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The Corvette Dream Giveaway 2008 ("Sweepstakes") is a sweepstakes designed to raise funds for Kids Wish Network, Inc. ("KWN") the sponsor, a national 501(c) 3 charitable organization located at 4060 Louis Ave. Holiday, FL 34691. For additional information on the charity please visit www.kidswishnetwork.org. The Sweepstakes Grand Prize is a 1967 427 Chevrolet Corvette Convertible and a 2008 Lingenfelter special tribute edition 427 Chevrolet Corvette Convertible. Other than the Grand Prize herein described, no other prizes of any kind will be awarded. In the unlikely event that the Grand Prize is damaged, stolen or unavailable, KWN reserves the right to substitute a prize or prizes of equal or greater value. The Grand Prize will be awarded to one Grand prize Winner “GPW” selected by an electronic random drawing conducted by an independent third party accounting firm on December 23rd, 2008. The selection of the GPW by the accounting firm will be certified, final, binding and non-transferable in all respects. All prizes are guaranteed to be awarded free and clear from liens or encumbrances. Sweepstakes begins on March 26th, 2008 and no entries will be accepted after 11:59 PM EST, December 15th, 2008. All entries become the property of Kids Wish Network. USE OF THIS WEB SITE IS SUBJECT TO POSTED PRIVACY POLICY; IF YOU DO NOT AGREE TO THE PRIVACY POLICY, DO NOT USE THE WEB SITE AND/OR ENTER THE SWEEPSTAKES. NO PURCHASE OR CONTRIBUTION IS NECESSARY TO ENTER OR WIN. A CONTRIBUTION WILL NOT IMPROVE YOUR CHANCES OF WINNING. Eligibility: Sweepstakes open to legal U.S. and Canadian residents, (except Quebec) and to residents of other countries and U.S. territories and possessions only where offered and permitted by law. KWN makes no representation that materials on the sites are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Those who choose to enter this Sweepstakes from other locations do so of their own initiative and are responsible for compliance with local laws. Entrants must be 18 years of age or older. No employees of KWN or members of its Board of Directors their immediate family members (defined as spouse or children) are eligible to participate. The same ineligibility applies to the independent accounting firm responsible for selecting the winner, consultants, affiliates, contractors, their employees and immediate family members (defined as spouse or children) for the Corvette Dream Giveaway sweepstakes. Individuals that are affiliated with or employed by companies and organizations that assist KWN by distributing brochures, sending promotional email messages, placing public services announcements, advertisements or commercials are not excluded and may participate in this sweepstakes. VOID WHERE PROHIBITED BY LAW. Entry: There are four methods to obtain tickets to enter the sweepstakes. The first method is to enter via the web site www.winthevettes.com . With this method, after completing the ticket entry process, entrants will be sent a return e-mail confirmation containing their ticket(s). The entrant can then print their tickets or store them as desired. The second method is by placing a call to the toll free ticket hotline at 866-WIN-BOTH (946-2684). Minimum contribution using this method will be $20.00. The third method is to mail in your entry form with payment to Kids Wish Network P.O. Box 17443 Indianapolis, Indiana 46217-7443. No mechanically reproduced entries will be honored. Mail in entries must be postmarked no later than 11:59 PM EST December 15th, 2008. The last method is to enter via free entry processing. Free Entry Processing: There is no fee or charge to participate in Sweepstakes. You are under no obligation to make a contribution and you cannot be barred from participation if you choose not to make a contribution. Making a contribution will not increase your odds of winning. To enter via the “Free Entry Processing” method, except in Vermont, send a self-addressed postage paid business size (# 10) envelope to Kids Wish Network P.O. Box 17443 Indianapolis, Indiana 46217-7443. Include your: name, address, telephone or e-mail, and contact information. Entries must be postmarked no later than 11:59 PM EST December 15th, 2008. To receive your free entry you MUST include either of the following a) a copy of government issued identification verifying that entrant is age 18 years-of-age, or older, or b) a statement certifying that entrant is 18 years-of-age or older. One free entry will be returned in the envelope provided. The use of robotic, automatic, macro, programmed, or like methods (including without limitation the use of any promotion/sweepstakes subscription, notification entry or like sites or services that offers sweepstakes entry services “on behalf of” entrant) is strictly prohibited. Disclosures: You have not yet won this sweepstakes. The IRS has taken the position that amounts paid for chances in drawings for valuable prizes are not gifts, and consequently do not qualify as charitable contributions. The value of the Grand Prize will be determined by a certified appraisal to be conducted approximately 60 days prior to end of sweepstakes. KWN makes no representations as to condition, warranties, or fitness for a particular use, originality, mileage, or compliance with safety or emissions laws or regulations, of the Grand Prize, and GPW agrees to accept the Grand Prize “AS IS”, “WHERE IS”. Photos