NO PURCHASE IS NECESSARY TO BE ELIGIBLE FOR POST & WIN(r) PRIZES. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
1. Eligibility: Post & Win(r) (the "Promotion") is open only to legal residents of the fifty (50) United States (including District of Columbia) who are at least eighteen (18) years old at the time of entry. Employees of the Ann Arbor Observer ("Administrator") are not eligible. Subject to all applicable federal, state and local laws and regulations. Void where prohibited. Participation constitutes entrant's full and unconditional agreement to these Official Rules and Administrator and prize sponsor's ("Sponsor") decisions, which are final and binding in all matters related to the Promotion. Winning a prize is contingent upon fulfilling all requirements set forth herein. The Promotion consists of awarding prizes donated by Sponsors on a daily, weekly, and monthly basis to eligible entrants drawn at random. In the event that multiple prizes are being awarded for that day, week, or month, entrants are eligible to win only one (1) prize for that day, week, or month. Daily prize winners will remain eligible for that week's and that month's drawings. Weekly prize winner(s) will remain eligible for that month's drawing. Any given entrant is eligible to win one (1) daily prize per week, one (1) weekly prize per month, and one (1) monthly prize per year.
2. Administrator: Ann Arbor Observer, 201 Catherine Street, Ann Arbor, Michigan 48104. Administrator will randomly select the potential Promotion winners from all eligible entries for that day, week, and month. Administrator's decisions as to the administration and operation of the Promotion and the selection of potential winners are final and binding in all matters related to the Promotion.
3. Promotion Timing: The Promotion begins on December 1, 2006 at 12:00 a.m. Eastern Time. A day runs from 12:00 a.m. to 11:59 p.m. A week runs from 12:00 a.m. Sunday to 11:59 p.m. the following Saturday. A month runs from 12:00 a.m. of the first day of the month to 11:59 p.m. of the last day of the month. Winner selection is random and will be computer-generated at the end of each daily, weekly, and monthly drawing period. Administrator's web site hosting computer is the official time keeping device for this Promotion.
4. How to Enter: Go to http://www.arborlist.com and post any classified ad. Posting is free. You must provide a valid e-mail address, your first and last name, and city to be eligible for a Post & Win(r) drawing. You will be automatically entered with one (1) entry into the Promotion for that day, that week, and that month. You may post as many classified ads as you wish and each posting will result in another chance at winning in all three phases of the Promotion (daily, weekly, and monthly prize drawings). All potential winners are subject to verification before any prize will be awarded. Administrator is responsible for the functionality of the Promotion. Use of any automated system to participate is prohibited and will result in disqualification. Administrator is not responsible for incomplete, invalid, unintelligible, or misdirected postings, which will be disqualified. In the event of a dispute over any prize, the authorized account holder of the e-mail address used to post the classified ad will be deemed to be the registrant. The "authorized account holder" is the natural person assigned an e-mail address by an Internet access provider, online service provider, or other organization responsible for assigning e-mail addresses for the domain associated with the submitted address. Potential winners may be required to show proof of being the authorized account holder.
5. Verification of Winners. All potential Post & Win(r) promotion winners are subject to verification by Administrator and/or Sponsors, whose decisions are final and binding in all matters related to the Promotion. An entrant is not a winner of any prize unless and until entrant's eligibility has been verified and entrant has received an e-mail notification of winning from the Administrator. Sponsor will not accept screen shots or other evidence of winning in lieu of a printout of the winner's notification e-mail from the Administrator. Entrants must comply with all terms and conditions of these Official Rules and winning is contingent upon fulfilling all requirements. The Promotion winners will be notified by e-mail within 24 hours after the time of each random drawing. Each winner will be required to print out the e-mail and present it in person, along with proper ID, to the prize Sponsor within fourteen (14) days of the date notice is sent in order to claim his/her prize. If a potential winner of any Promotion prize cannot be contacted, or fails to claim the prize within the required time period, potential winner forfeits prize. In the event that a potential winner of any Promotion prize is disqualified for any reason, Administrator will award the applicable prize to an alternate winner by random drawing from among all remaining eligible entries.
