MyPoints "Home for the Holidays Giveaway"
OFFICIAL RULES
NO PURCHASE NECESSARY.
THIS SWEEPSTAKES IS OFFERED ONLY IN THE 50 STATES OF THE U.S. D.C., AND CANADA (EXCLUDING QUEBEC) AND IS INTENDED FOR PARTICIPATION IN THOSE AREAS ONLY.
VOID IN THE PROVINCE OF QUEBEC, GUAM, PUERTO RICO AND ALL OTHER U.S. TERRITORIES AND POSSESSIONS, AND WHERE PROHIBITED BY LAW.
PURCHASE OR ACCUMULATION OF REWARD POINTS DOES NOT IMPROVE ONE'S CHANCE OF WINNING.
- Sweepstakes Description: The MyPoints "Home for the Holidays Giveaway" ("Sweepstakes") begins on October 1, 2008 at 12:01 a.m. Pacific Time ("PT") and ends on December 24, 2008 at 11:59 p.m. (PT) ("Sweepstakes Period"). Pacific Time shall control for all purposes of this Sweepstakes. This Sweepstakes consists of eighty-five (85) daily Sweepstakes ("Daily Giveaway(s)"), one (1) grand prize Sweepstakes ("Grand Prize Giveaway") and one (1) overall Sweepstakes ("Overall Sweepstakes"). If a potential participant is not already a member of MyPoints.com, he/she must complete member registration on the Web Site and provide the following information: First Name, Last Name, Email Address, Date of Birth, Zip/Postal Code, Gender and choice of Password (collectively, "Registration Information"). Once member registration is complete, follow the instructions as stated above. There is no fee to register. All Registration Information must be completed in full. Failure to provide all Registration Information will result in an invalid MyPoints registration. Sponsor's computer shall be the official clock for purposes of the Sweepstakes.
- Eligibility: The Sweepstakes is only open to permanent legal residents of the 50 states of the U.S., Washington D.C. (excluding Guam, Puerto Rico, and all other U.S. territories and possessions) and Canada (excluding the province of Quebec) who are physically located therein, who are 18 years of age or older as of the date of his/her entry, and who are members of MyPoints.com in good standing. If a participant is a resident of a jurisdiction that deems him/her to be a minor (residents of Alabama or Nebraska between 18-19 years of age or residents of Pennsylvania or Mississippi who are between 18-21 years of age), he/she must obtain parental/legal guardian consent prior to entering or submitting any personally identifiable information. Employees of MyPoints.com, Inc. ("Sponsor"), United Online, Inc., NetZero, Inc., NetZero Voice, Juno Online Services, Classmates.com, PhotoSite, MySite.com, PrivatePhone, Sweepstakes administrator, their advertising or promotion agencies, those involved in the production, design, printing, development, implementation or handling of the Sweepstakes, prize suppliers, merchant participants, any agents acting for, or on behalf of the above entities, their respective parent, subsidiary, and related companies, officers, directors, subsidiaries, affiliates, licensees, service providers, any other person or entity associated with the Sweepstakes (collectively "Sweepstakes Entities"), members of their immediate families (spouses, children, siblings, parents), and/or persons living in the same household as such persons, whether or not related, are ineligible to participate in the Sweepstakes.
- How to Enter: To participate as a registered member of MyPoints.com, participant must first visit http://www.mypoints.com ("Web Site") and log in with his/her email address and password ("Entrant").
To enter the Grand Prize Giveaway, Entrant must select and click on any of the participating retailers once he/she is logged in to his/her account; then make a purchase from his/her chosen participating retailer(s). Once purchase(s) is complete, Entrant will receive one (1) entry into the Grand Prize Giveaway ("Grand Prize Entry"). Grand Prize Entries must be received by 11:59 p.m. (PT) on December 24, 2008. Limit up to ten (10) Grand Prize Entries per person/member/email address during the Sweepstakes Period. To enter the Grand Prize Giveaway without making a purchase, Entrant must legibly handprint his/her First Name, Last Name, Address (no P.O. Boxes), City, State/Province, Zip/Postal Code, Daytime Phone Number (including area code), Date of Birth, and include the Email Address member's MyPoints account is registered under on a standard sized postcard (no larger than 5" x 7"), and mail to: MyPoints "Home for the Holidays Giveaway"- GP Mail Entry, MyPoints, Attn: K. Baird, 525 Market Street, Suite 3400, San Francisco, CA 94105 ("GP Mail Entry"). Each GP Mail Entry must be mailed separately and must be received by December 29, 2008. By sending in an eligible GP Mail Entry, Entrant will receive ten (10) Entries into the Grand Prize Giveaway and Overall Sweepstakes. All GP Mail Entry information must be completed in full.
