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HOUSE PARTY, INC. “Pre-Holiday House Party Sweepstakes” Official Rules
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. A PURCHASE OR PAYMENT WILL NOT INCREASE OR IMPROVE YOUR CHANCES OF WINNING.
1. GENERAL. The House Party, Inc. “Pre-Holiday House Party Sweepstakes” (the “Sweepstakes”) is a sweepstakes where three (3) eligible entrants will each win a one thousand dollar ($1,000) American Express gift card. Online entrants will be asked to submit a digital photograph, a digital video and/or recipes, as described in more detail below. Entrants that do not desire to enter online and/or make any submissions in the Sweepstakes may enter by mail as described below. The foregoing is a general description only of the Sweepstakes and is qualified in its entirety by these Official Rules.
2. ELIGIBILITY. The Sweepstakes is only open to entrants who, as of the entry date, (a) have been selected by House Party, Inc. (“HPI”) to be a host of a Pre-Holiday House Party on the national HPI party date of November 15, 2008, have received email notification from HPI of such host selection, and have logged into the Pre-Holiday House Party website hosted by HPI (located at www.houseparty.com/preholiday) and completed the initial online party start-up process, OR have been invited by a host to be a guest at a Pre-Holiday House Party and have logged into the Pre-Holiday House Party website and registered as a guest, (b) are legal residents of the fifty (50) United States or the District of Columbia, and (c) are at least eighteen (18) years old. The Sweepstakes is void outside the fifty (50) United States and the District of Columbia; and where prohibited or restricted by law. Employees, officers and directors of Sponsor and its parents, subsidiaries, affiliates, divisions, advertising and promotion agencies, and the immediate families (defined as parents, spouses, children, siblings, grandparents, and their respective spouses) or members of the same household (whether related or not) of each such employee, officer and director, are not eligible to enter. The Sweepstakes, and any website pages and advertisements relating thereto, is intended for viewing only within the United States and the District of Columbia, and entrants must be present in the United States or the District of Columbia at the time they enter.
3. TIMING. The Sweepstakes entry period begins at 12:01 a.m. Eastern Time (“ET”) on November 3, 2008 and ends at 11:59 p.m. ET on November 23, 2008 (the “Entry Period”). Sponsor’s computer is the official timekeeping device for the Sweepstakes.
4. HOW TO ENTER; CONTENT SUBMISSIONS. There are two (2) ways to enter this Sweepstakes, online (which requires submission of a digital photo, a digital video or recipes, as described in more detail below) or by mail (which does not require any submissions, but does require an election, as described in more detail below), each as described below:
a. TO ENTER ONLINE. During the Entry Period, go to Sponsor’s Pre-Holiday House Party Sweepstakes page located at www.houseparty.com/sweeps/preholiday (the party Sweepstakes page may be accessed via a link in a party information email received by entrant from Sponsor or a Pre-Holiday House Party host or by going directly to the party page located at www.houseparty.com/preholiday and clicking on the Sweepstakes icon to be forwarded to the Sweepstakes information and registration section). Once at the Sweepstakes information and registration section, follow the links and instructions for online entry, including submission of a digital photo, a digital video or recipes, as described below. Completely fill out the online entry form (including making the required submission(s)) and submit it in accordance with the on-screen instructions. All online entries must be received by Sponsor during the Entry Period. In the event of a dispute as to the identity of an online entrant, the authorized account holder of the email address used to enter will be deemed to be the entrant. Potential winners may be required to show proof of being the authorized account holder. The “authorized account holder” is the natural person assigned to an email address by an Internet service provider, online service provider, or other organization responsible for assigning email addresses for the domain associated with the submitted email address. All entries will be deemed to have been made by the authorized account holder of the submitted email address. Submitting mass entries or entries generated by a script, macro or use of automated devices is prohibited and will result in disqualification.
