FOUNDMONEY.COM™
"FOUNDMONEY.COM CASH GIVEAWAY" SWEEPSTAKES
OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES.
VOID IN PUERTO RICO AND WHERE PROHIBITED
HOW TO ENTER:
Access the foundmoney.com web site at http://www.foundmoney.com from 6:00 p.m. (EST) on December 16th, 2003 through 11:59 p.m. (EST) on January 1st, 2004. Click through to the FoundMoney.com Cash Giveaway Sweepstakes. All required information must be entered into the online entry form for the entry to be eligible. Limit one entry per email address.
FOR ALL ENTRIES: Proof of sending or submission will not be deemed to be proof of receipt by Sponsor. Sponsor is not responsible for e-mail which is lost, late, incomplete, invalid, unintelligible, illegible, stolen, damaged, or misdirected. Sponsor is not responsible for technical hardware or software failures of any kind, lost or unavailable network connections, or failed, incomplete, garbled or delayed computer transmission which may limit a user's ability to participate in the Sweepstakes. Use of any automated system to submit entries is prohibited and will result in disqualification of all such entries as well as the entrant. Altered, defaced, mutilated, illegible or incomplete entries are ineligible. In the event of a dispute as to the identity of the entrant of any online entry, the authorized account holder of the e-mail address used to enter will be deemed to be the entrant. The "authorized account holder" is the natural person assigned an e-mail address by an Internet access provider, online service provider or other organization responsible for assigning e-mail addresses for the domain associated with the submitted address. Potential winners may be required to show proof of being the authorized account holder. All entries become the property of the Sponsor and will not be acknowledged or returned.
SPONSOR:
"Sponsor" means FoundMoney.com 3422 Old Capital Trail, Suite 770, Wilmington, Delaware 19808-6192.
AGREEMENT TO OFFICIAL RULES:
By participating in the Sweepstakes, each entrant fully and unconditionally agrees to be bound by and accepts these Official Rules (including, without limitation, the "Privacy Statement" set forth below) and the decisions of Sponsor, which are final and binding.
GRAND PRIZE DRAWING:
Winner for the Grand Prize will be selected in a random drawing on January 1st, 2004 from all eligible entries received. Odds of winning the Grand Prize depend upon the total number of eligible entries received. The drawing will be conducted by Sponsor. Sponsor’s decisions as to the administration of the Sweepstakes and the selection of potential winners are final. Entrants selected must comply with all terms and conditions of these Official Rules, and winning is contingent upon fulfilling all requirements. A potential winner of the Grand Prize must sign and return to Sponsor, within ten (10) days of being notified, an affidavit of eligibility and declaration of compliance with the Official Rules, a release of liability and, where legal, a publicity release in order to claim his/her prize. If a potential winner cannot be contacted within ten (10) days after the first attempt to contact him/her, or if he/she fails to sign and return the affidavit of eligibility and liability/publicity releases within the required time period, an alternate entrant will be selected in his/her place at random from among all eligible entries received.
GRAND PRIZE APPROXIMATE RETAIL VALUE:
One (1) Grand Prize of $1,000 cash (U.S.). No other prizes will be awarded in connection with this Sweepstakes.
GENERAL RULES:
Sweepstakes eligibility is open only to persons who are 18 years of age or older and who are legal residents of the 50 United States (and the District of Columbia) as of the prize drawing date. Employees of FoundMoney.com Found Money, Inc., and each of their respective affiliates, subsidiaries, advertising and promotion agencies and judging organizations, and each of their employees’ immediate family members and/or those living in the same household of each employee, are not eligible. Void in Puerto Rico and where prohibited by law. The Grand Prize will be awarded and winner notified by mail/e-mail. No substitution or transfer of prize, except at the sole discretion of Sponsor, who reserves the right to substitute the prize with another prize of equal or greater approximate value. All other costs and expenses, including U.S. federal, state, and local taxes, are the sole responsibility of the winner. All U.S. federal, state and local laws and regulations apply.
CONDITIONS OF SWEEPSTAKES:
Sponsor reserves the right to cancel or modify the Sweepstakes if fraud, technical failures or any other factor beyond Sponsor’s reasonable control impairs the integrity of the Sweepstakes, as determined by Sponsor in its sole discretion. In such event, Sponsor reserves the right to award the Grand Prize at random from among the 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 Sweepstakes or to be acting in violation of these Official Rules, or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately damage any web site or undermine the legitimate operation of the Sweepstakes is 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. Sponsor, and its respective related companies, are not responsible for errors in print or electronic presentation of the Sweepstakes, the Official Rules, the selection or announcement of winners, or the distribution of the Grand Prize.
RELEASE:
By entering this Sweepstakes, entrant agrees to release and hold harmless, Sponsor, Found Money, Inc., their respective related companies, 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 Sweepstakes or receipt or use of any prize.
DISCLAIMERS AND LIMITATIONS OF LIABILITY:
(a) Sponsor is not responsible for, and hereby disclaims responsibility for: (i) technical failures of any kind, including but not limited to the malfunctioning of any computer, cable, network, hardware or software; (ii) the unavailability or inaccessibility of any transmissions or telephone or Internet service; (iii) unauthorized human intervention in any part of the entry process or the Sweepstakes; (iv) electronic or human error which may occur in the administration of the Sweepstakes or the processing of entries; or (v) any injury or damage to persons or property, including but not limited to entrant’s computer, hardware or software, which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Sweepstakes.