To enter a Daily Giveaway, Entrant must complete any one (1) or more of the following actions between the hours of 12:01 a.m. PT and 11:59 p.m. PT that same calendar day ("Gift Card Entry"): 1) visit the MyPoints.com Web Site and login (one (1) entry per Daily Giveaway); 2) click on up to two (2) featured web offers (up to two (2) entries per Daily Giveaway); 3) create a MyList (one (1) entry into the current Daily Giveaway/entire Sweepstakes Period); 4) create a free game account (one (1) entry into the current Daily Giveaway/entire Sweepstakes Period); 5) play a free game (one (1) entry per Daily Giveaway); 6) refer up to five (5) friends (one (1) entry per friend) for a maximum of five (5) entries into the current Daily Giveaway/Sweepstakes Period); and 7) download the MyPoints toolbar and conduct a first search (one (1) entry into the current Daily Giveaway/ Sweepstakes Period). Gift Card Entries must be received by 11:59 p.m. (PT on December 24, 2008. For Refer a Friend Entries, Entrant may only submit an email address from someone with whom he/she has an existing relationship, knows personally, knows that an email sent from the Sponsor(s) would not be considered spam to his/her friend, and who meets the eligibility requirements for the Sweepstakes as described above. To enter a Daily Giveaway without: 1) playing a free game (for one (1) entry per Daily Giveaway); 2) downloading the MyPoints toolbar and search (for one (1) entry into the current daily giveaway/ Sweepstakes Period); or 3) referring a friend (for one (1) entry per friend) for a maximum of five (5) entries into the current Daily Giveaway/Sweepstakes Period), then Entrant can mail his/her applicable postcard by completing the following: Entrant must legibly handprint a specific Daily Giveaway date he/she chooses to enter during the Sweepstakes Period and entry type by choosing one or more of the following: (Alternate Free Game Play Entry), (Alternate Tool Bar & Search Entry), or (Alternate Refer-A-Friend Entry); then legibly handprint his/her First Name, Last Name, Address (no P.O. Boxes), City, State/Province, Zip/Postal Code, Daytime Phone Number (including area code), Date of Birth and the Email Address member's MyPoints account is registered under on a standard sized postcard (no larger than 5" x 7"), and mail to the following address: MyPoints "Home for the Holidays Giveaway" MyPoints, Attn: K. Baird, 525 Market Street, Suite 3400, San Francisco, CA 94105 (collectively "Alternate Gift Card Entries"). Alternate Gift Card Entries must be mailed separately be received by December 29, 2008. All Alternate Gift Card Entry information must be completed in full. Limit up to up to three-hundred-forty-eight (348) Gift Card Entries per person/member/email address during the Sweepstakes Period.
All eligible Grand Prize Entries, GP Mail Entries, Gift Card Entries and Alternate Gift Card Entries (collectively "Entries") will be combined for the Overall Sweepstakes drawing. Opting in to specific offers, purchases and the accumulation of reward points does not improve one's chances of winning. Participants can only register and participate in the Sweepstakes under one U.S. or Canadian based email address and any email address from another country will be disqualified. Once an email address has been registered by a member/participant, that email address cannot be used by any other member/person for the Sweepstakes (or to register at Web Site). Only the account holder registered under a particular email address may participate in the Sweepstakes. Proof of submitting or receipt of an Entry of any kind will not be deemed by Sponsor as proof of receipt by Sponsor. Grand Prize and Gift Card Entries by the same person in excess of the limits stated herein will be disqualified. Any attempted form of participation in the Sweepstakes other than as described herein is void. - Prizes/Odds of Winning: Four (4) Grand Prizes: Each grand prize winner will receive a cash award of $25,000 awarded in the form of check made out to the name of the grand prize winner (or his/her parent legal guardian if he/she is a minor in his/her state jurisdiction) (Approximate Retail Value ("ARV") $25,000 each USD) ("Grand Prize"). Eighty-five (85) Daily Prizes (one per day for eighty-five (85) days): Each daily prize winner will be awarded a one-hundred dollar ($100) Gift Card (ARV $100 each USD) ("Daily Prize"). One (1) Overall Prize: Overall prize winner will receive a $25 Gift Card (ARV $25 each USD) ("Overall Prize"). Total ARV of all prizes $108,525. Odds of winning a Grand Prize depends on the number of Grand Prize