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NO PURCHASE TO ENTER OR WIN. THIS SWEEPSTAKES IS OPEN TO RESIDENTS OF THE STATE OF ILLINOIS ONLY AND SHALL ONLY BE CONSTRUED AND EVALUATED ACCORDING TO ILLINOIS LAW. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
PARTICIPATION CONSTITUTES PARTICIPANT’S FULL AND UNCONDITIONAL AGREEMENT TO AND ACCEPTANCE OF THESE "OFFICIAL RULES".
I. SWEEPSTAKES PERIOD: The “Consumer Survey – Infusium 23” Sweepstakes (the “Sweepstakes”) begins on or about 12:00 a.m. Central Time (“CT”) on Wednesday, March 3, 2010 and ends at 11:59 p.m. CT on Saturday, July 31, 2010 (the “Entry Period”). The sponsors of The Sweepstakes are North Star Research, 423 Wiltshire Lane, Crystal Lake, IL 60014 (“the Sponsor I”) and Impact Group Euro RSCG, LLC, 36 E. Grand Avenue, Chicago, IL 60611 (“the Sponsor II”).
II. ELIGIBILITY: The Survey Sweepstakes is open only to legal residents of the state of Illinois, who are at least eighteen years of age or older as of March 3, 2010. Those not eligible to participate in the Sweepstakes are officers, members, directors and employees of Idelle Management Company, Helen of Troy, North Star Research, Impact Group Euro RSCG, LLC and Comcast Spotlight, LLC, their parent, affiliates, subsidiaries, divisions, advertising, promotion agencies, and anyone who is employed with a company or organization that contracts with or in any way conducts official business with these companies (collectively, the “Released Entities”), and the immediate family members (parent, in-laws, grandparents, children, grandchildren, siblings, and spouse) of, or persons living in the same household as such individuals (whether related or not). Void where prohibited, taxed or otherwise restricted by law. Winning a prize is contingent upon fulfilling all requirements set forth herein.
III. HOW TO ENTER THE SWEEPSTAKES:
A.) Enter through a mailed survey invitation: A participant must complete all questions in the market research survey. In order to be a valid entry, participants must provide their true and correct valid name, address, city, zip code and telephone number. To return the survey, fold and drop it in the mail. Postage is not required. To receive one (1) entry into the Sweepstakes, each marketing research survey pertaining to this Sweepstakes must be completed and received by July 31, 2010. Limit one (1) entry per person, per household address. Surveys will only be active through July 31, 2010. No mechanically reproduced, illegible, or incomplete, entries will be accepted. Sweepstakes entries will be deemed null and void and will be rejected if not submitted through authorized, legitimate channels. The use of any device to automate the entry process is prohibited.
B.) Alternative Means of Entry: You may also enter without the survey requirements by hand printing on a 3”x 5” card the following information: i.) your full name, ii.) date of birth, iii.) street address (including zip code), iv.) daytime phone number. Mail the 3”x 5” card in a first class stamped envelope to: North Star Research Consumer Survey-Infusium 23, P.O. Box 1801, Crystal Lake, IL 60039-1801. Limit is one separately mailed-in entry. Your entry must be postmarked by the July 27, 2010 and received by July 31, 2010. Incomplete, illegible entries or those containing incorrect information will be voided. Proof of sending a submission will not be deemed to be proof of receipt by Sponsor. Sponsor is not responsible for mail that is lost, late, incomplete, invalid, unintelligible, illegible, stolen, damage, or misdirected. Postage due mail entries will be disqualified. Use of any automated system to submit entries is prohibited and will result in disqualification of all such entries as well as the entrant. No photocopies, facsimiles or other mechanically reproduced entries permitted.
Sponsor may disqualify any Entry that it deems to have violated any provision of the Official Rules, and its decisions in this regard are final. All entries become the exclusive property of Sponsor and will not be acknowledged or returned. By participating in this Sweepstakes, entrants agree to be bound by these Official Rules and the decisions of the Sweepstakes Administrator.
