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DR PEPPER CHERRY HOT 100 VACATION CONTEST
Contest: Dr Pepper Cherry Hot 100 Vacation Contest
Sponsor: Dr Pepper/Seven Up, Inc., 5301 Legacy Drive, Plano, TX 75024
Administrator: Alpha Media Group Inc./Maxim.com, 1040 Avenue of the Americas, 12th Floor, New York, NY 10018
Minimum Age: Entrants must be 21-24 years of age as of date of entry.
ADDRESSES:
Winner's List Address: Hot 100 Vacation Contest, c/o Alpha Media Group, Inc., 1040 Avenue of the Americas, 12th Floor, New York, NY 10018
Website: http://www.maxim.com
DATES:
Start Date: April 1, 2009 (12:01 am Eastern Time)
End Date: April 30, 2009 (11:59 p.m. Eastern Time)
Contest Period: Start Date through End Date.
Judging Date: On or about May 3, 2009
Winners List Request Deadline: June 1, 2009
PRIZE: 1 Grand Prize: 3 day/2 night trip for two to the 2009 MAXIM "Hot 100" Party in Los Angeles, CA. ARV $3,000.00
ELIGIBILITY: Open to legal residents of the United States, who are 21-24 years of age as of date of entry. Employees of Administrator and Sponsor (collectively, the "Contest Entities") or any of their respective parent companies, subsidiaries and affiliates, and their families, are not eligible to participate. All federal, state and local laws and regulations of the United States apply. Void where prohibited or restricted by law. In the event that the Contest is challenged by any legal or regulatory authority, Contest Entities reserve the right to discontinue or modify the Contest, or to disqualify participants residing in the affected geographic areas. In such event, Contest Entities shall have no liability to any entrants who are disqualified due to such an action. By entering this Contest, entrants accept and agree to be bound by these Official Rules and the decisions of the Contest Entities, which shall be final, binding and conclusive on all matters. Grand Prize Winner and guest must be available to travel on any dates selected within the sole and absolute discretion of the Contest Entities pursuant to two weeks' advance notice.
HOW TO ENTER: To enter, follow the links at http://www.maxim.com to the Contests page to reach the official entry form. Then fill in your name, home address, e-mail address, date of birth, and your submission of a "smooth pick-up line" and hit the SEND button. No purchase required to enter or win. Contest will run from 12:01 a.m. Eastern Time on April 1, 2009 through 11:59 p.m. Eastern Time on April 30, 2009. Only one entry/submission per person and per e-mail address will be accepted. Duplicate entries/submissions will be disregarded. Each entrant represents and warrants that the submission has been written by the entrant as an original creation, has never been published, has not previously won any other contest award, does not infringe third party rights, and is suitable for publication and the right to submit it and use as permitted herein is not restricted. Entry submissions cannot defame or invade publicity rights or privacy of any person, living or deceased, or otherwise use or infringe upon any person's or entity's personal or proprietary rights, including trademarks or copyrights. Any attempts to access the site via a bot script or other brute-force attack will result in that IP address becoming ineligible for the entire Contest. Proof of entering information at website is not considered proof of delivery or receipt. All entries become the sole property of the Contest Entities and will not be returned or acknowledged. False and/or deceptive entries or accounts shall render entry ineligible.
No Automated Entries. You must fill out your own entry form without the use of any automated sweepstakes entry filling services or form filling services. The use of any automated, programmed, robotic or similar system to enter is prohibited and will result in disqualification. Entries filled out by anyone other than you will be disqualified. Auto entries prohibited.
JUDGING: One (1) Grand Prize Winner will be selected by Administrator, based upon the submission's originality, creativity, humor, writing style, and relevance to theme, on or about May 3, 2009. The selection of the winning entry shall be within the sole and absolute discretion of the Administrator, whose decisions shall be final. Contest Entities are under no obligation to publish any submissions, in their sole and absolute discretion. If more than one person submits the winning pick-up line, the winning entry will be the first submission that was received at the entry website.
