NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE OF ANY KIND WILL NOT IMPROVE YOUR CHANCE OF WINNING. ODDS OF WINNING WILL DEPEND ON THE TOTAL NUMBER OF ELIGIBLE ENTRIES RECEIVED. VOID WHERE PROHIBITED BY LAW. AFFIDAVIT OF ELIGIBILITY AND LIABILITY/PUBLICITY RELEASE MAY BE REQUIRED.
1. Eligibility/Entries. The ICE.com "Ghosts of Girlfriends Past" Sweepstakes (the "Sweepstakes") is open only to legal residents of the fifty (50) United States or the District of Columbia (except residents of the State of Rhode Island) eighteen (18) years of age or older and who have reached the age of majority in the State in which they reside (which is eighteen (18) in most states but is nineteen (19) in Alabama and Nebraska and twenty-one (21) in Mississippi), as of the date of entry. Employees of ICE.com ("Sponsor"), Diamond.com, Delmar International, New Line Productions, Inc. and Warner Bros. Entertainment, Inc. and each of their respective affiliates, subsidiaries, parent companies, advertising and promotion agencies, distributors and any entities involved in the creation, development, administration or fulfillment of this Sweepstakes (collectively, the "Promotion Entities") and each of their immediate families (spouses, domestic partners, parents, grandparents, siblings, children and grandchildren and their respective spouses, regardless of where they reside) and those living in the household of same (whether related or not) are not eligible to enter or win. Sweepstakes is subject to all applicable federal, state and local laws.
2. Grand Prize. One (1) "Grand Prize" will be awarded to the "Winner" in this Sweepstakes, consisting of 1/10 Carat Diamond 14K Two Tone Gold Pendant w/Chain (Sponsor style no.: PDF 018484). The total approximate retail value ("ARV") of the Grand Prize is Three Hundred and Fifty dollars ($350 USD). Prizes are non-transferable, with no cash redemptions, equivalents or substitutions except at Sponsor’s sole and absolute discretion. Prize details and availability are subject to change, and in the event that Sponsor is unable to provide the Winner with the Prize(s), the Sponsor may elect, at the Sponsor’s sole and absolute discretion, to provide Winner(s) with the approximate value of such item in cash or award an alternate prize of comparable or greater value. All Prizes are awarded "AS IS" and without warranty of any kind, express or implied (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose).
The Winner will be solely responsible for all federal, state and/or local taxes, and for any other fees or costs associated with the Prize(s) they receive. The stated ARV of the Grand Prize is based on available information provided to Sponsor and the value of the Grand Prize awarded to the Winner may be reported for tax purposes as required by law. The Winner must provide Sponsor with a valid social security number before the Grand Prize will be awarded for tax reporting purposes. An IRS Form 1099 may be issued in the name of Winner for the actual value of the Grand Prize.
3. How to Enter. The Sweepstakes begins on or about 7:00 a.m. Eastern Standard Time ("EST") on April 23, 2009 and ends at 5:00 p.m. EST on May 29, 2009 (the "Sweepstakes Period"). There are two (2) separate ways to enter the Sweepstakes during the Sweepstakes Period; provided, however, there is a maximum of one (1) entry permitted per person regardless of the method of entry:
(i) Online Entry. During the Sweepstakes Period, you may enter the Sweepstakes by visiting the website located at www.ice.com ("Website"). The Website will contain a description of the Sweepstakes and a link to the official entry form. Complete the entry form with entrant’s first and last name, gender, date of birth and e-mail address in the indicated fields on the entry form and click the "submit" button. Any other form of Internet entry is void and may NOT be accepted. Without limiting the foregoing, use of automated, programmed or like on-line entry method is prohibited. Any person who attempts to participate with multiple email and/or street addresses, under multiple identities, or uses any device or artifice to enter multiple times may be disqualified. In case of dispute, on-line entries will be declared made by the authorized account holder of the email address submitted at the time of entry. "Authorized account holder" is defined as the natural person who is assigned to an email address by an Internet access provider, on-line service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address. Proof of identity of the Authorized account holder may be required. Online entries must be received no later than 5:00 p.m. EST on May 29, 2009. Sponsor’s Website shall be the official timekeeper for purposes of the Sweepstakes. YOUR PROVISION OF PERSONAL INFORMATION ON THE WEBSITE IS SUBJECT TO THE ICE.COM PRIVACY POLICY, WHICH CAN BE FOUND AT http://www.ice.com/common/privacy_policy.jsp and may be used for direct marketing purposes; IF YOU DO NOT FULLY AGREE TO THE TERMS OF THE PRIVACY POLICY OR DO NOT WANT TO RECEIVE DIRECT MARKETING MATERIALS, DO NOT PROVIDE ANY PERSONAL INFORMATION ON THE WEBSITE OR ENTER THE SWEEPSTAKES ON-LINE. INSTEAD USE THE MAIL-IN METHOD OF ENTRY DESCRIBED BELOW.
