Official Sweepstakes Rules
No purchase necessary to enter or win. Void wherever prohibited by law.
Eligibility open to all, no restrictions.
Sweepstake sponsored by ElliottWaveOnlne.com
- Bit Wise Publishing, LLC, 9820 Parkway Lane, Gainesville, GA
30506-6212
BY ENTERING AND PARTICIPATING IN THE SWEEPSTAKES, ENTRANT (1)
FULLY AND UNCONDITIONALLY AGREES TO ACCEPT AND BE BOUND BY THESE OFFICIAL
RULES AND BY ALL DECISIONS OF SPONSOR, WHICH DECISIONS, INCLUDING WITHOUT
LIMITATION DECISIONS REGARDING ELIGIBILITY, WINNERS AND THE INTERPRETATION OF
THE TERMS USED IN THESE OFFICIAL RULES, SHALL BE FINAL AND BINDING IN ALL
RESPECTS; AND (2) REPRESENTS AND WARRANTS THAT ALL INFORMATION PROVIDED BY
ENTRANT IN CONNECTION WITH THE SWEEPSTAKES IS TRUE, ACCURATE AND COMPLETE AS
OF THE DATE OF ENTRY.
PROMOTIONAL PERIOD Promotional
period begins on Saturday, December 7th, 2002 at 7:00 a.m. Eastern
Time (ET), and runs indefinitely with a weekly winner until
ElliottWaveOnline.com decides to stop running
the sweepstakes. Each period ends at midnight on the
Friday of each week. Drawing is held the following
Monday after the end of each weekly period.
ONLINE ENTRY ONLY: To enter the Sweepstakes
online, visit the page located at
http://www.ElliottWaveOnline.com/elliott_wave_sweepstakese.htm,
fill out the online Sweepstakes entry form by providing your
first and last name, physical address, email address, etc. Click "Submit Entry." Failure to provide
the requested information,
will result in immediate disqualification from the Sweepstakes.
In order to be eligible, online entries must be actually received
by Sponsor before the end of the Sweepstakes Period. Online
entries received by Sponsor after the end of the Sweepstakes
Period will be moved to the next drawing period. In the event
of a dispute as to who submitted an online entry, the individual
who was, at the time of entry (in Sponsor’s sole discretion),
the registered subscriber/holder of the email account used
to enter the Sweepstakes, will be deemed the eligible entrant.
ENTRY GUIDELINES AND RESTRICTIONS: LIMIT
ONE ONLINE ENTRY PER PERSON PER PERIOD. Odds of winning are
determined by and depend upon the total number of eligible
entries received. Proof of entering Sweepstakes online, will
not be deemed by Sponsor to constitute proof of delivery or
receipt of entry. No changes to any entry materials or information
will be permitted once submitted. All entries become the property
of Sponsor and will not be acknowledged or returned.
SELECTING THE WINNER: The Monday
following the end of of Period one (1) Potential Winner
will be selected at random by Sponsor from among all eligible
entries received during the Sweepstakes Period. Sponsor will
use commercially reasonable efforts to contact Potential Winner
within one (1) day after the actual date of Sponsor’s selection
of Potential Winner. Inability of Sponsor to contact Potential
Winner, or return of Sponsor emails or prize notification
as "undeliverable" for any reason, may result in
disqualification of such Potential Winner and selection of
an alternate Winner from among all remaining eligible entries.
Potential Winner, where permitted by law, may be required
by Sponsor to execute and return an Affidavit of Eligibility
and a Liability/Publicity Release. within seven (7) days following
Sponsor's notification. If Potential Winner is under 18 years
of age, said potential winner will be disqualified and
another name will be drawn. Noncompliance
within such seven (7) day requirement, or inability or unavailability
of Potential Winner to accept a prize for any reason, may
result in disqualification of such Potential Winner and selection
of an alternate Winner from among all remaining eligible entries.
PRIZE: The Prize Winner will be
awarded a PRIZE that was advertised in the Sweepstakes
original entry form. If Sponsor does not have the item
in stock an alternate, similar prize of equal or greater value
will be provided. (approximate retail value: US$30.00). The
value of the prizes set forth above represents Sponsor’s good-faith
determination of the maximum retail value thereof. Sponsor
will provide free shipping of the prize to winner of contest.
ADDITIONAL TERMS AND CONDITIONS GOVERNING PRIZES: The
Sweepstakes Entities assume no responsibility for cancellation due to labor
strike, industry conditions, commercial viability, or any other cause. All
prizes awarded in connection with the Sweepstakes are nontransferable and non-endorsable.
