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https://promo.caffeinenow.com/alt/ga01iw20070517
MEGA SHOT INSTANT WIN CHALLENGE
OFFICIAL RULES
NO PURCHASE NECESSARY. VOID IN QUEBEC AND WHERE PROHIBITED.
FOR PERSONS WHO ENTER THE INSTANT WIN GAME THROUGH THIS PROMOTION SITE, THESE RULES GOVERN ALL ASPECTS OF PARTICIPATION AND PRIZE AWARD.
1. Introduction. Mega Shot Instant Win Challenge ("Instant Win Game") is sponsored by ePrize LLC, One ePrize Drive, Pleasant Ridge, Michigan 48069 ("Sponsor"). The Instant Win Game may be promoted and accessed via multiple customers of Sponsor ("Promoters") through any number of different Web sites ("Promotion Sites"). The Promoter of this Promotion Site is ePrize. The odds of winning a prize depend on the number of eligible plays received during the Promotion Period divided by the number of prizes set forth below. The particular Promotion Site through which a participant accesses the Instant Win Game has no impact on the odds of winning.
ONLY ONE (1) PRIZE PER MONTH AND ONE (1) PRIZE PER DAY WILL BE AWARDED IN THE INSTANT WIN GAME REGARDLESS OF THE NUMBER OF PROMOTION SITES THAT OFFER THE INSTANT WIN GAME.
2. Timing. The Instant Win Game begins on April 1, 2008 at 8:00:01 a.m. United States Eastern Time ("ET") and ends on September 30, 2008 at 5:00:01 p.m. ET ("Promotion Period"). For purposes of this Instant Win Game, a "day" is a calendar day in the U.S. Eastern Time Zone, except for the start time of the first day and end time of the last day which are as set forth above. Sponsor's computer is the official time keeping device for the Instant Win Game. Promoters may promote the Instant Win Game for various time periods in accordance with their agreements with Sponsor. The number of Promoters offering the Instant Win Game through Promotion Sites may vary throughout the Promotion Period.
3. Eligibility. The Instant Win Game is open to legal residents of the 50 United States (including the District of Columbia), Canada (excluding Quebec), Mexico and the United Kingdom age 18 and older at the time of entry. Void in Quebec and where prohibited. Employees, officers and directors of Sponsor and Promoters, their respective parents, subsidiaries, and agents, as well as the immediate family (defined as parents, spouses, children, siblings and grandparents) and household members of each such employee, officer and director are not eligible. By entering, entrants agrees to abide by these Official Rules and the decisions of Sponsor, which are final and binding in all respects. All applicable federal, state, provincial, and local laws apply.
4. To Enter and Play. Visit http://promo.caffeinenow.com//alt/ga01iw20070517, any other Promotion Site's landing page, or http://promo.caffeinenow.com/alt/ga01iw20080401 and follow the links and instructions to complete the registration form. It is required that you install Macromedia Flash Player on your computer (if you do not already have it) when prompted. Installation is free. Complete and submit the registration form, including a valid home address. P.O. Boxes are not permitted. Once you submit the form, follow the directions to advance to the Instant Win Game page and to play the Instant Win Game. Entrants will be notified immediately by email if they are potential winners of the Instant Win Game and will be provided directions for validation. All potential winners are subject to verification before any prize will be awarded. Sponsor is responsible for the functionality of the Instant Win Game. Limit: Participants may play through the ePrize Promotion Site (http://promo.caffeinenow.com//alt/ga01iw20070517) one (1) time per day up to a total of unlimited (Unlimited) game plays during the Promotion Period. Multiple participants are not permitted to share the same email address. Any attempt by any participant to obtain more than the stated number of plays by using multiple/different email addresses, identities, registrations and logins, or any other methods will void that participant's plays and that participant may be disqualified.