(ii) Mail-In Entry. Alternatively, if you do not wish to enter online and submit to Sponsor’s Privacy Policy, please enter the Sweepstakes via postal mail. To do so, please hand print and fill out a 3x5 card labeled “Ice.com Sweepstakes Mail-in Entry” with your full name, complete address including zip code (no P.O. Boxes), daytime phone number, date of birth and e-mail address (if you have one) (all of which must be legible) and mail in a first class, business size (#10) postage paid envelope to: ICE.com, "Ghosts of Girlfriends Past" Sweepstakes, P.O. Box 3663, Champlain, NY 12919-3663. Mail-in entries must be postmarked no later than May 29, 2009 and received no later than 5:00 p.m. EST on June 2, 2009. To protect your privacy, we recommend that you send the 3" x 5" postcard to Sponsor in an envelope. Sponsor will not use personal information obtained through a mail-in entry for direct marketing or other purposes, except in connection with the operation, administration and prize fulfillment of the Sweepstakes.
By submitting an entry to the Sweepstakes, all entrants are affirming their agreement to the Official Rules. Limit one (1) entry (of any kind) per individual.
4. Awarding Grand Prize/Winner Notification. One (1) Winner will be selected by Sponsor from among all eligible online and U.S. postal mail entries received on or around June 5, 2009. The Grand Prize will be delivered to the confirmed Winner on or about June 12, 2009. If the potential Winner entered online, he/she will be contacted by e-mail ONLY at the e-mail address provided when entering. If the potential Winner entered via postal mail, he/she may be contacted at the email address included on his/her 3”x5” card, but, if an email address was not included on his/her 3”x5” card, he/she will be notified by mail and/or phone. The selected entrant may be required to sign an Affidavit of Eligibility, a Liability Release and Publicity Release ("Affidavit or Eligibility and Liability/Publicity Release"), to be returned within seven (7) days of date indicated on Grand Prize notification materials. If any potential Winner fails or refuses to sign and return such Affidavit or Eligibility and Liability/Publicity Release within seven (7) days of the first (1st) notification attempt or if the Grand Prize or Grand Prize notification is returned as unclaimed or undeliverable to such potential Grand Prize Winner, such potential Grand Prize Winner (in Sponsor’s sole discretion) may be disqualified and an alternate may (in Sponsor’s sole discretion) be selected. If any potential Grand Prize Winner is found to be ineligible, or if he or she has not complied with these Official Rules, he or she may be disqualified in Sponsor’s sole discretion, and an alternate potential Grand Prize Winner may then, in Sponsor’s sole discretion, be randomly selected from all remaining eligible entries. Sponsor is not responsible for and shall not be liable for late, lost, damaged, intercepted misdirected, or unsuccessful efforts to notify the potential Winner. When the potential Winner is contacted, he/she will have a stated period of time within which to respond to the notification, or he/she will be disqualified and his/her prize forfeited, and an alternate potential Winner may be selected.
5. Name; Likeness Release. Subject to applicable law, by accepting the Grand Prize, Winner authorizes Sponsor to use and publish (and/or otherwise use for purposes of publicity/advertising/trade/promotion) his/her name, address (city, state), photograph, picture, voice and likeness in any and all media now or hereafter known, worldwide, without additional compensation, notification, permission or limitation of any kind. Entrants agree not to issue any publicity concerning Sponsor.
6. General. By participating, entrant agrees to abide by and be bound by these "Official Rules" and the decisions of Sponsor, including the interpretation of the Official Rules, which are final and binding in all respects. All applicable federal, state, and local taxes apply. Entrants who do not comply with these Official Rules, or attempt to interfere with the Sweepstakes in any way, may be disqualified. Entrants and the Grand Prize Winner agree to release, defend, indemnify and hold harmless the Promotion Entities and their respective officers, employees, directors, parent and related companies, affiliates, subsidiaries, participating theatres, agencies and any other companies participating in the design, administration or fulfillment of the Sweepstakes (collectively, “Released Parties”) from liability of any kind or nature for any injuries, damages or losses of any kind or any other costs or expenses resulting from participation in this Sweepstakes, or acceptance, possession or use, misuse or awarding of a prize or parts thereof, including, without limitation, any injury, damage death, loss or accident to person or property.
