VOID WHERE PROHIBITED. OPEN TO LEGAL RESIDENTS OF THE U.S. (EXCEPT PUERTO RICO) AND CANADA (EXCEPT QUEBEC) 13 YEARS OF AGE OR OLDER.
1) RANDOM DRAWING: JANET’S Everything For Nothing Experience
2) RANDOM DRAWING SPONSOR: JANET JACKSON, Black Doll, Inc., and Sparkart Group, Inc.
3) ELIGIBILITY: Open to legal residents of the U.S. (except Puerto Rico) and Canada (excluding Quebec) 13 years of age or older. An entrant who is a minor in his/her state or province of residence must have the signed, written consent and all required paperwork completed by his/her parent or legal guardian in order to participate. Sponsor and its Agents and members of their immediate families and people living in the same household of each are not eligible. Participation constitutes entrant’s full and unconditional agreement to these Official Random Drawing Rules (the “Rules”) and Sponsor’s decisions, which are final and binding in all matters related to the Random Drawing.
4) TO ENTER: NO PURCHASE NECESSARY. A PURCHASE DOES NOT INCREASE YOUR CHANCE OF WINNING. NO ENTRY FEE, PAYMENT, OR PROOF-OF-PURCHASE IS REQUIRED TO PARTICIPATE IN THIS RANDOM DRAWING.
All entries (whether submitted online, by email or mailed) must be received by August 15th, 2010, 11:59PM PST, regardless of method of entry. No facsimiles or mechanically reproduced entries (other than the electronic transmission of the online entry or entry via email) will be allowed. Limit one entry per person regardless of method of entry. In the event that there is more than one entry for the same person, Sponsor and its Agents may disqualify that person. Each entry must be mailed in a separate outer mailing envelope. Sponsor and its Agents are not responsible for incomplete, lost, late, stolen, damaged, illegible, misdirected or postage due entries. Sponsor and its Agents reserve the right to cancel, terminate, or modify any entry not capable of completion as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, force majeure, or technical failures of any sort. All entries and Submissions (if applicable) become the property of Sponsor and its Agents and will not be returned.
5) ENTRY PERIOD: The entry period for the Random Drawing commences on or about July 19th, 2010 and continues weekly through August 15th, 2010, 11:59PM PST.
6) WINNER SELECTION AND NOTIFICATION: Five (5) winners will be chosen by random drawing. Winners will be notified by email and/or telephone on or about the Monday following each drawing and potential winners may be required to sign and return an Affidavit of Eligibility and Publicity/Liability Release (where lawful) within 3 days of the date of notification. If the Affidavit of Eligibility and Publicity/Liability Release is not received within 5 days of the date of notification, the prize may be forfeited (at the sole discretion of Sponsor and its Agents) and an alternate winner selected. If the potential winner is a resident of Canada, he/she may be required to correctly answer a skill question in order to receive the prize, and only potential winners who correctly answer the skill-testing question will be eligible to win and receive a prize. The skill-testing questions may be part of the entry process or the process in which the potential winner is notified and required to sign and return the paperwork specified above. In either case, the correct answer to the skill question must be submitted within the time limits set forth herein for the submission of the drawing entry or the winner paperwork, as applicable. Sponsor and its Agents reserve the right to require a potential winner to submit to a confidential background check to confirm eligibility and help ensure that the use of any such person in advertising or publicity will not bring the Sponsor and its Agents into public disrepute, contempt, scandal or ridicule or reflect unfavorably as determined by the Sponsor and its Agents in their sole discretion. A winner who is a minor in his/her state or province of residence must have all required paperwork completed and signed by his/her parent or legal guardian within the time period specified above, or the prize may be forfeited (at the sole discretion of Sponsor and its Agents) and an alternate winner selected.