Photo, Video and/or Recipe Submissions With Online Entry. When completing your online entry, you will be asked to submit and upload, at your option, one (1) digital photo, one (1) digital video or at least three (3) recipes. You must make a submission in the photo, video or recipe entry category; failure to select an entry category or selection of more than one (1) entry category will disqualify your entry. Your choice of your desired entry category will determine the entry pool into which your entry is placed and will affect your odds of winning in this Sweepstakes due to how winners are selected in this Sweepstakes; see Section 6 “Drawings; Odds; Notification” below for more information. The following additional terms and conditions apply to online entry submissions:
i. The digital photo and the digital video must depict you, your friends and/or family enjoying Pre-Holiday House Party sponsor products (for example, you and your friends enjoying Kraft Philadelphia Cream Cheese). Digital photos and digital videos must be of a size and format that are compatible with the photo and video upload systems used in connection with the HPI website, which are specified in the HPI website.
ii. Recipe submissions must be for three (3) appetizers, or three (3) main dishes or three (3) deserts, or you can mix and match for your three (3) recipes. Each submitted recipe must include a recipe name, list of ingredients, measurements, any special utensils required to prepare the recipe, preparation instructions, number of servings, and, if desired, your personal comments.
iii. Each submission must be in keeping with Sponsor’s and its Sweepstakes partners’ positive images and may not be offensive or inappropriate, as determined by Sponsor in its sole discretion, nor can it defame or invade publicity rights or privacy of any person, living or deceased, or entity, or otherwise infringe upon any person’ s or entity’s personal, intellectual property or property rights or any other third party rights (including, without limitation, copyright and trademark rights). A submission may not incorporate or include anything that would require the consent of any third party for the use of the submission as set forth in these Official Rules. By making a submission in the Sweepstakes, entrant represents and warrants to Sponsor that he/she has complied with the foregoing requirements.
iv. Each submission, including, without limitation, all contents, concepts and ideas embodied therein, becomes the exclusive property of Sponsor, and will not be returned by Sponsor. Each entrant hereby irrevocably assigns to Sponsor, its designees, successors and assigns, all right, title and interest in and to such submissions, including, without limitation, all intellectual property and other proprietary rights, without expectation of compensation or acknowledgement. Each entrant agrees that Sponsor and its designees, successors and assigns shall have the perpetual, irrevocable, world-wide and fully-transferable right (but not obligation) to use, modify, display, reproduce, make derivative works of, and otherwise exploit entrant’s submissions (or any part thereof) for promotional purposes in any manner or media whether now or hereafter existing and/or to otherwise use or commercially exploit in any manner any submission or information or ideas contained within any submission, all without further payment, consideration, attribution, notice or consent. Without limiting the foregoing, one such use may include posting of some or all of an entrant’s submissions on www.houseparty.com or on third party websites. Sponsor shall have no obligation to maintain any of the submissions, or any information or ideas contained therein, as confidential or proprietary. Sponsor reserves the right to edit, modify, or abridge any such submissions for any reason prior to use.
b. TO ENTER BY MAIL. If you do not wish to enter online or make any submissions, print your full name, complete home address, day and evening phone numbers, email address (if any), age and date of birth on a 3” x 5” piece of paper and send it by United States mail in a sealed envelope no larger than 9 1/2" x 4 1/4" (a #10 envelope) with correct postage to “Pre-Holiday House Party Sweepstakes – Entry”, c/o House Party, Inc., One Bridge Street, Suite 105, Irvington, NY 10533. On your mail in entry you must select whether you want your entry included in the photo, video or recipe entry pool (you may only select one (1) pool); failure to select an entry pool or selection of more than one (1) entry pool will disqualify your entry. Your choice of an entry pool will affect your odds of winning in this Sweepstakes due to how winners are selected in this Sweepstakes; see Section 6 “Drawings; Odds; Notification” below for more information. On your mail in entry, you may also elect to “opt-in” to receiving marketing or promotional communications from Sponsor and/or its marketing partners by stating on your entry form that you desire to receive such communications. All mail-in entries must be received by Sponsor during the Entry Period. No facsimiles, photocopied or mechanically reproduced entries allowed. Use of any automated system to submit entries is prohibited and will result in disqualification.
c. FOR ALL ENTRIES. LIMIT: One (1) entry per person in this Sweepstakes, regardless of method of entry. All entries, regardless of method of entry, must be received by Sponsor during the Entry Period. All entries (including photo, video and/or recipe submissions) become the exclusive property of Sponsor and none will be acknowledged or returned. Proof of online submission or mailing will not be deemed to be proof of receipt of entry by Sponsor. See Section 13 below (“Data Collection; Promotional Materials”) regarding data collected in connection with an entrant’s entry and an entrant’s ability to opt-in to or opt out of receiving marketing and promotional materials. All entrants and entries subject to verification prior to the awarding or a prize, as are the eligibility, age and other claims of/information provided by a potential prize winner.
