trek2039
Posts: 31762
Joined: 11/26/2002 From: Anywhere and Everywhere....... Status: offline

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http://www.gamefly.com/features/playerschoice quote:
BECOME A MEMBER IN DECEMBER! We're giving away a new game console every day in December! Sign up this month and be automatically entered for a chance to win. The best part? If you win, you'll get to choose which console you want! PLAYER'S CHOICE RULES CONTRACT WILL NOT INCREASE YOUR CHANCES OF WINNING. 1. ELIGIBILITY: The Sweepstakes is open only to individuals who are legal residents of the 50 United States or the District of Columbia who are at least 18 years old as of time of entry. Officers, directors, employees and independent contractors (and the household members and immediate family members, e.g. children, spouse, siblings, parents, grandparents and the "steps" of each of the aforementioned) of GameFly, Inc., PrizeLogic, their parent companies, subsidiaries, affiliates, and their advertising, promotion and web design agencies, (collectively, "Sponsors & Others") and other individuals/entities associated with this Sweepstakes are not eligible to enter or win. Void in Puerto Rico and wherever prohibited. 2. HOW TO ENTER: The "GameFly Player's Choice Sweepstakes" ("Sweepstakes") consists of thirty-five (35) Daily Sweepstakes Drawings, each starting at 9:00 P.M., P.T. of a given calendar day and ending at 8:59:59 P.M., P.T. of the following calendar day. The first Daily Sweepstakes starts on 11/30/09 and the thirty-fifth Daily Sweepstakes starts on 1/3/10 and ends 1/4/10 at 8:59:59 P.M., P.T. ("Sweepstakes Period"). The important dates for each Daily Sweepstakes Drawing are set forth in Rule 3 below. There are two ways to enter the Sweepstakes: (A) On-line Entry: If you are not a GameFly subscriber as of the date of entry into the Sweepstakes, go to www.gamefly.com/features/playerschoice (the "Website") during the Sweepstakes Period and either sign up for (i) and agree to accept a ten (10) day free trial GameFly membership period ("Ten Day Free Trial Membership"); (ii) a pre-paid $8.95 one (1) month (one [1] game out plan) membership with a charge of $15.95 each subsequent month (one [1] game out plan) membership charge ("One Game Out Membership"); or (iii) a pre-paid $12.95 one (1) month (two [2] game out plan) membership with a charge of $22.95 each subsequent month (two [2] game out plan) membership charge ("Two Game Out Membership"); (iv) a pre-paid $19.95 one (1) month (three [3] game out plan) membership with a charge of $29.95 each subsequent month (three [3] game out plan) membership charge (Three Game Out Membership"); or (v) a pre-paid $24.95 one (1) month (four [4] game out plan) membership with a charge of $36.95 each subsequent month (four [4] game out plan) membership charge ("Four Game Out Membership"). NOTE: Prices are subject to change during the Sweepstakes Period. In order to sign-up for either the Ten Day Free Trial Membership, the One, Two, Three or Four Game Out Membership, you must register and submit the information requested on the registration page, including providing valid credit card information. IMPORTANT: You must cancel your Ten Day Free Trial Membership within ten (10) days after the start of your Ten Day Free Trial Membership and otherwise comply with GameFly's terms and conditions as stated at www.gamefly.com/about-us/terms-of-use/ in order to avoid any future charges. If you do not cancel your Ten (10) Day Free Trial Membership within the ten (10) days after the start of your Ten Day Free Trial Membership, GameFly will start billing your credit card in the amount of a monthly subscription fee of $22.95 per month plus any applicable taxes (two [2] game out) on the first day following the end of the Ten Day Free Trial Membership and continue to do so until you cancel your membership or it is terminated by GameFly. Your on-line entry must be received no later than 8:59:59 P.M., P.T. on 1/4/10. NOTE: Only entrants with verified accounts will receive an entry into the Sweepstakes. If a "hold account" is verified, the entrant will receive an entry into the Daily Sweepstakes Drawing occurring on the date of verification of the account. Gift Certificate redemptions by new and reactivated members will receive one (1) entry into the Daily Sweepstakes Drawing on the date that the Gift Certificate was redeemed. Verified