Entries and GP Mail Entries received during the Sweepstakes Period. Odds of winning a Daily Prize depends on the total number of eligible Gift Card Entries and Alternate Gift Card Entries received for that calendar day. Odds of winning the Overall Prize depends on the total number of Grand Prize Entries, Alternate GP Entries, Gift Card Entries and Alternate Gift Card Entries received during the entire Sweepstakes Period. Limit one (1) Daily Prize per person/email address and limit one (1) Grand Prize per person/email address/family/household. All monetary values are expressed herein are U.S. Dollars. All other costs associated with accepting, redeeming and using a prize (including but not limited to overages and taxes) are the sole responsibility of each winner. All federal, state, provincial or other tax liabilities arising from prizes will be the sole responsibility of each winner. Prize(s) and prize notifications will be shipped to U.S., D.C., or Canada (excluding the province of Quebec) addresses only. Visa Gift Cards cannot be exchanged/redeemed for cash or combined with any other offer and is subject to activation and expiration requirements, maintenance fees and/or stated terms and conditions. If a winner is a resident of a jurisdiction that deems him/her to be a minor, prize(s) will be awarded in the name of his/her parent/legal guardian. No substitution, transfer, or redemption of prize(s) for cash, except that Sponsor, at its sole discretion, may substitute a prize for one of equal value for any reason. Once a winner has received his/her Gift Card, Sponsor will not replace any lost or stolen Gift Cards. Grand Prize winners will receive an IRS form 1099 from the Sponsor for the total ARV of prize(s) (stated herein) that he/she won in the calendar year that he/she won. If a winner cannot or does not accept his/her prize(s) as stated in these Official Rules, prize(s) will be forfeited in its entirety, and awarded to an alternate winner. Any depictions of prize(s) are for illustrative purposes only. Sweepstakes administrator is not the supplier or guarantor of any prize(s).
- Drawing and Notification of Winners: Potential Daily Giveaway winners will be randomly selected in a series of drawings starting on or about October 7, 2008 from among all eligible Entries received for that particular daily drawing conducted by Sponsor and/or Sweepstakes administrator, an independent compliance organization. Subsequent daily drawings will be conducted the following day thereafter (from October 7, 2008) for that Daily Sweepstakes or next business day after a weekend or holiday. Sweepstakes administrator will conduct the Grand Prize drawing and Overall Prize drawing on or about January 30, 2009. Grand Prize Entries and GP Mail Entries are only eligible for the Grand Prize Giveaway drawing and the Overall Sweepstakes drawing. Gift Card Entries and Alternate Gift Card Entries will only be used for that applicable specific Daily Giveaway drawing and will not be retained for subsequent Daily Giveaway drawings. All eligible Entries received will be combined and included in the Overall Sweepstakes drawing. All winners (or, if a resident of a jurisdiction that deems him/her to be a minor, his/her parent or legal guardian) will be notified either by telephone (if a telephone number was provided), mail or email of his/her potential winner status using the information provided on his/her MyPoints member account within approximately five (5) days of the drawing date. Winners will be required to either respond to the prize notification email (if applicable) or answer his/her telephone within three (3) business days or his/her Entry will be disqualified, his/her prize forfeited and an alternate potential winner may be selected. If a Daily Prize winner or Overall Prize winner has provided his/her complete mailing address on his/her MyPoints account, he/she may not be telephoned or emailed and notification will come by mail along with his/her applicable prize. If a potential winner cannot be reached after a reasonable effort has been exerted, if he/she is found to be ineligible, if he/she cannot or does not comply with these Official Rules, if his/her email prize notification is returned as undeliverable, if his/her prize is returned, or he/she does not reply to the email prize notification or answer the telephone within the specified date and time, such potential winner will be disqualified and an alternate potential winner may be selected at Sponsor's sole discretion. MyPoints members are solely responsible for updating Registration Information for his/her member account.
