NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING. Void where prohibited by law Void in FL, RI, Puerto Rico, the Virgin Islands and U.S. Military installations located in a foreign country. Subject to all federal, state and local laws, regulations, and ordinances. Promotion begins on at 12:00 a.m. Eastern Time ("ET") on September 15, 2008 and ends on October 31, 2008 at 11:59 p.m. ET on (the "Promotion Period").
1. Eligibility: The Fazzino "Get in the Game" contest (the “Promotion”) is open to legal U.S. residents currently residing in the 50 United States including the District of Columbia who are the age of majority or older as of the date of entry, except Void in FL, RI, Puerto Rico, the Virgin Islands and U.S. Military installations located in a foreign country. Employees, officers, and directors of Museum Editions, Inc. and The Sports Museum of America ("Sponsor") or any of their respective parents, affiliates, subsidiaries, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment, and marketing agencies, and members of their immediate families (spouses, parents, siblings and children, regardless of where they live) and those living in the same household are not eligible to enter or win. Subject to all applicable federal, state and local laws, regulations, and ordinances. Void where prohibited by law. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and to Sponsor’s decisions, which are final and binding in all matters related to the Promotion. Winning a prize is contingent upon fulfilling all requirements set forth herein. All on-line entrants must have access to the Internet prior to the start of the Promotion. Sponsor reserves the right to verify the eligibility of winners.
2. Sponsor: The sponsor of this giveaway is Museum Editions Inc. the exclusive publisher of Charles Fazzino, 32 Relyea Place, New Rochelle, NY 10801.
3. How to Enter: To enter the Contest, e-mail your answer of at least ten words to the question "What is your favorite sport and why" to
fazzinocollectors.com, or mail it to, 32 Relyea Place, New Rochelle, NY 10801. All entries become the property of Sponsor when submitted and will not be returned to entrant. You can also enter by submitting your answer in writing or by sending in a post card. When submitting the answer or entering by post card, you must provide your first and last name, address, city, state, ZIP Code, telephone number and e-mail address. You may also be asked to answer optional questions and/or register for future notices of online promotions; however, you need not answer these questions or agree to receive future e-mails in order to be eligible for the Contest. Proof of sending or submission will not be deemed to be proof of receipt by Sponsor. You must complete all required information to be eligible to enter. Incomplete, illegible, corrupted or untimely entries are void and will be disqualified. LIMIT ONE ENTRY PER PERSON. ADDITIONAL ENTRIES WILL BE DISQUALIFIED.
By entering, each entrant warrants and represents that his/her entry (and Sponsor’s and its designees’ use thereof) does not violate the rights of any third party and does not and will not violate any federal, state or local laws or ordinances. Entrants agree that Sponsor shall own the entries (and all material embodied therein), which entries will not be acknowledged or returned, and that Sponsor and its designees shall have the perpetual, worldwide right to edit, publish and use the entries in any way and in any media for trade, advertising, promotional and/or other purposes as Sponsor and/or its designees may determine without further consideration to entrants or any third party. Sponsor is not responsible for lost, late, incomplete, damaged, stolen, misdirected, or illegible entries; lost, interrupted, or unavailable network, server, or other connections; or miscommunications, computer or software malfunctions, telephone transmission problems, technical failures, garbled transmissions, damage to a user's computer equipment (software or hardware), or other errors or malfunctions of any kind whether, human, mechanical, electronic or otherwise. In the event of a dispute regarding entries received from multiple users having the same e-mail account, online entries will be attributed to the authorized account holder of the e-mail address submitted at the time of entry. “Authorized account holder” is defined as the natural person who is assigned to an e-mail address by an Internet access provider, online 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. Entries specifying an invalid, non-working or inactive e-mail address will be disqualified and ineligible to win. Entries must be submitted by the contestant. Automated or bulk entries or entries submitted by third parties will be disqualified. No copies, facsimiles, or mechanical reproductions of the Entry Form will be accepted. Winning entrants may be required to provide Company with proof that the claimed winner is the authorized account holder of the e-mail address associated with the winning entry or forfeit the prize.
Sponsor and Sponsor’s agents, affiliates, subsidiaries, representatives or service providers may use entrants’ and/or referrals’ personal information submitted with entry for purposes of prize fulfillment and/or for future marketing by Sponsor, such as to notify them of a product or promotion that Sponsor thinks may be of interest. Sponsor will not sell personal information submitted with entry to outside solicitors.
4. Selection of Winners: Thirty-Seven (37) winners will be randomly selected from the eligible entrants' correctly emailed answers or submitted post cards. From the pool of winners two grand prize winners will be randomly selected as will ten first prize winners and twenty-five second prize winners. Winners will be notified that they have won by e-mail or telephone and/or overnight mail within seven (7) days of judging.
