NO PURCHASE NECESSARY to enter or Win. THE FOLLOWING GIVEAWAY IS INTENDED FOR PLAY IN THE UNITED STATES ONLY AND SHALL ONLY BE CONSTRUED AND EVALUATED ACCORDING TO UNITED STATES LAW. DO NOT ENTER THIS GIVEAWAY IF YOU ARE NOT LOCATED IN THE UNITED STATES. Entry into this Giveaway constitutes your acceptance of these Official Rules and waiver of any right to claim ambiguity in the Giveaway or these Official Rules. DATES: The Giveaway begins November 22, 2004 at 12:00 A.M. PST and ends on March 31, 2005 at 12:00 A.M. PST (the “Giveaway Period”). Grape Ice, LLC reserves the right to modify scheduling, terminate, or suspend the Giveaway without notice, at any time and for any reason. ELIGIBILITY: This promotion is open only to residents of the fifty U.S. states and the District of Columbia, who are 18 years of age or older at time of entry. Employees of Grape Ice, LLC and their immediate family members and/or those living in the same household are not eligible. Void where prohibited by law. The Giveaway is subject to all federal, state and local laws and regulations. Any winner who does not comply with the Official Rules will be disqualified. Return of any prize or prize notification as “undeliverable” will result in disqualification and an alternate winner may be selected. Ineligible entrants may be disqualified at any time at the sole discretion of Grape Ice, LLC HOW TO ENTER: Enter the Giveaway by completing the online registration as a new customer at www.grapeice.com. Online registration must be completed in its entirety and accepted by Grape Ice, LLC. Only one entry allowed per individual as verified by name, address, phone number and e-mail address. Any duplicates will be removed. For purposes of these Official Rules, "receipt" of an entry occurs when www.grapeice.com’s server (or provider’s server whichever is the case) records the entry information resulting from entrant clicking the "Submit" button and logging onto the My Account page of www.grapeice.com. Any automated computer receipt (such as one confirming delivery of email) does not constitute proof of actual receipt by Administrator for purposes of these Official Rules. Internet entries will be deemed made by the authorized account holder of the email address at the time the entry is submitted. The authorized account holder is the natural person who is assigned to the email address by an Internet Service Provider or other organization that is responsible for assigning email addresses or the domain names associated with email addresses. Although subsequent attempts to enter the Sweepstake may be received, only the first entry received from a particular individual will be eligible; subsequent attempts to enter will be disqualified. The submission of an entry is solely the responsibility of the entrant. Entries may only be made according to the method described above. Automated entries (including but not limited to entries submitted using any robot, script, macro, or other automated service), are not permitted and will be disqualified. Only eligible entries actually received by Administrator before the end of the specified entry period will be included in the prize drawing. Illegible, unintelligible, incomplete, or garbled entries will be disqualified. Entries will not be accepted by mail or in person. HOW TO WIN: Two lucky winners Giveaway Period will be chosen by a random computer generated selection process. The selection shall be made on / before April 15, 2005, except as otherwise determined by Grape Ice, LLC Any and all decisions related to the selection of the winner will be made by Grape Ice, LLC and will be final and binding. WINNER WILL BE NOTIFIED BY E-MAIL ONLY, TO THE EMAIL ADDRESS PROVIDED DURING REGISTRATION. Invalid e-mail addresses will be deemed null and void, and a new winner will be randomly selected using the same computer generated selection process. Winner will be contacted by Grape Ice, LLC by/before April 15, 2005 and must meet eligibility requirements including the execution and return of all necessary releases. It is the responsibility of entrant to maintain the email address used to enter Giveaway in good working order; failure to do so may invalidate the selection of the winner, at the sole discretion of Grape Ice, LLC All Giveaway winners must meet the eligibility requirements set forth in these Official Rules, sign an affidavit of eligibility, and sign liability and publicity releases, where permitted by law, in order to qualify for the prize. All such documents must be received by Grape Ice, LLC within twenty-one days of the date of notification or attempted notification by Grape Ice, LLC, or an alternate winner may be selected. Note: Every winner of a prize must be verified as a winner by Grape Ice, LLC. Decisions by Grape Ice, LLC are final in all matters relating to this Giveaway. ODDS OF WINNING: The odds of winning depend upon the number of eligible entries received. PRIZES: Two (2) prizes will be awarded to two (2) participants who are 18 years of age or older at the time of entry to the Giveaway and who otherwise meet all of the eligibility requirements. Each winner will receive the following three prizes: 1) choose a product of his or her choice from www.grapeice.com, up to but no more than a $500 retail value, 2) 10% discount on all purchases made within the year from the date of receipt of prize, and 3) Martini Recipe booklet from Alan Lee Collection. All expenses relating to the Prize, including but not limited to the cost of the product and delivery charges, are assumed by Grape Ice, LLC (except for any applicable taxes). Prizes are non-transferable, with no cash redemption or equivalent. Grape Ice, LLC reserves the right to substitute a prize or prize component of equal or greater value should a prize or any component of a prize become unavailable. All applicable taxes and usage charges on prizes are the sole responsibility of the winner. If required by law, Grape Ice, LLC or its agents shall require payment from winner of taxes to be remitted to the appropriate taxing authorities. Grape Ice, LLC expressly disclaims any responsibility or liability for injury or loss to any person or property relating to the delivery and/or subsequent use of prizes awarded. Grape Ice, LLC makes no representation or warranties concerning the appearance, safety or performance of any prize awarded. CLAIMING PRIZES: All properly claimed prizes will be awarded. As a condition of winning a prize, winners must complete, sign and return an affidavit or