THIS CONTEST (the "Contest") IS A GAME OF SKILL CONTEST OFFERED BY BUILT NY ONLY TO LEGAL RESIDENTS OF THE UNITED STATES (INCLUDING WASHINGTON DC) WHO ARE LOCATED IN THE U.S & AT LEAST 18 YEARS OLD AT THE TIME OF CONTEST PARTICIPATION.
USE OF THIS WEB SITE AND/OR PARTICIPATION IN THIS CONTEST CONSTITUTES ENTRANT'S FULL & UNCONDITIONAL AGREEMENT TO & ACCEPTANCE OF THESE OFFICIAL CONTEST RULES. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS & CONDITIONS OR YOU DO NOT MEET THE ELGIGIBILITY CRITERIA SET FORTH IN THESE RULES, DO NOT USE THIS WEB SITE & DO NOT PARTICIPATE IN THIS CONTEST.
NO PURCHASE NECESSARY. THIS CONTEST IS VOID WHERE PROHIBITED.
1. ELIGIBILITY: This Contest is sponsored by Built NY, Inc. ("Built NY") Access to the Built NY's Internet site http://builtny.com/electrica (the "Site") is required to participate in the Contest. The Contest is offered only in the United States to legal residents of the 50 United States who are located in the United States and at least 18 years old at the time of Contest participation. Employees and directors of Built NY Inc. ("Built NY"), and each of their parents, affiliates and subsidiary companies, their advertising and promotional agencies and each of their immediate family members or members of the same households of such employees and directors are not eligible. Built NY may disqualify or exclude any Contest participant at anytime for any action taken in violation of these Official Contest Rules or any behavior deemed inappropriate or injurious to others. Disqualification may also result and an alternative Winner may be named, if for any reason a prize notification or prize is returned as non-deliverable or if Winner is found to be ineligible to receive a prize. The decisions of Built NY or its designee in this regard are final and binding upon all participants.
2. TO ENTER: Eligible participants need only click on the Site linked above, play the game and enter their information following the conclusion of the game play. By using the Site and/or, then again, by submitting your information, you acknowledge that you have reviewed, understand and agree to these Official Contest Rules. Participants agree to abide by the terms of these Official Contest Rules and by the decision of Built NY, whose decisions are final on all matters pertaining to this contest. Any other attempt at Internet or email registration is void. NO PURCHASE NECESSARY. Since this Contest consists of a game of skill requiring each entry's participation in an online video game, no written, faxed or phone entries can be or will be accepted.
3. PARTICIPATION PERIOD/ TERM: Participation in this Contest begins on August 21, 2006 at 12:00:00 a.m. Eastern Time (ET), and ends on October 1, 2006 at 11:59:59 p.m. All participation after this time will be ineligible for a prize.
4. CONTEST & VIDEO GAME RULES. This Contest consists of participation in a video game of skill called Electrica™ (the "Game"). The goal of the Contest is to maximize the number of points earned in a single Game session. The Game is played subject to the official Game Rules posted on the Site.
5. WINNERS: Winners shall be determined solely based on the video game playing skills of the contestant. The ten (10) participants (the "Winners") who earn the most points in a single Electrica™ gaming session by the end of the Promotional Period set forth above shall win the prizes specified herein. Limit one prize per person. No one player may win more than one prize. Only eligible participants may win prizes. If the Winner is not of the age of majority in Winner's state of residence, prizes may be awarded to Winner's parent or legal guardian at Built NY's sole discretion. Accepting and/or using prizes constitutes permission (except where prohibited by law) to use Winner's name, voice, hometown and/or likeness for promotional purposes without further compensation.
6. NOTIFICATION & OBTAINING WINNERS LIST: The top ten (10) point scoring participants will be notified by e-mail, phone and/or regular mail if possible (to the mailing address that was provided to Built NY within ten (10) business days after the end of the Promotional Period. Failure to provide accurate contact information will result in the forfeiture of the prize. A complete list of the Winners will be posted on the Site and is also available to you by sending a self-addressed stamped envelope with your request to Built NY at "Built NY Inc., 520 Broadway 2nd Floor, New York, NY 10012 Attention: ELECTRICA GAME MASTER" with the title "Request for Winner's List". If a selected Winner cannot be contacted, is ineligible, fails to claim a prize within fourteen (14) days of notification, or fails to comply with any term or condition of these Official Rules, prize may be forfeited and an alternate Winner selected. Built NY is not responsible for and shall not be liable for late, lost, misdirected, or unsuccessful efforts to notify Winners.
7. PRIZES: Built NY Inc. will provide the top-ten high scoring individuals a prize. Each prize shall consist of one (1) "Electrica" t-shirt and one (1) Built NY Electric Line product of the Winner's choosing. Approximate retail value of the t-shirt is $19.99. Approximate retail value of the Built NY Electric line product does not exceed $39.99. No alternative prize, cash equivalent, or other substitution is permitted except by Built NY in the event of prize unavailability. Prizes are nontransferable. No assignment, transfer, or substitution of prize is permitted. All federal, state and/or local taxes are the sole responsibility of the Winners.
