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Gaiam, Inc. ConcentratiOm Yoga Game Sweepstakes Official Rules NO PURCHASE OR PAYMENT IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES |
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1. ELIGIBILITY. The Gaiam, Inc. ("Gaiam") "ConcentratiOm Yoga Game Sweepstakes" (the "Sweepstakes") is only open to entrants who, as of the entry date, are (a) legal residents of the United States and its territories and possessions (the "Territory"), and (b) at least eighteen (18) years old. The Sweepstakes is void outside the Territory, and where prohibited or restricted by law. Employees, officers and directors of Gaiam and its parents, subsidiaries, and affiliates, are not eligible to enter. Individuals may enter the Sweepstakes, but teams of individuals, or corporate or other entities may not enter the Sweepstakes.
2. TIMING. The Sweepstakes begins at 9:00 a.m. Mountain Time ("MT") on November 10, 2008 and ends at 5:00 p.m. MT on February 10, 2009 (the "Entry Period"). 3. HOW TO ENTER. There are two (2) ways to enter the Sweepstakes: • To enter online: Click on the designated link in the "ConcentratiOm Yoga Game Sweepstakes" e-mail you received or log on to life.gaiam.com (the "Gaiam Life Website") during the Entry Period, click on the "Play the Game" button, and follow the on-screen instructions to play the ConcentratiOm Yoga Game (the "Game"). Upon completion of the Game, fill out the entry form by entering your e-mail address, then click the "Enter Now" button in order to complete your entry. By entering the Sweepstakes, you are agreeing to the terms of these Official Rules. • To enter by mail: Mail an index card or postcard with your name, age, mailing address, and e-mail address to Gaiam ConcentratiOm Yoga Game Sweepstakes, 833 W South Boulder Rd., Louisville, CO 80027. For all entries Limit: three (3) entries per person or e-mail address per 24 hour period during the Entry Period, regardless of method of entry. All entries must be received by Gaiam during the Entry Period, and none will be acknowledged or returned. If more than three (3) entries are received from any e-mail address within a 24 hour period, all entries received during such period following the initial three (3) entries received from that e-mail address will be void. In the event of a dispute regarding entries received from multiple users having the same e-mail account, the authorized holder of the e-mail account at the time of entry will be deemed to be the entrant and must comply with these Official Rules. The "authorized account holder" is defined as the natural person who is assigned to an e-mail address by an Internet access provider, on-line service provider, or other organization responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. Entries generated by script, macro or other automated means are void. All information collected in connection with this Sweepstakes ("Information") will be used (i) to administer the Sweepstakes, (ii) in connection with marketing offers from Gaiam, and (iii) otherwise in accordance with the Gaiam privacy policy, available at life.gaiam.com. By participating in the Sweepstakes, each entrant fully and unconditionally agrees to be bound by and accepts these Official Rules and the decisions of Gaiam (including, without limitation, decisions regarding eligibility of entries, the selection of winners, and the awarding of prizes), which are final and binding in all respects. All entrants and entries are subject to verification by Gaiam. 4) WINNER SELECTION; NOTIFICATION. One (1) potential Grand Prize winner will be selected by random drawing from among all eligible entries received by Gaiam (excluding first prize or second prize winners, as described below) on or about February 10, 2009. Twelve (12) potential first prize winners and twelve (12) potential second prize winners will be selected by random drawing from among all eligible entries received by Gaiam each Friday during the Entry Period. Each entrant is eligible to win only one prize in this Sweepstakes. Entrants must comply with all terms and conditions of these Official Rules, and winning is contingent upon fulfilling all requirements. Each potential winner will be notified by letter (by postal or overnight delivery) or e-mail. Except where prohibited by law, a potential winner will be required to execute and return to Gaiam an Affidavit of Eligibility and Release (an "Affidavit/Release") in order to claim her/his prize. The Affidavit/Release must be returned to Gaiam by the date and/or time indicated. 5. PRIZES. Grand Prize: Subject to the terms and conditions of these Official Rules, one (1) Grand Prize will be awarded in this Sweepstakes. The Grand Prize includes and is limited to attendance at a Rodney Yee Yoga Retreat ("Retreat") on a date between March 1, 2009 and December 30, 2010, as well as reimbursement of up to $500 for the Grand Prize winner's airfare and/or ground transportation to and from such Retreat, two (2) nights lodging at the Retreat location, and meals while in attendance at the Retreat (excluding alcohol), subject to the limit set forth below. The Grand Prize winner may select from a list of two (2) available Rodney Yee Yoga Retreats in various locations, such list to be provided to the Grand Prize winner by Gaiam. The Grand Prize winner will be responsible for making his or her own airfare and/or ground transportation reservations, and Gaiam will make the lodging reservations. The Grand Prize Winner must submit itemized receipts for all meals, and Gaiam will reimburse the Grand Prize winner for such meals (excluding alcohol), up to the total combined limit of $1,200 for meals and lodging. First Prize: Subject to the terms and conditions of these Official Rules, twelve (12) First Prizes (one each week during the Entry Period) will be awarded in this Sweepstakes. Each First Prize includes and is limited to a complimentary three (3) month membership to the Gaiam Yoga Club plus one 1-gigabyte iPod Shuffle®. Second Prize: Subject to the terms and conditions of these Official Rules, twelve (12) Second Prizes (one each week during the Entry Period) will be awarded in this Sweepstakes. Each Second Prize includes and is limited to a package of 7 Gaiam yoga DVDs, specific titles