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SUPER STYLIN' SPA PARTY SWEEPSTAKES OFFICIAL RULES
NO PURCHASE OR INTERNET ACCESS NECESSARY TO ENTER OR WIN, NOR WILL A PURCHASE IMPROVE THE CHANCES OF WINNING.
1. ELIGIBILITY: The Super Stylin' Spa Party Sweepstakes, (the "Game") is open only to legal residents of the fifty (50) United States, the District of Columbia and Canada and you must be thirteen (13) years of age or older as of May 1, 2004 or have your parent or legal guardian's permission. Void in Puerto Rico, Quebec Province and where prohibited by law. Employees of The Upper Deck Company, LLC, its related companies, and each of their dealers, licensors, distributors, agents, advertising agencies, promotional suppliers, service agencies and independent contractors, as well as the immediate family and household members of each such individual are not eligible. By participating, each player agrees to be unconditionally bound by these Official Rules and the decisions of Sponsor, which are final and binding in all respects.
2. TO PLAY: There are two (2) ways to enter the drawings for the prizes listed below in Sections 3:
- Buy a specially marked pack of Upper Deck Bratz trading cards (while supplies last) and fill out the enclosed entry form.
- To play without purchase, go to www.bratzparty.com and fill out the online entry form.
Limit: one (1) entry per person or household, per day regardless of method of entry. No copies or mechanical reproductions accepted. More than one entry from any person or household per day will void all of that day's entries from that person, address or household.
3. GRAND PRIZE: One (1) Grand Prize winner will win a one-day total beauty package at the hottest spa in their city a "Super Stylin' Spa Party" for themselves and three (3) friends (exact location and date will be at Upper Deck's sole discretion). Winners will receive around fifteen (15) days notice of date, time and location. Grand Prize includes transportation for winner and three (3) friends and up to two (2) parents or guardians (parents or guardians will not participate in the spa party). Approximate Retail Value of Grand Prize: $2,500(U.S.).
Winners are solely responsible for any and all taxes on prizes, as well as any and all expenses relative to participation in the Game not specified herein. Grand Prize travel subject to availability, holiday and blackout dates. In the event the event is canceled or postponed for any reason beyond the Sponsor's control, Sponsor will offer the Grand Prize winners an alternate prize, comparable in price to the Grand Prize, to be chosen in the Sponsor's sole discretion. All travel dates and arrangements are subject to change, availability, and or Sponsor approval. In the event the winner is a minor, as defined by the winner's state of residence, the winner must travel with his/her parent or guardian. No prize substitutions, transfers or cash redemptions permitted by winners, but Sponsor may substitute cash value or another prize of equal or greater value for any prize at its option.
4. TIMING: The Game begins on May 1, 2004, at 12:00:01 a.m. Pacific Standard Time ("PST") and ends on February 15, 2005, at 11:59:59 p.m. PST (the "Game Period"). Any entries not made in compliance with these time periods will not be eligible and will be disqualified.
5. SELECTION OF PRIZE DRAWING WINNERS; ODDS OF WINNING: The Winner will be selected during a random draw from a pool of all eligible mail-in and online entries received on or around March 1, 2005. Odds of winning in the drawing are contingent upon the number of valid entries received. Potential winners will be notified by mail or phone within five days from the drawing dates. If any potential winner cannot be contacted within seven (7) days after the first attempt to contact such potential winner, an alternate winner will be selected at random from all remaining eligible entries received. If a potential winner is a Canadian resident, to be declared a winner, he or she must answer, without assistance of any kind, whether mechanical or otherwise, a mathematical skill-testing question to be answered by phone or e-mail. If the potential winner in Canada cannot be contacted and the skill test administered within seven (7) business days after the first attempt to contact such potential winner, the prize will be forfeited and awarded to an alternate winner.