IV WINNER DRAWING, NOTIFICATION AND ODDS:
The Prize Winners (the “Winners”) will be selected from among all eligible entries received in a random drawing by North Star Research, whose decisions are final in all matters relating to this Sweepstakes. The selection of the Prize Winners will be completed on or about August 27, 2010. Odds of winning in the drawing depend upon the number of entries received by the time of the drawing date. The Potential winners will be notified by telephone, mail or e-mail. Upon initial notification and verification of potential winner(s) confirmation, winner will be required to provide a mailing address and will be sent confirmation in writing via USPS mail, or other home delivery service of sponsor’s choice.
V. PRIZES:
One (1) Grand Prize Winner will be awarded a $500.00 check.
One (1) Second Prize Winner will be awarded a $250.00 check.
Five (5) Third Prize Winners will each be awarded a $50.00 check.
Sponsor reserves the right, at their sole discretion, to substitute any cash with another prize of equal or greater value in the event that the advertised prize (or any component thereof) is not available.
All decisions by Sponsor(s) as to prizewinners and prizes are final.
VI. PRIZE TERMS AND CONDITIONS:
A Prize Winner is required to comply with any and all applicable federal, state and local laws, rules and regulations. The prize Winner will be solely responsible for all federal, state and/or local taxes, and for any other fees or costs associated with the prize they receive. All properly claimed prizes will be awarded. By accepting the prize, the prize winner shall immediately release the Sponsor, its members, officers, employees, agents, successors and assigns and its franchisees, for, from and against any and all liability whatsoever for any injuries, losses, or damages of any kind caused by entering the promotion. The Sponsor and its agents are not in any way responsible or liable for damages resulting from shipping and handling, loss, theft, or use/misuse of prize awarded in this Sweepstakes. No transfer of prize will be permitted. The Sponsor reserves the right at its sole discretion to substitute any cash prize with another prize (or cash equivalency) of equal or greater value. The Winner’s acceptance of a prize constitutes permission (except where prohibited) for the Sponsor to use the winner’s name, photograph, likeness, statements, biographical information, voice and address (city and state) for any and all public relations, advertising and/or promotional purposes as determined by Sponsor, in all forms of media and by all manners (now and hereafter known), in perpetuity, without notice, consent, review or approval or further compensation.
VII. LIMITATIONS OF LIABLILTY: If for any reason, this Sweepstakes is not capable of running as planned due to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of the Sponsor which corrupts or affects the administration, security, fairness, integrity or proper conduct of the Sweepstakes, the Sponsor reserves the right, at its sole discretion, to disqualify any individual who tampers with the entry process (if applicable), and to cancel, terminate, modify or suspend the Sweepstakes in whole or in part, at any time, without notice and award the prize using all non-suspect eligible entries received as of the termination/suspension date. Sponsor 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. The Sponsor also is not responsible for any problems or technical malfunction of any telephone network or telephone lines, computer on-line systems, servers, or providers, computer equipment, software, failure or delay of any entry to be received by Sponsor on account of technical problems, human error or traffic congestion on the Internet or at any website, or any combination thereof. Sponsor is not responsible for any damage to a Participant’s system, which is occasioned by participating in this Sweepstakes or by downloading any information necessary to participate in the promotion. Sponsor also is not responsible for incorrect or inaccurate entry information whether caused by Internet users or by any of the equipment or programming associated with or utilized in the Sweepstakes or by any technical or human error, which may occur in the processing of the entries in the Sweepstakes. If any provisions of the Official Sweepstakes Rules are determined by a court of competent jurisdiction to be invalid or unenforceable, such determination shall not affect the validity or enforceability of any other provision. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.
VIII. RELEASES: All Participants, as a condition of participation in this Sweepstakes, agree to indemnify, release and hold harmless Sponsor and Released Entities from and against any and all liability, claims, damages, injuries or actions of any kind whatsoever for injuries, damages, or losses to persons or property which may be sustained in connection with: (a) accessing the Sponsor's Web Site; (b) participating in any aspect of the Sweepstakes, including, without limitation, while preparing for, participating in and/or traveling to or from any prize or Sweepstakes-related activity, including, without limitation, any injury, damage, death, loss or accident to person or property; (c) the receipt, ownership, possession, use or misuse of any prize awarded; (d) viruses or any downloading or other problems with the Sweepstakes Application, or; (e) any typographical or other error in these Official Rules or the announcement of offering of any prize. Sponsor makes no representations or warranties of any kind concerning the appearance, safety or performance of any prize, except for any express manufacturer's warranty as may be included with the prize. The First Prize winner bears all risk of loss or damage to his/her respective prize after it has been delivered.
