1. Introduction
MacGrab.com at 7559 Hansom Dr., Oakland, CA 94605 with Future-US Inc. MacUpdate.com, Inventive Inc. will collectively be known as ("Sponsor") is offering a game of chance (the "Game") to announce the release of AppZapper and Menuet -- software by their respective owners (the "Software").
2. How to Play
Participants in the Game are registered during the Game Period via http://macgrab.com. Game registration is free. Sponsor is not responsible for lost, late, incomplete, invalid, illegible, or misdirected entries, which will be disqualified; for failed, partial or garbled computer transmissions; for technical failures of any kind, including, but not limited to electronic malfunctioning of any network, hardware or software; or for any error, human, technical or otherwise. Alternative method to enter without registering at the http://macgrab.com web site: hand-print your name, address, city, state, zip, day and evening phone numbers, your e-mail address, and the words "MacGrab - Winners Every 5 Minutes (MWSF 06 Edition) Sweepstakes" on a 3" x 5" card, and mail it in a stamped #10 envelope to: MacGrab.com., c/o "MacGrab - Winners Every 5 Minutes (MWSF 06 Edition) Sweepstakes", 7559 Hansom Dr., Suite 3100, Oakland, CA 94605. Mail-in entries must be postmarked by January 11, 2006 and received by January 13, 2006. Only one entry per valid e-mail address per raffle round will be accepted. No mechanical reproductions permitted. Entries become the property of MacGrab.com and will not be returned.
3. How to Win
The winner will be determined in a random drawing to be held in five-minute increments between 9:00 am PST and 5:00 pm PST during January 09 through January 13, 2006. The Sponsor will notify the Participant via the registered e-mail address within SEVEN (7) days of the drawing. The Prize is subject to the terms and conditions set forth in these Official Rules. Entry to the sweepstakes is valid for the duration of the Game, the timing of which is set forth below. Odds of winning depend on the number of eligible entries received.
4. Timing
The "MacGrab - Winners Every 5 Minutes (MWSF 06 Edition) Sweepstakes" ("Sweepstakes") begins January 09, 2006, at 9:00:00 a.m. Pacific Standard Time ("PST") and ends January 13, 2006, at 5:00:00 p.m. PST, (the "Game Period").
5. Prizes and Odds
The prizes offered in the Game consist of 384 individual software licenses for AppZapper and Menuet, 25 individual software licenses of iClip (the "Prizes") which Sponsor will deliver via e-mail or U.S. Mail. Estimated value of the prizes ranges from $12.95 to $19.95. No refunds or credit for changes are allowed. Sponsor makes no warranties or representations regarding terms and conditions of usage of the Prizes. MacGrab.com makes no warranties or representations, either expressed or implied, and expressly disclaims any and all liability (including consequential damages) with respect to type, quality or fitness of goods or services provided by the software of the Sponsors and aforementioned Prizes. No cash or other substitution permitted, except by Sponsor, who reserves the right to substitute the Prize with another prize of equal or greater value in the event of unavailability. The odds for winning the Prize depend on the total number of participants in the Game.
6. Who is Eligible
The Sweepstakes is open only to residents of the fifty United States and the District of Columbia, who are 18 years of age or older, except residents of Florida, New York and Rhode Island, employees of MacGrab.com, Future US, Inc., MacUpdate, Inventive Inc., their subsidiaries, affiliates, and agents, and the immediate family (defined as parents, children, siblings, husband, wife, or life partner) of each such employee, together with those with whom such employees are domiciled, are not eligible. Void in Florida, New York and Rhode Island and wherever prohibited or restricted by law. Sweepstakes is governed by U.S. law and subject to all applicable federal, state and local laws and regulations. By entering the Sweepstakes, participants agree to accept and be bound by all terms of these Official Rules and Regulations.
7. General Terms and Conditions
Except where prohibited by law, participation in the Game constitutes the winner's consent to Sponsor's use of the winner's name and statements made by the winner about the Game, Sponsor, or Prize information for promotional purposes in any media without further payment or consideration. All entries will be deemed made by the authorized account holder of the e-mail address submitted at the time of entry, and any potential winner may be required to show proof of being the authorized account holder for that e-mail address. The "authorized account holder" is the natural person assigned to an e-mail address by an Internet service provider, online service provider, or other organization responsible for assigning e-mail address for the domain. By receipt of any prize, the winner agrees to release and hold harmless MacGrab.com, its related companies, and its officers, directors, employees and agents from and against any claim or cause of action arising out of participation in the Game or receipt or use of the prize. All entries become the property of Sponsor, and none will be returned. Sponsor is not responsible for any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from downloading any material from Sponsor's Web site, regardless of whether the material was prepared by Sponsor or a third party, and regardless of whether the material is connected to the Sponsor's Web site by a hypertext link. Sponsor reserves the right to cancel or modify the Game if fraud, technical failures, or any other factor beyond Sponsor's reasonable control impairs the integrity of the Game as determined by Sponsor in its sole discretion. In such event, Sponsor reserves the right to award the Prizes at random from the eligible entries received up to the time of the impairment. All federal, state and local laws and regulations apply. Sponsor's decisions as to all administrative aspects of the Game and the determination of the winner are final and binding on Participants.
8. Dispute Resolution
By participating in the Game, each Participant agrees that: (1) any and all disputes, claims, and causes of action arising out of or connected with this Game, or any prize awarded, other than the administration of the Game or the determination of winners shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Courts for the Northern District of California (San Jose Division) or the appropriate California State Court located in Santa Clara County, 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 Game but in no event attorneys' fees; and (3) under no circumstances will the Participant be permitted to obtain awards for and each Participant 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. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of Participants and Sponsor in connection with the Game, 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 of provisions (whether of the State of California, or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of California. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
9. Data Use
Sponsor will be collecting personal data about Participants when they register for the Game by entering for a chance to win the Prizes. Please review MacGrab's privacy policy at http://macgrab.com/page.php?page=privacy. By participating in the Game, Participants hereby agree to all personal information uses and disclaimers as explained in MacGrab's privacy policy.
10. Copy of Official Rules and Past Winners
Sponsor will post the name of the winner on the Web Site after the winner was notified and will maintain the winner list at http://macgrab.com/winners.php for approximately six months after the drawing. Any person may obtain a copy of the Official Rules for the Game by mail by sending a self-addressed, stamped envelope to MacGrab.com, c/o Official Rules, 7559 Hansom Dr., Suite 3100, Oakland, CA 94605. Residents of VT and WA may omit return postage. Any person may obtain a copy of the winner list by sending a self-addressed stamped envelope to MacGrab.com, c/o Winners List, 7559 Hansom Dr., Oakland, CA 94605. Requests for Official Rules and Winner List must be received no later than six months after drawing.