(b) Sponsor, its related companies, and each of their respective officers, directors, affiliates, related entities, partners, partnerships, principals, representatives, agents, licensees, sponsors, successors and assigns: (i) disclaim the making of any warranty, guaranty, or representation of any kind concerning the Grand Prize, including without limitation any implied warranties of merchantability, non-infringement or fitness for a particular purpose, and (ii) are not liable for injury, loss, or damage of any kind resulting from the acceptance or use of the Grand Prize or from participation in this Sweepstakes.
(c) Entrant agrees that: (i) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes but in no event attorneys’ fees; and (ii) 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 these limitations or exclusion of liability for incidental or consequential damages, so the above may not apply to you.
PUBLICITY:
Except where prohibited, participation in the Sweepstakes constitutes winner’s consent to Sponsor’s use of winner’s name, likeness, voice, opinions, biographical information, hometown and state for promotional purposes in any media without further payment or consideration. Such rights are irrevocable, perpetual, fully-paid up and transferable.
DISPUTES:
Any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes, or the Grand Prize awarded, shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the District of Delaware or the appropriate Delaware State Court located in Wilmington, Delaware. 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 Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Delaware, without giving effect to any choice of law or conflict of law rules (whether of the State of Delaware or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Delaware.
PRIVACY STATEMENT.
General. This Privacy Statement describes the personal information Sponsor collects about Sweepstakes’ entrants and how Sponsor uses that information. This Privacy Statement is part of these Official Rules and applies only to information collected by Sponsor in connection with the Sweepstakes. As used in this Privacy Statement, the term "personal information" means information about an identified or identifiable individual.
Collection of Personal Information. Sponsor collects the name, address, day and evening phone numbers, e-mail address and age of each entrant who enters the Sweepstakes online.
Use of Personal Information. Sponsor uses name and contact information to administer the Sweepstakes in accordance with these Official Rules, for example, to notify winners. Sponsor uses age information to determine an individual’s eligibility to enter the Sweepstakes. In addition, Sponsor may use any or all personal information collected in connection with the Sweepstakes for direct marketing purposes of Sponsor and its related companies, for example, to market products and services of Sponsor and its related companies services. From time to time, Sponsor may contact Sweepstakes’ entrants with information and offers that Sponsor believes will be of interest to them.
Disclosure. Sponsor may share personal information collected in connection with the Sweepstakes with third-parties, who may use the information for direct marketing purposes to Sweepstakes’ entrants, and to provide Sweepstakes’ entrants with information and offers, which third parties may further share Sweepstakes’ entrants personal information with other third parties for such purposes. There may be other circumstances in which Sponsor may share or transfer personal information in its databases to a third party, for example, to comply with a legal requirement, for the administration of justice, or in the event of a merger, reorganization, dissolution or similar event.
Choice/Opt-Out. Entrants who do not wish to receive communications from Sponsor, except in connection with the Sweepstakes, and/or who prefer that Sponsor not share their personal information with third parties, may indicate their preference by clicking on the following link unsubscribe or by writing Sponsor at: Foundmoney.com Cash Giveaway Sweepstakes c/o FoundMoney.com 3422 Old Capital Trail, Suite 770, Wilmington, Delaware 19808-6192. Sponsor will use reasonable efforts to honor such requests. "Opting-out" will not affect an entrant’s chance of winning. Entrants must understand, however, that even if they "opt-out," they may still receive communications from Sponsor and/or third parties, for example, if Sponsor receives their contact information from another source or if Sponsor initiated the communication before Sponsor received their "opt-out" request, or if third parties received their contact information from Sponsor before Sponsor received the "opt-out" request or receive their contact information from another source.
Security. Sponsor will maintain reasonable practices to help protect the security, confidentiality and integrity of entrants’ personal information. Although no data or computer system is ever completely secure, these practices reduce the likelihood of damage to or improper disclosure of personal information.
Access and Corrections. Entrants who wish to access, correct or update their personal information should contact Sponsor at Foundmoney.com Cash Giveaway Sweepstakes c/o FoundMoney.com 3422 Old Capital Trail, Suite 770, Wilmington, Delaware 19808-6192. The entrant must provide enough information to permit Sponsor to identify his/her personal information and respond to his/her request. If Sponsor can accommodate a request without incurring significant expense, Sponsor will attempt to do so. Sponsor will not charge for complying with a correction or opt-out request, however, for all other requests, Sponsor may charge a small fee to cover its costs. Requests to correct or delete personal data are subject to any applicable legal or ethical reporting or document retention obligations imposed on Sponsor.
Additional Information. Questions regarding this Privacy Statement should be directed to Sponsor at Foundmoney.com Cash Giveaway Sweepstakes c/o FoundMoney.com 3422 Old Capital Trail, Suite 770, Wilmington, Delaware 19808-6192.
WINNER LIST:
Sweepstakes results and a copy of these Official Rules may be obtained by sending a separate, self addressed, stamped (#10) envelope to: FoundMoney.com Cash Giveaway Sweepstakes Winner Request, c/o FoundMoney.com 3422 Old Capital Trail, Suite 770, Wilmington, Delaware 19808-6192. Requests must be received within thirty (30) days of the applicable drawing date. Vermont residents may omit return postage.