5. AGREEMENT TO OFFICIAL RULES AND DECISIONS. By participating in the Sweepstakes, each entrant fully and unconditionally agrees to be bound by and accepts these Official Rules and the decisions of Sponsor (including, without limitation, decisions regarding eligibility of entries, the selection of entrants and winners, and the awarding of prizes), which are final and binding in all respects.
6. DRAWINGS; ODDS; NOTIFICATION. Eligible entries received by Sponsor in the Sweepstakes during the Entry Period will be segregated in three (3) pools; one (1) pool of entries for photo submissions, one (1) pool of entries for video submissions and one (1) pool of entries for recipe submissions. Entry pools will also include mail-in entries that select an applicable pool. On or about November 24, 2008, Sponsor will randomly select one (1) potential prize winner per entry pool from among all eligible entries received by Sponsor in the Sweepstakes during the Entry Period for the applicable entry pool. A total of three (3) potential winners will be selected (one (1) potential winner per entry pool). Odds of winning a prize depend on the number of eligible entries received by Sponsor in the Sweepstakes for the applicable entry pool. The entrant selected must comply with all terms and conditions of these Official Rules, and winning is contingent upon fulfilling all requirements. A potential winner will be notified by phone, letter (by postal or overnight delivery) and/or email. Except where prohibited by law, a potential winner will be required to execute and return to Sponsor an Affidavit of Eligibility, a Liability Release and a Publicity Release (an “Affidavit/Release”) in the form provided by Sponsor in order to claim his/her prize. Such Affidavit/Release must be returned to Sponsor by the date and/or time indicated within such documents. If the potential winner cannot be contacted within seven (7) days of the first attempt to contact him/her, or if the potential winner fails to return the Affidavit/Release within the specified time, or if the potential winner is found to be ineligible, or if the potential winner does not comply with the Official Rules, then the potential winner may be disqualified and an alternate winner selected by Sponsor in his/her place at random from among all eligible non-winning entries received by Sponsor for the Sweepstakes.
a. Subject to the terms and conditions of these Official Rules, three (3) prizes will be awarded in this Sweepstakes. A prize consists of and is limited to a one thousand dollar ($1,000) American Express Gift Card. Gift card is subject to the terms, conditions and restrictions thereof. The approximate retail value (“ARV”) of each prize to be awarded in this Sweepstakes is one thousand dollars ($1,000), and the aggregate ARV of all prizes to be awarded in this Sweepstakes is three thousand dollars ($3,000).
b. Prizes must be accepted as awarded, and each prize is awarded “AS IS” with no warranty, representation, or guarantee, express or implied, in fact or in law, made by Sponsor or for which Sponsor shall be liable, including, without limitation, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. No substitution, assignment or transfer of a prize is permitted, except by Sponsor, who reserves the right to substitute a prize (or component thereof) with another prize (or component thereof) of greater or equal value, including cash, if a prize (or component thereof) is not available for any reason as determined by Sponsor in its sole discretion. Winner is solely and fully responsible for any and all costs, fees, taxes and expenses associated with prize award, receipt and use, including, without limitation, all federal, state and local taxes on the prize. If applicable, a winner will be issued an IRS Form 1099 for the value of the prize awarded. Unused portions of aprize a forfeited. LIMIT: One (1) prize per person/family/household.
8. PUBLICITY. Except where prohibited by law, participation in the Sweepstakes constitutes winner’s consent to Sponsor’s (and its designees’, successors’ and assigns’) use of winner’s name, biography, likeness, voice, photographs, video, opinions, statements, hometown, state and country for promotional purposes in any manner or media (including, without limitation, online), worldwide, in perpetuity, and without further payment, consideration, notice or consent.
