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THE FOLLOWING
SWEEPSTAKES IS INTENDED FOR VIEWING IN THE 50 UNITED STATES AND THE DISTRICT OF
COLUMBIA ONLY (EXCLUDING, WITHOUT LIMITATION, PUERTO RICO AND ALL U.S.
POSSESSIONS AND TERRITORIES AND ALL OVERSEAS MILITARY INSTALLATIONS) AND SHALL
ONLY BE CONSTRUED AND EVALUATED ACCORDING TO UNITED STATES LAW AND AMERICAN
ENGLISH. MUST BE 18 YEARS OF AGE AND THE AGE OF MAJORITY OR OLDER AT THE TIME
OF ENTRY TO PARTICIPATE.
Esurance
"Rock Out Carbon Knockout (R.O.C.K.)" Sweepstakes —Official Rules
NO PURCHASE OR OBLIGATION NECESSARY TO ENTER
OR WIN. PURCHASE, QUOTE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR
CHANCES OF WINNING. VOID WHERE PROHIBITED.
As a condition of participating in
this Sweepstakes, you agree
to be fully and unconditionally bound by these Official Rules and the decisions
of the Sponsor and Administrator and waive any right to claim ambiguity in the
Sweepstakes or these Official Rules.
1. ELIGIBILITY
The
Esurance "Rock Out Carbon Knockout (R.O.C.K.)" Sweepstakes (the "Sweepstakes")
is open only to legal residents of the 50 United States and the District of
Columbia (excluding, without limitation, Puerto Rico all U.S. possessions and
territories and all overseas military installations), who are at least 18 years
of age and the age of majority in their state of residence at the time of
entry.
Employees of Esurance, Inc. ("Sponsor" or
"Esurance"), Live Nation, Inc. ("Live Nation" or "Prize Provider"), Sustainable
Energy Partners LLC and The Marketing Agency, LLC ("Administrator"), and their
respective parent, subsidiaries and affiliate companies, advertising, design,
web design, web hosting and production agencies (all such individuals and
entities collectively referred to as, "Promotion Entities"), as well as their
immediate families (spouse, parents, children, siblings, — including "step" as
they may apply — and each of their respective spouses, regardless of where they live),and
members of any of their households
whether legally related or not, are not eligible to enter. The Sweepstakes is subject
to all applicable federal, state and local laws and regulations and is void
where prohibited or restricted by law.
2. HOW TO ENTER
The Sweepstakes Period
begins as of 12:00:00 p.m. Pacific Time ("PT") on February 19,
2009 ("Game-Start"), and ends as of 12:00:00 p.m. PT
on October 15, 2009 ("Game-End"). Sponsor's computer clock determines
time.
There are four (4) ways to enter the Sweepstakes:
1) You may go to, or be
directed by an advertisement to,www.esurance.com/gorge to complete a free, private
passenger, automobile insurance including supplying your email address for which
you are the Authorized User (as that term is defined below).
2) You
may also click on the registration link provided for such purpose at
www.esurance.com/gorge, and enter free by supplying your name, address, daytime
phone number and email address for which you are the Authorized User.
3) You
may also enter by clearly
hand-printing your name, address, mailing address, daytime phone number and
email address, for which you are the Authorized User, on a 3½"x5½" postcard and
mailing it with first class postage to: Esurance "Rock Out Carbon
Knockout (R.O.C.K.)" Sweepstakes,
c/o The Marketing Agency, PO Box 11398, Fort Lauderdale FL, 33339-1398 postmarked by October 15, 2009 and received by October
22, 2009, to be eligible for the drawing.
4) You
may also enter by purchasing a Green
Gorge Pass
through Carbon Harmony (a Sustainable Energy Partners, LLC company) by clicking
on the link located at www.esurance.com/gorge.
In all four cases you will receive one (1) entry.Maximum
one (1) entry per person, household or email address during the Sweepstakes
Period regardless of method of entry. Duplicate or oversized
postcard entries, copies and other mechanical reproductions are not permitted
for mail-in entries. Sponsor is not responsible for illegible, lost, late, misdirected, postage
due, damaged or incomplete entries. Proof of mailing an entry is not proof of
receipt.
"Authorized User"
is defined as the natural person who is assigned an email address by an
Internet access provider, online service provider or organization (e.g.,
business, educational institution, etc.) that is responsible for assigning
email addresses for the domain associated with the email address.
Any form of entry other than those described
herein is void. All entries,
regardless of the method of entry, become the property of the Sponsor and will
not be returned or acknowledged.