Use of any automated system to participate is prohibited and will result in disqualification. Sponsor is not responsible for lost, late, incomplete, invalid, unintelligible or misdirected registrations, which will be disqualified. In the event of a dispute as to any registration or play, the authorized account holder of the email address used to register will be deemed to be the registrant or player. Potential winners may be required to show proof of being the authorized account holder. The "authorized account holder" is the natural person assigned to an email address by an Internet service provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address.
You may access the Instant Win Game through more than one Promotion Site.
5. ALL POTENTIAL WINNING PLAYS ARE SUBJECT TO VERIFICATION BY SPONSOR, WHOSE DECISIONS ARE FINAL AND BINDING. AN ENTRANT IS NOT A WINNER OF ANY PRIZE, EVEN IF THE INSTANT WIN GAME SHOULD SO INDICATE, UNLESS AND UNTIL ENTRANT'S ELIGIBILITY AND THE POTENTIAL WINNING PLAY HAS BEEN VERIFIED AND ENTRANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE. SPONSOR WILL NOT ACCEPT SCREEN SHOTS OR OTHER EVIDENCE OF WINNING IN LIEU OF ITS VALIDATION PROCESS. ANY PLAY THAT OCCURS AFTER THE SYSTEM HAS FAILED FOR ANY REASON IS DEEMED A DEFECTIVE PLAY AND IS VOID AND WILL NOT BE HONORED.
6. Instant Win Prize Selection and Verification of Potential Winners: All selected potential winners must comply with all terms and conditions of these Official Rules, and all winnings are contingent upon fulfilling all requirements. Sponsors decisions as to the administration and operation of the Instant Win Game and the selection of potential winners are final and binding in all matters related to the Instant Win Game. There will be One Hundred Eight-Nine (189) random, computer-generated winning times, one (1) winning time per calendar month for the Grand Prize and one (1) winning time per day for the First Prize, during the Promotion Period. If you are the first player to play the Instant Win Game at or after one of the randomly generated times, you will be a potential instant winner of the prize indicated. Except where prohibited, the potential Grand Prize winners (or parent/legal guardian if winner is a minor in his/her jurisdiction of residence) will be required to sign and return to Sponsor, within fourteen (14) days of the date notice or attempted notice is sent, an affidavit of eligibility and liability/publicity release (or Declaration of Compliance, if Canadian, Mexican or UK resident) in order to claim his/her prize and fulfill any such other requirements as determined by Administrator. If a Canadian resident, the potential winner of any prize will be required to correctly answer a time-limited skill testing question without any assistance in order to be eligible to receive a prize. If the potential winner is a Canadian resident and the question is answered incorrectly, the prize will be forfeited. If a potential Grand Prize winner cannot be contacted within fourteen (14) days of the first attempt to contact him/her or if he/she fails to sign and return the affidavit of eligibility and liability/publicity release (or Declaration of Compliance), if applicable, within the required time period, an alternate entrant will be selected in his/her place at random from among all eligible entries received throughout the Promotion Period. There will be three (3) alternate drawings after which, if a winner cannot be located or identified, the Grand Prize will remain unawarded. Unclaimed First Prizes will not be awarded. Winners will receive their prizes 8-10 weeks after the conclusion of the Instant Win Game.
7. Prizes. SIX (6) GRAND PRIZES (1 per month): The prize for which an entrant is eligible depends on the Promotion Site through which he/she entered. Accordingly, the Grand Prize for a winner who entered through this Promotion Site will be: Xbox 360® with games; included games determined by Sponsor in its sole discretion. Approximate Retail Value ("ARV"): $1,000 USD. The ARV is subject to price fluctuations in the consumer marketplace based on, among other things, any gap in time between the date the ARV is estimated for purposes of these Official Rules and the date the prize is awarded or redeemed. ONE HUNDRED EIGHTY-THREE (183) FIRST PRIZES (1 per day): The prize for which an entrant is eligible depends on the Promotion Site through which he/she entered. Accordingly, the First Prize for a winner who entered through this Promotion Site will be: 24-Disc case and CD's; disc case and CD's determined by Sponsor in its sole discretion. ARV: $25 USD. For all prizes: No substitution, assignment or transfer of prize permitted, except by Sponsor and Promoters, who reserve the right to substitute a prize with another prize of greater or equal value. Winners are solely responsible for any and all applicable fees and taxes associated with prize receipt and use. TOTAL ARV OF ALL PRIZES: $10,575 USD. Limit: one (1) Instant Win Game prize per person.
