VII. General Conditions
In order to receive any prize, a winning Participant must, within five (5) days after the notification to winning Participants is sent by Organizer, return to Organizer the completed, executed and notarized Affidavit of Eligibility and completed and executed Liability Release and Publicity Consent Form.
Any winning Participant’s failure to return timely and complete documents, or if the prize notification or the prize is returned as non-deliverable, may result in disqualification and forfeiture of the prize, with an alternate winner selected from the remaining, valid, eligible Submissions. Any winning Participant may also be disqualified if found not to be in compliance with these Official Rules or otherwise ineligible. Disqualification and choosing an alternate winner or winners is in Organizer’s sole discretion.
By participating in the Promotion and/or winning any prize, each prize winner, where permitted by law, grants Organizer, and to those acting pursuant to Organizer’s control, the right to use the winner’s name, portrait, photo, picture, voice, likeness, entry and statements attributed to winner (if true) and biographical information as news or information and for advertising, trade and promotional purposes in print, publications, broadcast, or any and all other media as Organizer sees fit, including but not limited to the Promotion Site, Organizer’s Web properties and any third party Web properties through which Organizer sells and/or delivers advertising and/or makes content available, without additional consideration and without notification, review, or approval.
In its sole discretion, Organizer reserves the unilateral right to disqualify any person it finds to be tampering with the Promotion, the Promotion Site, any related Organizer Web site, these Official Rules or any of the other policies mentioned or referenced herein.
If Organizer suspects that any Participant may have engaged in fraudulent activity in any manner related to this Promotion, Organizer may suspend or terminate the Participant’s right to take part in this Promotion. Any use of programmed, automatic, macro or like methods in either completing or assisting to send Submissions is prohibited and any Participant using any such methods shall be disqualified.
The incorrect or inaccurate capture of information or the failure to capture such information, whether caused by any Participant or any third party or by any equipment, programming, product, good or service used in association with the Promotion, is not Organizer’s responsibility. Organizer is not responsible for injury or damage to Participant's computer (or any other computer that he/she may use) related to or resulting from participation in the Promotion in any manner.
In the event that any provision of this Agreement shall, in whole or in part, be determined by a court of competent jurisdiction to be invalid, unenforceable, or void for any reason, such determination shall not affect in any way the remainder of any other provision of this Agreement. This Agreement constitutes the entire agreement between the parties with regard to the subject matter hereof and supersedes all understandings and agreements, whether written or oral, as to such subject matter.
Any waiver by the Organizer shall not constitute a waiver or any other or subsequent default or breach, and Organizer’s failure to act with respect to a breach by any Participant does not constitute a waiver of Organizer’s right to act with respect to subsequent or similar breaches.
ORGANIZER, ITS PARENTS, AFFILIATES, SUBSIDIARIES AND RELATED COMPANIES, ITS advertising and promotion clients, ITS advertising and promotion agencies, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, RESPRESENTATIVES, ATTORNEYS OR AGENTS ("RELEASED PARTIES") IN NO EVENT SHALL BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, compensatory, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE ARISING OUT OF PARTICIPANT'S ACTIVITIES THAT ARE IN ANY MANNER RELATED TO THIS PROMOTION, ACCESS OR USE OF ANY WEB SITE MAINTAINED BY OR FOR ORGANIZER OR THE DOWNLOADING OF ANY MATERIAL. WITHOUT LIMITING THE FOREGOING, EVERYTHING RELATED TO THIS PROMOTION AND ANY WEB SITE MAINTAINED BY OF FOR ORGANIZER IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIONAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO EVERY PARTICIPANT. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors, and permitted assigns. This Agreement may be assigned in whole or in part, without consent, by Organizer to any person, partnership, corporation, or any other entity that succeeds to Organizer’s business or which has purchased all or substantially all of the Organizer’s assets. Participant may not assign its rights or delegate its obligations under the Agreement, and any such attempted assignment or delegation shall be void and of no effect.
By entering, each Participant agrees that Organizer shall not be responsible for any of the following: (a) typographical or other errors in the printing of the offer, administration of the Promotion or in the announcement of any prize or the winner; (b) computer system, phone line, hardware, software or program malfunctions, or other errors, failures or delays in computer transmissions or network connections that are human or technical in nature; (c) incorrect or inaccurate entry/transaction information whether caused by Internet users or by any of the equipment or programming associated with or utilized in the Promotion or by any technical or human error which may occur in the transmission, receipt or processing of the entries/transactions; (d) lost, late, damaged, misdirected or incomplete entries/transactions, or for entries/transactions submitted in a manner that is not specified in these rules; (e) any injury or damage to a Participant's or any other person's computer related to or resulting from participating in this Promotion.
CAUTION: ANY ATTEMPT BY A PARTICIPANT TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS PROMOTION MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, ORGANIZER RESERVES THE RIGHT TO DISQUALIFY SUCH PARTICIPANT AND TO SEEK DAMAGES FROM SUCH PARTICIPANT TO THE FULLEST EXTENT PERMITTED BY LAW.
VIII. Governing Law; Arbitration
These Official Rules shall be governed by and interpreted in accordance with the laws of the State of California (without reference to its choice of law principles), which shall take priority over any foreign laws, rules and regulations.
Except where prohibited, as a condition of participating in the Promotion, Participant agrees that any and all disputes which cannot be resolved between the parties, claims and causes of action arising out of or connected with this Promotion, or any prizes awarded, or the determination of any prize winner shall be resolved individually, without resort to any form of class action, and exclusively by arbitration pursuant to the commercial arbitration rules of Judicial Arbitration and Mediation Services, Inc., then effective, in San Francisco, California. Further, in any such dispute, claim or cause of action, under no circumstances will Participant be permitted to obtain awards for, and hereby waives all rights to claim indirect, 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.
IX. Restricted Activities
Participant shall comply with all applicable domestic and international laws, statutes, ordinances, and regulations (including, but not limited to, exporting or importing goods, consumer protection, or unfair competition) regarding the use of Organizer’s service and participation in this Promotion.
X. Personal Information
XI. Percentage of Winners in Most Recent Promotion; List of Promotion Winner(s); Copy of Official Rules
For a statement of the actual number of entrants and the percentage of resulting winner(s) in Six Apart’s most recent promotion, mail a self-addressed stamped envelope to:
Attn: Percentage of Past Winners
Six Apart Ltd.
For a list of the Promotion winner(s) and their associated prize(s) and a copy of the winning Submission(s), mail a self-addressed stamped envelope to:
Attn: Winners List; “The Sims 3” Promotion
Six Apart Ltd.
For a copy of these Official Rules, mail a self-addressed stamped envelope to:
Attn: Official Rules; “The Sims 3” Promotion
Six Apart Ltd.
XII. Organizer’s Address
Six Apart Ltd.