1. HOW TO ENTER:
To enter, visit the “KeyWestCityofColors.com” web site (the "Site") and complete the Official On-Line Entry Form by providing the following information: full legal name, email address and zip code or fill out a sweepstakes form at any participating event or venue. No purchase, entry fee or payment is necessary to enter the Contest. No mechanically reproduced entries will be accepted. Limit one (1) entry per person/email account. For purposes of these Official Rules, "receipt" of an electronic entry occurs when Sponsor's servers record the entry information when the entrant clicks the "submit" (or similar) button, In the event of a dispute as to the identity of the entrant, the entrant will be deemed to be the individual who is the registered holder of the email account. Multiple entries by the same person, whether using one or more email accounts, will not be accepted and may result in disqualification of all entries. Sponsor will not verify receipt of entries. Automated entries are prohibited, and any use of such automated devices will result in disqualification. Entries are limited to individuals only; commercial enterprises and business entities are not eligible. Sponsor is not responsible for incorrect or inaccurate entry of information by entrants; lost entries or transmissions; interrupted or unavailable network, server, or other connections; scrambled transmissions or other errors or problems of any kind whether mechanical, human, or electronic, technical malfunctions of the computer hardware, software, or any combination thereof; or problems associated with any virus or any other damage caused to entrants' systems. Incomplete entries will be voided. All entries become the property of Sponsor and will not be returned.
2. ELIGIBILITY:
The Contest is open to any individual who is:
• A legal resident of the forty-eight (48) contiguous United States and the District of Columbia, excluding Rhode Island.
• Twenty-one (21) years of age and older as of September 20, 2004, and has Internet access and an existing email account prior to September 20, 2004.
• Not an employee of any Sponsor or its parent, affiliates, subsidiaries, advertising and promotion agencies, and other coordinating agencies involved in the development, implementation and distribution of the Contest, their immediate family members and others living in the same household of such an employee. The Contest is intended for viewing in the United States only and shall only be construed and evaluated according to United States law. You are not authorized to participate in the Contest if you are not a physical resident of the United States.
3. PRIZE DETAILS:
The winner will receive two (2) travel certificates good for round-trip coach class travel from any one of the 48 contiguous states in the U.S. to Key West, Florida, and hotel accommodations for two (2), double occupancy, for a four (4) day, three (3) night stay at one of the selected sponsoring hotels. Hotel stay does not include any taxes, room service, phone charges and any other charges not included in the basic room rate. All travel must be completed by July 5, 2005.
Ticketed flights may include stopovers and/or connections. Tickets are not exchangeable or redeemable for cash; are subject to terms and conditions of use as stated thereon; and are not to be combined with any other offer. Tickets and hotel accommodations may be subject to availability and holiday/blackout dates. A Saturday night stay and 21-day advance booking are required.
4. PRIZE RESTRICTIONS:
Winner will receive an award letter with instructions on how to redeem the trip and contact information.
5. WINNER SELECTION:
Winner will be selected in a random drawing on March 6, 2005, from all eligible entries received.
Decisions are final in all matters relating to the Contest. Odds of winning depend solely on the total number of valid entries received. Winner will be notified by telephone and/or by email. If a potential winner cannot be contacted within ten (10) business days from the first notification attempt, using commercially reasonable efforts, or if a potential winner has not, or does not comply with these Official Rules, then such person shall be disqualified and an alternate winner may be selected.
6. GENERAL RULES & CONDITIONS:
By participating in the Contest, entrants agree to be bound by these Official Rules. Winner will be required to sign and complete an Affidavit of Eligibility, a Liability and Publicity Release, (where legally permissible), and return the signed documents within ten (10) days of receipt of attempted delivery to receive the specified prize. Otherwise the specified prize may be forfeited and awarded to an alternate winner. The guest of the winner will be required to sign and return a Liability and Publicity release (where legally permissible) prior to issuance of travel documents. If any guest is a minor, minor must have his or her parent/legal guardian sign documents on his/her behalf and must be accompanied by such parent or legal guardian. Each entrant acknowledges that any information provided by entrant may be disclosed to Sponsor, and that Sponsor may send marketing communications to entrants in accordance with each entrant's "opt-in" selection. Winner gives Sponsor the right to use winner's name, voice, picture, portrait and likeness for advertising and promotion purposes without further compensation, where permitted by law. These Official Rules and all matters related to the Contest will be governed by the laws of the State of Florida, without regard to its conflict of laws principles. Any disputes arising under, or related to, the Contest must be brought in the federal or state courts located in Monroe County, Florida.
7. LIMITATION OF LIABILITY:
SPONSOR AND PICTURE THIS! ENTERTAINMENT, THEIR PARENT, SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, ADVERTISING AND PROMOTION AGENCIES, AND OTHER COORDINATING AGENCIES INVOLVED IN THE CONTEST SHALL HAVE NO LIABILITY AND SHALL BE HELD HARMLESS BY ENTRANTS AND WINNER FOR ANY DAMAGE, LOSS OR LIABILITY TO PERSON OR PROPERTY, DUE IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, BY REASON OF ENTERING THE CONTEST, THE ACCEPTANCE, POSSESSION, USE OR MISUSE OF PRIZE, OR WHILE PREPARING FOR, PARTICIPATING IN, AND/OR TRAVELING TO AND FROM ANY PRIZE-RELATED ACTIVITY. Any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred not to exceed Five Thousand One Hundred Dollars ($5,100.00), including costs associated with entering the Contest, but in no event, attorney's fees.
8. TAMPERING:
If for any reason the Contest is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other cause beyond the control of Sponsor that corrupts, impairs or affects the administration, security, fairness, integrity, or proper conduct of this Contest, Sponsor reserves the right, at its sole discretion, to cancel, terminate, modify, extend or suspend the Contest and/or prizes. In such event, Sponsor may award prizes in a random drawing from all eligible entries received up to the date of cancellation or suspension. Sponsor further reserves the right to disqualify any individual who tampers with or in any way corrupts the entry process. Sponsor may prohibit an entrant from participating in the Contest or winning a prize if, in Sponsor's sole discretion, Sponsor determines that said entrant is attempting to undermine the legitimate operation of the Contest by cheating, hacking, deception, or other unfair playing practices (including the use of automated quick entry programs) or intending to annoy, abuse, threaten or harass any other entrants or Sponsor representatives. CAUTION: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS IN VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY'S FEES) FROM ANY SUCH ENTRANT OR ANY OTHER INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING CRIMINAL PROSECUTION.
9. WINNER LIST/RULES:
For the name of the winner, go to KeyWestCityofColors.com. The name of the winner will be posted on March 6, 2005. The winner will also receive an email confirmation of the prize and directions on how to redeem the trip.
10. SPONSOR:
Talmadge Studio, Inc.
1129 Fleming Street
Suite 420
Key West, Florida 33040
Contact:
Chad Newman
chad@talmadgestudio.com