8. Publicity. Except where prohibited, participation in the Instant Win Game constitutes winner's consent to the Promoter whose Promotion Site through which the winner entered as well as Sponsor's use of winner's name, likeness, voice, opinions, hometown, state/province/territory and country for promotional purposes in any media without further payment or consideration.
9. General Conditions. Sponsor reserves the right, in its sole discretion, to cancel, modify or suspend the Instant Win Game should virus, bug, unauthorized human intervention, technical failures or any other factor beyond Sponsor's reasonable control corrupt the administration, security, fairness, integrity or proper operation of the Instant Win Game. In such event, Sponsor reserves the right to award the prize at random from among the eligible entries received up to the time of impairment. Sponsor reserves the right in its sole discretion to disqualify any individual it determines to be tampering with the entry process or the operation of this or any other Instant Win Game or to be acting in violation of these Official Rules or those of any other Instant Win Game, or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately damage Sponsor's or any Promotion Site or to undermine the legitimate operation of this Instant Win Game may be a violation of criminal and civil laws, and, should such an attempt be made, Sponsor and Promoters reserve 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. Release. Except for residents of the United Kingdom with respect to claims resulting from death or personal injury, by accepting any Instant Win Game prize, winner agrees that Sponsor and Promoters, their respective parents, subsidiaries and affiliated companies, and the agents, employees, directors and officers of these companies ("Released Parties"), are not liable whatsoever for any injuries, losses or damages of any kind resulting in whole or in part, directly or indirectly, from the acceptance, possession, use or misuse of any prize or from winner's participation in the Instant Win Game.
11. Limitations of Liability. Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether or not caused by entrants, language on Promotion Sites, printing errors or by any of the equipment or programming associated with or utilized in conjunction with the Instant Win Game; (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 Instant Win Game; (4) technical or human error which may occur in the administration of the Instant Win Game or the processing of entries; or (5) 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 Instant Win Game 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 Instant Win Game, provided that if it is not possible to award another entry due to discontinuance of the Instant Win Game, or any part of it, for any reason, Sponsor, at its 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 event that production, technical, seeding, programming or any other reasons cause more than 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, unawarded, eligible prize claims.
12. Disputes. Entrant agrees that: (1) any and all disputes, claims, and causes of action arising out of or connected with this Instant Win Game, or any prizes awarded, other than the administration of the Instant Win Game or the determination of winners shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the Eastern District of Michigan (Southern Division) or the appropriate Michigan State Court located in Oakland County, Michigan, U.S.A.; (2) any and all claims, judgments and awards shall be limited to actual out of pocket costs incurred, including costs associated with entering this Instant Win Game 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 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 THE LIMITATION 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 entrant, Sponsor and Promoter in connection with the Instant Win Game shall be governed by, and construed in accordance with, the laws of the State of Michigan, U.S.A., without giving effect to any choice of law or conflict of law rules of provisions (whether of the State of Michigan, U.S.A., or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Michigan, U.S.A.
13. Data Collection. Participation in the Instant Win Game implies authorization to transfer personal data to the United States for purposes of administration of the Instant Win Game. Sponsor collects personal information from you when you enter the Instant Win Game. The information collected is subject to Sponsor's Privacy Policy, located at http://www.caffeinenow.com/privacypolicy.html. In the event that ePrize has a privacy policy, information collected is also subject to that privacy policy which, if applicable, may be found at found at www.eprize.com or requested through Drew Bennett, 1 ePrize Dr., Pleasant Ridge, MI, 48069-1222.
