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1. DESCRIPTION OF THE CONTEST: The ESLI
Surveillance Monthly Sweepstakes (the “Contest”, the "Giveaway") is designed to encourage
participants to join ESLI’s Mailing List.
2. SPONSOR: The Contest is sponsored by ESLI
(“ESLI”) with principal place of business New York USA.
3. BINDING AGREEMENT: In order to enter the Contest,
you must agree to these Official Rules (“Rules”). Therefore, please read these
Rules prior to entry to ensure you understand and agree. You agree that
submission of an Entry in the Contest constitutes agreement to these Rules. You
may not submit an entry to the Contest and are not eligible to receive the
prizes described in these Rules unless you agree to these Rules. These Rules
form a binding legal agreement between you and ESLI with respect to the Contest.
4. ELIGIBILITY: The Contest is open to individuals
who are eighteen (18) years of age or older on January 01 2008, and who have
agreed to these Rules (“Participants”). The Contest is not open to residents
outside of the United States and is void in any other state, or province where
prohibited or restricted by U.S. or local law. Employees, interns, contractors,
and official office-holders of (1) ESLI, (2) the parent companies, affiliates
and subsidiaries of either ESLI or any members of ESLI immediate families
(defined as parents, children, siblings and spouse, regardless of where they
reside, and/or those living in the same household of each) are ineligible to
participate in the Contest. You must have access to the Internet and have or
sign up for a free ESLI Monthly News Letter in order to enter.
5. CONTEST PERIOD: The Contest begins at 12:00:00
A.M. Eastern Time (ET) Zone in the United States on on date listed on our MOG
Contest page and ends one week after start date (“Contest Period”). You are responsible for
determining the corresponding time zone in your respective locations.
6. SUBMISSION OF ENTRIES:
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Tasks: In order to submit an Entry to the Contest, Participants must visit
the Main Contest Webpage at http://www.eyespyli.com.
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Language: All Entries must be in English unless otherwise specified in the
Task description. Entries in any other language will not be considered
unless otherwise specified. Entries that are lewd, obscene, pornographic or
otherwise inappropriate to the Contest will be disqualified at ESLI’s sole
discretion.
7. JUDGING: Each entry will be judged by a panel associated with
the ESLI. If a Participant wishes to challenge the ESLI’s determination as to
whether or not an Entry should qualify as a Completed Entry, he/she must do so
through the email link provided on the Main Contest Page. In this event, ESLI
will reexamine the relevant Entry and make a final determination, in its sole
discretion, as to whether the Entry should be classified as a Completed Entry.
The decision of ESLI in this matter is final and binding. Winners will be
notified by email and a list of monthly winners will be posted on the Main Contest Page
on or before the second week of the following month.
9. PRIZES WINNERS: Each eligible winner will receive an ESLI’s hand picked prize choosing from a list of prizes.
10. TAXES: PAYMENTS TO POTENTIAL WINNERS ARE SUBJECT
TO THE EXPRESS REQUIREMENT THAT THEY SUBMIT TO ESLI ALL DOCUMENTATION REQUESTED
BY ESLI TO PERMIT IT TO COMPLY WITH ALL APPLICABLE US, STATE, LOCAL AND FOREIGN
(PROVIAL) TAX REPORTING AND WITHHOLDING REQUIREMENTS. ALL PRIZES WILL BE NET OF
ANY TAXES ESLI IS REQUIRED BY LAW TO WITHHOLD. ALL TAXES IMPOSED ON PRIZES ARE
THE SOLE RESPONSIBILITY OF THE WINNERS. In order to receive a prize, potential
winners must submit the tax documentation requested by ESLI or otherwise
required by applicable law, to ESLI or the relevant tax authority, all as
determined by applicable law, eluding, where relevant, the law of the potential
winner’s country of residence. The potential winner and his/her parent or legal
guardian is responsible for ensuring that (s)he complies with all the applicable
tax laws and filing requirements. If a potential winner fails to provide such
documentation or comply with such laws, the prize may be forfeited and ESLI may,
in its sole discretion, select an alternative potential winner.
11. GENERAL CONDITIONS: ESLI reserves the right to
substitute an alternate prize of equal or greater value in the event all or part
of a prize becomes unavailable. Prizes are awarded without
warranty of any kind from ESLI, express or implied, without limitation, except
where this would be contrary to federal, state, or local laws or regulations.