All taxes (including without limitation Federal, state and local taxes) on or
in connection with any prize, and the reporting consequences thereof, are the
sole and exclusive responsibility of the Winner. No substitution of any prize
will be permitted, except that Sponsor reserves the right in its sole
discretion to substitute with a prize or prizes of equal or greater value, in
the event that (i) such prize is unavailable, or (ii) the Winner is unable to
receive, accept or assume responsibility for the prize for any reason. Except
where otherwise expressly noted in these Official Rules, the selection of all
vendors, prizes, products, and services is subject to Sponsor’s sole and
absolute discretion.
DISQUALIFICATION/INELIGIBILITY: Without
limiting any other provision of these Official Rules, Sponsor
reserves the right, at any time and in its sole discretion,
to disqualify and/or deem ineligible to participate in this
Sweepstakes or any future Sponsor sweepstakes or other promotions,
any individual it suspects: to be tampering with the entry
process or the operation of the Sweepstakes or Site; to be
in violation of the Site's
Privacy
Policy, or other terms, conditions, or guidelines;
to have failed to agree to these Official Rules; to be in
violation of these Official Rules; to be acting in bad faith,
or in a non-sportsmanlike or disruptive manner; or to be annoying,
abusing, threatening or harassing any other person in connection
with the Sweepstakes or the Site. Furthermore, Sponsor reserves
the right, in its sole and absolute discretion, to disregard
and/or deem VOID any or all of such entrant's entries in the
Sweepstakes. ANY ATTEMPT TO DAMAGE THE SITE OR TAMPER WITH
OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS
A VIOLATION OF THESE OFFICIAL RULES AS WELL AS CRIMINAL AND
CIVIL LAWS. IF SPONSOR BELIEVES OR BECOMES AWARE THAT SUCH
AN ATTEMPT HAS BEEN, IS BEING OR WILL BE MADE, SPONSOR RESERVES
THE RIGHT TO SEEK REMEDIES AND DAMAGES FROM ANY RESPONSIBLE
ENTRANT(S) AND OTHER RESPONSIBLE INDIVIDUAL(S) TO THE FULLEST
EXTENT PERMITTED BY LAW, INCLUDING WITHOUT LIMITATION CRIMINAL
PROSECUTION.
LICENSE: Where permitted by law, the Winner agrees to
grant to Sponsor, the Sweepstakes Entities and each of their respective
licensees, affiliates and assigns, the right to print, publish, broadcast and
use, worldwide in any media now known or hereafter developed, including
without limitation the World Wide Web, at any time or times, the Winner’s
name, likeness (actual or simulated), voice (actual or simulated), and
biographical information as news or information and for advertising and
promotional purposes without additional consideration; and further without
such additional compensation, appear for, or provide biographical information
for use in, any presentation or other activity which may include
filming/audio/video/electronic or other recordings and/or interviews, as may
be determined from time to time by Sponsor in its sole discretion.
RELEASE AND INDEMNIFICATION: BY ENTERING THE SWEEPSTAKES,
ENTRANT RELEASES AND HOLDS THE SWEEPSTAKES ENTITIES HARMLESS FROM AND AGAINST
ANY AND ALL LOSSES, DAMAGES, RIGHTS, CLAIMS, AND ACTIONS OF ANY KIND ARISING
IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM THE SWEEPSTAKES OR
PARTICIPATION IN ANY SWEEPSTAKES-RELATED ACTIVITY (INCLUDING WITHOUT
LIMITATION THE REMOVAL FROM THE SITE OF, OR DISCONTINUATION OF ACCESS TO, ANY
MATERIALS), OR RESULTING DIRECTLY OR INDIRECTLY FROM ACCEPTANCE, POSSESSION,
USE, OR MISUSE OF ANY PRIZE AWARDED IN CONNECTION WITH THE SWEEPSTAKES,
INCLUDING WITHOUT LIMITATION PERSONAL INJURY, DEATH AND/OR PROPERTY DAMAGE, AS
WELL AS CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION AND/OR INVASION OF
PRIVACY.
