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OFFICIAL RULES
ELIGIBILITY
NO PURCHASE NECESSARY. You must be a legal resident of the
United States of America and 18 years of age or older at the time of entry.
Void where prohibited by law. Employees of PickupTruck.com, Inc., Litening
Products, all other prize suppliers and their parents, subsidiaries, affiliates,
divisions, sponsors, advertising, promotion, and fulfillment agencies and
promotional partners, and the members of the immediate families or households
of such employees, are ineligible to participate in this promotion. All
applicable federal, state, and local laws and regulations apply.
HOW
TO ENTER
Enter online at: http://www.pickuptruck.com
Fill in the online entry form in its entirety in order to be eligible, then
click on the "Submit" button. One primary entry is allowed per person (with
a valid email address). Participation in the drawing constitutes the entrant's
full and unconditional acceptance and an agreement to comply with these
Official Rules. A primary entry is defined as the first entry submitted
by a person. A person cannot enter him or herself into the contest more
than once. Multiple entries by the same person using one or more email accounts
will not be accepted. There is a limit of one (1) primary entry per person
and all entries must be submitted using a valid email account, which may
be identified by reverse domain name search. In the event of a dispute about
the identity of an entrant, entries will be deemed to have been made by
the authorized account holder of the email address submitted at the time
of entry. An authorized account holder is defined as the natural person
who is assigned to an email address by an Internet access provider, online
service provider or other organization or body (i.e. business, educational
institution, etc.) that is responsible for assigning email addresses for
the domain associated with the submitted email address. The Sponsor may
require the potential winner to provide proof that the potential winner
is the authorized account holder of the email address associated with the
winning entry. Entries which are incomplete, tampered with, illegible, mechanically
reproduced, inaccurate, forged, irregular in any way or otherwise not in
compliance with these Official Rules will be disqualified. Sponsor reserves
the right, in its sole discretion, to cancel or modify the online drawing
if fraud, technical failure, virus, bugs, non-authorized human intervention
or any other causes beyond the control of the Sponsor destroy the integrity
of this promotion.
PROMOTION
PERIOD
The promotion begins at 12:01 p.m. PST on April 17, 2000 and ends at 11:59
p.m. PST on June 17, 2000. Entries must be received by 11:59 p.m. PST June
17, 2000.
DRAWING
PickupTruck.com will randomly select the winner. There will be one (1) winner
determined by a random drawing from all eligible entries received to be
held on or about June 18, 2000. In the event the potential winner does not
qualify or is not willing to accept the prize, there will be an alternate
winner drawing. All prizes will be awarded. All decisions of the Sponsor
are final and binding. Odds of winning depend upon the number of eligible
entries received.
PRIZES
Contest Prize: One (1) winner will receive a high quality, lightweight,
and affordable 3-Pump, all aluminum floor jack from Litening Products (approximate
value - $599.00). The prize may not be exactly as shown. No substitution
or transfer of prize or cash equivalent is permitted, except the Sponsor
reserves the right to substitute a prize of equal or greater value (including
cash) at its sole option. Winner should allow approximately 4 to 6 weeks
after mailing their Affidavit and Release to receive their prize. All other
expenses, including but not limited to taxes, or other fees not specified
as part of the prize package are the sole responsibility of the winner.
All federal, state, and local taxes are the prizewinner's sole responsibility.
The Sponsor will not replace any lost or stolen prize item. PRIZES ARE AWARDED
"AS IS" AND WITHOUT WARRANTY OF ANY KIND EXPRESSED OR IMPLIED.
NOTIFICATION
OF WINNER
The Sponsor will attempt to notify the potential prize winner by email.
Return of any prize and/or prize notification as undeliverable may result
in disqualification and selection of an alternate winner.
AFFIDAVIT
OF ELIGIBILITY, LIABILITY AND PUBLICITY RELEASE
The Prize winner will be required to execute and return an Affidavit of
Eligibility and Liability, a Liability Release, and where legally permitted,
Publicity Release within seven (7) days following attempted notification
where permitted by law. This Affidavit will be sent out to the potential
winner by email. Failure to sign and return the Affidavit of Eligibility,
the Liability Release and, where permitted by law, the Publicity Release,
within 72 hours of receipt, or to comply with any term or condition of these
Official Rules, may, at the sole discretion of the Sponsor, result in the
winner's disqualification, the forfeiture of his or her interest in the
prize, and the award of prize to an alternate winner. Except where prohibited
by law, participation in the contest constitutes entrant's consent to the
publication of his or her name and image in any media for any commercial
or promotional purpose, without limitation or further compensation.
TERMS
AND CONDITIONS
BY ENTERING THIS PROMOTION, EACH PARTICIPANT AGREES TO: (1) ABIDE BY THESE
OFFICIAL RULES AND BY THE DECISIONS OF THE SPONSOR AND JUDGES, WHICH ARE
FINAL ON ALL MATTERS PERTAINING TO THIS PROMOTION, AND (2) RELEASE AND HOLD
HARMLESS PickupTruck.com, Inc., AND ITS PARENTS, SUBSIDIARIES, AFFILIATES,
DIVISIONS, DIRECTORS, OFFICERS, PRINCIPALS, SHAREHOLDERS, EMPLOYEES AND
AGENTS, AND THEIR ADVERTISING AND PROMOTIONAL AGENCIES AND PROMOTIONAL PARTNERS
FROM ANY AND ALL LIABILITY, CLAIMS, LOSS, DAMAGE TO PERSONS OR PROPERTY,
COSTS, EXPENSES AND ACTIONS OF ANY KIND RELATED TO OR ARISING OUT OF (a)
THEIR PARTICIPATION IN THIS PROMOTION AND THE ACCEPTANCE, POSSESSION OR
USE, OR MISUSE, OF ANY OF THE PRIZES AWARDED, INCLUDING BUT NOT LIMITED
TO PERSONAL INJURY, PROPERTY DAMAGE, INVASION OF THE RIGHT OF PRIVACY OR
PUBLICITY, (b) ALTERED, LATE, LOST, DAMAGED, MISDIRECTED, MUTILATED, INCOMPLETE,
ILLEGIBLE, STOLEN ENTRIES OR HUMAN, TELEPHONE, COMPUTER, ONLINE OR TECHNICAL
MALFUNCTIONS (INCLUDING BUSY LINES AND DISCONNECTIONS).
