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OFFICIAL RULES THIS GIVEAWAY IS OPEN TO LEGAL UNITED STATES RESIDENTS, AGE TWENTY-ONE (21) AND OVER, AND LIVING IN THE UNITED STATES OR THE DISTRICT OF COLUMBIA AT THE TIME OF ENTRY.
Information: By entering the highbrowfurniture.com Love at First Sit™ sweepstakes (hereinafter "sweepstakes") for a Panton Heart Cone Chair by Vitra® in red fabric, you agree to receive e-mail and other advertising from highbrowfurniture.com. You may opt out of receiving any other or future e-mail or advertising and still remain eligible to win the sweepstakes by following the instructions on the on-line entry form or by notifying the sending entity by e-mail or regular United States mail. How to Enter: Beginning at 12:01 a.m. C.S.T. on January 27, 2009 until 11:59 p.m. C.S.T. on March 30, 2009, you may enter the sweepstakes in the following two ways: (1) Access www.highbrowfurniture.com and follow the on-screen instructions to complete the entry form (Limit one (1) on-line entry\per person, household and e-mail address); or (2) Handwriting your name, complete address and phone number on a standard postcard not to exceed 6x4.5 inches and mailing it to highbrowfurniture.com., Post Office Box 160590, Nashville, TN 37216 (Limit one (1) entry per person and household). Multiple entries will disqualify the entrant. Mail-in entries must be postmarked by and actually received by Sponsor no later than March 30, 2009. All entries must be handwritten; mechanically reproduced entries will not be accepted. Incorrect, ineligible, confusing or incomplete entries are void. No responsibility is assumed for lost, late, incomplete, stolen, misdirected, or illegible entries; or for any computer, telephone, cable, network, satellite, electronic or Internet hardware or software malfunction; or failure of connection, availability or garbled transmission, or issue related to service provider/Internet Service Provider/Internet/web site/use net accessibility or availability, traffic congestion, or unauthorized human intervention, or the incorrect or inaccurate capture of entry or other information, or the failure to capture such information. These official rules are available at the highbrowfurniture.com website or by writing to Highbrow, Inc., Love at First Sit™ Rules Request, Post Office Box 160590, Nashville, Tennessee 37216. Entries that do not conform to the process listed above or are tampered with are void. All eligible entries will be entered in the Grand Prize Drawing. Eligibility: This sweepstakes is open to legal U.S. residents living in the United States and the District of Columbia who are twenty-one years of age or older at the time of entry, except employees of Highbrow, Inc., highbrowfurniture.com, Vitra®, and Pre-to-Post Modern as well as members of any of their households, immediate families (spouses, parents, siblings, children and each of their respective spouses). By entering, all participants and entrants release Sponsor and PPA and its or their respective parent companies, subsidiaries, affiliates and their respective agents and affiliated companies, employees, officers, directors and shareholders, from and against all claims, loss and damages arising in connection with each entrant's participation in this sweepstakes. This sweepstakes is void where prohibited by law. Prize and Odds of Winning: One prize for the entire sweepstakes. The Winner will receive notice1 that he or she has won a Verner Panton Heart Cone Chair by Vitra® in red fabric upholstery. Manufacturer Suggested Retail Price: $3,670.00 USD. Odds of winning depend on the number of entries received. No assignment, transfer or substitution of the prize is permitted, except by highbrowfurniture.com in the event of unavailability, in which case Sponsor will award a comparable prize of equal value. Highbrowfurniture.com will ship the prize only to the winner's residential address located within the continental United States. All taxes (state, local and federal) are the sole responsibility of the winner. Drawing: One winner will be selected in a random drawing for all eligible entries received by Sponsor. The drawing will be conducted by Parker, Parker & Associates, PLC ("PPA"). The winner will be notified by e-mail, phone, overnight mail, or regular mail on or about the day of the prize drawing. If in the sole opinion of Sponsor, winner does not respond to notification promptly and reasonably or timely claim the product(s), winner forfeits any rights to the prize, and Sponsor or PPA may select another winner.2 Highbrowfurniture.com reserves the right to withdraw the transmission