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NOTE: This web page is a parody and is protected under the “fair use” exception of U.S. copyright law. The “Cocoa Love” T-shirt Contest, however, is a real contest and at least one winner will receive a Cocoa Love t-shirt under the official rules stated below.
Official Rules for the “Cocoa Love” T-shirt Contest
No Purchase Necessary to enter or win. A Purchase will not Increase Your Chances of Winning.
Affiliations: Tomorrow Sage, this web page and the “Cocoa Love” T-shirt Contest are not affiliated with Apple, Inc., Twitter, American Express or any of their respective subsidiaries. In addition,Tomorrow Sage,this web page and the “Cocoa Love” T-shirt Contest are not affiliated with Conan O'Brien.
1. Eligibility: The “Cocoa Love” T-shirt Contest (the
“Contest”) is open only to individuals who (a) are legal residents of the
fifty (50) United States or District of Columbia, (b) are at least eighteen (18)
years of age or the age of majority in their jurisdiction of residence,
whichever is older, and (c) have a Twitter account. Employees of American
Express Travel Related Services Company, Inc. or other companies associated with
the Contest (including any advertising and promotion agencies), Conan
O'Brien, anyone professionally associated with Conan O'Brien, and their
respective parent companies, affiliates and subsidiaries as well as the
immediate family (spouse, parents, siblings, and children) and household members
of each such employee, whether or not related, are not eligible to enter. The
Contest is subject to all applicable laws and regulations and is void where
prohibited.
2. Sponsor:
The Contest is sponsored by Kevin A. Barnes (aka: Tomorrow Sage), Milwaukee, WI 53202 (“Sponsor”). No other companies, organizations or individuals are affiliated with this Contest.
3. Agreement to Official Rules: By entering the Contest, you indicate your full and unconditional agreement to, and acceptance of, (a) these Official Rules and (b) Sponsor's decisions, which are final and binding. Winning a prize is contingent upon fulfilling all requirements set forth herein.
4. Entry Period: The Contest starts at 10 AM Eastern Time (“ET”) on March 20, 2010 and ends at 11:59 PM ET on March 29, 2010. Sponsor's computer is the official time-keeping device for the Contest.
5. How to Enter: If you don't already follow American Express on Twitter, visit http://twitter.com/TomorrowSage and click on the icon to follow TomorrowSage. Once you have signed up to follow TomorrowSage, you must send the following tweet from your Twitter account during the Entry Period in order to receive one (1) entry: “Hey @TomorrowSage: I want to show my love of Cocoa. Pick me! http://tomorrowsage.com/nx/cocoa.htm #CocoaLuv” There will be one (1) drawing. There is a limit of one (1) entry per person/Twitter account. Multiple entries will not be acknowledged. If you post updates to or receive updates from Twitter via SMS from your wireless phone, your wireless service provider may charge you for each text message you send and receive. Please consult your wireless service provider for more information. All terms and conditions of Twitter.com apply. Multiple entrants are not permitted to share the same Twitter account. Any attempt by any entrant to obtain more than the stated number of entries by using multiple/different Twitter accounts, identities, registrations, or logins, or through any other methods, may void all of that entrant's entries and that entrant may be disqualified. The use of any automated system to enter or subvert the entry process the Contest is prohibited and may result in disqualification. Use the source, Luke.
6. Drawing: After the Entry Period, Sponsor will select one (1) potential winner in a random drawing from all eligible entries. The odds of being selected depend on the number of eligible entries received for the applicable drawing.
