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| The CoverYourASP Monthly Points PromotionOFFICIAL RULES and TERMS AND CONDITIONS AGREEMENTBefore we start, let me talk about the "only in USA" rule below. This is a legal issue, not one of personal choice. Simply put, I cannot "run" this contest in all countries in the world (or even all states in USA) simply because they all have (or could have) very strict laws about such things. I could be fined for not having a permit for example. Having said that, I don't want anyone to miss out and will use whatever mailing address the winner wishes to provide me. If you know what I mean. =;-) The CoverYourASP Monthly Points Promotion (the "Promotion") is sponsored and conducted by ShawThing LLC (the "Sponsor"). See below for Sponsor's mailing address. 1. THE FOLLOWING PROMOTION IS INTENDED FOR VIEWING IN THE UNITED STATES ONLY AND SHALL ONLY BE CONSTRUED AND EVALUATED ACCORDING TO UNITED STATES LAW. PERSONS RESIDING IN OTHER JURISDICTIONS ARE NOT ELIGIBLE TO WIN ANY PRIZES IN CONNECTION WITH THIS PROMOTION. THIS PROMOTION IS VOID IN RHODE ISLAND AND WHERE PROHIBITED BY LAW. 2. THE PROMOTION IS A GAME OF CHANCE. WINNERS WILL BE DETERMINED BY THE CRITERIA SET FORTH HEREIN. From all eligible entries received for each Promotion Period (defined below) one (1) winner will be selected as set forth below. The Promotion may not be used in any form of gambling. 3. TERM Entries for the Promotion will be accepted beginning Monday, November 12th, 2001, at 6:30 a.m. EST and ending Sunday, November 25th, 2001, at 8:00 p.m. EST (the "Initial Period") and thereafter during each monthly period (each a "Subsequent Promotion Period") following the end of the Initial Period (or any Subsequent Promotion Period, as applicable) until such time as the Sponsor officially announces the termination of the Promotion (for example, entries for the second monthly drawing will be accepted for the month period following the termination of the Initial Period and entries for the third monthly drawing will be accepted for the month period following the termination of the second monthly drawing, etc.). Each monthly period during the term of the Promotion (including the Initial Period and each Subsequent Promotion Period) is referred to herein as a "Promotion Period." Each Promotion Period will begin at 6:30 a.m. EST on the first Monday following the last day of the previous Promotion Period and will end at 8:00 p.m. on the Sunday that is thirteen (13) days following the first day of such Promotion Period. The sole determinant of time for purposes of this Promotion will be the Sponsor. 4. ELIGIBLE ENTRIES NO PURCHASE IS REQUIRED TO ENTER. In addition to terms provided elsewhere in this Agreement, the Promotion is offered electronically via the Internet only to legal residents of the United States (excluding Rhode Island and where prohibited by law) who are residing in the United States at the time of entry and who have Internet access as of the date of entry. To be eligible to enter the Promotion for any Promotion Period, each entrant must register, free of charge, and become a CoverYourASP Registered User at any time during any applicable Promotion Period and remain such throughout the duration of the applicable Promotion Period. For purposes of this Agreement, a CoverYourASP Registerer User is defined as an individual who has successfully completed the CoverYourASP online registration form located at http://CoverYourASP.com/MemberEdit.asp. All entries will be treated equally regardless of the means of entry. All other entries will be ineligible. Entries generated by a script, macro or other automated means are null and void and will be disqualified. Persons under the age of 18 or the age of majority (as defined by the law of the jurisdiction of their residence), whichever is greater, as of the date of entry of the Promotion may not enter the Promotion. Employees, agents, successors and assignees of the Sponsor, its advertising agencies and promotional companies involved in the Promotion, as well as family and household members of each of the foregoing, shall be ineligible to participate in the Promotion and shall be ineligible for any prize described herein. Entries must receive at least one (1) point (as described below) in order to be valid. 5. HOW TO ENTER An "Entrant" is any individual who registers to become a CoverYourASP Registered User (as described above) and meets all other eligibility requirements described herein. All CoverYourASP Registered Users as of November 12th, 2001, at 6:30 a.m. EST, who meet all other eligibility requirements described herein will be automatically entered into the Promotion and will be considered Entrants. Entries will be accepted only via the online registration and selection form located at http://CoverYourASP.com/MemberEdit.asp and no entry will be accepted via facsimile, commercial courier, e-mail, postal mail, telephone or any other means of delivery. An entry will not be valid unless all of the required fields of the online registration form are completed. Each entry must contain, and no entry will be complete or accepted unless it contains, the Entrant's correct e-mail address. All other entries will be ineligible. Only one entry per person for the term of the Promotion is allowed, and any entrant who submits more than one entry for the term of the Promotion will be disqualified. In the event of a dispute about the identity of an Entrant, entries made online will be declared made by the authorized e-mail account holder at time of entry of the e-mail address from which the entry was received. The authorized e-mail account holder is defined as the natural person who is assigned to an e-mail address by an Internet access provider, online service provider or other organization that is responsible for assigning e-mail addresses for the second level domain name associated with the submitted e-mail address. The potential winner may be required to provide the Sponsor with proof that he or she is the authorized account holder of the e-mail address associated with the winning entry. If a dispute cannot be resolved, the entry will be deemed ineligible. 