7) GROUNDS FOR DISQUALIFICATION: Sponsor and its Agents reserve the right, in their sole discretion, to disqualify any individual deemed to be (a) tampering or attempting to tamper with the entry process or the operation of the random drawing or any website of the Sponsor and its Agents; (b) violating the Official Random Drawing Rules; (c) violating the terms of use, conditions of use and/or general rules or guidelines of any web site, fan club, or other service, or (d) acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass another entrant, Sponsor and its Agents, or any other person. Any attempt by any person to deliberately damage any web site or undermine the legitimate operation of the Random Drawing is a violation of criminal and civil law, and, should such an attempt be made, Sponsor and its Agents reserve the right to seek damages from any such person to the fullest extent permitted by law.
8) PRIZES: Five (5) winners will be chosen by random drawing; one each week for five (5) weeks. Four (4) chosen winners will receive a Janet Jackson autographed ‘Number Ones’ audio CD. This prize has an estimated retail value of $15.98. One (1) chosen winner will receive a Janet Jackson autographed ‘Why Did I Get Married Too?’ movie poster. There is no retail value associated with this prize. Sponsor and its Agents make no representations or warranties of any kind concerning the appearance, performance or safety of any prize awarded. Limit of one prize per person, household and address. Prizes will be delivered only to addresses in the United States or Canada. The timing and method of delivery of the prize will be determined as the sole discretion of Sponsor and its Agents. Return of any prize or prize notification as undeliverable may result in the prize being forfeited and an alternate winner selected. The winner shall bear all risks of loss or damage to prize after it has been delivered. No prize substitutions or cash equivalents are allowed, except at the sole discretion of the Sponsor and its Agents. Prizes may not be transferred. All federal, state, and local taxes associated with the receipt of any prizes are the sole responsibility of the winner. If the prize includes the online posting of materials, including but not limited to photos, text, audio, video, animation, graphic art, illustration, etc., then the location and duration of such posting will be determined solely by Sponsor and its Agents. Prizes for which a minor has been selected may be awarded to his/her parent or legal guardian.
9) GENERAL: Sponsor and its Agents reserve the right to cancel or modify the Random Drawing if fraud, technical failures, or any other factor impairs the integrity of the Random Drawing, or for any other reason or for no reason, as determined by the Sponsor and its Agents in their sole discretion. In such event, Sponsor and its Agents reserve the right to (but are not required to) award the prizes at random from among all non-suspect, eligible entries received up to the time of the impairment or cancellation. By entering, you: (a) agree to release the Sponsor and its Agents from all liability, injuries, loss and/or damage of any kind arising from your participation in the Random Drawing and the acceptance, possession and use/misuse of any prize; (b) agree to be bound by these Official Rules and the decisions of the Sponsor and its Agents; and (c) give your express permission to be contacted by Sponsor and its Agents by email, mail or phone. By submitting an entry, you further consent to the use of your name, address, image, voice, likeness, statements, biographical material, as well as any additional photographic images, video images, portraits, interviews or other materials relating to you and arising out of your participation in this Random Drawing (with or without using your name) in any media, whether now known or hereafter invented, throughout the world for any purpose whatsoever, without limitation, and without additional review, compensation, or approval from you or any other party (except if winner is a resident of Tennessee or where otherwise prohibited by law). If you are selected as a winner, prior to receiving the prize, you must agree to sign an affidavit to such effect, unless the winner is a resident of Tennessee or otherwise where prohibited by law. Each winner is responsible for all federal, state and local taxes applicable to the acceptance and use of his/her prize. All applicable federal, state and local laws and regulations apply. The Random Drawing is governed by laws of the United States and all claims must be resolved in the United States. You further agree that any and all disputes, claims and causes of action arising out of or connected with this Random Drawing or any prizes awarded shall be resolved individually without resort to any form of class action, and exclusively by the United States District Court for the Central District of California or the appropriate California State Court located in Los Angeles County, California. Should any of the provisions of the Official Random Drawing Rules be found to be invalid or unenforceable by any court of competent jurisdiction, that portion shall be deemed severed or restricted and the remainder of the Contest Rules shall remain in full force and effect. The failure of Sponsor and its Agents to enforce any term of these Official Rules shall not constitute a waiver of that provision.
