at what point after the Halloween Party that the winner's home will be restored to its pre-makeover condition.
The Sponsor shall be responsible for implementing the home makeover and for restoring the home to its pre-makeover condition, and the Grand Prize winner agrees to release and hold harmless the Sponsor from any and all liability, costs, expenses, or damages arising therefrom. The Sponsor shall have the sole right to determine what conditions, if any, must be met by the Grand Prize winner in order to make the Grand Prize winner's home suitable for the makeover and party (all of which conditions shall be reasonable and non-disruptive), and the Grand Prize winner shall be required to meet all such conditions. If, due to safety reasons, the Sponsor, in its sole discretion, deems the Grand Prize winner's home not suitable for the makeover and party, then another venue will be appointed by the Sponsor therefor.
Twenty (20) First Prizes: One (1) Todd McFarlane Tortured Souls 2 Figure (ARV: 10.99 each). Total ARV of all prizes: $10,185.80. Prizes are nontransferable and must be accepted as awarded. No cash or other substitution may be made, except by the Sponsor, which reserves the right to substitute a prize with another prize of greater or equal value in the event that a prize is unavailable. Winners are solely responsible for any and all applicable fees and taxes associated with prize receipt and use. Odds of winning depend on the total number of entries received.
RANDOM DRAWINGS
A random drawing will be conducted on October 23, 2002, from all eligible entries received. Random drawing conducted by an independent judging organization. All decisions made by the judging organization and Sponsor as related to this Sweepstakes shall be final and binding. Winners will be notified by mail, telephone or e-mail, as the Sponsor may determine. The Grand Prize winner will be required to complete and return an Affidavit of Eligibility and Liability ("Affidavit") and a Publicity Release ("Release") within seven days of delivery. If the Affidavit and Release are not returned within such time period, the prize will be forfeited and an alternate winner will be selected at random from among all eligible entries received. Prepaid overnight mail service and fax number will be supplied to the Grand Prize winner. If any prize notification letter is returned as undeliverable, the corresponding prize will be forfeited and awarded to an alternate winner. The Grand Prize will be awarded to the verified winner within approximately thirty (30) days after the return of a properly executed Affidavit and Release. Acceptance of prize constitutes permission (except where prohibited by law) to use each winner's name, hometown, and likeness for promotional purposes in any and all media (including online posting) without additional compensation. Limit: one prize per e-mail address. All taxes on the prizes are the respective winners' sole responsibility.
ELIGIBILITY
Sweepstakes open only to legal residents of the Continental United States, age 21 or older. Employees of the Sponsor, its parent company, McFarlane Toys, any of their respective affiliates, subsidiaries, advertising and promotion agencies, and any members of their immediate family and household, are not eligible to enter.
CONDITIONS OF ENTRY
The Sponsor reserves the right to disqualify entrants who violate the rules or interfere with this Sweepstakes in any manner. If disqualified, the Sponsor reserves the right to terminate entrant's eligibility to participate in this Sweepstakes. This Sweepstakes is subject to all federal, state, and local laws. Void where prohibited by law.
Entrants agree to release and hold harmless the Sponsor, Clive Barker, McFarlane Toys, and any of their parent companies, subsidiaries, affiliates, and agencies, including advertising and promotion agencies, and all of their respective employees, officers, directors, shareholders, and legal counsel (collectively, "Releasees"), from any and all liability, claims, actions, injury, loss or damage of any kind resulting from their participation in this Sweepstakes or from their acceptance, use or misuse of any prize awarded thereunder, including, without limitation, the Sponsor's makeover of the Grand Prize winner's home. The Sponsor reserves the right to verify eligibility qualifications of the winners. U.S. law governs this Sweepstakes. The value of each prize represents the Sponsor's good faith determination of the maximum retail value thereof. For Form 1099 reporting purposes, each winner shall be bound by such good faith determination.
By entering, entrants agree to comply with these official rules, including all eligibility requirements. Winning a prize is contingent upon fulfilling all requirements set forth herein.
GENERAL CONDITIONS
Use of any automated entry software is prohibited. Online entries made with multiple e-mail addresses, under multiple identities or through the use of any other device or artifice to enter multiple times will be deemed invalid. Mechanically reproduced, illegible, incomplete or inaccurate entries are void. In case of a dispute, online entry will be deemed to have been submitted by the authorized account holder of the e-mail address from which the entry is made. The authorized account holder is deemed as the natural person who is assigned to an e-mail address by an Internet access provider, service provider or other organization that is responsible for assigning e-mail addresses or the domain associated with the submitted e-mail address. Neither Releasees, nor any telephone network or service provider, are responsible for incorrect or inaccurate transcription of entry information, or for any human or printing error, technical malfunctions, lost/delayed data transmission, omissions, interruptions, deletions, defects, or line failures of any telephone network, computer equipment, or software, inability to access any online service or web site, inability to submit the online entry form or any other error or malfunction, or any injury or damage to participant's or any other person's computer related to or resulting from participation or downloading any materials in this Sweepstakes, or for late, lost, stolen, or misdirected entries. Entry materials that have been tampered with or altered are void. No copies, facsimiles or reproductions of entries will be accepted. If for any reason this Sweepstakes is not capable of running as planned, or if this Sweepstakes or any web site associated therewith (or any portion thereof) becomes corrupted or does not allow the proper playing of this Sweepstakes and processing of entries per these rules, or if infection by computer virus, bugs, tampering, unauthorized intervention, actions by entrants, fraud, technical failures, or any other causes, in the Sponsor's sole opinion, corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Sweepstakes, The Sponsor reserves the right, at its sole discretion, to disqualify any individual implicated in such action, and/or to cancel, terminate, modify or suspend this sweepstakes or any portion thereof. In the event this Sweepstakes is cancelled, The Sponsor reserves the right to conduct a random drawing to award all remaining prizes from among all eligible, non-suspect, entries received for the applicable drawing prior to the time of the action or event warranting such cancellation. Caution: Any attempt by an entrant or any other individual to deliberately damage any online service or web site or undermine the legitimate operation of this Sweepstakes is a violation of criminal and civil laws and should such an attempt be made, the Sponsor reserves the right to seek damages and/or other remedies from any such person to the fullest extent permitted by law. The Sponsor's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
WINNER'S LIST
For a list of winners (available after November 30, 2002) send a self-addressed, stamped envelope to:
"THIS OLD HAUNTED HOUSE SWEEPSTAKES"
Official Rules and/or Winners List (PLEASE SPECIFY)
c/o USA Cable
1230 Avenue of the Americas
New York, NY 10020
Attn: SCI FI Marketing
