FANtastic Sweepstakes Rules
OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. SWEEPSTAKES BEGINS AT 12:01 AM (ET) ON MARCH 6, 2009 AND ENDS AT 11:59 PM (ET) ON APRIL 15, 2009.
1. HOW TO ENTER:
There are seven (7) ways to enter the sweepstakes: 1) Complete official entry form available at www.orlandomagic.com and click on “submit” (an “Online Entry”); 2) Complete official entry form available at Orlando Magic street team events and community appearances and place in the sweepstakes entry box at the event (“Community Entry”). All pre-scheduled street team events and community appearances will be listed on www.orlandomagic.com; 3) Complete official entry form available at Embarq locations at 175 E. Altamonte Drive, Altamonte Springs, FL; 3030 E. Semoran Blvd. Apopka, FL; 260 Citrus Tower Blvd., Clermont, FL; 1359 E. Vine St., Kissimmee, FL; 3244 N. John Young Pkwy, Kissimmee, FL; 3101 S.W. 34 Ave., Ocala, FL; 684 U.S. Hwy 441 N., Lady Lake, FL, and place in sweepstakes entry box at Embarq location (“Embarq Entry”); 4) Listen to WCFB 94.5, WXXL 106.7, WHTQ 96.5, WPYO 95.3, and Rumba 100.3 (“Radio Stations”) for your chance to call-in to win a prize and be given the opportunity to enter the sweepstakes (“Radio Entry”); 5) Complete official entry form available at participating local Kia retailers located at 625 North Hwy 17-92, Longwood, FL; 9550 S. Orange Blossom Trail, Orlando, FL; 1970 Semoran Blvd., Winter Park, FL; and 3407 West Colonial Drive, Orlando, FL (“Kia Entry”); 6) Send a text message to 57375 with the keyword, KIA, in the body of the message (a “Text Entry”). All entrants must have a text messaging two-way capable handset and digital service in order to enter the sweepstakes by Text Entry. Entrants may be sent a text message to confirm entry into the sweepstakes. Entrants entering by Text Entry will be charged standard text messaging rates for text messages sent and received from their handset according to the terms and conditions in their wireless calling plan. Text messaging and wireless service are not available in all areas; 7) Print your name, address, telephone number, and age on a 3" X 5" piece of paper, and send completed entry to: 20 FANtastic Prizes, 8701 Maitland Summit Boulevard, Orlando, FL 32810 (a “Postcard Entry”). All entries must be received by 11:59 PM (ET) on April 5, 2009 to be eligible.
No mechanically reproduced entries or, illegible, incomplete, forged or altered entries will be accepted. Sponsor(s) are not responsible for late, lost, stolen, damaged, garbled, delayed, postage due, misaddressed, or misdirected entries or mail, technical, hardware or software malfunctions, telephone failures of any kind, lost or unavailable network connections, or failed, incorrect, inaccurate, incomplete, garbled or delayed electronic communications whether caused by the sender or by any of the equipment or programming associated with or utilized in this sweepstakes. Further, Sponsor(s) are not responsible for electronic communications which are undeliverable as a result of any form of active or passive filtering of any kind, or insufficient space in entrant's e-mail account to receive e-mail messages, or limitations on the number of text messages an entrant may send or receive. Each entry must be mailed or submitted separately. Limit of one entry per day per method of entry. All entries become the exclusive property of Sponsor(s) and will not be returned.
2. PRIZE(S) AND ODDS:
One (1) Grand Prize: 2010 Kia Soul, with an approximate retail value of $13,995.00 (includes freight, excludes tax, title and license). KMA will determine all features of automobile including but not limited to color of exterior and interior. Any additional features or upgrades will be allowed only if permitted by delivery dealer and paid for by winner. Winner must be a licensed driver and will be required to provide proof of insurance at time of delivery. Winners are solely responsible for taxes, title, license, registration, dealer preparation costs, auto insurance and all other fees and expenses associated with the receipt and use of prize. Winner must take delivery of prize from the automobile dealership designated by KMA. Prizes are non-transferable and no substitution will be made except as provided herein at KMA’s sole discretion. KMA reserves the right to substitute a prize for one of equal or greater value if the designated prize should become unavailable for any reason. Winners are solely responsible for all taxes and fees associated with prize receipt and/or use, including the reporting and payment of any federal, state and/or local taxes on a prize. Prize winner agrees that the Released Parties have not made nor are responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to the vehicle, including but not limited to its quality, mechanical condition or fitness for a particular purpose, except the vehicle does include KMA’s vehicle limited warranty as set forth in the vehicle’s Owner’s Guide. The Grand Prize Winner shall bear all risk of loss or damage to his or her Vehicle after it has been delivered to the specified delivery site, and if the Vehicle is not picked up within thirty (30) days after the date the Vehicle is delivered to the specified designated dealer, the Vehicle shall be automatically forfeited by the Grand Prize winner.
