10,000 COUPLES FIRST ANNIVERSARY SWEEPSTAKES
OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. INTERNET ACCESS IS REQUIRED.
THE WINNER MAY BE REQUIRED TO SIGN AND RETURN PRIZE ACCEPTANCE DOCUMENTS, INCLUDING NAME, ADDRESS, DATE OF BIRTH AND OTHER PERSONAL INFORMATION, WITHIN SEVEN (7) DAYS, AS MORE FULLY DETAILED BELOW.
PARTICIPANTS MUST ALREADY BE A SUBSCRIBER OR MUST CREATE A NEW SUBSCRIPTION TO 10,000 COUPLES [WWW.10THOUSANDCOUPLES.COM] TO BE ELIGIBLE TO REDEEM A PRIZE, ALTHOUGH THERE IS NO REQUIREMENT TO AGREE TO RECEIVE MARKETING COMMUNICATIONS FROM SPONSOR (DEFINED BELOW).
EXCEPT AS OTHERWISE PROVIDED IN THESE OFFICIAL RULES, ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION, AS MORE FULLY EXPLAINED BELOW.
BY PARTICIPATING IN THE SWEEPSTAKES, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT, SO READ THEM CAREFULLY BEFORE PARTICIPATING. WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES TO THE SPONSOR FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.
The 10,000 Couples First Anniversary Sweepstakes (“Sweepstakes”) is sponsored by 10thousand Couples LLC, Box Number 6994, River Forest, IL 60305 (“Sponsor”). By entering this Sweepstakes, all entrants unconditionally accept and agree to these Official Rules and the decisions of Sponsor, which shall be final and binding in all respects.
THE PRIZE: The Sweepstakes gives eligible persons one (1) chance to win one (1) Grand Prize of one (1) Apple iPAD WI-FI 16GB-USA. Total approximate retail value (ARV) of prize is $599. One (1) Apple iPAD is the only prize that will be awarded through this Sweepstakes. Actual iPAD may vary. The Winner will be awarded the prize in accordance with these Official Rules. Odds of winning depend on the number of eligible subscriptions received. Additional prize details not specified in these Official Rules will be determined in Sponsor’s sole discretion.
HOW TO PLAY: The 10,000 Couples First Anniversary Sweepstakes begins at 9:00 AM Central Time (CT) on September 1, 2010 and ends at 11:59 PM CT on October 16, 2010 (the “Sweepstakes Period”). The Sponsor’s designated computer’s clock will be the official timekeeper for this Sweepstakes. To participate, you must be: (1) a legal resident of any one (1) of the fifty (50) United States of America or the District of Columbia; (2) 18 years old or the age of majority in your State of residence, as of the date and time this Sweepstakes ends; and (3) a subscriber to the 10,000 Couples e-zine, located at 10,000 Couples Subscribe Here [http://www.10thousandcouples.com/subscribe], at the time the Sweepstakes ends. You need not opt in to receive other communications from Sponsor in order to be eligible for this Sweepstakes. By entering this Sweepstakes, however, you consent to having the Sponsor contact you for the purpose of administering the Sweepstakes, even if you have previously opted out of receiving other communications from Sponsor. Only one subscription will be accepted for each person and repetitive subscriptions will result in your disqualification from the Sweepstakes. You need not submit a photograph or post anything to either the 10,000 Couples e-zine or the 10,000 Inspiring Couples Gallery in order to participate in this Sweepstakes. As a condition of entering this Sweepstakes, each entrant gives consent for Sponsor to obtain and deliver his or her name, address and other information to third parties for the purpose of administering this Sweepstakes and complying with applicable laws, regulations and rules. Qualifying subscriptions must be received during the Sweepstakes Period, through the 10,000 Couples website. For the purposes of this Sweepstakes, a subscription is “received” when the Sponsor’s designated computer records that the subscription was received. Proof of sending (such as an automated computer receipt confirming subscription or “thanks for subscribing” screen or message, if any) does not constitute proof of actual receipt of any subscription for purposes of this Sweepstakes.
Participants who do not abide by these Official Rules, follow the instructions on the 10,000 Couples website or from Sponsor or its representatives, or submit all of the required information for participation and/or prize redemption, if applicable, will be disqualified.
Subscriptions may not be acknowledged. A subscription in excess of the stated limits or that is incomplete, lost, late, misdirected, illegitimate, corrupted, damaged, forged, false, illegible, or generated by macro, internet bots, also known as web robots, or other automated means, deceptive or otherwise, not in compliance with the Official Rules will not be accepted and will be void. Participation by any other individual or entity at any other website or e-mail address, including without limitation, commercial promotion subscription notification or entering service sites, will be disqualified from this Sweepstakes.