of the sweepstakes at any time and award the Prize from among the eligible entries received prior to the date of the withdrawal. General Conditions: Winner must complete, execute and return an Affidavit of Eligibility, a Liability Release, and where allowed by law, Publicity Release within seven (7) days of first attempted notification. If winner fails to return the document(s) or respond to prize notification, or if winner is found to be ineligible or not in compliance with these Official Rules, in its sole discretion, Sponsor may disqualify said entrant and an alternate winner may be selected. By accepting the prize, where allowed by law, winner grants highbrowfurniture.com the right to print, publish, broadcast and use, worldwide, in any media now known or hereafter developed, including but not limited to the world wide web, at any time or times, the winner's full name, portrait, picture and/or voice, likeness or biographical information as new or information for advertising, trade, or promotional purposes without additional consideration, and without notice, approval or review. By accepting the prize, to the full extent permitted by law, Winner agrees to hold harmless and indemnify the Sponsor, PPA, and either or both of their advertising or promotional agencies, each of their officers, directors, employees, agents, representatives, or joint venturers from any all liability for any injury, loss, damage, of any kind to any person, including death, or other entity, and property, arising in whole or part, directly or indirectly, from acceptance, delivery, possession, use, or misuse of the prize, participation in any Sweepstakes activities, or participation in this Sweepstakes. Sponsor reserves the right, in its sole discretion, to disqualify any entry, entrant, or individual if it finds or believes: to have tampered or try to have tampered with the entry process or operation of the Sweepstakes or web site; entered or tried to enter through a third party commercial (or similar) vendor; to be in violation of the Terms of Service of a web site, to violate or try to violate any Official Rule of the sweepstakes; act in an non-sportsmanlike or disruptive manner, or annoy, threaten, abuse or harass any person. Any use of robotic, automatic, macro, programmed, or like entry or registration methods will void all such entries by such methods and disqualify all such users having the same email, mailing, or other address. Sponsor or PPA, in its or their sole discretion, may disqualify said entry or award the prize to another randomly selected entrant; provided further, there shall be only one winner in the sweepstakes. Sponsor reserves the right to prosecute any fraudulent activities to the full extent permitted by law. Notice to Online Contestants Only: Sponsor assumes no responsibility for computer system, phone line, hardware, software or program malfunctions or other errors, failures of any kinds, delayed computer transmissions or network connections that are human or technical in nature. Sponsor is not responsible for any problems uploading or downloading any Sweepstakes related information from the website. Any entries generated by script, macro or use of automated devises will be disqualified. Highbrow, Inc. reserves the right, in its sole discretion to cancel or suspend the sweepstakes, in its entirety or in part should virus, bug, tampering, unauthorized intervention, fraud, technical failures or other caused beyond the control of highbrowfurniture.com corrupt the administration, security, fairness, integrity or proper play of the sweepstakes. Sponsor is not responsible for incorrect or inaccurate information whether caused by Internet users or by any of the equipment or programming associated with or utilized in the sweepstakes by any human or technical error that may occur in processing entries in the sweepstakes. Limitations of Liability: Sponsor and PPA are not responsible or liable for any incorrect, inaccurate, or practically unusable information, whether caused by web site users, tampering, hacking, or by any equipment, device, method, or programming associated with or utilized in the sweepstakes and assumes no responsibility or liability for any error, omission, interruption, deletion, defect, delay in (i) operation or transmission, communications line failure, theft or destruction or unauthorized access to the web site, (ii) by mail, delivery service, or (iii) otherwise. Sponsor and PPA are not responsible or liable for injury or damage to participant's or other person's or entity's computer related to or resulting from participating in this sweepstakes