Eight (8) First Prizes (one of the items below):
• HP Pavilion Laptop with Intel® Core™2 Duo Processor T5800 - Onyx/Chrome with webcam, 250GB hard drive and 14.1" display, with an approximate retail value of $800.00
• 160GB Playstation 3 and accessory bundle (PS3 controller, Rocketfish 8' HDMI, PS3 BluRay remote) with an approximate retail value of $650.00
• NUVI 285W Garmin w/Swiss Gear caring case, wall charger and 2009 Map update data card and $300 Best Buy gift card with an approximate retail value of $875.00
• Canon Power Shot Digital Camera with rechargeable battery, 2GBSD flash memory card, leather case, photo printer, extra glossy paper, ink cartridge and $300 Best Buy gift card with an approximate retail value of $875.00
• 32GB iTouch with action jacket and carrying case, SPORE game, FM transmitter and 2 year protection plan with an approximate retail value of $800.00 • Sanyo 42" Class Full HD 1080p LCD HDTV w/ Digital Tuner, DP42848 with an approximate retail value of $950.00
• XBOX 360 60 GB Pro System, World Tour: Band Kit (Guitar Hero Kit), $200 Best Buy gift card, extra 360 wireless controller and 360 Live 12-month gold card, with an approximate retail value of $950.00
• Nintendo-Wii-ABC, Wii Music-Nintendo Wii, Karaoke Revolution Presents: American Idol Encore 2 with Microphone-Nintendo Wii, Wii Play with Wii Remote-Nintendo Wii, Nintendo-Nunchuk Controller for Nintendo Wii-RVLAFW, Nyko-Charge Station Charging Dock and Rechargeable Battery Pack Set for Nintendo Wii-87000, Activision-Guitar Hero III with Gibson Les Paul Guitar Controller for Nintendo Wii-95125, dreamGEAR-5-in-1 Fitness Bundle for Nintendo Wii Fit-DGWII-1081, dreamGEAR-Racing Wheel for Nintendo Wii-DGWII-1047, Winter Sports 2: The Next Challenge-Nintendo Wii, Need for Speed: Undercover-Nintendo Wii, with an approximate retail value of $850.00
Approximately 25,000 entry forms will be printed; however odds of winning are determined by the number of eligible entries received. All prize(s) will be awarded (assuming sufficient number of eligible entries). Limit one prize per family or household. Sponsor(s) retain the right to substitute prize(s) of equal or greater value when necessary.
3. ELIGIBILITY:
Sweepstakes open to individual legal residents of Florida, 21 years of age or older as of the beginning of the sweepstakes. Proof of driver’s license and auto insurance is required before delivery of the Grand Prize. Sweepstakes not open to employees and their immediate families (spouse, parents, siblings, and children) and members of the same household of the Sponsor(s), Radio Stations, Orlando Magic, Ltd., Amway Arena, RDV Sports, Inc., the National Basketball Association (“NBA”) and its Member Teams, NBA Properties, Inc. and each of their respective parent organizations, subsidiaries, affiliates, directors, officers, owners, advertising and promotion agencies, and agents.
4. SELECTION OF WINNER(S):
Nine (9) winners will be determined from among all eligible entries received by a random drawing to be conducted on or about April 6, 2009 by a representative of the Orlando Magic, Ltd., whose decisions are final on all matters relating to this sweepstakes. Winner(s) will be notified by email and/or phone. Each winner will be invited to attend the April 15, 2009 Orlando Magic game and will be provided two (2) complimentary tickets to the game. If any winner is unable to attend the game or elects not to attend the game, he or she can send a representative to participate on his or her behalf. Alternatively, the winner(s) can request that the Sponsor(s) designate a proxy to participate on his or her behalf. At the game, each winner, or his or her designee, will randomly draw a number, one through nine, which will dictate the order in which the winner(s) will select one of nine briefcases. Each briefcase will contain one of the prizes (or picture thereof) described in Section 2. Each winner will receive the prize in the briefcase he or she selected.
