PlayStation LifeStyle FRAGnStein Halloween Giveaway OFFICIAL RULES
NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
1. Eligibility: FRAGnStein Halloween Giveaway Giveaway (the “Giveaway”) is open to anyone who are legal residents of the continental fourty eight (48) United States and the District of Columbia who are at least eighteen (18) years old at the time of entry. Employees of PlayStation LifeStyle, and their parent and affiliate companies as well as the immediate family (spouse, parents, siblings and children) and household members of each such employee are not eligible. Subject to all applicable federal, state, and local laws and regulations. Void where prohibited. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor and Administrator’s decisions, which are final and binding in all matters related to the Giveaway. Winning a prize is contingent upon fulfilling all requirements set forth herein.
2. Sponsor: PlayStation LifeStyle, 37 Kingman Ave, Revere, MA 02151.
3. Timing: Registration for the Giveaway begins on October 29, 2009 at 12:00 p.m. Eastern Time (“ET”) and ends on November 7, 2009 at 11:59 p.m. ET (the “Registration Period”). Entrants may submit Giveaway entries as set forth in Section 4 below. Server and time stamp solution is the official time keeping device for the Giveaway.
4. How to Enter: During the Registration Period, email a qualifying photo to contests@PlayStationLifeStyle.net. You automatically will receive one (1) entry into the Giveaway. The panel of judges select the finalists, those decisions are final.
5. Drawings and Finalists: All photo submissions will be judged by our panel of judges consisting of PlayStation LifeStyle staff. At least five (5) photos will be used for the PlayStation LifeStyle audience to vote on. Finalist photo submissions will be voted on November 8, 2009 at 12:00 p.m. Eastern Time (“ET”) and ends on November 14, 2009 at 11:59 p.m. ET (the “Finalist Period”). Out of these finalists the audience will select the top three (3) entries, by means of a vote. Those three (3) entries selected by the highest votes will be awarded the prize. In the event that person can not be reached within ten (10) days, the next most popular submission will be awarded the prize.
6. Prizes: THREE (3) GRAND PRIZE: FRAGnStein, courtesy of Bannco Inc.
For all Prizes: Prize is non-transferable and no substitution will be made except as provided herein at the Sponsor’s sole discretion. Sponsor reserves the right to substitute a prize for one of equal or greater value if the designated prize should become unavailable for any reason. Winner is responsible for all taxes and fees associated with prize receipt and/or use. Odds of winning a Giveaway prize depend on the number of eligible entries received during the Promotion Period. MSRP VALUE OF EACH PRIZE: $80.
7. Release: By receipt of any prize, winner agrees to release and hold harmless Sponsor, Administrator, and their respective subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and prize suppliers, and each of their respective parent companies and each such company’s officers, directors, employees and agents (collectively, the “Released Parties”) from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Giveaway or receipt or use or misuse of any prize.
8. Publicity: Except where prohibited, participation in the Giveaway constitutes winner’s consent to Sponsor’s and its agents’ use of winner’s name, likeness, photograph, voice, opinions and/or hometown and state for promotional purposes in any media, worldwide, without further payment or consideration. All photos become property of PlayStation LifeStyle.
9. General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Giveaway, or any part of it, if any fraud, technical failures or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Giveaway, as determined by Sponsor in its sole discretion. 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 any other Promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Giveaway may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages 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.
10. Limitations of Liability: The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Giveaway; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Giveaway; (4) technical or human error which may occur in the administration of the Giveaway or the processing of entries; or (5) any 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 or use or misuse of any prize. If for any reason an entrant’s entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another entry in the Giveaway, provided that if it is not possible to award another entry due to discontinuance of the Giveaway, or any part of it, for any reason, Sponsor, at its discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any or all of the prizes offered herein. No more than the stated number of prizes will be awarded. In event that production, technical, seeding, programming or any other reasons cause more than stated number of prizes as set forth in these Official Rules to be available and/or claimed Sponsor reserves the right to award only the stated number of prizes by a random drawing among all legitimate, unawarded, eligible prize claims.
11. Disputes: Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Giveaway or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate Massachusetts State Court located in Suffolk County, Massachusetts U.S.A.; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Giveaway, but in no event attorneys’ fees; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, 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. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Giveaway, shall be governed by, and construed in accordance with, the laws of the State of Massachusetts, U.S.A. without giving effect to any choice of law or conflict of law rules (whether of the State of Massachusetts or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Massachusetts.