to be selected by Gaiam in its sole discretion. The approximate retail value of the Grand Prize is $2,400. The approximate retail value of each First Prize is $110. The approximate retail value of each Second Prize is $100. The combined approximate retail value of all Prizes is $4,920. Limit: one (1) prize per person or e-mail address. Prizes must be accepted as awarded, and prizes are awarded "AS IS" with no warranty, representation, or guarantee, express or implied, made by Gaiam or for which Gaiam shall be liable, including, without limitation, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. No substitution, assignment or transfer of any prize is permitted by a winner, however, Gaiam.com reserves the right to substitute prizes in its sole discretion. Except as expressly provided herein, each winner is solely responsible for any and all costs, fees, taxes and expenses associated with prize receipt and use, including, without limitation, all federal, state and local taxes on the prize. 6. PUBLICITY. Except where prohibited by law, participation in the Sweepstakes constitutes each winner's consent to Gaiam's use of such winner's name, biography, likeness, voice, photographs, video, opinions, hometown, state and country for promotional purposes in any manner or media (including, without limitation, online), worldwide, in perpetuity, and without further payment, consideration or consent. 7. GENERAL CONDITIONS. Gaiam reserves the right, in its sole discretion, to terminate, modify or suspend the Sweepstakes for any reason. Gaiam will terminate, modify or suspend the Sweepstakes if, in Gaiam's opinion, there is any suspected or actual evidence of electronic or non-electronic tampering with any portion of the Sweepstakes, or if viruses, bugs, unauthorized intervention, fraud, technical difficulties or failures, or any other factor beyond Gaiam's reasonable control corrupt or affect the administration, security, fairness, integrity or proper conduct of the Sweepstakes. In such event, Gaiam reserves the right in its sole discretion to award the prizes as described above from among eligible, non-suspect entries received up to the time of suspected impairment. Gaiam 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 to be acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately damage any website or undermine the legitimate operation of this Sweepstakes is a violation of criminal and civil laws, and, should such an attempt be made, Gaiam reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. Gaiam's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. 8. RELEASE. By entering, each entrant forever and irrevocably releases, and will indemnify and hold harmless Gaiam, its parents, subsidiaries and affiliates, and all of their respective employees, officers, directors, shareholders and agents from and against all claims, damages or liabilities arising in whole or in part, directly or indirectly, from entrant's participation and/or entry in the Sweepstakes and/or entrant's award, receipt or use of any prize awarded in the Sweepstakes. 9. LIMITATIONS OF LIABILITY. Gaiam is not responsible for: (a) incorrect or inaccurate transcription of entry information or late, lost, stolen, unintelligible, illegible, damaged, mutilated, altered, incomplete, misdirected or postage due entries, or entries received through impermissible or illegitimate channels, all of which will be disqualified; (b) technical failures of any kind, including but not limited to the malfunctioning of any telephone, computer online system, computer equipment, website, server provider, network, hardware or software; (c) the unavailability or inaccessibility of any website or service; (d) unauthorized intervention in any part of the entry process or the Sweepstakes; (e) printing, typographical, electronic or human errors which may occur in the offer or administration of the Sweepstakes or the processing of entries; or (f) any injury or damage to persons or property, including but not limited to entrant's computer, which may be caused, directly or indirectly, in whole or in part, from entrant's participation in the Sweepstakes, or from viewing, playing or downloading any material from any of Gaiam's websites, regardless of whether the material was prepared by Gaiam or a third party, and regardless of whether the material is connected to any of Gaiam's websites by a hypertext link. 10. DISPUTES. Entrant agrees that: (a) any and all disputes, claims, and causes of action arising out of or connected with this Sweepstakes, or any prizes awarded shall be resolved individually, without resort to any form of class action, and solely and exclusively in a federal or state court located in the City and County of Denver, Colorado; entrant submits to sole and exclusive personal jurisdiction to said courts in the State of Colorado for any such dispute and irrevocably waives any and all rights to object to such jurisdiction; (b) any and all claims, judgments, and awards shall be limited to actual out of pocket costs incurred, including costs associated with entering this Sweepstakes but in no event attorneys' fees; and (c) 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 LIMITATION 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 entrant or Gaiam in connection with the Sweepstakes shall be governed by, and construed in accordance with, the laws of the State of Colorado, without giving effect to any choice of law or conflict of law rules of provisions (whether of the State of Colorado, the United States, or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Colorado. 11. OFFICIAL RULES. These Official Rules are available at the Sweepstakes section of the Gaiam Life Website, or by sending a self-addressed, postage-stamped envelope to "Gaiam ConcentratiOm Yoga Game Sweepstakes" 833 W South Boulder Rd., Louisville, CO 80027. 13. WINNER'S LIST. To request a list of winners, send a self-addressed, postage-stamped envelope to "Gaiam ConcentratiOm Yoga Game Sweepstakes - Winner List Request," 833 W South Boulder Rd., Louisville, CO 80027. Requests must be received by April 1, 2009. 14. SPONSOR. The sponsor of the Sweepstakes is Gaiam, Inc., and the address at which Gaiam may be contacted is Gaiam, Inc., 833 W South Boulder Rd., Louisville, CO 80027. |