Advertisers Clearinghouse™ Terms and Conditions

Advertisers Clearinghouse™ TERMS AND CONDITIONS

PRIZEAMERICA™ $5,000 HOURLY PROMOTION
OFFICIAL CONTEST RULES

The Advertisers Clearinghouse $5,000 Hourly Promotion (the "Promotion") is sponsored by PrizeAmerica™, Inc. d/b/a Advertisers Clearinghouse (the "Company"). By entering the Promotion, you agree to comply with and be bound by the following official Contest rules (the "Rules"). Please review the Rules carefully. If you do not agree to the Rules in their entirety, you are not permitted to enter the Promotion.

1.	NO PURCHASE NECESSARY TO ENTER OR WIN. PURCHASE WILL NOT INCREASE THE ODDS OF WINNING.
2.	ELIGIBILITY. The Promotion is open to legal residents of the United States and the District of Columbia, living in the United States or the District of Columbia who are at least 18 years of age. The Promotion is void in Puerto Rico and Rhode Island and in any other jurisdiction where the Promotion is prohibited or otherwise restricted by law, rule or regulation. Employees, officers and directors of the Company, Traffix, Inc.("Traffix"), each of their legal representatives, and each of their respective affiliates, parents, subsidiaries, advertising, promotional, fulfillment and marketing agencies, their immediate families (and those living in the same households) are not eligible to enter the Promotion. Contestants wishing to obtain a copy of these Rules may request a printed copy by writing to: Advertisers Clearinghouse, Advertisers Clearinghouse, $5,000 Hourly Prize Promotion, 1 Blue Hill Plaza, 5th Floor, Pearl River, New York 10965.
3.	HOW TO ENTER. Contestants may enter by clicking on the link provided in the e-mail message received by him or her from Advertisers Clearinghouse, or by visiting http://adc.aavalue.com, and completing the online registration form for that hour's $5,000 drawing. Each contestant must include his/her correct and verifiable name, postal address, phone number, date of birth and e-mail address in the registration form. Contestants must update this information, as necessary, to remain eligible to win. There will be a new drawing each hour. In order to be eligible to win each hour's drawing, you must register each hour. Registrations will not carry over from hour-to-hour. All entries must be received by fifty-nine (59) minutes and fifty-nine (59) seconds past the hour (e.g., for a 4 p.m. drawing, all entries must be received by 3:59:59 p.m.) in order to be eligible for that hour's drawing. Only one entry per contestant per hour will be eligible for that hour's drawing. Entries will be accepted every day, including legal holidays. By registering for the Promotion, contestants are also opting-in to become registered members of Advertisers Clearinghouse, and agree to accept e-mail messages from Advertisers Clearinghouse, and its respective advertising affiliates (hereinafter referred to as "Advertisers"). See Section 8 hereinbelow for detailed information concerning Advertisers Clearinghouse's privacy policy.
4.	HOW TO WIN. Each and every hour during the Contest period, one (1) winner will be randomly selected from among the list of e-mail addresses in the Promotion Database. The Promotion Database is defined as the current list of previously registered members of Advertisers Clearinghouse and its affiliates, and all other non-member contestants who registered in that hour. All winners will be notified via e-mail within two (2) weeks after the winners are chosen (contestants should ensure that their contact information is accurate and up to date). Winners are subject to eligibility verification. Winners will be required to execute and return a notarized Affidavit of Eligibility and Liability/Publicity Release within fourteen (14) days following attempted notification. Non-compliance within this time period may result in forfeiture of the applicable prize. Winners will be required to provide picture proof of identification, which may include a driver's license, passport, voting card or similar government issued identification. Return of any prize/prize notification as undeliverable may result in forfeiture. In no case shall the Company be liable in any manner where a winner has not received notification sent from the Company or where the Company fails to receive a response from the winner within the required response period. See Section 5 hereinbelow for a detailed prize description.
5.	PRIZE DESCRIPTION. Each $5,000 prize is payable by check.
6.	ODDS OF WINNING. The odds of winning any given hourly drawing depend on the number of registrants in the Database, as defined in Section 4 hereinabove, at the close of the applicable hourly entry period.
7.	LIMITED TIME ONLY. The Contest period begins July 9, 2004 and ends November 8, 2008.
8.	PRIVACY STATEMENT. For a thorough recital of Advertisers Clearinghouse's Privacy Policy please click here or return to the Advertisers Clearinghouse homepage.
