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Holiday Gift Guide DVD Giveaway NO PURCHASE NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. Eligibility: The Holiday Gift Guide DVD Giveaway ( "Sweepstakes") is open to individuals who are legal residents of the 50 United States or the District of Columbia age 18 or older at time of entry. Employees of American Express Publishing Corporation (the "Sponsor") and its parent company, subsidiaries, affiliates, advertising and promotion agencies, retailers, distributors (collectively, "Sweepstakes Entities"), and their immediate family members and/or those living in the same household of each are not eligible to enter or win. Sweepstakes governed by U.S. law. Sweepstakes is subject to all applicable federal, state and local laws and regulations. Void where prohibited by law. Sponsor: American Express Publishing Corporation, 1120 Avenue of the Americas, New York, NY 10036. Prize: One (1) Grand Prize winner will receive a Blu-ray Disc Player plus a set four (4) Blu-ray DVDs; ap proximate retail value ("ARV") of prize is $478.95. Manufacturer and model of Blu-ray Disc Player awarded is at the sole discretion of the Sponsor. Twenty-four (24) Runner up winners will receive a set of four (4) DVDs of the Sponsor’s choice (ARV: $143.83 each DVD set). Selection of DVD titles included in each set and awarded to each winner is at the sole discretion of the Sponsor. Total maximum ARV of all Prizes: $3,930.87. Arrangements for the fulfillment of the Prizes will be made by Sponsor. Prizes are non-transferable and no substitution by winners or cash equivalent is allowed. Sponsor reserves the right to substitute a prize of equal or greater value at its sole discretion. All fees, federal, state, and local taxes or other expenses relating to the use, acceptance and possession of any prize are the sole responsibility of the winners. Odds of winning depend on number of eligible entries received during the Sweepstakes Entry Period. Selection of Winner: Winners will be determined in a random drawing from all eligible entries received on or about January 15, 2010 conducted by an independent judging organization ("judges") whose decisions are final and binding in all matters relating to this Sweepstakes. Winners will be notified by email and/or mail on or about January 22, 2010. If said email and/or prize notification is returned as undeliverable for any prize or if an entrant is otherwise found to be ineligible, or if the selected winner cannot accept or receive the Prize for any reason, the potential prize winner will forfeit the Prize and an alternate winner will be selected. The Sponsor reserves the right to modify the notification procedures in connection with the selection of an alternate winner, if any. Entry and a cceptance of Prize constitutes permission (except where prohibited by law) to use each winner's name, prize won, hometown and likeness for online posting and promotional purposes without further compensation. General: Entrants agree to these Official Rules and the decisions of the judges and the Sponsor, and on their behalf, and on behalf of their respective heirs, executors, administrators, legal representatives, successors and assigns ("Releasing Parties"), release, defend and hold harmless the Sweepstakes Entities, as well as the employees, officers, directors and agents of each ("Released Parties"), from any and all actions, causes of action, suits, debts, dues, sums of money, accounts, reckonings, bonds, bills, specialties, covenants, contracts, controversies, agreements, promises, variances, trespasses, lost profits, indirect or direct damages, consequential damages, incidental damages, punitive or exemplary damages, judgments, extent, executions, claims and demands whatsoever, in law, admiralty or equity, whether known or unknown, foreseen or unforeseen, against Released Parties which any one or more of the Releasing Parties ever had, now have or hereafter can, shall or may have which in any way arise out of or result from entrant’s participation, acceptance and use or misuse of any prize, including any travel related activities. In the event Sponsor is prevented from continuing with the Sweepstakes as contemplated herein by any event beyond its control, including but not limited to fire, flood, hurricane, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal, state, or local government law, order, or regulation, or order of any court or other cause not within Sponsor’s control or concerns regarding the safety of any winner or guest, Sponsor shall have the right to modify, suspend, extend or terminate the Sweepstakes. Entrants assume all liability for any injury, including death or damage caused or claimed to be caused, by participation in this Sweepstakes or use or redemption of any prize. This Sweepstakes shall be governed by and interpreted under the laws of the State of New York, U.S.A. without regard to its conflicts of laws provisions. Entrants hereby agree that any