E-newsletter Raffle Official Rules

@ your library Sign-Up For E-Newsletter to Win An iPod Raffle

OFFICIAL RULES

VOID WHERE, OR TO THE EXTENT, PROHIBITED. NO PURCHASE NECESSARY TO ENTER OR WIN.

1. INTRODUCTION

This document describes the official rules (“Rules”) of the “@ your library Sign-Up For E-Newsletter to Win An iPod” organized by the American Library Association, (the “Raffle”). Information on how to enter and prizes form part of these Rules. To the extent of any inconsistency, these Rules prevail.

2. DEFINITIONS

“Entry” means an e-mail registered by the Entrant for this Raffle.

“Entrant” means the individual that offers the Entry under the terms of this Raffle.

“Sponsor” means the American Library Association, located at 50 E. Huron, Chicago, IL 60611.

“Raffle Site” means http://www.atyourlibrary.org

3. ACCEPTANCE
Participation constitutes the Entrant’s full and unconditional agreement to and acceptance of these Rules. By participating in the Raffle, the Entrant is representing and warranting that he/she has read and understood, and agrees to be bound by, these Rules. Including the guides and rules referred to herein, these Rules constitute the entire agreement between the Entrant and the Sponsor in relation to the Raffle. They govern the Entrant’s participation and supersede any prior or other agreements between the Entrant and the Sponsor and relating to the Raffle.

4. ELIGIBILITY

The Raffle is open to everyone, 14 years of age or older at time of entry. Residents between the ages of 14 and 17 years old are eligible to participate in the Raffle but will be required to submit a signed parental consent form in order to collect any prizes won. Employees and contractors of the American Library Association and their respective parent companies, subsidiaries, affiliates, suppliers, advertising agencies, and families, and persons living in the same household as such employees or contractors, are not eligible to participate. This Raffle is governed by the laws of the State of Illinois, United States. The Raffle is subject to all applicable, as the case may be, national, federal, provincial, state and local laws.

5. SEVERABILITY

When any provision of these Rules is found to be invalid by a court of competent jurisdiction, the parties nevertheless agree that the Court should endeavor to give effect to the intentions of the parties as reflected in the provision, and that the other provisions of these Rules remain in full force and effect.

6. RAFFLE PERIOD
The Raffle begins at 12:01 PM Central Standard Time (CST) on Thursday October 22, 2009 and ends 11:59 PM CST on Monday December 14, 2009. Sponsor may in its sole discretion cancel or postpone the Raffle.

7. HOW TO ENTER
To enter the Raffle, the Entrant must go to www.atyourlibrary.org and register a valid e-mail address and sign up for an E-Newsletter. There is no fee to enter the Raffle.

Entrants must sign-up for the e-Newsletter by 11:59 PM CST on Monday December 14, 2009. The Raffle Site database clock is the official timekeeper for the Raffle. Each Entrant must be the named and authorized account holder of the e-mail address submitted in connection with that Entrant’s Entry. The authorized account holder is the natural person who is assigned to the e-mail address by an Internet access provider, online service provider, or other organization that is responsible for assigning e-mail addresses or the domain associated with the submitted e-mail address. Proof of submitting an entry does not constitute proof of receipt.

One winner will be randomly chosen on Monday November 16, 2009 and then again on Tuesday December 15, 2009. Only one e-mail address per Entrant allowed. To be in the running for the Monday November 16, 2009 drawing, Entrant must sign-up for the e-newsletter by 11:59 PM CST on Sunday November 15, 2009. To be in the running for the Tuesday December 15, 2009 drawing, Entrant must sign-up for the e-newsletter by 11:59 PM CST on Monday December 14, 2009. If Entrant enters raffle prior to 11:59 PM CST on Sunday November 15, 2009, his or her entry will be automatically entered into the drawing on Tuesday December 15 2009.