All federal, state, and local laws and regulations apply. Submission of an Entry
in this Contest constitutes agreement by the Participant to the terms and
conditions of these Rules. Decisions of ESLI and the Judges are final and
binding on all matters pertaining to this Contest. Return of any prize/prize
notification may result in disqualification and selection of an alternate
winner. Any potential winner who cannot be contacted by email within 15 days of
attempted first notification will forfeit his/her prize. Potential prize winner(s) and their parents/legal guardians may be required to sign and return
an Affidavit or Declaration of Eligibility, and Liability/Publicity Release
within 30 days following the date of first attempted notification. Failure to
comply within this time period may result in disqualification and selection of
an alternate winner. Failure to follow
such schedule shall not obligate ESLI in any way to provide the winner with
alternate arrangements. ESLI reserves the right to disqualify any Participant
from the Contest if, in ESLI’s sole discretion, it reasonably believes that the
Participant has attempted to undermine the legitimate operation of the Contest
by cheating, deception, or other unfair playing practices or annoys, abuses,
threatens or harasses any other Participants, ESLI, the Judges, or participating
ESLIs. Please allow six (6) weeks from the Contest closing date for prizes to be
awarded. Minimum number of contestants are required each month for drawing to
take place. Should the number of contestants fall below 100 entries, ESLI
reserves the right to cancel that months giveaway. This is at the sole
discursion of ESLI.
12. INTELLECTUAL PROPERTY RIGHTS: As between ESLI on the one hand and Participant on the other hand, the Participant
retains ownership of all intellectual and industrial property rights (moral
rights) in and to the Entry that Participant had before submitting the Entry. As
a condition of entry, Participant grants ESLI a perpetual, irrevocable,
worldwide, royalty-free, and non-exclusive license to use, reproduce, adapt,
modify, publish, distribute, publicly perform, and publicly display any Entry
that Participant submits to this Contest (1) for the purposes of allowing ESLI
and the Judges to test and evaluate the Entry for purposes of the Contest, and
(2) in connection with advertising and promotion via communication to the public
or other groups, but not limited to the right to make screenshots, animations
and video clips available for promotional purposes.
13. PRIVACY: Participants agree that personal data,
but not limited to, name, mailing address, phone number, and email address may
be collected, processed, stored and otherwise used for the purposes of
conducting and administering the Contest. This data may be transferred into the
United States. Further, this data may also be used by ESLI to verify a
Participant’s identity, postal address and telephone number in the event a
Participant qualifies for any applicable prize as well as to deliver the
applicable prize(s). Participants have the right to access, review, rectify or
cancel any personal data held by ESLI in connection with the Contest by writing
to ESLI at the address listed at (click
here). If a
Participant does not provide the required data when requested, that
Participant’s Entries will be ineligible for any prizes. All information
provided will be maintained in accordance with ESLI’s
Privacy Policy, which
Participants should read and understand, and will be used solely for the purpose
of administering the Contest.
By accepting a prize, Participant agrees to ESLI and
its agencies use of Participant’s name and/or likeness and Entry for advertising
and promotional purposes without additional compensation and or contact, unless prohibited by
law.
14. WARRANTY AND INDEMNITY: Participants warrant
that their Entries are original and that they are the sole and exclusive owner
and rights holder of the submitted Entries and that they have the right to
submit the Entries in the Contest and grant all required licenses. Each
Participant agrees not to submit any Entry that (1) infringes any third party
proprietary rights, intellectual property rights, industrial property rights,
personal or moral rights or any other rights, without limitation, copyright,
trademark, patent, trade secret or confidentiality obligations; or (2) otherwise
violates applicable U.S. law or the law of the Participant’s country of
residence.
To the maximum extent permitted by law, each
Participant indemnifies and agrees to keep indemnified ESLI at all times from
and against any liability, claims, demands, losses, damages, costs and expenses
resulting from any act, default or omission of the Participant and/or a breach
of any warranty set forth herein. To the maximum extent permitted by law, each
Participant agrees to defend, indemnify and hold harmless ESLI, its affiliates
and their respective directors, officers, employees and agents from and against
any and all claims, actions, suits or proceedings, as well as any and all
losses, liabilities, damages, costs and expenses (reasonable attorneys fees)
arising out of or accruing from (a) any material uploaded or otherwise provided
by the Participant that infringes any copyright, trademark, trade secret, trade
dress, patent or other intellectual property right of any person or defames any
person or violates their rights of publicity or privacy, (b) any
misrepresentation made by the Participant in connection with the Contest; (c)
any non-compliance by the Participant with these Official Rules; and (d) claims
brought by persons or entities other than the parties to these Official Rules
arising from or related to the Participants involvement with the Contest.