6. PRIZE AND WINNER SELECTION At the end of each Promotion Period, on or about 8:01 p.m. EST on the last day of the applicable Promotion Period, one (1) winning Entrant (each a "Monthly Winner" or a "Winner") will be selected by random drawing (each a "Monthly Drawing") from the pool of eligible Entrants (as defined herein) who receive at least one (1) point during the applicable Promotion Period. Each Monthly Winner will receive a prize (a "Monthly Prize" or a "Prize"), as more particularly described at http://CoverYourASP.com/ContestPrizes.asp, with an approximate retail value, not to exceed one thousand dollars (U.S. $1,000.00), as therein described or such other prize of equal value, as determined in the sole discretion of the Sponsor. Entrants receive and accumulate points at the occurrence of certain events during each Promotion Period. Each Entrant automatically receives one (1) point at the beginning of each Promotion Period (the "Start Points") and therefore will be eligible to win a Prize without further effort by or on behalf of such Entrant. After receiving such Entrant's Start Points, an Entrant may receive (A) one (1) point (a "Daily Point") each time such Entrant reads one (1) article, question, link, book, or news item, located at the Internet web site http://CoverYourASP.com (the "Site"); (B) five (5) points ("Visit Points") for each visit such Entrant visits the Site. During any Promotion Period, each Entrant may receive a maximum of five hundred (500) points. Note that various methods will be employed to restrict points from being awarded when the entrant is seen to be viewing pages solely for the purposes of accumulating points. For example, simply refreshing a page will NOT increment your points. CoverYourASP reserves the right to employ whatever means necessary to restrict points to those entrants browsing the site. Entrants need not re-register to be a CoverYourASP Registered User to be considered an Entrant for Subsequent Promotion Periods. However, Entrants who terminate their registration during any Promotion Period will forfeit any accumulated points and will not be considered Entrants for purposes of this Promotion. Points will not carry over from one Promotion Period to any Subsequent Promotion Period. At the end of each Promotion Period, following each Monthly Drawing and selection of the Monthly Winners for the applicable Promotion Period, each Entrant's points will be automatically reduced to zero (0). Thereafter, each eligible Entrant (as defined herein) will be automatically entered to win a Prize during each Subsequent Promotion Period until the Promotion is terminated as provided herein. Odds of winning a Prize depend on the number of entries received and the number of points accumulated by each Entrant. Each Entrant's chance of winning a Prize during any applicable Monthly Drawing will increase in direct proportion to the number of points accumulated by such Entrant during the applicable Promotion Period. For example, if an Entrant receives 250 points during any applicable Promotion Period and the total number of points accumulated by all Entrants during the same period is 250,000, such Entrant's chances of winning a Prize are 1 in 1,000, whereas if the same Entrant accumulates 500 points during the same Promotion Period and the same total number of points are accumulated by all Entrants, such Entrant's chances of winning a Prize increases to 1 in 500. Except as expressly provided in this Agreement, a Prize is not transferable and no substitution of a Prize is permitted. The Sponsor will not replace any lost or stolen prize items. ANY PRIZE IS AWARDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALL FEDERAL, STATE, LOCAL OR OTHER TAXES ASSOCIATED WITH THE RECEIPT OR USE OF ANY PRIZE ARE THE SOLE RESPONSIBILITY OF THE WINNER. THE WINNER WILL BE SOLELY RESPONSIBLE FOR ANY INSURANCE COSTS ASSOCIATED WITH DELIVERY OF ANY PRIZE. The name of each Winner will be posted online on the Site and each Winner will be notified by electronic mail, telephone, U.S. Mail or commercial courier within seven (7) days after the date on which such Winner is selected as a Winner by the Sponsor. Any prize notification returned as undeliverable will result in disqualification of the intended recipient of such notification and selection of an alternate winner. By accepting any Prize, each Winner releases the Sponsor, its parents, affiliates, subsidiaries, advertising and promotion agencies and their directors, officers, office employees and agents, from any and all liability, loss or damage incurred with respect to all aspects of the Promotion and the awarding, receipt, acceptance, possession, use, or misuse of any prize, including liability for personal injury, death, damages or loss. Unless prohibited by law, by accepting any Prize, each Winner grants permission to the Sponsor and its affiliates and subsidiaries to use such Winner's name, biographical information, likeness and/or statements made by or attributed to such Winner and relating to the Sponsor, any Prize and/or the Promotion for publicity and promotional purposes without further compensation, unless prohibited by law. Unless prohibited by law, each Winner agrees to execute a written consent to such effect. Any prize will be sent to each Winner via U.S. Mail or commercial courier, as determined by the Sponsor. Any prize will be awarded no later than thirty (30) days following each applicable Monthly Drawing. 