My Points Pot O'luck IWG 3/1/09-3/31/09
Pot O'Luck Progressive Jackpot
NO PURCHASE NECESSARY. PURCHASE OR ACCUMULATION OF REWARD POINTS DOES NOT IMPROVE ONE'S CHANCE OF WINNING. THE POT O' LUCK PROGRESSIVE JACKPOT IS AN INSTANT WIN GAME. Void in Quebec and where prohibited. Open to permanent legal residents of the 50 states of the U.S., D.C. or Canada (excluding Quebec), who are MyPoints members in good standing and who are 18 years of age or older as of the date of entry. Ends 11:59 p.m. (PT) on 3/31/2009. For details/Official Rules click here. Prize restrictions apply.
Pot O'Luck Progressive Jackpot
NO PURCHASE NECESSARY.
PURCHASE OR ACCUMULATION OF REWARD POINTS DOES NOT IMPROVE ONE'S CHANCE OF WINNING.
THE POT O' LUCK PROGRESSIVE JACKPOT IS AN INSTANT WIN GAME
THIS INSTANT WIN GAME IS OFFERED ONLY IN THE 50 STATES OF THE U.S. D.C., AND CANADA (EXCLUDING QUEBEC) AND IS INTENDED FOR PARTICIPATION IN THOSE AREAS ONLY. VOID IN THE PROVINCE OF QUEBEC, CANADA, GUAM, PUERTO RICO AND ALL OTHER U.S. TERRITORIES AND POSSESSIONS, AND WHERE PROHIBITED BY LAW.
1. Instant Win Game Description: The Pot O'Luck Progressive Jackpot ("Instant Win Game") begins on March 1, 2009 at 12:01 a.m. Pacific Time ("PT") and ends on March 31, 2009 at 11:59 p.m. (PT) ("Promotion Period"). Participants have the opportunity to play for a chance to win award points online from MyPoints.com ("Points"), redeemable at participating MyPoints.com's affiliated online retailers depending on the number of Points the Instant Win Game contains at the time of the winning Pot O'Luck play(s) (as described below). Pacific Time shall control for all purposes of this Instant Win Game. Sponsor's computer shall be the official clock for purposes of the Instant Win Game.
2. Eligibility: The Instant Win Game is only open to permanent legal residents of the 50 states of the U.S., Washington D.C. (excluding Guam, Puerto Rico, and all other U.S. territories and possessions) and Canada (excluding the province of Quebec) who are physically located therein; who are 18 years of age or older as of the date of entry; and who are members of MyPoints.com in good standing. Participants must have either a valid social security number and/or a valid U.S. personal tax identification number. Employees of MyPoints.com, Inc. ("Sponsor"), United Online, Inc., NetZero, Inc., Juno Online Services, Classmates.com, PhotoSite, MySite.com, FreeInternet.com, FTD.com, Instant Win Game administrator, their advertising or promotion agencies, those involved in the production, design, development, implementation or handling of the Instant Win Game, prize supplier, any agents acting for, or on behalf of the above entities, their respective parent, subsidiary, and related companies, officers, directors, subsidiaries, affiliates, licensees, service providers, any other person or entity associated with the Instant Win Game (collectively "Instant Win Game Entities"), members of their immediate families (spouses, children, siblings, parents), and/or persons living in the same household as such persons, whether or not related, are ineligible to participate in the Instant Win Game.