Employees, directors, officers, agents or contractors of 10thousand Couples LLC, their immediate family members and those living in the same household (whether or not legally related) of each are not eligible to participate. For purposes of this Sweepstakes, immediate family members are defined as domestic partner, spouse, parents, legal guardians, in-laws, grandparents, siblings, children and grandchildren. This Sweepstakes is void in all U.S. territories, possessions, and overseas military installations. All Federal, state and local laws and regulations apply. VOID WHERE PROHIBITED AND IN ALL U.S. TERRITORIES, POSSESSIONS AND OVERSEAS MILITARY INSTALLATIONS.
WINNER SELECTION: Within three (3) business days after the end of the Sweepstakes Period, a Winner will be chosen by random drawing. Within three (3) business days after the random drawing, the Winner will be notified that he or she may have won the Grand Prize in this Sweepstakes (subject to Sponsor’s verification procedures) through the e-mail address associated with his or her subscription, as that address exists in the Winner’s subscription at the time of notification. The Sponsor’s decisions will be final in all matters relating to this Sweepstakes including interpretation of these Official Rules and awarding of the Grand Prize. The Grand Prize Winner will be required to read, sign, have notarized and return to Sponsor an affidavit of eligibility and liability/publicity release (“Grand Prize Winner Documents”) at Sponsor’s sole discretion (unless prohibited by law) without alteration and within seven (7) days or other time frame specified by Sponsor or its agent in the notification, any or all of which may require the Winner to provide a copy of his or her government-issued identification. All prize claims, affidavits of eligibility and liability/publicity releases are subject to verification by Sponsor. If the potential Grand Prize Winner does not respond according to the instructions contained in the notification, including without limitation, by completing and returning the Grand Prize Winner documents described above as instructed and without alteration within seven (7) days of the date Sponsor sent the notification or other time frame as provided in the Sponsor’s notification, the Grand Prize may be forfeited and an alternate Grand Prize Winner selected in Sponsor’s sole discretion. If communication about the Grand Prize, prize notification or Sweepstakes-related communication is rejected, faulty, or returned as undeliverable, or if a Winner cannot be reached after a reasonable attempt has been made by Sponsor (as determined by Sponsor in its sole discretion), that Winner may be disqualified and an alternate Winner randomly chosen.
If the Grand Prize Winner Documents are timely received by Sponsor as set forth above, the Sponsor will mail, and pay for mailing of, the Grand Prize to Winner, using a carrier chosen at Sponsor’s discretion. The prize will be mailed the street address provided by in one (1) of the fifty (50) United States of America or District of Columbia, provided by the Winner. Sponsor is not responsible for and is not liable for false, incorrect, changed, incomplete or illegible contact information, insufficient space in a potential winner’s e-mail inbox, or any late, damaged, intercepted, filtered, lost, misdirected, garbled, rejected or unsuccessful effort to notify potential winners or to award the prize. If, for any reason, more bona fide winners come forward seeking to claim the prize in excess of the number of prize set forth in these Official Rules, the potential winners of the prize stated in these Official Rules may be selected in a random drawing from among all persons making purportedly valid claims for the prize, in Sponsor’s sole discretion. Inclusion in such drawing will be each participant’s sole and exclusive remedy under such circumstances. If legitimately claimed, the prize will be awarded.
All federal, state and local taxes, as well as any expenses not specified in these Official Rules as being provided as part of the Grand Prize, are the sole responsibility of the winner. Sponsor is not responsible for and winner will not receive the difference, if any, between the actual value of the prize at the time of award and the stated ARV in these Official Rules or in any Sweepstakes-related correspondence or materials. Sponsor will not replace any lost, mutilated or stolen prize or prize element or any prize that is undeliverable or does not reach the winner because of an incorrect or changed address. If winner does not accept or use the entire prize, the unaccepted or unused part of the prize will be forfeited and Sponsor will have no further obligation with respect to that prize or portion of the prize. Sponsor is not responsible for any inability of any winner to accept or use any prize (or portion thereof) for any reason. No transfers, prize substitutions or cash redemptions will be made, except as Sponsor’s sole discretion. Sponsor reserves the right to substitute the stated prize or portion thereof with another prize or portion thereof of equal or greater value for any reason, including, without limitation, prize unavailability. No more than one stated prize will be awarded. Winner is strictly prohibited from selling, auctioning, trading or otherwise transferring any part of the Grand Prize.