Potential Winners must continue to comply with all terms and conditions of these Official Rules, and winning is contingent upon fulfilling all requirements in these Official Rules. If the potential Winner does not respond within seven (7) days after the first attempt to contact him/her, that potential Winner will be deemed to have forfeited the prize, and Sponsor will randomly select the alternate potential Winner from the pool, except if it is the grand prize winner then the runner up shall succeed to the grand prize and a new runner up will be selected. Except where legally prohibited, each potential Grand Prize winner must sign and return, within three (3) days of being notified, an Affidavit of Eligibility, Liability & Publicity Release in order to claim his/her prize. If a potential Winner cannot be contacted in person via email, telephone, and/or registered mail after the first attempt to contact him/her, or if he/she fails to sign and return the Affidavit of Eligibility, Liability & Publicity Release or Declaration of Compliance within the required time period), or if potential Winner and his/her companion are unavailable to travel to The Sports Museum of America within the time period specified by the potential winner will be disqualified and an alternate entrant will be selected in his/her place from all eligible entries received in accordance with the Winner Selection Criteria described above.
Verification of Potential Winners: All potential WINNERS are subject to verification by Sponsor, whose decisions are final AND BINDING IN ALL MATTERS RELATED TO THE PROMOTION. An entrant is not a winner of any prize unless and until entrant’s eligibility HAS been verified and entrant has been notified that verification is complete. Winning a prize is contingent upon fulfilling all requirements set forth herein.
5. Prizes: Two Grand Prizes will be awarded. The Grand Prize consists of a Family Four Pack of Season Tickets to the Sports Museum of America and a matted Fazzino limited edition Celebrating the Sports Museum of America print. . Approximate Retail Value (“ARV”) of the Grand Prize is ______. The Ten First Prize Winners will receive two free one-visit passes to the Sports Museum of America and an autographed 18” x 24” poster of Charles Fazzino’s tribute to SmA, Celebrating the Sports Museum of America. Approximate Retail Value (“ARV”) of the Runner up Prize is $______. Twenty-five Second Prize winners will receive an autographed 18” x 24” poster of Charles Fazzino’s tribute to SmA, Celebrating the Sports Museum of America. Approximate Retail Value (“ARV”) of the second runner up prizes is each $40. Total ARV of all prizes to be awarded: _____________. Limit one prize per person and per household.
Prize Restrictions: Any and all applicable federal, state, and local taxes and all fees and expenses related to acceptance and use of prizes not specifically stated herein are the sole responsibility of the individual prize winner. Prize cannot be substituted, assigned, transferred, or redeemed for cash; however, Sponsor reserves the right to make equivalent prize substitutions at its sole discretion. Sponsor will not replace any lost or stolen prizes. Prizes cannot be used in conjunction with any other promotion or offer.
6. General Conditions: This Promotion is governed by the laws of the United States. If, for any reason, the Promotion is not capable of running as planned, Sponsor may, in its sole discretion, void any suspect entries and/or (a) cancel or terminate the Promotion (or any portion thereof); (b) modify the Promotion or suspend the Promotion to address the impairment and then resume the Promotion in a manner that best conforms to the spirit of these Official Rules; or (c) award the prize at random from among the eligible, non-suspect entries received up to the time of the impairment. Sponsor, is not responsible for lost, late, incomplete, damaged, stolen, misdirected, or illegible entries; lost, interrupted, or unavailable network, server, or other connections, garbled transmissions or miscommunications, telephone transmission problems; computer or software malfunctions or damage to a user’s computer equipment (software or hardware); technical failures; or other errors or malfunctions of any kind whether human, mechanical, electronic, or otherwise. Proof of sending or submission of entry will not be deemed proof of receipt by Sponsor [and/or Administrator]. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
WARNING: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEB SITE ASSOCIATED WITH THIS PROMOTION OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAW, AND, SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO PROSECUTE AND SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. Sponsor reserves the right at its sole discretion to disqualify any individual it finds to be attempting to tamper with or undermine the entry process and/or the legitimate operation of the Promotion; to violate the Official Rules; or to act in an unsportsmanlike or disruptive manner or with the intent to annoy, abuse, threaten, or harass any other person.
7. Release and Limitations of Liability: By participating in this promotion, entrants agree that Sponsor[, Administrator] and its affiliates, subsidiaries, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment and marketing agencies, web site providers, web masters, and their respective officers, directors, employees, representatives and agents (the “Released Parties”) are not responsible for: (1) 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 Promotion; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Promotion; (4) technical or human error which may occur in the administration of the Promotion or 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 Promotion or receipt or use or misuse of any prize. If for any reason an entrant's entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another entry in the Promotion, provided that if it is not possible to award another entry due to discontinuance of the Promotion, or any part of it, Sponsor, at its discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any or all of the prizes offered herein. No more than the stated number of prizes will be awarded. In event that production, technical, programming or any other reasons cause more than stated number of prizes as set forth in these Official Rules to be available and/or claimed, Sponsor reserves the right to award only the stated number of prizes the prize from among the eligible, non-suspect entries received up to the time of the impairment in accordance with the Winner Selection Criteria discussed above.
