1. HOW TO ENTER: This sweepstakes begins at June 10, 2009 and ends at midnight on the day Giganews reaches 365 days of retention, estimated to be on or before August 7, 2009 (the "Promotional Period"). To enter, complete the sweepstakes registration on www.giganews.com. By entering, entrants consent to the receipt of promotional materials from Giganews. Giganews assumes no responsibility for any computer, technical, telephone, cable, network, satellite, electronic or Internet hardware or software malfunctions, failures, connections, availability, or garbled or jumbled transmissions, or service provider/Internet/website/use accessibility or availability, traffic congestion, or unauthorized human intervention. Giganews reserves the right to modify, suspend, or terminate the promotion in whole or in part by giving such notice, in any form and manner deemed appropriate by Giganews. Should the promotion be modified, suspended, or terminated as aforesaid, the prize will nevertheless be awarded from eligible entries previously received and in accordance with these Official Rules. Limit: One (1) entry per user email account. Multiple entries per email account will be treated as one entry and can be grounds for disqualification.
2. ELIGIBILITY: This sweepstakes is open to all persons 18 years or older as of June 10, 2009. Employees and their immediate families (spouses, parents, children, siblings, and their respective spouses), including household members of Giganews, Inc. and their respective affiliates, subsidiaries, divisions, advertising and promotion agencies are not eligible to enter. This sweepstakes is subject to all federal, state and local laws. By entering this sweepstakes, each entrant agrees to release and hold harmless Giganews and their respective parent companies, affiliates, subsidiaries, agencies, employees¸ officers, directors, representatives, and advertising and promotion agencies from any injury, loss, death, damage, action, claim, demand or other liability that may occur from entrant's participation in this sweepstakes or from the acceptance or use of any prize awarded, or attendance at any event. By entering, entrants agree to be bound by these Official Rules.
3. CONDITIONS OF ENTRY: An eligible entry must be received via online as described above. Incomplete entries are void. By entering, entrants agree to comply with these Official Rules, including all eligibility requirements. To enter, your computer must accept cookies, or any successor or similar technology (now known or hereafter devised or discovered), which may be used by Giganews for the purposes of entry tracking. Entry will be deemed to have been submitted by the authorized account holder of the e-mail address from which the entry is made. All entries become the property of Giganews and will not be acknowledged or returned.
4. DETERMINATION OF WINNERS: On or about Sept. 1, 2009, the first, second and third place winners will be drawn at random. Winner selection and random drawing shall be conducted under the supervision of Giganews. Giganews shall choose the winners at their sole discretion. Giganews will notify the potential winners on or about Sept. 7, 2009, by e-mail after the drawing. Odds of winning depend on the number of eligible entries received.
5. PRIZES: One (1) First Place Winner will receive an Xbox 360 Elite Console and 1 year Diamond Account from Giganews. Approximate Retail Value is $760. One (1) Second Place Winner will receive 1 year Diamond Account from Giganews. Approximate Retail Value is $360. One (1) Third Place Winner will receive 1 year Platinum Account from Giganews. Approximate Retail Value is $300. No substitution or transfer of Prize permitted, except at the Sole discretion of Giganews.
6. GENERAL CONDITIONS: Where permitted by law, the winners agree to grant to Giganews and Giganews' licensees, affiliates and assigns, the right to print, publish, broadcast and use, worldwide, in any media now known or hereafter developed at any time or times, their names, portraits, pictures, voices, likenesses and biographical information as news or information and for advertising and promotional purposes without additional consideration; and further without such additional compensation, appear for, or provide biographical information for use in, any presentation or other activity which may include filming/audio/video/electronic or other recordings and/or interviews as may be determined by Giganews. Failure to make such appearances or grant such rights may result in disqualification. IN NO EVENT WILL GIGANEWS, THEIR PARENT, SUBSIDIARY, LICENSEES, AND OR AFFILIATES AND RELATED COMPANIES, THEIR SPONSORS, ADVERTISING OR PROMOTION AGENCIES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AND AGENTS, BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO USE OF INTERNET SITE WWW.GIGANEWS.COM OR THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM SAID SITE. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THIS SITE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS, OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS, FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
Giganews reserves the right, at their sole discretion, to disqualify any individual they find, at their sole discretion, to be tampering with the entry process or the operation of the sweepstakes or Web site; to be in violation of the Terms of Service of the Giganews Web site, to be acting in violation of the Official Rules; or to be acting in a non-sportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. Any use of robotic, automatic, macro, programmed, or like entry methods will void all such entries by such methods. In the event of a dispute as to entries submitted by multiple users having the same email account, the authorized subscriber of the email account used to enter the sweepstakes at the actual time of the entry will be deemed to be the participant and must comply with these rules. Authorized account subscriber is deemed to be the natural person who is assigned an email address by an Internet access provider, online service provider or other organization, which is responsible for assigning email addresses or the domain associated with the submitted email address.
7. DISPUTES: As a condition of participating in this sweepstakes, entrant agrees that any and all disputes which cannot be resolved between the parties, and causes of action arising out of or connected with this sweepstakes, shall be resolved individually, without resort to any form of class action, exclusively, before a court located in the State of Texas, United States having competent jurisdiction, which Court shall apply the laws of the State of Texas without regard for doctrines of Conflict of Law. Further, in any such dispute, under no circumstances will entrant be permitted to obtain awards for, and hereby waives all rights to claim punitive, incidental, or consequential damages, or any other damages, including attorney's fees, other than entrant's actual out-of-pocket expenses (i.e., costs associated with entering this sweepstakes), and entrant further waives all rights to have damages multiplied or increased.