2006 UPPER DECK EXQUISITE COLLECTION BASEBALL GIVE-AWAY SWEEPSTAKES - OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR WIN, NOR WILL A PURCHASE IMPROVE THE CHANCES OF
WINNING.
- Eligibility: The 2006 Upper Deck Exquisite Collection
Baseball Give-Away Sweepstakes (the “Game”) is open only to legal residents
of the fifty (50) United States and Canada and you must be thirteen (13) years of
age or older as of July 27, 2006. Void in Puerto Rico, Quebec Province and where
prohibited or restricted by law. Employees of The Upper Deck Company, LLC, The Upper
Deck Company, a Nevada Corporation, its related companies, dealers, licensors, distributors,
agents, advertising agencies, promotional suppliers, service agencies, independent
contractors, as well as the immediate family and household members of each such
individuals are not eligible. By participating, each player agrees to be unconditionally
bound by these Official Rules and the decisions of Sponsor, which are final and
binding in all respects.
- To Play: There are two (2) ways to play the Game:
A. Buy the following packs of 2006 MLB trading card product: UD2, Fleer Tradition,
SP Legendary Cuts, Ovation, and SPX(while supplies last). Look for the instant win
card. If you get the instant win card you can either scratch off and enter the number
online at http://www.exquisitegiveaway.com or call customer service at 1-800-873-7332.
B. For a chance win without purchase (while supplies last) hand print your name,
e-mail, complete address with zip code (No PO Box), date of birth and day/evening
telephone numbers with area code on a 3x5 card and mail to: 2006 Exquisite Collection
Baseball Give-Away Sweepstakes, 5909 Sea Otter Place, Carlsbad, CA 92010.. Limit:
one (1) entry, per person, per household, per day regardless of method of entry.
No copies or mechanical reproductions accepted. More than one entry from any person,
address or household per day for The Game will void all entries from that person,
address or household. By participating, each player agrees to be unconditionally
bound by these Official Rules and the decisions of Sponsor, which are final and
binding in all respects.
- Prizes: Five (5) winners will win an Upper Deck “Experience.”
The Upper Deck “Experience” will include airfare, accommodations, and
food for three days and two nights for the winner and one guest. (ARV = $5,000 each);
Nine (9) winners will receive one (1) box from each of Upper Deck’s 2007 baseball
trading card products. (ARV=$1,000 each); Ninety-Five (95) winners will receive
a signed or unsigned Upper Deck Authenticated “Breaking Through” piece.
(ARV = $750 each); Ten (10) winners will receive a Custom Exquisite Box with a mix
of cards chosen by Upper Deck (ARV = $600 each); Total ARV of all prizes = $111,250.
Potential Prize winners will be required to fill out and submit an affidavit (or
in Canada, a Declaration of Compliance with Contest Rules), a Liability Release,
and where lawful, a Publicity Release, all within fourteen (14) days of notification,
without which the potential winner will be disqualified and an alternate winner
selected by random drawing from all remaining participants. If a potential winner
is under the age of maturity where the winner resides (“minor”), the
potential winner’s parent or guardian must sign the Affidavit of Eligibility
(or in Canada, the Declaration of Compliance with Contest Rules), Liability Release,
and where lawful, a Publicity Release. Travel rewards are time sensitive; potential
winners of rewards involving travel must be able to travel on short notice; winners
will receive no less than fifteen (15) days notice of date, time, and location.
Travel rewards includes round trip coach air transportation from the major airport
nearest the winner’s home, the stated accommodation (i.e. 2 days, 2 nights)
(standard room, double occupancy) and meals for winner and one (1) guest. If winner
is unable to travel on dates to coincide with reward, reward will be forfeited in
its entirety and awarded to an alternate winner provided sufficient time remains
to do so. If winner is a minor, winner must travel with his/her parent or legal
guardian (guest of minor, where applicable, must be parent or guardian). No special
requests will be granted. In the event a prize is cancelled or postponed for any
reason beyond the Sponsor’s control, Sponsor will offer the winners an alternate
Prize, comparable in price to original Prize, to be chosen in the Sponsor’s
sole discretion. All travel dates and arrangements are subject to change, availability,
and or Sponsor approval. Sponsor will not replace any lost or stolen tickets, travel
vouchers, certificates or reward items. If a Canadian resident is a potential winner,
he or she must answer, without assistance of any kind, whether mechanical or otherwise,
a mathematical skill-testing question; if the potential winner cannot be contacted
and the skill test administered within seven (7) business days after the first attempt
to contact such potential winner, the Prize will be forfeited and awarded to an
alternate winner. If any reward notification is returned as non-deliverable, the
potential winner will be disqualified and the prize will be awarded to an alternate
winner. SPONSOR WILL HAVE NO LIABILITY WHATSOEVER FOR, AND WILL BE HELD HARMLESS
AGAINST ANY LIABILITY FOR ANY INJURY, LOSS OR DAMAGES OF ANY KIND TO PERSONS, INCLUDING
DEATH, AND PROPERTY, DUE IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM THE ACCEPTANCE,
POSSESSION, USE OR MISUSE OF THE PRIZE OR PARTICIPATION IN THIS GAME OR PARTICIPATION
IN ANY GAME RELATED ACTIVITY. Subject to all federal, state, provincial
and local laws. Void where prohibited. All taxes and any other fees or charges associated
with receipt of a Prize and/or use are the sole responsibility of winner. No transfer
or substitution of Prize is permitted, except by Sponsor who reserves the right
to substitute a Prize with another of comparable or greater value. Limit: one
(1) Prize per person, family or household. All prizes unclaimed by
July 27, 2007 will not be awarded.