A prize will only be awarded if: the number of entrants between 12:01 PM Wednesday October 21, 2009 and 11:59 PM CT Sunday November 15, 2009 exceeds one-hundred (100); and the number of entrants between 12:00 AM CT Monday November 16, 2009 and 11:59 PM CT Monday, December 14, 2009 exceeds one-hundred (100). Winners will be notified within two (2) weeks of drawing date. Prizes will be mailed within one (1) calendar month after being notified as a winner.

Winners will be asked to submit their name, address, telephone number and any other information deemed required by the Sponsor.

8. PRIZES

There will be one (1) November winner and one (1) December winner.

The November winner will receive one (1) 8GB Apple iPod Nano;

The December winner will receive one (1) 8GB Apple iPod Nano.

The prizes are non-transferable and no substitution by winner or cash equivalent is permitted. The Sponsor may substitute prize for one of equal or greater value at its sole discretion. Only one prize will be awarded to an Entrant. Please note that if the winner is a group of individuals, then the group will share the above-stated prize. A prize will not be given to each member of the group. The winner will be responsible for all federal, provisional, state, local and other applicable taxes relating to the prize.

9. AUTHORIZATION TO USE WINNER’S NAME

Accepting the prize constitutes permission for the Sponsor to make public and otherwise use winner’s name, voice, picture, likeness, opinions, biographical information, city and country of residence without further compensation in any media now known or hereafter developed for promotional and/or publicity purposes, unless prohibited by law. Each winner also agrees to participate in and cooperate with any promotional activity and/or publicity relating to the raffle as the Sponsor shall reasonably request from time to time.

10. INDEMNITY; DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

By participating in the Raffle, the Entrant agrees to be bound by these Rules, including all eligibility requirements and all decisions of the Sponsor. By participating in the Raffle, the Entrant agrees to indemnify, defend, and hold harmless the Sponsor and its officers, directors, employees, agents, affiliates, contractors, contributors, subsidiaries, licensors, distributors, and parent (collectively, “Released Parties”) from any and all liability, claims, losses, costs and expenses (including attorneys’ fees) or actions of any kind, including, without limitation, property damage, personal injury, and/or death, arising out of his/her (i) breach of any representation, warranty or covenant contained in these Rules; or (ii) participation in the Raffle; (iii) acceptance and/or use or misuse of any prize in connection with the Raffle; or (iv) any third party claim relating to any rights in any design submitted.

BY PARTICIPATING IN THE RAFFLE, THE ENTRANT AGREES THAT THE SPONSOR ENTITIES MAKE NO WARRANTY, REPRESENTATION, OR GUARANTEE OF ANY KIND, EXPRESSED OR IMPLIED, IN FACT OR IN LAW, RELATING TO THE RAFFLE AND/OR THE PRIZES.

By participating in the Raffle, the Entrant agrees that the Sponsor and Released Parties are not responsible, and will in no event be held liable, for any: (a) lost, late, illegible, misdirected, damaged, incomplete, corrupted or garbled entries; (b) telephone, computer, or network malfunction or error; © communication disruption or other disruptions related to Internet traffic, virus, bug, worm, or non-authorized intervention; or (d) damage caused by a computer virus or otherwise resulting to any computer from Entrant’s participation in, or accessing or downloading or uploading information in connection with this promotion. If such malfunction, error, disruption, or damage occurs or impairs the administration, security, fairness, or integrity of the Raffle, the Sponsor may, in its sole discretion, suspend, modify or terminate the Raffle by posting a notice on the Raffle Site. If the Raffle is terminated before the scheduled end of the Raffle Period, the Sponsor will determine the winner from all eligible entries received as of the termination date. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAW. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW. Persons found tampering with or abusing any aspect of the Raffle, or whom the Sponsor believes to be causing or attempting or intending to cause any malfunction, error, disruption, or damage will be disqualified. The Sponsor reserves the right to disqualify any unauthorized entries, including, without limitation, or any entries made through robotic, automatic, mechanical, programmed or similar multiple-entry, or entry duplication, method and to disqualify any person or entity using such a method.

NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, AND ONLY TO THE MAXIMUM EXTENT PERMISSIBLE BY THE APPLICABLE LAW, BY PARTICIPATING IN THE RAFFLE, THE ENTRANT AGREES THAT IN NO EVENT WILL THE SPONSOR OR ANY RELEASED PARTY BE LIABLE TO ENTRANTS OR ANY OTHER PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, REGARDLESS OF THE BASIS OR NATURE OF THE CLAIM, RELATING IN ANY MANNER TO THESE OFFICIAL RULES, THE RAFFLE OR THE ENTRANT’S PARTICIPATION THEREIN, EVEN IF THE SPONSOR OR A RELEASED PARTY WERE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ALSO NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, BY PARTICIPATING IN THE RAFFLE, THE ENTRANT FURTHER AGREES THAT IN NO EVENT WILL THE LIABILITY OF THE SPONSOR OR ANY RELEASED PARTY RELATING IN ANY MANNER TO THESE OFFICIAL RULES, THE RAFFLE OR THE ENTRANT’S PARTICIPATION THEREIN EXCEED THE GREATER OF US$1,000 OR ANY OTHER AMOUNTS PAID BY THE ENTRANT TO ENTER INTO THE RAFFLE. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO THE ENTRANT. IN THE EVENT THAT THE PRECEDING RELEASE IS DETERMINED BY A COURT OF COMPETENT JURISDICTION TO BE INVALID OR VOID FOR ANY REASON, THE ENTRANT AGREES THAT, BY ENTERING THE RAFFLE, (I) ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OR ACTION ARISING OUT OF OR IN CONNECTION WITH THE RAFFLE, OR ANY PRIZES AWARDED, SHALL BE RESOLVED INDIVIDUALLY WITHOUT RESORT TO ANY FORM OF CLASS ACTION; AND (II) ANY CLAIMS, JUDGEMENTS AND AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS INCURRED, INCLUDING COSTS ASSOCIATED WITH ENTERING THE RAFFLE, BUT IN NO EVENT ATTORNEY’S FEES.

For the avoidance of doubt, to the extent that English law applies, nothing in these Rules shall limit or exclude either party’s liability for fraud, or for death or personal injury caused by its negligence, or any other liability to the extent such liability cannot be excluded or limited as a matter of law.

11. PRIVACY

Except as otherwise stated herein or as otherwise agreed by the Entrant and the Sponsor, the information communicated by the Entrant in connection with Entry to the Raffle will be used for the purposes relating to this Raffle, and will not be communicated to third-parties without prior permission. Please refer to our Privacy Policy for further details.

12. TRADEMARK INFORMATION

The name your library as well as the your library logo are all registered trademarks of the American Library Association. Any use of those or any other Sponsor trade mark, service mark, trade name or logo must comply with the American Library Association Trademark Policies.

13. INTERPRETATION, GOVERNING LAW; JURISDICTION

Interpretation. In the case of any dispute about the interpretation of the Rules, Sponsor’s decision as to the interpretation shall be final and Entrant shall be bound by Sponsor’s decision.

Governing Law. The interpretation and enforcement of these Rules will be governed by the laws of the State of Illinois, USA. The Entrant and the Sponsor agree to the extent permitted by law to submit all disputes arising out of or relating to these Rules or the Raffle to, and hereby waive any objection to the exclusive jurisdiction and venue of, the state and federal courts located in Cook County, Illinois. Subject to Section 5 above, if necessary any provision of these Rules that is found to be invalid by a court of competent jurisdiction shall be deemed to be struck out from these Rules.

14. CONSIDERATION

The Entrant agrees that the ability to participate in the Raffle and to compete for the prizes offered in connection with the Raffle constitute, where required, sufficient consideration for the Entrant’s obligations under these Rules.

Please retain a copy of these Rules for your records.