SMASH COURT TENNIS™ 3 SWEEPSTAKES OFFICIAL RULES
NO PURCHASE IS NECESSARY. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
SWEEPSTAKES OPEN TO LEGAL RESIDENTS OF THE UNITED STATES (EXCLUDING ALASKA, GUAM, HAWAII AND PUERTO RICO), AND THE DISTRICT OF COLUMBIA, WHO ARE AT LEAST 21 YEARS OF AGE AT TIME OF ENTRY AND CURRENTLY LIVING IN THE UNITED STATES. VOID IN ALASKA, GUAM, HAWAII, PUERTO RICO AND WHERE PROHIBITED BY LAW.
Sponsor: Atari, Inc., 417 Fifth Avenue, New York, New York 10016. ("Sponsor").
Term: The Smash Court Tennis™ 3 Sweepstakes ("Sweepstakes") begins on August 5, 2008 at 9:00 a.m. Central Standard Time (CST) and ends on November 14, 2008 at 5:00 p.m. CST ("Sweepstakes Period").
Eligibility: Sweepstakes is open to all legal residents of the United States (excluding Alaska, Guam, Hawaii and Puerto Rico), and the District of Columbia, who are 21 years of age at the time of entry and currently living in the United States. Employees of GameStop, Inc. (“GameStop”), Atari, Inc. (“Sponsor”), The United States Tennis Association, Wilson Sporting Goods Co. ("Wilson"), and their respective affiliates, parents, subsidiaries, divisions, advertising/promotion agencies, agents and contractors, and members of the immediate families (defined as parents, spouse, children and their spouses, siblings and their spouses) of each are not eligible. Sweepstakes is subject to all local, state and federal laws and regulations. By entering this Sweepstakes, all entrants agree to comply with and be bound by these Official Rules, and to comply with all federal, state and local laws and regulations.
How to Enter: (A) Online Entry. During Sweepstakes Period, go to www.gamestop.com/sct and follow the instructions on how to enter the Sweepstakes. All entries must be received starting at 9:00 a.m. CST on August 5, 2008 and ending on November 14, 2008 at 5:00 p.m. CST. Limit: one (1) online entry per person or e-mail address, regardless of whether a person has more than one e-mail address. Entries with duplicate e-mail addresses are void. The Sponsor is not responsible for lost, late, damaged, incomplete or misdirected entries.
(B) Alternate Method of Entry (Mail-in Entry). Print your name, mailing address (no P.O. Boxes) and phone number on a 3x5-note card or postcard and mail to The Smash Court Tennis™ Sweepstakes, 625 Westport Parkway, Grapevine, TX, 76051. Limit one (1) mail-in entry per person. All entries and requests become the Sponsor’s property and will not be returned or acknowledged. Illegible entries are void. The Sponsor is not responsible for lost, late, damaged, incomplete, misdirected, mutilated, postage due, or entries not received in time for drawing. All entries must be post marked no later than November 14, 2008 and received no later than November 19, 2008 to be eligible.
Proof of sending or submission will not be deemed to be proof of receipt by Sponsor. The use of any device to automate the entry process is prohibited. Illegible or mechanically reproduced entries are not eligible. All entries and requests become the Sponsor’s property and will not be returned or acknowledged.
Prizing: The Sponsor will award one (1) Grand Prize and three (3) First Place Prizes from among all of the eligible entries received during the Sweepstakes Period. The total approximate retail value (ARV) of prizes is $4,990.00.
Grand Prize: One (1) trip for winner and a guest to a major U.S. professional tennis tournament. Prize package includes: (i) two (2) tickets to a major U.S. professional tennis tournament of the winner’s choice (see location list and dates in Winner Selection paragraph) (ARV: $790.00), (ii) roundtrip, coach-class air transportation for two from a major airport near winner’s permanent residence at the time of entry (determined by Sponsor in its sole discretion) to city of the selected tennis tournament (ARV: $2,000.00), (iii) one (1) night accommodations for winner and guest at a hotel determined by Sponsor in its sole discretion (single room, double occupancy) located near tournament location (ARV: $500.00), (iv) ground transportation for winner and guest between airport and hotel and from hotel to tournament location (ARV: $300.00), (v) two (2) Wilson tennis racquets and (2) tennis racquet bags (style and color subject to availability and Sponsor’s sole discretion) (ARV: $580.00), and (vi) one (1) copy of The Smash Court Tennis™ 3 for Xbox 360 (ARV: $40.00). Total ARV of Grand Prize package: $4,210.00.
