Official Rules:
NO PURCHASE NECESSARY TO ENTER OR WIN
By entering Acclaim Entertainment's "Miss BMX XXX" Promotion, each entrant ("Entrant") agrees that Acclaim Entertainment, Inc. ("Sponsor") has the license, right and permission, without obligation, to use the name, photograph, likeness, biographical information, statements of the Entrant and anyone appearing in the submitted image and/or Entry (as defined below) and all elements, concepts and images embodied in the Entry, for purposes of marketing and promoting the Sponsor, Sponsor's products and services and this Promotion, on the Promotion Web site and/or in other media now or hereafter known, without consideration to such Entrant or any third party, except where prohibited by law.
1. DESCRIPTION OF THE PROMOTION: The Promotion begins at 9:00 a.m. Eastern Time ("ET") on November 4, 2002 and ends at 11:59 p.m. ET on December 31, 2002. Internet users are invited to submit a digital image (each an "Entry") to Sponsor's web site. All visitors to the web site will then vote on their favorite Entry, picking the Entry which in the visitor's opinion is the 'hottest' image. Acclaim Entertainment will choose the 'hottest' "Ms. BMX" (the "Winner"). The Winner and one guest will be flown to New York City and escorted to Scores Adult Entertainment Nightclub with Gary and Casey of the Howard Stern Show (date to be announced).
2. HOW TO ENTER: To enter the Promotion, Entrants must (a) complete their contact information and other requested information, including a valid e-mail address, in the online submission form located on the Promotion site at https://bmxxxx.com/index.phpxxx/register.html (the "Submission Form"), and (b) upload their digital image (the Submission Form and image constituting the "Entry"). Entrants must submit the completed Entry to Sponsor by following the instructions.
Sponsor will be collecting personal data about Entrants when they complete their Submission Form. Please review the privacy policy. By entering the Promotion, each Entrant agrees to all of the terms and conditions of such privacy policy.
All Entries must be fully original works. By entering, each Entrant hereby asserts that nothing in his or her Entry infringes on any rights of any third parties, including but not limited to copyrights, trademarks, rights of privacy or rights of publicity. Entries become the property of Sponsor and will not be returned. Sponsor assumes no responsibility if for any reason, an Entry cannot be viewed. Sponsor is not responsible for any errors in Promotion related materials, or lost, late, incomplete, invalid, unintelligible or misdirected entries, which will be disqualified. Limit one entry per person.
By entering the Promotion, each Entrant agrees that (a) Sponsor has the right, license and permission, without obligation, to use the name, photograph, likeness, biographical information, statements of each Entrant and the submitted Entry (and all elements, concepts and images embodied in the Entry), and/or other elements of Entrant's Entry in any manner or media now or hereafter known, without consideration to Entrant or any third party, except where prohibited by law; and (b) Sponsor will have the unrestricted right to broadcast, edit, modify, transmit, display, air and promote any Entry on the Promotion Web site, as well as in any media now or hereafter known, for any purposes with no compensation to such Entrant.
3. ELIGIBILITY: Open to legal residents of the 50 United States (including the District of Columbia), 18 years of age or older. Void where prohibited by law. This promotion is governed by US law and is subject to all applicable federal, state and local laws and regulations. Employees of Sponsor, its parents, subsidiaries and affiliated entities are not eligible, nor are members of such employee's immediate families or households.
All Finalists will be required to execute an affidavit of eligibility swearing to compliance with these eligibility requirements, and will also be required to execute a liability/publicity release. Misrepresentations of age, residency, or any other qualification are grounds for immediate disqualification from the Promotion.
4. ENTRIES: Entries deemed obscene, defamatory, offensive or otherwise inappropriate will be disqualified, in the sole discretion of Sponsor. Entries must have the permission of all individuals displayed in the digital image prior to submission. Sponsor reserves the right to reject, disqualify and not post any Entry that it deems, in its sole discretion, to be inappropriate for any reason. Sponsor may, in its sole discretion and without obligation, modify or edit any Entry prior to posting.
Upon posting to the Promotion Web site, the online audience will vote for the 'hottest' images. Limit one vote per person. The online voting will end at 11:59:59 p.m. ET on December 31, 2002. Upon verifying eligibility, Acclaim Entertainment will choose the 'hottest' "Miss BMX" (the "Winner"). The Winner and one guest will be flown to New York City and escorted to Scores Adult Entertainment Nightclub with Gary and Casey of the Howard Stern Show (date to be announced).
Responding to prize notification: Potential Finalists will be contacted by e-mail or telephone. Return of any prize or prize notification as undeliverable, or failure of potential winner to respond within three days of first attempted notification, will result in forfeiture of prize and selection of an alternate winner. Potential Finalists will be required to sign and return an Affidavit of Eligibility/Liability/Publicity within 7 days of first attempted notification date or Sponsor reserves the right to select an alternate winner.