3. How to Play: To play the Pot O'Luck Progressive Jackpot ("Pot O'Luck"), potential participants must first be a registered user of MyPoints.com. To enter as a registered member of MyPoints.com, visit http://www.mypoints.com ("Web Site"); log in with your User I.D. and Password, then select the "Start" button. The game begins when icons that look like clovers, horseshoes, coins and flags begin raining on the Leprechaun. The goal is for the player to catch as many icons images as possible and place into the "Pot." by using the left and right arrow keys. At the end of the game, a score will be calculated to see how many game play points the player made by collecting the clovers, horseshoes, coins and flags. If a player caught the lucky four-leaf clover he/she will be the instant winner of a Progressive Jackpot (subject to verification and participant's full compliance with the Official Rules). Potential Pot O'Luck prize Point(s) results will be instantly displayed. If a player did not catch the lucky four-leaf clover, a message will be displayed stating his/her score (for game play purposes only) and invite the participant to play again during the Promotion Period. Members can play more than once in one day, by hitting the "Play Again" button, but only the first game play per day will count for the Progressive Jackpot. Subsequent plays per day will not result in prize. The Points value of the Pot O'Luck Progressive Jackpot increases based on the number of players, the number of Points available and the number of times a Progressive Jackpot winning time is not awarded, making it "progressive." If a potential participant is not already a member of MyPoints.com, he/she must complete member registration on the Web Site and provide the following information: First Name, Last Name, Email Address, Date of Birth, Zip/Postal Code, Gender and choice of Password (collectively, "Registration Information"). There is no fee to register. All Registration Information must be completed in full. Once a member registration is complete, follow the instructions to play the Pot O'Luck as stated above. If a participant is a resident of a jurisdiction that deems him/her to be a minor (residents of Alabama or Nebraska between 18-19 years of age or residents of Pennsylvania or Mississippi who are between 18-21 years of age), he/she must obtain parental/legal guardian consent prior to entering or submitting any personally identifiable information. Participants can only register and participate in the Pot O'Luck under one email address. Multiple registrations will result in disqualification. Once an email address has been registered by a member/participant, that email address cannot be used by any other member/person for the Instant Win Game (or to register at Web Site). Only the account holder registered under a particular email address may participate in the Instant Win Game. Pot O'Luck play(s) must be received and recorded by the Sponsor's Instant Win Game computer by 11:59 p.m. PT on March 31, 2009. Limit one (1) Pot O'Luck Progressive Jackpot (resulting in a winning or non-winning or non-winning game play) per person/member/email address/member registration per day during the Promotion Period. A day begins at 12:01 a.m. PT and ends at 11:59 p.m. PT on the same day. Any attempt by a member to obtain more than the stated number of Pot O'Luck plays by using multiple/different email addresses, identities, member registrations and logins, or any other methods will void that member's Pot O'Luck play(s) and that member may be disqualified. Potential winners of the Pot O'Luck may check or verify potential MyPoints prize status by logging in to his/her MyPoints account and checking the "Points Balance" section for "Pending Points" (subject to verification). Once Sponsor has verified winner(s) Pot O'Luck play(s), the Points awarded in member's account will be moved from "Pending Points" to "Available to Redeem" which may take up to a 30 to 90 day period. Proof of delivery, receipt or results of a Pot O'Luck play will not be deemed by Sponsor as proof of receipt or prize award by Sponsor. All potential winners are subject to verification before any Points prize will be awarded. Any attempted form of participation in the Pot O'Luck other than as described herein is void. Instant Win Game Entities (as defined below) are not responsible or liable for member and/or Registration Information and/or Pot O'Luck play(s) that are incorrect, inaccurate, destroyed, incomplete, lost, misdirected, forged, damaged, tampered with, or otherwise not in compliance with these Official Rules and all such Pot O'Luck play(s) will be disqualified. If, for any reason, the Instant Win Game is not capable of running as originally planned, including without limitation, problems with receiving Registration Information, Pot O'Luck play(s), tampering or infection by computer virus, any technical malfunctions of the telephone network, computer online system, computer dating mechanism, computer equipment, software, or any combination thereof, Sponsor at its sole discretion, reserves the right to cancel, suspend or modify the Instant Win Game and conduct the awarding of the Jackpots (as defined and described below in section 4, from all salvageable and eligible Pot O'Luck play(s) received prior to and/or after (as appropriate) the action taken by Sponsor. A participant is not a winner of any Points prize, even if the Leprechaun makes it to the Pot O'Luck unless and until participant's eligibility has been verified in accordance with these Official Rules and MyPoints Terms and Conditions policy located at http://www.mypoints.com/emp/u/terms.vm . Any Pot O'Luck play that occurs after the system has been compromised or failed for any reason is deemed a defective Pot O'Luck play and is void and will not be deemed a winning Pot O'Luck play and will not result in the award of any Points prize. Once submitted, Pot O'Luck play(s)/results and Registration Information will not be returned and become the sole property of Sponsor. For the purposes of this Instant Win Game, the term "progressive" refers to the fact that the Jackpot will continue to grow from 10,000 Points up to the Points number at the potential winning time the Pot O'Luck is played.
