Sezmi Rules

Sezmi October COED Magazine Contest
OFFICIAL RULES
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR
WIN IN THE PROMOTION. MAKING A PURCHASE SUBMITTING A VIDEO,
OR SUBSCRIBING TO A SERVICE WILL NOT INCREASE YOUR CHANCES
OF WINNING. VOID WHERE PROHIBITED.
1. Eligibility: The Sezmi October Sweepstakes (“Promotion”) is open only
to current legal residents of the direct market areas of Albuquerque – Santa
Fe, NM; Atlanta; Boston; Charlotte; Cleveland; Columbus, OH; Dallas – Ft.
Worth; Detroit; Grand Rapids; Greensboro – High Point, NC – Greensville –
Spartanburg, SC, Asheville, NC – Anderson, SC; Hartford/New Haven, CT;
Houston; Jacksonville; Kansas City, MO.; Los Angeles; Memphis; Miami – Ft.
Lauderdale, FL; Milwaukee; Nashville; Norfolk – Portsmouth – Newport News,
VA; Oklahoma City; Orlando – Daytona Beach – Melbourne, FL; Philadelphia;
Phoenix; Portland, OR; Raleigh – Durham – Fayetteville, NC; Salt Lake City;
San Antonio; San Diego; San Francisco – Oakland – San Jose, CA; Seattle –
Tacoma; St. Louis; Washington, DC and West Palm Beach – Ft. Pierce, FL.
who are eighteen (18) years of age or older and at least the age of majority in
your jurisdiction of residence at the time of entry. Employees of Sezmi, Corp.
(“Sezmi”) and its affiliate companies, suppliers as well as the immediate family
(spouse, parents, siblings and children) and household members of each such
employee are not eligible. Subject to all applicable federal, state and local
laws and regulations. Participation constitutes entrant’s full and unconditional
agreement to these Official Rules and Sponsor’s decisions, which are final and
binding in all matters related to the Promotion. Winning a prize is contingent
upon fulfilling all requirements set forth herein. The Promotion consists of a
sweepstakes as described herein.
2. The Promotion: The Promotion consists of one (1) Grand Prize Sweepstakes (“Grand Prize Sweepstakes”). The Promotion begins on October 15, 2010 at
12:00 a.m. Pacific Daylight Time (“PDT”) and ends on October 29, 2010 at 11:59 p.m. PDT (the “Promotion Period”). Sponsor’s computer is the official time
keeping device for this Promotion.
Start Date
10/15/10
End Date
10/29/10
as of PDT
A.M., 12:00:01 (as of PDT
P.M., 11:59:59 Random Date
Drawing
that day)
Approximate Notification Date
11/5/10
Grand Prize
Sweepstakes
3. How To Enter: During the Promotion Period, you may enter the Promotion one
of the following ways: (1) send a postage paid letter to “Sezmi October COED
Sweepstakes” at 6701 Center Drive West, Suite 640, Los Angeles CA 90045
that includes your email address or (2) Follow http://twitter.com/sezmi and http:/
/twitter.com/COEDMagazine then click on http://clicktotweet.com/3ejB9 to share
the message.
You will receive ONE entry in the Promotion (an “entry”), when you submit a
Tweet to @Sezmi during the Promotion Period and have followed @sezmi and
@coedmagazine, in accordance with the methods described above and you may
enter multiple times.
Multiple entrants are not permitted to share the same email address. Any
attempt by an entrant to obtain more than the stated number of entries by
using multiple/different email addresses, identities, registrations and logins,
or any other methods will void that entrant’s entries and that entrant may be
disqualified. Use of any automated system to participate is prohibited and will
result in disqualification. Sponsor is not responsible for lost, late, incomplete,
invalid, unintelligible or misdirected entries, which will be disqualified. In the
event of a dispute as to any entry or identified action, the authorized account
holder of the email address used to register will be deemed to be the registrant.
The “authorized account holder” is the natural person assigned an email address
by an Internet access provider, online service provider or other organization
responsible for assigning email addresses for the domain associated with the
submitted address. Potential winners may be required to show proof of being the
authorized account holder.
4. Promotion Prizes: Grand Prize – 1 – Sezmi TV Entertainment System,
(Approximate Retail Value: $149.99). The total value of all prizes available
to be won (including each Grand Prize): $149.99. Note that if you live in our
service area but according to our web-based qualification tool, you cannot
receive service, we will substitute a $150.00 Best Buy gift card for the Sezmi TV
Entertainment system. Note that the system does not include service which is a minimum of $4.99/month.
5. Odds of Winning: Odds of winning a Promotion Prize depend on the number of
eligible entries received during the Promotion Period. On or about the Random
Drawing Dates listed in the table above, Sponsor or its designee will randomly
select the one (1) potential winner of the Grand Prize. Sweepstakes will be
selected in a random drawing to be conducted by Sponsor or its designee on or
about the date indicated from the pool of all eligible entries received during the
Promotion Period. Each winner
6. Verification of Potential Winners: Potential winners must continue to comply
with all terms and conditions of these Official Rules, and winning is contingent
upon fulfilling all requirements. Promotion winners will be notified by email or
Twitter direct message. Winners must respond with the shipping and other
information requested within ten (10) days of the date notice is sent. If a potential
winner of any prize cannot be contacted, or fails to sign and return the Affidavit
of Eligibility, Liability and Publicity Release within the required time period (if
applicable), potential winner forfeits prize. In the event that a potential winner of
any prize is disqualified for any reason, Sponsor will award the applicable prize to
an alternate winner by random drawing from among all remaining eligible entries.
It is anticipated that all prizes will be fulfilled within 3 weeks of the close of the
Promotion Period.