8. BUILT NY PROMOTIONAL MATERIALS: By submitting your information following game play, you hereby acknowledge and agree to receive promotional materials from Built NY. You can elect not to receive such materials at the time you submit your entry and you may also opt out of receiving such promotional material at any time in the future by following the instructions contained any such materials or otherwise notifying Built NY by mail at "Built NY Inc., 520 Broadway 2nd Floor, New York, NY 10012 Attention: OPT OUT."
9. PUBLICITY. By accepting any prize, where permitted by law, Winners grant to Built NY and those acting with Built NY's permission, its parents, subsidiaries and related companies, the right to print, publish, broadcast and use, worldwide in any media now known or hereafter developed, including but not limited to the world wide web, at any time or times, the Winner's full name, portrait, picture, voice, likeness and biographical information as news or information and for advertising, trade and promotional purposes without additional consideration/compensation, and without notice, approval or review. By accepting a prize, Winners agree that any further grant of permission to use the Winner's name, portrait, picture, voice, likeness and biographical information, as stated above, may be secured by Built NY electronically, for example by email, and such email secured permission will have the same force and effect as if that permission had been secured in a written document which was physically executed by the Winner.
10. DISCLAIMER OF WARRANTIES. THIS SITE, THE ELECTRICA GAME AND THE INTERNET AS IT RELATES TO THIS SITE AND VIDEO GAME IS USED AT THE PARTICIPANT'S OWN RISK. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THIS SITE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTY OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WHILE BUILT NY WILL USE COMMERCIALLY REASONABLE EFFORTS TO MAKE ACCESS TO THE SITE AND THE ELECTRICA GAME AVAILABLE TO ALL PARTICIPANTS, IT MAKES NO WARRANTY OR GUARANTEE WHATSOEVER THAT THE SITE WILL BE DELIVERED UNINTERRUPTED OR ERROR-FREE OR THAT PARTICIPANTS WILL BE ABLE TO ACCESS THE SITE AT ANY PARTICULAR TIME OR AT ANY PARTICULAR LOCATION.
11. LIMITATION OF LIABILITY. ALL PARTICIPANTS SHALL HOLD BUILT NY (FOR PURPOSES OF THIS SECTION ONLY, "BUILT NY" SHALL INCLUDE BUILT NY AND ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, REPRESENTATIVES, AFFILIATES, SUBSIDIARIES, ADVERTISING, PROMOTION AND FULFILLMENT AGENCIES, AND LEGAL ADVISORS) ENTIRELY AND FOREVER HARMLESS AND RELEASE BUILT NY FROM ANY DAMAGES, CLAIMS AND/OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF PARTICIPATION IN THIS CONTEST OR PARTICIPANT'S ACCESS TO AND/OR USE OF THE SITE. BUILT NY IS NOT RESPONSIBLE FOR INJURY OR DAMAGE TO PARTICIPANT'S OR TO ANY OTHER PERSON'S COMPUTER RELATED TO OR RESULTING FROM PARTICIPATING IN THIS CONTEST OR DOWNLOADING MATERIALS FROM OR USE OF THE SITE. BUILT NY ASSUMES NO RESPONSIBILITY AND SHALL BE HELD HARMLESS FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO THE SITE. BUILT NY RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CANCEL, TERMINATE, MODIFY OR OTHERWISE SUSPEND OR DISCONTINUE THIS CONTEST (I.E. THE CONTEST IS NOT CAPABLE OF RUNNING AS PLANNED AS A RESULT OF AN INFECTION BY COMPUTER VIRUS, WORMS, BUGS, TAMPERING, UNAUTHORIZED INTERVENTION, FRAUD, TECHNICAL FAILURES, OR FOR ANY OTHER CAUSES WHICH BUILT NY, IN ITS SOLE OPINION, DEEMS COULD CORRUPT OR AFFECT THE ADMINISTRATION, SECURITY, FAIRNESS, INTEGRITY OR PROPER CONDUCT OF THIS CONTEST). IN THAT EVENT, BUILT NY WILL SELECT THE WINNERS FROM PARTICIPANT'S SCORES RECEIVED PRIOR TO THE ACTION TAKEN OR IN SUCH OTHER MANNER AS BUILT NY MAY DEEM FAIR AND APPROPRIATE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF WARRANTIES OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, BUILT NY'S LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE IMITATIONS OR EXCLUSIONS.
12. DISPUTES: 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 connected with this Promotion, shall be resolved individually, without resort to any form of class action, exclusively, before a court located in the City of New York having competent jurisdiction, which Court shall apply the laws of the State of New York without regard for doctrines of Conflict of Law. Further, in any such dispute, under no circumstances will participant be permitted to obtain awards for, and hereby waives all rights to claim punitive, incidental or consequential damages, or any other damages, including attorneys' fees, other than participant's actual out-of-pocket expenses (i.e., costs associated with entering this Promotion), and participant further waives all rights to have damages multiplied or increased. All applicable federal, state, provincial and local laws and regulations apply.