2014 Large Business Commercial Study Phone Sweepstakes
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NO PURCHASE OR COMPLETION OF SURVEY IS NECESSARY TO ENTER OR WIN.
A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING.
ELIGIBILITY: The LBC Phone Sweepstakes (the “Sweepstakes”) is open to individuals who are legal residents of the 50 United States or the District of Columbia age 18 or older at time of entry and to whom this offer is specifically distributed to and/or addressed. Employees of J.D. Power and Associates (the “Sponsor”), and their parent companies, subsidiaries, affiliates, advertising and promotion agencies, retailers, distributors (collectively, “Sweepstakes Entities”), and their immediate family members and/or those living in the same household of each are not eligible to enter or win. Sweepstakes governed by U.S. law. Sweepstakes is subject to all applicable federal, state and local laws and regulations. Void where prohibited by law.
HOW TO ENTER: There are three (3) methods of entry: Method #1: Upon accepting to take the survey and providing your email, you will be instructed tovisit www.jdpoweronline.com/LBC and follow all instructions to complete and submit the survey (“online entry”). You must complete the survey in order to be entered into the Sweepstakes random drawing via Method #1. All online entries must be received between 12:01 a.m., Eastern Time ("ET") on July 18, 2014 and 11:59 p.m. ET on October 30, 2014 (the "Sweepstakes Entry Period"). Method #2: If you receive a telephone call to take the survey by telephone, the operator will automatically include your name for the Sweepstakes random drawing when you complete the entire survey via telephone during the Sweepstakes Entry Period. Method #3: To enter Sweepstakes without completing the survey, send a postcard with your name, address, phone number and email address (optional) to: The LBC Phone Sweepstakes Entry, c/o Ventura Associates Intl LLC, 60 East 42nd Street, Suite 650, New York, 10165-0650. (Information provided on postcard is collectively referred herein as a “mail-in entry” or “mail-in entries.”) Mail-in entries must be postmarked between July 18, 2014 and October 30, 2014 and received by November 7, 2014. Limit one entry per person regardless of entry method. Entry materials that have been tampered with or altered are void. Entries with duplicate email addresses or multiple entries using different email addresses for a single individual will be disqualified. In the event of a dispute over the identity of an online or telephone entrant, entry will be deemed submitted by the authorized account holder of the e-mail address or telephone number submitted at time of entry. “Authorized account holder” is defined as the natural person who is assigned to an e-mail address or telephone number by an Internet access provider, on-line service provider, telephone provider or other organization (e.g., business, educational institution, etc.) that is responsible for assigning telephone numbers and/or e-mail addresses for the domain associated with the submitted e-mail address. Photocopied, incomplete or mechanically reproduced entries are not eligible. All entries and requests become the property of Sponsor and will not be acknowledged or returned.
PRIZES: Six (6) Grand Prizes: $500 cash prize awarded in the form of a corporate check to each selected winner.
ODDS: Odds of winning depend on number of eligible entries received during the Sweepstakes Entry Period, estimated at 1:1,000.
WINNER SELECTION & NOTIFICATION: Potential winners will be determined in a random drawing from all eligible entries received during the Sweepstakes Entry Period. Random drawing will be conducted on or about November 14, 2014 by Ventura Associates International LLC, an independent judging organization (“judges”) whose decisions are final and binding in all matters relating to this Sweepstakes. Potential winners will be notified by telephone, e-mail and/or first class mail on or about November 17, 2014 and will be required to complete, sign and return an Affidavit of Eligibility, Liability Release and Publicity Release (collectively, “Release”) within ten (10) days of date specified on notification. If a potential winner does not return the executed Release within ten (10) days, or if said e-mail and/or mail is returned as undeliverable, or if a potential winner is otherwise found to be ineligible, or cannot accept or receive the prize for any reason, the potential prize winner will forfeit the prize and an alternate winner will be selected. If a potential winner is otherwise eligible under these Official Rules, but is nevertheless deemed a minor in his or her state of primary residence, the prize will be awarded in the name of potential winner’s parent or legal guardian who will be required to execute and return he Release and any other required paperwork on minor’s behalf. The Sponsor reserves the right to modify the notification procedures in connection with the selection of an alternate winner, if any. Prizes are non-transferable and no prize substitutions allowed. All fees, federal, state, local and income taxes or other expenses relating to the use, acceptance and possession of prize are the sole responsibility of each winner. Entry and acceptance of prize constitutes permission (except where prohibited by law) to use each winner's name, prize won, hometown and likeness for online posting and promotional purposes without further compensation.