The prize(s) are not redeemable for cash and may not be transferred or substituted. All necessary transportation and/or accommodations are solely the responsibility of the Winners. Winners are responsible for any and all other expenses included, but not limited to, meals, beverages, transportation, parking and personal purchases. If by reason of a printing or other error, more prizes are claimed than the number set forth in these official rules, all persons making purportedly valid claims will be included in a random drawing to award the advertised number of prizes available in the prize category in question. No more than the advertised number of prizes will be awarded.
5. VERIFICATION OF WINNER(S) AND DELIVERY OF PRIZE(S):
Winner(s) may be required to sign an Affidavit of Eligibility and Liability Release and, where permitted, Publicity Release. Prize(s) may be awarded to alternate winner(s) selected randomly from other eligible entries if: the winner(s) do not respond to the notification email or phone call within twenty-four (24) hours; Affidavit/Release is not returned on or before April 10, 2009; winner(s) fail to meet the eligibility requirements set forth in Section 3; or winner(s) decline the prize(s).
6. DISPUTE RESOLUTION:
(a) Informal Dispute Resolution. Prior to filing any arbitration proceeding pursuant to paragraph 6(b) hereof, the party intending to file such a proceeding shall notify the other party in writing of the existence and the nature of the dispute. The parties each agree that within ten (10) business days of the other party's receipt of such notice, a representative of each party shall meet for a minimum of one (1) eight (8) hour day, or such shorter period of time if the dispute is more quickly resolved, in Orlando, Florida in order to attempt to amicably resolve the dispute. If such informal dispute resolution attempts prove to be unsuccessful, the notifying party may initiate the dispute resolution procedures available as set forth herein. Each party shall bear its own costs associated with the meeting and in no event shall either party be liable to the other for any costs or expenses incurred as a result of such meeting.
(b) Arbitration. Except as provided in paragraph 6(c) with respect to injunctive proceedings, and paragraph 6(a) with respect to informal dispute resolution, all controversies, disputes or claims arising between the parties arising out of or related to the sweepstakes shall be submitted promptly for arbitration to be conducted in Orlando, Florida, and administered by the American Arbitration Association. Such arbitration proceedings shall be resolved by a single arbitrator selected by mutual agreement of the parties. If the parties are unable to agree on the appointment of the arbitrator to resolve the dispute within thirty (30) days from the date when the request for arbitration initially has been communicated to the other party, such appointment shall be made by the American Arbitration Association. The arbitrator shall have the right to award or include in the award any relief deemed proper under the circumstances, including attorneys’ fees and costs incurred by the prevailing party. The award and decision of the arbitrators shall be conclusive and binding upon all parties hereto and judgment upon the award may be entered in any court of competent jurisdiction. The parties waive any right to contest the validity or enforceability of such award.
(c) Injunctive Relief. The parties acknowledge that violation of these Official Rules would cause irreparable harm that would not be adequately compensable by monetary damages. In addition to other relief, it is agreed that preliminary and permanent injunctive relief will be available to prevent any actual or threatened violation of such provisions.