eligibility and liability and publicity releases, where permitted by law, and any other applicable forms required by a taxing authority (including providing a copy of their social security card and a copy of their driver’s license). If any correspondence of the independent judging agency or any prize is returned as undeliverable, the corresponding prize will be forfeited and will be awarded to an alternate winner. Should a winner make any false statement(s) in any document referenced above, the winner will be required to promptly return to Grape Ice, LLC his or her prize. Failure to claim a prize within fifteen (15) days of notice of verification by Grape Ice, LLC may disqualify the winner, at the sole discretion of Grape Ice, LLC, which may award the prize to another winner at random from among the remaining eligible entries. Acceptance of a prize constitutes consent to use the winner’s name, city and state of residence, and likeness, including without limitation voice, photos, or testimonials for editorial, advertising, publicity and other broadcast purposes without further compensation, except where prohibited. Upon delivery to the winner’s address, Grape Ice, LLC and Administrator will be deemed to have awarded the prize to the winner with winner assuming full responsibility for the prize. MISCELLANEOUS CONDITIONS: All entries become the property of Grape Ice, LLC and will not be returned. By participating in the Giveaway, entrants agree to abide by and be bound by these Official Rules and the decisions of Grape Ice, LLC, which shall be final and binding with respect to all issues relating to this Giveaway. It is the entrant’s responsibility to ensure compliance with all of the conditions contained in the Official Rules. Grape Ice, LLC is not responsible for any lost, late, misdirected, stolen, illegible, incomplete entries, or for any computer, online, telephone or technical malfunctions that may occur. Grape Ice, LLC is not responsible for any incorrect or inaccurate information, whether caused by website users, any of the equipment or programming associated with or utilized in the Giveaway, or any technical or human error which may occur in the processing of submissions in the Giveaway. Grape Ice, LLC assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries. Grape Ice, LLC is not responsible for any problems, failures or technical malfunction of any telephone network or lines, computer online systems, servers, providers, computer equipment, software, email, players or browsers, on account of technical problems or traffic congestion on the Internet, at any website, or on account of any combination of the foregoing. Grape Ice, LLC is not responsible for any injury or damage to participants or to any computer related to or resulting from participating or downloading materials in this Giveaway. If, for any reason, the Giveaway is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Grape Ice, LLC which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Giveaway, Grape Ice, LLC reserves the right at its sole discretion to cancel, terminate, modify or suspend the Giveaway and select winners from among all eligible entries received prior to the cancellation. Persons found tampering with or abusing any aspect of this Giveaway, or whom Grape Ice, LLC or Administrator believe to be causing malfunction, error, disruption or damage will be disqualified. Caution: Any attempt by an entrant to deliberately damage any website or undermine the ligitimate operation of this promotion is a violation of criminal and civil law. Should such an attempt be made, Grape Ice, LLC reserves the right to seek damages from any such individual to the fullest extent permitted by law. Grape Ice, LLC and Administrator reserve the right to correct any typographical, printing, computer programming or operator errors. By participating in this Giveaway, entrants agree to release and hold harmless Grape Ice, LLC and each of their respective affiliates, subsidiaries, officers, directors, representatives, agents and employees, from any and all liability whatsoever for any injuries, losses or damages of any kind arising from or in connection with, either directly or indirectly, 1) the awarding, acceptance, receipt, possession, use and/or misuse of any prize warded herein; or 2) participation in the Giveaway or any prize related activities, including but not limited to traveling to or from any prize related activity. Privacy: By participating in this Giveaway, entrants agree to Grape Ice, LLC’s privacy policy. Grape Ice, LLC is committed to protecting your privacy. You may review Grape Ice, LLC’s Privacy Policy at www.grapeice.com. Arbitration and Choice of Law: Except where prohibited by law, as a condition of participating in this Giveaway, entrant agrees that (1) any and all disputes and causes of action arising out of or connected with this Giveaway, or any prizes awarded, shall be resolved individually, without resort to any form of class action, and exclusively by final and binding arbitration under the rules of the American Arbitration Association and held at the AAA regional office nearest the entrant; (2) the Federal Arbitration Act shall govern the interpretation, enforcement and all proceedings at such arbitration; and (3) judgment upon such arbitration award may be entered in any court having jurisdiction. Under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, punitive, incidental or consequential damages, or any other damages, including attorneys' fees, other than entrant's actual out-of-pocket expenses (i.e., costs associated with entering this Giveaway), and entrant further waives all rights to have damages multiplied or increased. Except as may be preempted by any federal laws or regulations, the Giveaway shall be governed by the laws of the State of Texas (excluding its conflicts of laws rules). Winner’s List: If you would like a copy of the winner’s list, available after April 15, 2005, please send a self-addressed stamped envelope to: Grape Ice, LLC Attn.: Giveaway Coordinator, 377 Mandarin Drive, Suite 207, Daly City, CA 94015. Official Rules: If you would like a copy of these Official Rules, please send a self-addressed stamped envelope to: Grape Ice, LLC, Attn.: Giveaway Coordinator, 377 Mandarin Drive, Suite 207, Daly City, CA 94015. Requests received after the close of the Giveaway Period will not be honored. GRAPE ICE, LLC, 377 Mandarin Drive, Suite 207 , Daly City, CA 94015 . |
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