IX. GOVERNING LAW/DISPUTES: By participating, Participants agree to be bound by the Official Rules, Sponsor's Web Site Terms of Use (if any and if applicable to Participant's method of participating Web Site Terms of Use), and the decisions of the Sponsor and Administrator, which are final and binding in all respects. The Sweepstakes and these Official Rules shall be construed and governed in accordance with the laws of the State of Illinois. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of Participants, Sponsor, or the Released Entities in connection with the Sweepstakes will be governed by and construed in accordance with the internal laws of the State of Illinois, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other states laws.
Except where prohibited, as a condition of participating in this Sweepstakes, the parties agree that any and all disputes which cannot be resolved between the parties, claims and causes of action arising out of or connected with this Sweepstakes, or any prizes awarded, or the determination of winners shall be resolved individually, without resort to any form of class action exclusively by arbitration pursuant to the commercial arbitration rules of the American Arbitration Association, then effective. Further, in any such dispute, under no circumstances will Participant be permitted to obtain awards for, and hereby waives all rights to claim punitive, incidental or consequential damages, or any other damages, including attorneys' fees, other than Participant's actual out-of-pocket expenses (e.g., costs associated with entering this Sweepstakes), and Participant further waives all rights to have damages multiplied or increased. The arbitration shall be conducted in the State of Illinois, in the City of Chicago, County of Cook or McHenry, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. The arbitrator will apply the substantive laws of the state of Illinois, will issue a written decision and will have the power to award any legal remedies except as limited by these Official Rules. The parties will split the arbitrator’s fee; provided, however, if applicable law requires Sponsor to pay the arbitrator’s fee in order for the arbitration provision to be enforceable, Sponsor shall have the discretion to elect to pay such fees and proceed to arbitration. Participant irrevocably waives any right to bring or join in any class action regarding the Sweepstakes. Judgment upon the arbitration award may be entered in any court having jurisdiction thereof. This arbitration provision shall be deemed to be self-executing, and in the event that any party fails to appear to any properly noticed arbitration proceeding, an award may be entered against such party notwithstanding said failure to appear.
BY ENTERING THE SWEEPSTAKES, PARTICIPANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED TWO HUNDRED FIFTY DOLLARS ($250.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (2) UNDER NO CIRCUMSTANCES WILL ANY PARTICIPANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES NOT TO EXCEED TWO HUNDRED FIFTY DOLLARS $250.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (3) PARTICIPANTS’ REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND PARTICIPANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.
X. WINNERS LIST/OFFICIAL SWEEPSTAKES RULES REQUEST: For the names and city/state of residence of Winner, or a copy of these Official Rules, send a request specifying a copy of the Winner’s List or Official Rules along with a self-addressed, stamped envelope postmarked by 9/11/10 and received by 9/14/10 mail to: North Star Research Consumer Survey - Infusium 23, P.O. Box 1801, Crystal Lake, IL 60039-1801. VT and WA residents may omit return postage for Official Rules requests.
XI. SPONSOR: North Star Research, 423 Wiltshire Lane, Crystal Lake, IL 60014 and Impact Group Euro RSCG, 36 E. Grand Avenue, Chicago IL 60611.
XII. MISCELLANEOUS: The names of individuals, groups, companies, products and services mentioned herein, and any corresponding likenesses, logos and images thereof reproduced herein, have been used for identification purposes only and may be the copyrighted properties and trademarks of their respective owners. The mention of any individual, group or company, or the inclusion of a product or service as a prize, does not imply any association with or endorsement by such individual, group or company or the manufacturer or distributor of such product or service and, except as otherwise indicated, no association or endorsement is intended or should be inferred. The invalidity or unenforceability of any provision of these Official Rules or the Prize Acceptance Release will not affect the validity or enforceability of any other provision. In the event that any provision of the Official Rules or the Prize Acceptance Release is determined to be invalid or otherwise unenforceable or illegal, the other provisions will remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. Sponsor’s failure to enforce any term of these Official Rules will not constitute a waiver of that provision. For Participant, to the extent there is a conflict between Official Rules appearing any other location and any terms of use or other agreements posted on the Sponsor's Web Site, these are the Official Rules to be abided by.
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