7. GENERAL:
This sweepstakes is void where prohibited or restricted by law and is subject to all applicable federal, state and local laws and regulations. The sweepstakes shall in all respects be governed by, and construed in accordance with, the laws of the State of Florida, including all matters of construction, validity and performance, without giving effect to its conflict of laws provisions. Taxes and fees, if any, are the sole responsibility of winner(s). Winner may be required to sign an IRS form 1099 or the equivalent. By participating in this sweepstakes, each entrant accepts the conditions stated in these Official Rules, agrees to be bound by the decisions of the judges, and warrants that he or she is eligible to participate in the sweepstakes. Sponsor(s) reserve the right, in their sole discretion, to disqualify any entrant from this sweepstakes or any other promotion conducted now or in the future by Sponsor(s), Radio Stations, Orlando Magic, Ltd., Amway Arena, RDV Sports, Inc., the NBA and its Member Teams, NBA Properties, Inc. and each of their respective parent organizations, subsidiaries, affiliates, directors, officers, owners, advertising and promotion agencies, and agents if he or she tampers with the entry process or his or her fraud or misconduct affects the integrity of the sweepstakes. Sponsor(s) reserve the right to cancel, terminate or modify the sweepstakes should any virus, bug, tampering, technical failure, unauthorized human intervention or other cause beyond Sponsor(s)' control corrupt or affect the administration, security, fairness or proper conduct of the sweepstakes. Winner(s) agree to hold harmless and indemnify Sponsor(s), Radio Stations, Orlando Magic, Ltd., Amway Arena, RDV Sports, Inc., the NBA and its Member Teams, NBA Properties, Inc. and each of their respective parent organizations, subsidiaries, affiliates, directors, officers, owners, advertising and promotion agencies, agents and all others associated with the manufacture, distribution, development and execution of the Sweepstakes and its prizes (the “Released Parties”) from any and all liability, loss or damages, claims or causes of action including, but not limited to, personal injury, death or damage to or loss of property arising from or in connection with entrant’s participation in or winner(s)’ receipt, use and/or misuse of the prize(s) awarded in the sweepstakes. Winner(s) agree to the use of their name, likeness, biographical data, and/or voice in any and all advertising, promotions, and other publicity conducted by Sponsor(s), Radio Stations, Orlando Magic, Ltd., Amway Arena, RDV Sports, Inc., the NBA and its Member Teams, NBA Properties, Inc. and each of their respective parent organizations, subsidiaries, affiliates, directors, officers, owners, advertising and promotion agencies, and agents in any medium without additional authorization, compensation or remuneration to the extent permitted by law. Sponsor(s) are responsible only for delivery of prize(s), not for use, utility, quality or otherwise.
8. WINNER(S) LIST AND OFFICIAL RULES:
To obtain the list of winner(s) and a copy of these Official Rules, send a self-addressed, stamped envelope to: FANtastic Prizes, 8701 Maitland Summit Boulevard, Orlando, FL 32810. Requests must be received by April 30, 2009 for Winners List and by April 30, 2009 for Official Rules. Winner(s) list will be sent after selection of winner(s).
9. SPONSOR(S):
Embarq, 5454 W. 110th St., Overland Park, KS, 66211, Kia Motors America, Inc., 111 Peters Canyon Road, Irvine, CA 92606, and Orlando Magic, Ltd., 8701 Maitland Summit Blvd., Orlando, FL 32810.
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. SWEEPSTAKES BEGINS AT 12:01 AM (ET) ON MARCH 6, 2009 AND ENDS AT 11:59 PM (ET) ON APRIL 15, 2009.
1. HOW TO ENTER:
There are seven (7) ways to enter the sweepstakes: 1) Complete official entry form available at www.orlandomagic.com and click on “submit” (an “Online Entry”); 2) Complete official entry form available at Orlando Magic street team events and community appearances and place in the sweepstakes entry box at the event (“Community Entry”). All pre-scheduled street team events and community appearances will be listed on www.orlandomagic.com; 3) Complete official entry form available at Embarq locations at 175 E. Altamonte Drive, Altamonte Springs, FL; 3030 E. Semoran Blvd. Apopka, FL; 260 Citrus Tower Blvd., Clermont, FL; 1359 E. Vine St., Kissimmee, FL; 3244 N. John Young Pkwy, Kissimmee, FL; 3101 S.W. 34 Ave., Ocala, FL; 684 U.S. Hwy 441 N., Lady Lake, FL, and place in sweepstakes entry box at Embarq location (“Embarq Entry”); 4) Listen to WCFB 94.5, WXXL 106.7, WHTQ 96.5, WPYO 95.3, and Rumba 100.3 (“Radio Stations”) for your chance to call-in to win a prize and be given the opportunity to enter the sweepstakes (“Radio Entry”); 5) Complete official entry form available at participating local Kia retailers located at 625 North Hwy 17-92, Longwood, FL; 9550 S. Orange Blossom Trail, Orlando, FL; 1970 Semoran Blvd., Winter Park, FL; and 3407 West Colonial Drive, Orlando, FL (“Kia Entry”); 6) Send a text message to 57375 with the keyword, KIA, in the body of the message (a “Text Entry”). All entrants must have a text messaging two-way capable handset and digital service in order to enter the sweepstakes by Text Entry. Entrants may be sent a text message to confirm entry into the sweepstakes. Entrants entering by Text Entry will be charged standard text messaging rates for text messages sent and received from their handset according to the terms and conditions in their wireless calling plan. Text messaging and wireless service are not available in all areas; 7) Print your name, address, telephone number, and age on a 3" X 5" piece of paper, and send completed entry to: 20 FANtastic Prizes, 8701 Maitland Summit Boulevard, Orlando, FL 32810 (a “Postcard Entry”). All entries must be received by 11:59 PM (ET) on April 5, 2009 to be eligible.