To the extent permitted by law, Participant agrees
to hold ESLI, its respective directors, officers, employees and assigns harmless
for any injury or damage caused or claimed to be caused by participation in the
Context and/or use or acceptance of any prize, except to the extent that any
death or personal injury is caused by the negligence of ESLI.
15. ELIMINATION: Any false information provided
within the context of the Contest by any Participant concerning identity,
mailing address, telephone number, email address, ownership of right or
non-compliance with these Official Rules or the like may result in the immediate
elimination of the Participant from the Contest. ESLI further reserves the right
to disqualify any Entry that it believes in its sole and unfettered discretion
infringes upon or violates the rights of any third party, otherwise does not
comply with these Official Rules, or violates U.S. or applicable local law in
Participant’s country of residence.
16. INTERNET: ESLI is not responsible for electronic
transmission errors resulting in omission, interruption, deletion, defect, delay
in operations or transmission. ESLI is not responsible for theft or destruction
or unauthorized access to or alterations of entry materials, or for technical,
network; telephone equipment, electronic, computer, hardware or software
malfunctions or limitations of any kind. ESLI is not responsible for inaccurate
transmissions of or failure to receive entry information by ESLI on account of
technical problems or traffic congestion on the Internet or at any Web site or
any combination thereof, except to the extent that any death or personal injury
is caused by the negligence of ESLI. If for any reason the Contest is not
capable of running as planned, infection by computer virus, bugs, tampering,
unauthorized intervention, fraud, technical failures, or any other causes which
corrupt or affect the administration, security, fairness, integrity, or proper
conduct of the Contest, ESLI reserves the right at its sole discretion to
cancel, terminate, modify or suspend the Contest. ESLI further reserves the
right to disqualify any Participant who tampers with the submission process or
any other part of the Contest. Any attempt by a Participant to deliberately
damage any Web site or undermine the legitimate operation of the Contest is a
violation of criminal and civil laws and should such an attempt be made, ESLI
reserves the right to seek damages from any such Participant to the fullest
extent of the applicable law.
17. NOT AN OFFER OR CONTRACT OF EMPLOYMENT: Under no
circumstances shall the submission of an Entry into the Contest, the awarding of
a prize, or anything in these Official Rules be construed as an offer or
contract of employment with either ESLI or any participating ESLI Dealer. You
acknowledge that you have submitted your Entry voluntarily and not in confidence
or in trust. You acknowledge that no confidential, fiduciary, agency or other
relationship or implied-in-fact contract now exists between you and ESLI or its
dealers and that no such relationship is established by your submission of an
Entry under these Rules.
18. FORUM AND RECOURSE TO JUDICIAL PROCEDURES: These
Official Rules shall be governed by, subject to, and construed in accordance
with the laws of the State of New York, United States of America, excluding
all conflict of law rules. If any provision(s) of these Official Rules are held
to be invalid or unenforceable, all remaining provisions hereof will remain in
full force and effect. To the extent permitted by law, the rights to litigate,
seek injunctive relief or make any other recourse to judicial or any other
procedure in case of disputes or claims resulting from or in connection with
this Contest are hereby excluded, and all Participants expressly waive any and
all such rights.
19. ARBITRATION: By entering the Contest, you agree
that exclusive jurisdiction for any dispute, claim, or demand related in any way
to the Contest will be decided by binding arbitration. All disputes between you
and ESLI of whatsoever kind or nature arising out of these Terms, shall be
submitted to Judicial Arbitration and Mediation Services, (“JAMS”) for binding
arbitration under its rules then in effect in the Long Island New York, USA
area, before one arbitrator to be mutually agreed upon by both parties. The
parties agree to share equally in the arbitration costs occurred.
20. WINNER’S LIST: You may request a list of winners after
each monthly drawing by writing to:
565 Plandome Road, PO Box 237 Manhasset, NY 11030 USA
FORM 23-4479 |