Daily OPEN Sports “2-A-Day, Second Half” Daily Sweepstakes

OFFICIAL RULES NO PURCHASE OF PRODUCTS OR SERVICES NECESSARY TO ENTER OR WIN. Eligibility: The Daily OPEN Sports “2-A-Day, Second Half” Daily Sweepstakes (the "Sweepstakes") is open only to legal residents of the United States and District of Colombia that are 18 years of age or older (or the age of majority in their state of residency, whichever is greater) at time of entry. Employees, officers and directors (and their respective immediate family (spouse, parents, siblings, children) or household members (whether or not related) of ("Sponsor") or its affiliated companies, and their respective advertising and promotion agencies, suppliers and any person who participates in the creation, production or administration of the Sweepstakes, are ineligible. Void in Puerto Rico, all US territories and possessions and where prohibited by law. How to Enter: The Sweepstakes begins on October 9, 2008 at 4:01:00 AM ET and ends at 11:59:59 PM ET on December 2, 2008 (ET) (the "Promotional Period" (54 Days)).
To enter, access www.OPENSports.com (the "Website"), click on the entry page and follow the directions to complete the Sweepstakes entry form. If you are not a Registered User you may become a Registered User and obtain an ID and Password by completing the OPEN Sports registration form by clicking sign-up at the top left of any page. There is no fee or charge to you to become an OPEN Sports Registration. All entries must be received and recorded by Sponsor’s computer during the Entry Period. When online, you will need to provide your full name, address, city, state, zip code, daytime phone number, e-mail address, ID, password, and age. Limit one entry per person per day. Robotic, programmed, script, macro or other automated entries or entries using third party software or website to register are void. Any attempt by any participant to obtain more than one entry by using multiple/different email addresses, mailing addresses, identities or any other methods will void that participant’s entries. Prize Details/Odds of Winning: Two (2) winners will be randomly selected each day, and will win $25 cash in the form of a check from OPEN Sports. Total daily prize ARV: $2700. One Grand Prize will also be awarded, and the winner will receive a 42” LCD HD integrated 1080 TV to be determined by Sponsor. ARV: $1,500. Total ARV of all prizes: $4200. Daily prize winner(s) are eligible for Grand Prize. Prize is non-transferable and no substitutions or cash redemptions will be made, except at Sponsor’s sole discretion. If a winner cannot accept the prize as stated, the prize will be forfeited and awarded to an alternate randomly selected winner. All taxes on a prize, if any, are solely the winner’s responsibility. Odds of winning are dependent on total number of eligible entries received. In no event will more prizes be awarded than are provided for in these Official Rules. Daily Winners’ Names will be posted on the Website between approximately October 9, 2008 and December 30, 2008. The Grand Prize winner’s name may be posted on the Website for an indefinite amount of time at the discretion of OPEN Sports.

 

Drawing: Grand-Prize winner will be selected via a random drawing on or about December 15, 2008. The drawings and awarding of prizes will be conducted by Sponsor, whose decisions are final and binding in all matters relating to this Sweepstakes. Sponsor will attempt to notify potential winner by e-mail, and/or telephone within approximately two weeks after drawing. If a potential winner cannot be reached after a reasonable effort has been made during (5) business days from the first notification attempt, such person may be disqualified, with an alternate Prize Winner(s) selected in accordance with these Official Rules. General Conditions and Limitations: Void where prohibited and subject to all laws. By entering, participants agree to these Official Rules and to release and hold Sponsor and its parents, affiliates, subsidiaries, advertising and promotion agencies and other related suppliers, and their respective officers, directors, employees, representatives and agents harmless from any and all liability for any damages, injuries or losses of any kind to person(s), including death, or to reputation or property, arising directly or indirectly from the acceptance of a prize or his/her participation in this Sweepstakes or any Sweepstakes-related activity.