No mechanically reproduced entries or, illegible, incomplete, forged or altered entries will be accepted. Sponsor(s) are not responsible for late, lost, stolen, damaged, garbled, delayed, postage due, misaddressed, or misdirected entries or mail, technical, hardware or software malfunctions, telephone failures of any kind, lost or unavailable network connections, or failed, incorrect, inaccurate, incomplete, garbled or delayed electronic communications whether caused by the sender or by any of the equipment or programming associated with or utilized in this sweepstakes. Further, Sponsor(s) are not responsible for electronic communications which are undeliverable as a result of any form of active or passive filtering of any kind, or insufficient space in entrant's e-mail account to receive e-mail messages, or limitations on the number of text messages an entrant may send or receive. Each entry must be mailed or submitted separately. Limit of one entry per day per method of entry. All entries become the exclusive property of Sponsor(s) and will not be returned.
2. PRIZE(S) AND ODDS:
One (1) Grand Prize: 2010 Kia Soul, with an approximate retail value of $13,995.00 (includes freight, excludes tax, title and license). KMA will determine all features of automobile including but not limited to color of exterior and interior. Any additional features or upgrades will be allowed only if permitted by delivery dealer and paid for by winner. Winner must be a licensed driver and will be required to provide proof of insurance at time of delivery. Winners are solely responsible for taxes, title, license, registration, dealer preparation costs, auto insurance and all other fees and expenses associated with the receipt and use of prize. Winner must take delivery of prize from the automobile dealership designated by KMA. Prizes are non-transferable and no substitution will be made except as provided herein at KMA’s sole discretion. KMA reserves the right to substitute a prize for one of equal or greater value if the designated prize should become unavailable for any reason. Winners are solely responsible for all taxes and fees associated with prize receipt and/or use, including the reporting and payment of any federal, state and/or local taxes on a prize. Prize winner agrees that the Released Parties have not made nor are responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to the vehicle, including but not limited to its quality, mechanical condition or fitness for a particular purpose, except the vehicle does include KMA’s vehicle limited warranty as set forth in the vehicle’s Owner’s Guide. The Grand Prize Winner shall bear all risk of loss or damage to his or her Vehicle after it has been delivered to the specified delivery site, and if the Vehicle is not picked up within thirty (30) days after the date the Vehicle is delivered to the specified designated dealer, the Vehicle shall be automatically forfeited by the Grand Prize winner.
Eight (8) First Prizes (one of the items below):
• HP Pavilion Laptop with Intel® Core™2 Duo Processor T5800 - Onyx/Chrome with webcam, 250GB hard drive and 14.1" display, with an approximate retail value of $800.00
• 160GB Playstation 3 and accessory bundle (PS3 controller, Rocketfish 8' HDMI, PS3 BluRay remote) with an approximate retail value of $650.00
• NUVI 285W Garmin w/Swiss Gear caring case, wall charger and 2009 Map update data card and $300 Best Buy gift card with an approximate retail value of $875.00
• Canon Power Shot Digital Camera with rechargeable battery, 2GBSD flash memory card, leather case, photo printer, extra glossy paper, ink cartridge and $300 Best Buy gift card with an approximate retail value of $875.00
• 32GB iTouch with action jacket and carrying case, SPORE game, FM transmitter and 2 year protection plan with an approximate retail value of $800.00 • Sanyo 42" Class Full HD 1080p LCD HDTV w/ Digital Tuner, DP42848 with an approximate retail value of $950.00
• XBOX 360 60 GB Pro System, World Tour: Band Kit (Guitar Hero Kit), $200 Best Buy gift card, extra 360 wireless controller and 360 Live 12-month gold card, with an approximate retail value of $950.00
• Nintendo-Wii-ABC, Wii Music-Nintendo Wii, Karaoke Revolution Presents: American Idol Encore 2 with Microphone-Nintendo Wii, Wii Play with Wii Remote-Nintendo Wii, Nintendo-Nunchuk Controller for Nintendo Wii-RVLAFW, Nyko-Charge Station Charging Dock and Rechargeable Battery Pack Set for Nintendo Wii-87000, Activision-Guitar Hero III with Gibson Les Paul Guitar Controller for Nintendo Wii-95125, dreamGEAR-5-in-1 Fitness Bundle for Nintendo Wii Fit-DGWII-1081, dreamGEAR-Racing Wheel for Nintendo Wii-DGWII-1047, Winter Sports 2: The Next Challenge-Nintendo Wii, Need for Speed: Undercover-Nintendo Wii, with an approximate retail value of $850.00
Approximately 25,000 entry forms will be printed; however odds of winning are determined by the number of eligible entries received. All prize(s) will be awarded (assuming sufficient number of eligible entries). Limit one prize per family or household. Sponsor(s) retain the right to substitute prize(s) of equal or greater value when necessary.