4. Prizes/Odds of Winning: Progressive Jackpot Prizes: Up to two hundred and fifty (250) Jackpot Winners: Each Jackpot Prize winner will receive MyPoints.com Points, redeemable at participating MyPoints affiliated retailers depending on what number of Points the Jackpot contained at the time of the winning Instant Win Game play. The Points in the Jackpot Prize will start at 10,000 Points. Six million two-hundred fifty thousand (6,250,000) Points are available for the Progressive Jackpot. The minimum number of Points per Jackpot Prize is 10,000 and the average maximum number of Points available for an individual Jackpot Prize is up to 25,000 which results in the average Approximate Retail Value ("ARV") of each Jackpot Pot prize as $195, however, the Jackpot may be higher or lower ("Jackpot Prize"). Total ARV of all Jackpot Prizes: $48,750. Odds of winning a Jackpot Prize depends on the number of eligible Pot O' Luck plays that land on or about the predetermined randomly generated winning times and the number of Points available. Prizes are redeemable at participating MyPoints affiliated retailers listed at http://www.mypoints.com/emp/u/allRewards.vm , are non-transferable and no cash equivalent will be awarded. All winners are solely responsible for all costs, incidentals, and any other expenses not specifically mentioned as being included. No substitution, transfer, or redemption of prizes for cash. Winners who have accumulated a total prize value of $600 USD or more will be solely responsible for all taxes on his/her prize(s) and may receive an IRS Form 1099 for the year in which the prize(s) is awarded from the Sponsor for the total ARV noted in these rules. Instant Win Game administrator is not the supplier or guarantor of any prize.
5. Determination of Progressive Jackpot Winners: Two hundred and fifty (250), randomly computer-generated winning times will be generated during the Promotion Period and distributed so each day has at least one computer-generated winning time ("Winning Instant Win Times"). . When a participant is the first player to play the Pot O'Luck at one of the randomly generated times, and Leprechaun lands on the Pot O'Luck, he/she will be a potential instant winner of a Jackpot Prize indicated at that time. The number of Jackpot Prizes awarded during the Promotion Period will be randomly generated among the 250 available Jackpot Prizes to determine the number of Points to be awarded per Jackpot Prize. A PARTICIPANT IS NOT A WINNER OF ANY JACKPOT PRIZE, EVEN IF THE GAME SHOULD SO INDICATE, UNLESS AND UNTIL MEMBER'S ELIGIBILITY, AND POTENTIAL WINNER STATUS HAS BEEN VERIFIED AND PARTICIPANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE BY MYPOINTS.COM POINTS WHEN CREDITED TO MEMBER'S ACCOUNT. SPONSOR WILL NOT ACCEPT SCREEN SHOTS OR OTHER EVIDENCE OF WINNING IN LIEU OF ITS VALIDATION PROCESS. ANY GAME PLAY THAT OCCURS AFTER THE SYSTEM HAS FAILED FOR ANY REASON IS DEEMED A DEFECTIVE POT O'LUCK PLAY AND IS VOID AND WILL NOT BE HONORED. If all two hundred fifty (250) Jackpot Prizes have been awarded prior to the end of the Promotion Period, a message stating such will be clearly posted on the Web Site and no additional Jackpot Prizes will be awarded. If the number of participants results in a low number of Pot O'Luck plays, the remaining Jackpot Prizes will be awarded in a second chance drawing as described below.
6. Drawing and Notification: Instant Win Game administrator will conduct a random drawing among all eligible participants (individuals who logged in and who clicked on the "Start" button) to award any remaining Points if and only if, there are less than 250 Jackpot Prize winners on or about April 10, 2009 ("Second Chance Drawing"). The Points awarded to each Second Chance winner depends on the number of prizes outstanding and the number of Points unawarded. These outstanding Points will be distributed evenly among the number of Second Chance Drawing winners. All potential winners (or his/her parent/legal guardian, if a potential winner(s) is a resident of a jurisdiction that deems him/her a minor) who were awarded a Jackpot Prize(s), that accumulated a value of $600 or more, may be notified by email and/or telephone using the information provided on his/her MyPoints member account on or about April 10, 2009 and may be required to respond to the prize notification email within three (3) business days with the information requested by Sponsor and/or Instant Win Game administrator, or he/she may be disqualified, and his/her prize(s) forfeited. Potential winners of prizes that have an ARV of less than $600, will receive a notification from Sponsor by awarding the prize Points into that members "Pending Points" account (subject to verification in accordance with the Official Rules). All potential winners of Jackpot Prizes that have an ARV of $25 or more, must provide his/her complete name and home address (if not already available on his/her member registration), to the Sponsor and/or Instant Win Game administrator and will be required to respond to the prize notification email with this information within three (3) business days with the information requested by Instant Win Game administrator, or he/she may be disqualified, and his/her prize(s) forfeited. Verification is complete when Points appear in member's "Available to Redeem" account. If a Canadian resident is selected as a potential winner, he/she must correctly answer a time based, mathematical skill-testing question administered by phone/email to be eligible for any prize and will be required to respond to the prize notification email within three (3) business days or he/she may be disqualified, and his/her prize(s) forfeited. If a potential winner cannot be reached after a reasonable effort has been exerted, if he/she is found to be ineligible, if he/she cannot or does not comply with these Official Rules, and/or if his/her email prize notification is returned as undeliverable, or he/she does not reply to the email prize notification within the specified date and time, such potential winner will be disqualified and his/her Prize(s) forfeited at Sponsor's sole discretion. MyPoints members are solely responsible for updating Registration Information for their member account.
