OFFICIAL RULES Malibu® Outdoor Living™ $20,000 Sweepstakes 1. ELIGIBILITY: The Malibu Outdoor Living $20,000 Sweepstakes is open and offered only to legal residents of the fifty United States or the District of Columbia, 21 years of age or older at the time of entry. Employees, officers and directors of Intermatic Inc. (“Sponsor”), their respective affiliated companies, parents, subsidiaries, Web site developers and administrators, and advertising, public relations, interactive and promotion agencies, and their family members (mother, father, brother, sister, daughter, son, or spouse, regardless of where they live) and members of the same households (whether related or not) and their IRS-listed dependents are ineligible to participate in this Sweepstakes. By participating, you agree to these Official Rules and the decisions of Sponsor and/or Administrator, LoSasso Advertising, Inc., which are final and binding in all respects. Void where prohibited by law. 2. HOW TO ENTER: The "Malibu Outdoor Living $20,000 Sweepstakes" begins at 12:01 a.m. (Central Time ["CT"]) on April 23, 2007 and ends at 11:59 p.m. CT on August 15, 2007. You may enter the Sweepstakes in either of the following ways: (i) visit www.malibulights.com/sweepstakes (the "Web site"), complete the online entry form and submit it in accordance with the on-screen directions; or (ii) hand print your name, complete address and phone number on a piece of paper no larger than 8 1/2 x 11 inches, and mail the paper in a first class stamped envelope to: Malibu Outdoor Living $20,000 Sweepstakes, PO Box 408190, Chicago, IL 60640-8190 postmarked by August 16, 2007 and received by August 21, 2007. 3. DRAWING AND NOTIFICATION: The potential winners will be selected from among all eligible entries received in a random drawing held on or about August 23, 2007, by the Sweepstakes Administrator. Potential winners will be notified by phone, e-mail, U.S. mail, (or in such other manner as determined by Sponsor) on or about 5 days after the drawing. 4. PRIZES/ODDS: Grand Prize: One (1) Grand Prize Winner will receive Fifteen Thousand Dollars ($15,000) awarded in the form of a check that may be used toward improving winner’s outdoor living space, Malibu outdoor living products (ARV $1,000) includes professional installation, a new grill from Weber Grill (ARV $1,000) and patio furniture from patiofurnitureusa.com (the particular light products, grill and furniture to be determined by Sponsor) (ARV $3,000). Total Approximate Retail Value (ARV) of Grand Prize: $20,000. First Prize: Three (3) First Prize Winners will receive $500 of Malibu outdoor living products, the particular outdoor living products to be selected by Sponsor. (ARV $500). Prize Conditions: Should the Grand Prize winner in winner’s sole discretion choose to use the $15,000 portion of the prize to improve outdoor living space, the winner will be solely and exclusively responsible and liable for all such improvements, including but not limited to, contractor selection, agreement and work, materials, and compliance with all laws, rules, regulations and ordinances, and Sponsor shall have no responsibility or liability for any part thereof. Professional installation of light products must occur prior to December 30, 2007. Expenses not stated are the sole responsibility of the winner. If a winner cannot accept prize as stated prize may be forfeited in its entirety and awarded to an alternate winner. Except as stated prizes cannot be transferred, substituted or redeemed for cash, but Sponsor reserves the right to substitute a prize of equal or greater value if a prize cannot be awarded as described for any reason. All taxes, if any, are the sole responsibility of the individual winner. Odds of winning: Odds of winning any prize depend on the number of eligible entries received. 5. GENERAL CONDITIONS: Potential winners may be required to complete, execute and return an Affidavit of Eligibility, a Liability Release and where lawful a Publicity Release within 14 days of date stated on notification. If documents are not returned timely, or if the prize notification or prize is returned as non-deliverable, or if a winner is found to be ineligible or otherwise not in compliance with these Official Rules, prize may be forfeited and an alternate winner randomly selected. By acceptance of a prize each winner grants permission for the Sponsor (and agrees to confirm that grant in writing), and those acting under Sponsor’s authority, to use winner's name, statements, biographical information, picture, portrait, and/or likeness for advertising, trade, promotion and public relations purposes in any media, now known or hereafter discovered or devised, worldwide including on the Worldwide Web and Internet, in perpetuity, at any time or times, without notice, review or approval, and without additional consideration unless prohibited by law. Participants agree to release, discharge, indemnify and hold harmless Sponsor, Administrator and their respective affiliated companies, parents, subsidiaries, Web site developers and administrators, and advertising, public relations, interactive and promotion agencies, and each of their respective officers, directors, employees, representatives and agents (individually and collectively “Releasees”) from any and all liability, costs and expenses, for any injury or loss, damage (whether due to negligence or otherwise) to person(s), including death, and property due in whole or in part, directly or indirectly, to participation in this Sweepstakes or any Sweepstakes-related activity, or by reason of possession, acceptance, use or misuse of any prize. In no event will Releasees be responsible or liable for any damages or losses of any kind, whether direct, indirect, incidental, consequential, punitive or other damages. 