Instant win voting, or judged.
A NOTEBOOK FROM DELL, EDUCATION FOR YOU
OFFICIAL RULES
NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
1. Eligibility: A Notebook From Dell - Education for You (the "Promotion") is open only to legal residents of the fifty (50) United States (including District of Columbia) who are at least thirteen (13) years old at the time of entry. Employees of Dell Inc., ePrize, LLC, and their parent and affiliate companies, and individuals providing services to Dell through an outsourcer or temporary employment agency, and suppliers as well as the immediate family (spouse, parents, siblings and children) and household members of each such employee are not eligible. The Promotion is subject to all applicable federal, state and local laws and regulations. Void where prohibited. Participation constitutes entrant's full and unconditional agreement to these Official Rules and Sponsor and judge'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 (the "Sweepstakes") and an instant win game (the "Instant Win Game").
2. Sponsor: Dell Catalog Sales USA, L.P., One Dell Way, Round Rock, TX 78682. Administrator: ePrize, LLC, One ePrize Drive, Pleasant Ridge, MI 48069.
3. Timing: The Promotion begins on July 27, 2006 at 12:00 a.m. Eastern Time ("ET") and ends on August 31, 2006 at 11:59 p.m. ET (the "Promotion Period"). The Promotion Period consists of a Sweepstakes Submission Period (the "Sweepstakes Submission Period"), a
Sweepstakes Judging Period (the "Sweepstakes Judging Period"),
a Sweepstakes Voting Period (the "Sweepstakes Voting Period"), and the Instant Win Game as set forth in the chart below. Administrator's computer is the official time keeping device for this Promotion.
Period Type Start Date/Time End Date/Time
Sweepstakes Submission Period July 27, 2006 at 12:00 a.m. ET August 20, 2006 at 11:59 p.m. ET
Sweepstakes Judging Period August 21, 2006 at 12:00 a.m. ET August 23, 2006 at 11:59 p.m. ET
Sweepstakes Voting Period August 24, 2006 at 12:00 a.m. ET August 31, 2006 at 11:59 p.m. ET
Instant Win Game July 27, 2006 at 12:00 a.m. ET August 31, 2006 at 11:59 p.m. ET
4. How to Enter: The entry methods for the Sweepstakes and the Instant Win Game are separate. Instant Win Game: During the Promotion Period, visit:
http://www.dell.com/backtoschool fill out the online entry form completely, and submit the form. You will automatically advance to the Instant Win Game page and receive one (1) Instant Win Game play for that day. Once on the Instant Win Game page, follow the links and instructions to select the notebook and notebook Skin from the choices displayed that you would like to win if in fact you are a winner. Entrants will be notified immediately if they are potential winners of the Instant Win Game and will be provided directions for validation. Administrator is responsible for the functionality of the Instant Win Game. Sweepstakes: During the Sweepstakes Submission Period, visit:
http://www.dell.com/backtoschool, follow the links and instructions to create and submit your own notebook Skin. Entries must not be inappropriate, indecent or obscene, as determined by Sponsor in its sole discretion. Proof of submission or sending is not proof of receipt by Sponsor. All submissions become the exclusive property of Sponsor, and none will be acknowledged or returned. Sponsor shall have the right to edit, adapt, and publish any or all of designs submitted, and may use them in any media without attribution or compensation to the contestant, his or her successors or assigns, or any other entity. SUBMISSION OF AN ENTRY IN THIS PROMOTION CONSTITUTES ENTRANT'S IRREVOCABLE ASSIGNMENT, CONVEYANCE, AND TRANSFERENCE TO SPONSOR OF ALL RIGHT, TITLE, AND INTEREST IN THE ENTRY, INCLUDING, WITHOUT LIMITATION, ALL COPYRIGHTS. Sponsor is not responsible for lost, late, incomplete, invalid, unintelligible, illegible, misdirected or postage-due requests, which are void. In addition, by entering, contestants represent and warrant that the entries that they submit:
* Are their own sole and original creations;
* Do not infringe any other person's or entity's rights; and
* Have not been submitted previously in a contest of any kind
Limit: Each participant may enter the Sweepstakes and play the Instant Win Game one (1) time per day during the Promotion Period. Multiple participants are not permitted to share the same email address, each entrant must enter with his/her unique email address. Any attempt by any participant to obtain more than one (1) play or more than one (1) entry per day by using multiple/different email addresses, identities, registrations and logins, or any other methods will void that participant's plays/entries and that participant may be disqualified. Use of any automated system to participate is prohibited and will result in disqualification. In the event of a dispute as to any registration or play, the authorized account holder of the email address used to register will be deemed to be the registrant or player. 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.