ALL POTENTIAL WINNERS ARE SUBJECT TO VERIFICATION BY SPONSOR
OR ITS DESIGNEE, WHOSE DECISIONS ARE FINAL AND BINDING IN ALL
MATTERS RELATED TO THE PROMOTION. AN ENTRANT IS NOT A WINNER
OF ANY PRIZE UNLESS AND UNTIL ENTRANT’S ELIGIBILITY, AND THE
POTENTIAL PROMOTION WINNER HAVE BEEN VERIFIED AND ENTRANT
HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE.
8. Release: By receipt of any prize, winners agree to release and hold harmless
Sezmi and its respective subsidiaries, affiliates, suppliers, distributors,
advertising/promotion agencies and each of their respective parent companies
and each such company’s officers, directors, employees and agents (collectively,
the “Released Parties”) from and against any claim or cause of action, including,
but not limited to, personal injury, death, or damage to or loss of property, arising
out of participation in the Promotion or receipt or use or misuse of any prize.
9. Publicity: Except where prohibited, participation in the Promotion constitutes
winner’s consent to Sezmi’s and its agents’ use of winner’s name, likeness,
photograph, voice, opinions and/or hometown and state for promotional
purposes in any media, worldwide, without further payment or consideration.
10. General Conditions: The actual retail value (“ARV”) of prizes is subject
to price fluctuations in the consumer marketplace based on, among other
things, any gap in time between the date the ARV is estimated for purposes of
these Official Rules and the date the prize is awarded or redeemed. No cash
equivalent and all prizes are non-transferable and no substitution will be made
except as provided herein at the Sponsor’s sole discretion. Sponsor reserves
the right to substitute any listed prize for one of equal or greater value if the
designated prize should become unavailable for any reason. Each winner is
responsible for all taxes and fees associated with prize receipt and/or use.
Sponsor’s and its designee’s decisions as to the administration and operation of
the Promotion and the selection of potential winners are final and binding in all
matters related to the Promotion.
Sponsor reserves the right to cancel, suspend and/or modify the Promotion, or
any part of it, if any fraud, technical failures or any other factor beyond Sponsor’s
reasonable control impairs the integrity or proper functioning of the Promotion, as
determined by Sponsor in its sole discretion. In such event, Sponsor reserves the
right to award the prizes at random from among the eligible entries received up
to the time of the impairment. Sponsor 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 Promotion or to be acting in violation of these Official Rules
or any other promotion or in an unsportsmanlike or disruptive manner. Any
attempt by any person to deliberately undermine the legitimate operation of
the Promotion may be a violation of criminal and civil law, and, should such an
attempt be made, Sponsor reserves the right to seek damages from any such
person to the fullest extent permitted by law. Sponsor’s failure to enforce any
term of these Official Rules shall not constitute a waiver of that provision.
11. Limitations of Liability: The Released Parties are not responsible for: (1)
any incorrect or inaccurate information, whether caused by entrants, printing
errors or by any of the equipment or programming associated with or utilized
in the Promotion; (2) technical failures of any kind, including, but not limited
to malfunctions, interruptions, or disconnections in phone lines or network
hardware or software; (3) unauthorized human intervention in any part of the
entry process or the Promotion; (4) technical or human error which may occur in
the administration of the Promotion or the processing of entries; or (5) any injury
or damage to persons or property which may be caused, directly or indirectly, in
whole or in part, from entrant’s participation in the Promotion or receipt or use
or misuse of any prize. If for any reason an entrant’s entry is confirmed to have
been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s
sole remedy is another entry in the Promotion, provided that if it is not possible
to award another entry due to discontinuance of the Promotion, or any part of it,
for any reason, Sponsor, at its discretion, may elect to hold a random drawing
from among all eligible entries received up to the date of discontinuance for any
or all of the prizes offered herein. No more than the stated number of prizes will
be awarded. In the event that production, technical, seeding, programming or any
other reasons cause more than the stated number of prizes as set forth in these
Official Rules to be available and/or claimed, Sponsor reserves the right to award
only the stated number of prizes by a random drawing among all legitimate,
unawarded, eligible prize claims.
12. Disputes: EXCEPT WHERE PROHIBITED, ENTRANT AGREES THAT: (1)
ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT
OF OR CONNECTED WITH THIS PROMOTION OR ANY PRIZE AWARDED
SHALL BE RESOLVED EXCLUSIVELY BY THE APPROPRIATE STATE
OR FEDERAL COURT IN 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 PROMOTION, 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, INDIRECT, 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. ALL ISSUES AND QUESTIONS
CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION
AND ENFORCEABILITY OF THESE OFFICIAL RULES, OR THE RIGHTS
AND OBLIGATIONS OF THE ENTRANT AND SPONSOR IN CONNECTION
WITH THE PROMOTION, 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.
13. Privacy: Personally identifiable information collected from entrants is subject
to Sezmi’s Privacy Policy http://www.sezmi.com/. Please refer to the Sezmi
privacy policy for information on how your information will be managed. [Entrants
will be given the opportunity to opt-in to receive communications from Sezmi. If
you opt-in to receiving communications from Sezmi, use of personal information
by Sezmi will be subject to Sezmi’ Privacy Policy.
14. Winners List: Winners List requests will only be accepted after the end of
the Promotion Period and no later than October 31, 2010. For the Winners List,
send an email with subject line: “Sezmi October COED Magazine Giveaway,
Winners List Request,” to [email protected] or a written request to the mailing
address below.
Sponsor: Sezmi, Corp., 1301 Shoreway Road., Suite 340. Belmont, CA 94002

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