- General Conditions: The Sweepstakes is subject to these Official Rules and all applicable federal, state, provincial and local laws (collectively "Rules and Laws"). Potential winner (his/her parent/legal guardian, if potential winner is a resident of a jurisdiction that deems him/her a minor) will be required to complete an Eligibility Questionnaire by telephone conducted by the Sweepstakes administrator within the time period stated above. If a Canadian resident is selected as a potential winner, he/she must correctly answer a time based, mathematical skill-testing question administered by telephone to be eligible for any prize. Selected Entrant(s) is deemed to be a potential winner until his/her eligibility is verified in accordance with these Official Rules and status of his/her MyPoints account is verified to be in good standing. Each potential Grand Prize winner (or his/her parent/legal guardian, if a resident of a jurisdiction that deems him/her to be a minor) will be required to sign, execute, have notarized, and return an Affidavit of Eligibility, a Liability Release, and (where legal) a Publicity Release, an IRS Form W-9, and any other documentation that the Sweepstakes administrator and/or Sponsor may require (collectively "Affidavit/Release"), within five (5) days after receipt, or such potential Grand Prize winner may be disqualified, and an alternate potential Grand Prize winner may be selected at Sponsor's sole discretion. By returning a completed Affidavit/Release, such winner (or his/her parent/legal guardian, if a resident of a jurisdiction that deems him/her to be a minor) attests to the provisions stated therein including compliance with these Official Rules. Any personal information supplied by participants to Sponsor or its affiliates will be subject to Sponsor's Privacy Policy located at http://www.mypoints.com/emp/u/pp.vm#privacy. Thus, except where prohibited by law and Sponsor's Privacy Policy: (1) entry and/or winner's (parent/legal guardian, if winner is a minor) acceptance of a prize constitutes permission for the Sweepstakes Entities to use winner's name, address (city and state/province), photo, likeness, biographical information, statement and voice for advertising/publicity purposes worldwide and in all forms of media (including posting on Web Site), in perpetuity, without further notice to or compensation in connection with said Sweepstakes or the prize(s) awarded and (2) Sponsor has the right to modify, edit, adapt, electronically alter, use, assign and/or dispose of such Entries however it sees fit and for any purpose without any notice or compensation to participant or any third parties. By submitting an Entry and/or Registration Information, participant confirms the accuracy and veracity of the statements and information contained therein. Entrants also agree to be bound by the Official Rules and decisions of Sponsor and/or Sweepstakes administrator, which are final and binding in all respects, and waive any right to claim any ambiguity in these Official Rules or Sweepstakes materials. Submitted Entries become the sole property of Sponsor and will not be acknowledged or returned.
- Additional Terms and Disclaimers: Sweepstakes Entities are not responsible or liable for member and/or Registration Information and/or Entries that are entered by other than human means (such as by an automated computer program or any non-human mechanism, entity, or device), in excess of the stated limits, or for Entries that are illegible, incorrect, inaccurate, destroyed, incomplete, lost, misdirected, deleted, forged, damaged, tampered with, or otherwise not in compliance with these Official Rules and all such Entries will be disqualified. If, for any reason, this Sweepstakes is not capable of running as originally planned, including without limitation, if fraud, misconduct or technical failures destroy the integrity of the Sweepstakes; or if problems occur with receiving Registration Information, Entry information, Entries, tampering or infection by computer virus, computer game programming, game technical problems, disputes over game play, or any combination thereof, Sponsor at its sole discretion, reserves the right to cancel, suspend or modify the Sweepstakes and conduct any or all of the drawings from all salvageable and eligible Entries received for that particular drawing prior to and/or after (as appropriate) the action taken by Sponsor. Any person attempting to forge or tamper with the Sweepstakes or otherwise defraud Sponsor will be prosecuted to the full extent of the law and will be ineligible to win a prize. By participating, participants (if a minor, his/her parent/legal guardian) agree to release, discharge and hold harmless Sweepstakes Entities from losses/injuries of any kind, including personal injury and/or death, resulting from participation in the Sweepstakes, including but not limited to disputes; acceptance/possession, use/misuse of any prize by winner; delivery delays of prize(s); human error; incorrect or inaccurate transcription of Entry(s)/Member/Account/Registration Information; any technical malfunctions of the telephone network, computer online system, computer dating mechanism, computer equipment, software, or internet service provider utilized by the Sweepstakes or participant; interruption or inability to access the Sweepstakes, inability to complete all compounds of game play, a purchase or offer,, Web Site, or any online service via the internet due to hardware or software compatibility problems; any damage to Entrant's (or any third person's) computer and/or its contents related to or