5. Sweepstakes/Instant Win Game - How to win: Administrator is an independent judging organization whose decisions as to the administration and operation of the Sweepstakes and the selection of potential winners are final and binding in all matters related to the Promotion. Sweepstakes: During the Sweepstakes Judging Period, Sponsor will select ten (10) semi-finalists based on the following criteria: (25%) originality, (25%) creativity, and (50%) public appeal (the "Judging Criteria"). During the Sweepstakes Voting Period, the ten (10) semi-finalists selected by the Sponsor will be posted in an on-line gallery for the public to vote on. All eligible consumers who have registered in the Sweepstakes/Instant Win game may vote one time per day during the Sweepstakes Voting Period. Based on the Judging Criteria, the public will vote for their favorite entry. The entry that accumulated the most votes will be determined the Sweepstakes Grand Prize Winner. In the event of a tie for the Sweepstakes Grand Prize winner, the Sponsor's judges will re-judge all tied entries based on the same Judging Criteria until one winner is selected. Instant Win Game: Four hundred thirty-two (432) random, computer-generated winning times, one for each Instant Win Game prize listed below, will be generated during the Promotion Period (there will be twelve (12) random, computer-generated winning times per day during the Promotion Period). If you are the first player to play the Instant Win Game at or after one of the randomly generated times, you will be a potential instant winner of the prize indicated.
6. ALL POTENTIAL INSTANT WIN GAME WINNERS AND THE SWEEPSTAKES WINNER ARE SUBJECT TO VERIFICATION BY SPONSOR OR ADMINISTRATOR, WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE PROMOTION. AN ENTRANT IS NOT A WINNER OF ANY PRIZE, EVEN IF THE INSTANT WIN GAME OR SWEEPSTAKES SHOULD SO INDICATE, UNLESS AND UNTIL ENTRANT'S ELIGIBILITY, AND THE POTENTIAL INSTANT WIN GAME WINNER AND/OR SWEEPSTAKES WINNER HAVE BEEN VERIFIED AND ENTRANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE. SPONSOR WILL NOT ACCEPT SCREEN SHOTS OR OTHER EVIDENCE OF WINNING IN LIEU OF ITS VALIDATION PROCESS. ANY PLAY THAT OCCURS AFTER THE SYSTEM HAS FAILED FOR ANY REASON IS DEEMED A DEFECTIVE PLAY AND IS VOID AND WILL NOT BE HONORED.
7. Verification of Potential Winners: All potential winners must continue to comply with all terms and conditions of these Official Rules, and winning is contingent upon fulfilling all requirements. The potential Sweepstakes winner will be notified by email, telephone, or registered mail after the Sweepstakes Voting Period. The potential winners (parent/legal guardian if winner is a minor in his/her state of residence) will be required to sign and return to ePrize, within ten (10) days of the date notice is sent, an affidavit of eligibility and liability/publicity release (except where prohibited) in order to claim his/her prize if applicable. If a potential winner of any prize cannot be contacted, fails to sign and return the affidavit of eligibility and liability/publicity release within the required time period (if applicable), or if prize or prize notification is returned as undeliverable, potential winner forfeits prize. In the event that a potential winner of the Instant Win Game is disqualified for any reason, Sponsor will award the applicable prize to an alternate winner by random drawing from among all remaining eligible entries. If the Sweepstakes winner is disqualified for any reason, the entrant with the next highest number of votes will be determined the Grand Prize winner. There will be three (3) alternate drawings after which the Instant Win Game prizes will remain un-awarded. Prizes will be shipped within approximately 8-10 weeks after winner verification.