entrants who have reactivated their accounts will receive an entry into the Daily Sweepstakes Drawing occurring on the day of the reactivation of their account; or, (B) Mail-in Entry: If you are a current GameFly member or if you would like to enter without either accepting a Ten Day Free Trial Membership or without subscribing to a new membership, you may enter by legibly printing your name, complete street address, valid email address, telephone number , date of birth AND THE EXACT DATE OF THE DAILY SWEEPSTAKES DRAWING THAT YOU WANT YOUR ENTRY SUBMITTED INTO on a 3"x5" card and mailing it in a properly stamped envelope to: GameFly Player's Choice Sweepstakes, 35610 Mound Road, Dept. 251, Sterling Heights, MI 48310-4725. Mail-in entries must be postmarked by 1/4/10 and received by 1/11/10. If your mail-in entry does not include a specific Daily Sweepstakes date, your entry will be disqualified. If your mail-in entry is received after the End Date of the Daily Sweepstakes Drawing you have selected and stated in your entry, your entry will be submitted into the first Daily Sweepstakes to occur after your initially selected Daily Sweepstakes Drawing Date. All entries and/or materials submitted become the property of Sponsor and will not be returned. Sponsor & Others are not responsible for any lost, late, undeliverable/undelivered, or postage due mail. LIMIT: REGARDLESS OF YOUR METHOD OF ENTRY OR EMAIL ADDRESS USED, YOU MAY ONLY ENTER ONE (1) DAILY SWEEPSTAKES DRAWING PER HOUSEHOLD ADDRESS THROUGHOUT THE SWEEPSTAKES. ADDITIONAL ENTRIES WILL BE DISQUALIFIED. 3. RANDOM DRAWINGS/IMPORTANT DATES: The important dates for each Daily Sweepstakes Drawing are as set forth below. On or about the Random Drawing Dates, the name of the potential winner ("Winner") in that respective Daily Sweepstakes Drawing will be selected by GameFly in a random drawing conducted in accordance with these Official Rules, from among the total number of all eligible entries submitted and received for that Daily Sweepstakes Drawing regardless of the method of entry. The potential Winners will be notified either by email, overnight mail and/or telephone on or about the indicated Notification dates. GameFly's decisions shall be final in all matters pertaining to this Sweepstakes. NOTE: Non-winning entries from one Daily Sweepstakes Drawing will not be carried forward to subsequent Daily Sweepstakes Drawings. Daily Sweepstakes Drawing Start Date (as of 9:00:00 PM. PST that day), End Date(as of 8:59:59 P.M. PST that day), Random Drawing Date, Approximate Notification Date: Period 1 11/30/2009 12/1/09 12/9/09 12/11/09 Period 2 12/1/09 12/2/09 12/9/09 12/11/09 Period 3 12/2/09 12/3/09 12/9/09 12/11/09 Period 4 12/3/09 12/4/09 12/9/09 12/11/09 Period 5 12/4/09 12/5/09 12/9/09 12/11/09 Period 6 12/5/09 12/6/09 12/9/09 12/11/09 Period 7 12/6/09 12/7/09 12/9/09 12/11/09 Period 8 12/7/09 12/8/09 12/16/09 12/18/09 Period 9 12/8/09 12/9/09 12/16/09 12/18/09 Period 10 12/9/09 12/10/09 12/16/2009 12/18/2009 Period 11 12/10/09 12/11/09 12/16/09 12/18/09 Period 12 12/11/09 12/12/09 12/16/09 12/18/09 Period 13 12/12/09 12/13/09 12/16/09 12/18/09 Period 14 12/13/09 12/14/09 12/16/09 12/18/09 Period 15 12/14/09 12/15/09 12/23/09 12/28/09 Period 16 12/15/09 12/16/09 12/23/09 12/28/09 Period 17 12/16/09 12/17/09 12/23/09 12/28/09 Period 18 12/17/09 12/18/09 12/23/09 12/28/09 Period 19 12/18/09 12/19/09 12/23/09 12/28/09 Period 20 12/19/09 12/20/09 12/23/09 12/28/09 Period 21 12/20/09 12/21/09 12/23/09 12/28/09 Period 22 12/21/09 12/22/09 12/30/09 1/4/10 Period 23 12/22/09 12/23/09 12/30/09 1/4/10 Period 24 12/23/09 12/24/09 12/30/09 1/4/10 Period 25 12/24/09 12/25/09 12/30/09 1/4/10 Period 26 12/25/09 12/26/09 12/30/09 1/4/10 Period 27 12/26/09 12/27/09 12/30/09 1/4/10 Period 28 12/27/09 12/28/09 12/30/09 1/4/10 Period 29 12/28/09 12/29/09 1/12/10 1/15/10 Period 30 12/29/09 12/30/09 1/12/10 1/15/10 Period 31 12/30/09 12/31/09 1/12/10 1/15/10 Period 32 12/31/09 1/1/10 1/12/10 1/15/10 Period 33 1/1/10 1/2/10 1/12/10 1/15/10 Period 34 1/2/10 1/3/10 1/12/10 1/15/10 Period 35 1/3/10 1/4/10 1/12/10 1/15/10 4. PRIZE & ODDS OF WINNING: (35): Each Winner of a Daily Sweepstakes Drawing will receive his/her choice of one (1) of the following three (3) game systems: (A) A Sony PlayStation 3® consisting of a 120 GB PlayStation 3 Slim with a 1 Dualshock 3 wireless controller and one (1) USB cable (MSRP: $299); (B) A Microsoft Xbox 360® consisting of an Xbox 360 120GB Elite Holiday Bundle (black) with LEGO Batman: The Video Game and PURE; one (1) black wireless controller; one (1) black headset; one (1) Ethernet cable (MSRP: $299); or (C) a Nintendo Wii consisting of a Nintendo Wii ™console with one (1) Wii Remote controller with Wii Remote Jacket; one (1) Wii Nunchuk controller; and one (1) Wii Sports (MSRP: $199). If the actual retail value of a Prize is less than stated Manufacturers Suggested Retail Price, the Winner will not receive difference between actual retail value and the Manufacturers Suggested Retail Price. All expenses not specified above, including any federal, state, or local taxes, are solely each Winner's responsibility. Sponsor has no responsibility for Winner's inability or failure to accept or utilize the Prize as described herein. Neither the Prize nor any component of it is redeemable for cash; transferable or substitutable except by Sponsor, in its sole discretion, with one of equal or greater value. Limit: Only one (1) Prize per household address, regardless of email address used. All Prizes will be awarded provided there are a sufficient number of eligible entries. In the event that a Prize is returned as undeliverable or a Prize is unclaimed or unredeemed, it will be awarded to a randomly selected alternate potential winner from among eligible entries in that respective Daily Sweepstakes Drawing. Odds of winning a Prize depend on the total number of all eligible entries received in the respective Daily Sweepstakes Drawing regardless of method of entry. 5. RELEASE: By acceptance of a Prize, the Winner releases and agrees to indemnify and hold harmless Sponsor & Others on an individual and collective basis from and against any and all costs, claims, damages, or any other injury, whether due to negligence or otherwise, to person(s) or property (including, without limitation, death or violation of any personal rights, such as violation of right of publicity/privacy, libel, or slander), due in whole or in part, directly or indirectly, to participation in the Sweepstakes, or arising out of participation in any Sweepstakes or the receipt, use or misuse of a Prize or any component thereof. 6. LIMITATIONS OF LIABILITY/ INTERNET: Sponsor & Others are not responsible for interrupted or unavailable network server or other connections, miscommunications, failed telephone or computer transmissions or jumbled, scrambled or misdirected entries or transmissions, or for phone, electrical, network, computer hardware or software or program malfunctions, failures or difficulties or for other errors, omissions, interruptions, or deletions of any kind whether human, mechanical or electronic or for any damage to any person's computer related to participating in the Sweepstakes. Sponsor & Others are not responsible for illegible, unintelligible, late, lost or stolen entries or incorrect or inaccurate entry information, whether caused by Internet users or programming associated with or utilized in the promotion or by any technical or human errors which may occur in the processing of any entries in this Sweepstakes. Sponsor is not responsible for any typographical errors in any Sweepstakes related materials. Any entrant who attempts to participate with multiple email addresses, under multiple identities or uses any bot, robotic or other device or artifice to play multiple times or to interfere with the proper operation of this Sweepstakes, will be disqualified. Entrants found tampering with or abusing any aspect of this Sweepstakes or behaving in an unsportsmanlike manner, as solely determined by Sponsor, will be disqualified and may be subject to prosecution. If in the judgment of Sponsor, the Sweepstakes is compromised by viruses, bugs, non-authorized human intervention or other causes beyond the control of Sponsor, which corrupt the administration, security, fairness of the Sweepstakes, Sponsor reserves the right, in its sole discretion to discontinue, suspend or terminate the Sweepstakes and to select the potential Winner from among eligible entries received prior to such discontinuation, suspension or termination of the respective Sweepstakes. Any personally identifiable information collected during an entrant's participation in this Sweepstakes will be collected and used by Sponsor and its designees solely for purposes of the proper administration and fulfillment of the Sweepstakes and as stated in its Privacy Policy at www.gamefly.com/help/privacypolicy.asp, as allowed by law. ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. In the event of a dispute as to the identity of a winner based on an email address, the winning entry will be declared made by the authorized account holder of the email address submitted at 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 (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address. Except where prohibited, by participating in the Sweepstakes, entrants agree that: (a) except as otherwise specifically set forth in these Official Rules, any action arising out of or relating to these Official Rules or the rights and obligations of any participant and/or Sponsor shall be filed exclusively in the United States District Court for the Eastern District of Michigan (Southern Division) or the appropriate Michigan State Court located in Oakland County, Michigan; and participants hereby consent and submit to the personal jurisdiction of such court for the purposes of litigating any such action, and any right to a trial by jury is hereby waived; (b) any and all disputes, claims, and causes of action arising out of or connected with these Official Rules, and/or the rights and obligations of any participant and/or Sponsor shall be resolved individually, without resort to any form of class action; (c) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred and in no event will participants be entitled to receive attorneys' fees or other legal costs; (d) under no circumstances will participants be permitted to obtain injunctive or other equitable relief and a participant's sole remedy will be an action at law for damages to the extent allowed by sub-paragraphs (c) and (e) of this Rule 6; and (e) under no circumstances will participants be permitted, and participants hereby waive all rights, to: (i) claim punitive, exemplary, special, incidental, indirect and consequential damages and any other damages (whether due to negligence or otherwise), other than for actual out-of pocket costs described in (c) above; and (ii) have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of any participant and/or Sponsor shall be governed by and construed in accordance with the laws of the State of Michigan without giving effect or regard to any principles or doctrines of conflicts of law of the State of Michigan or any other jurisdiction. If any provision or provisions of these Official Rules shall be held to be invalid, illegal, unenforceable or in conflict with the law of any jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. 7. PUBLICITY RIGHTS: By accepting a Prize, each winner agrees to allow Sponsor and/or Sponsor's designee the perpetual right to use his/her name, biographical information, photos and/or likeness, and statements for promotion, trade, commercial, advertising and publicity purposes, at any time or times, in all media now known or hereafter discovered, world wide, including but not limited to on the World Wide Web and Internet, without notice, review or approval and without additional compensation except where prohibited by LAW 8. GENERAL: By participating in the Sweepstakes, entrants agree to these Official Rules and the decisions of Sponsor and/ or PrizeLogic, LLC, the independent agency administering this Sweepstakes which are final and binding in all matters and all respects relating to this Sweepstakes. SPONSOR & OTHERS MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT AS REGARDS A PRIZE OR ANY COMPONENT OF A PRIZE. SOME JURISDICTIONS MAY NOT ALLOW LIMITATIONS OF EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES. CHECK YOUR LOCAL LAWS TO LEARN IF ANY OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. This Sweepstakes is void in Puerto Rico and wherever else prohibited by law. All federal, state and local laws and regulations apply. 9. WINNERS LIST: To obtain the name of the Winners, visit the Website between 12/21/09 and 1/31/10. Xbox is a registered trademark of Microsoft Corporation; Wii is a registered trademark of Nintendo; Sony PlayStation 3 is a registered trademark of Sony Corporation. All rights reserved.
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There ain't no rest for the wicked til we close our eyes for good........
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