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ESLI  Sweepstake Contest Rules

 

1. DESCRIPTION OF THE CONTEST: The ESLI Surveillance Sweepstakes (the “Contest”, the "Giveaway") is designed to encourage participants to join ESLI’s Mailing List. You must be a US resident and in good standing to enter this contest. Your sweepstakes entry name, email address & zip code must match your submitted "winners" shipping address

 

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 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. 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 2010, 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 agree to receive our Free ESLI Monthly News Letter in order to enter. You may withdraw if you wish after your first News Letter is received. Entering more then once will result in disqualification

 

5. CONTEST PERIOD: The Contest begins at 12:00:00 A.M. Eastern Time (ET) Zone in the United States on date listed on our  Contest page and sweepstakes ends May 1 2010 (“Contest Period”). You are responsible for determining the corresponding time zone in your respective locations.

 

6. SUBMISSION OF ENTRIES:

  1. Tasks: In order to submit an Entry to the Contest, Participants must visit the ESLI Sweepstakes web page at http://www.eslisurveillance.com/sweepstakes/MOG%20contest%20page.htm

  2. 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: Eligible One Grand Prize winner will receive one Natica Man Sport Digital Voice Recording Watch. Eligible Five - First Place Winners will win a "Aluminum "VIDEO SURVEILLANCE" Warning Sign with 3M Reflective Vinyl Coating". A winners list can be found at http://www.eslisurveillance.com/sweepstakes/2008%20sweepstakes%20winners.htm

 

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 may 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: 2417 Jericho Tpke. #312 Garden City Park, NY 11040 USA or a winners list can be found at http://www.eslisurveillance.com/sweepstakes/2008%20sweepstakes%20winners.htm

Copyright © 2010

 

FORM 23-4479

 

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