and all disputes, claims, causes of action, or controversies ("Claims") arising out of or in connection with this Sweepstakes shall be resolved, upon the election by entrant or Sponsor, by arbitration pursuant to this provision and the code of procedures of either the National Arbitration Forum ("NAF") or the American Arbitration Association ("AAA"), as selected by the entrant. IF ARBITRATION IS CHOSEN BY ANY PARTY WITH RESPECT TO A CLAIM, NEITHER PARTY WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM IN COURT OR HAVE A JURY TRIAL ON THAT CLAIM. FURTHER, NEITHER SPONSOR NOR ENTRANT WILL HAVE THE RIGHT TO PARTICIPATE IN A REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC OR OTHER PERSONS SIMILARLY SITUATED, OR AS A MEMBER OF ANY CLASS OF CLAIMANTS PERTAINING TO ANY CLAIM SUBJECT TO ARBITRATION. EXCEPT AS SET FORTH BELOW, THE ARBITRATOR’S DECISION WILL BE FINAL AND BINDING. NOTE THAT OTHER RIGHTS THAT ENTRANT WOULD HAVE IF ENTRANT WENT TO COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION. The arbitrator’s authority to resolve Claims is limited to Claims between Sponsor and entrant alone, and the arbitrator’s authority to make awards is limited to awards to Sponsor and entrant alone. Furthermore, claims brought by either party against the other may not be joined or consolidated in arbitration with Claims brought by or against any third party, unless agreed to in writing by all parties. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. Notwithstanding any other provision in this Agreement and without waiving either party’s right to appeal such decision, should any portion of this provision be deemed invalid or unenforceable, then the entire provision (other than this sentence) shall not apply. Sponsor is not responsible for any typographical or other error in the printing of the offer, administration of the Sweepstakes or in the announcement of any prize. The winners acknowledge that the Sponsor and all other businesses concerned with this Sweepstakes and their agents do not make, nor are in any manner responsible for any warranty, representations, expressed or implied, in fact or in law, relative the quality, conditions, fitness or merchantability of any aspect of the prize. Entry materials/data that have been tampered with or altered, or mass entries or entries generated by a script, macro or use of automated devices are void. The Sponsor is not responsible for: (i) lost, late, misdirected, damaged, or illegible entries; (ii) error, omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to or alterations of entry materials, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions of any kind, or inaccurate transmission of or failure to receive entry information by Sponsor on account of technical problems or traffic congestion on the Internet or at any web site or any combination thereof; (iii) any injury or damage to entrant’s or any other person’s computer related to or resulting from participating in the Sweepstakes, or (iv) the failure of any third party to comply with the instructions and proper administration of this Sweepstakes. By participating in the Sweepstakes, entrants (i) agree to be bound by these Official Rules, including all eligibility requirements, and (ii) agree to be bound by the decisions of Sponsor and the independent judging organization, which are final and binding in all matters relating to the Sweepstakes. Failure to comply with these Official Rules may result in disqualification from the Sweepstakes. Sponsor reserves the right to: permanently disqualify from any sweepstakes it sponsors any person it believes has intentionally violated these Official Rules; and terminate the Sweepstakes or the online portion of the Sweepstakes if it becomes technically corrupted (including if a computer virus or system malfunction inalterably impairs its ability to conduct the Sweepstakes), or to select winners from among all eligible entries received prior to termination. LEGAL WARNING: ANY ATTEMPT BY AN INDIVIDUAL, WHETHER OR NOT AN ENTRANT, TO DELIBERATELY INTERFERE WITH THE OPERATION OF THE SWEEPSTAKES, IS A VIOLATION OF CRIMINAL & CIVIL LAWS AND SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND DILIGENTLY PURSUE ALL REMEDIES AGAINST ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW. Winner's Name: For the names of the winners (available after March 15, 2010) send a stamped, self-addressed envelope (postage not required for Vermont residents) by May 17, 2010 to: Holiday Gift Guide DVD Giveaway Winners, American Express Publishing Corporation, 1120 Ave of the Americas, 19 th Floor, New York, NY 10036. Privacy: By entering, the information entrants provide may be shared with promotional partners identified in this promotion as well as other select business partners to provide entrants with offers that may be of interest. To learn more about the ways Sponsor may use and share your information and about your privacy choices, read the AEP Privacy Statement at www.amexpub.com/privacy. |