7. DISCLAIMERS; LIMITATION ON LIABILITY; DISQUALIFICATION; MISCELLANEOUS. No responsibility, damage, loss or injury is assumed by the Sponsor, or any subsidiary and/or affiliated company of the Sponsor or their officers, directors, agents and employees (collectively, the "Released Parties") for The Entrant agrees to indemnify, hold harmless and release the Released Parties, their agents, affiliates and assigns from any and all liabilities for injuries, claims, damages or expenses, including, without limitation, attorneys' fees or injuries, claims, damages or expenses resulting from copyright infringement, sustained in connection with or arising out of the Promotion (including the software associated with it), the breach of any of the Entrant's representations and warranties herein, the registration to become a CoverYourASP Registered User, the submission of any entry or the acceptance, possession, receipt or use of any prize (including, without limitation, claims, costs, injuries and losses related to personal injuries, death, damage to or destruction of property, rights of publicity or privacy, defamation or portrayal in a false light, whether intentional or unintentional). NEITHER SHAWTHING OR ANY OF ITS AGENTS OR AFFILIATES OR ASSIGNS SHALL BE RESPONSIBLE FOR ANY COSTS OR DAMAGES INCURRED BY ANY ENTRANT AS A RESULT OF PARTICIPATING IN THE PROMOTION, SUBMITTING AN ENTRY, REGISTERING TO BECOME A COVERYOURASP REGISTERED USER, WINNING ANY PRIZE OR ANY DAMAGE OTHERWISE ARISING OUT OF THIS PROMOTION, WHETHER DIRECTLY OR INDIRECTLY, INCLUDING, WITHOUT LIMITATION, ANY SERVER FAILURES, HARDWARE OR SOFTWARE FAILURES, LOST, MISAPPROPRIATED OR CORRUPTED ENTRIES OR REGISTRATIONS, VIRUS, WORM OR TROJAN HORSE DAMAGE, OR ANY OTHER DAMAGE, MALFUNCTION, FAILURE OR DISRUPTION ARISING OUT OF OR IN CONNECTION WITH THIS PROMOTION. The Sponsor reserves the right at its sole discretion to disqualify any individual (at any time and without prior notice to such individual): found to be tampering with the entry process or the operation of the Promotion; to be acting in violation of this Agreement; to be acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person; or for any other reason whatsoever. CAUTION: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY ALTER OR DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO DISQUALIFY SUCH INDIVIDUAL AND SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW. The Entrant hereby acknowledges that the Entrant is not entitled to any compensation or right of approval in connection with the Promotion or ShawThing's exercise of any right or power granted by the Entrant to ShawThing hereunder. 8. SPONSOR POWERS The Sponsor will have the power to rule on all aspects of the Promotion. The decisions of the Sponsor shall be final and irreversible. The Sponsor reserves the right to make any necessary or appropriate changes to the Promotion as it progresses. The Sponsor reserves the right to cancel or modify the Promotion in whole or in part in event of technical or other difficulties or for any other reason at any time. 9. RULES The Promotion is subject to this Agreement and all applicable federal, state, and local laws and regulations. By participating in this Promotion, you acknowledge that you have read this Agreement and agree to abide by its terms and by the decisions of the Sponsor, which are final and binding on all matters pertaining to the Promotion. All U.S. federal, state and local laws and regulations apply. The Sponsor reserves the right to change this Agreement at any time and for any reason whatsoever, in its sole discretion. A copy of this Agreement may be obtained at the Site or by sending a self-addressed stamped envelope to: ShawThing LLC, Points Promotion Terms Agreement, 922 Hwy 81 East, Suite #130, McDonough, GA 30252. Requests for copies of this Agreement will not be honored after thirty (30) days following the official termination of the Promotion. Winners' names may be obtained at the Site after each Monthly Drawing and for thirty (30) days thereafter or by sending a self-addressed stamped envelope to ShawThing LLC, Points Promotion Winners, 922 Hwy 81 East, Suite #130, McDonough, GA 30252. Requests for Winners' names will not be honored after thirty (30) days following the official termination of the Promotion. 10. GOVERNING LAW This Agreement is governed by the laws of the United States of America and the state of Georgia, without reference to rules governing choice of laws. Any action, suit or case arising out of or in connection with this Promotion or this Agreement must be brought in the federal courts located in Georgia. |
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