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Telescope Envy Sweepstakes
A Sweepstakes with Imaginova® Corp.
OFFICIAL SWEEPSTAKES RULES
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER
OR WIN THIS SWEEPSTAKES. ENTRY IS FREE. THE PRIZE WILL BE
AWARDED.
The Sweepstakes entry period begins on January 17, 2007
at 9:00 a.m. Eastern Standard Time ("EST"), and ends on February
18, 2007 at 11:59 p.m. EST (the "Sweepstakes Period").
1. ELIGIBILITY: This Sweepstakes is open to any individual who is, as of the
beginning of the Sweepstakes Period, a legal resident of one of the 50
United States or the District of Columbia (excluding, Puerto Rico, the U.S.
Virgin Islands and U.S. military installations located in a foreign
country) and Canada (excluding the Province of Quebec) who is physically
located and residing therein and 18 years of age or older as of January 17,
2007. Void outside of the eligibility area and where otherwise taxed,
prohibited or restricted by law. Employees of Imaginova Corp.
("Imaginova") and Fox Home Video (“Fox”), their respective
affiliates, subsidiaries, divisions, trustees, franchisees, participating
vendors, distributors, advertising, promotional partners and promotion
agencies and affiliated entities (the "Sweepstakes Entities") and
the immediate family members of each are not eligible.
2. HOW TO ENTER:
(a) ENTRY GUIDELINES, ODDS OF
WINNING AND RESTRICTIONS: The use of robotic, automatic, macro,
programmed or like methods (including without limitation the use of any
promotion/sweepstakes subscription, notification, entry or like sites or
service that offers sweepstakes entry services "on behalf of"
entrant) is strictly prohibited. Odds of winning are determined by
and depend upon the total number of eligible entries received. Limit one entry per person and/or e-mail account. If
you attempt to enter the Sweepstakes in a manner other than as permitted in
these Official Rules, then upon discovery by Imaginova, your entry will be
deemed void and ineligible and you may be disqualified from further
participation in the Sweepstakes and/or any future Imaginova sweepstakes or
other promotions. Proof of entering Sweepstakes online will not be
deemed by Imaginova 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 Imaginova and will
not be acknowledged or returned.
3. OFFICIAL PRIZE SCHEDULE AND APPROXIMATE
RETAIL VALUES:
(a) SELECTING THE
WINNERS: On or around February 23,
2007, potential winners ("Potential Winners") will be selected by
Imaginova from among all eligible entries received during the Sweepstakes
Period. The Grand Prize winner will be selected randomly from all eligible
entries. Imaginova will use commercially reasonable efforts to contact Potential
Winners within two (2) days after the actual date of Imaginova's selection
of a Potential Winner by email. Inability of Imaginova to contact a
Potential Winner, or return of Imaginova emails or prize notifications 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 Winners, where permitted by
law, may be required by Imaginova to execute and return an Affidavit of
Eligibility and a Liability Release (the "Affidavit/Release")
and/or a completed IRS W-9 form within ten (10) days following Imaginova's
notification. If a Potential Winner is under the age of 21, Imaginova
may require such Potential Winner to have a parent or legal guardian
execute Potential Winner’s Affidavit/Release as well. Noncompliance within
such ten (10) day requirement, or inability or unavailability of a
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.
(b) PRIZE: A total
of one (1) prize will be awarded in this Sweepstakes. The total
approximate retail value of the prize to be awarded is: $2,999.00
USD.
The Grand Prize winner will receive an Orion Atlas 11 EQ-G
Schmidt-Cassegrain Telescope.
(c) ADDITIONAL TERMS
AND CONDITIONS GOVERNING PRIZE: Prize subject to
availability. No substitutions or cash redemptions for the prize is
available and the prize is not transferable, redeemable, assignable or
exchangeable, except that Imaginova reserves the right in its sole
discretion to substitute with either the cash value of the prize that would
otherwise have been awarded, or 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. All taxes, incidentals and other expenses associated with the prize
are the Winner’s sole responsibility.