The Released Parties are not responsible for any printing, typographical, mechanical, human or other errors in these Official Rules, in the administration of the Sweepstakes, in the announcement of the Grand Prize Winner, and/or in any advertising or other associated promotional materials in connection with the Sweepstakes. Further, the Released Parties are not responsible for technical, hardware, software, electronic, network, telephone or other communications malfunctions, errors or failures of any kind, errors in transmission, lost or unavailable network connections, telephone connections, dropped dial-up internet connections, interrupted broadband, cable, or wireless internet connections, cell phone dropped calls, unauthorized human intervention, traffic congestions, incomplete or inaccurate capture of entry information (regardless of cause) or failed, incomplete, garbled, jumbled or delayed transmissions which may limit or restrict an entrant’s ability to enter the Sweepstakes, including any injury or damage to participant’s or any other person’s phone or other electronic computing or telephone equipment, or other matter relating to or resulting from participation in this Sweepstakes. Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify, extend or suspend this Sweepstakes should any virus, bugs, non-authorized human intervention, fraud or other causes beyond its reasonable control corrupt or affect the administration, security, fairness, operation or proper conduct of the Sweepstakes. If, for any reason, the Sweepstakes is not capable of running as planned by reason of, but not limited to, infection by computer virus, worms, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which Sponsor, in its sole opinion, deems could corrupt or affect the administration, security, fairness, integrity or proper conduct of the Sweepstakes, Sponsor reserves the right at its sole discretion to cancel, modify or suspend the Sweepstakes and select the winner from all eligible entries received prior to and/or after (as appropriate) the action taken by Sponsor. In such event, notice will be posted on the Website. Sponsor is not responsible for any incorrect or inaccurate information, whether caused by web site users, tampering, hacking, or by any of the equipment or programming associated with or utilized in the Sweepstakes. Sponsor reserves the right, at its sole discretion, to disqualify any individual it finds, in its sole discretion, to be tampering with the Sweepstakes or the Website or to be acting in violation of these Official Rules. ANY PERSON ATTEMPTING TO DEFRAUD SPONSOR OR IN ANY WAY TAMPER WITH, DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE DISQUALIFIED AND MAY BE SUBJECT TO CIVIL AND/OR CRIMINAL PROSECUTION.
7. Odds. Odds of winning depend on the total number of eligible entries received.
8. Governing Law. Except where prohibited, participants agree that: (a) any and all disputes, claims, and causes of action arising out of or connected with this Sweepstakes, the Grand Prize or the selection of the Winner, shall be resolved individually, without resort to any form of class action, and (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in this Sweepstakes but in no even attorneys' fees; and (c) under no circumstances will participant be permitted to obtain awards for and participant hereby waives all rights to claim punitive, incidental and consequential damages or any other damages other than for actual out-of-pocket expenses, and participant further waives any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, the Affidavit of Eligibility and Liability/Publicity Release, or the rights and obligations of participant and/or Promotion Entities in connection with this Sweepstakes, shall be governed by, and construed in accordance with, the laws of the STATE OF NEW YORK without regard for conflicts of law doctrine of any jurisdiction.
9. Dispute Resolution. The parties agree that any disputes arising out of these Official Rules shall be submitted to final, binding arbitration conducted in Clinton County, New York under the Arbitration Rules and Procedures of the Judicial Arbitration and Mediation Services Inc. before a single, neutral arbitrator who is a former or retired New York state or federal court judge with experience in entertainment matters who shall follow New York law and the Federal Rules of Evidence and have no authority to award punitive damages. Either party may enforce a final arbitration award in any court of competent jurisdiction in Clinton County, including an award of costs, fees and expenses incurred in enforcing the award. Notwithstanding the foregoing, Released Parties shall be entitled to seek injunctive relief (unless otherwise precluded by any other provision of these Official Rules) in the state and federal courts of Clinton County. Any dispute or portion thereof, or any claim for a particular form of relief (not otherwise precluded by any other provision of these Official Rules), that may not be arbitrated pursuant to applicable state or federal law may be heard only in a court of competent jurisdiction in Clinton County.
10. Winner’s List. The name of the Winner may be obtained by sending an e-mail to info@ice.com within sixty (60) days after the drawing date of the Sweepstakes.
11. Sponsor. ICE.com, 1083 State Route 9, Champlain, NY 12919. New Line Productions, Inc., Warner Bros. Entertainment, Inc., and each of their parents, affiliates and subsidiaries, are not responsible for the promotion, administration or execution of this Sweepstakes.
//End of Official Rules//
Ghosts of Girlfriends Past TM © MMIX New Line Productions, Inc. All Rights Reserved.