Winner grants (and agrees to confirm such grant in writing promptly upon request) to Sponsor or its agents the worldwide right to use his/her name, photograph, likeness, voice, image, statements and biographical information at any time for advertising, trade, publicity and other promotional purposes in any media without review, notification, approval or additional compensation, unless prohibited by law. Grand prize winner will be required to complete, sign and return an Affidavit of Eligibility and Liability Release and, where not unlawful, a Publicity Release within seven days of receipt of prize notification. If documents are not returned in a timely manner, or if prize notification or prize is returned as non-deliverable, or if a winner is found to be ineligible or otherwise not in compliance with these Official Rules, prize will be forfeited and an alternate winner will be randomly selected if time frame reasonably allows.

In the event of a dispute regarding the identity of an online entrant, such entry will be deemed to be made by the authorized account holder of the e-mail address submitted at the time of entry. “Authorized account holder” is deemed as the natural person who is assigned to an e-mail address by an Internet access provider, service provider or other online organization that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. Neither Sponsor nor its agencies are responsible for lost, late, incomplete, corrupted, stolen, illegible, misdirected, delayed or non-delivered entries, mail or e-mail; or for lost, interrupted or unavailable telephone, satellite, network, server, Internet Service Provider (ISP), Website or other connections availability, accessibility or traffic congestion, or miscommunications or failed computer, network, telephone, satellite, or cable hardware, software or lines, or other technical failure, or jumbled, scrambled, delayed, or misdirected transmissions, computer hardware or software malfunctions, failures or difficulties or other errors of any kind, whether human, mechanical, electronic or network, the incorrect or inaccurate capture of entry or other information or the failure to capture or loss of any such information. Neither Sponsor nor its agencies are responsible for any incorrect or inaccurate information, whether caused by Website users, or by any equipment or programming associated with or utilized in this Sweepstakes and assume no responsibility for any error, omission, interruption, deletion, defect or delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, tampering with or hacking of the Website. Sponsor reserves the right, at its sole discretion, to disqualify any individual it finds to be tampering with the entry process or operation of the Sweepstakes or Website, to be acting in violation of the terms of the Website or to be acting in a non-sportsmanlike or disruptive manner, or with intent to threaten, abuse or harass any other person. Neither Sponsor nor its agencies are responsible for injury or damage to participants’ or any other person’s computer related to or resulting from participation in this Sweepstakes or downloading or copying materials from or use of the Website. If, for any reason, this Sweepstakes is not capable of running as planned, Sponsor reserves the right, at its sole discretion, to cancel, terminate, modify or suspend the Sweepstakes, and determine winners from eligible entries received prior to such action taken. If Sponsor takes such action, Sponsor will post notice thereof at the Website.

IN NO EVENT WILL SPONSOR OR ITS PARENTS, AFFILIATES, SUBSIDIARIES OR OTHER RELATED SUPPLIERS AND RELATED COMPANIES, THEIR RESPECTIVE ADVERTISING OR PROMOTION AGENCIES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF PARTICIPANT’S ACCESS TO AND USE OF THE SWEEPSTAKES WEBSITE OR DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM THE WEBSITE. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE WEBSITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.

Except where prohibited, participants agree that: (a) any and all disputes, claims, and causes of action arising out of or connected with this Sweepstakes shall be resolved individually, without resort to any form of class action, and exclusively by an action in the Federal or State Courts located in Palm Beach County, Florida and (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket expenses incurred in participating in this Sweepstakes, but in no event attorneys’ fees; and (c) under no circumstances will participant be permitted to obtain awards for and hereby waives all rights to claim punitive, incidental and consequential and any other damages, other than for the above 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 participant and Sponsor in connection with this Sweepstakes, shall be governed by, and construed in accordance with the laws of the State of Florida without regard for the conflict of law doctrine of any jurisdiction.

Sponsor & Administrator: OPEN Sports Network, Inc. 2200 SW 10th Street, Deerfield Beach, FL 33442

Prize Provider: OPEN Sports Network, Inc. 2200 SW 10th Street, Deerfield Beach, FL 33442

Toshiba Business Solutions, Florida, Nob Hill Road, Tamarac, FL 33311