NO PURCHASE NECESSARY TO ENTER OR WIN. PURCHASE WILL NOT
INCREASE THE ODDS OF WINNING. VOID WHERE PROHIBITED.
1. Introduction.
The TracFone Tom Joyner Big Break Sweepstakes ("Game") is
sponsored by
Opus One Corporation
("Sponsor"). One (1) Grand
Prize winner will be selected at the conclusion of the Game
from among all eligible entries received during the Game
Period and will be given a chance to replace the Grand Prize
with the Bonus Grand Prize. The Game is offered only in the
United States. Void where prohibited. Game registered by
Opus One Corporation and may be presented in different
creative presentations. By entering the Game, you agree to
comply with and be bound by the following Official Game
Rules (the “Rules”) and the decisions of Sponsor, which are
final and binding in all matters related to the Game.
2. Game Period. The Game begins November 14,
2007 at 12:01:00 a.m. U.S. Pacific Time ("PT") and ends on
December 13, 2007 at 11:59:59 p.m. PT ("Game Period").
3. Eligibility. The Game is open only to
legal residents of the 50 United States and the District of
Columbia, living in the United States or the District of
Columbia, who are 18 years of age or older at the time of
entry. Employees, officers and directors of Sponsor, SCA
Promotions, Inc. and Promoters, their affiliates,
subsidiaries, agents, and advertising and promotion agencies
involved with this Game, as well as the immediate family
members (defined as parents, spouse, children, siblings and
grandparents) and those living in the same household of each
such employee, officer and director are not eligible to
enter. By participating, entrant agrees to abide by these
Official Rules and by the decisions of Sponsor, which are
final and binding in all respects.
4. How to Enter. To enter the Game (NO
PURCHASE NECESSARY TO ENTER OR WIN):
During the Promotion Period, visit
www.tracfone-tomjoyner.com and follow the links and
instructions to register. After you have completed and
submitted the registration, a confirmation email will be
sent to the email account you provided upon registration.
Open the email and follow the links and instructions to gain
access to the voting component of the Sweepstakes. After
successfully accessing the voting component, you
automatically will receive fifty (50) Sweepstakes entries.
During the Voting Phase, you will be prompted to vote for
your favorite contestants in the TracFone Tom Joyner Big
Break Contest. The TracFone Tom Joyner Big Break Contest
will consist of a series of matches between contestants
(number of matches to be determined by Sponsor, in its sole
discretion). Limit: You are allowed one (1) vote
during each match, and can vote in any or all matches
available during the Voting Phase. You will receive ten
(10) Sweepstakes entries for each valid vote you submit
during each Voting Phase. You will also receive 100 points
for each friend that you invite to the site if the invited
friend successfully registers to the site and authenticates
his/her email address. Limit: Each participant may
receive a maximum of five thousand (5,000) entries during
the Promotion Period. All entries must be received during
the Promotion 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
address. Multiple participants are not permitted to share
the same email address. Any attempt by any entrant to
obtain more than the stated number of entries by using
multiple/different email addresses, identities,
registrations and logins, or any other methods will void
that entrant’s entries and that entrant may be
disqualified. All entries become the exclusive property of
Sponsor and the applicable Promoter and will not be
acknowledged or returned. Proof of sending will not be
deemed to be proof of receipt by Sponsor.
Use of any automated program to
enter will result in disqualification. Entries will not be
acknowledged.
5. Selection of Winner.Grand Prize:
On or about December 14, 2008, one (1) Grand Prize winner
will be selected in a random drawing from among all eligible
entries received in the Game throughout the Game Period.
Random drawings will be conducted by Sponsor whose decisions
on all matters relating to this Game shall be final and
binding.
The entrant selected must comply with all terms and
conditions of these Rules and winning is contingent upon
fulfillment of all requirements. Notification will be sent
via e-mail and /or phone call to the selected winner within
ten (10) days of the drawing at the address/phone number
provided at registration. Except where prohibited, potential
winner must sign and return within ten (10) days of
attempted notification, an affidavit of eligibility and
liability/publicity release in order to claim his/her prize.
If prize involves travel, potential winner's travel
companion(s) must sign and return a release of
liability/publicity at the same time as winner. Winner may
be required to provide picture proof of identification,
which may include a driver’s license, passport, voting card
or similar government issued identification. If the
potential winner cannot be contacted within ten (10) days of
the first attempt to contact him/her or if he/she fails to
sign and return the affidavit of eligibility and
liability/publicity release within the required time period,
an alternate winner maybe selected in his/her place at
random. Non-compliance by the original winner or any
alternate winner within this time period may result in
forfeiture of the applicable prize. Return of any
prize/prize notification sent to an original or alternate
winner as undeliverable may result in forfeiture. In the
case of forfeiture by both the original winner and an
alternate winner, no prize will be awarded for the
applicable drawing.
6. Prize: One (1) Grand Prize will be
awarded at the conclusion of the Game. Grand Prize is one
hundred dollars ($100).
Odds of Winning:
The odds of winning the Grand Prize depend upon the number
of eligible entries received during the Game period.
Bonus Grand Prize: The Grand
Prize winner will be given one (1) chance to play the online
game “Hunt for the Money” with the opportunity to replace
his/her Grand Prize with a Bonus Grand Prize. Bonus Grand
Prizes are Prize Level A - $10,000; Prize Level B - $10,000
or Prize Level C - $10,000, if won. If the winner is
unsuccessful in replacing his/her Grand Prize with the Bonus
Grand Prize, he/she will still win the Year- End Grand Prize
he/she originally won.