GRAND PRIZE: One (1) Grand Prize Winner will receive a three day/two night trip for the winner and one (1) guest to Los Angeles, California to attend the 2009 MAXIM "Hot 100" Party. The Grand Prize includes roundtrip coach airfare for two (airline to be selected within the sole and absolute discretion of Contest Entities) from the U.S. gateway airport closest to the winner's home, accommodations for two (2) nights (double occupancy) at a hotel to be selected and determined in the sole and absolute discretion of Contest Entities, ground transportation between the airport and hotel, two (2) tickets to the 2009 MAXIM "Hot 100" Party, $450 in spending money, and one (1) digital camera (make and model to be determined within the sole and absolute discretion of Contest Entities). Approximate retail value of the Grand Prize is $3,000. Actual retail value of Grand Prize may vary depending upon city of departure. If the major airport closest to the Grand Prize Winner's residence serves the greater metropolitan area of the 2009 MAXIM "Hot 100" Party, the Grand Prize will not include air transportation or land transfers to the hotel and in lieu of airfare, the Grand Prize winner will receive $50 for driving expenses. All expenses not specifically referred to herein, including, but not limited to, meals, beverages, mini-bar, souvenirs, gratuities, insurance, personal services, incidentals, etc., shall be the responsibility of Grand Prize Winner. Grand Prize Winner and guest must travel on the same itinerary. Minors traveling with the Grand Prize Winner must be accompanied by their parent or legal guardian. All federal, state and local laws and regulations apply. Taxes, if any, are solely the responsibility of the winner. Dates of trip and travel arrangements to be selected and determined in the sole and absolute discretion of the Contest Entities, subject to availability. Blackout dates and restrictions may apply. Grand Prize Winner and guest are responsible for all required travel documentation. No substitution, transfer, assignment or cash equivalent of the prize is permitted, except that Contest Entities may substitute a prize of equal or greater value for any reason. If for any reason the 2009 MAXIM "Hot 100" Party is cancelled in whole or in part, only the balance of the trip and prize will be awarded. Failure to return any required documentation so as to be received within five (5) days of prize notification will result in automatic prize forfeiture. If prize is forfeited for any reason, an alternate winner will be chosen from among all eligible entries.
LIMIT ON ENTRIES: Only one (1) entry per person and per e-mail address will be accepted.
LIMIT ON PRIZES: Limit of one prize allowed per person/household.
PRIZE NOTIFICATION: Winner will be notified by electronic mail and/or regular mail. If Contest Entities are unable to contact the Winner to notify the winner that he or she has been selected as the Winner, or if any notification is returned as undeliverable, for any reason beyond Contest Entities' control, the prize will be forfeited and awarded to an alternate. Winner and guest may be required to execute and return an affidavit of eligibility/release of liability and publicity release (granting Administrator the right to publish the entrant's submission) so as to be received within five (5) days of issuance of notification. Failure to comply with these requirements will result in the award of the prize to an alternate. Winner's name may also be posted at the Website and/or in MAXIM Magazine. The Winner's guest must meet all eligibility requirements of this Contest, and must also execute and return an affidavit of eligibility/release of liability and publicity release by the deadline specified in order for the guest to be permitted to accompany the Winner. The return of the affidavits/releases of liability within the allotted time shall be solely the responsibility of the winner; Contest Entities are not responsible for delays in delivery. Entry constitutes entrant's representation that entrant owns all rights in the submitted pick-up line and entrant's permission to print entrant's name and submission (including any editorial revisions to such submissions, in the sole and absolute discretion of Contest Entities) in MAXIM Magazine and/or the World Wide Web, and, as to Grand Prize Winner, to print Grand Prize Winner's name and winning entry in MAXIM Magazine and/or the World Wide Web and Grand Prize Winner's consent to use his/her name, submission, photograph, and/or voice recordings and likenesses for advertising or publicity purposes in all media, without additional compensation or permission, except where prohibited by law.. Prize will be awarded upon receipt of Affidavit, and verification of prize winner. Any required Affidavits or other documents must be signed by parent/legal guardian of a minor in his/her state of residence.
