Million Thanks Giveaway
Official Rules
NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
1. Eligibility: Millions Thanks Giveaway (the “Sweepstakes”) is open only to legal residents of the fifty (50) United States and the District of Columbia who are at least eighteen (18) years old at the time of entry. Employees of Kodak Imaging Network, Inc., ePrize, LLC, and their parent and affiliate companies as well as the immediate family (spouse, parents, siblings and children) and household members of each such employee are not eligible. Subject to all applicable federal, state, and local laws and regulations. Void where prohibited. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor’s and Administrator’s decisions, which are final and binding in all matters related to the Sweepstakes. Winning the prize is contingent upon fulfilling all requirements set forth herein.
2. Sponsor: Kodak Imaging Network, Inc., 1480 64th Street, Suite 300, Emeryville. CA 94608. Administrator: ePrize, LLC, One ePrize Drive, Pleasant Ridge, MI 48069.
3. Timing: The Sweepstakes begins on October 20, 2009 at 12:00 a.m. Eastern Time ("ET") and ends on November 13, 2009 at 11:59 p.m. ET (the "Promotion Period") and consists of three (3) phases (each, a "Phase") as set forth in the chart below:
| Phase | Start at 12:00 a.m. ET | Ends at 11:59 p.m. ET |
|---|---|---|
| 1 | 10/20/09 | 10/28/09 |
| 2 | 10/29/09 | 11/5/09 |
| 3 | 11/6/09 | 11/13/09 |
Administrator's computer is the official time-keeping device for the Sweepstakes.
4. How to Enter: During the Promotion Period, visit http://kodak.promo.eprize.com/millionsofthanks and follow the links and instructions to complete the registration. Complete and submit the registration. You automatically will receive one (1) entry into the Sweepstakes. Limit: Each participant may enter one (1) time during the Promotion Period. Multiple entrants are not permitted to share the same email address. Any attempt by any entrant to obtain more than one (1) entry by using multiple/different email addresses, identities, registrations and logins, or any other methods will void that entrant's entries and that entrant may be disqualified. Use of any automated system to participate is prohibited and will result in disqualification. In the event of a dispute as to any registration, the authorized account holder of the email address used to register will be deemed to be the registrant 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. The potential winner may be required to show proof of being the authorized account holder.
Special Offer: During the Promotion Period, Sponsor will provide three hundred thousand (300,000) entrants who register for the Sweepstakes with a $15 digital gift code ("Gift Code") redeemable on the Kodak Gallery site. The Gift Codes will be distributed on a first come, first serve basis to entrants who register according to the following schedule while supplies last:
| Phase | Number of Gift Codes Awarded |
|---|---|
| 1 | 100,000 |
| 2 | 100,000 |
| 3 | 100,000 |
The Gift Codes are subject to the terms and conditions set forth on the Kodak Gallery site. In the event that the total number of Gift Codes allocated for distribution during any Phase is not reached, Sponsor may, in its sole discretion, elect to distribute those remaining Gift Codes during the subsequent Phase. Each entrant who registers for the Sweepstakes after the total number of Gift Codes allocated for the applicable Phase are distributed shall receive a 40% off discount code redeemable on the Kodak Gallery site. Limit: One (1) Gift Code and up to three (3) 40% off discount codes per entrant during the Promotion Period.
5. Grand Prize Drawing: Administrator is an independent judging organization whose decisions as to the administration and operation of the Sweepstakes and the selection of the potential winner are final and binding in all matters related to the Sweepstakes. Administrator will randomly select the potential Grand Prize Sweepstakes winner from all eligible entries received during the Promotion Period, on or around November 16, 2009. The potential Grand Prize winner will be notified by email, mail or phone. The potential Grand Prize winner (parent/legal guardian if winner is a minor in his/her state of residence) will be required to sign and return to Sponsor, within ten (10) days of the date notice or attempted notice is sent, an Affidavit of Eligibility, Liability & Publicity Release ("Affidavit") in order to claim the prize. If the potential Grand Prize winner cannot be contacted within ten (10) days, or fails to sign and return the Affidavit within the required time period, potential Grand Prize winner forfeits prize. Potential Grand Prize winner must continue to comply with all terms and conditions of these Official Rules, and winning is contingent upon fulfilling all requirements. In the event that a potential Grand Prize winner is disqualified for any reason, Sponsor will award the applicable prize to an alternate winner by random drawing from among all remaining eligible entries. Only three (3) alternate drawings will be held, after which the prize will remain un-awarded.
