OFFICIAL RULES
NO PURCHASE NECESSARY
By participating in the Contest, each participant unconditionally accepts and agrees to comply with and abide by a) these Official Rules, and b) the decisions of MCLA The Lax Mag, LLC which shall be final and binding with respect to all aspects of the Contest.
In these Official Rules, a) the term "the Sponsor" refers to MCLA The Lax Mag, LLC and, where the context permits or requires, any representative or representatives of MCLA The Lax Mag, LLC, and b) "Prize" means a Prize (described under the heading "Prizes" below) which is available to be won in the Contest.
CONTEST PERIOD
The Contest begins at 12:00:01 a.m. Eastern Daylight Time ("EDT") on October 1, 2008 and closes at 11:59:59 p.m. Eastern Standard Time ("EST") on March 1, 2009 (the "Contest Period").
ELIGIBILITY
Subject to the provisions of these Official Rules, this Contest is open to anyone who is 18 years or older.
The Contest is NOT open to the following persons:
Any person who, at any time on or after July 1, 2008, was or is a director, officer, employee, agent of MCLA The Lax Mag, LLC, or of any division, parent, subsidiary, affiliated company, service agency, or independent contractor of any of the above organizations;
Individuals engaged in the development, production or distribution of materials associated with this Contest, or in the prize supply for this Contest; and
Persons who are or purport to be immediate family members (defined as spouse or biological or step- mother, father, sister, brother, daughter, son or dependent for Canadian federal income tax purposes) of any person in any of the preceding categories, regardless of where they live, or who reside in the same household, whether related or not, as any person in any of the preceding categories.
In these Official Rules, a person who is eligible to enter the Contest is called an"eligible entrant".
PRIVACY CONSENT
By entering the Contest, eligible entrants consent to the collection and use of their personal information by the Sponsor upon and subject to, in the case of the Sponsor, the terms and provisions of the Sponsor's privacy policy linked on the Website and posted at www.mclamag.com.
HOW TO ENTER THE CONTEST
No eligible entrant is permitted to submit more than one Entry (as defined below) into the Contest, per unique email address during the Contest Period
Subject to these Official Rules, an eligible entrant can enter the Contest by visiting www.twobirdsup.com (the "Website") and entering all required information on the Website's registration page. In these Official Rules an entry which is entered into the Contest by an eligible entrant, which contains all the required nformation, and which, in all other respects, complies with all of the provisions of these Official Rules, is referred to as an "Entry".
Note respecting Website Access: In order to log-on to the Website, eligible entrants will need access to the Internet. If an eligible entrant does not have immediate Internet access, the eligible entrant may choose to inquire in his/her locality about where and how that access can be obtained. The Sponsor understands that many public libraries in Canada do offer Internet access on terms adopted by each such library facility.
Important Note: No Prize will be awarded to an eligible entrant in respect of an Entry which he/she submits to the Sponsor which does not comply in full with the provisions of these Official Rules, or which is received by the Sponsor outside the Contest Period, or which does not contain all of the required information, or which is not an original Entry (entries sent by any mass transmission will not be accepted), or which contains information in addition to the required information, or which contains the names of more than one person.
THE RANDOM SELECTION AND CHANCES OF WINNING A PRIZE
On or about the Draw Date, the Sponsor will use electronic means to select, at random from all Entries submitted by eligible entrants up to the applicable Cut-off Date, a number of Entries corresponding to the number of Prizes (as set out above) which are available to be won related to each such Draw Date. Each Entry which is selected as just described is called a "Potential Winning Entry". On or about the Draw Date, the Sponsor also will select by electronic means, at random from all Entries submitted by eligible entrants up to the applicable Cut-off Date, two (2) back-up Entries (each, a "Back-up Entry") per Potential Winning Entry selected on the applicable Draw Date. Each eligible entrant who submitted a Potential Winning Entry, or a Back-up Entry, as the case may be, is called a "Potential Winner" in these Official Rules.
The chances of winning a Prize on a particular Draw Date will depend upon the number of Entries which have been received by the Sponsor from eligible entrants up to the Cut-off Date which is applicable to that Draw Date.
NOTIFICATION OF POTENTIAL PRIZE WINNERS & VERIFICATION
Commencing approximately ****, the Sponsor will attempt to notify each Potential Winner who submitted a Potential Winning Entry which was selected on the applicable Draw Date by placing up to three (3) telephone calls to each such Potential Winner at the daytime telephone number the Potential Winner included in his/her Potential Winning Entry. If the Sponsor is able to actually speak to a Potential Winner from an applicable Draw Date, the Sponsor will inform that Potential Winner that his/her Entry is a Potential Winning Entry. If the Sponsor is unable to actually speak to any such Potential Winner, the Sponsor will leave a voice mail message (if possible) at the daytime phone number the Potential Winner included in his/her Potential Winning Entry and the Potential Winner must reply to the phone message within twenty-four (24) hours from the time the voice mail message was left by the Sponsor.
PRIZES
The number of Prizes available to be won will diminish as Prizes are awarded in the course of the Contest. Entrants are only eligible to win one (1) prize. A person who is awarded a Prize is called a "Winner" in these Official Rules.
LIMITS OF RESPONSIBILITY
By accepting the Prize, Winners acknowledge that the Prize is being supplied by or through the Sponsor which has the right in its sole discretion to substitute a Prize, or any part or parts thereof, of equal or greater value, and acknowledge that the Prize is not subject to the Sponsor's control. Winners further agree that the Sponsor is not liable to them or to their heirs and assigns for death, personal injury, property damage, or any other loss that may occur: 1) due to any act or omission of the supplier of a Prize, or of any part or parts thereof, or 2) by reason of any other event over which the Sponsor has no control.