4. DISQUALIFICATION/INELIGIBILITY: Without limiting any other
provision of these Official Rules, Imaginova 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 Imaginova sweepstakes or
other promotions, any individual it suspects: to be tampering with the
entry process or the operation of the Sweepstakes or other terms,
conditions, or guidelines applicable to the Site or Sweepstakes; to be in
violation of these Official Rules; to be acting in bad faith; or to be
annoying, abusing, threatening or harassing any other person in connection
with the Sweepstakes or the Site. Furthermore, Imaginova 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 BY AN
ENTRANT TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THE
SWEEPSTAKES OR THE SITE MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND
SHOULD SUCH AN ATTEMPT BE MADE, IMAGINOVA RESERVES THE RIGHT TO SEEK
DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
5. RELEASE AND INDEMNIFICATION: BY PARTICIPATING IN THIS SWEEPSTAKES, ENTRANTS AGREE (A) TO BE
BOUND BY THE OFFICIAL RULES AND THE DECISION OF THE JUDGES, AND (B) TO
RELEASE, INDEMNIFY AND HOLD HARMLESS IMAGINOVA, FOX, AND THEIR RESPECTIVE
AFFILIATES, DIRECTORS AND OFFICERS, AND EMPLOYEES FROM ALL LIABILITY,
CLAIMS, OR DAMAGES ARISING OUT OF OR RELATED TO, DIRECTLY OR INDIRECTLY,
THEIR PARTICIPATION AND/OR THEIR ACCEPTANCE, POSSESSION, USE OR MISUSE OF
ANY PRIZE AWARDED.
6. DISCLAIMERS; LIMITATION OF LIABILITY: No responsibility is assumed by
Imaginova or the Sweepstakes Entities for lost, late, incomplete,
misdirected, inaccurate, incorrect, corrupted or unusable entries;
incorrect or inaccurate online or printed information relating to the
Sweepstakes (including typographical errors); any computer, telephone,
cable, network, satellite, server, service provider, electronic, power, or Internet or other hardware or software malfunctions, failures, connections or availability; or
unauthorized human intervention. Although Imaginova and the Sweepstakes
Entities attempt to ensure the integrity of the Sweepstakes, neither
Imaginova nor the Sweepstakes Entities are 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. Neither Imaginova nor
the Sweepstakes Entities are 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 using the
Site. If, for any reason, the Sweepstakes is not capable of running
as planned for any reason, Imaginova reserves the right 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, as applicable,
in accordance with these Official Rules. IN NO EVENT WILL Imaginova OR 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 the SWEEPSTAKES, ANY ACCESS TO AND/OR USE OF
THE SITE, OR THE ACCEPTANCE, POSSESSION, USE OR MISUSE OF ANY PRIZE AWARDED
IN CONNECTION WITH THE SWEEPSTAKES. Any action against Imaginova in
connection with or related to these Sweepstakes must be brought within one
(1) year after the cause of action arises.
7. GOVERNING LAW: The substantive laws (as distinguished
from the choice of law rules) of the State of New York applicable to
contracts made and performed entirely in that state shall govern (a) the
validity and interpretation of these Official Rules; (b) the performance by
entrant and the Sweepstakes Entities of their respective obligations
hereunder; and (c) all other causes of action (whether sounding in contract
or in tort) arising out of or relating to the Sweepstakes.
8. MISCELLANEOUS: The failure of Imaginova to
exercise or enforce any right or provision of these Official Rules shall
not constitute a waiver of such right or provision. If any provision
contained in these Official Rules is found by a court of competent
jurisdiction to be unlawful, invalid, or for any reason unenforceable, the
parties nevertheless agree that portion shall be construed consistent with
applicable law as nearly as possible to reflect the original intention of
Imaginova and that provision of these Official Rules shall be deemed
severable and shall not affect the validity and enforceability of any
remaining provisions.
9. WINNERS LIST: The list of Winners will be
posted on the Site on or about April 3, 2007. The Winners list may
also be obtained by sending a self-addressed, stamped envelope to:
"Telescope Envy Sweepstakes Winner List", c/o Imaginova Corp., 470 Park Avenue South, 9th Floor New York, NY 10016.
10. SPONSORS: The Sponsors of this
Sweepstakes are Fox Home Video and Imaginova Corp.
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