PROMOTIONAL PERIOD: Promotional period begins on 09/26/07 and ends on 10/14/2007 at 11:59:59 p.m. (CST).
ELIGIBILITY: Giveaway is offered to all members of the MyEclipse community and nonsubscribers alike regardless of location. To qualify, you must be at least 18 years old at time of drawing. Employees and directors of Genuitec LLC (Sponsor) and their affiliates and subsidiary companies, their advertising and promotional agencies and each of their immediate family members or members of the same households of such employees and directors are not eligible. No responsibility is assumed for lost, late, incomplete, stolen, forged, misdirected, fraudulent or illegible entries; or for any computer, telephone, cable, network, satellite, electronic or Internet hardware or software malfunctions, failures, connections, availability or garbled or jumbled transmissions, or service provider/Internet/web site/use net accessibility or availability, traffic congestion, or unauthorized human intervention, or the incorrect or inaccurate capture of entry or other information, or the failure to capture any such information.
GENERAL CONDITIONS: By accepting prize or submitting entry for consideration, where permitted by law, winners grant to Sponsor and those acting with Sponsor's permission, its parents, subsidiaries and related companies, the right to print, publish, broadcast and use, worldwide in any media now known or hereafter developed, including but not limited to the world wide web, at any time or times, the winner's full name and entry contents (including but not limited to, company names, quotations and other verbiage) as news or information and for advertising, trade and promotional purposes without additional consideration, and without notice, approval or review. Further, each participant and winner releases and agrees to hold harmless Sponsor, their parents, affiliates, subsidiaries, advertising and promotion agencies and their respective directors, officers, employees, representatives and agents from any and all liability for any injuries, loss or damage of any kind to person, including death, and property, arising in whole or in part, directly or indirectly, from acceptance, possession, use or misuse of a prize or entry, participation in any Giveaway related activity, or participation in this Giveaway. Entrant is individually responsible for any and all violations of their own company code of conduct or negligence of policy, and agrees to hold Sponsor harmless for any damages incurred as a result of entry. Void where prohibited. Sponsor reserves the right, at its sole discretion, to disqualify any individual it finds, in its solediscretion, to be tampering with the entry process or the operation of the Giveaway or web site; to be in violation of the Terms of Service of the web site, to be acting in violation of the Official Rules; or to be acting in a non-sportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. Any use of robotic, automatic, macro, programmed or like entry or registration methods will void all such entries by such methods, and disqualify any entrants using such methods. In the event of a dispute as to entries submitted by multiple users having the same email account, the authorized subscriber of the email account used to enter the Giveaway at the actual time of entry will be deemed to be the participant and must comply with these rules. Sponsor may prosecute any fraudulent activities to the full extent of the law.
LIMITATIONS OF LIABILITY: Sponsor is not responsible for any incorrect or inaccurate information, whether caused by web site users, tampering, hacking, or by any of the equipment or programming associated with or utilized in the Giveaway and assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to the web site. Sponsor is not responsible for injury or damage to participants' or to any other person's computer related to or resulting from participating in this Giveaway or downloading materials from or use of the web site. If, for any reason, the Giveaway is not capable of running as planned by reason of infection by computer virus, worms, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which Sponsor, in the sole opinion of Sponsor, deems could corrupt or affect the administration, security, fairness, integrity or proper conduct of this Giveaway, Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend this Giveaway and select the winners from entries received prior to the action taken or in such other manner as Sponsor may deem fair and appropriate. Any taxes, penalites, or consequences of winning the promotion are the sole responsibility of the winner.
IN NO EVENT WILL SPONSOR, THEIR PARENTS, AFFILIATES, SUBSIDIARIES AND RELATED COMPANIES, THEIR ADVERTISING OR PROMOTION AGENCIES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS, BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO AND USE OF THE MYECLIPSE/GENUITEC INTERNET SITE, PARTICIPATION IN CONTEST OR THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM SAID SITE. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
DISPUTES: As a condition of participating in this Promotion, participant agrees that any and all disputes which cannot be resolved between the parties, and causes of action arising out of or connected with this Promotion, shall be resolved individually, without resort to any form of class action, exclusively, before a court located in the city of Flower Mound having competent jurisdiction, which Court shall apply the laws of the State of Texas /USA without regard for doctrines of Conflict of Law. Further, in any such dispute, under no circumstances will participant be permitted to obtain awards for, and hereby waives all rights to claim punitive, incidental or consequential damages, or any other damages, including attorneys' fees, other than participant's actual out-of-pocket expenses (i.e., costs associated with entering this Promotion), and participant further waives all rights to have damages multiplied or increased.
Sponsor: The sponsor of this giveaway offer is: Genuitec LLC, 2221 Justin Rd #119-340, c/o Free EW Giveaway, Flower Mound, TX, 75028, USA.