9. GENERAL CONDITIONS. Sponsor reserves the right, in its sole discretion, to terminate, modify or suspend the Sweepstakes if, in Sponsor’s opinion, there is any suspected or actual evidence of electronic or non-electronic tampering with any portion of the Sweepstakes, or if viruses, bugs, unauthorized intervention, fraud, technical difficulties or failures or any other factor beyond Sponsor’s reasonable control corrupt or affect the administration, security, fairness, integrity or proper conduct of the Sweepstakes. In such event, Sponsor reserves the right (but does not have the obligation) in its sole discretion to award the prize(s) at random from among eligible, non-suspect entries received up to the time of suspected impairment. 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 Sweepstakes or to be acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner. Any attemptby any person to deliberately damage any website or undermine the legitimate operation of the Sweepstakes is a violation of criminal and civil laws, and, should such an attempt be made, Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision or any other provision of these Official Rules.
10. RELEASE. By entering, each entrant forever and irrevocably releases and holds harmless Sponsor, its parents, subsidiaries, divisions and affiliates, and their respective agents, advertising and promotion agencies, affiliates, Pre-Holiday House Party sponsors and partners, Sweepstakes partners and prize suppliers, and all of their respective employees, officers, directors, shareholders and agents from and against all claims, damages or liabilities arising in whole or in part, directly or indirectly, from entrant’s participation and/or entry in the Sweepstakes and/or entrant’s award, receipt or use of any prize awarded in the Sweepstakes.
11. LIMITATIONS OF LIABILITY. Sponsor is not responsible for: (a) incorrect or inaccurate transcription of entry information or late, lost, stolen, unintelligible, illegible, damaged, mutilated, altered, incomplete, misdirected or postage due entries or entries received through impermissible or illegitimate channels, all of which will be disqualified; (b) technical failures of any kind, including but not limited to the malfunctioning of any telephone, computer online systems, computer equipment, website, server provider, network, hardware or software; (c) the unavailability or inaccessibility of any website or service; (d) unauthorized intervention in any part of the entry process or the Sweepstakes; (e) printing, typographical, electronic or human errors which may occur in the offer or administration of the Sweepstakes or the processing of entries; or (f) any injury or damage to persons or property, including but not limited to entrant’s computer, which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Sweepstakes, or from viewing, playing or downloading any material from Sponsor’s website, regardless of whether the material was prepared by Sponsor or a third party, and regardless of whether the material is connected to Sponsor’s website by a hypertext link.
12. DISPUTES. Entrant agrees that: (a) any and all disputes, claims, and causes of action arising out of or connected with the Sweepstakes, or any prizes awarded shall be resolved individually, without resort to any form of class action, and solely and exclusively in a federal or state court located in New York, New York; entrant submits to sole and exclusive personal jurisdiction to said courts in the State of New York for any such dispute and irrevocably waives any and all rights to object to such jurisdiction; (b) any and all claims, judgments, and awards shall be limited to actual out of pocket costs incurred, including costs associated with entering the Sweepstakes but in no event attorneys’ fees; and (c) under no circumstances will entrant be permitted to obtain 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 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 entrant or Sponsor in connection with the Sweepstakes shall be governed by, and construed in accordance with, the laws of the State of New York, without giving effect to any choice of law or conflict of law rules of provisions (whether of the State of New York the United States, or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York.
14. OFFICIAL RULES. These Official Rules are available at www.houseparty.com/sweeps/preholiday at the Sweepstakes section of the website, or by sending a self-addressed postage-stamped envelope to “Pre-Holiday House Party Sweepstakes – Rules Request”, c/o House Party, Inc., One Bridge Street, Suite 105, Irvington, NY 10533. Vermont residents do not need to affix return postage.
15. WINNER’S LIST. To request a list of winners, send a self-addressed postage-stamped envelope to “Pre-Holiday House Party – Winner’s List Request”, c/o House Party, Inc., One Bridge Street, Suite 105, Irvington, NY 10533. Requests must be received by February 1, 2009.
16. SPONSOR. The sponsor of the Sweepstakes and the address at which the Sponsor may be contacted is House Party, Inc., One Bridge Street, Suite 105, Irvington, NY 10533.
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