14. Winner's List/Official Rules. For the winner list, send an email with Subject Line: "C – Mega Shot Instant Win Challenge, Winner List Request," to [email protected]. Requests must be received by January 31, 2009
MEGA SHOT INSTANT WIN CHALLENGE
OFFICIAL RULES
NO PURCHASE NECESSARY. VOID IN QUEBEC AND WHERE PROHIBITED.
FOR PERSONS WHO ENTER THE INSTANT WIN GAME THROUGH THIS PROMOTION SITE, THESE RULES GOVERN ALL ASPECTS OF PARTICIPATION AND PRIZE AWARD.
1. Introduction. Mega Shot Instant Win Challenge ("Instant Win Game") is sponsored by ePrize LLC, One ePrize Drive, Pleasant Ridge, Michigan 48069 ("Sponsor"). The Instant Win Game may be promoted and accessed via multiple customers of Sponsor ("Promoters") through any number of different Web sites ("Promotion Sites"). The Promoter of this Promotion Site is ePrize. The odds of winning a prize depend on the number of eligible plays received during the Promotion Period divided by the number of prizes set forth below. The particular Promotion Site through which a participant accesses the Instant Win Game has no impact on the odds of winning.
ONLY ONE (1) PRIZE PER MONTH AND ONE (1) PRIZE PER DAY WILL BE AWARDED IN THE INSTANT WIN GAME REGARDLESS OF THE NUMBER OF PROMOTION SITES THAT OFFER THE INSTANT WIN GAME.
2. Timing. The Instant Win Game begins on April 1, 2008 at 8:00:01 a.m. United States Eastern Time ("ET") and ends on September 30, 2008 at 5:00:01 p.m. ET ("Promotion Period"). For purposes of this Instant Win Game, a "day" is a calendar day in the U.S. Eastern Time Zone, except for the start time of the first day and end time of the last day which are as set forth above. Sponsor's computer is the official time keeping device for the Instant Win Game. Promoters may promote the Instant Win Game for various time periods in accordance with their agreements with Sponsor. The number of Promoters offering the Instant Win Game through Promotion Sites may vary throughout the Promotion Period.
3. Eligibility. The Instant Win Game is open to legal residents of the 50 United States (including the District of Columbia), Canada (excluding Quebec), Mexico and the United Kingdom age 18 and older at the time of entry. Void in Quebec and where prohibited. Employees, officers and directors of Sponsor and Promoters, their respective parents, subsidiaries, and agents, as well as the immediate family (defined as parents, spouses, children, siblings and grandparents) and household members of each such employee, officer and director are not eligible. By entering, entrants agrees to abide by these Official Rules and the decisions of Sponsor, which are final and binding in all respects. All applicable federal, state, provincial, and local laws apply.
4. To Enter and Play. Visit http://promo.caffeinenow.com//alt/ga01iw20070517, any other Promotion Site's landing page, or http://promo.caffeinenow.com/alt/ga01iw20080401 and follow the links and instructions to complete the registration form. It is required that you install Macromedia Flash Player on your computer (if you do not already have it) when prompted. Installation is free. Complete and submit the registration form, including a valid home address. P.O. Boxes are not permitted. Once you submit the form, follow the directions to advance to the Instant Win Game page and to play the Instant Win Game. Entrants will be notified immediately by email if they are potential winners of the Instant Win Game and will be provided directions for validation. All potential winners are subject to verification before any prize will be awarded. Sponsor is responsible for the functionality of the Instant Win Game. Limit: Participants may play through the ePrize Promotion Site (http://promo.caffeinenow.com//alt/ga01iw20070517) one (1) time per day up to a total of unlimited (Unlimited) game plays during the Promotion Period. Multiple participants are not permitted to share the same email address. Any attempt by any participant to obtain more than the stated number of plays by using multiple/different email addresses, identities, registrations and logins, or any other methods will void that participant's plays and that participant may be disqualified.
Use of any automated system to participate is prohibited and will result in disqualification. Sponsor is not responsible for lost, late, incomplete, invalid, unintelligible or misdirected registrations, which will be disqualified. In the event of a dispute as to any registration or play, the authorized account holder of the email address used to register will be deemed to be the registrant or player. Potential winners may be required to show proof of being the authorized account holder. The "authorized account holder" is the natural person assigned to an email address by an Internet service provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address.
