RULES GOVERNING “THE CREED 2010 CHOPPER & AXE GIVEAWAY”
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING. VOID OUTSIDE THE U.S. AND WHERE PROHIBITED.
- Entry Period: Entries for The Creed 2010 Chopper & Axe Giveaway (hereinafter “Giveaway”) will be accepted beginning at 11:59 a.m. (CST) on August 4, 2010, and no entries will be accepted after 11:59 a.m. (CST) on December 24, 2010 (“Entry Period”).
- Eligibility Criteria: In order to be eligible to enter the Giveaway, an individual must successfully enter the Giveaway, the process of entry being described below and: (i) be at least of the age of majority in his/her state of residency (including the District of Columbia) and of the state where the entry is submitted on the date of entry submission; (ii) be a legal U.S. resident; and (iii) not be an employee (full-time or part-time), or an immediate family member of an employee, of Creed, Illinois Auto Electric Co., Orphan, The Wrench, FRET12 Productions L.L.C., Ticketmaster L.L.C., or any other business entity engaged in operating the Giveaway or selecting the winners of the Giveaway.The term “immediate family” includes spouses, siblings, parents, children, grandparents, and grandchildren, whether as “in-laws”, or by current or past marriage(s), remarriage(s), adoption, co-habitation or other family extension, and any other persons residing at the same household whether or not related. Entries are limited to one (1) entry per person with only one (1) winner per household. All entries not strictly meeting the criteria set forth in these rules are disqualified. Participation constitutes entrant’s full and unconditional agreement to these Rules and Sponsor’s decisions, which are final, binding and not disputable in all matters related to the Giveaway. Winning a prize is contingent upon fulfilling all requirements set forth herein.
- Sponsors of Giveaway: This Giveaway is presented by Illinois Auto Electric Co., Orphan, The Wrench, 700 Enterprise Street, Aurora, IL 60504 and FRET12 Productions L.L.C., 600 W Van Buren Street, Chicago, IL 60607.
- How to Enter: All eligible people may enter at www.creed2010.com by completing and submitting a survey and entry form. All fields must be completed to enter. Incomplete entries will be disqualified. All entries become the property of Creed and the Sponsors and will be retained by Creed and the Sponsors. Entrants’ names, likeness, email addresses, physical addresses and phone numbers can be used for marketing purposes. The entry will be deemed made by the authorized account holder of the email address submitted at the time of entry. “Authorized account holder” is defined as the natural person who is assigned to an email address by an Internet access provider, on-line service provider or other organization that is responsible for assigning email addresses for the domain associated with the submitted email address. Sponsor is not responsible for lost, late, misdirected, mutilated, incomplete, illegible or stolen entries or any condition caused by events beyond the control of the Sponsor that may cause the Giveaway to be disrupted, including without limitation, electronic viruses or other software attacks, unauthorized human intervention, systems malfunctions, failures, difficulties, Force Majeure, or other causes that affect the administration, security, fairness or proper play or conduct of the Giveaway.Alternate Method of Entry: To enter by mail in place of entering online, hand print your name as it would appear on an electronic submission form, mailing address, email address (if any), and cell phone number (if any) on a 3″ x 5″ piece of paper. Mail it in an envelope with proper postage to “The Creed 2010 Chopper & Axe Giveaway”, c/o ORPHAN, 700 Enterprise Street, Aurora, IL 60504. Limit: One (1) request per envelope and one (1) request per person and one (1) maximum per household. All mail-in entries must be handwritten. All mail-in entries must be postmarked by December 13, 2010, and received by December 23, 2010. All entries become the exclusive property of Sponsor, and none will be acknowledged or returned. Proof of sending or submission will not be deemed to be proof of receipt by Sponsor. Sponsor is not responsible for lost, late, incomplete, invalid, unintelligible, illegible, misdirected or postage-due entries, which will be disqualified.Use of any automated system to participate is prohibited and will result in disqualification.
