Engadget's Back to School Giveaway (Part 3)
No Purchase Required to Enter or Win
Eligibility: Engadget's Back to School Giveaway (Part 3) (the "Giveaway") is open only to individuals who are legal residents of the fifty (50) United States (including the District of Columbia) and Canada (excluding Quebec) who are 18 years of age or older. Employees of Weblogs Inc. LLC, AOL LLC, their advertising or promotion agencies, those involved in the production, development, implementation or handling of Giveaways, any agents acting for, or on behalf of the above entities, their respective parent companies, officers, directors, subsidiaries, affiliates, licensees, service providers, prize suppliers any other person or entity associated with the Giveaways (collectively "Giveaway Entities") and/or the immediate family (spouse, parents, siblings and children) and household members (whether related or not) of each such employee, are not eligible. All U.S., federal, state and local and Canadian federal, provincial, and municipal laws and regulations apply. Void in Quebec, Puerto Rico and where prohibited by law. Sponsor: The Giveaway is sponsored by Weblogs Inc. LLC, 770 Broadway, New York, NY 10003 ("Sponsor").
Agreement to Official Rules: Participation in the Giveaway constitutes entrant's full and unconditional agreement to and acceptance of these Official Rules and the decisions of the Sponsor, which are final and binding. Winning a prize is contingent upon fulfilling all requirements set forth herein. Entry Period: The Giveaway begins at 12:00 pm ET on September 14, 2009 and ends at 11:59 pm ET on September 18, 2009 (the "Entry Period"). Entries received prior to or after the Entry Period will not be accepted. Entry: During the Entry Period, go to https://www.engadget.com/2009/09/09/engadgets-back-to-school-giveaway-part-3/ and follow the instructions to submit your entry. Limit one (1) entry per person. Subsequent entries from the same person will be deleted. The use of any agencies or automated software to submit entries will void all entries submitted by that person. Drawing: On or about September 21, 2009, Sponsor will select the name of one (1) Grand Prize Winner in a random drawing of all eligible entries received during the Entry Period. The odds of being selected as the potential winner depend on the number of eligible entries received during the Entry Period. Potential Winner will be contacted via email and asked to provide their full name, age and mailing address within a specified time period. If a potential winner does not respond within the timeframe stated in the notification email, the Sponsor may select an alternate potential winner in his/her place at random from all entries received during the Entry Period. Requirements of the Potential Winner: Except where prohibited, the potential winner will be required to complete and return an affidavit of eligibility and liability/publicity release (the "Affidavit/Release") and IRS W-9 form within seven (7) days of being notified. If a potential winner fails to sign and return the Affidavit/Release and W-9 form within the required time period, an alternate entrant may be selected in his/her place in a random drawing of all entries received. Acceptance of a prize constitutes consent to use winner's name and likeness for editorial, advertising and publicity purposes without additional compensation, except where prohibited by law. In the event the potential winner of any prize is a Canadian resident, he/she will also be required to correctly answer a time-limited mathematical question to be administered by email, mail or phone to receive the prize. Prize: One (1) Grand Prize Winner will receive a Back to School Prize Pack containing the following items (including the Approximate Retail Value "ARV" of each): Sony DSC G3 camera (ARV: $499.99); MyTouch 3G phone (activation/monthly service fees not included) (ARV: $199.95); iHome iP9 dock (ARV: $99.99); incase Backpack (ARV: $99.95); incase neoprene sleeve (ARV: $34.95); Lenovo IdeaPad s10 (ARV: $339.00); Samsung SCX-4500W printer (ARV: $349.95); Sony Touch reader (ARV: $299.95); and Microsoft Office Home and Student (ARV: $149.95). Approximate Retail Value of Grand Prize is $2,073.68. No cash or other substitution may be made, except by the Sponsor, who reserves the right to substitute a prize with another prize of equal or greater value if the prize is not available for any reason as determined by the Sponsor in its sole discretion. Winner is responsible for any taxes and fees associated with receipt or use of a prize. General Conditions: In the event that the operation, security, or administration of the Giveaway is impaired in any way for any reason, including, but not limited to fraud, virus, or other technical problem, the Sponsor may, in its sole discretion, either: (a) suspend the Giveaway to address the impairment and then resume the Giveaway in a manner that best conforms to the spirit of these Official Rules; or (b) award the prize at random from among the eligible entries received up to the time of the impairment. The Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Giveaway or to be acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner. Any attempt by any person to undermine the legitimate operation of the Giveaway may be a violation of criminal and civil law, and, should such an attempt be made, the Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. The Sponsor's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. In case of a dispute as to the owner of an entry, entry will be deemed to have been submitted by the authorized account holder of the screen name from which the entry is made. The authorized account holder is defined as the natural person who is assigned to an e-mail address by an Internet access provider, online service provider, or other organization responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. Release and Limitations of Liability: By participating in the Giveaway, entrants agree to release, defend indemnify and hold harmless the Giveaway Entities from and against any claim or cause of action, including without limitation, any third party claim, arising out of participation in the Giveaway or receipt, use or misuse of any prize, including, but not limited to: (a) unauthorized human intervention in the Giveaway; (b) technical errors related to computers, servers, providers, or telephone or network lines; (c) printing errors; (d) lost, late, postage-due, misdirected, or undeliverable mail; (e) errors in the administration of the Giveaway or the processing of entries; or (f) injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant's participation in the Giveaway or receipt, use or misuse of any prize. Entrant further agrees that in any cause of action, the Giveaway Entities' liability will be limited to the cost of entering and participating in the Giveaway, and in no event shall the Giveaway Entities be liable for attorney's fees. Entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PRIZE AND ALL ELEMENTS THEREOF ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. SPONSOR DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND/OR NON-INFRINGEMENT. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
Disputes: Except where prohibited, entrant agrees that any and all disputes, claims and causes of action arising out of, or connected with, the Giveaway or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in the Commonwealth of Virginia. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, entrant's rights and obligations, or the rights and obligations of the Sponsor in connection with the Giveaway, shall be governed by, and construed in accordance with, the laws of the Commonwealth of Virginia, without giving effect to any choice of law or conflict of law rules (whether of the Commonwealth of Virginia or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the Commonwealth of Virginia. Giveaway Results: To request the name of the winner, send a self-addressed stamped envelope to Engadget Back to School Part 3 Winner's List, Engadget.com Attn: J. Fruhlinger, AOL Tech, 770 Broadway, New York, NY 10003. Requests must be received by September 30, 2009.
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