6. Prize: ONE (1) GRAND PRIZE: A trip for two (2) to a taping of The Ellen DeGeneres Show in Los Angeles, CA. Trip package includes roundtrip coach-class air transportation for two (2) from a major airport near winner’s home (determined by Sponsor in its sole discretion) to Los Angeles, CA; four (4) days and three (3) nights accommodations at hotel determined by Sponsor in its sole discretion; two (2) tickets to a taping of The Ellen DeGeneres Show on a date determined by Sponsor in its sole discretion in January 2010; ground transportation to and from the airport, hotel and show taping; one (1) Kodak Gallery Personalized Cover Photo Book; and $500 spending money. Winner must complete the trip on the dates determined by Sponsor or prize will be forfeited. Trip must be booked at least twenty-one (21) days prior to departure. Travel must be roundtrip. Sponsor will determine airline and flight itinerary in its sole discretion. No refund or compensation will be made in the event of the cancellation or delay of any flight. Travel and accommodations are subject to availability. 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, ground transportation, 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 winner. Unless child of winner, travel companion must be eighteen (18) years of age or older as of the date of departure and must travel on same itinerary and at the same time as the winner. If winner is a minor in his/her state of residence, travel companion must be winner’s parent/legal guardian. Travel companion must execute liability/publicity releases prior to issuance of travel documents. Travel restrictions, conditions and limitations may apply. If in the judgment of Sponsor air travel is not required due to 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 Ellen DeGeneres Show 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. Approximate Retail Value (“ARV”): $4,500. Actual value may vary based on airfare fluctuations and distance between departure and destination. Winner will not receive difference between actual and approximate retail value. Prize is non-transferable and no substitution will be made except as provided herein at the Sponsor’s sole discretion. Sponsor reserves the right to substitute the prize for one of equal or greater value if the designated prize should become unavailable for any reason. Winner is responsible for all taxes and fees associated with prize receipt and/or use. Odds of winning the prize depend on the number of eligible entries received during the Promotion Period.
7. Release: By receipt of any prize, winner agrees to release and hold harmless Sponsor, The Ellen DeGeneres Show, Administrator, and their respective subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and prize suppliers, and each of their respective parent companies and each such company’s officers, directors, employees and agents (collectively, the “Released Parties”) from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Sweepstakes or receipt or use or misuse of any prize.
8. Publicity: Except where prohibited, participation in the Sweepstakes constitutes winner’s consent to Sponsor’s and its agents’ use of winner’s name, likeness, photograph, voice, opinions and/or hometown and state for promotional purposes in any media, worldwide, without further payment or consideration.
9. General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Sweepstakes, 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 Sweepstakes, as determined by Sponsor in its sole discretion. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be tampering with the entry process or the operation of the Sweepstakes or to be acting in violation of these Official Rules or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
10. Limitations of Liability: 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 Sweepstakes; (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 Sweepstakes; (4) technical or human error which may occur in the administration of the Sweepstakes or the processing of entries; (5) late, lost, undeliverable, damaged or stolen mail; or (6) 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. 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 Sweepstakes, provided that, if it is not possible to award another entry due to discontinuance of the Sweepstakes, or any part of it, for any reason, Sponsor, in its sole 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 the event that production, technical, seeding, programming or any other reasons cause more than the 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 by a random drawing among all legitimate, un-awarded, eligible prize claims.
11. Disputes: Except where prohibited, 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 United States District Court for the Eastern District of Michigan (Southern Division) or the appropriate Michigan State Court located in Oakland County, Michigan; (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 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 Michigan without giving effect to any choice of law or conflict of law rules (whether of the State of Michigan or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Michigan.
12. Entrant's Personal Information: Information collected from entrants is subject to ePrize, LLC’s Privacy Policy http://www.eprize.com/privacy/privacypolicy.html and Sponsor’s Privacy Policy http://www.kodak.com/eknec/PageQuerier.jhtml?pq-path=7797&pq-locale=en_US&CID=go&idhbx=privacy.
13. Winner List: Winner List requests will only be accepted after the promotion end date (listed above) and no later than February 18, 2010. For the Winner List, visit the promotion website, complete the form at the bottom of the FAQ, and select "Win List Request" in the drop down.
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