3. DRAWINGS AND ODDS
OF WINNING
One (1)
Grand Prize winner will be selected randomly in a drawing from among all
eligible online entries received from Game-Start to Game-End and mail-in
entries postmarked by October 15, 2009 and received by October 22, 2009. The
Grand Prize drawing will take place on or about October 26, 2009. Sponsor will contact the potential winner within
five (5) business days after the Grand Prize drawing via email at the email
address provided by potential winner on his/her entry. It is a potential
winner's responsibility to keep his/her email address current. It is a
potential winner's responsibility to respond to an email notification within
three (3) business days of the time the email is sent. Failure to respond
within the three (3) business day time-period will indicate definitively that
the Grand Prize has been declined for all time and an alternative winner will
be selected in a random drawing. When a potential winner
accepts the Grand Prize, s/he will receive written confirmation via email, and
s/he and her/his travel companion must complete and sign an Affidavit of Eligibility, Liability and Publicity
Release or an Affidavit of Eligibility, Liability and Publicity Release (Travel Companion) as applicable and where legal, all of which must be
completed according to the instructions provided and faxed no later than two
(2) business days following the Affidavit notification date and returned within
four (4) business days or it will be concluded definitively that the prize has
been declined and, without further notice, an alternative winner will be
selected in a random drawing. Prize or prize notification that is returned as
undeliverable will disqualify the winner and an alternative winner will be
selected in a random drawing. Winner's travel companion must be identified at
the time of acceptance of the prize.
Sweepstakes
administration and winner selection and verification of the Grand Prize will be
supervised by The Marketing Agency, LLC, an independent judging organization
whose decisions are final, unappealable and legally binding. No entrant or
winner shall have the right to contest any decision by Sponsor or the
Administrator concerning any aspect of the Sweepstakes or the interpretation of
these Official Rules or the determination as to the qualification of entries.
4. PRIZES
A. GRAND PRIZE
A trip for two (2)
to a Live Nation concert of winner's choice consisting of:
- Two
(2) tickets to a concert to be held at a location in the continental United
States and which is listed as having
tickets available for purchase on the www.livenation.com website; provided that
winner notifies Sponsor of his/her desired concert at least 45 days prior to
the concert date listed on said website;
- One
(1) night, standard, double occupancy hotel accommodation in a hotel of Live
Nation's choosing in or near the city where the concert is to be held;
- Roundtrip,
coach-class, airline travel (subject to availability) for two (2) from/to the
nearest major airport to winner's residence to/from the major airport nearest
the city where the concert is to be held (there may be stops and/or plane
changes on all legs of the trip);
- Five
Hundred Dollars (US$ 500) "spending money"
Concert tickets are subject to
availability, and winner may be required to select (an) alternate concert
choice(s) from the www.livenation.com
website if winner's first choice is not available for any reason. Winner will be required to present a major,
valid credit card at hotel check in to cover all expenses not specifically
mentioned in these Official Rules. Travel must originate from and end at the
same airport unless otherwise permitted by Sponsor in Sponsor's sole
discretion. In addition, if in Sponsor's
sole discretion air travel is not required due to winner's proximity to the
chosen concert, Sponsor will substitute air fare with ground transportation
between winner's residence and the city of the concert, and the difference in
value will not be awarded to the winner. The Grand Prize winner and his/her
companion (who must at least 18 years of age and the age of majority or older
in his/her state of residence and a legal resident of the U.S.) must use the
prize on the same itinerary. Winner is
responsible for the payment of taxes on the Grand Prize and for any other costs
and expenses associated with the acceptance and use of the prize not
specifically described above, including, without limitation, travel to/from
your nearest gateway airport (if applicable), meals and drinks, gratuities,
telephone charges, incidentals and personal expenses. Grand Prize will be awarded provided it is
properly claimed and must be used by December 31, 2010. Approximate Retail
Value ("ARV") of Grand
Prize:
US$4,558.00. Actual retail value of the Grand
Prize will vary depending on chosen concert and winner's residence, and may
fluctuate due to market conditions and other reasons, and actual retail value
at time of actual prize award may be different than ARV stated herein due to
such conditions. Any difference in
actual retail value of the Grand Prize as described in the previous shall not
be awarded to winner. Odds of winning Grand Prize: Will
depend on the number of eligible online entries received from Game-Start to
Game-End and mailed entries postmarked by Game-End and received by October 22,
2009.