8. Additional Terms and Disclaimers: Instant Win Game Entities are not responsible or liable for Pot O'Luck plays that are entered by other than human means (such as by an automated computer program or any non-human mechanism, entity, or device), in excess of the stated limits, or for Game plays that are illegible, late, destroyed, lost, misplaced, stolen, misdirected, tampered with, incomplete, deleted, damaged, or otherwise not in compliance with these Official Rules and all such Pot O'Luck plays will be disqualified. Use of any automated system to participate is prohibited and will result in disqualification. Sponsor reserves the right to suspend, cancel or modify the Instant Win Game if fraud, misconduct or technical failures destroy the integrity of the Instant Win Game; or if a computer virus, bug, or other technical problem corrupts the administration, security, or proper administration of the Instant Win Game as determined by Sponsor in its sole discretion. Sponsor reserves the right, at its sole discretion, to disqualify any individual it finds to be tampering with the entry process, game play(s) or the operation of the Instant Win Game (including, but not limited to, the use of automated computer programs or any non-human mechanism, entity, or device), the Web Site, or any Web page or Web banner ad related to the Instant Win Game; 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. Sponsor reserves the right to cancel a MyPoints member account if fraud or misconduct is determined by Sponsor. In the event of suspension/modification/termination of the Instant Win Game, a notice will be posted at Web Site. Sponsor reserves the right to cancel, suspend and/or modify the Instant Win Game, or any part of it, if any fraud, technical failures or any other factor beyond Sponsor's reasonable control impairs the integrity or proper functioning of the Instant Win Game as determined by Sponsor in its sole discretion who reserves the right to award the remaining prizes at random in a Second Chance Drawing from among the eligible participants up to the time of the malfunction/impairment. If for any reason a participant's winning Pot O'Luck play is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, participant's sole remedy is another Pot O'Luck play, provided that if it is not possible to award another Pot O'Luck play due to discontinuance of the Instant Win Game, or any part of it, for any reason, Sponsor, at its discretion, may elect to hold a random drawing from among all eligible Pot O'Luck plays received up to the date of discontinuance for any or all of the prizes offered herein. Any person attempting to forge or tamper with the Instant Win Game or otherwise defraud Sponsor will be prosecuted to the full extent of the law and will be ineligible to win a prize. In the event that production, seeding, internet, computer programming, technical problems or other errors cause potential Instant Win Game on-screen winning notices to be issued to participants for more than the stated number of Jackpot Prizes, Sponsor reserves the right to award only the stated number of such Jackpot Prizes by random drawing from among all eligible claimants for prizes in such affected prize level category. Sponsor reserves the right to cancel Game due to technical, programming, computer, internet or any other error(s). Only the advertised number of Jackpot Prizes as stated in these Rules is available to be won in this Instant Win Game. Sponsor's records with respect to all Instant Win Game matters including, without limitation, the determination of which participants properly received on-screen notification of their status as potential winners of Instant Win Game Jackpot Prizes shall be final, conclusive and binding. By participating, members (if a minor, his/her parent/legal guardian) agree to release, discharge and hold harmless Instant Win Game Entities from losses/injuries of any kind, including personal injury and/or death, resulting from participation in the Instant Win Game, including but not limited to disputes; acceptance/possession, use/misuse of prizes by prize winners; delivery delays of prizes; human error; incorrect or inaccurate transcription of Pot O'Luck plays/Member/Account/Registration Information; any technical malfunctions of the telephone network, computer online system, computer dating mechanism, computer equipment, software, or internet service provider utilized by the Instant Win Game or participant; interruption or inability to access the Instant Win Game, Web Site, or any online service via the internet due to hardware or software compatibility problems; any damage to participant's (or any third person's) computer and/or its contents related to or resulting from any part of the Instant Win Game; any lost/delayed data transmissions, omissions, interruptions, defects; and/or any other errors or malfunctions, including, but not limited to, in the case of a Canadian winner, disputes over answer to mathematical skill test question, even if caused by the negligence of one of the Instant Win Game Entities. Each participant further