- Prize: A single Grand Prize comprising one (1) Orphan custom motorcycle and one (1) PRS Mark Tremonti Signature Model guitar will be delivered to prizewinner’s home following confirmation of address. Approximate retail value is Eighty Thousand Dollars ($80,000). One (1) Grand Prize will be awarded and one (1) winner will be selected in accordance with these rules. The odds of winning will depend upon the number of entries received. There will be one (1) prize awarded no matter the number of entries. Any prize substitutions are at the sole discretion of the sponsor, for a prize of equal or greater value.
- Winner Selection/Notification: On or about December 24, 2010, at 12:30 p.m. (CST), a random drawing of all the entries submitted during the Entry Period will take place to select the winner. The first name drawn that is a valid entrant will be the winner. The winner will be contacted first by email and then by letter via U.S. registered first class mail. If the first selected winner cannot be located, does not claim the prize on or before 5:00 p.m. CST on January 4, 2011, or is disqualified, an alternate winner will be chosen from the remaining qualified entries by random drawing on or about January 5, 2011, at 12:00 p.m. CST.Failure of any entrant to confirm his/her address for prize delivery on or before 5:00 p.m. CST on January 4, 2011 or to comply with any of the rules set forth herein will result in forfeiture of prize. This forfeiture and all decisions of the judges shall be final and binding in all matters relating to this Giveaway.
- Winner Requirements: The prize winner will be required to provide proof that he/she is in compliance with the requirements for winning a prize, and is a legal resident of his/her state of residency, that he/she has reached the age of majority in the state of his/her state of residency (including the District of Columbia) and in the state in which he/she has submitted his/her entry on the date of submission, and that he/she has proof of identity. Sponsor will be the sole arbiter as to the sufficiency of said proof. The prize winner will execute a Waiver of Liability, Affidavit of Eligibility, Release and Indemnification within the time period specified by the Sponsors attesting that he/she has met the eligibility requirements and that he/she release and hold harmless Creed, Illinois Auto Electric Co., Orphan, The Wrench, FRET12 Productions L.L.C., Ticketmaster L.L.C., their parents, affiliates, officers, directors, employees, agents, authorized dealers, successor companies or participating Giveaway co-sponsors and/or or advertising agencies, from and against any claims, damages, liability or injury arising from or relating to participation in the Giveaway, or acceptance or use of this prize, including, without limitation, property damage, pecuniary loss, loss of income, personal injury or death. The prizewinner will also be required to disclose his/her social security number for the purpose of issuance of a Form 1099 for tax purposes.
- Entry constitutes acceptance of these rules. Failure to comply with any of the rules or procedures set forth herein will result in forfeiture of prizes.
- Publicity and Promotion: Acceptance of prizes constitutes permission to unlimited use the winning bidder’s name, picture, voice, video, and other likeness and city and state of residence for advertising and publicity purposes related to the contest without additional permission or compensation.
- Winner: The name of prizewinner will be available after December 24, 2010. To obtain the winner’s name, send a self-addressed, stamped envelope prior to December 24, 2011, to: Orphan, ATTN: Sweeps – Winner List, 700 Enterprise Street, Aurora, IL 60504.
- Taxes, Licenses, Fees: The Sponsors will comply with all Internal Revenue Service reporting requirements including issuing a 1099 to the prizewinner. The prizewinner is responsible for all Federal, State and local taxes, as well as all other taxes, licenses or other fees associated with the prize.
- Sponsors, in their sole discretion, reserve the right to disqualify any person tampering with the entry process, tampering with the operation of the www.creed2010.com web site, or who is otherwise in violation of these rules. Sponsors further reserve the right to cancel, terminate or modify this promotion if not capable of completion as planned, including but not limited to low numbers of contest entrants, unauthorized intervention or tampering by third parties, unauthorized intervention or failures of any sort. Also, sponsors, at their sole selection may choose, the winner from eligible entries received prior to cancellation of this Giveaway.
- Disputes- Mandatory Arbitration Provision. In the event that any dispute cannot be resolved informally, any and all disputes with regards to the Giveaway, including but not limited to disputes over winner selection, must be resolved exclusively through private and confidential binding arbitration before the American Arbitration Association, under the rules for commercial disputes, before one neutral arbitrator and not in a court proceeding.
- Disputes- Choice of Law and Choice of Venue Provision. Any disputes that are presented for arbitration will use substantive Illinois law and the arbitration will occur in Cook County, Illinois.