CANCELLATION POLICY
No Prize is transferable, convertible to cash in whole or part, or has any cash value, and no Prize is refundable and, other than at the Sponsor's sole discretion, there shall be no substitution, for the whole or any part or parts of a Prize, whether for date, or otherwise.
GENERAL
All Entries become the sole property of the Sponsor. The Contest is subject to all applicable federal, state, and local laws and regulations. The Sponsor will not enter into any correspondence or other communication with any eligible entrant who is not a Potential Winner. Any attempt by any person to tamper with the Entry process, to interfere with the proper administration and enforcement of these Official Rules and/or the Contest, to deliberately damage any website, or to undermine the administration, security or legitimate operation of the Contest, is a violation of law, and the Sponsor reserves the right to seek damages and/or other relief from all persons responsible for such acts to the fullest extent permitted by law, which may include banning or disqualifying eligible entrants from this and future contests and competitions of the Sponsor.
PUBLICITY CONSENT
Every Potential Winner hereby grants to the Sponsor, and each of their respective franchisees, parent, subsidiaries, affiliates, local corporate and non-corporate advertising cooperatives, advertising agencies, representatives and agents (collectively, the "Contest Parties") the unlimited right (but not the obligation) to publish or use, without payment or other compensation and without notice, consent or approval, his/her (and/or his/her Child's) name, photograph or likeness, address (city/town and Province), voice, and the whole or part of any statement or statements he/she (and/or his/her Child) has made or makes about the Contest, a Prize, any part of a Prize, or any Prize-related activity, in any publicity, or program or advertising, without geographic limit and in perpetuity, in any medium now known or hereafter devised (including the Internet), and hereby consents without limitation to any such publication or use without further notice, consent, approval or compensation.
LIABILITY RELEASE
Every Potential Winner, on behalf of himself/herself and his/her Child hereby (a) releases and holds harmless each of the Contest Parties and each of their respective directors, officers, employees, parent companies, subsidiaries, affiliates, franchisees, suppliers, representatives and agents from any and all liability for injuries, loss or damage of any kind to any person or persons, including death or personal or property damage, resulting in whole or in part, directly or indirectly, from acceptance, possession, use or misuse of any Prize or any part of any Prize, participation in the Contest, or participation in any Prize-related activity; and (b) agrees to fully indemnify each of the Contest Parties and each of their respective directors, officers, employees, parent companies, subsidiaries, affiliates, franchisees, local corporate and non-corporate advertising cooperatives, advertising agencies, representatives and agents from any and all claims on the part of any third party or parties related in any way and for any reason to the Contest or to a Prize including, without limitation, any claim relating to death, personal or property damage or injury.
LIABILITY DISCLAIMERS
The Sponsor and the Contest Parties assume no responsibility for: any Entry (or Prize) which is lost, stolen, late or delayed for any reason, damaged, or misdirected; for the failure, interruption, technical malfunction or delay of any e-mail or other communication to be received, for any reason; for any incorrect or inaccurate information, whether caused by the Website, by users or by equipment or programming errors associated with or utilized in the Contest; for any technical or human error which may occur in the processing of any Entry or Entries in the Contest; for problems with the function of any website or website feature, howsoever caused; for the malfunction of, or damage caused to, any telephone network or lines, computer equipment, voice mail system or machine, data or software, online systems, servers or access providers; for any functionality lost due to not having cookies enabled; for traffic congestion on the Internet; for the security or privacy of information transmitted via computer networks or telephone systems; or, for breaches of privacy due to interference by third party computer "hackers" or for any damage caused to or incurred by any eligible entrant or any other person by reason of any such event or occurrence.
FORCE MAJEURE
Subject to any governmental approval which may be required, the Sponsor reserves the right, without prior notice and at any time, to terminate the Contest, in whole or in part, or to modify, suspend or extend the Contest in any way, if it determines, in its sole discretion, that the Contest is impaired or corrupted or that fraud or technical problems, failures or malfunctions (including, without limitation, computer viruses, glitches, or printing or production errors) have destroyed or severely undermined the proper play, integrity, and/or feasibility of the Contest. In the event the Sponsor determines in its sole discretion that it is prevented from continuing with the Contest as contemplated herein by any event beyond its control, including but not limited to fire, flood, natural or man-made epidemic or health hazard or crisis, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal, Provincial, or local government law, order, or regulation, public health crisis (e.g. SARS), the order of any court or jurisdiction, or by any other cause not reasonably within the Sponsor's control (each a "Force Majeure event"), then subject to any governmental approval which may be required, the Sponsor shall have the right to modify, suspend, extend or terminate the Contest. If the Contest is terminated, in whole or in part, before the designated end date, the Sponsor will select Winners (or the remaining Winners, as the case may be) in a random drawing from all eligible, non-suspect Entries received as of the date of the Force Majeure event. Only the type and quantity of Prizes described in these Official Rules will be awarded.
INVALIDITY
The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. Headings and captions are used in these Official Rules solely for ease of reference, and shall not be deemed to affect in any manner the meaning or intent of these Official Rules or any provision hereof. These Official Rules cannot be modified or amended in any way except in writing by a duly authorized representative of the Sponsor. Employees of the Sponsor, or of any of its franchisees, are not authorized to modify, amend or waive these Official Rules.
GOVERNING LAW: State of Nevada.
OFFICIAL RULES: These Official Rules will be posted online during the Contest Period at www.twobirdsout.com and linked via the Website.