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"Millionaire's Glade Scentsational Sweepstakes Official Rules" OFFICIAL RULES NO PURCHASE NECESSARY. VOID IN GUAM, PUERTO RICO AND ALL OTHER U.S. TERRITORIES AND POSSESSIONS AND WHERE PROHIBITED BY LAW. 1. Description: Millionaire's Glade Scentsational Sweepstakes ("Sweepstakes") begins on November 17, 2008 at 10:01 a.m. Pacific Time ("PT") and ends on December 5, 2008 at 9:59 a.m. PT ("Sweepstakes Period"). Pacific Time shall control for all purposes of this Sweepstakes. Sponsors’ computer shall be the official clock for purposes of the Sweepstakes. 2. Eligibility: The Sweepstakes is open only to permanent legal residents who are physically located, and residing in the 50 states of the United States and D.C., and who are 18 years of age or older as of the date of his/her entry. Participants must have either a valid social security number and/or a valid U.S. personal tax identification number. Employees of Buena Vista Television and Who Wants to Be a Millionaire (collectively "Sponsors"), S. C. Johnson & Son, Inc., WABC-TV, American Broadcasting Company, Inc., Sweepstakes administrator, participating affiliates, stations airing the Who Wants to Be a Millionaire ("Show"), their advertising or promotion agencies, those involved in the production, development, implementation or handling of the Sweepstakes, any agents acting for, or on behalf of the above entities, their respective parent companies, officers, directors, subsidiaries, service providers, any other person or entity associated with the Sweepstakes (collectively "Sweepstakes Entities"), members of their immediate families (spouses, children, siblings, parents), and persons living in the same household as such persons, whether or not related, are ineligible to participate in the Sweepstakes. 3. How to Enter: To enter, access the Who Wants to Be a Millionaire web site located at http://www.millionairetv.com ("Web Site") and select the Sweepstakes icon, which will open the Sweepstakes entry page. Entrant must complete (and thereafter submit) the entry form with the following required information: first name, last name, complete home address (including state, zip code, no P.O. Boxes), telephone number (including area code), email address, and birth date ("Entry"). Limit one (1) Entry per person/email address/per day during the Sweepstakes Period. If an entrant is a resident of a jurisdiction that deems him/her to be a minor (residents of Alabama or Nebraska between 18-19 years of age or residents of Pennsylvania or Mississippi who are between 18-21 years of age), he/she must obtain parental/legal guardian consent prior to entering or submitting any personally identifiable information. All Entry information must be completed in full. Entries must be received by 9:59 a.m. (PT) on December 5, 2008. Participants can only participate in the Sweepstakes under one email address. Once an email address has been entered by a participant that email address cannot be used by any other person at the Sweepstakes Web Site. Multiple Entries by the same person in excess of the limits stated herein will be disqualified. Proof of delivery or receipt of Entries will not be deemed by Sponsors as proof of Entry. Any attempted form of Entry other than as described herein is void. 4. Prize/Odds of Winning: One (1) prize will be awarded: Prize winner will receive $1,000 awarded in the form of a check issued in his/her name (or, his/her parent/legal guardian if the winner is a resident of a jurisdiction that deems him/her to be a minor). Approximate Retail Value ("ARV") of cash prize is one-thousand dollars ($1,000). Prize winner will also receive a Glade Gift Basket consisting of one (1) of each of the following products: Scrubbing Bubbles Action Scrubber, Scrubbing Bubbles Wipes, Shout Advanced Action Spray, Windex Original Formula Spray, Pledge Multi-Surface Spray, Ziploc Vacuum Seal Starter kit, Ziploc Zip 'n Steam, Ziploc Quart and Gallon storage bags, Ziploc Big Bags, Glade 4oz Candle Pack, Glade Air Infusion Aerosol Spray, Glade Scented Oil Candle kit, Glade Scented Oil Candle refill, Glade Plug-In Scented Oil, Glade Plug-In Scented Oil refill, Glade Glass Scent, and Glade Fabric & Air Spray (or similar at Sponsor’s sole discretion). ARV of Gift Basket $100. Odds of winning the prize depends upon the total number of eligible Entries received during the Sweepstakes Period. Prize is nontransferable and no substitutions allowed except by the Sponsors who reserves the right to award a prize or prize component of equal value if advertised prize or prize component is