resulting from any part of the Sweepstakes; any lost/delayed data transmissions, omissions, interruptions, defects, mass machine printed, postage due, misdirected; and/or any other errors or malfunctions, including, but not limited to, in the case of a Canadian winner, disputes over answer to mathematical skill test question, even if caused by the negligence of one of the Sweepstakes Entities. Each Entrant further agrees to indemnify and hold harmless the Sweepstakes Entities from any and all liability resulting or arising from the Sweepstakes and/or prize(s) and to release all rights to bring any claim, action or proceeding against the Sweepstakes Entities. Sweepstakes Entities are also not responsible for any typographical or other error(s) contained in the Official Rules. Return of prize notification(s) as undeliverable may result in forfeiture of prize(s) and/or disqualification of winner at Sponsor's sole discretion. Entrants are subject to the MyPoints Terms and Conditions policy located at http://www.mypoints.com/emp/u/terms.vm. Potential winners are subject to verification and account status in good standing before prize(s) will be awarded. In the event of a dispute as to any Member Registration or Entry, the authorized account holder of the email address used to register will be deemed to be the registrant or Entrant. The "authorized account holder" is the natural person assigned an email address by an internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Potential winners may be required to show proof of being the authorized account holder. The failure of Sponsor to comply with any provision of these Official Rules due to an act of God, hurricane, war, fire, riot, earthquake, terrorism, act of public enemies, actions of governmental authorities outside of the control of Sponsor (excepting compliance with applicable codes and regulations) or other force majeure event will not be considered a breach of these Official Rules. Sponsor is not responsible for any typographical, printing or other inadvertent errors in these Official Rules or in any other materials relating to the Sweepstakes.
- GOVERNING LAW, JURISDICTION, ARBITRATION: Any controversy or claim arising out of or relating to (i) the Sweepstakes (including without limitation, its administration or technical functionality), (ii) the awarding or redemption of a prize and/or (iii) the determination of the scope or applicability of these Official Rules or their enforcement or interpretation, shall be governed by and construed in accordance with the substantive laws of the State of California without giving effect to any choice of law or conflict of law rules. Any controversy or claim arising out of or relating to this Agreement, its enforcement, arbitrability or interpretation shall be submitted to final and binding arbitration, to be held in Los Angeles County, California before a single arbitrator, in accordance with California Code of Civil Procedure §§ 1280 et seq. The arbitrator shall be selected by mutual agreement of the parties or, if the parties cannot agree, then by striking from a list of arbitrators supplied by the American Arbitration Association or JAMS/Endispute. The arbitration shall be a confidential proceeding, closed to the general public. The arbitrator shall issue a written opinion stating the essential findings and conclusions upon which the arbitrator's award is based. The parties will share equally in payment of the arbitrator's fees and arbitration expenses and any other costs unique to the arbitration hearing (recognizing that each side bears its own deposition, witness, expert and attorneys' fees and other expenses to the same extent as if the matter were being heard in court). Nothing in this paragraph shall affect the ability of Sponsor or any of its affiliates to seek from a court injunctive or equitable relief at any time. Entrant agrees that his/her claim will be resolved individually, exclusively by arbitration, without resort to any form of class action. Entrant further agrees that any claim/judgment/award in such arbitration shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in the Sweepstakes but in no event attorneys' fees; and, under no circumstances, will an entrant be entitled to awards for and entrant 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 increased. Should any term of this Section be deemed void, unenforceable or contrary to law, such term shall, but only to the extent necessary to bring this Section within the requirements of law, be deemed to be severed from the other terms of these Official Rules, and the remainder of these Official Rules shall be given effect as if it had not included the severed term herein. THE PARTIES HEREBY WAIVE THEIR RIGHT TO JURY TRIAL WITH RESPECT TO ALL CLAIMS AND ISSUES ARISING OUT OF OR RELATING TO THIS AGREEMENT WHETHER SOUNDING IN CONTRACT OR TORT, AND INCLUDING ANY CLAIM FOR FRAUDULENT INDUCEMENT THEREOF.
- Rules/Winners List: To receive the name of the winners or an additional copy of these Official Rules, send a self-addressed stamped envelope to: MyPoints Home for the Holidays Giveaway, "Rules" or "Winners List" (specify which), P.O. Box 6493, Burbank, CA 91510. Requests must be received by February 24, 2009. Official Rules will also be accessible on the Web Site. Winners List may also be posted on the Web Site.
- SPONSOR: This promotion is sponsored by MyPoints.com, Inc., 525 Market Street, Suite 3400, San Francisco, CA 94105.
Official Rules ©2008 ESG. Participants may copy these Official Rules for personal use only and not for any commercial purpose whatsoever. All rights reserved.