7. Notification and Requirements of Potential Winners: Potential winners will be announced via Twitter at or around 12:00 PM ET on March 30, 2010. An individual is not deemed a winner unless and until he/she has complied with these Official Rules regardless of whether he/she has been announced as a winner on Twitter or in any other forum. The Sponsor will also send each potential winner a direct message from @TomorrowSage to the potential winner's Twitter account used to enter the Contest with instructions on how to claim the prize. In order to receive a direct message from Sponsor, you must (a) be following @TomorrowSage and (b) have your account settings set to “unprotected” and/or “public.” If a potential winner does not respond and comply with the instructions in the direct message within 24 hours after Sponsor sent the direct message or is not in compliance with these Official Rules, he/she will forfeit the prize and Sponsor may select an alternate potential winner in his/her place in a random drawing of all eligible entries received for the applicable drawing, if time permits. Except where prohibited, a potential winner may be required to complete and return an affidavit of eligibility and liability/publicity release (the “Affidavit/Release”). If a potential winner fails to sign and return the Affidavit/Release within the required time period, an alternate entrant will be selected in his/her place in a random drawing of all entries received, if time permits. By participating, each winner, except where legally prohibited, grants permission for Sponsor and its designees to announce his/her name on Twitter as a winner and to use his/her name, address (city and state), photograph, voice and/or other likeness and prize information for advertising, trade and promotional purposes without further compensation, in all media now known or hereafter discovered, worldwide in perpetuity, without notice or review or approval.
8. Prizes (one (1) per drawing): The winner will receive one (1) Cocoa Love t-shirt in a size mutually agreed upon by both Sponsor and the winner. The approximate retail value of the prize is $31 (including shipping). The winner is responsible for all federal, state and local taxes, and any and all other costs and expenses associated with prize acceptance and use not listed herein as being provided. Any prize details not specified above will be determined by Sponsor in its sole discretion. The prize is not transferable and must be accepted as awarded. You may not request cash or other substitution; however, the Sponsor reserves the right to substitute a prize with another prize of
comparable or greater value, in its sole discretion.
9. General Conditions: Sponsor reserves the right, in its sole discretion, to suspend, modify or terminate the Contest at any time and for any reason, including, but not limited to, in the event that the operation, security, or administration of the Contest is impaired in any way for any reason, including, but not limited to fraud, virus, unauthorized human intervention or other technical problem. If terminated, Sponsor may, at its discretion, award the prize at random from among all non-suspect, eligible entries received for each drawing up to the time of the impairment. Sponsor reserve the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Contest or to be acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner and void all associated entries. Any attempt by any person to undermine the legitimate operation of the Contest may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages and other remedies (including attorneys' fees) from any such person to the fullest extent permitted by law. Failure by Sponsor to enforce any term of these Official Rules shall not constitute a waiver of that provision. In the event of a dispute as to the owner of any entry, the entry will be deemed to have been made by the authorized account holder of the Twitter user name used to enter and he/she must be eligible according to these Official Rules. An entrant may be required to provide proof that he/she is the authorized account holder of the Twitter user name that was selected.
10. Release and Limitations of Liability: By participating in the Contest, you agree to release and hold harmless Sponsor and its agents (collectively, the “Released Parties”) from and against any claim or cause of action arising, in whole or in part, directly or indirectly, out of participation in the Contest or receipt or use of any prize (including activity-related thereto). Released Parties are not responsible for lost, late, incomplete, inaccurate, stolen, delayed, misdirected, undelivered, or garbled tweets or messages; or for lost, interrupted or unavailable network, server, Internet Service Provider (ISP), website, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties, or other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Contest, including, without limitation, errors or difficulties which may occur in connection with the administration of the Contest, the processing of entries, the announcement of the prizes, or in any Contest-related materials. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by site users, tampering, hacking, or by any equipment or programming associated with or utilized in the Contest. Released Parties are not responsible for injury or damage to participants' or to any other person's computer related to or resulting from participating in this Contest or downloading materials from or use of the website. You agree that in any cause of action, the Released Parties' liability will be limited to the cost of entering and participating in the Contest, and in no event shall the Released Parties be liable for attorney's fees. You waive the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages.
11. Disputes: Except where prohibited, you agree that any and all disputes, claims and causes of action arising out of, or connected with, the Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in Wisconsin. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, your rights and obligations, or the rights and obligations of Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of Wisconsin, without giving effect to any choice of law or conflict of law rules (whether of Wisconsin or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than Wisconsin.
12. Winners List: For the names of the winners (available after March 30, 2010), use Twitter to send a direct message to @TomorrowSage requesting the mailing address for the winners list (“Mailing Address”). Upon receipt of the Mailing Address via a reply direct message from @TomorrowSage,, you will need to send a self-addressed stamped envelope to the Mailing Address for receipt no later than April 7, 2010.
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