6. PRIZE CONDITIONS: Each participant selected as a potential winner must comply with all terms and conditions set forth in these Official Rules and winning is contingent upon fulfilling all such requirements. Potential winners will be required to sign and return an Affidavit of Eligibility, or in Canada, a Declaration of Compliance with Contest Rules, a Liability Release, and where lawful, a Publicity Release, within fourteen (14) days of notification, failing which the potential winner will be disqualified and another winner selected in the place of the disqualified person, selected at random from all remaining entries. If a potential winner is under the age of majority where the winner resides, the potential winner's parent or guardian must sign the Affidavit of Eligibility, or in Canada, the Declaration of Compliance with Contest Rules, and where lawful, the Publicity Release. If any prize or prize notification is returned as non-deliverable, the potential winner will be disqualified and the prize will be awarded to an alternate winner. By accepting the prize, the winner agrees that Upper Deck and those acting under its authority, may use winner's name, picture/portrait, likeness, voice, biographical information (including age, hometown and state of residence) for advertising and promotional purposes without further consideration or authorization, unless prohibited by law. SPONSOR WILL HAVE NO LIABILITY WHATSOEVER FOR, AND WILL BE HELD HARMLESS FOR ANY LIABILITY FOR ANY INJURY, LOSS OR DAMAGES OF ANY KIND TO PERSONS, INCLUDING DEATH, AND PROPERTY, DUE IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM THE ACCEPTANCE, POSSESSION, USE OR MISUSE OF THE PRIZE OR PARTICIPATION IN THIS SWEEPSTAKES OR PARTICIPATION IN ANY ACTIVITY RELATED TO THE SWEEPSTAKES. Subject to all federal, state, provincial and local laws. Void where prohibited.
7. GENERAL CONDITIONS: All entries and prize claims become the property of Sponsor, and none will be acknowledged or returned. Sponsor and its agents are not responsible for lost, late, damaged, misdirected, incomplete, illegible, stolen or postage due mail entries or redemption claims, all of which will be disqualified. All claims are subject to verification by Sponsor. Unclaimed prizes will not be awarded. All applicable federal, state and local laws apply. All taxes on prizes and incidental expenses not mentioned herein are the responsibility of the winners. In the event of a dispute, entries made by Internet will be deemed made by the authorized account holder of the e-mail address submitted at the time of entry. 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. A potential winner may be requested to provide Upper Deck with proof that the potential winner is the authorized account holder of the e-mail address associated with the winning entry. If for any reason the Sweepstakes is not capable of running as planned, including due to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failure, human error or any other causes beyond the control of the Upper Deck that corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Sweepstakes, Upper Deck reserves the right in its sole discretion, to disqualify any individual who tampers with the entry process, and to cancel, terminate, modify or suspend the Sweepstakes. Upper Deck 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. Upper Deck is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers, or providers, computer equipment, software, failure of any e-mail or entry to be received by Upper Deck on account of technical problems or traffic congestion on the Internet or at any web site, any combination thereof, or otherwise, including any injury or damage to entrant's or any other person's computer related to or resulting from participation or downloading any materials in the Sweepstakes. CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, UPPER DECK RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
8. DISPUTES: Each participant agrees that: (1) any and all disputes, claims, and causes of action arising out of or in connection with this Sweepstakes, or any prize awarded, shall be resolved individually, without resort to any form of class action, and any judicial proceeding shall take place in a federal or state court within the State of California; (2) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes, but in no event shall such damages include attorneys' fees; and (3) under no circumstances will a participant be permitted to obtain awards for, and each participant hereby waives all rights to punitive, incidental, or consequential damages, or any other damages other than actual out-of-pocket expenses. Participant shall not claim or receive any damages subject to being multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of participants and the Sponsor in connection with the Sweepstakes, shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any choice of law or conflict of law rules or provisions (whether of the State of California or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of California.
9. WINNERS LIST: For a list of winners, available after March 15, 2005, send a self-addressed, stamped envelope to: Promotion Manager, Super Stylin’ Spa Party, 5909 Sea Otter Place, Carlsbad, CA 92008. Requests must be received by June 15, 2005.
10. PUBLICITY: By accepting the prize, the winner agrees that Sponsor and those acting under its authority, may use winner's name, picture/portrait, likeness, voice, biographical information (including age, hometown and state of residence) for advertising and promotional purposes without further consideration or authorization, unless prohibited by law.
11. DATA PRIVACY: Information participants provide to Sponsor will be used to communicate with participants regarding this Sweepstakes and otherwise as provided by Sponsor's Privacy Policy available at Sponsor's website. Information about the winner may be posted on the Upper Deck website.
12. SPONSOR: The Upper Deck Company, LLC, 5909 Sea Otter Place, Carlsbad, CA 92008. Sponsor reserves the right to cancel the Sweepstakes at any time and substitute another promotion in its place.
©2004 The Upper Deck Company, LLC. All rights reserved. Sweepstakes participants are hereby authorized to copy these Official Rules on the condition that it will be for the participant's personal use and not for any commercial purpose whatsoever.
Click here to enter the sweepstakes.
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