THE FOLLOWING TERMS AND CONDITIONS APPLY TO THE CONTEST AND ARE PART OF THE FULL OFFICIAL RULES.
NO PURCHASE NECESSARY. VOID IN PUERTO RICO AND OUTSIDE ELIGIBLE STATE(S). PURCHASE DOES NOT IMPROVE CHANCE OF WINNING. CONTEST GOVERNED BY THE LAWS OF TENNESSEE. ALL FEDERAL, STATE AND LOCAL LAWS AND REGULATIONS APPLY.
ELIGIBILITY: Open to legal residents of the United States, who are 21-24 years of age as of date of entry. Employees of Administrator and Sponsor (collectively, the "Contest Entities") or any of their respective parent companies, subsidiaries and affiliates, and their families, are not eligible to participate. All federal, state and local laws and regulations of the United States apply. Void where prohibited or restricted by law. In the event that the Contest is challenged by any legal or regulatory authority, Contest Entities reserve the right to discontinue or modify the Contest, or to disqualify participants residing in the affected geographic areas. In such event, Contest Entities shall have no liability to any entrants who are disqualified due to such an action. By entering this Contest, entrants accept and agree to be bound by these Official Rules and the decisions of the Contest Entities, which shall be final, binding and conclusive on all matters. Grand Prize Winner and guest must be available to travel on any dates selected within the sole and absolute discretion of the Contest Entities pursuant to two weeks' advance notice. GENERAL CONDITIONS: By participating, you accept and agree to abide by the Official Rules and all decisions of Sponsor and its judging and administration organizations, which are final and legally binding in all respects. No substitution or transfer to a third party of all or any part of the prize is permitted. If, for any reason, a prize cannot be awarded or the winner is not capable of redeeming a prize, Sponsor is not obligated to award it and Sponsor reserves the right, in its sole discretion, to substitute the prize (or portion of prize) with a prize of comparable or greater value or cash value. Winners are solely responsible for all federal, state and local taxes, if any, on prizes and any expenses not specifically awarded in the Official Rules. Non-compliance with these Official Rules may result in disqualification. Acceptance of prize constitutes permission for Sponsor and its designees to use winner's name and/or likeness for purposes of advertising and promotion in any medium, without further compensation, except as prohibited by law.
RELEASE OF LIABILITY: BY ENTERING THE CONTEST, YOU HEREBY AGREE THAT IN NO EVENT WILL CONTEST ENTRIES OR ANY OTHER RELEASEE BE RESPONSIBLE OR LIABLE FOR, AND YOU HEREBY RELEASE THEM FROM, ANY AND ALL CLAIMS, ACTIONS, DAMAGES, LOSSES, COSTS, EXPENSE OR LIABILITY OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, PROPERTY DAMAGE, PERSONAL INJURIES AND/OR DEATH, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, AND COUNSEL FEES AND COURT COSTS) ARISING OR RESULTING FROM ANYTHING RELATING TO:
· THE PRODUCTION, PROMOTION, ADMINISTRATION OR EXECUTION OF THE CONTEST (OR YOUR PARTICIPATION IN IT); · CANCELLATION, MODIFICATION OR RESCHEDULING OF ANY ASPECT OF THE CONTEST; · USE OF ANY WEB SITE(S) RELATED TO THE CONTEST OR MATERIALS ON THE WEB SITE; · ACCEPTANCE, POSSESSION, USE, MISUSE, OR NONUSE OF THE PRIZE; OR · PARTICIPATING IN OR TRAVELING TO ANY CONTEST-RELATED ACTIVITY.
"RELEASEES" MEANS SPONSOR, ALL CONTEST PARTIES, CONTEST PROVIDERS AND ALL OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, SHAREHOLDERS, DIRECTORS AND AGENTS.