Winner
and travel companion are responsible for: (1) all travel documents including,
without limitation, a current, valid U.S. Passport or other identification
documents acceptable to the airlines, the U.S. Transportation Security
Administration and the U.S. Government; (2) all medical requirements; (3)
respecting all local regulations, and (4) for full compliance with the
regulations of all venues. The Grand Prize is awarded "AS IS" and
WITHOUT WARRANTY OF ANY KIND, expressed or implied, (including, without
limitation, any implied warranty of merchantability or fitness for a particular
purpose) by Sponsor. There will be no substitution or compensation for the
Grand Prize or part of it if forfeited due to winner's or winner's companion's
non-compliance with all the venues' regulations or any other reason. The winner
understands and agrees that Sponsor has the right, in its sole discretion, to
disqualify and remove the winner from any activity at any time if the winner's
behavior at any point is uncooperative, disruptive, or may or does cause damage
to person, property, or the reputation of Sponsor or otherwise violates the
policies of the prize providers. The right
to receive the prize is non-assignable and non-transferable and no prize
substitution, transfer, cash equivalent or exchange will be allowed except by
Sponsor in Sponsor's sole discretion. Sponsor reserves the right to substitute the stated prizes or portions
thereof with other prizes or portions thereof of equal or greater value for any
reason, including, without limitation, due to the prize unavailability.
All taxes are
winner's responsibility and an IRS form 1099 will be issued for the year 2009
for the value of the prize.
5. PUBLICITY
Except
where prohibited by law, by
entering the Sweepstakes, as a condition of participating in this
Sweepstakes and winning a prize,
you agree to the use by Sponsor and its designees of your name,
photograph, likeness, statements, biographical information, voice and city and
state address for advertising and
promotional purposes for this and similar promotions, worldwide, and in
perpetuity, in any and all forms of media, now known or hereafter devised
without additional compensation, review or approval rights, notification or
permission, except where prohibited by law. At the option of Sponsor, winner may be required to execute a Publicity
Release.
YOU
FURTHER ACKNOWLEDGE THAT IF YOU ARE CHOSEN AS A WINNER, YOUR IDENTIFYING
INFORMATION MAY BE DISCLOSED TO THIRD PARTIES INCLUDING, WITHOUT LIMITATION,
BEING PLACED ON A WINNERS' LIST.
6. LIMITATION OF LIABILITY
Neither Sponsor nor
Releasees (as defined herein) are responsible for: (1) stolen, lost, late,
misdirected, damaged, undeliverable, incomplete, inaccurate, delayed, or
illegible entries due to technical,
computer, mechanical, printing, typographical, human or other errors relating
to or in connection with the Sweepstakes, including, without limitation, errors
which may occur in connection with the administration of the Sweepstakes, the
mailing or transmission of entries, notification or correspondence, the
processing of entries, the announcement of the prize or in any Sweepstakes
related materials; (2) technical failures of any kind; (3) failures of any
of the equipment or programming associated with or utilized in the Sweepstakes;
(4) unauthorized human and/or mechanical intervention in any part of the entry
process or the Sweepstakes; (5) technical or human error that may occur in the
administration of the Sweepstakes, the sending of entries or the processing of
entries; or (6) any injury or damage to persons or property that may be caused,
directly or indirectly, in whole or in part, from your participation in the
Sweepstakes or receipt or use of any prize. If for any reason your entry is confirmed to have been erroneously
deleted, lost or otherwise destroyed, corrupted or for any other reason not
accepted as an entry into the Sweepstakes, your sole remedy is another entry in
the Sweepstakes. Sponsor may rescind any Sweepstakes entry found to contain
such errors or failures without liability at Sponsor's sole discretion.
As
a condition of participating in this Sweepstakes, you agree to release, indemnify and hold harmless the
Promotion Entities and each of their respective agents, representatives,
officers, directors, members, shareholders and employees (collectively,
"Releasees") from and against any injuries, losses, damages, claims,
actions and any liability of any kind, including damage to your or any other
person's computer or wireless device, resulting from, arising out of, or in
connection with your participation in the Sweepstakes, including without
limitation, your acceptance, possession, use, misuse or nonuse (including any
travel or travel-related activity) of a prize, or your inability to access any
web site or wireless service associated with this promotion. Releasees shall not be liable for any
loss or damage to baggage or the loss, theft or damage of cash, cameras,
jewelry, securities, heirlooms, negotiable papers or other valuables. If the
Grand Prize winner becomes disabled or cannot otherwise fully enjoy the
sweepstakes prize package due to illness, Sponsor shall have the option of: (1)
being relieved of liability for fulfillment of the prize award; or (2) at
Sponsor's sole discretion extending the period during which such prize may be
awarded for a period equal to the duration of the winner's disability or
illness, in which case certain prize components may not be available. The Grand
Prize winner must prove such disability by a doctor's certificate, which
certificate shall be endorsed by another physician agreeable to Sponsor and
Grand Prize winner at Sponsor's expense. Sponsor's failure to enforce any term
of these Official Rules shall not constitute a waiver of that provision; entrants further agree that in any cause of action, the
Releasees' liability will be limited to the cost of entering and participating
in the Sweepstakes, and in no event shall the Releasees be liable for attorneys'
fees and/or experts' fees and costs. Entrants waive the right to claim any
damages whatsoever, including, but not limited to, punitive, consequential,
direct, or indirect damages. You agree that
the laws of the State of California will govern any and all disputes. All
issues and questions concerning the construction, validity, interpretation and
enforceability of these Official Rules, or your and Sponsor's rights and
obligations in connection with the Sweepstakes, shall be governed by, and
construed in accordance with, the laws of the State of California, without
regard for conflicts of law doctrine, and all proceedings shall take place in
San Francisco County, California.