6. Prizes: Daily prize consists of one (1) gift certificate or gift package provided by designated daily prize Sponsor(s) as published on the arborlist.com home page that day. Weekly prize consists of one (1) gift certificate or gift package provided by designated weekly prize Sponsor(s) as published on the arborlist.com home page that week. Monthly prize consists of one (1) gift certificate or gift provided by designated monthly prize Sponsor(s) as published on the arborlist.com home page that month. Odds of winning a Promotion prize depend on the number of eligible entries received during the Promotion period. Limit one (1) Promotion prize per person for each drawing. No cash equivalent will be awarded in lieu of stated prize and all prizes are non-transferable. No substitution will be made except as provided herein at the prize Sponsor's sole discretion. Sponsor reserves the right to substitute any listed prize for one of equal or greater value if the designated prize should become unavailable for any reason. Winner is responsible for all taxes and fees associated with prize receipt and/or use. Only the stated prizes will be awarded.
7. Release: By receipt of any prize, winners agree to release and hold harmless Administrator, Sponsor, and their respective subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies and each of their respective parent companies and each such company's officers, directors, employees and agents (collectively, the "Released Parties") from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Promotion or receipt or use or misuse of any prize.
8. Publicity: Except where prohibited, participation in the Promotion constitutes winner's consent to Administrator's, Sponsor's and their agents' use of winner's first name or first name initial, last name or last name initial, city of residence, and photo for promotional purposes in any media, worldwide, without further payment or consideration.
9. General Conditions: Administrator reserves the right to cancel, suspend, and/or modify the Promotion, or any part of it, if any fraud, technical failures, or any other factor beyond Administrator's reasonable control impairs the integrity or proper functioning of the Promotion, as determined by Administrator in its sole discretion. In such event, Administrator reserves the right to award the prizes at random from among the eligible entries received up to the time of the impairment. Administrator reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Promotion, or to be acting in violation of these Official Rules. Any attempt by any person to deliberately undermine the legitimate operation of the Promotion may be a violation of criminal and civil law, and, should such an attempt be made, Administrator reserves the right to seek damages from any such person to the fullest extent permitted by law. Administrator's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
10. Limitations of Liability: The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrants, printing errors, or by any of the equipment or programming associated with or utilized in the Promotion; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Promotion; (4) technical or human error which may occur in the administration of the Promotion or the processing of entries; or (5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant's participation in the Promotion or receipt or use or misuse of any prize. If for any reason an entrant's entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant's sole remedy is another entry in the Promotion, provided that if it is not possible to post another entry due to discontinuance of the Promotion, or any part of it, for any reason, Administrator, at its discretion, may elect to hold a random drawing from among all eligible entries received up to the date and time of discontinuance for any or all of the prizes offered herein. No more than the stated number of prizes will be awarded. In the event that production, technical or programming errors, or any other reasons cause more than the stated number of prizes as set forth in these Official Rules to be available and/or claimed, Administrator reserves the right to award only the stated number of prizes by a random drawing among all legitimate, unawarded, eligible prize claims.
11. Disputes: Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Promotion or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the Eastern District of Michigan (Southern Division) or the appropriate Michigan State Court located in Washtenaw County, Michigan; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Promotion, but in no event attorneys' fees; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages (including attorneys' fees) other than for actual out-of-pocket expenses, and any and all rights to have damages 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 the entrant and Administrator in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the State of Michigan, without giving effect to any choice of law or conflict of law rules (whether of the State of Michigan or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Michigan.
12. Entrant's Personal Information: Information collected from entrants is subject to the Administrator's Privacy Policy (http://www.arborlist.com/privacy_policy.html). Administrator and prize Sponsors may collect your name, address, phone number, and e-mail address when you participate in this Promotion. This information is used to administer your participation in the Promotion. Only winner's first name or first name initial, last name or last name initial, and city of residence will be published on the arborlist.com home page, in print advertising, or any other promotional means deemed appropriate by Administrator or prize Sponsors. We want to assure you that Arborlist, the Administrator, and Sponsors are dedicated to protecting your privacy. You can contact us or otherwise communicate your privacy concerns by: - Calling us at 734-769-3175 - Faxing us at 734-769-3375 - E-mail us - Writing us at: Ann Arbor Observer, Attention: Arborlist Administrator, 201 Catherine Street, Ann Arbor, MI 48104. Please include your e-mail address and phone number along with any relevant information.
13. Winner List: For a winner list and/or a copy of these Official Rules, send a self-addressed, stamped envelope to: Ann Arbor Observer, Attention: Arborlist Administrator, 201 Catherine Street, Ann Arbor, MI 48104.