agrees to indemnify and hold harmless the Instant Win Game Entities from any and all liability resulting or arising from the Instant Win Game and to release all rights to bring any claim, action or proceeding against the Instant Win Game Entities. Instant Win Game Entities are also not responsible for any typographical or other error contained in the Official Rules. Return of any prize notification as undeliverable may result in forfeiture and/or disqualification of winners at Sponsor's sole discretion. Members are subject to the MyPoints Terms and Conditions policy located at http://www.mypoints.com/emp/u/terms.vm . In the event of a dispute as to any registration, player or Pot O'Luck play, the authorized account holder of the email address used to register will be deemed to be the registrant, entrant or player. The "authorized account holder" is the natural person assigned an email address by an internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Said entrant/authorized account holder/owner must comply with these Official Rules and, at Sponsor's sole discretion, may be required to show proof of being the authorized account holder. The failure of Sponsor to comply with any provision of these Official Rules due to an act of God, hurricane, war, fire, riot, earthquake, terrorism, act of public enemies, actions of governmental authorities outside of the control of Sponsor (excepting compliance with applicable codes and regulations) or other force majeure event will not be considered a breach of these Official Rules. Sponsor is not responsible for any typographical, printing or other inadvertent errors in these Official Rules or in any other materials relating to the Instant Win Game.
9. GOVERNING LAW, JURISDICTION, ARBITRATION: Any controversy or claim arising out of or relating to (i) the Instant Win Game (including without limitation, its administration or technical functionality), (ii) the awarding or redemption of a prize and/or (iii) the determination of the scope or applicability of these Official Rules or their enforcement or interpretation, shall be governed by and construed in accordance with the substantive laws of the State of California without giving effect to any choice of law or conflict of law rules. Any controversy or claim arising out of or relating to this Agreement, its enforcement, arbitrability or interpretation shall be submitted to final and binding arbitration, to be held in Los Angeles County, California before a single arbitrator, in accordance with California Code of Civil Procedure §§ 1280 et seq. The arbitrator shall be selected by mutual agreement of the parties or, if the parties cannot agree, then by striking from a list of arbitrators supplied by the American Arbitration Association or JAMS/Endispute. The arbitration shall be a confidential proceeding, closed to the general public. The arbitrator shall issue a written opinion stating the essential findings and conclusions upon which the arbitrator's award is based. The parties will share equally in payment of the arbitrator's fees and arbitration expenses and any other costs unique to the arbitration hearing (recognizing that each side bears its own deposition, witness, expert and attorneys' fees and other expenses to the same extent as if the matter were being heard in court). Nothing in this paragraph shall affect the ability of Sponsor or any of its affiliates to seek from a court injunctive or equitable relief at any time. Entrant agrees that his/her claim will be resolved individually, exclusively by arbitration, without resort to any form of class action. Entrant further agrees that any claim/judgment/award in such arbitration shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in the Instant Win Game but in no event attorneys' fees; and, under no circumstances, will an entrant be entitled to 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 increased. Should any term of this Section be deemed void, unenforceable or contrary to law, such term shall, but only to the extent necessary to bring this Section within the requirements of law, be deemed to be severed from the other terms of these Official Rules, and the remainder of these Official Rules shall be given effect as if it had not included the severed term herein. THE PARTIES HEREBY WAIVE THEIR RIGHT TO JURY TRIAL WITH RESPECT TO ALL CLAIMS AND ISSUES ARISING OUT OF OR RELATING TO THIS AGREEMENT WHETHER SOUNDING IN CONTRACT OR TORT, AND INCLUDING ANY CLAIM FOR FRAUDULENT INDUCEMENT THEREOF.
10. Rules/Winners List: To receive the winners names of prizes valued at $25 or more, or an additional copy of these Official Rules, send a self-addressed stamped envelope to: Pot O'Luck Progressive Jackpot, "Rules"/"Winners List" (specify which), P.O. Box 6375, Burbank, CA 91510. Requests must be received by May 29, 2009. Official Rules will also be accessible on the Web Site. Winners' names may also be posted on the Web Site.
11. SPONSOR: This promotion is sponsored by MyPoints.com, Inc., 525 Market Street, Suite 3400, San Francisco, CA 94105.
Official Rules ©2009 ESG. All rights reserved.