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Car Giveaway Rules
PLEASE READ THIS AGREEMENT BEFORE ENTERING INTO THE CAR GIVEAWAY SWEEPSTAKES. SERVICES. BY ORDERING SERVICES YOU AGREE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND THIS AGREEMENT, AND ARE AWARE OF OUR FEE STRUCTURE AND TERMS OF SERVICE.
midPhase's 2006 Mitsubishi Eclipse (a respective trademark of Mitsubishi Motors) Brand New Car Giveaway /or/ $15,000 Cash Giveaway
FOR PERSONS WHO ENTER THE SWEEPSTAKES THROUGH THIS CREATIVE PRESENTATION, THESE RULES GOVERN ALL ASPECTS OF PARTICIPATION AND PRIZE AWARD.
1. Overview. The 2006 Mitsubishi Eclipse, or $15,000 cash-option giveaway is sponsored entirely by midPhase Services, Inc., of 223 West Jackson Blvd. Suite 600, Chicago, IL. The winner will be randomly selected on the contest End-Date, and wil be given the option of the 2006 Mitsubishi Eclipse, or a cash-option of $15,000. The sweepstake is offered via the Internet, and mail, only within the jurisdiction below in section 2. Void where prohibited.
2. Eligibility. This sweepstake is open to legal residents of the fifty (50) United States (including the District of Columbia) who have reached the age of majority in their respective states. Employees, relatives, subsidiaries, directors of midPhase are not eligible for the sweepstake. By participating in this sweepstake, entrant agrees to abide by the Official Rules and the decision of midPhase, which are final and binding in all respects. Only one entry per household to be eligible.
3. Timing. The sweepstake will begin on September 5th, 2005 at 12:01AM Central Standard Time (CST), and will end on April 30th, 2006 at 11:59PM Central Standard Time (CST).
4. No purchase necessary. Void where prohibited. There is no purchase necessary to enter this sweepstake. To enter without becoming a midPhase customer, hand print your name, address, day and evening phone numbers, and email address on a 3" x 5" piece of paper and send it to "midPhase Sweep Stakes", 223 West Jackson Street Suite 600, Chicago, IL 60606 USA. All entries become property of midPhase, and by entering you acknowledge that midPhase is not responsible for returning, acknowledging your entry. midPhase is also not responsible for lost, incomplete, illegible, or misdirected mail, which will be disqualified.
5. midPhase Customer Entry. Every midPhase hosting account, including but not limited to the Mega-PHASE package, Pro-PHASE package, Windows, Windows PRO, ROOT Access, ROOT Access Pro, Celeron Pro, and Simple Server PRO will include one (1) entry into the sweepstake. Only one entry per household, and ordering multiple or additional accounts will not increase your odds of winning.
6. Odds of winning. The odds of winning will depend on the number of entries during the sweepstake period. The number of eligible entries is unknown, and is not capped beyond the rules set forth in Section 2, 3, and 4.
7. Limit of one (1) entry per person. This sweepstake is limited to one entry per household. Any attempt made to obtain multiple entries may void all entries by the participant.
8. Selection of Winner. midPhase will randomly select one (1) participant. Participant will then select the prize, outlined below. In order for participant to receive the prize, the participant must have complied with the terms and conditions of this sweepstake. The participant will be notified by mail/telephone/email of the drawing. The participant must execute the return to midPhase within 10 days, an affidavit of eligibility, release of liability, and a public release will be made upon contact of the participant. If the participant cannot be reached in 10 days, and the participant has not signed an affidavit, and liability release required, an alternate participant will be selected in place at random, from among all eligible participants received by midPhase.
9. The Prize. The participant will have two options of a prize. The first option is a 2006 Mitsubishi Eclipse (valued at approximately $20,000.) The second option as a prize is $15,000 Cash. Only one (1) prize will be awarded. No substitutions, assignment or transfer of prize permitted, except by midPhase who reserves the right to substitute another prize of greater or equal value. Winners are solely responsible for any and all applicable fees, travel expense, insurance, and taxes assumed by owning taking receipt and use. Winner will also be responsible for prize pickup from midPhase's offices in Chicago, IL. or another alternate location specified by midPhase.
10. Publicity. Participation in this sweepstake constitutes midPhase's use of winners name, hometown, state, opinion, photography, and website address for any promotional purposes without additional payment; including but not limited to, press release, television commercials, advertisements, creative, online graphics and electronic creative for use in advertising for or advertising on the midPhase.com website.
11. General Terms. midPhase reserves the right, in it's sole discretion to cancel, modify, suspend, extend this sweepstake in the event of unauthorized human intervention, technical failures, or any other factor beyond midPhase's control. midPhase reserves the right to disqualify any entries that midPhase finds to be tampering with the entry process.
12. Release. By accepting into this sweepstake, and taking receipt of the prize, the winner agrees that midPhase, associated companies, midPhase vendors, agents, employees, directors, and owners, are not liable whatsoever for any injuries, losses or damages of any kind resulting in whole or in part, directly or indirectly, from the acceptance, possession, use or misuse of any prize or from winner's participation in this sweepstake.
13. Limitations of Liability. midPhase is not responsibility for the following:
a) incorrect or inaccurate transcription of entry information that is lost, stolen, illegible, incomplete, or misdirected.
b) technical failures of any kind, including to the loss of data.
c) electronic or human error which may occur during the processing of entries.
d) any damage, costs, or injury to persons, or property, which may be caused directly or indirectly, whole or in part to the participation and acceptance of receipt of prize by this sweepstake.
14. Dispute Procedure. Participants agree that any, and all disputes, claims, and causes of action arising from participation whole or in part to this sweepstake, directly or indirectly will be handled individually, without resort to any form of class action, and exclusively by the United States District Court for Illinois, or the appropriate Illinois Court located in Cook County, IL USA. Any and all claims, and disputes will be limited to the actual pocket costs incurred, including costs associated with entering this sweepstake but in no even attorney fees, and under no circumstances will participant be permitted to obtain awards for and participant hereby waives all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of participant and midPhase in connection with the Sweepstakes shall be governed by, and construed in accordance with, the laws of the State of Illinois, U.S.A., without giving effect to any choice of law or conflict of law rules of provisions (whether of the State of Illinois, U.S.A., or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Illinois, U.S.A. All federal, state, provincial and local laws apply.
15. Obtaining Official Rules. To obtain a copy by mail of the official rules, you must send a letter to "midPhase Sweep Stakes" requesting a copy of the "2006 Mitsubishi Eclipse / $15,000 Cash giveaway Rule Request", 223 West Jackson Blvd. Suite 600 Chicago, IL.
Mitsubishi Eclipse is a registered trademark of Mitsubishi Motors. midPhase, and "Unmetered Bandwidth" are registered trademark of midPhase Services, Inc.
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