8. Prizes:
1. Sweepstakes Prize: ONE (1) SWEEPSTAKES GRAND PRIZE: $10,000, a Dell Skin produced with the winning design, and the winner's choice of any one (1) of the following pre-configured Dell notebooks: Dell XPS™ 1210; Dell Inspiron™ E1405; Dell Inspiron™ E1505, or Dell Inspiron™ E1705. Approximate Retail Value ("ARV"): Between $10,947.99 and $11,417.99 dependant on the Dell notebook selected. Odds of winning the Sweepstakes prize depends on the number of eligible entries received during the Promotion Period and based on the judging and voting process of selecting the winner.
2. Instant Win Game prizes: FOUR HUNDRED THIRTY-TWO (432) INSTANT WIN GAME FIRST PRIZES: The Dell Skin of choice from the ones displayed, and the winner's choice of any one (1) of the following pre-configured Dell notebooks: Dell XPS™ 1210; Dell Inspiron™ E1405; Dell Inspiron™ E1505, or Dell Inspiron™ E1705. ARV: Between $947.99 and $1,417.99 dependant on the Dell notebook selected. Odds of winning an Instant Win Game prize depends on the number of eligible Instant Win Game plays divided by the number of prizes available. Limit: One (1) Instant Win Game prize per person.
For All Prizes: The ARV of electronic prizes are 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. Winners are responsible for all taxes and fees associated with prize receipt and/or use. TOTAL ARV OF ALL PRIZES: Between $420,479.67 and $623,989.67 dependant on the Dell notebooks selected.
9. Discount Offers Available to All Eligible Participants: All site visitors will be presented with various Discount Offers, which can be forwarded to a friend or a family member in accordance with instructions on the applicable web page. Discount Offers are subject to these Official Rules and will vary throughout the Promotion Period. Participants will be emailed promotional codes and details for the Discount Offer selected by them. A promotional code can only be used one time. Discount Offers are subject to their own terms, conditions, limitations and restrictions, as set forth on the applicable Promotion web page and/or in the email as described above.
10. Release: By receipt of any Sweepstakes or Instant Win Game prize, winner agrees to release and hold harmless Sponsor, ePrize, LLC, and their 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.
11. Publicity: Except where prohibited, participation in the Promotion constitutes winners consent to Sponsor'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.
12. General Conditions: 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 Sweepstakes or Instant Win Game, 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 Sweepstakes or Instant Win Game 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 Sweepstakes or the Instant Win Game 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.
13. 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 Sweepstakes or Instant Win Game play, time permitting. If it is not possible to award another entry due to premature discontinuance of the Promotion, or any part of it, for any reason beyond the control of Sponsor or any corruption, 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 event that production, technical, seeding, programming or any other reasons cause more than 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, un-awarded, eligible prize claims.
14. 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 individually, without resort to any form of class action, and exclusively by the United States District Court for the Eastern District of Michigan (Southern Division) or the appropriate Michigan State Court located in Oakland County, Michigan; (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 Michigan, without giving effect to any choice of law or conflict of law rules (whether of the State of Michigan or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Michigan.
15. Entrant's Personal Information: Information collected from entrants is subject to the Sponsor's Privacy Policy:
http://www1.us.dell.com/content/topics/global.aspx
/policy/en/policy?c=us&cs=19&l=en&s=gen&~section=000 and ePrize's privacy policy
http://www.eprize.net/privacy/privacypolicy.html.
16. Promotion Results: For Promotion results and/or a copy of these Official Rules, send a hand-printed, self-addressed, stamped envelope to "A Notebook From Dell - Education For You Winners/Rules", c/o ePrize, LLC, P.O. Box 8070, Royal Oak, MI 48068-8070 U.S.A. Requests for winner list must be received by December 1, 2006. VT residents may exclude return postage.
17. Name Removal Notification System: If you would like your name removed from Sponsor's direct mail list please call 1-800-624-9896 or go to
http://www.dell.com/optout and your name will be removed within 60 days of the request.
© 2006 Dell Inc. All Rights Reserved.
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