LIMITATIONS: Neither Contest Entries nor any other Releasee is responsible for: · lost, late, damaged, incomplete, illegible, stolen, misdirected, or postage due mail, shipping or email; · any website, computer, telephone, satellite, cable, network, Internet or other equipment, electronics, software, service, transmission, connection, processing or other errors, failures, congestion, accessibility or availability issues; · unauthorized access, tampering, hacking, theft or destruction; or · other technical or human error in the receipt or processing of entries, game piece requests or other submissions (whether to or from) or otherwise related to the production, promotion, administration or execution of the Contest.
PRIVACY: Any personal information supplied by entrants to Alpha Media Group Inc. will be subject to Alpha Media Group Inc.'s privacy policy located at www.maxim.com. Additionally, by opting into specific offers from the Contest Entities, your personal information will be subject to each entity's respective privacy policies and you agree to receive additional e-mail communications from those entities.
TAMPERING/VIOLATIONS/DISRUPTION: Contest Entities may, in their sole determination, disqualify any person they believe may be tampering with the entry or other operation of the Contest or acting in violation of the Official Rules, in a non-sportsmanlike or disruptive manner or with intent to annoy, abuse, threaten or harass any other person.
CAUTION: ANY ATTEMPT TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. CONTEST ENTITIES RESERVE THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON OR ENTITY TO THE FULLEST EXTENT PERMITTED BY LAW.
CANCELLATION/MODIFICATION: Contest Entities may, in their sole discretion, cancel, terminate, modify or suspend the Contest if the Contest is not capable of running as Contest Entities planned for any reason (including, but not limited to, due to tampering, unauthorized intervention, computer virus, fraud, technical or human error or any other causes which Contest Entities, in their sole opinion, deem could corrupt or affect the administration, security, fairness, integrity or intended conduct of this Contest).
EMAIL ACCOUNT HOLDER: If the holder of an email account is disputed, entry will be deemed made by the natural person who is assigned to the e-mail address by the internet access provider, online service provider or other organization (e.g., business, school, etc.) that assigns e-mail addresses for the domain associated with the e-mail address.
NO PRIZE WARRANTY: WITHOUT LIMITING THE FOREGOING, ALL PRIZES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR OF IMPLIED WARRANTIES. CHECK YOUR LOCAL LAWS. SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY.
DISPUTES: CONTEST IS GOVERNED BY, AND WILL BE CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF TENNESSEE. IF NOT RESOLVED THROUGH DIRECT DISCUSSIONS, ANY CLAIM SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION WITH AN EXPERIENCED ARBITRATOR LICENSED TO PRACTICE LAW IN TENNESSEE. FORUM AND VENUE FOR ANY ARBITRATION PROCEEDINGS WILL BE IN NASHVILLE, DAVIDSON COUNTY TENNESSEE. THE REMEDY FOR ANY CLAIM SHALL BE SUBJECT TO ALL LIMITATIONS AND RELEASES SET FORTH IN THESE RULES, BE LIMITED TO ACTUAL OUT OF POCKET DAMAGES, AND SHALL NOT, IN ANY EVENT, INCLUDE ANY PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR INCIDENTAL DAMAGES, ATTORNEY'S FEES OR COSTS OF BRINGING A CLAIM, OR ANY INJUNCTIVE OR OTHER EQUITABLE RELIEF.
CONTEST ADMINISTRATION: Administrator is responsible for the collection, submission and processing of entries and the overall administration and execution of the Contest. Entrants should look solely to Administrator at its above address with any questions, comments or problems related to the Contest.
WINNERS LIST: For the name of the winner, send a self-addressed, stamped envelope to Hot 100 Vacation Contest, c/o Alpha Media Group Inc., 1040 Avenue of the Americas, 12th Floor, New York, NY 10018 by July 31, 2008. (Vermont and Washington residents and residents of any other states where this requirement is proscribed by law may omit stamp.)
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