DELTATHREE, INC. iConnectHere iPOD Sweepstakes
OFFICIAL RULES, TERMS & CONDITIONS
NO PURCHASE NECESSARY TO ENTER OR WIN.
1. Timing: The Sweepstakes begins December 21st, 2007 at 12:01:00 a.m. Eastern Time ("ET") and ends January 31, at 11:59:59 p.m. EST (the "Promotion Period"). Various creative presentations such as web pages and advertising banners may be added throughout the Promotion Period.
2. Eligibility: The Sweepstakes is open to persons 18 years of age or older at the time of entry. Sweepstakes can only be entered by signing up via the deltathree, Inc. (“deltathree”) website (www.iconnecthere.com). Employees, officers and directors of deltathree, respective related companies and agents, as well as the immediate family and household members (defined as parents, spouse, children, siblings and grandparents) of each such employee, officer and director are NOT eligible. By participating, entrant agrees to abide by these Official Rules, Terms and Conditions and the decisions of deltathree, which shall be final and binding in all respects.
3. How to Enter: For persons who enter through deltathree, there is one way to enter the Sweepstakes. You must complete the deltathree Sweepstakes Web Form between the first and the end of the month to be eligible for that month’s draw. The complete regulations of the sweepstakes can be read in full in the offices of deltathree, Inc. at 75 Broad St, 31st Floor, New York, N.Y. 10004, U.S.A.
4. Selection of Potential Winner: On or about fourteen (14) days after the end of the Promotion Period, deltathree will randomly select one (1) potential winner from among all eligible entries received. The potential winner selected must comply with all terms and conditions of these Official Rules, Terms and Conditions, and winning is contingent upon fulfilling all requirements. The potential winner will be notified by e-mail within thirty (30) days of the drawing. Except where prohibited, the potential winner must sign and return to deltathree, within ten (10) days of being notified, an affidavit of eligibility and liability/publicity release in order to claim his/her prize. If the potential winner cannot be contacted within fourteen (14) days of the first attempt to contact him/her or if he/she fails to sign and return the affidavit of eligibility and liability/publicity release within the required time period, one (1) alternate entrant will be selected in his/her place at random, The alternate winner must comply with all of the terms set forth above in order to receive the prize; if he/she does not comply, a third random winner will be selected from the eligible entries received, and so forth, until one (1) eligible winner is selected.
5. Prize: The Grand Prize for a winner will be an iPOD to be chosen at deltathree’s discretion. No substitution, assignment or transfer of prize will be permitted, except at the discretion of deltathree, which reserves the right to substitute a prize with another prize of greater or equal value. Winner is solely responsible for any and all applicable fees and taxes associated with prize receipt and use. The prize will be delivered to the winner within 30 days of the date that he/she was selected.
6. Publicity: Except where prohibited, participation in the Sweepstakes constitutes winner's consent to deltathree’s use of the winner's name, likeness, voice, opinions, hometown and state for promotional purposes in any media without further payment or consideration.
7. Supervision: the sweepstakes in supervised by a licensed CPA in the United States (the “supervisor").
8. General Conditions: deltathree reserves the right to modify or cancel the Sweepstakes if fraud, technical failures or any other factor beyond deltathree’s reasonable control impairs the integrity of the Sweepstakes, as determined by deltathree under the authorization of the supervisor. In such event, deltathree reserves the right to award the prize at random from among the eligible entries received up to the time of the impairment. deltathree reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Sweepstakes or to be acting in violation of these Official Rules, Terms and Conditions or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately damage the iConnectHere.com website or any Promoter's Web site or undermine the legitimate operation of this Sweepstakes may be a violation of criminal and civil laws and, should such an attempt be made, deltathree and the Promoters reserve the right to seek damages from any such person to the fullest extent permitted by law. Deltathree’s failure to enforce any term of these Official Rules, Terms and Conditions shall not constitute a waiver of that provision.
9. Release: By receipt of any Sweepstakes prize, winner agrees to release and hold harmless deltathree, the Promoters and their respective related companies, and each of their respective officers, directors, employees and agents from and against any claim or cause of action arising out of participation in the Sweepstakes or receipt or use of any prize.
10. Limitations of Liability: deltathree. is not responsible for: (1) incorrect or inaccurate transcription of entry information or late, lost, stolen, illegible, incomplete, misdirected, or postage due entries, or entries received through impermissible or illegitimate channels, all of which will be disqualified; (2) technical failures of any kind, including but not limited to the malfunctioning of any telephone, computer, network, hardware or software; (3) the unavailability or inaccessibility of any service; (4) unauthorized human intervention in any part of the entry process or the Sweepstakes; (5) electronic or human error which may occur in the administration of the Sweepstakes or the processing of entries; or (6) any injury or damage to persons or property, including but not limited to entrant's computer, which may be caused, directly or indirectly, in whole or in part, from entrant's participation in the Sweepstakes or from downloading any material from deltathree’s or the Promoters' website(s), regardless of whether the material was prepared by deltathree, Promoter, or a third party, and regardless of whether the material is connected to deltathree's or the Promoters’ website by a hypertext link.
11. Disputes: Entrant agrees that: (1) any and all disputes, claims, and causes of action arising out of or connected with this Sweepstakes or any prizes awarded shall be resolved individually, without resort to any form of class action; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes 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. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All conflicts and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, Terms and Conditions or the rights and obligations of the entrant, deltathree and Promoter in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of New York, without giving effect to any choice of law or conflict of law rules thereof, and all entrants hereby consent to the exclusive jurisdiction of the federal and state courts located in New York City, New York for resolving such conflicts and questions. All state and local laws and regulations apply.
12. Newsletter: Entrants agree that by entering the sweepstakes they agree to receive the deltathree monthly newsletter by email. Entrants may unsubscribe from the newsletter at any time using the link at the bottom of the email without any obligation.
13. Multiple Entries Each person is eligible for one entry to the sweepstakes. deltathree will take all necessary precautions to prevent persons attempting multiple entry. These precautions include the logging of IP address and entrants email and cookie tracking. Persons found to be attempting multiple entries will be disqualified.