3. ELIGIBILITY:
Sweepstakes open to individual legal residents of Florida, 21 years of age or older as of the beginning of the sweepstakes. Proof of driver’s license and auto insurance is required before delivery of the Grand Prize. Sweepstakes not open to employees and their immediate families (spouse, parents, siblings, and children) and members of the same household of the Sponsor(s), Radio Stations, Orlando Magic, Ltd., Amway Arena, RDV Sports, Inc., the National Basketball Association (“NBA”) and its Member Teams, NBA Properties, Inc. and each of their respective parent organizations, subsidiaries, affiliates, directors, officers, owners, advertising and promotion agencies, and agents.
4. SELECTION OF WINNER(S):
Nine (9) winners will be determined from among all eligible entries received by a random drawing to be conducted on or about April 6, 2009 by a representative of the Orlando Magic, Ltd., whose decisions are final on all matters relating to this sweepstakes. Winner(s) will be notified by email and/or phone. Each winner will be invited to attend the April 15, 2009 Orlando Magic game and will be provided two (2) complimentary tickets to the game. If any winner is unable to attend the game or elects not to attend the game, he or she can send a representative to participate on his or her behalf. Alternatively, the winner(s) can request that the Sponsor(s) designate a proxy to participate on his or her behalf. At the game, each winner, or his or her designee, will randomly draw a number, one through nine, which will dictate the order in which the winner(s) will select one of nine briefcases. Each briefcase will contain one of the prizes (or picture thereof) described in Section 2. Each winner will receive the prize in the briefcase he or she selected.
The prize(s) are not redeemable for cash and may not be transferred or substituted. All necessary transportation and/or accommodations are solely the responsibility of the Winners. Winners are responsible for any and all other expenses included, but not limited to, meals, beverages, transportation, parking and personal purchases. If by reason of a printing or other error, more prizes are claimed than the number set forth in these official rules, all persons making purportedly valid claims will be included in a random drawing to award the advertised number of prizes available in the prize category in question. No more than the advertised number of prizes will be awarded.
5. VERIFICATION OF WINNER(S) AND DELIVERY OF PRIZE(S):
Winner(s) may be required to sign an Affidavit of Eligibility and Liability Release and, where permitted, Publicity Release. Prize(s) may be awarded to alternate winner(s) selected randomly from other eligible entries if: the winner(s) do not respond to the notification email or phone call within twenty-four (24) hours; Affidavit/Release is not returned on or before April 10, 2009; winner(s) fail to meet the eligibility requirements set forth in Section 3; or winner(s) decline the prize(s).
6. DISPUTE RESOLUTION:
(a) Informal Dispute Resolution. Prior to filing any arbitration proceeding pursuant to paragraph 6(b) hereof, the party intending to file such a proceeding shall notify the other party in writing of the existence and the nature of the dispute. The parties each agree that within ten (10) business days of the other party's receipt of such notice, a representative of each party shall meet for a minimum of one (1) eight (8) hour day, or such shorter period of time if the dispute is more quickly resolved, in Orlando, Florida in order to attempt to amicably resolve the dispute. If such informal dispute resolution attempts prove to be unsuccessful, the notifying party may initiate the dispute resolution procedures available as set forth herein. Each party shall bear its own costs associated with the meeting and in no event shall either party be liable to the other for any costs or expenses incurred as a result of such meeting.
