NO PURCHASE NECESSARY. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
THESE RULES GOVERN ALL ASPECTS OF PARTICIPATION AND PRIZE AWARD.
1. Introduction. Fathead’s® You’re A Winner, Baby! Sweepstakes (the “Promotion") is sponsored by Fathead, LLC, 20255 Victor Parkway, Suite 100, Livonia, MI 48152 (“Sponsor”). The Promotion consists of a sweepstakes (the “Sweepstakes”) and an instant win game (the “Instant Win Game”).
2. Timing. The Promotion begins March 4, 2010 at 12:00 p.m. Eastern Time (“ET”) and ends April 8, 2010 at 11:59 a.m. ET (“Promotion Period”). Sponsor’s computer is the official time keeping device for this Promotion.
3. Eligibility. The Promotion is open only to legal residents of the fifty (50) United States (including D.C.) who are at least eighteen (18) years of age at the time of entry. Void where prohibited. Employees, officers and directors of Sponsor, its related companies, franchisees and agents, as well as the immediate family (defined as parents, spouse, children, siblings and grandparents) and household members of each such employee, officer and director are not eligible to enter. All federal, state, and local laws and regulations apply. By participating, entrant agrees to abide by these Official Rules and the decisions of Sponsor, which are final and binding in all respects.
4. How to Enter. During the Promotion Period, visit www.fathead.com/sweepstakes/winner-baby/ and follow the links and instructions to complete and submit the registration form including a valid email address. Each participant may enter/play one (1) time during the Promotion Period. Multiple entrants are not permitted to share the same email address. Any attempt by any participant to obtain more than one (1) entry by using multiple/different email addresses, identities, registrations and logins, or any other methods will void that participant’s entries and that participant may be disqualified. Use of any automated program to enter will result in disqualification. Sponsor is not responsible for lost, late, incomplete, invalid, unintelligible or misdirected registrations, which will be disqualified. In the event of a dispute as to any online entry, the authorized account holder of the email address used to enter will be deemed to be the entrant. Each potential winner may be required to show proof of being the authorized account holder. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address.
5. ALL POTENTIAL WINNERS ARE SUBJECT TO VERIFICATION BY SPONSOR, WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE PROMOTION. AN ENTRANT IS NOT A WINNER OF ANY PRIZE, EVEN IF THE PROMOTION SHOULD SO INDICATE, UNLESS AND UNTIL ENTRANT’S ELIGIBILITY AND THE POTENTIAL WINNING PLAY HAS BEEN VERIFIED AND ENTRANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE. SPONSORS WILL NOT ACCEPT SCREEN SHOTS OR OTHER EVIDENCE OF WINNING IN LIEU OF THEIR VALIDATION PROCESS. ANY PLAY THAT OCCURS AFTER THE SYSTEM HAS FAILED FOR ANY REASON IS DEEMED A DEFECTIVE PLAY, IS VOID AND WILL NOT BE HONORED.
6. Sweepstakes/Instant Win Game.
SWEEPSTAKES: Sponsor will randomly select thirty-one (31) potential Sweepstakes winners on or around April 12, 2010. The potential Prize winners will be notified via email after the date of the random drawing.
INSTANT WIN GAME: Eighty (80) random, computer-generated winning times, one for each prize listed below, will be generated during the Promotion Period. If you are the first player to play the Instant Win Game at or after one of the randomly generated times, you will be a potential instant winner of the prize indicated.
If any potential winner cannot be contacted or a prize is returned as undelivered, potential winner forfeits prize. In the event that the potential prize winner is disqualified for any reason, an alternate winner may (or may not) be selected in a random drawing from among all eligible entries received. Each prize will be fulfilled approximately 4-5 weeks after winner verification.
7. Prizes.
Sweepstakes Prizes: ONE (1) SWEEPSTAKES GRAND PRIZE: XZipit Game Rocker with XZipit team logo panel from Fathead.com. Approximate Retail Value(“ARV”): $399.99. FIVE (5) SWEEPSTAKES FIRST PRIZES: Real. Big. Fathead Wall Graphic. ARV: $99.99. TEN (10) SWEEPSTAKES SECOND PRIZES: Dick Vitale Fathead Jr. Wall Graphic. ARV: $39.99. ONE (1) SWEEPSTAKES THIRD PRIZE: Dick Vitale Autographed Basketball. ARV: $30.00. SIX (6) SWEEPSTAKES FOURTH PRIZES: Dick Vitale Autographed Book. ARV: $25.00. TWO (2) SWEEPSTAKES FIFTH PRIZES: Dick Vitale Autographed DVD. ARV: $20.00. SIX (6) SWEEPSTAKES SIXTH PRIZES: Dick Vitale Autographed Photos. ARV: $10.00.
