NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. ALL FEDERAL, STATE, LOCAL, AND MUNICIPAL LAWS AND REGULATIONS APPLY. VOID WHERE PROHIBITED.
MetalMiner Birthday Bash: MetalMiner IndX(SM) Subscriptions (the Contest) is open 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 MetalMiner and other companies associated with the promotion of the Contest, and their respective parents, subsidiaries, affiliates and advertising and promotion agencies as well as the immediate family (spouse, parents, siblings, and children) and household members of each such employee are not eligible. The Contest is subject to federal, state, and local laws and regulations.
The Sweepstakes is sponsored by MetalMiner (herein referred to as the Sponsor), located at 421 W. Melrose St. Suite L2, Chicago, Illinois 60657.
3. Agreement to Official Rules
Participation in the Sweepstakes constitutes entrants full and unconditional agreement to and acceptance of these Official Rules and the decisions of the Sponsor, which are final and binding. Winning a prize is contingent upon being compliant with these Official Rules and fulfilling all other requirements set forth herein.
4. Contest Period
The Contest begins on November 08, 2012 at 9:00 AM CST and ends on December 03, 2012 at 5 PM CST (the Contest Period). Entries that are submitted before or after the Contest Period will be disqualified. Submissions will be accepted for the duration of the Contest using any of the following methods: Online.
5. How to Enter
Online: This method of entry will be available by visiting our website (www.metalminer.com) and following the directions listed.
Limit one (1) entry per person, per email address, and per household for the duration of the Sweepstakes Period, regardless of method of entry. Entries received from any person, e-mail address, or household in excess of the stated limitation will be void. All entries become the property of the Sponsor and will not be acknowledged or returned.
6. Prize Drawing
On or about December 03, 2012, the Sponsor will select potential winners in a random drawing from among all eligible entries received. The odds of being selected depend on the number of entries received. The Sponsor will attempt to notify the potential winner via telephone or email on or about December 04, 2012. If the potential winner cannot be contacted within five (5) days after the date of the first attempt to contact him/her, the Sponsor may select an alternate potential winner in his/her place at random from the remaining non-winning, eligible entries.
7. Winner Notification
The potential winners will be notified by email, mail or phone. Each potential Grand and First Prize winner (parent/legal guardian if a minor in his/her state of residence) will be required to complete, electronically sign and submit a Declaration of Compliance within five (5) days of the date notice or attempted notice is sent, in order to claim his/her prize. If a potential winner cannot be contacted, or fails to submit the Declaration of Compliance within the required time period (if applicable), or prize is returned as undeliverable, potential winner forfeits prize. If the potential winner is at least 18 but still considered a minor in his/her jurisdiction of residence, Sponsor reserves the right to award the prize in the name of his/her parent or legal guardian, who will be required to sign the Declaration of Compliance on the potential winner’s behalf and fulfill any other requirements imposed on winner set forth herein. Potential winners 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 winner is disqualified for any reason, the 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. Prizes will be fulfilled approximately 8-10 weeks after the conclusion of the Sweepstakes.
First Place Prize (1 total prize to 1 winner) – One year’s subscription to the MetalMiner IndX(SM) pricing application.
Second Place Prize (2 total prizes for 2 separate winners) – One six-month subscription to the MetalMiner IndX(SM) pricing application.
Third Place Prize (3 total prizes for 3 separate winners) – One single-month subscription to the MetalMiner IndX(SM) pricing application.
9. General Conditions
In the event that the operation, security, or administration of the Contest is impaired in any way for any reason, including, but not limited to fraud, virus, bug, worm, unauthorized human intervention or other technical problem, or in the event the Contest is unable to run as planned for any other reason, as determined by Sponsor in its sole discretion, the Sponsor may, in its sole discretion, either (a) suspend the Contest to address the impairment and then resume the Sweepstakes in a manner that best conforms to the spirit of these Official Rules or (b) terminate the Sweepstakes and, in the event of termination, award the prize at random from among the eligible, non-suspect entries received up to the time of the impairment. The 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 Contest or to be acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner. Any attempt by any person to damage the website or undermine the legitimate operation of the Contest may be a violation of criminal and civil law, and, should such an attempt be made, the Sponsor reserves the right to seek damages (including attorneys fees) and any other remedies from any such person to the fullest extent permitted by law. Failure by the Sponsor to enforce any provision of these Official Rules shall not constitute a waiver of that provision.