or downloading materials for or use of the web site. If, for any reason, the Sweepstakes is not capable or realistically capable of running as planned by Sponsor due to or by reason of intervention of a computer virus, worm, bug, tampering, unauthorized use or other similar intervention, fraud, technical failures, or any other cause(s), which Sponsor, in its sole opinion, deems could corrupt, or affect the administration, security, fairness, or integrity, proper conduct or of the sweepstakes, Sponsor in its sole discretion, reserves the right to cancel, terminate, modify or suspend it and select winners from entries received prior to the action or in other manner as Sponsor deems fair and appropriate. Under no circumstances shall Sponsor, PPA or either or both OF THEIR promotional or advertising agencies, or any of their officers, directors, agents, employees, representatives, parents, subsidiaries, affiliates, and related companies, be responsible or liable for any injury, damage or loss of any kind, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES FOR ANY INJURY, LOSS, OR DAMAGE ARISING OUT OF THIS SWEEPSTAKES OR PROMOTION, OR ACCESS TO AND USE OF INTERNET SITE, www.highbrowfurniture.com, OR THE DOWNLOADING FORM AND/OR PRINTING MATERIALS DOWNLOADED FROM SAID SITE. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THIS WEB SITE IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTY OF MERCHANTABILITY, IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTY RELATED TO NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES. THUS, SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. EXAMINE LOCAL LAWS FOR RESTRICTION OR LIMITATIONS ON THESE LIMITATIONS OR EXCLUSIONS. Regardless of any other provision or circumstance, the liability of Sponsor, PPA, and their advertising and promotional agencies shall not exceed $3,670.00, the manufacturer's suggested retail price for the prize. Disputes: As a condition of participating in this promotion and/or sweepstakes, participant agrees that any and all disputes that cannot be resolved between the parties and all causes of action arising out of or connected with this promotion and/or sweepstakes, shall be resolved by arbitration before the National Arbitration Forum (NAF) under the arbitration rules and procedures selected by NAF. Such dispute may only be considered individually, not as a class action or by similar device. The parties agree that the arbitrator(s) shall only have authority to award actual damage and no other, including attorney's fees, statutory damages, treble damages, punitive damages, incidental or consequential damages, or indirect damages of any type or kind, and the arbitrator(s) shall have no authority to award any other damage, redress, or relief of any type or kind whatsoever, however denominated, whether equitable, legal, civil, administrative, or otherwise, in excess of the dollar limit stated in the section labeled "Limitations of Liability." At Sponsor's option, it may require participant to mediate any dispute prior to arbitrating it. Participant agrees that any mediation and arbitration must take place and may only take place in Nashville, Davidson County, Tennessee, and that enforcement of any award lies exclusively in the Davidson County, Tennessee courts having jurisdiction to enforce it. The parties agree that to the extent permitted Tennessee law shall apply, except that the Federal Arbitration Act shall apply to the arbitration process. In the event that the NAF will not hold or conduct the arbitration hereunder, upon petition, then the Davidson County, Tennessee Courts having jurisdiction shall select the arbitration forum. Any mediator must be on the list of approved mediators as authorized under Tennessee law. Winner's List: After the winner is announced, on or about April 2, 2009, you may obtain the name of the prize winner either by visiting www.highbrowfurniture.com or mailing a self-addressed stamped envelope to: Highbrow, Inc. Love at First Sit™ Winner Request. Requests received ninety days after the winner is announced may not be honored. Main Sponsor: Highbrow, Inc. d/b/a highbrowfurniture.com. Post Office Box 160590, Nashville, Tennessee 37216; 3352 Ambrose Avenue, Nashville, Tennessee 37207.
1 Sponsor or its agent contemplates one (1) notice out of one (1) prize notice delivered. In short, the prize winner will be notified by Sponsor or its agent.
2 If a selected winner does not respond as required, Sponsor or its agent would send a notice to the next randomly selected entrant and deem such person the winner.
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