of the Lingenfelter vehicle shown in the promotional materials are of a 2006 Lingenfelter Corvette, not of the actual 2008 Corvette prize vehicle. Changes in design, features and options may be present in the actual prize vehicle. Sponsor reserves the right to make changes in the rules of the contest, which will become effective on the date published on the web site www.winthevettes.com . Release: By entering the Sweepstakes the entrant agrees to hold harmless KWN and its affiliates including the company’s officers, directors, employees, agents, and representatives (collectively, the “Released Parties”) from and against any claim or cause of action arising out of the entrant’s participation in Sweepstakes. The GPW assumes all liability for operation of the Grand Prize after delivery and recognizes that the high-performance nature of the vehicles that comprise the Grand Prize carry the potential for harm, danger, injury and loss of life and agrees to hold Released Parties harmless from any damages resulting from GPW’s acceptance, operation or use of the vehicles comprising the Grand Prize. Odds: The Odds of winning this sweepstakes are based on the total number of valid entries received. General Conditions: KWN reserves the right, in its sole discretion, to: (a) cancel, modify, suspend, terminate and/or postpone the Sweepstakes if factors beyond its reasonable control (e.g., fraud, force majeure events; newly enacted legislation; systems malfunctions, failure or difficulties) materially alters, impairs or prevents the administration, conduct, operation, or security of the Sweepstakes; (b) disqualify any individual that tampers with or disrupts the administration, conduct operation, security of the Sweepstakes or otherwise acts in violation of these Official Rules; and/or (c) select a potential winner from all eligible entries received prior to any termination of the Sweepstakes. Any attempt by any individual(s) to tamper with the administration, conduct, operation or security of the Sweepstakes may be guilty of criminal and/or civil law. Should such an attempt be made, KWN reserves the right to seek damages from such individual(s) to the fullest extent permitted by law. KWN’s failure to enforce any term of these Official Rules will not constitute a waiver of these rights. Awarding of Prize: On December 23rd, 2008, an independent accounting firm will randomly and electronically select a conditional GPW. The conditional GPW be notified using the contact information entered on the ticket purchase form, within 7 days from the drawing and notified that they were selected as the GPW and will be conditionally awarded the Grand Prize in the Sweepstakes. The GPW need not be present at the drawing. The conditional GPW will be notified by certified mail, phone, or e-mail within 7 days of the drawing. Within 10 days following notification, the conditional GPW must execute an Affidavit of Eligibility, Liability Release, and a Publicity Release (except where prohibited by law) and IRS form W-9 and return same to KWN. If the GPW is a Canadian resident, to win, the conditional GPW must first correctly answer, unaided, a time-limited mathematical skill testing question administered by mail. If the conditional GPW fails to comply, the Grand Prize WILL BE FORFIETED and, at KWN’s discretion an alternate GPW will be selected using the same method previously described. If GPW notification is returned as non-deliverable or any conditional GPW is not in compliance with the Official Rules, such conditional GPW will be disqualified and, at KWN’s discretion, an alternate GPW will be selected using the same method previously described. Once the conditional GPW has complied with the above requirements, the conditional GPW will be certified as the Official Grand Prize Winner. Once this occurs, arrangements will be made to award the Grand Prize. By complying with the above conditions the GPW waives the right to assert, as a cost of winning the Grand Prize, any and all costs of redemption or travel to redeem Grand Prize and any and all liability that may arise from redeeming or seeking said prize. The GPW must provide proof of insurance on both vehicles and a valid drivers license in order to receive the Grand Prize. The Grand Prize will be awarded F.O.B. Nashville, Tennessee on a date subsequent to GPW meeting all requirements. Taxes: In an effort to insure that the Grand Prize will be awarded to the randomly selected winner, KWN has chosen to award funds to pay the federal income tax liability related to the GPW winning the Grand Prize, up to seventy-five thousand dollars ($75,000.00). The GPW is responsible for all local, state, or excise taxes, fees, registration costs, assessments and like charges that may result from accepting the Grand Prize. KWN’s payment of the taxes only relates to the federal tax liability resulting from the value of the Grand Prize and tax award being added to the GPW’s 2008 taxable income. KWN will place seventy-five thousand dollars in an escrow account that will be disbursed in the form of a check payable to the Internal Revenue Service on behalf of the GPW on or before April 15th, 2009. The amount of additional federal income tax liability will be determined by a Certified Public Accountant hired by the GPW. The Grand Prize value will be determined by a certified appraisal, a copy of which will be provided to the GPW. The Certified Public Accountant will provide