LIMITATION OF LIABILITY: EACH PARTICIPANT AGREES TO RELEASE, HOLD HARMLESS AND INDEMNIFY THE SPONSOR AND ITS OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, REPRESENTATIVES AND AGENTS (COLLECTIVELY, THE “RELEASED PARTIES”) FOR ANY LIABILITY WHATSOEVER FOR INJURIES, LOSSES OR DAMAGES OF ANY KIND SUSTAINED IN CONNECTION WITH THE USE, ACCEPTANCE, POSSESSION, MISUSE OR AWARDING OF THE PRIZE, OR WHILE PREPARING FOR, PARTICIPATING IN AND/OR TRAVELING TO OR FROM ANY PRIZE-RELATED ACTIVITY, INCLUDING, WITHOUT LIMITATION, ANY INJURY, DAMAGE, DEATH, LOSS, OR ACCIDENT TO PERSON OR PROPERTY. EACH WINNER AGREES THAT THE PRIZE IS PROVIDED AS-IS WITHOUT ANY WARRANTY, REPRESENTATION OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT OR IN LAW, WHETHER NOW KNOWN OR HEREINAFTER ENACTED, RELATIVE TO THE USE OR ENJOYMENT OF THE PRIZE, INCLUDING, WITHOUT LIMITATION, ITS QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
EACH PARTICIPANT UNDERSTANDS AND AGREES THAT ALL RIGHTS UNDER SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY OF THE UNITED STATES ARE HEREBY EXPRESSLY WAIVED BY HIM/HER. SECTION 1542 READS AS FOLLOWS:
“CERTAIN CLAIMS NOT AFFECTED BY A GENERAL RELEASE. A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
ADDITIONAL DISCLAIMERS: Released Parties are not responsible and/or liable for any of the following, whether caused by any of the Released Parties, the participant, human error or otherwise: Subscriptions or information that is submitted by illegitimate means (such as, without limitation, by an automated computer program) or participation in excess of the stated limit; any lost, late, incomplete, illegible, mutilated, or misdirected entries, e-mail, mail or Sweepstakes-related correspondence or materials or postage-due mail; any error, omission, interruption, defect, or delay in transmission or communication; any viruses or technical or mechanical malfunctions; interrupted or unavailable cable or satellite systems; errors, typos or misprints in these Official Rules, in any Sweepstakes-related advertisements or other materials; failures of electronic equipment, computer hardware or software; lost or unavailable network connections, or failed, incorrect, incomplete, inaccurate, garbled or delayed electronic communications or participation information. Released Parties are not responsible for electronic communications that are undeliverable as a result of any form of active or passive filtering of any kind, or insufficient space in participant’s e-mail account to receive e-mail messages. Released Parties are not responsible, and may disqualify you, if your e-mail address or other contact information does not work or if it is changed without prior written notice to Sponsor. Without limiting any other provision in these Official Rules, the Released Parties are not responsible or liable to any participant or winner or any person claiming through such participant or winner for failure to supply the prize or any part thereof in the event that any of the Sweepstakes activities or the Released Parties’ operations or activities are affected, as determined by the Sponsor in its sole discretion, including, without limitation, by reason of any acts of God, any action, regulation, order or request by any governmental or quasi-governmental entity (whether or not the action, regulations, order or request proves to be invalid), equipment failure, threatened terrorist acts, terrorist acts, air raid, blackout, act of public enemy, earthquake, war (declared or undeclared), fire, flood, epidemic, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal) labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any law, rule, regulation, order or other action adopted or taken by any governmental, federal, state or local government authority, or any other cause, whether or not specifically mentioned above.
GENERAL RULES: Each participant acknowledges that Sponsor has no obligation to use or display in any way participant’s name, picture, likeness, voice, biographical data and/or any information contained in participant’s submitted information. Failure to comply with these Official Rules may result in disqualification from this Sweepstakes. Sponsor’s failure to or decision not to enforce any provision of these Official Rules will not constitute a waiver of that or any other provision.