10. Release and Limitations of Liability
By participating in the Contest, entrants agree to release and hold harmless the Sponsor, and each of their respective parents, subsidiaries, affiliates, advertising and promotion agencies, other companies associated with the Sweepstakes, and each of their respective officers, directors, employees, shareholders, representatives, and agents (the Released Parties) from and against any claim or cause of action arising out of participation in the Contest or receipt or use of the prize (including any travel or activity related thereto), including, but not limited to: (a) any technical errors associated with the Contest, including lost, interrupted or unavailable Internet Service Provider (ISP), network, server, wireless service provider, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone, cellular tower or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties; (b) unauthorized human intervention in the Contest; (c) mechanical, network, electronic, computer, human, printing or typographical errors; (d) application downloads, (e) any other errors or problems in connection with the Contest, including, without limitation, errors that may occur in the administration of the Contest, the announcement of the winner, the cancellation or postponement of the event and/or the flyover, if applicable, the incorrect downloading of the application the processing of entries application downloads or in any Contest-related materials; or (f) injury, death, losses or damages of any kind, to persons or property which may be caused, directly or indirectly, in whole or in part, from entrants participation in the Sweepstakes or acceptance, receipt or misuse of the prize (including any travel or activity related thereto). Entrant further agrees that in any cause of action, the Released Parties liability will be limited to the cost of entering and participating in the Contest, and in no event shall the entrant be entitled to receive attorneys’ fees. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by site users, tampering, hacking, or by any equipment or programming associated with or utilized in the Contest. Entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages.
Except where prohibited, each entrant agrees that any and all disputes, claims and causes of action arising out of, or connected with, the Sweepstakes or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in Cook County, Illinois. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, entrants rights and obligations, or the rights and obligations of the Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of Cook County, Illinois, without giving effect to any choice of law or conflict of law rules, which would cause the application of the laws of any jurisdiction other than Cook County, Illinois.
13. Winner List
To request the name of the winner send a self-addressed, stamped envelope to 421 W. Melrose St. Suite L2, Chicago, IL 60657. Winner List requests will only be accepted after the promotion end date (listed above). For the Winner List, you can also send an email.
14. Limitation on liability / disclaimer / other requirements
All entrants, as a condition of entry, agree to be bound by these official rules and the decisions of Sponsor. Except where prohibited by law, by entering a Sweepstakes, each entrant consents to the use of his/her name and biographical data and/or any other information contained in his/her entry in advertising, promotional and marketing materials by Sponsor without additional compensation.
If this Sweepstakes is not capable of running as planned, including, because of any infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failure or other cause beyond Sponsor’s control which corrupts or threatens to corrupt or adversely affects the administration, security, fairness, integrity or proper conduct of the Sweepstakes, Sponsor reserves the right, in its sole discretion, to cancel, suspend and/or modify this Sweepstakes and Sponsor can perform the random drawing from among all eligible entries received prior to such cancellation, suspension or modification of the Sweepstakes. Winner, by acceptance of any Prize, agrees to release Sponsor and the Sponsor Affiliates from any and all liability, claims or actions of any kind whatsoever for injuries, damages or losses to persons and property which may be sustained in connection with the receipt, ownership or use of any Prize or while traveling to and from a location to obtain or use any Prize. Further, no responsibilities are accepted for any additional expenses, omissions, delays, re-routing, or acts of any government or authority. Neither Sponsor nor the Sponsor Affiliates make any warranty, representation, or guarantee, express or implied, in fact or in law, relative to the use of any Prize including, without limitation, quality, merchantability, or fitness for a particular purpose. Neither Sponsor nor the Sponsor Affiliates are responsible for technical, hardware, software, or telephone malfunctions of any kind, lost or unavailable network connections, or failed, incorrect, incomplete, inaccurate, garbled or delayed electronic communications caused by Sponsor or the Sponsor Affiliates, the user or by any of the equipment or programming associated with or utilized in this Sweepstakes or by any human error which may occur in the processing of the entries in this Sweepstakes and which may limit a participant’s ability to participate in this Sweepstakes. Entries that are incomplete, illegible or corrupted are void and will not be accepted. Any person who supplies false information, enters by fraudulent means, or is otherwise determined to be in violation of these official rules in an attempt to obtain any Prize will forfeit the Prize won and may be prosecuted to the fullest extent of the law. The Sweepstakes shall be governed by, construed and enforced in accordance with the laws of the State of Illinois. Any action by entrant or any third party brought to enforce these rules or, in connection with any matters related to the Web Site shall be brought only in either the State or Federal Courts located in Cook County, Illinois, and you expressly consent to the jurisdiction of said courts. Each entrant further agrees to not knowingly: damage or cause interruption of the Sweepstakes; prevent others from using the Sweepstakes; or obtain or modify another user’s non-public account information without their consent. Submission of an entry is acknowledgment of and agreement to be bound by all terms and conditions of these official rules. In the event of a dispute concerning who submitted an e-mail entry, the entry will be declared to have been made by the authorized account holder of the e-mail address submitted at time of entry. An 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.
Sponsor can modify these official rules in any way or at any time, as long as Sponsor gives reasonable notice.