If any provision of this Sweepstakes shall
be deemed to violate any federal, state or local law, regulation or ordinance,
it shall be amended to conform to such law and all other provisions shall
remain in full force and effect. If Sponsor is required by applicable federal,
state or local law, regulation or ordinance, or by action of an administrative
agency to cease offering the Sweepstakes in any jurisdiction, Sponsor reserves
the right to (i) terminate the Sweepstakes in such jurisdiction or in its
entirety, and/or (ii) cancel and remove from participation in the Sweepstakes
any and/or all entries from entrants residing in such jurisdiction, without
penalty and without obligation to any Sweepstakes entrants.
If in the
Sponsor's opinion, there is any suspected or actual evidence of electronic or
non-electronic tampering with any portion of the Sweepstakes, or if any
computer virus, bugs, unauthorized intervention, fraud, or technical
difficulties or failures compromise or corrupt or affect the administration,
integrity, security, fairness, or proper conduct of the Sweepstakes, the Sponsor
reserves the right in Sponsor's sole discretion to disqualify any individual
who tampers with the entry process and/or void any entries submitted
fraudulently, to modify or suspend the Sweepstakes, or to terminate the
Sweepstakes and conduct a random drawing to award the prize using all eligible,
non-suspect entries received for the applicable drawing as of the termination
date. In the case of early termination,
winner will be drawn from eligible online entries received up to the time of
cancellation and mailed entries postmarked up to the date of termination and
received up to seven (7) calendar days later. Any discovered attempts by an
individual to access any website associated with this Sweepstakes via robotic,
automatic entry devices, programs such as, but not limited to, by script, macro
or any other automated means, or other unauthorized entry will void all such
entries by such methods.
ANY DISCOVERED
ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE SPONSOR'S WEBSITE OR UNDERMINE THE
LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE IN VIOLATION OF CRIMINAL AND
CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO
SEEK CIVIL AND/OR CRIMINAL PROSECUTION AND DAMAGES (INCLUDING ATTORNEYS' FEES
AND EXPERTS' FEES AND ALL ASSOCIATED COSTS) FROM ANY SUCH ENTRANT TO THE
FULLEST EXTENT OF THE LAW.
7. PRIVACY
Sponsor collects personal information from you
when you enter the Sweepstakes. The information collected is subject to the
Sponsor's Privacy Policies found at www.esurance.com and The Privacy Policy of The Marketing Agency found at www.themarketingagency.com/html/aboutUs.html and clicking on "Privacy Policy."
8. NAME OF GRAND PRIZE WINNER
For the name of the Grand Prize winner, any person may mail a self
addressed, adequately stamped, #10 business envelope to Grand Prize Winner —
Esurance "Rock Out Carbon Knockout (R.O.C.K.)" Sweepstakes, c/o The Marketing
Agency, 2881 East Oakland Park Blvd., Suite 425, Fort Lauderdale, FL 33306, to
be received no later than November 15, 2009. No mechanically reproduced or
photocopied requests allowed; only one (1) request per outer mailing envelope. You cannot enter the Sweepstakes using this
address. Entries mailed to this address will be discarded.
9. SPONSOR
This Sweepstakes is sponsored by Esurance, Inc., 650 Davis St., San
Francisco, California 94111-1922, and is administered by
The Marketing Agency, LLC, 2881
East Oakland Park Blvd., Suite 425, Fort
Lauderdale, FL 33306.
10. OPT
OUT
If you do not wish to receive any further
notice from Esurance regarding sweepstakes offerings, send your name and
address to: Esurance, Attn: Opt-Out, 650 Davis St., San Francisco, CA 94111.
CONSUMER DISCLOSURE: NO PURCHASE OR OBLIGATION
NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
VOID WHERE PROHIBITED.
You have not yet won a prize. The actual odds of
winning any prize will depend upon the total number of eligible entries
received for the applicable drawing. All entries must be received by as
indicated above to be eligible for the drawing. Sweepstakes ends as of 12:00:00
p.m. PT on October 15, 2009. See Official Rules above for complete prize
restrictions. Sponsored by Esurance, 650
Davis St., San Francisco, California 94111-1922.
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