Instant Win Prizes: FIVE (5) INSTANT WIN GRAND PRIZES: Code redeemable for a Jumbo Custom Fathead. ARV: $139.99. FIVE (5) INSTANT WIN FIRST PRIZES: Code redeemable for a Real. Big. Fathead Wall Graphic. ARV: $99.99. TEN (10) INSTANT WIN SECOND PRIZES: Code redeemable for a Fathead Jr. Wall Graphic. ARV: $39.99. TEN (10) INSTANT WIN THIRD PRIZES: Code redeemable for a Fathead Laptop Skin. ARV: $24.99. FIFTY (50) INSTANT WIN FOURTH PRIZES: Code redeemable for a pack of Fathead Tradeables. ARV: $9.99.
Limit: One (1) Prize per person. The Total Average Retail Value of Prizes: $3,929.04.
For all prizes: Winners are solely responsible for all federal, state, and local taxes and other fees associated with prize receipt and use. No substitution, assignment or transfer of prizes permitted, except by Sponsor, who reserves the right to substitute a prize with another prize of greater or equal value if prize cannot be awarded as stated. Choice of Real. Big. Fathead Wall Graphic, Fathead Jr. Wall Graphic, Fathead Laptop Skin, pack of Fathead Tradeables, XZipit Game Rocker, and XZipit team logo panel will be limited to those available for purchase on Fathead.com at the time of code or prize redemption.
8. Publicity. Except where prohibited, participation in the Promotion constitutes winner’s consent to Sponsor’s use of winner’s name, likeness, voice, opinions, hometown and state for promotional purposes in any media without further payment or consideration.
9. General Conditions. Sponsor reserves the right to cancel or modify the Promotion if fraud, technical failures or any other factor beyond their reasonable control impairs the integrity of the Promotion, as determined by Sponsor in its sole discretion. In such event, Sponsor reserves the right to award the prizes at random from among the eligible entries received up to the time of the impairment. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be tampering with the entry process or the operation of this or any other Promotion or to be acting in violation of these Official Rules or any other promotion, or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately damage Sponsor’s website or undermine the legitimate operation of this Promotion may be a violation of criminal and civil laws and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
10. Release. By receipt of any prize, each winner agrees to release and hold harmless Sponsor, its related companies, franchisees, and each of its officers, directors, employees and agents from and against any claim or cause of action arising out of participation in the Promotion or receipt or use or misuse of any prize.
11. Limitations of Liability. Sponsor is not responsible for and entrant hereby releases Sponsor from any claims arising from: (1) incorrect or inaccurate transcription of entry information or late, lost, stolen, illegible, incomplete, misdirected, or entries received through impermissible or illegitimate channels, all of which will be disqualified; (2) technical failures of any kind, including but not limited to the malfunctioning of any telephone, computer, network, hardware or software; (3) the unavailability or inaccessibility of any service; (4) unauthorized human intervention in any part of the entry process or the Promotion; (5) electronic or human error which may occur in the administration of the Promotion or the processing of entries; or (6) any injury or damage to persons or property, including but not limited to entrant’s computer, which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Promotion or from downloading any material from Sponsor’s website(s), regardless of whether the material was prepared by Sponsor or a third party, and regardless of whether the material is connected to Sponsor’s website by a hypertext link. 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 award another entry due to discontinuance of the Promotion, or any part of it, for any reason, Sponsor, in its sole discretion, may elect to hold a random drawing from among all eligible entries received up to the date 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, seeding, programming 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, Sponsor reserves the right to award only the stated number of prizes by a random drawing among all legitimate, un-awarded, eligible prize claims.
12. Disputes. Entrant agrees that: (1) any and all disputes, claims, and causes of action arising out of or connected with this Promotion or any prizes 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 Oakland 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 punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant or Sponsor 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.
13. Data Collection. Sponsor collects personal information from you when you enter the Promotion. The information collected is subject to the Fathead, LLC Privacy Policy http://www.fathead.com/TermsAndConditions.aspx#PrivacyPolicy.
14. Winner List: Winner List requests will only be accepted after the promotion end date (listed above) and no later than May 31, 2010. To request a Winner List, write to Fathead You’re A Winner, Baby! Winner List, 20255 Victor Parkway, Suite 100, Livonia, MI 48152.