- Odds of Winning: The odds of winning a prize are 1::320.
- Timing: The Game begins on July 27, 2006 at 12:00:01
a.m. Pacific Standard Time (“PST”) and ends on July 26, 2007 at 11:59:59
p.m. PST.
- Prize Conditions: Each participant selected as a potential
winner must comply with all terms and conditions set forth in these Official Rules
and winning is contingent upon fulfilling all such requirements. If any prize or
prize notification is returned as non-deliverable, the potential winner will be
disqualified and the prize will be awarded to an alternate winner. Subject to all
federal, state, provincial and local laws. Void where prohibited. All taxes and
any other fees or charges associated with prize receipt and/or use are the sole
responsibility of winner. No transfer or substitution of prizes is permitted, except
by Sponsor who reserves the right to substitute a prize with another of comparable
or greater value.
- Publicity: By accepting the prize, the winner agrees
that Sponsor and those acting under its authority, may use winner’s name,
picture/portrait, likeness, voice, biographical information (including age, hometown
and state of residence) for advertising and promotional purposes without further
consideration or authorization, unless prohibited by law.
- General Conditions: All entries and prize claims become
the property of Sponsor, and none will be acknowledged or returned. Sponsor and
its agents are not responsible for lost, late, damaged, misdirected, incomplete,
illegible, stolen or postage due mail entries or redemption claims, all of which
will be disqualified. All claims are subject to verification by Sponsor. Trading
cards used in this game will be null and void and will be rejected if: (1) not obtained
in accordance with these Official Rules and through authorized channels; (2) any
part of the card is determined by Sponsor to be counterfeited, reproduced, forged,
altered, mutilated, or tampered with in any way; or (3) it contains printing, production,
typographical, mechanical, or other errors. All applicable federal, state and local
laws apply. All taxes on prizes and incidental expenses not mentioned herein are
the responsibility of the winners. In the event of a dispute, entries made by Internet
will be deemed made by the authorized account holder of the e-mail address submitted
at the time of entry. The “authorized account holder” is deemed the
natural person who is assigned to an e-mail address by an Internet access provider,
service provider or other online organization that is responsible for assigning
e-mail addresses for the domain associated with the submitted e-mail address. A
potential winner may be requested to provide Upper Deck with proof that the potential
winner is the authorized account holder of the e-mail address associated with the
winning entry. If for any reason the Game is not capable of running as planned,
including due to infection by computer virus, bugs, tampering, unauthorized intervention,
fraud, technical failure, human error or any other causes beyond the control of
the Upper Deck that corrupt or affect the administration, security, fairness, integrity,
or proper conduct of the Sweepstakes, Upper Deck reserves the right in its sole
discretion, to disqualify any individual who tampers with the entry process, and
to cancel, terminate, modify or suspend the Sweepstakes. Upper Deck assumes no responsibility
for any error, omission, interruption, deletion, defect, delay in operation or transmission,
communications line failure, theft or destruction or unauthorized access to, or
alteration of, entries. Upper Deck is not responsible for any problems or technical
malfunction of any telephone network or lines, computer online systems, servers,
or providers, computer equipment, software, failure of any e-mail or entry to be
received by Upper Deck on account of technical problems or traffic congestion on
the Internet or at any web site, any combination thereof, or otherwise, including
any injury or damage to entrant’s or any other person’s computer related
to or resulting from participation or downloading any materials in the Sweepstakes.
CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE
THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL
LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, UPPER DECK RESERVES THE RIGHT TO SEEK DAMAGES
FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
- Disputes: Each participant agrees that: (1) any and all
disputes, claims, and causes of action arising out of or in connection with this
Sweepstakes, or any prize awarded, shall be resolved individually, without resort
to any form of class action, and any judicial proceeding shall take place in a federal
or state court within the State of California; (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 shall such damages include
attorneys’ fees; and (3) under no circumstances will a participant be permitted
to obtain awards for, and each participant hereby waives all rights to punitive,
incidental, or consequential damages, or any other damages other than actual out-of-pocket
expenses. Participant shall not claim or receive any damages subject to being 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 participants and the Sponsor in connection with the Sweepstakes, shall be governed
by and construed in accordance with the laws of the State of California, without
giving effect to any choice of law or conflict of law rules or provisions (whether
of the State of California or any other jurisdiction) that would cause the application
of the laws of any jurisdiction other than the State of California.
- Winners List: For a list of winners, send a self-addressed,
stamped envelope to: Redemption Manager, 2006 Upper Deck Exquisite Collection Baseball
Give-Away Sweepstakes Winners, 5909 Sea Otter Place, Carlsbad, CA 92010 (VT residents
may omit return postage). Requests must be received by September 27, 2007.
- Sponsor: The Upper Deck Company, a Nevada Corporation,
985 Trade Drive, N. Las Vegas, Nevada 89030 © 2006 The Upper Deck Company.
All Rights Reserved.
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