Total prizes
available: One
BONUS PRIZE LEVELPRIZE AMOUNTODDSPrizes Available
Bonus Grand Prize Level A
$10,000 1:250
1
Bonus Grand Prize Level B
$10,000 1:150 1
Bonus Grand Prize Level
C $10,000
1:100 1
7. No Substitution of Winners. No substitution, assigning or transfer of prize permitted,
except by Sponsor, who reserves the right to substitute a
prize with another prize of greater or equal value in the
event the offered prize is unavailable. Winners are
responsible for all applicable federal, state and local
taxes, registrations, and other fees and assessments,
including any required insurance. Sponsor will withhold
and/or report taxes as required by the applicable law of
Sponsor’s jurisdiction and winner’s jurisdiction.
8.
Publicity.
Participation in the Game constitutes consent to Sponsor's
use of entrants’ name, likeness, voice, opinions, hometown
and state for promotional purposes in any media without
further payment or consideration, excluding residents of the
State of Tennessee and where prohibited by law.
9. General Conditions. Sponsor, its legal
representatives, their affiliates, subsidiaries, parents,
agencies and their respective officers, directors, employees
and agents are not responsible for lost, interrupted or
unavailable network server or other connections,
miscommunications, failed computer transmissions or
technical failure, lost online entries, jumbled, scrambled
or misdirected transmissions or other error of any kind,
whether human, mechanical or electronic. Sponsor’s sole
responsibility for any irregular entry is replacement with
another entry in a subsequent drawing, if any. Sponsor
reserves the right to cancel, suspend or modify the Game if
fraud, technical failures or any other factor impairs the
integrity of the Game, as determined by Sponsor in its sole
discretion. In such event, Sponsor reserves the right to
award the Grand Prize in a random drawing from among all
eligible entries received up to the time of the 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 Game or to be acting
in violation of these Rules or in an unsportsmanlike or
disruptive manner. Any attempt by any person to deliberately
damage Sponsor's Web site (including the Game Website) or
undermine the legitimate operation of this Game may be a
violation of criminal and civil laws 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 Rules shall
not constitute a waiver of that provision.
10. Release. By accepting any prize, winner agrees to
release and hold harmless Sponsor, related companies, any
company involved with the Game, and each of their respective
officers, directors, employees and agents from and against
any claim or cause of action arising out of participation in
the Game or receipt or use of any prize including, but not
limited to, liability arising from copyright infringement,
improper use of name and likeness, personal injury, death,
damages or monetary loss. Restrictions, conditions and
limitations apply.
11. Limitations of Liability. Sponsor, as
well as any companies involved with the Game, are not
responsible for: (1) incorrect or inaccurate transcription
of entry information or late, lost, stolen, illegible,
incomplete, misdirected, or postage due entries, or entries
received through impermissible or illegitimate channels, all
of which will be disqualified; (2) technical failures of any
kind, including but not limited to the malfunctioning of any
telephone, computer, network, hardware or software; (3) the
unavailability or inaccessibility of any service; (4)
unauthorized human intervention in any part of the entry
process or the Game; (5) electronic human or other error
which may occur in the administration of the Game or the
processing of entries; or (6) 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 Game
or from downloading any material from Sponsor's Web site(s)
(including the Game Web site), regardless of whether the
material was prepared by Sponsor or a third party, and
regardless of whether the material is connected to Sponsor's
Web site by a hypertext link.
12. Disputes. By entering, each entrant
further agrees that, in the event that there is any conflict
or other inconsistency between the Rules and any
advertisements, promotional or marketing materials, emails
or announcements relevant to the Game, these Rules will
govern. Entrant agrees that: (1) any and all disputes,
claims, and causes of action arising out of or connected
with this Game or any prizes awarded shall be resolved
individually, without resort to any form of class action,
and exclusively by the United States District Court of
California; (2) any
and all claims, judgments and awards shall be limited to
actual out-of-pocket costs incurred, including costs
associated with entering this Game 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 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 Rules, or the rights and obligations
of the entrant or Sponsor in connection with the Game, shall
be governed by, and construed in accordance with, the laws
of the State
of
California, without
giving effect to any choice of law or conflict of law rules
(whether of the State
of
California
or any other jurisdiction), which would cause the
application of the laws of any jurisdiction other than the
State of California. Should
any part of these Rules be held invalid or unenforceable,
that portion shall be construed in accordance with
applicable law and the remaining portions shall remain in
full force and effect. To the extent that Sponsor’s Privacy
Policy and/or Terms and Conditions are in conflict or
inconsistent with these Rules as they pertain to the Game,
these Rules shall take precedence.
13. Data Collection. Sponsor collects
personal information from you when you enter the Game. The
information collected is subject to privacy policies of
TracFone Inc.
14. Winner's List/Official Rules.
Any legally required list of winners may be obtained by
sending an email with Subject Line: “56628
TracFone Tom Joyner Big Break
Sweepstakes Winner List Request,” to
WinnerListRequests@scapromo.com. All such requests must
be received within six (6) weeks after the end of the
Promotion Period. These Official Rules will be posted on
the Website.