DISCLAIMERS; LIMITATION OF LIABILITY: The Sweepstakes
Entities make no warranties, and hereby disclaim any and all warranties,
express or implied, concerning any prize furnished or made available in
connection with the Sweepstakes. No responsibility is assumed by the
Sweepstakes Entities for lost, late, incomplete, stolen, misdirected,
mutilated, postage-due, illegible, unreadable, inaccurate, incorrect,
inaccessible, corrupted or unusable online entries; incorrect or inaccurate
online or printed information relating to the Sweepstakes (including
typographical errors); any computer, telephone, cable, network, satellite,
server, service provider, Site, electronic, power, or Internet or other
hardware or software malfunctions, failures, connections or availability; data
loss or late or incorrect data processing; Internet traffic congestion;
service provider/Internet/Site inaccessibility, unavailability, or
malfunction; garbled or jumbled transmissions; or unauthorized human
intervention. Although Sponsor attempts to ensure the integrity of the
Sweepstakes, the Sweepstakes Entities are not responsible for the actions of
entrants or other individuals in connection with the Sweepstakes, including
entrants' or other individuals' attempts to circumvent these Official Rules or
otherwise interfere with the administration, security, fairness, integrity or
proper conduct of the Sweepstakes. The Sweepstakes Entities are not
responsible for injury or damage to entrant’s or to any other person's
computer(s), other equipment, or person(s), related to or resulting from
participation in the Sweepstakes or downloading materials from or using the
Site. If, for any reason, the Sweepstakes is not capable of running as planned
by reason of damage by computer virus, worms, bugs, tampering, unauthorized
intervention, fraud, technical limitations or failures, strikes, industry
conditions, bankruptcy or liquidation, marketplace demands, war (whether or
not declared), invasion, acts of foreign enemy, acts of terrorism or mass
crime (whether domestic or foreign, whether or not politically motivated and
whether or not directed at Sponsor or its property), hostilities (whether war
be declared or not), applicable law, unforeseen obstacles or any other causes
which, in the sole opinion of Sponsor, could corrupt, compromise, undermine or
otherwise affect the administration, security, fairness, integrity, viability
or proper conduct of the Sweepstakes, Sponsor reserves the right in its sole
and absolute discretion to modify these Official Rules and/or to cancel,
terminate, modify or suspend all or any part of the Sweepstakes, and to select
a Winner from among all eligible entries received up to the time of such
cancellation, termination, modification, or suspension. IN NO EVENT WILL THE
SWEEPSTAKES ENTITIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY
KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL
OR PUNITIVE DAMAGES, ARISING OUT OF ANY ACCESS TO AND/OR USE OF THE SITE, THE
DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM THE SITE, THE
REMOVAL FROM THE SITE OF, OR DISCONTINUATION OF ACCESS TO, ANY MATERIALS, OR
THE ACCEPTANCE, POSSESSION, USE, OR MISUSE OF, OR ANY HARM RESULTING FROM THE
ACCEPTANCE, POSSESSION, USE OR MISUSE OF, OR PARTICIPATION IN, ANY PRIZE
AWARDED IN CONNECTION WITH THE SWEEPSTAKES. WITHOUT LIMITING THE FOREGOING,
THE SWEEPSTAKES, ALL PRIZES AND ALL MATERIALS PROVIDED ON OR THROUGH THE SITE
ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR
IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
GOVERNING LAW: THE SUBSTANTIVE LAWS (AS DISTINGUISHED
FROM THE CHOICE OF LAW RULES) OF THE STATE OF YOURSTATE AND THE UNITED STATES
OF AMERICA APPLICABLE TO CONTRACTS MADE AND PERFORMED ENTIRELY IN YOURSTATE AND
WHERE THE RELEVANT CONTACTS ARE WITH SUCH STATE SHALL GOVERN (i) THE VALIDITY
AND INTERPRETATION OF THESE OFFICIAL RULES; (ii) THE PERFORMANCE BY ENTRANT
AND SPONSOR OF THEIR RESPECTIVE OBLIGATIONS HEREUNDER; AND (iii) ALL OTHER
CAUSES OF ACTION (WHETHER SOUNDING IN CONTRACT OR IN TORT) ARISING OUT OF OR
RELATING TO THE SWEEPSTAKES.
MISCELLANEOUS:
(a) DATES AND DEADLINES: Because of the unique nature and
scope of the Sweepstakes, Sponsor reserves the right, in addition to those
other rights reserved herein, to modify any date(s) or deadline(s) set forth
in these Official Rules or otherwise governing the Sweepstakes.
(b) PRIVACY: Information submitted in
connection with the Sweepstakes will be treated in accordance
with these Official Rules and Sponsor's Privacy Policy (as
may be amended from time to time), currently located at
:Privacy
Policy;
provided, that in the event of any conflict between these
Official Rules and such Privacy Policy, the terms and conditions
of these Official Rules shall prevail.
(c) NON-ENDORSEMENT: The use of any non-Sponsor
trademarks, service marks, logos, or other marks in connection with this
Sweepstakes or any prize is not meant by Sponsor to imply the endorsement of
the respective owner(s) of such marks, or any affiliation of the respective
owner(s) of such marks with the Site or the Sweepstakes.
(d) SEVERABILITY; HEADINGS: If any provision of these
Official Rules is found to be unlawful, void, or for any reason unenforceable,
then that provision shall be deemed severable from these Official Rules and
shall not affect the validity and enforceability of any remaining provisions.
Headings and captions are used in these Official Rules solely for convenience
of reference, and shall not be deemed to affect in any manner the meaning or
intent of these Official Rules or any provision hereof.
(e) WINNERS LIST: For the names of the
Winners available after, send a first-class, self-addressed,
stamped envelope to Bit Wise Publishing, LLC, 9820
Parkway Lane, Gainesville, GA 30506
Copyright © 2002-2003 Bit Wise Publishing, LLC. All Rights Reserved.
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