(b) Arbitration. Except as provided in paragraph 6(c) with respect to injunctive proceedings, and paragraph 6(a) with respect to informal dispute resolution, all controversies, disputes or claims arising between the parties arising out of or related to the sweepstakes shall be submitted promptly for arbitration to be conducted in Orlando, Florida, and administered by the American Arbitration Association. Such arbitration proceedings shall be resolved by a single arbitrator selected by mutual agreement of the parties. If the parties are unable to agree on the appointment of the arbitrator to resolve the dispute within thirty (30) days from the date when the request for arbitration initially has been communicated to the other party, such appointment shall be made by the American Arbitration Association. The arbitrator shall have the right to award or include in the award any relief deemed proper under the circumstances, including attorneys’ fees and costs incurred by the prevailing party. The award and decision of the arbitrators shall be conclusive and binding upon all parties hereto and judgment upon the award may be entered in any court of competent jurisdiction. The parties waive any right to contest the validity or enforceability of such award.
(c) Injunctive Relief. The parties acknowledge that violation of these Official Rules would cause irreparable harm that would not be adequately compensable by monetary damages. In addition to other relief, it is agreed that preliminary and permanent injunctive relief will be available to prevent any actual or threatened violation of such provisions.
7. GENERAL:
This sweepstakes is void where prohibited or restricted by law and is subject to all applicable federal, state and local laws and regulations. The sweepstakes shall in all respects be governed by, and construed in accordance with, the laws of the State of Florida, including all matters of construction, validity and performance, without giving effect to its conflict of laws provisions. Taxes and fees, if any, are the sole responsibility of winner(s). Winner may be required to sign an IRS form 1099 or the equivalent. By participating in this sweepstakes, each entrant accepts the conditions stated in these Official Rules, agrees to be bound by the decisions of the judges, and warrants that he or she is eligible to participate in the sweepstakes. Sponsor(s) reserve the right, in their sole discretion, to disqualify any entrant from this sweepstakes or any other promotion conducted now or in the future by Sponsor(s), Radio Stations, Orlando Magic, Ltd., Amway Arena, RDV Sports, Inc., the NBA and its Member Teams, NBA Properties, Inc. and each of their respective parent organizations, subsidiaries, affiliates, directors, officers, owners, advertising and promotion agencies, and agents if he or she tampers with the entry process or his or her fraud or misconduct affects the integrity of the sweepstakes. Sponsor(s) reserve the right to cancel, terminate or modify the sweepstakes should any virus, bug, tampering, technical failure, unauthorized human intervention or other cause beyond Sponsor(s)' control corrupt or affect the administration, security, fairness or proper conduct of the sweepstakes. Winner(s) agree to hold harmless and indemnify Sponsor(s), Radio Stations, Orlando Magic, Ltd., Amway Arena, RDV Sports, Inc., the NBA and its Member Teams, NBA Properties, Inc. and each of their respective parent organizations, subsidiaries, affiliates, directors, officers, owners, advertising and promotion agencies, agents and all others associated with the manufacture, distribution, development and execution of the Sweepstakes and its prizes (the “Released Parties”) from any and all liability, loss or damages, claims or causes of action including, but not limited to, personal injury, death or damage to or loss of property arising from or in connection with entrant’s participation in or winner(s)’ receipt, use and/or misuse of the prize(s) awarded in the sweepstakes. Winner(s) agree to the use of their name, likeness, biographical data, and/or voice in any and all advertising, promotions, and other publicity conducted by Sponsor(s), Radio Stations, Orlando Magic, Ltd., Amway Arena, RDV Sports, Inc., the NBA and its Member Teams, NBA Properties, Inc. and each of their respective parent organizations, subsidiaries, affiliates, directors, officers, owners, advertising and promotion agencies, and agents in any medium without additional authorization, compensation or remuneration to the extent permitted by law. Sponsor(s) are responsible only for delivery of prize(s), not for use, utility, quality or otherwise.
8. WINNER(S) LIST AND OFFICIAL RULES:
To obtain the list of winner(s) and a copy of these Official Rules, send a self-addressed, stamped envelope to: FANtastic Prizes, 8701 Maitland Summit Boulevard, Orlando, FL 32810. Requests must be received by April 30, 2009 for Winners List and by April 30, 2009 for Official Rules. Winner(s) list will be sent after selection of winner(s).
9. SPONSOR(S):
Embarq, 5454 W. 110th St., Overland Park, KS, 66211, Kia Motors America, Inc., 111 Peters Canyon Road, Irvine, CA 92606, and Orlando Magic, Ltd., 8701 Maitland Summit Blvd., Orlando, FL 32810.