GENERAL: Entrants agree to these Official Rules and the decisions of the judges and the Sponsor, and on their behalf, and on behalf of their respective heirs, executors, administrators, legal representatives, successors and assigns (“Releasing Parties”), release, defend and hold harmless the Sweepstakes Entities, as well as the employees, officers, directors and agents of each (“Released Parties”), from any and all actions, causes of action, suits, debts, dues, sums of money, accounts, reckonings, bonds, bills, specialties, covenants, contracts, controversies, agreements, promises, variances, trespasses, lost profits, indirect or direct damages, consequential damages, incidental damages, punitive or exemplary damages, judgments, extent, executions, claims and demands whatsoever, in law, admiralty or equity, whether known or unknown, foreseen or unforeseen, against Released Parties which any one or more of the Releasing Parties ever had, now have or hereafter can, shall or may have which in any way arise out of or result from an entrant’s participation, acceptance and use or misuse of prize. In the event Sponsor is prevented from continuing with the Sweepstakes as contemplated herein by any event beyond its control, or otherwise, including but not limited to fire, flood, hurricane, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal, state, or local government law, order, or regulation, or order of any court or other cause, or concerns regarding the safety of a winner, Sponsor shall have the right to modify, suspend, extend or terminate the Sweepstakes. Entrants assume all liability for any injury, including death or damage caused or claimed to be caused, by participation in this Sweepstakes or use or redemption of prize. This Sweepstakes shall be governed by and interpreted under the laws of the State of New York, U.S.A. without regard to its conflicts of law provisions. Entrants hereby agree that any and all disputes, claims, causes of action, or controversies (“Claims”) arising out of or in connection with this Sweepstakes shall be resolved, upon the election by entrant or Sponsor, by arbitration pursuant to this provision and the code of procedures of either the National Arbitration Forum (“NAF”) or the American Arbitration Association (“AAA”), as selected by the entrant. IF ARBITRATION IS CHOSEN BY ANY PARTY WITH RESPECT TO A CLAIM, NEITHER PARTY WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM IN COURT OR HAVE A JURY TRIAL ON THAT CLAIM. FURTHER, NEITHER SPONSOR NOR ENTRANT WILL HAVE THE RIGHT TO PARTICIPATE IN A REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC OR OTHER PERSONS SIMILARLY SITUATED, OR AS A MEMBER OF ANY CLASS OF CLAIMANTS PERTAINING TO ANY CLAIM SUBJECT TO ARBITRATION. EXCEPT AS SET FORTH BELOW, THE ARBITRATOR’S DECISION WILL BE FINAL AND BINDING. NOTE THAT OTHER RIGHTS THAT ENTRANT WOULD HAVE IF ENTRANT WENT TO COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION. ANY CLAIMS, JUDGMENTS AND/OR AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS ASSOCIATED WITH ENTERING THIS SWEEPSTAKES. ENTRANT HEREBY WAIVES ANY RIGHTS OR CLAIMS TO ATTORNEY’S FEES, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ENTRANT, WHETHER FORESEEABLE OR NOT AND WHETHER BASED ON NEGLIGENCE OR OTHERWISE. The arbitrator’s authority to resolve Claims is limited to Claims between Sponsor and entrant alone, and the arbitrator’s authority to make awards is limited to awards to Sponsor and entrant alone. Furthermore, claims brought by either party against the other may not be joined or consolidated in arbitration with Claims brought by or against any third party, unless agreed to in writing by all parties. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. Notwithstanding any other provision in this Agreement and without waiving either party’s right to appeal such decision, should any portion of this provision be deemed invalid or unenforceable, then the entire provision (other than this sentence) shall not apply. Sponsor is not responsible for any typographical or other error in the printing of the offer, administration of the Sweepstakes or in the announcement of prize. Entry materials/data that have been tampered with or altered, or mass entries or entries generated by a script, macro or use of automated devices are void. The Sponsor is not responsible for: (i) lost, late, misdirected, damaged, illegible, and/or postage due mail/entries; (ii) error, omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to or alterations of entry materials, or for technical, network, telephone equipment/signals, electronic, computer, hardware or software malfunctions of any kind, or inaccurate transmission of or failure to receive entry information by Sponsor on account of online and/or offline technical problems or traffic congestion on the Internet or at any web site or any combination thereof; (iii) any injury or damage to entrant’s or any other person’s computer related to or resulting from participating in the Sweepstakes, or (iv) the failure of any third party to comply with the instructions and proper administration of this Sweepstakes. By participating in the Sweepstakes, entrants (i) agree to be bound by these Official Rules, including all eligibility requirements, and (ii) agree to be bound by the decisions of Sponsor and the independent judging organization, which are final and binding in all matters relating to the Sweepstakes. Failure to comply with these Official Rules may result in disqualification from the Sweepstakes. Sponsor reserves the right to: permanently disqualify from any sweepstakes it sponsors any person it believes has intentionally violated these Official Rules; and terminate the Sweepstakes or the online portion of the Sweepstakes if it becomes technically corrupted (including if a computer virus or system malfunction inalterably impairs its ability to conduct the Sweepstakes), or to select winners from among all eligible entries received prior to termination. LEGAL WARNING: ANY ATTEMPT BY AN INDIVIDUAL, WHETHER OR NOT AN ENTRANT, TO DELIBERATELY INTERFERE WITH THE OPERATION OF THE SWEEPSTAKES, IS A VIOLATION OF CRIMINAL & CIVIL LAWS AND SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND DILIGENTLY PURSUE ALL REMEDIES AGAINST ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
WINNERS LIST: For the names of the winners (available after November 29, 2014 send a stamped, self-addressed envelope (postage not required for Vermont residents) by November 29, 2014 to: The LBC Phone Sweepstakes Winners, c/o: Ventura Associates International LLC – Dept. DE, 60 East 42nd Street, Ste. 650, New York, NY 10165.
PRIVACY: To learn more about the ways Sponsor may use and share your information and about your privacy choices, read the J.D. Power and Associates Privacy Notice at http://www.jdpower.com/privacy
SPONSOR: J.D. Power and Associates, 2625 Townsgate Road, Suite 100, Westlake Village, CA 91361.