unavailable. In the event that a prize component is not available for any reason, then remaining elements of prize shall constitute full satisfaction of Sponsors’ prize obligation to prize winner and no additional compensation will be awarded. Winner is solely responsible for all costs, incidentals and expenses not specifically mentioned as being included. Any depiction of prize is for illustrative purposes only. All federal, state, or other taxes are sole responsibility of the winner. Prize and/or prize notification will be mailed to street addresses in the U.S. only. Prize winner will receive an IRS form 1099 from the Sponsors for the total ARV of the prize (stated herein) that he/she won in the calendar year that he/she won. 5. Drawing and Notification of Winner: Potential winner will be randomly selected from all eligible Entries received in a drawing to be held on or about December 19, 2008 ("Drawing Date") by Sweepstakes administrator, an independent compliance organization. Potential winner (or, his/her parent/legal guardian if the potential winner is a resident of a jurisdiction that deems him/her to be a minor) will be notified by telephone within two (2) weeks of the Drawing Date of his/her potential winner status. If the potential winner (or, his/her parent/legal guardian if the potential winner is a resident of a jurisdiction that deems him/her to be a minor) cannot be reached after three (3) phone call attempts within a twenty-four (24) hour period, if he/she is found to be ineligible, if he/she cannot or does not comply with these Official Rules, and/or if his/her prize or prize notification documents are returned as undeliverable, potential winner will be disqualified, and an alternate potential winner will be selected at Sponsors’ sole discretion. 6. General Conditions:The Sweepstakes is subject to all applicable federal, state, and local laws, and to these Official Rules (collectively "Rules and Laws"). By participating, each entrant agrees to be bound by these Rules and Laws and the decisions of the Sponsors and Sweepstakes administrator, which are final and binding in all respects; to waive any right to claim ambiguity with the Rules and Laws; to indemnify and hold harmless the Sweepstakes Entities from any and all liability resulting or arising from the Sweepstakes; to release all right to bring any claim, action, or proceeding against the Sweepstakes Entities. Potential winner (or his/her parent/legal guardian if he/she is a resident of a jurisdiction that deems him/her to be a minor), will be required to sign, execute, have notarized, and return an Affidavit of Eligibility, a Liability Release, and (where legal) a Publicity Release, an IRS Form W-9, and any other documentation that the Sweepstakes administrator and/or Sponsors may require (collectively, "Affidavit/Release"), within five (5) days after receipt or potential winner may be disqualified. If winner, although 18 years of age or older, is a resident of a jurisdiction that deems him/her to be a minor, such winner’s prize may be awarded in the name of his/her parent/legal guardian. Winner will be provided a FedEx account number for the return of all the documents. By returning a completed Affidavit/Release, winner attests to the veracity of the provisions stated therein including compliance with these Official Rules. Official Rules will be posted at the Web Site during the Sweepstakes period. Any personal information supplied by entrants and/or winner will be subject to Sponsors’ Privacy Policies and Terms of Use posted at http://disney.go.com/corporate/legal/terms.html. Except where prohibited by law or Sponsors’ Privacy Policies, Entry and/or acceptance of the prize constitutes permission for the Sweepstakes Entities to use winner’s first name, last initial, address (city and state), photograph, likeness, biographical information, statements, and voice for advertising/publicity purposes worldwide on and in connection with the Show and in all forms of media (including but not limited to posting on the Web Site), now known or hereafter devised, in perpetuity throughout the universe without further compensation in connection with Show, the Sweepstakes or the prize awarded. If an entrant chooses to opt-in to receive communications from a participating Sweepstakes Entity, his/her Entry Information will be subject to that Entity’s Privacy Policy and Terms of Service (if applicable), and such entrant agrees to receive additional communication from that particular Sweepstakes Entity. Opting in to receive communications does not improve one’s chances of winning the prize. Sponsors