The invalidity or unenforceability of any provision of these Official Rules will not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules will otherwise remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
Participants agree to not damage or cause interruption of the Sweepstakes and/or prevent others from entering the Sweepstakes. Sponsor reserves the right, in its sole discretion, to void entries of any participant who Sponsor believes has attempted to tamper with or impair the administration, security, fairness or proper play of this Sweepstakes. In the event there is an alleged or actual ambiguity, discrepancy or inconsistency between disclosures or other statements contained on the Web Site or other Sweepstakes-related materials or these Official Rules (including any alleged discrepancy or inconsistency within these Official Rules), the discrepancy will be resolved in Sponsor’s sole discretion. If Sponsor determines at any time in its sole discretion that a Winner or potential winner is disqualified, ineligible, or in violation of these Official Rules, Sponsor reserves the right in its sole discretion to select an alternate winner, even if the disqualified potential winner’s name may have been shown or announced on the Web Site or elsewhere. If the Sweepstakes is not capable of running as planned for any reason, Sponsor reserves the right, in its sole discretion, to cancel, modify or suspend the Sweepstakes. Any person who supplies false information, obtains entries by fraudulent means or is otherwise determined to be in violation of these Official Rules in an attempt to obtain any prize will forfeit any prize won and may be prosecuted to the full extent of the law. In the event of a dispute concerning who subscribed, the winner will be declared to be the authorized account holder of the e-mail address associated with the subscription created before the end of the Sweepstakes, but only if that person meets all other eligibility criteria. Otherwise, the subscriber will be disqualified and any potential prize won will be forfeited in Sponsor’s sole discretion. An authorized account holder is defined as the natural person who is assigned to an e-mail address by an Internet access provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. The potential winner may be required to provide Sponsor with proof that he or she is the authorized account holder of the e-mail address associated with the potentially winning subscription. If a dispute cannot be resolved to Sponsor’s satisfaction, the subscription will be deemed ineligible.
CAUTION: ANY ATTEMPT TO DAMAGE ANY ONLINE SERVICE OR WEB SITE OR UNDERMINE THE LEGITIMATE OPERATIONS OF THE SWEEPSTAKES VIOLATES CRIMINAL AND CIVIL LAWS. IF SUCH AN ATTEMPT IS MADE, SPONSOR MAY DISQUALIFY ANY PARTICIPANT MAKING SUCH ATTEMPT AND MAY SEEK DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW.
RESOLUTION OF DISPUTES/GOVERNING LAW. All disputes between a participant and Sponsor in connection with this Sweepstakes will be governed by, and construed in accordance with, the laws of the State of Illinois, without giving effect to any principles of conflicts of law. Any and all disputes and claims relating to this Sweepstakes must be resolved by submission to arbitration under the Commercial Arbitration Rules of the American Arbitration Association and by participating in the Sweepstakes, all participants expressly waive the right to trial by jury. The arbitration must be conducted in Chicago, Illinois in the English language by a sole arbitrator appointed in accordance with the Commercial Arbitration Rules. Each party must pay one-half of the costs of the arbitration, and participants will be responsible for their own attorney's fees. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award punitive or exemplary damages. The dispute, claims and arbitration proceedings will at all times be kept confidential except to the extent necessary to enforce or collect the arbitration award. Each participant agrees that any action at law or in equity relating to the arbitration provision of these Official Rules must be filed only in the state or federal courts located in Cook County, Illinois and hereby consents and submits to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these Official Rules is deemed unlawful, void, or for any reason unenforceable, then that provision must be deemed severable from these Official Rules and must not affect the validity and enforceability of any remaining provisions. Sponsor’s failure to insist upon or enforce strict performance of any provision of these Official Rules must not be construed as a waiver of any provision or right. No waiver of any term or condition of these Official Rules shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
BY PARTICIPATING IN THE SWEEPSTAKES, EACH PARTICIPANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SWEEPSTAKES, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED, (IF ANY), NOT TO EXCEED TWO HUNDRED FIFTY DOLLARS ($250.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL ANY PARTICIPANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND PARTICIPANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT-OF-POCKET EXPENSES NOT TO EXCEED TEN DOLLARS ($10.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) PARTICIPANTS’ REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND PARTICIPANT IRREVOCABLY WAIVE ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO ALL PARTICIPANTS.
WINNERS’ LIST/OFFICIAL RULES. To find out the first initial and last name of the Winner, send your request and a legal-size, self-addressed, stamped envelope no later than three (3) months following the end of the Sweepstakes Period to: Delena Wilkerson, c/o 10thousand Couples LLC, P.O. Box 6994, River Forest, IL 60305. For a copy of these Official Rules, print out these pages or send a legal-size, self-addressed, stamped envelope prior to the end of the Sweepstakes Period to: Delena Wilkerson, c/o 10thousand Couples LLC, P.O. Box 6994, River Forest, IL 60305. Only one (1) request of either type per outer envelope, mailed separately, will be fulfilled. Vermont residents can omit return postage for Official Rules requests.