First Place Prize: Three (3) First Place Prize Winners will each receive one (1) Wilson tennis racquet (style and color subject to availability and Sponsor’s sole discretion) (ARV: $220.00) and one (1) copy of The Smash Court Tennis™ 3 for Xbox 360 (ARV: $40.00). Total ARV of First Place Prize package: $260.00.
Total ARV of All Prizes: $4,990.00. There is no cash substitute and prizes cannot be redeemed for cash. No more than the stated number of prizes will be awarded.
Odds of Winning: The odds of winning depend on the number of eligible entries received. There shall be no substitution or transfer of prizes permitted by winners.
Winner Selection: Potential winners will be selected on or about November 19, 2008 by random drawing conducted by Sponsor or GameStop from among all eligible entries received throughout the Sweepstakes Period. The Grand Prize Winner may select from the following available tennis tournament locations:
- Duluth, GA, December 13, 2008
- San Jose, CA, February 9-15, 2009
- Delray Beach, FL, February 21 - March 1, 2009
- Indian Wells, CA, March 9-22, 2009
- Key Biscayne, FL, March 25 - April 5, 2009
Winner Notification/Prize Restrictions: Winner will be notified by phone and/or by e-mail on or about the drawing date and will be required to sign and return an affidavit of eligibility and a liability/publicity release and W-9 tax form within five (5) calendar days of winner notification. Grand Prize winner's guest will also be required to execute an affidavit of eligibility and a liability/publicity release (except where prohibited) within five (5) calendar days of notification. Grand Prize winner and guest must be 21 years of age or older. If prize notification or prize is returned as undeliverable, the corresponding prize may be awarded to an alternate winner. Failure to return affidavit or otherwise comply with these Official Rules may result in the prize being awarded to an alternate winner. Forfeited prizes may not be awarded. It is the sole responsibility of the entrant to notify the Sponsor in writing if the entrant changes his/her e-mail or home address prior to the selection of winner. Sponsor shall have no liability for any winner notification that is lost, intercepted or not received by a potential winner for any reason. Sponsor is not obligated to leave voice mail, answering machine or other message. Winners’ names may be posted on www.gamestop.com. All entrants, by the submission of their entry, shall be deemed to have represented to Sponsor that they are at least 21 years of age as of the day of entry. In the event of a dispute regarding the identity of the person submitting an electronic entry, the entry will be deemed to be submitted by the "authorized account holder," the person in whose name the e-mail account is registered. "Authorized Account Holder" shall mean the natural person assigned to an e-mail address by an Internet Access provider, on-line 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. Any attempt to defraud or misrepresent the age, name or address by an entrant may be prosecuted to the fullest extent permitted by law. In the event more winner notifications are issued, or more winning prize claims are received, than the number of prizes set forth in these Official Rules due to computer, printing, human or other error or problem, a random drawing will take place from among all eligible prize claims for the prize(s) at issue (or from among all persons so notified) to award the proper number of prizes as set forth in these Official Rules. No more than the number of prizes stated in these Official Rules will be awarded.
Termination: Sponsor reserves the right, in its sole discretion, to change, cancel or suspend this Sweepstakes due to mistakes, errors, or omissions by Sponsor, or should it be compromised by virus, bugs, non-authorized human intervention or other causes beyond the control of the Sponsor, without any compensation or liability whatsoever to any entrant. Sponsor reserves the right, but has no obligation, to select winners at random from among all remaining eligible, non-suspect entries received prior to and/or after such impairment, or in such manner as determined fair and appropriate by Sponsor in its sole discretion.
Prize Restrictions: Limit one (1) prize per individual/household. All prizes are subject to availability. Trip subject to availability and blackout dates. Travel must be roundtrip. Sponsor will determine airline and flight itinerary in its sole discretion. Grand Prize Winner may not make changes to trip itinerary. No refund or compensation will be made in the event of the cancellation or delay of any flight. Prizes are non-transferable, and no substitutions are allowed except by Sponsor, who reserves the right to substitute a prize with one of equal or greater value, should a prize become unavailable for any reason. Tournament tickets are subject to terms and conditions stated on such tickets and additional material restrictions may apply. Travel and accommodations are subject to availability. Winner must have a major credit card or debt card to secure hotel room and to cover hotel incidentals. Travel is subject to the terms and conditions set forth in this Sweepstakes, and those set forth by the Sponsor’s airline carrier of choice as detailed in the passenger ticket contract. All expenses and incidental travel costs not expressly stated in the package description above, including but not limited to, meals, incidentals, passenger tariffs or duties, surcharges, airport fees, service charges or facility charges, personal charges at lodging, security fees, taxes or other expenses are the responsibility solely of each winner. Grand Prize Winner and his/her guest must travel on same itinerary and are responsible for obtaining all required travel documents and identification and for satisfying any applicable requirements. Travel restrictions, conditions and limitations may apply. If in the judgment of Sponsor air travel is not required due to Grand Prize Winner’s proximity to prize location, ground transportation will be substituted for roundtrip air travel at Sponsor’s sole discretion. Sponsor will not replace any lost, mutilated, or stolen tickets, travel vouchers or certificates. Sponsor is not responsible if the tennis tournament is delayed, postponed or cancelled for any reason, in which event that portion of prize is forfeited in its entirety and no substitution will be provided except as in Sponsor’s sole discretion. The values of the prizes set forth above represent the Sponsor’s good faith determination of the ARVs thereof and the actual fair market values, as ultimately determined by Sponsor, cannot be challenged or appealed. In the event the stated ARV of a prize is more than the actual fair market value of that prize, the difference will not be awarded in cash or otherwise. Taxes and any costs associated with the receipt of the prize are the responsibility of the winner. Grand Prize Winner will be issued an IRS 1099 Tax Form for the fair market value of the prize for the year it was awarded to the winner.