have the right to modify, use, assign and/or dispose of Entries however they see fit and for any purpose without any notice or compensation to an entrant or any third parties. However, Sponsors will not provide any personally identifying information of a minor, regardless of its source, to any third party without the express written consent of entrant’s parent/legal guardian. If, for any reason, the Sweepstakes is not capable of running as originally planned, Sponsors at their sole discretion, reserve the right to cancel, suspend or modify the Sweepstakes or any portion(s) thereof and instruct the Sweepstakes administrator to conduct the drawing and/or award the prize from all salvageable eligible Entries received prior to and/or after (as appropriate) the action taken by Sponsors, or award the prize in a manner that is fair and equitable. Sponsors reserve the right, at their sole discretion, to disqualify any individual found to be tampering with the Entry process or the operation of the Sweepstakes; to be acting in violation of the Official Rules or to be acting in a non-sportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. Any person attempting to defraud or in any way tamper with this Sweepstakes will be ineligible for the prize and may be prosecuted to the full extent of the law. In the case of a dispute over the identity of an entrant who submitted the winning Sweepstakes Entry, the authorized account holder of the email address associated with that Sweepstakes Entry will be deemed the entrant. The "authorized account holder" is deemed the natural person who is assigned to an e-mail address by an internet access provider, service provider or other online organization that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. Said owner must comply with these Official Rules and, at Sponsors' sole discretion, may be required to provide proof of ownership of the email account. 7. Disclaimers: Sweepstakes Entities are not responsible or liable for Entries that are entered by other than human means (such as by an automated computer program or any non-human mechanism, entity, or device), in excess of the stated limit, or for Entries that are illegible, late, tampered with, forged, incomplete, misdirected, deleted, damaged, lost, misplaced, stolen, destroyed, garbled, delayed, returned as undeliverable or otherwise not in compliance with these Official Rules and such Entries will be disqualified. Once submitted, Entries become the sole property of the Sponsors and will not be returned. Sweepstakes Entities are not responsible for telecommunications, network, electronic, technical, or computer failures of any kind; for inaccurate transcription of Entry information; for any human or electronic error, for errors in any promotional or marketing materials or in these Official Rules. Each winner releases Sweepstakes Entities and their respective agencies, officers, directors and employees or other company or any other persons providing the prize for the winner due to reasons beyond Sponsors and/or Sweepstakes Entities control, and/or participation in this Sweepstakes from any and all liability/responsibility with respect to the prize and/or Sweepstakes in connection with: participation in this Sweepstakes; human error; incorrect or inaccurate transcription of Entry information; acceptance/possession, use/misuse, and/or defects of the prize awarded herein; including but not limited any technical malfunctions of the telephone network, computer online system, computer dating mechanism, computer equipment, software, internet service provider; interruption or inability to access Sweepstakes or any Web Site or online service via the internet due to hardware or software compatibility problems; any damage to an entrant’s (or any third person’s) computer and/or its contents related to or resulting from any part of this Sweepstakes; any lost/delayed data transmissions, omissions, interruptions, defects or any other errors or malfunctions of Show, promos, or elements of Sweepstakes and/or even if caused by the negligence of one of the Sweepstakes Entities. Sweepstakes Entities shall not be liable for any injury, damage, loss, expense, accident, delay, inconvenience or irregularity that may be caused or contributed to (1) by any wrongful, negligent or unauthorized act or omission on the part of the prize supplier or any of its agents, employees or independent contractors, (2) by any wrongful, negligent or unauthorized act or omission on the part of any other person or entity not an employee of Sponsors, or (3) by any other cause, condition or event whatsoever beyond