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I. PINKCHOICE.comTM Sweepstakes
Official Rules
No purchase necessary. Void in Delaware, Rhode Island and South Carolina. 1. HOW TO ENTER: 2. PRIZE: The following prize will be awarded to the winner of the Sweepstakes: A 2 night stay in a Kimpton Hotel of the winner’s choice, plus $1000 for a shopping spree. The two night Kimpton Hotels prize is based on availability, and restrictions and black-out periods apply. New York City hotels are limited and may not be available. 3. SUBMISSION DEADLINE; ANNOUNCEMENT AND SELECTION OF WINNERS: The Sweepstakes will close at midnight on October 31, 2008. At such time as the Sweepstakes closes, all Alternative Entries that have been post-marked on or before such date will also be included in the Sweepstakes. All persons who enter the Sweepstakes by submitting reviews, including persons who enter by an Alternative Entry, will be entered into a database held off-site by our website designers, SystemArchitecture.NET, Inc. SystemArchitecture.NET, Inc will use a program that will randomly select the winner from all the reviews submitted during the course of the Sweepstakes. Two officers of SystemArchitecture.NET, Inc will certify that the winner was determined by random selection. The prize winner will be announced within thirty (30) days of the Sweepstakes close. A winner who registered as a PinkChoice.com™ member and posted a review on line, will be notified by email and U.S. mail. A winner who entered the Sweepstakes through an Alternative Entry will be notified by mail. At the time that PinkChoice notifies a winner of its Prize, PinkChoice.com™ will mail the winner an affidavit of eligibility, and a publicity and liability release. The winner (and his or her travel companion) will be required to sign and return these documents within fourteen (14) days after they have been mailed by PinkChoice.com. If a potential winner does not respond to this notification and return the required documents within such time period, or if PinkChoice.com determines that the potential winner is ineligible, then the Prize will be awarded to an alternate winner. 4. WINNERS' NAMES AND PHOTOS: PinkChocie.com™ will establish a featured spot on its home page to display the name, hometown, and photo of the winner and his or her traveling companion. The winner and travel companion will be required to sign a publicity release. 5. GENERAL INFORMATION REGARDING THE PRIZE: The prize package includes only the items expressly stated in the description above. All other taxes, fees and costs associated with prize receipt and/or use are solely the responsibility of the winner. Actual value of the prize depends on the dates of travel. The prize is non-transferable and nonrefundable. No cash or other substitution permitted, except by PinkChoice.com. Winner and travel companion must stay together. If a winner's travel companion is a minor, the winner must be either the parent or legal guardian of the minor. Winner and his/her travel companion are responsible for obtaining all necessary travel documents, including passports. 6. RELEASE: By participating in the Sweepstakes, you agree to release and hold harmless Pink Choice LLC, SystemArchitecture.NET, Inc, and each such company's managers, members, officers, directors, employees and agents (collectively, the "Released Parties") from and against any claim or cause of action arising out of participation in the Sweepstakes or receipt or use of any prize. 7. LIMITATIONS OF LIABILITY: The Released Parties are not responsible for: (a) any inaccurate information, whether caused by participants or printing errors; (b) unauthorized human intervention in any part of the Sweepstakes; (c) technical failures of any kind; (d) technical or human error which may occur in the administration of the Sweepstakes or the processing of entries; (e) lost, delayed, misdirected or undeliverable mail or email; or (f) any injury or damage to persons or property including, but not limited to, death, which may be caused, directly or indirectly, in whole or in part, from participation in the Sweepstakes or receipt or use of any prize. 8. DISPUTES: Except where prohibited, and to the fullest extent permitted by law, you agree that: any claim or dispute arising out of or relating to the Sweepstakes shall be submitted to binding arbitration, and shall be settled under the then current commercial arbitration rules of the American Arbitration Association by a single arbitrator appointed in accordance with such rules. The arbitration shall take place at Boston, Massachusetts. The costs and expenses of arbitration shall be borne by the party against whom the decision of the arbitrator principally rests, as determined by the arbitrator, or in such proportion as the arbitrator may determine. The award of arbitration shall be limited to actual out-of-pocket expenses incurred in connection with entering the Sweepstakes and shall in no event include attorneys' fees. You waive the right to claim any damages whatsoever, including but not limited to punitive, consequential, direct or indirect damages. The arbitrator shall decide all issues and questions concerning these Official Rules and the Sweepstakes in accordance with the laws of the Commonwealth of Massachusetts, without giving effect to any choice of law or conflict of law rules which would cause the application of the laws of any other jurisdiction. The arbitrator's decision shall be final and binding upon the parties, and judgment upon the award may be entered in any court having jurisdiction, or application may be made to such court for a judicial acceptance of the award or an order of enforcement. 9. GENERAL: The Sweepstakes is subject to all applicable federal, state, and local laws and regulations. PinkChoice.com reserves the right, at its sole discretion, to modify, cancel, terminate or suspend the Sweepstakes should any virus, bug, technical failures, unauthorized human intervention or other causes beyond Pink Choice's reasonable control corrupt or affect the administration, security, fairness or proper conduct of the Sweepstakes. PinkChoice.com reserves the right, at its sole discretion, to disqualify any participant if his or her conduct affects the integrity of the Sweepstakes. Pink Choice's failure to enforce any provision of these Official Rules shall not constitute a waiver of that provision. If your entry is confirmed to have been lost, deleted or otherwise destroyed, your only recourse is another entry into the Sweepstakes. 10. SPONSOR: Pink Choice LLC, 8 Cottage Street, Provincetown, MA 02657, U.S.A. |