WIN A FREE STEAK DINNER FOR TWO AND PLAY
American Chimney Sweep-Steaks™
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NO PURCHASE NECESSARY. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING
1. Eligibility: Click on the flame and if a steak appears, you win a dinner for two at a local steak house. This instant game is open only to legal residents of the fifty (50) United States (and the District of Columbia) and Canada who are at least eighteen (18) years old at the time of entry. Void where prohibited. Employees, officers and representatives of American Chimney Supplies, Inc., and their affiliates, as well as the immediate family (spouse, parents, siblings and children) and household members of each such employee are not eligible. The Instant Win Game is subject to all applicable federal, provincial, territorial, state and local laws and regulations. Participation in the Instant Win Game 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 Instant Win Game. Winning a prize is contingent upon fulfilling all requirements set forth herein.
2. Sponsor & Administrator: American Chimney Supplies, Inc., 129 Oser Ave., Hauppauge, NY 11788. (631) 434-2020.
3. Timing: The Instant Win Game begins at 12:00 a.m. Eastern Time ("ET"), Sunday, April 19, 2009 and ends at 11:59 p.m. ET, April 19, 2010 (the "Promotion Period"). Administrator's computer is the official time keeping device for the Instant Win Game.
4. How to Enter: During the Promotion Period, go to the following website and fill out the online entry form completely and submit the form: www. americanchimney.com/sweepsteaks (the "Entry Site"). Once you submit the form, follow the directions to advance to the Instant Win Game page to play the Instant Win Game. On the Instant Win Game page, use your mouse to click on the "Flame" and if a steak appears, you win the dinner for two at a local steak house. The Instant Win Game results will be instantly displayed. Chances of winning are 1 in 5,000. Entrants will be notified immediately by email if they are winners of the Instant Win Game and will be provided directions for validation and redemption. All winners are subject to verification before any prize will be awarded. Administrator is responsible for the functionality of the Instant Win Game. Limit: One (1) Instant Win Game play per email address per person across all Entry Sites. Any attempt by any participant to obtain more than the stated number of plays by using multiple/different email addresses, identities, registrations and logins, or any other methods will void that participant's plays and that participant 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 registrations, which will be disqualified. 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, Internet service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Winners may be required to show proof of being the authorized account holder.
5. ALL WINNING PLAYS ARE SUBJECT TO VERIFICATION BY SPONSOR OR ADMINISTRATOR, WHOSE DECISIONS ARE FINAL AND BINDING. AN ENTRANT IS NOT A WINNER OF ANY PRIZE, EVEN IF THE INSTANT WIN GAME SHOULD SO INDICATE, UNLESS AND UNTIL ENTRANT'S ELIGIBILITY AND THE WINNING PLAY HAS 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.
6. Instant Win Prize and Verification of Winners: All selected winners must comply with all terms and conditions of these Official Rules, and all winnings are contingent upon fulfilling all requirements. Administrator will hire an independent judging organization whose decisions as to the administration and operation of the Instant Win Game and the selection of winners are final and binding in all matters related to the Instant Win Game. Winners will receive their prizes approximately 1-3 weeks after the conclusion of the Instant Win Game. If any winner cannot be contacted or if prize is returned as undeliverable, winner forfeits prize. Unclaimed prizes will not be awarded. Winners must continue to comply with all terms and conditions of these Official Rules, and winning are contingent upon fulfilling all requirements.
7. Prize: COMPLETE DINNER FOR TWO AT A LOCAL STEAK HOUSE. Limit: one (1) Instant Win Game prize per person.
8. Publicity: Except where prohibited, participation in the Instant Win Game constitutes winner's consent to Sponsor's use of winner's name, likeness, photograph, voice, opinions, biographical information, hometown and state for promotional purposes in any media without further payment or consideration.
9. General Conditions: Sponsor reserves the right to cancel or modify the Instant Win Game if fraud, technical failures or any other factor beyond Sponsor's reasonable control impairs the integrity of the 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 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 damage any web site or undermine the legitimate operation of the Instant Win Game is 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.
10. Release: By entering this Instant Win Game, entrant agrees to release and hold harmless American Chimney Supplies, Inc.., and any promotional partners, each of their parent, subsidiary, affiliate and related companies, and each of its and their respective officers, directors, employees, and agents (collectively the "Released Parties") from and against any losses, damages, rights, claim or cause of action of any kind arising, in whole or in part, directly or indirectly, out of participation in the Instant Win Game or resulting directly of indirectly, from acceptance, possession, use, or misuse of any prize awarded in connection with the Instant Win Game, including without limitation personal injury, death, and/or property damage, as well as claims based on publicity rights, defamation, and/or invasion of privacy.
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 Instant Win Game; (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 Instant Win Game; (4) technical or human error which may occur in the administration of the Instant Win Game 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 Instant Win Game or receipt or use of any prize or while traveling to or from any prize-related activity. 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 Instant Win Game; provided that if it is not possible to award another entry due to discontinuance of the Instant Win Game 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. 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, unawarded, eligible prize claims.
12. Disputes: Entrant agrees that: (i) any and all disputes, claims and causes of action arising out of or connected with this Instant Win Game, or any prizes awarded, other than the administration of the Instant Win Game or the determination of winners, shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the Nassau County Division or the appropriate New York State Court located in Nassau County, New York, U.S.A.; (ii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Instant Win Game but in no event attorneys' fees; and (iii) under no circumstances will entrant be permitted to obtain awards for and entrant hereby waives all rights to claim 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. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. 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 Instant Win Game, shall be governed by, and construed in accordance with, the laws of the State of New York, U.S.A., without giving effect to any choice of law or conflict of law rules (whether of the State of New York or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York, U.S.A.
14. Winners List: Instant Win Game results and/or a copy of these Official Rules may be obtained by sending a self-addressed, stamped envelope to the "American Chimney Sweep-Steaks/Rules Request", c/o American Chimney Supplies, Inc., 129 Oser Ave, Hauppauge, NY 11788. Requests must be received by April 19, 2010 for the winners list.