E-Z Photo Scan
“The Great American Kodak Photo Scanner” Giveaway
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING.
SPONSOR/ADMINISTRATOR: The Sweepstakes is sponsored by: E-Z Photo Scan, powered by i/o Trak, Inc.(the “Sponsor”) and administered by American Sweepstakes & Promotion Company, 300 State St. Suite 402 Rochester, NY 14614 (the “Administrator”).
ELIGIBILITY: E-Z Photo Scan “The Great American Kodak Photo Scanner” Giveaway (the “Sweepstakes”) is open and offered only to legal U.S. legal residents or citizens (“Legal Residents”) of the United States of America (collectively “USA”), who currently reside in the USA and who are the age of majority (as determined by the State of their legal residence) or older at the time of entry. Employees of Sponsor and Administrator, their immediate families (parent, child, sibling or spouse) and/or household members and any other persons or entities associated with this promotion are ineligible to enter or win. Void where prohibited by law.
AGREEMENT TO OFFICIAL RULES: By participating, Entrants agree to abide by and be bound by these Official Rules and the decisions of the Sponsor, which are final and binding in all matters relating to the Sweepstakes. Winning a prize is contingent upon fulfilling all requirements set forth herein.
HOW TO ENTER: The Sweepstakes begins at 12:00:01 a.m. Eastern Standard Time (“EST”) on November 15, 2012 and ends at 11:59:59 p.m. EST on December 10, 2012 (“Sweepstakes Period”). Eligible Entrants can enter the Sweepstakes during the Sweepstakes Period by completing the online registration form available at www.EZPhotoScanning.com/giveaway (the “Website”). Each Entrant will be required to provide their name, complete mailing address, date of birth, phone number, and e-mail address. All entries must be received by 11:59:59 p.m. EST on December 10, 2012. Limit one (1) entry person per all required information during each 24-hour period of the Sweepstakes Period. Sponsor reserves the right to disqualify any person or Entrant’s required information that is submitted more than maximum allowed entries.
All required information must be provided to enter and to be eligible to win. Incomplete entries will be disqualified. Proof of entering information at the Website is not considered proof of delivery to or receipt by Sponsor of an entry. Internet entries must be made by the Entrant only at the Website. Entries made by any other individual or any entity, and/or originating at any other web site or e-mail address, including, but not limited to, commercial Sweepstakes subscription notification and/or entering service sites, will be declared invalid and disqualified for this Sweepstakes. The use of automated entry devices is prohibited. Released Parties (as defined below) are not responsible for: late, incomplete, incorrect, delayed, garbled, undelivered, or misdirected entries. All entries become the exclusive property of Sponsor and will not be acknowledged or returned. By participating, you consent for Sponsor to obtain, use, and transfer your name, address and other information for the purpose of administering this Sweepstakes and for other purposes as set forth below.
RELEASE AND LIMITATIONS OF LIABILITY: By participating in the Sweepstakes, Entrants agree to release and hold harmless the Sponsor, the Administrator, and their respective parent companies, employees, officers, directors, volunteers, members, subsidiaries, affiliates, distributors, sales representatives, advertising and promotional agencies (collectively, the “Released Parties”) from and against any claim, action, injury, loss, damage or cause of action arising out of or relating to participation in the Sweepstakes, acceptance or receipt of any prize, use or misuse of any prize, or participation in any prize-related activity, including, but not limited to: (a) any technical errors that may prevent an Entrant from submitting an entry; (b) unauthorized human intervention in the Sweepstakes; (c) errors in the administration of the Sweepstakes or the processing of entries; or (d) injury, death, or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from Entrant’s participation in the Sweepstakes or receipt or use of any prize. Released Parties assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, theft or destruction or unauthorized access to, or alteration of, entries. Entrant further agrees that in any cause of action, the Released Parties’ liability will be limited to the cost of entering and participating in the Sweepstakes, and in no event shall the Released Parties be liable for attorney’s fees. Entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages.
DRAWING AND NOTIFICATION: The potential Grand Prize Winners will be selected in a random drawing from among all eligible entries received by the Administrator whose decisions are final and binding. The Grand Prize drawing will be conducted on or about December 12, 2012. Odds of winning will depend on the total number of eligible entries received throughout the Sweepstakes Period. The potential Grand Prize Winners will be contacted by phone, email and/or a USPS mail package of prize confirmation.
PRIZES: There will be two (2) Grand Prizes awarded following the conclusion of the Sweepstakes Period. Each Grand Prize Winner, upon verification of eligibility, will receive a Kodak Picture Saver Scanner Model PS 50 that has an Approximate Retail Value (“ARV”) $2,195. Total prize pool $4,390.