the control of Sponsors or their parents, subsidiaries and affiliated companies. Sponsors may choose, at its sole discretion, to cancel, modify or suspend Sweepstakes, or any portion thereof. Entrants further agree to indemnify and hold harmless the Sweepstakes Entities from any and all liability resulting or arising from the Sweepstakes, to release all rights to bring any claim, action or proceeding against the Sweepstakes Entities, and hereby acknowledge that said Sweepstakes Entities 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, including express warranties provided exclusively by a prize supplier that are sent along with the prize. The failure of Sponsors to comply with any provision of these Official Rules due to an act of God, hurricane, war, fire, riot, earthquake, terrorism, act of public enemies, actions of governmental authorities outside of the control of Sponsors (excepting compliance with applicable codes and regulations) or other force majeure event will not be considered a breach of these Official Rules. 8. GOVERNING LAW, JURISDICTION, ARBITRATION: Any controversy or claim arising out of or relating to (i) the Sweepstakes, (ii) the awarding or redemption of the prize and/or (iii) the determination of the scope or applicability of these Official Rules or their enforcement or interpretation shall be governed by and construed in accordance with the substantive laws of the State of California without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other state’s laws. Any controversy or claim arising out of or relating to this Agreement, its enforcement, arbitrability or interpretation shall be submitted to final and binding arbitration, to be held in Los Angeles County, California, before a single arbitrator, in accordance with California Code of Civil Procedure §§ 1280 et seq. The arbitrator shall be selected by mutual agreement of Sponsors and the entrant or entrants bringing forth the controversy or claim (collectively, the "Parties") or, if the Parties cannot agree, then by striking from a list of arbitrators supplied by the American Arbitration Association or JAMS/Endispute. The arbitration shall be a confidential proceeding, closed to the general public. The arbitrator shall issue a written opinion stating the essential findings and conclusions upon which the arbitrator’s award is based. The Parties will share equally in payment of the arbitrator’s fees and arbitration expenses and any other costs unique to the arbitration hearing (recognizing that each side bears its own deposition, witness, expert and attorneys’ fees and other expenses to the same extent as if the matter were being heard in court). Entrants agree that his/her claim will be resolved individually, exclusively by arbitration, without resort to any form of class action. Entrants further agree that any claim/judgment/award in such arbitration shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in the Sweepstakes but in no event attorneys' fees; and, under no circumstances, will an entrant be entitled to 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 increased. Should any term of this Section be deemed void, unenforceable or contrary to law, such term shall, but only to the extent necessary to bring this Section within the requirements of law, be deemed to be severed from the other terms of these Official Rules, and the remainder of these Official Rules shall be given effect as if it had not included the severed term herein. THE PARTIES HEREBY WAIVE THEIR RIGHT TO JURY TRIAL WITH RESPECT TO ALL CLAIMS AND ISSUES ARISING OUT OF OR RELATING TO THIS AGREEMENT WHETHER SOUNDING IN CONTRACT OR TORT, AND INCLUDING ANY CLAIM FOR FRAUDULENT INDUCEMENT THEREOF. 9. Rules/Official Winner Information: To receive a copy of the Official Rules or the Winner Information, send a self-addressed stamped envelope to: Millionaire's Glade Scentsational Sweepstakes "Rules" or "Winner List" (specify which), P.O. Box 6735, Burbank, CA 91510. Official Winner Information available after December 19, 2008. All requests must be received by February 5, 2009. 10. Sponsors: Buena Vista Television, 500 South Buena Vista Street, Burbank, CA 91521 and Who Want to be a Millionaire, 147 Columbus Avenue, New York, New York 10023. 11. Sweepstakes administrator: ESG, P.O. Box 7398, Burbank, CA 91510-7398. Sweepstakes administrator is not the supplier or guarantor of the prize. Official Rules ©2008 ESG. Participants may copy these Official Rules for personal use only and not for any commercial purpose whatsoever. All rights reserved. |
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