You may access the Instant Win Game through more than one Promotion Site.
5. ALL POTENTIAL WINNING PLAYS ARE SUBJECT TO VERIFICATION BY SPONSOR, WHOSE DECISIONS ARE FINAL AND BINDING. AN ENTRANT IS NOT A WINNER OF ANY PRIZE, EVEN IF THE INSTANT WIN GAME SHOULD SO INDICATE, UNLESS AND UNTIL ENTRANT'S ELIGIBILITY AND THE POTENTIAL WINNING PLAY HAS BEEN VERIFIED AND ENTRANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE. SPONSOR WILL NOT ACCEPT SCREEN SHOTS OR OTHER EVIDENCE OF WINNING IN LIEU OF ITS VALIDATION PROCESS. ANY PLAY THAT OCCURS AFTER THE SYSTEM HAS FAILED FOR ANY REASON IS DEEMED A DEFECTIVE PLAY AND IS VOID AND WILL NOT BE HONORED.
6. Instant Win Prize Selection and Verification of Potential Winners: All selected potential winners must comply with all terms and conditions of these Official Rules, and all winnings are contingent upon fulfilling all requirements. Sponsors decisions as to the administration and operation of the Instant Win Game and the selection of potential winners are final and binding in all matters related to the Instant Win Game. There will be One Hundred Eight-Nine (189) random, computer-generated winning times, one (1) winning time per calendar month for the Grand Prize and one (1) winning time per day for the First Prize, during the Promotion Period. If you are the first player to play the Instant Win Game at or after one of the randomly generated times, you will be a potential instant winner of the prize indicated. Except where prohibited, the potential Grand Prize winners (or parent/legal guardian if winner is a minor in his/her jurisdiction of residence) will be required to sign and return to Sponsor, within fourteen (14) days of the date notice or attempted notice is sent, an affidavit of eligibility and liability/publicity release (or Declaration of Compliance, if Canadian, Mexican or UK resident) in order to claim his/her prize and fulfill any such other requirements as determined by Administrator. If a Canadian resident, the potential winner of any prize will be required to correctly answer a time-limited skill testing question without any assistance in order to be eligible to receive a prize. If the potential winner is a Canadian resident and the question is answered incorrectly, the prize will be forfeited. If a potential Grand Prize winner cannot be contacted within fourteen (14) days of the first attempt to contact him/her or if he/she fails to sign and return the affidavit of eligibility and liability/publicity release (or Declaration of Compliance), if applicable, within the required time period, an alternate entrant will be selected in his/her place at random from among all eligible entries received throughout the Promotion Period. There will be three (3) alternate drawings after which, if a winner cannot be located or identified, the Grand Prize will remain unawarded. Unclaimed First Prizes will not be awarded. Winners will receive their prizes 8-10 weeks after the conclusion of the Instant Win Game.
7. Prizes. SIX (6) GRAND PRIZES (1 per month): The prize for which an entrant is eligible depends on the Promotion Site through which he/she entered. Accordingly, the Grand Prize for a winner who entered through this Promotion Site will be: Xbox 360® with games; included games determined by Sponsor in its sole discretion. Approximate Retail Value ("ARV"): $1,000 USD. The ARV is subject to price fluctuations in the consumer marketplace based on, among other things, any gap in time between the date the ARV is estimated for purposes of these Official Rules and the date the prize is awarded or redeemed. ONE HUNDRED EIGHTY-THREE (183) FIRST PRIZES (1 per day): The prize for which an entrant is eligible depends on the Promotion Site through which he/she entered. Accordingly, the First Prize for a winner who entered through this Promotion Site will be: 24-Disc case and CD's; disc case and CD's determined by Sponsor in its sole discretion. ARV: $25 USD. For all prizes: No substitution, assignment or transfer of prize permitted, except by Sponsor and Promoters, who reserve the right to substitute a prize with another prize of greater or equal value. Winners are solely responsible for any and all applicable fees and taxes associated with prize receipt and use. TOTAL ARV OF ALL PRIZES: $10,575 USD. Limit: one (1) Instant Win Game prize per person.