Where permitted by law, winners will be required to sign an affidavit of eligibility and release or forfeit the prize. Except where prohibited by law, winners grant to Sponsor (which grant will be confirmed in writing on request of Sponsor), its parents, affiliates, subsidiaries, consultants, contractors, legal, advertising, public relations, promotional, and fulfillment and marketing agencies, and Web site providers/Web masters and those acting pursuant to its authority, the right and permission to print, publish, broadcast, and use, worldwide in any media now known or hereafter developed, including but not limited to the world wide web, at any time or times, each winner’s name, portrait, picture, voice, likeness, and biographical information for advertising, trade, and promotional purposes (including the announcement of his or her name on television or radio broadcast) without additional consideration, compensation, permission, or notification. Entrants agree that Sponsor shall own the entries, which will not be acknowledged or returned, and that Sponsor and its designees shall have the perpetual, worldwide right to edit, publish, and use the entries in any way and in any media for trade, advertising, promotional, and/or other purposes as Sponsor and/or its designees may determine without further consideration to entrants or any third party. Failure to comply with any of these Official Rules, or return any required releases and related documentation, may result in forfeiture of the prize. Unless otherwise provided in these Official Rules, forfeited and/or unclaimed prizes will be awarded in accordance with the Winner Selection Criteria.
BY PARTICIPATING IN THIS PROMOTION, ENTRANTS AGREE THAT THE RELEASED PARTIES WILL HAVE NO LIABILITY WHATSOEVER FOR, AND SHALL BE HELD HARMLESS BY ENTRANTS AGAINST, ANY LIABILITY FOR ANY INJURIES, LOSSES OR DAMAGES OF ANY KIND TO PERSONS, INCLUDING PERSONAL INJURY OR DEATH, OR PROPERTY RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM ACCEPTANCE, POSSESSION, MISUSE, OR USE OF THE PRIZE, ENTRY, OR PARTICIPATION IN THIS PROMOTION OR IN ANY PROMOTION RELATED ACTIVITY, OR ANY CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION OR INVASION OF PRIVACY, OR MERCHANDISE DELIVERY. THE RELEASED PARTIES ARE NOT RESPONSIBLE IF ANY PRIZE CANNOT BE AWARDED DUE TO TRAVEL CANCELLATIONS, DELAYS, OR INTERRUPTIONS DUE TO ACTS OF GOD, ACTS OF WAR, NATURAL DISASTERS, WEATHER, OR TERRORISM.
WITHOUT LIMITING THE FOREGOING, EVERYTHING REGARDING THIS PROMOTION, INCLUDING ALL PRIZES, ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. CHECK LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
8. Publicity. EXCEPT WHERE PROHIBITED BY LAW, WINNERS GRANT TO (WHICH GRANT WILL BE CONFIRMED IN WRITING ON REQUEST OF SPONSOR), THEIR SUBSIDIARIES, AFFILIATES, RETAILERS, DISTRIBUTORS, ADVERTISING AND PROMOTION AGENCIES, SUPPLIERS, AND THOSE ACTING PURSUANT TO ITS AUTHORITY, THE RIGHT AND PERMISSION TO PRINT, PUBLISH, BROADCAST, AND USE, WORLDWIDE IN ANY MEDIA NOW KNOWN OR HEREAFTER DEVELOPED, INCLUDING BUT NOT LIMITED TO THE WORLD WIDE WEB, AT ANY TIME OR TIMES, EACH WINNER’S NAME, PORTRAIT, PICTURE, VOICE, LIKENESS, AND BIOGRAPHICAL INFORMATION FOR ADVERTISING, TRADE, AND PROMOTIONAL PURPOSES (INCLUDING THE ANNOUNCEMENT OF HIS OR HER NAME ON TELEVISION OR RADIO BROADCAST) WITHOUT ADDITIONAL CONSIDERATION, COMPENSATION, PERMISSION, OR NOTIFICATION. ENTRANTS AGREE THAT SPONSOR SHALL OWN THE ENTRIES, WHICH WILL NOT BE ACKNOWLEDGED OR RETURNED, AND THAT SPONSOR AND ITS DESIGNEES SHALL HAVE THE PERPETUAL, WORLDWIDE RIGHT TO EDIT, PUBLISH, AND USE THE ENTRIES IN ANY WAY AND IN ANY MEDIA FOR TRADE, ADVERTISING, PROMOTIONAL, AND/OR OTHER PURPOSES AS SPONSOR AND/OR ITS DESIGNEES MAY DETERMINE WITHOUT FURTHER CONSIDERATION TO ENTRANTS OR ANY THIRD PARTY.
9. Disputes. Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Promotion or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the Southern District of New York or the appropriate State Court located in New York City, NY; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Promotion, but in no event attorneys’ fees; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby 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 Promotion, 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.
10. Privacy: Information collected from entrants is subject to the Sponsor’s Privacy Policy, which can be found at http://www.Fazzino.com.
11. Official Rules and Winners List: For a copy of the Official Rules, visit www.fazzino.com or send a stamped, self-addressed envelope for receipt by December 1, 2008 to: 32 Relyea Place, New Rochelle, NY 10801.For a list of winners available after December 1, 2008 send a stamped, self-addressed envelope to: , 32 Relyea Place, New Rochelle, NY 10801 or visit www.fazzinocollectors.com to email your request. VT residents may exclude return postage.
Copyright ©2008 Museum Editions,Inc. [. All rights reserved.