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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