8. Publicity. Except where prohibited, participation in the Instant Win Game constitutes winner's consent to the Promoter whose Promotion Site through which the winner entered as well as Sponsor's use of winner's name, likeness, voice, opinions, hometown, state/province/territory and country for promotional purposes in any media without further payment or consideration.
9. General Conditions. Sponsor reserves the right, in its sole discretion, to cancel, modify or suspend the Instant Win Game should virus, bug, unauthorized human intervention, technical failures or any other factor beyond Sponsor's reasonable control corrupt the administration, security, fairness, integrity or proper operation of the Instant Win Game. In such event, Sponsor reserves the right to award the prize at random from among the eligible entries received up to the time of impairment. Sponsor reserves the right in its sole discretion to disqualify any individual it determines to be tampering with the entry process or the operation of this or any other Instant Win Game or to be acting in violation of these Official Rules or those of any other Instant Win Game, or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately damage Sponsor's or any Promotion Site or to undermine the legitimate operation of this Instant Win Game may be a violation of criminal and civil laws, and, should such an attempt be made, Sponsor and Promoters reserve 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. Release. Except for residents of the United Kingdom with respect to claims resulting from death or personal injury, by accepting any Instant Win Game prize, winner agrees that Sponsor and Promoters, their respective parents, subsidiaries and affiliated companies, and the agents, employees, directors and officers of these companies ("Released Parties"), are not liable whatsoever for any injuries, losses or damages of any kind resulting in whole or in part, directly or indirectly, from the acceptance, possession, use or misuse of any prize or from winner's participation in the Instant Win Game.
11. Limitations of Liability. Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether or not caused by entrants, language on Promotion Sites, printing errors or by any of the equipment or programming associated with or utilized in conjunction with the Instant Win Game; (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 Instant Win Game; (4) technical or human error which may occur in the administration of the Instant Win Game or the processing of entries; or (5) 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 Instant Win Game 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 Instant Win Game, provided that if it is not possible to award another entry due to discontinuance of the Instant Win Game, or any part of it, for any reason, Sponsor, at its 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 event that production, technical, seeding, programming or any other reasons cause more than 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, unawarded, eligible prize claims.
12. Disputes. Entrant agrees that: (1) any and all disputes, claims, and causes of action arising out of or connected with this Instant Win Game, or any prizes awarded, other than the administration of the Instant Win Game or the determination of winners shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the Eastern District of Michigan (Southern Division) or the appropriate Michigan State Court located in Oakland County, Michigan, U.S.A.; (2) any and all claims, judgments and awards shall be limited to actual out of pocket costs incurred, including costs associated with entering this Instant Win Game 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 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 THE LIMITATION 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 entrant, Sponsor and Promoter in connection with the Instant Win Game shall be governed by, and construed in accordance with, the laws of the State of Michigan, U.S.A., without giving effect to any choice of law or conflict of law rules of provisions (whether of the State of Michigan, U.S.A., or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Michigan, U.S.A.
13. Data Collection. Participation in the Instant Win Game implies authorization to transfer personal data to the United States for purposes of administration of the Instant Win Game. Sponsor collects personal information from you when you enter the Instant Win Game. The information collected is subject to Sponsor's Privacy Policy, located at http://www.caffeinenow.com/privacypolicy.html. In the event that ePrize has a privacy policy, information collected is also subject to that privacy policy which, if applicable, may be found at found at www.eprize.com or requested through Drew Bennett, 1 ePrize Dr., Pleasant Ridge, MI, 48069-1222.
14. Winner's List/Official Rules. For the winner list, send an email with Subject Line: "C – Mega Shot Instant Win Challenge, Winner List Request," to [email protected]. Requests must be received by January 31, 2009
