NEOLANE, INC. – SMART™ CAR GIVAWAY Rules and Regulations
TO ENTER: NO PURCHASE NECESSARY. To enter the smart ™ car Giveaway (referred to as “Giveaway” here) via the internet, go to: http://events.neolane.com/DMA2011/. In order to be valid, entries must be received prior to 3:55pm EST on Tuesday, October 4, 2011.
CONDITIONS OF ENTRY: Valid entries must be submitted via the internet or in person at Booth #1420 at the DMA 2011 conference in Boston, MA between the times/dates of Sunday, October 2, 2011 at 3pm until October 4, 2011 at 3:55pm EST.
Incomplete entries are void. By entering, entrants acknowledge compliance with these Official Rules, including all eligibility requirements. All Eligible Entries (as defined below) will be included in the prize drawing. Internet entries will be deemed to have been submitted by the authorized account holder of the email address or telephone number submitted at the time of entry. “Authorized account holder” is defined as the natural person who is assigned to an email address or telephone number by an internet access provider, online service provider, telephone company or other organization that is responsible for assigning email addresses for the domain associated with the submitted email address or telephone numbers. An authorized account holder may enter once. No mechanically reproduced names will be accepted.
All entries become the property of Neolane, Inc and will not be returned. Neolane, Inc., its affiliates, subsidiaries and divisions, and their respective directors, officers, employees and agents, including, without limitation, any advertising and promotion agencies, and telephone network or service providers thereof, are not responsible for the validity or invalidity of any entry, including, without limitation, any incorrect or inaccurate transcription of entry information, or for any human error, technical malfunctions, lost or delayed data transmission, omission, interruption, deletion, defect, line failures of any telephone network, computer equipment, software, inability to access the Web site or online service, or any other error of malfunction or late, lost, postage due, illegible or misdirected entries. Entry materials that have been tampered with or altered are void.
NEOLANE, INC. SHALL NOT BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER RESULTING FROM (I) YOUR ENTERING THE SWEEPSTAKES, (II) THE AWARDING, RECEIPT, OR USE OR MISUSE OF THE PRIZE, (III) PARTICIPATION IN THE SWEEPSTAKES OR ANY PRIZE-RELATED ACTIVITIES, OR (IV) ANY AND ALL OTHER DAMAGES, REGARDLESS OF THE FORM OF THE ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT PRODUCT LIABILITY OR OTHERWISE, EVEN IF ANY REPRESENTATIVE OF NEOLANE, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL NEOLANE, INC. TOTAL LIABILITY TO YOU OR ANY OTHER PERSON OR ENTITY ARISING OUT OF OR RELATING TO THE SWEEPSTAKES EXCEED ONE UNITED STATES DOLLAR (US$1.00).
SELECTION OF WINNER: Neolane, Inc. will determine in its sole discretion which entries are valid entries and whether the entries otherwise meet the eligibility requirements set forth in these Official Rules (“Eligible Entries”). On October 4, 2011, Neolane, Inc. will randomly draw winners from all Eligible Entries. The winners are not determined until the random drawing. All decisions of Neolane Inc. regarding the selection of the winners are final. An entrant need not be present at the drawing to win. The winner of the smart ™ car will be announced at the event and notified via phone and/or email using the information provided on such winner’s entry. Neolane, Inc. is not responsible for unsuccessful efforts to notify a winner, including, without limitation, by reason of any inaccurate information or transmission failure that results’ in the failure to identify or contact a winner. Winners provided notice will be given 10 business days from the day notice is sent to claim the prize by responding as provided in the notice. A winner’s failure to respond as provided in the notice within the specified 10 business days will be deemed a forfeiture of the prize. In the event of such a forfeiture or in the event a winner is found to be ineligible, Neolane Inc. may randomly draw an alternate winner from the pool of Eligible Entries. The names of the winners will appear on www.neolane.com.
PUBLICITY: Except where prohibited by law, winner’s acceptance of a prize will constitute permission for Neolane Inc., its affiliated companies and sponsors to use the winner’s name, likeness and statements for promotional purposes in reference to the Giveaway without additional compensation, consideration or consent and without further notice to the winner.
PRIZE: The number of Eligible Entries received during the Giveaway period determines the odds of winning a prize. One (1) prize shall be awarded to one (1) winner. The prize is as follows with a total approximate retail value (“ARV”) of US$16,590. • 2011 smart passion coupe
Neolane, Inc. reserves the right to substitute the prize with a similar prize of equal or greater value or with the equivalent cash value. The prize will be issued to the winner when Neolane, Inc. has determined that the winner has submitted an Eligible Entry and has otherwise complied with the Official Rules, the winner has responded to the notice timely and in the manner provided therein and the winner’s address (and other information deemed necessary by Neolane, Inc.) has been confirmed. The prize is not transferable or assignable, nor is the prize redeemable for cash. All costs and fees, including, federal, state, local or other applicable taxes, charges and incidental costs, if any, will be paid for by Neolane, Inc.
RELEASE AND DISCLAIMER OF WARRANTIES: By entering this Giveaway and/or accepting the prize, entrant and/or winner agrees to, and hereby does, release Neolane, Inc., its parent companies, subsidiaries, affiliates and divisions, and their respective directors, employees, officers and agents, including, without limitation, any advertising and promotion agencies and telephone network or service providers thereof, from any and all liability, loss or damage arising from or in connection with participation or attempt to participate in the Giveaway and/or the awarding, receipt, use or misuse of the prize or participation in any prize related activities, and claims based on publicity rights, defamation or invasion of privacy. Neolane, Inc. and its parent companies, subsidiaries, affiliates and divisions, and their respective directors, officers, employees, attorneys, representatives and agents make no warranties, and hereby disclaim all warranties, express or implied, concerning any prize furnished or awarded in connection with the Giveaway. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SUCH PRIZES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND THE GAME ENTITIES HEREBY DISCLAIM ALL SUCH WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NONINFRINGEMENT.
ELIGIBILITY: The Sweepstakes is open only to persons who are at least 18 years of age or over at the time of entry and a legal resident of, and currently living in, the United States. This offer is void where prohibited or restricted by law and is subject to all applicable federal, state and local laws and regulations. Employees of Neolane, Inc. and their immediate family members and those living in the same household are not eligible to participate in the Giveaway.
AGREEMENT TO OFFICIAL RULES AND DISPUTES By entering into and participating in this Giveaway, each entrant accepts the conditions stated in these Official Rules, agrees to be bound by the decisions of Neolane, Inc. and its representatives regarding the Sweepstakes, and warrants that he or she meets the eligibility requirements set forth in these Official Rules. By entering into and participating in this Sweepstakes, each entrant also agrees that: (i) Any and all disputes, claims and causes of action arising out of or connected with this Giveaway, or any prizes 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 Massachusetts or the appropriate Massachusetts State Court; (ii) 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 (iii) 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 damage, 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 LIMITATIONS 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 Official Rules, or the rights and obligations of the entrant and Neolane, Inc. in connection with the Giveaway, shall be governed by, and construed in accordance with, the laws of the State of Massachusetts, without giving effect to any choice of law or conflict of law rules, which would cause the application of the laws of any\ jurisdiction other than the State of Massachusetts.