documentation no later than April 1st, 2009 to KWN identifying the additional tax liability the GPW incurred as a result of winning the Grand Prize and the tax award. KWN reserves the right to hire an independent Certified Public Accountant to audit and verify the GPW’s federal tax liability as determined by the GPW’s Certified Public Accountant. The GPW will be responsible for any tax liability created by the GPW receiving the Grand Prize and tax award exceeding seventy-five thousand dollars. In the event the GPW’s federal income tax liability resulting from the GPW receiving the Grand Prize and tax award is less than seventy-five thousand dollars the remaining amount will be disbursed to KWN. Publicity: Except where prohibited by law, the GPW’s entrance and acceptance of the Grand Prize constitutes permission to KWN and its representatives to use the GPW’s name, likeness, statements, biographical information, voice, voice likeness, and city and state address on a worldwide basis, and in all forms of media, now or hereafter known, in perpetuity without further compensation, notification or permission. Furthermore, all entrants agree that should they be selected as the GPW, KWN may disclose their name, city and state on any web sites including but not limited to www.winthevettes.com and identify them as the winner of the sweepstakes. Privacy: An entrant’s personal information, provided in conjunction with Sweepstakes, will be utilized by KWN and/or its representatives for the purpose of selecting the GPW and awarding the Grand Prize and will be kept as long as required by law. Entrants may also receive mailings, updates, solicitations, e-mails from KWN or its representatives or sponsors. Receiving these communications is optional and is not a condition of participating in the Sweepstakes or winning the Grand Prize and does not improve an entrant’s chances of winning. In the event an entrant does not wish to receive these promotional communications, he/she or they may opt-out by following the opt-out procedure listed in the privacy section of the web site. Limitation of Liability: Released Parties will not be responsible for any (a) printing or typographical errors in any materials associated with the Sweepstakes; (b) unauthorized human intervention in any part of the Sweepstakes;(c) technical failures of any kind, including but not limited to electronic malfunctioning of any network, hardware or software; (d) technical or human error which may occur in the administration of the Sweepstakes or the processing of entries; (e) lost, delayed, misdirected, or undeliverable mail or e-mail; (f) conditions caused by events beyond the control of KWN, its agents or representatives which may cause the Sweepstakes to be disrupted or corrupted; or (g) injury or damage to persons or property including but not limited to death which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Sweepstakes or the acceptance, operation, use or receipt of the Grand Prize. IN NO EVENT WILL RELEASED PARTIES BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE, OR SPECIAL DAMAGES OR LOSSES OF ANY KIND (INCLUDING LOST PROFITS) RELATING TO THIS SWEEPSTAKES (OR THE GRAND PRIZE AWARDED OR RECEIVED AS PART OF SWEEPSTAKES), INCLUDING BUT NOT LIMITED TO, CLAIMS ARISING FROM BREACH OF CONTRACT, BREACH OF WARRANTY, TORT, (INCLUDING NEGLIGENCE, PRODUCT LIABILITY OR STRICT LIABILITY) OR ANY OTHER THEORY OF LIABILITY. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS. Results: To obtain the name of the GPW (available after December 25th, 2008) go to the website www.winthevettes.com. Or send a self-addressed postage paid envelope to P.O. Box 17443 Indianapolis, Indiana 46217-7443 Disputes: (a) Choice of Law. This Sweepstakes, and the rights and obligations thereunder, will be governed by and construed in accordance with the laws of the State of Florida, excluding conflicts of law rules which might apply the law of a different jurisdiction. (b) Good Faith Negotiations. Best efforts will be used to resolve any and all claims and disputes arising under the Sweepstakes through good faith negotiations and without initially resorting to litigation, arbitration or other similar proceedings. (c) Mediation. If the parties to a dispute hereunder are unable to resolve such claim or dispute via good faith negotiations, the parties will agree, prior to commencement of any legal action or suit, to submit to at least one day of non-binding mediation in Tampa, Florida with a mediator chosen jointly and paid for equally by the parties. (d) Litigation and Venue. Any legal action, suit, or proceeding with respect to the Sweepstakes will be brought exclusively in federal court in Tampa, Florida and each party consents to the jurisdiction of said court for all matters that arise under said Sweepstakes. All costs for legal representation in suits in which KWN is named as defendant shall be paid by each respective party regardless of the outcome of the suit. Except where prohibited, any and all legal action, suit or proceeding with respect to the Sweepstakes will be resolved individually, without respect to any form of class action. Acceptance of Official Rules: Participation in the Sweepstakes constitutes the entrant’s full and unconditional acceptance of the Official Rules and winning the Grand Prize is contingent upon fulfilling all the rules and requirements set forth therein.
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