9.	WINNERS LIST. To receive a list of winners, send a self addressed stamped envelope to: Advertisers Clearinghouse, Advertisers Clearinghouse $5,000 Hourly Prize Promotion, 1 Blue Hill Plaza, Pearl River, New York 10965.
10.	TAX INFORMATION. Federal, state and local taxes, and all similar fees and assessments, are the responsibility of the winner. Advertisers Clearinghouse reserves the right to withhold taxes from each winning prize, as appropriate.
11.	NO SUBSTITUTION OF WINNERS. No substitution or transfer of prizes will be accommodated or permitted, other than in Advertisers Clearinghouse's sole discretion.
12.	PUBLICATION. Contest entry constitutes permission for Advertisers Clearinghouse to use contestants' names and likenesses for advertising and promotional purposes without further compensation, except where prohibited by law.
13.	RELEASE. By entering the Contest, each contestant agrees to release and hold harmless PrizeAmerica™, d/b/a Advertisers Clearinghouse, Traffix, each of their legal representatives, their affiliates, subsidiaries, parents, agencies and their respective officers, directors, employees and agents from any and all liability for any injuries, loss or damage of any kind arising from, or in connection with, the Contest including, but not limited to, liability arising from copyright infringement, improper use of likeness, personal injury, death, damages or monetary loss. Restrictions, conditions and limitations apply. By entering, each contestant further agrees that, in the event that there is any conflict or other inconsistency between the Rules and any advertisements, promotional or marketing materials, e-mails or announcements relevant to the Contest, these Rules will govern. Any disputes arising from the Contest shall be governed by and construed in accordance with the laws of the State of New York (without regard to conflict of law principles). Should a dispute arise concerning the Contest, the parties agree to submit their dispute for resolution in the Southern District of New York. Should any part of these Rules be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that Advertisers Clearinghouse's Privacy Policy and/or Terms and Conditions are in conflict or inconsistent with these Rules as they pertain to the Contest, these Rules shall take precedence.
14.	DISQUALIFICATION. PrizeAmerica™, d/b/a Advertisers Clearinghouse, Traffix, each of their legal representatives, their affiliates, subsidiaries, parents, agencies and their respective officers, directors, employees and agents, are not responsible for lost, interrupted or unavailable network server or other connections, miscommunications, failed telephone or computer transmissions or technical failure, lost online entries, jumbled, scrambled or misdirected transmissions, or other error of any kind, whether human, mechanical or electronic. Persons found tampering with or abusing any aspect of the Contest, as solely determined by the judges, will be disqualified. If disqualified for any of the above reasons, Advertisers Clearinghouse reserves the right to terminate contestant's eligibility to participate in the Contest. In the event that any portion of the Contest is compromised by virus, bugs, non-authorized human intervention or other causes beyond the control of Advertisers Clearinghouse which, in the sole opinion of Advertisers Clearinghouse, corrupts, or impairs the administration, security, fairness or proper determination of the Contest, Advertisers Clearinghouse reserves the right, in its sole discretion, to suspend or terminate the Contest or any part of the Contest, or any combination of the above. PrizeAmerica™, d/b/a Advertisers Clearinghouse, Traffix, each of their affiliates, subsidiaries, parents, agencies and their respective officers, directors, employees and agents are not responsible for any problem with entries generated by computer hardware or software malfunction, error or failure, whatever the cause. Advertisers Clearinghouse sole responsibility for any irregular entry is replacement with another entry in a subsequent hourly drawing. If a potential winning entry is made by Internet or other computer entry, that potential winner may be required to provide Advertisers Clearinghouse with proof that the potential winner is the authorized account holder of the electronic mail address associated with the potential winning entry. WebTV users may experience technical problems that may prevent them from registering and/or entering the Contest. As such, Advertisers Clearinghouse hereby further disclaims any responsibility for incomplete WebTV registrations and/or entries.
15.	LEGAL WARNING. Any attempt by any individual, whether or not a contestant, to damage, destroy, tamper with or vandalize the Contest Website, or otherwise interfere with the operation of the Contest, is a violation of criminal and civil law and Advertisers Clearinghouse will diligently pursue any and all remedies in this regard against any offending individual or entity to the fullest extent permissible by law and in equity.

[close window]