Privacy: Any information collected will be subject to GameStop’s Privacy Policy, located at http://www.gamestop.com/gs/help/PrivacyPolicy.aspx. (the "Policy"). By entering the Sweepstakes, you acknowledge that you have agreed to the Policy and you consent to the collection, use and disclosure of your personal information for the purposes of administering this Sweepstakes in accordance with the Policy. If you wish to access or correct your personal information held by GameStop, opt out of receiving further communications from GameStop or its affiliated merchants or companies, or have other questions respecting GameStop’s Privacy Policy, please contact GameStop at help@gamestop.com.
Conduct: By participating, entrants agree to comply with and be bound by these Official Rules. Failure to comply with these Official Rules may result in disqualification from the Sweepstakes. Entrants further agree to comply with and be bound by decisions of Sponsor, which shall be final and binding in all respects. Sponsor reserves the right at its sole discretion to disqualify any individual it finds to be: (a) tampering or attempting to tamper with the entry process or the operation of the Sweepstakes or any web site; (b) violating these Official Rules; (c) violating the terms of service, conditions of use and/or general rules or guidelines of any Sponsor or GameStop property or service; or (d) acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person.
Release and Limitation of Liability. By entering, participants acknowledge compliance with the Official Rules, including eligibility requirements and agree to be bound by these Official Rules and the decisions of the Sponsor and independent judging organization, if any, which shall be final and binding. By entering, participants release and hold harmless Sponsor and GameStop, and each of their respective parent, subsidiaries, affiliates, directors, officers, employees and related entities (collectively, "Releasees") from any and all liability, claims or actions of any kind whatsoever for injuries, damages or losses to persons and property that may be sustained in connection with the receipt, ownership, or use of the prize from or arising out of participation in this Sweepstakes. Releasees make no representations or warranties regarding any awarded product or prize. Sponsor assumes no responsibility or liability for (1) any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries; (2) 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 Sweepstakes; (3) any problems or technical malfunction of any telephone network or telephone lines, computer online systems, servers, or providers, computer equipment, software, failure of any e-mail or entry to be received by Sponsor on account of technical problems, human error or traffic congestion on the Internet or at any web site, or any combination thereof, including any injury or damage to participants or any other person’s computer relating to or resulting from participation in this Sweepstakes or downloading any materials in this Sweepstakes; (4) technical or human error which may occur in 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 Sweepstakes or receipt or use or misuse of any prize. By accepting any prize, each winner consents to use of his/her name, likeness, biographical data and audio and/or video recording of him/her by Releasees for advertising/publicity purposes without further notice, approval or consideration, except where prohibited by law.
CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.
Force Majeure: The failure of the Releasees to comply with any provision of these Official Rules due to an act of god, hurricane, war, fire, riot, earthquake, act of public enemies, actions of governmental authorities outside of the control of the Releasees (excepting compliance with applicable codes and regulations) or other force majeure event will not be considered a breach of these Official Rules.
Disputes: Except where prohibited or otherwise outlined in these Official Rules, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate New York State court; (2) 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 (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby knowingly and expressly waives all rights to claim, indirect, 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. 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 Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of New York, 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.
Winners List: For the list of winners, available after December 31, 2008, or a copy of the Official Rules, send a stamped, self-addressed envelope by February 27, 2009 to The Smash Court Tennis™ 3 Sweepstakes Winners List, Atari Inc., 417 Fifth Avenue, New York, New York 10016. VT residents can exclude return postage. |