5. PRIZES: (1) The Winner will receive: A trip to New York City to be escorted to Scores Adult Entertainment Nightclub with Gary and K.C. of the Howard Stern Show. Trip includes roundtrip coach airfare for two (2) to New York City, New York from within the continental United States, and a two (2) night hotel stay (single room, double occupancy) in a hotel chosen by Sponsor (ARV $1,000). ALL TAXES, EXPENSES AND COSTS NOT SPECIFIED HEREIN, INCLUDING BUT NOT LIMITED TO GRATUITIES, MEALS, TRAVEL UPGRADES AND PERSONAL INCIDENTALS, CONNECTED WITH ANY PRIZE ARE THE SOLE AND EXCLUSIVE RESPONSIBILITY OF THE RESPECTIVE WINNERS. Travel must take place on dates/times selected by Sponsor. Winner must provide all information necessary for Sponsor's completion of Internal Revenue Service Form 1099. Actual value of trip will vary depending on location of winner and date and time of trip. Difference between stated ARV and actual value of trip will not be awarded in cash. If a winner lives within a close proximity to New York City, Sponsor may substitute travel component of prize without awarding balance in cash. All prizes awarded in connection with the Promotion are nontransferable.
No substitution of prizes is permitted, except by Sponsor, who reserves the right to substitute a prize with another prize of equal or greater value in the event of unavailability. All travel and accommodations subject to availability. Blackout dates and restrictions apply. Sponsor is not responsible if trip portion of prize cannot be awarded due to travel cancellations, delays or interruptions due to Acts of God, Acts of War, natural disasters, weather or terrorism. If, for any reason, Scores is closed, cancelled, terminated or postponed, or Gary and/or Casey of the Howard Stern Show is unavailable after travel is booked, Sponsor will award the balance of the prize trip to New York in full satisfaction of the prize award to the winner.
6. CONDITIONS OF PARTICIPATION: By entering, participants (a) agree to be bound by the official rules and the decisions of the Sponsor which are final and binding in all respects; (b) agree to release Sponsor and its employees and agents from any and all liability, loss, damage or injury resulting from participation in this promotion or awarding, receipt, possession use and/or misuse of any prize awarded herein and acknowledge that Sponsor, and its employees and agents have neither made nor are in any manner responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to any prize including, but not limited to, its quality, mechanical condition or fitness for a particular purpose; and (c) consent to use of his/her name, photograph and/or likeness for advertising and promotional purposes in connection with this promotion without additional compensation, unless prohibited by law.
7. INTERNET AND DISCLAIMER OF WARRANTIES: Sponsor assumes no responsibility for technical, hardware or software failure of any kind, for lost network connection or for garbled computer transmissions. If for any reason, the Promotion is not capable of running as planned, including infection by computer virus, bugs, tampering, and unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Sponsor which corrupt or affect administration, security, fairness, integrity, or discretion, Sponsor reserves the right to cancel, terminate, modify or suspend the Promotion. Sponsor assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, alteration of entries. Sponsor is not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line systems, servers, computer equipment, software, failure of any e-mail to be received by Sponsor on account of technical problems, human error or traffic congestion on the Internet or any Web site, or any combination thereof, including any injury or damage to the participant's or any other person's computer related to or resulting from participation or downloading any materials in this promotion.
If for any reason your Entry cannot be viewed or is not capable of running as planned, including infection by computer viruses, bugs, tampering, unauthorized intervention, fraud or technical failures, Sponsor assumes no responsibility. Sponsor is not responsible for any problems or technical malfunctions.
All online Entrants must have a valid email address. In case of dispute as to identity of Entrant, 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 an email address by an Internet access provider, online service provider, or other organization (e.g., business, educational, institution, etc.) responsible for assigning email addresses or the domain associated with the submitted email address.
Sponsor makes no warranties, and hereby disclaims any and all warranties, express or implied, concerning any prize furnished in connection with the Promotion. WITHOUT LIMITING THE FOREGOING, THE PROMOTION AND ALL MATERIALS PROVIDED ON OR THROUGH THE PROMOTION WEB SITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT.
8. IMPORTANT. PLEASE READ: GENERAL RELEASE AND LIMITATIONS ON LIABILITY. By entering, Entrants release and hold harmless Sponsor, its parents, subsidiaries, affiliates, directors, officers, employees and agents from any and all liability or any injuries, loss or damage of any kind arising from or in connection with participation in the Promotion, submission of the Entry or acceptance or use of any prize (including, without limitation, claims, costs, injuries, losses and damages related to personal injuries, death, damage to, loss or destruction of property, or any claims, costs, injuries, losses or damages related to or based on copyright or trademark infringement, the Entrant's or anyone else's rights of publicity or privacy or the Entrant's claim or anyone portrayed in Entrant's Entry that they have somehow been defamed or portrayed in a false light).
This promotion is governed by the laws of the United States and the State of New York, without respect to conflict of law doctrines. As a condition of participating in this Promotion, participants agree that any and all disputes which cannot be resolved between the parties, and causes of action arising out of or in connection with this Promotion, shall be resolved individually, without resort to any form of class action, exclusively before a court located in New York having jurisdiction. Further, in any such dispute, under no circumstances will participants be permitted to obtain awards for, and participants hereby waive all rights to claim punitive, incidental or consequential damages, including attorneys' fees, other than actual out-of-pocket expenses (e.g. costs associated with registering), and participants further waive all rights to have damages multiplied or increased. The invalidity of any provision of these rules shall not affect the validity or enforceability of any other provision.
9. WINNERS LIST: For a winners list, send a self-addressed stamped envelope by December 31, 2002, to Acclaim Entertainment's "Miss BMX XXX" Promotion, P.O. Box 1323, Lake Grove, NY 11755-1323.
10. SPONSOR: The sponsor of this promotion is Acclaim Entertainment, Inc. Glen Cove, New York. This promotion is administered by Promotion Associates, Inc., Lake Grove, New York.
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