BGR Official Rules
NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
The BGR Windows Phone 7 Sweepstakes (the “Sweepstakes”) is open only to legal residents of the fifty (50) United States and the District of Columbia who are at least thirteen (13) years old at the time of entry and able to provide a non PO Box mailing address if selected as winner. Employees of Boy Genius Report Inc., Mail.com Media Corporation, and their parent and affiliate companies as well as the immediate family (spouse, parents, siblings and children) and household members of each such employee are not eligible. Subject to all applicable federal, state, and local laws and regulations. Void in Puerto Rico and where prohibited. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor’s and Administrator’s decisions, which are final and binding in all matters related to the Sweepstakes. Winning a prize is contingent upon fulfilling all requirements set forth herein.
2. Sponsor and Administrator: Boy Genius Report, Inc., 9800 S. La Cienega Blvd, Inglewood, CA 90301.
The Sweepstakes begins on November 8, 2010 at 12:00 a.m. Eastern Time (”ET”) and ends on November 18, 2010 at 11:59 p.m. ET (the “Promotion Period”).
Administrator’s computer is the official time-keeping device for the Sweepstakes.
4. How to Enter
During the Promotion Period, visit http://www.BGR.com and leave a thoughtful, relevant, humorous or creative comment on the Windows Phone 7 article that announces this sweepstakes. You automatically will receive one (1) entry into the drawing for the applicable Entry Period.
Limit: Each participant may enter only once during the Promotion Period. Multiple entrants are not permitted to share the same email address. Comments deemed inappropriate will be subject to removal and will not be eligible for any prizes, in BGR’s sole discretion. Any attempt by any entrant to obtain more than the stated number of entries by using multiple/different email addresses, identities, registrations and logins, or any other methods will void that entrant’s entries and that entrant may be disqualified. Use of any automated system to participate is prohibited and will result in disqualification. In the event of a dispute as to any registration, the authorized account holder of the email address used to register will be deemed to be the registrant or player. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Each potential winner may be required to show proof of being the authorized account holder.
5. Prize Drawings
Administrator is the judging organization whose decisions as to the administration and operation of the Sweepstakes and the selection of the potential winners are final and binding in all matters related to the Sweepstakes. Administrator will randomly select the one (1) potential Sweepstakes from all eligible entries received during the applicable Entry Period, on or around the dates specified in Section 3 above. Winner will be notified by email via the address provided at the time of entry. If a potential winner cannot be contacted within 5 days, after a reasonable effort has been exerted, if s/he is found to be ineligible, if s/he cannot or does not comply with these Official Rules, or if his/her Prize or prize notification is returned as undeliverable, such potential winner will be disqualified and an alternate potential winner may be selected from the remaining eligible Entries, in Sponsor’s sole discretion. Potential winners must continue to comply with all terms and conditions of these Official Rules, and winning is contingent upon fulfilling all requirements. Prizes will be fulfilled approximately eight (8) to ten (10) weeks after the conclusion of the Sweepstakes.
6. Prizes/Odds of Winning
One (1) Windows Phone 7 valued at approximately $200.00 will be awarded to one (1) winner. ODDS of winning a Prize depends on the total number of eligible entries received during the Sweepstakes Period. Additional Prize conditions, limitations and restrictions may apply. Winner is solely responsible for all costs, incidentals, and any other expenses not specifically mentioned as being included, including but not limited to any required installation or requested product upgrades, options, service or extended warranties. Prize Winner (if a resident of a jurisdiction that deems the winner to be a minor, his/her parent or legal/guardian) will be responsible for any additional costs and incidentals associated with the prize. Prize winner will be mailed the respective prize at the address entered on the entry form or to the address given when notified of prize (if an address field was not available during entry). If winner cannot provide a non PO Box address, or if delivery is returned, Prizes will be forfeited and no additional compensation will be awarded in Sponsor’s sole discretion, and prizes will not be awarded to an alternate winner in accordance with this Sweepstakes Official Rules. Sweepstakes Entities are not responsible for delays in delivery of a Prize (or Prize components). All other expenses and items not specifically mentioned in these Official Rules are not included and are each winner’s sole responsibility. Prizes (or Prize components) may not be exchanged. No transfer, substitution or cash equivalent of a Prize (or Prize component) is permitted. Prizes (and Prize components) are subject to availability and substitution with a Prize of equal or greater retail value if a Prize (or Prize component) is unavailable or cannot be awarded for any reason; at Sponsor’s and Sweepstakes administrator’s sole discretion. The value of the Prizes set forth above represents Sponsor’s and Sweepstakes administrator’s good faith determination of the ARV thereof and cannot be challenged or appealed. In the event the ARV of a Prize (or Prize component) is more than the actual retail value of the Prize (or Prize component); the difference will not be awarded in cash or otherwise. Any depictions of Prizes are for illustrative purposes only. All federal, state, local or other taxes including, without limitation, income taxes are sole responsibility of the winner. Sweepstakes administrator is not the guarantor of the Prizes.
By receipt of any prize, winner agrees to release and hold harmless Sponsor, Administrator, and their respective subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and prize suppliers, and each of their respective parent companies and each such company’s officers, directors, employees and agents (collectively, the “Released Parties”) from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Sweepstakes or receipt or use or misuse of any prize.
Except where prohibited, participation in the Sweepstakes constitutes winner’s consent to Sponsor’s and its agents’ use of winner’s name, likeness, photograph, voice, opinions and/or hometown and state for promotional purposes in any media, worldwide, without further payment or consideration.
9. General Conditions
Sponsor reserves the right to cancel, suspend and/or modify the Sweepstakes, or any part of it, if any fraud, technical failures or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Sweepstakes, as determined by Sponsor in its sole discretion. 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 any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Sweepstakes may be 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.
10. Limitations of Liability
The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Sweepstakes; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Sweepstakes; (4) technical or human error which may occur in the administration of the Sweepstakes or the processing of entries; (5) late, lost, undeliverable, damaged or stolen mail; or (6) any injury 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 or misuse of any prize. If for any reason an entrant’s entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another entry in the Sweepstakes, provided that, if it is not possible to award another entry due to discontinuance of the Sweepstakes, or any part of it, for any reason, Sponsor, in its sole discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any or all of the prizes offered herein. No more than the stated number of prizes will be awarded. In the event that production, technical, seeding, programming or any other reasons cause more than the stated number of prizes as set forth in these Official Rules to be available and/or claimed, Sponsor reserves the right to award only the stated number of prizes by a random drawing among all legitimate, un-awarded, eligible prize claims.
Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate California State Court located in Los Angeles County, California; (2) 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 (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, 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. 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 California without giving effect to any choice of law or conflict of law rules (whether of the State of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of California.
12. Entrant’s Personal Information