2012 Reader Survey Giveaway: OFFICIAL RULES

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8. CONDITIONS: Each entrant by entering the Giveaway agrees that: [1] he/she will be bound by the Rules and the Sponsor’s decisions and Privacy Policy; [2] the Entry becomes solely the Sponsor’s property and will not be acknowledged; [3] the Releasees are not responsible for claims, injuries, losses, damages, disputes, disability or death resulting, in whole or in part, directly or indirectly, from the awarding, delivery, acceptance, use, misuse, possession, loss or misdirection of any prize; participation in the Giveaway or in any activity or travel related thereto or from any interaction with, or downloading of, computer Giveaway information; [4] any winner’s acceptance of any prize constitutes the grant to Sponsor and assigns of an unconditional right to use such winner's name, address (city and state only), voice, likeness, photograph, biographical and prize information and/or statements about the promotion for any publicity, advertising and promotional purposes without additional compensation, except where prohibited by law; [5] in the event viruses, bugs, unauthorized human intervention, Acts of God, acts or regulations of any governmental or supra-national authority, war, national emergency, accident, fire, riot, strikes, lock-outs, industrial disputes, acts of terrorism or other matters beyond the Sponsor’s reasonable control, corrupt, prevent or impair the administration, security, fairness or proper play of the Giveaway, so that it cannot be conducted as originally planned, the Sponsor has the right to cancel, modify, terminate or suspend the Giveaway; and in such event, to select winners by such method as Sponsor in its sole discretion shall consider equitable; [6] the Releasees are not responsible for typographical or other errors in the offer or administration of the Giveaway, including but not limited to: errors in the advertising, Rules, selection and announcement of the winners and distribution of the prizes; [7] any portion of any prize not accepted or used by any winner will be forfeited; [8] the Releasees are not responsible for any inability of any winner to accept or use any prize (or any portion thereof) for any reason; [9] Sponsor has the right to disqualify any individual it finds to be tampering with the entry process or the operation of the Giveaway or to be acting in violation of the Rules or in a disruptive manner; [10] any attempt by any person to deliberately damage the Website or undermine the legitimate operation of the Giveaway may be a violation of criminal and civil laws and Sponsor has the right to seek damages from any such person to the fullest extent permitted by law; [11] Sponsor’s failure to enforce any provision of the Rules shall not constitute a waiver of that provision; [12] in the event of any dispute or claim arising out of or connected with the Giveaway, the entrant and Sponsor shall make a good faith effort to resolve that dispute or claim through mediation facilitated by a neutral third party, at Sponsor’s expense; [13] in the event that the parties are unable to reach a resolution through mediation, the parties select the State and Federal Courts located in the State of New York, County of New York, as the exclusive forum in which the matter may be litigated; [14] any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Giveaway but in no event attorneys’ fees; [15] under no circumstances will entrant be permitted to obtain awards for and entrant hereby waives all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased, where applicable.(SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES) and [16]. all issues and questions concerning the construction, validity, interpretation and enforceability of the Rules, or the rights and obligations of the entrant, Sponsors and Promoters in connection with the Giveaway, shall be governed by, and construed in accordance with, the laws of the State of New York, U.S.A. without giving effect to any choice of law or conflict of law rules (whether of the State of New York, U.S.A. or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York, U.S.A.

 
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