6. LIMITATIONS OF LIABILITY: Releasees are not responsible for lost, late, misdirected, incomplete, illegible, postage due or non-delivered entries, mail or email; or for interrupted or unavailable satellite, network, server, Internet Service Provider (ISP), Web site, telephone, or other connections, availability or accessibility, or miscommunications, or failed computer, satellite, telephone or cable transmissions, or lines, or technical failure or jumbled, corrupted, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures, or technical errors or difficulties, or other errors of any kind whether human, mechanical, electronic or network or the incorrect or inaccurate capture of entry, or other information or the failure to capture, or loss of, any such information. Releasees are not responsible for any incorrect or inaccurate information, whether caused by Web site users, tampering, hacking, or by any equipment or programming associated with or utilized in the Sweepstakes; and assume no responsibility for any error, interruption, deletion, defect, delay in operation, or transmission, communications line failure, theft or destruction, or unauthorized use to this Web site or any web site. Persons who tamper with or abuse any aspect of this Sweepstakes, as solely determined by Sponsor, will be disqualified. Releasees are not responsible for injury or damage to participant’s or to any other person's computer related to or resulting from participating in this Sweepstakes or downloading or use of the Web site. Should any portion of the Sweepstakes be, in Sponsor’s sole opinion, compromised by virus, worms, bugs, non-authorized human intervention, technical failures or other causes which, in the sole opinion of Sponsor, corrupt or impair the administration, security, fairness or proper play, Sponsor reserves the right at its sole discretion to suspend, modify or terminate the Sweepstakes, and select the winners from entries received prior to action taken or as otherwise deemed fair and appropriate by Sponsor. In case of dispute, the authorized subscriber of the e-mail account used to enter the Promotion at the actual time of entry will be deemed to be the participant, and must comply with these Official Rules. The authorized account subscriber is deemed to be the natural person who is assigned an e-mail address by an Internet Access Provider, on-line service provider, or other organization which is responsible for assigning e-mail addresses. Releasees are not responsible for any typographical or other printing errors in the offer or administration of the Sweepstakes, including, but not limited to, errors in the printing of posting of the offer or in these Official Rules, the selection or announcement of the winners, or the distribution of any prizes. IN NO EVENT WILL RELEASEES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO AND USE OF INTERNET SITE www.malibulights.com/sweepstakes. OR THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM SAID SITE. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THIS SITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS. 7. PRIVACY POLICY: The collection and use of entrant information will be governed by Sponsor’s on-line privacy policy, available for viewing at www.malibulights.com/sweepstakes. 8. ARBITRATION: Except where prohibited, entrant agrees that: (1) any and all disputes, claims, and causes of action arising out of or connected with this Promotion, or any prize awarded, or the determination of the winners, shall be resolved individually, without resort to any form of class action, and exclusively by arbitration pursuant to the Rules of the American Arbitration Association, then effective, and (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Promotion but in no event attorneys’ fees; and (3) 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. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant and/or Releasees in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the State of Illinois, without regard for conflicts of law doctrine, and all proceedings shall take place in Chicago, Illinois. 9. WINNERS LIST: After August 27, 2007, you may obtain the names of the Winners by mailing a self-addressed stamped envelope to: Malibu Outdoor Living $20,000 Sweepstakes-Winners List, PO Box 408190, Chicago, IL 60640-8190. For a copy of the Official Rules send a self addressed stamped envelope to: Malibu Outdoor Living $20,000 Sweepstakes-Rules, PO Box 408190, Chicago, IL 60640-8190. Requests received after September 24, 2007 will not be honored. Sponsor: Intermatic Inc., Intermatic Plaza Spring Grove, IL 60081. |