10) RELEASE: You release, and agree to indemnify and hold harmless, Sponsor and its Agents, and their respective officers, directors, employees and agents (the “Released Parties”) from and against all claims (know and unknown), liabilities, injuries, death, loss and/or damages of any kind arising from your participation in the Random Drawing or the acceptance, possession or use or misuse of the prize. You assume all risks associated with the Random Drawing or use or misuse of the prize, and you agree that the Released Parties will not be responsible or liable for any injury, harm, death, damages, costs or expenses.
11) WINNERS LIST & OFFICIAL RULES: The names of the winners will be posted on the News section of Janet Jackson’s website after eligibility is confirmed. To obtain the name of a winner, send a request via email to janetjackson@contests.sparkart.com or mail a letter request and self-addressed stamped envelope to: JANET JACKSON c/o: JANET’S Everything For Nothing Experience, P.O. Box 8639, Emeryville, CA 94662. Requests must be received by August 1st, 2010, 11:59PM PST. To obtain a copy of these Random Drawing Official Rules, send a self-addressed, stamped envelope to the above address, Attn: Rules Request, JANET’S Everything For Nothing Experience.
12) DISCLAIMER OF WARRANTIES: SPONSOR AND ITS AGENTS ARE PROVIDING THE CONTEST ON AN “AS IS” AND “AS AVAILABLE” BASIS. SPONSOR AND ITS AGENTS DO NOT REPRESENT OR WARRANT THAT THE CONTEST OR THE TECHNOLOGY USED TO PROVIDE IT: (I) WILL BE UNINTERRUPTED OR SECURE, (II) WILL BE FREE OF DEFECTS, INACCURACIES OR ERRORS, OR (III) WILL MEET YOUR REQUIREMENTS OR ENABLE YOU TO PARTICIPATE IN IT. SPONSOR AND ITS AGENTS MAKE NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THESE RULES, AND HEREBY DISCLAIM ANY AND ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT.
13) EXCLUSION OF DAMAGES: SPONSOR AND ITS AGENT WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL), WHETHER IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, ARISING OUT OF, RELATING TO OR CONNECTED WITH THE RANDOM DRAWING, REGARDLESS OF THE CAUSE OF ACTION ON WHICH THEY ARE BASED, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OCCURRING.
14) LIMITATION OF LIABILITY. IN NO EVENT WILL SPONSOR’S AGGREGATE LIABILITY ARISING FROM, RELATING TO, OR IN CONNECTION WITH THESE RULES (INCLUDING, WITHOUT LIMITATION, CLAIMS RELATING TO THE NETWORK) EXCEED THE ACTUAL OUT OF POCKET COSTS PROXIMATELY CAUSED YOU BY SPONSOR’S BREACH OF THESE RULES.
15) WAIVER. No failure or delay by a party in exercising any right, power, or privilege under these Rules will operate as a waiver thereof. No waiver of any provision of these Rules, or any rights or obligations of either party under these Rules, shall be effective, except pursuant to a written instrument signed by the party waiving compliance, and any such waiver shall be effective only in the specific instance and for the specific purpose stated in such writing.
16) SEVERABILITY. Any provision of these Rules that is found invalid or unenforceable pursuant to judicial decree or decision shall be ineffective to the extent of such invalidity or unenforceability, and the remainder of these Rules shall remain valid and enforceable according to their terms. If any provision of these Rules is so broad as to be unenforceable, the provision shall be interpreted to be only so broad as is enforceable.
© 2010 Sparkart Group, Inc. All rights reserved. Random Drawing entrants are hereby authorized to copy these Official Rules on the condition that it will be for the entrant's personal use and not for any commercial purpose whatsoever.