CONDUCT
The Sponsor reserves the right to disqualify any individual that it finds
to be violating these Official Rules, tampering with the entry process or
tampering with the operation of the web site. The Sponsor reserves the right
to refuse an entry from a person whose eligibility is in question or who
has been disqualified or is otherwise ineligible to enter. Any attempt by
anyone to deliberately alter or damage this web site and/or to undermine
the legitimate operation of this promotion is in violation of criminal and
civil laws and the Sponsor reserves the right to seek damages or other legal
remedy to the fullest extent permitted by law.
LIMITATIONS
OF LIABILITY
THE SPONSOR IS NOT RESPONSIBLE FOR TYPOGRAPHICAL OR OTHER ERRORS IN THE
OFFER OR ADMINISTRATION OF THIS PROMOTION, INCLUDING BUT NOT LIMITED TO
ERRORS IN ADVERTISING, THE OFFICIAL RULES, THE SELECTION AND ANNOUNCEMENT
OF THE WINNER OR THE DISTRIBUTION OF THE PRIZES, NOR IS THE SPONSOR RESPONSIBLE
FOR ANY INCORRECT OR INACCURATE INFORMATION, WHETHER CAUSED BY SITE USERS
OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED IN
THE PROMOTION OR BY ANY TECHNICAL OR HUMAN ERROR WHICH MAY OCCUR IN THE
PROCESSING OF ENTRIES IN THE PROMOTION. BY ENTERING THE CONTEST, ENTRANT
AGREES THAT (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING
OUT OF OR IN CONNECTION WITH THE CONTEST, OR ANY PRIZES AWARDED, SHALL BE
RESOLVED INDIVIDUALLY WITHOUT ANY RESORT TO ANY FORM OF CLASS ACTION; (2)
ANY CLAIMS, JUDGEMENTS AND/OR AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET
COSTS INCURRED, INCLUDING COSTS ASSOCIATED WITH ENTERING THE CONTEST, BUT
IN NO EVENT ATTORNEY OR LEGAL 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 DAMAGES FOR ACTUAL OUT-OF-POCKET EXPENSES. THE
SPONSOR IS NOT RESPONSIBLE FOR TECHNICAL, HARDWARE, SOFTWARE, OR TELEPHONE
FAILURES OF ANY KIND, LOST OR UNAVAILABLE NETWORK CONNECTIONS, OR FAILED,
INCOMPLETE, GARBLED, OR DELAYED COMPUTER TRANSMISSIONS WHICH MAY LIMIT OR
INTERFERE WITH A PARTICIPANT'S ABILITY TO TAKE PART IN THE DRAWING. IN ADDITION,
SPONSOR SHALL NOT BE RESPONSIBLE FOR ANY DAMAGE TO ANY COMPUTER OR OTHER
PROPERTY RESULTING FROM PARTICIPATING IN, OR DOWNLOADING ANY MATERIALS FOR,
THIS DRAWING.
CONSTRUCTION
All issues and questions concerning the construction, validity, interpretation
and enforceability of these Official Contest Rules or the rights and obligations
of any contestant and Sponsor, shall be governed by and construed in accordance
with the laws of The United States of America, without giving effect to
any choice of law or conflict of law, rules or provisions (whether of The
United States of America or any other jurisdiction) that would cause the
application of the laws of any jurisdiction other than The United States
of America. The parties submit to the exclusive jurisdiction of the courts
of The United States of America. The invalidity or unenforceability of any
provision of these 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 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.
WINNER'S
NAME
The winner's name (available between the dates of June 18, 2000 and June
25, 2000) may be obtained by sending a self-addressed stamped envelope to
PickupTruck.com, Inc., Marketing Department, Litening Jack Give Away Winner's
Name Request, 321 Robin Dr, Corte Madera, California 94925.
PRIVACY
By entering into the contest, you agree to PickupTruck.com's use of your
personal information as described in PickupTruck.com's Privacy Statement
at http://www.pickuptruck.com/html/privacy_security.html.
In addition, your personal information collected during the promotion will
be the property of PickupTruck.com.
GENERAL
The Sponsor of this drawing is PickupTruck.com, Inc., 321 Robin Dr, Corte
Madera, California 94925, whose decisions regarding the selection of the
winner and all other aspects of the promotion shall be final and binding
in all respects. PickupTruck.com, Inc. shall not be responsible for typographical,
printing or other inadvertent errors in the Official Rules or in other materials
relating to the promotion. For questions or concerns regarding this contest
please email info@pickuptruck.com
and write "Litening Jack Giveaway" in the subject line. PickupTruck.com
reserves the right to modify or cancel this contest at any time.
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