ALL EXPENSES OR COSTS ASSOCIATED WITH ACCEPTANCE OF THE GRAND PRIZE NOT MENTIONED HEREIN ARE THE SOLE RESPONSIBLITIY OF THE GRAND PRIZE WINNERS. THE GRAND PRIZE WINNERS WILL NOT HAVE THE RIGHT TO SUBSTITUTE ANOTHER PRIZE PACKAGE. ANY DIFFERENCE BETWEEN THE STATED ARV OF ANY PRIZE AND THE ACTUAL VALUE OF SUCH PRIZE WILL NOT BE AWARDED. ANY UNCLAIMED PRIZE WILL NOT BE AWARDED. The Sponsor reserves the right at its sole discretion to substitute any prize package with another prize of equal or greater value.
ADDITIONAL PRIZE CONDITIONS: All local, state and federal taxes are the sole responsibility of the Grand Prize Winner. Upon initial notification and verification of the Grand Prize, confirmation will be sent to the aforementioned winner via U.S. mail, or other home delivery service of Sponsor’s choice. The Grand Prize Winners will each be required to sign an Affidavit of Eligibility and Liability / Publicity Release and return it within ten (10) days of written notification by mail or prize may be forfeited and an alternate potential winner selected. If a prize or prize notification is returned as unclaimed or undeliverable to a potential winner, if potential winner cannot be reached within three (3) calendar days from the first notification attempt, if potential winner fails to return requisite document within the specified time period, or if a potential winner is not in compliance with these Official Rules, then such person shall be disqualified and an alternate winner may be selected for the prize at issue. The potential Grand Prize Winners are subject to verification before any prize will be awarded.
GENERAL: By accepting the Grand Prize, where permitted by law, the Grand Prize Winner grants to the Released Parties and those acting pursuant to the authority of Sponsor and the Released Parties (which grant will be confirmed in writing upon Sponsor’s request), the right to print, publish, broadcast and use worldwide IN ALL MEDIA without limitation at any time a Grand Prize Winner’s full name, portrait, picture, voice, likeness and/or biographical information for advertising, trade and promotional purposes without further payment or additional consideration, and without review, approval or notification. IN NO EVENT WILL RELEASED PARTIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND (INCLUDING WITHOUT LIMITATION, LOSS PROFIT, CLAIMS OF THIRD PARTIES, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES) ARISING OUT OF PARTICIPATION IN THIS SWEEPSTAKES OR THE ACCEPTANCE, POSSESSION, USE, OR MISUSE OF, OR ANY HARM RESULTING FROM THE ACCEPTANCE, POSSESSION, USE OR MISUSE OF THE PRIZES. By participating, Entrants release and agree to hold harmless the Released Parties from any and all liability for any injuries, death or losses or damages to persons or property AS WELL AS CLAIMS/ACTIONS BASED ON PUBLICITY RIGHTS, DEFAMATION, AND/OR INVASION OF PRIVACY that may arise from participating in this Sweepstakes or its related activities or the acceptance, possession, use or misuse of, or any harm resulting from the acceptance, possession, use or misuse of the Prize(s). The Grand Prize Winners also acknowledge that Released Parties have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to the Prize.
DISPUTES: By entering the Sweepstakes, Entrants agree that 1.) Any and all disputes, claims, and causes of action arising out of or connected with the Sweepstakes, or any prizes awarded, shall be resolved individually, without resort to any form of class action; 2.) Any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Sweepstakes but in no event attorneys' fees; and 3.) Under no circumstances will any Entrant be permitted to obtain any award for, and Entrant hereby waives all rights to claim, punitive, incidental or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the Entrants and Sponsor or the Released Parties in connection with the Sweepstakes, shall be governed by, and construed in accordance with United States law. Any legal proceedings arising out of this Sweepstakes or relating to these Official Rules shall be instituted only in the federal or state courts of Florida, and the parties consent to jurisdiction therein with respect to any legal proceedings or disputes of whatever nature arising under or relating to these Official Rules. The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. The value of the prizes set forth above represents Sponsor’s good faith determinations of the ARV thereof and such determinations are final and binding and cannot be appealed. If the actual value of any prize turns out to be less than the stated ARV, the difference will not be awarded in cash.
WINNERS LIST REQUEST: To request confirmation of the names and addresses of the Grand Prize Winner, please send a self-addressed, stamped business size envelope, by January 31, 2013, to: ASC/EZ Photo Scan “The Great American Kodak Photo Scanner” Giveaway Winners List Request, 300 State St., Suite 402, Rochester, NY 14614.