1. BASICS OF THE ALIVANS.COM FREE WAND GIVEAWAY (“FWG”):
FWG is a sweepstakes on the Internet used as incentive for Alivans.com visitors to familiarize themselves with content and products available at Alivans.com (“Sponsor”). Visitors participate in the FWG on the Alivans.com web site where they can become eligible for the wand giveaway.
FWG is open to natural persons who have Internet access and a valid e-mail account as of (today’s date) All participants must provide their own Internet access and be responsible for the effectiveness of their connection. This sweepstakes is void where prohibited by law. Employees of Sponsor, its affiliates and agents, and prize sponsors and the immediate family (defined as parents, children, siblings and spouse) of each such employee, together with those with whom such employees are domiciled are not eligible.
3. HOW TO ENTER:
To enter, access the Alivans.com web site at www.alivans.com. Visit the Win a Magic Wand page within the site and enter in the random drawing for that month. All entries must be received by 11:59 PM, EST on the day previous to the next scheduled drawing, to be entered in that month's drawing. Participants of FWG are limited to one entry per person per month and entries from previous month will remain in the contest drawing for following months. Multiple entries from the same entrant will void all such entries for that entrant. Sponsor and its agents are not responsible for misdirected, illegible, incomplete, stolen or garbled, fragmented, or delayed Internet/e-mail computer transmissions or network/ISP/web site/or Internet accessibility. All entries become the property of Sponsor, and will not be acknowledged or returned to entrants.
4. HOW TO WIN:
Winner will be selected in a random drawing from all eligible entries. This drawing will be conducted by Alivans.com. The decision of Alivans.com is final and binding in all respects. Chances of winning are contingent upon the number qualified entries received.
5. NOTIFICATION AND REDEMPTION:
Winner will be notified and confirmed by e-mail. Winner will be required to verify his or her identity, and may be asked to sign an affidavit of eligibility/liability and publicity release, except where prohibited, within 3 days of notification. In the event of non-compliance with these requirements, prize may be forfeited and awarded to an alternate winner. Prize or prize notification returned as undeliverable or unclaimed will be forfeited and an alternate winner may be selected. All federal, state and local taxes and all surcharges and fees on the prize are the sole responsibility of the winner. Prize cannot be transferred or assigned and no prize or cash substitutes allowed, except at Sponsor’s sole discretion, due to prize unavailability for any reason and only then for a prize of equal or greater value.
(1) One Alivan’s magic wand (or broom if applicable) with box of a type currently available for sale at www.alivans.com (type to be chosen by winner), approximate retail value (ARV): $45.00 US. Acceptance of prize constitutes permission for Sponsor and its agents to use winner’s name and likeness for advertising and promotional purposes in any media without additional compensation unless prohibited by law. Sponsor will not replace any lost or stolen prize.
7. TERMS AND CONDITIONS:
By accepting these terms, participants agree to abide by these Official Rules. By entering, participants agree to release and hold harmless Alivans.com, and its affiliates, principals, directors, officers, employees and agents from any and all liability for any damages, loss or injury of any kind. This includes direct, special, consequential, exemplary or indirect damages, or claims based on publicity rights, defamation, or invasion of privacy, arising from or in connection with the FWG or sweepstakes or any prize won, whether arising out of contract, warranty, negligence, strict liability in tort or otherwise.
PERSONAL INFORMATION: Sponsor (and select partners) will retain and analyze information provided by you for purposes necessary for market research and for the purpose of informing you of ongoing contests and promotions, as well as for the administration of the FWG. Any requests for access to the information you have supplied, or to update or rectify, may be submitted in writing to Sponsor. All data becomes 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 participation in the sweepstakes or from downloading any material from Alivans.com server or from any other 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 Alivans.com server by a hyperlink.
CONDUCT: Sponsor reserves the right, in its sole discretion, to disqualify any individual for: (a) tampering with the entry process, the operation of the sweepstakes or the Alivans.com web site, (b) acting in violation of the official rules; (c) acting with the intent to annoy, abuse, threaten or harass any other person. No electronic devices or software programs may be used to gain false profits and winnings. Any fraudulent attempts to claim prizes or to circumvent the rules of this sweepstakes will subject such individual to prosecution and prizes will not be issued.
LIMITATIONS OF LIABILITY: Sponsor is not responsible for any incorrect or inaccurate information, whether caused by web site users or by any of the equipment or programming associated with or utilized as part of this sweepstakes, nor by any technical or human error which may occur in the course of administration of this sweepstakes or awarding of prizes. 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. Sponsor is not responsible for any problems or technical malfunction of any telephone network lines, computer online systems, servers or providers, computer equipment, software, failure of e-mail, or players on accounts of technical problems with traffic congestion on the Internet, including injury or damage to participants, or to any other person’s computer, related to or resulting from participating or receiving materials in this sweepstakes. If, for any reason, the sweepstakes is not capable of operating as planned, including infection by computer viruses, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Sponsor which corrupts or affects the administration, security, fairness, integrity or proper conduct of the sweepstakes, then Sponsor reserves the right, at its sole discretion, to cancel, terminate, modify or suspend the sweepstakes.
AGREEMENT TO BE BOUND: By participating in the sweepstakes, winner agrees: (1) to be bound by all of these rules and the decisions of Sponsor; (2) winner, winner’s agent, successors, heirs and assigns, release Sponsor and its owner, successors, subsidiaries and assigns from any and all liability associated with this sweepstakes; (3) any dispute, disagreement or lawsuit filed as a result of accessing this web site will be resolved under the laws of the State of Florida, USA; and (4) any action or lawsuit brought in a court of competent jurisdiction in the State of Florida, USA, and winner agrees that he/she is subject to personal jurisdiction therein.
Winners list and a copy of the complete Official Rules are available through www.Alivans.com, or by sending a self-addressed, stamped envelope to: Contest Winners, Alivan’s , P.O. Box 387, Panama City, FL 32402. Winners list available after Jan. 31, 2003.