NO PURCHASE NECESSARY TO ENTER OR WIN. VOID WHERE PROHIBITED BY LAW. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. THIS PROMOTION IS OPEN TO RESIDENTS OF THE UNITED STATES AND CANADA (EXCLUDING QUEBEC) ONLY. RESIDENTS OF OTHER COUNTRIES ARE EXCLUDED FROM THIS SWEEPSTAKES AND DISQUALIFIED FROM RECEIVING ANY PRIZES.
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Eligibility and Who Can Enter.
The Intuwin.com/Scratch daily Sweepstakes (collectively, "Sweepstakes") is offered and open only to legal residents of the United States (including District of Columbia) and Canada (excluding Quebec) who are at least thirteen (13) years old at the time of entry ("You"). This Sweepstakes is void in Quebec and otherwise where prohibited.If You are a minor and under the age of eighteen (18), You must obtain the consent of Your parent or legal guardian in order to enter the Sweepstakes. Employees and agents of Intuwin.com/Scratch and Intuwin LLC (collectively, "We," "Us," or "Our"); Our affiliates; subsidiaries; promotional or advertising agencies; any person or company providing prizes or promotional items to Us; any person or company involved in the production, implementation, administration, or fulfillment of the Sweepstakes; and the immediate family members of each are not eligible to participate or win. By entering, You (and Your parent or legal guardian (if You are a minor) fully and unconditionally agree to these Official Rules ("Official Rules") and to be bound by Our decisions, which are final. Winning a prize is contingent upon fulfilling all of the requirements and conditions as set forth herein.
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Entry.
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General Entry Requirements.
The Sweepstakes is held every day during the Promotional Period, as set forth in Paragraph 3. There are three (3) ways that You can win a prize: (i) By becoming an "Instant Winner" when You play Your own Scratch Card or another person's Scratch Card; (ii) by becoming a "Bonus Instant Winner" when people who "scratch" a card that You created ("Scratchers"), become Instant Winners; and/or (iii) by winning the once-per-day "Daily Drawing." In order to win any of these prizes, You must enter the Sweepstakes as follows: To enter the Sweepstakes, You may access Our website at www.Intuwin.com/Scratch or access the site via a Scratch Card that a person has created ("Creator") and has embedded in his/her website, web page, blog, or other acceptable electronic medium. Complete the registration form by filling-in Your full name, date of birth, e-mail address, any other requested fields, and by choosing a password. You are prohibited from entering by using multiple e-mail addresses and/or multiple identities to enter the Sweepstakes and will be disqualified. If You become an Instant Winner by scratching a Scratch Card that You created, You will be disqualified to receive that prize if You also attempt to claim the Bonus Instant Prize by creating a new registration. Your computer must be able to accept "cookies" or other similar technology that We may use to track Your entries. By becoming a registered member of Our website, You incur no obligation other than Your consent to be bound by Our Terms and Conditions of Use, Privacy Policy, these Official Rules, any decisions We make relating to the Sweepstakes, and to receive e-mails or postal mail from Us. You may opt-out of the receipt of non-Sweepstakes-related e-mails by following the directions in an e-mail that You receive.
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Instant Winner Entry.
You are automatically entered into the Sweepstakes for an Instant Winner prize for each daily Entry Period whenever: (i) You play Your own or another Creator’s Scratch Card for that Entry Period; and/or (ii) Scratchers, if any, play a Scratch Card that You created during each Entry Period.
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Daily Drawing Entry.
You must play Your own and/or another Creator’s Scratch Card during each daily Entry Period and log-in or register through Our website to be entered into the Daily Drawing. By so doing, You are then entered into the Daily Drawing and do not have to take any further action, regardless of whether You are an Instant Winner or not. While You and/or Scratchers may play Your Scratch Card multiple times during a particular Entry Period for the Instant Winner prize, You will only be entered into the Daily Drawing once per different Scratch Card per Entry Period.
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Alternative Means of Entry.
You may also enter the Daily Drawing (but not Instant Winner) portion of the Sweepstakes by sending to Us a 3” x 5” handwritten postcard containing Your full name, full address (including zip code), date of birth, e-mail address (if applicable), and telephone number (if applicable). All of the information on the postcard must be legibly printed. The postcard must be sent via first class mail and addressed to: Daily Drawing, Intuwin LLC, Attn: Intuwin.com/Scratch, 954 3rd Avenue, Suite 802, New York, NY 10022.
If You are under the age of 18, the following language must be handwritten on Your postcard: “I have read and agree to the Official Rules of the Sweepstakes, and my child has my permission to participate in the Sweepstakes.” The name of Your parent or legal guardian must be printed, signed, and dated next to this statement.
Your Postcard may be sent anytime after the beginning of the Promotional Period and must be received by Us at least seven (7) days before the end of the Promotional Period. All information will be entered into Our computer system within seventy-two (72) hours of receipt and You will be entered in all remaining Daily Drawings during the Promotional Period thereafter. You are limited to one (1) card and entry per Promotional Period.
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Promotional and Entry Periods.
The Sweepstakes begins on Saturday, August 18, 2007 at 12:00 a.m. Eastern Standard Time (“EST”) and ends on Monday, August 27, 2007 at 11:59 p.m. EST (“Promotional Period”). The Promotional Period consists of separate daily entry periods which begin at 12:00 a.m. EST and ends at 11:59 p.m. EST on that day (“Entry Period”), every day until the end of the Promotional Period. You will only be able to enter the Sweepstakes for the prizes offered on that particular day and Entry Period, but You may enter every day during the Promotional Period, as set forth in Paragraph 2. Any entries received after 11:59 p.m. EST will be entered into the next day’s Sweepstakes for the Daily Drawing, as long as the next day is within the Promotional Period.
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Prizes.
There will be ten (10) Instant Winner prizes that will be awarded during the Promotional Period valued at $5.00 each, with a total value of $50.00, and up to ten (10) Bonus Instant Winner prizes that will be awarded during the Promotional Period valued at $5.00 each, with a maximum value of $50.00, and a total of ten (10) Daily Drawing prizes of $10.00 each, with a total value of $100.00. All winners for any drawing will be selected at random from all eligible entries. Prizes are not transferable. No substitutions or exchanges of any prizes will be permitted, except that We reserve the right to substitute a prize of comparable or greater value.
Prizes are awarded every day during the Promotional Period. Instant Winner prizes are awarded at randomly generated times during a particular Entry Period. One (1) Instant Winner prize shall be awarded per daily Entry Period. If a Scratcher wins by playing a Creator’s Scratch Card other than his/her own Scratch Card, then a Bonus Instant Winner prize shall be awarded to the Creator of that Scratch Card as set forth in Paragraph 6. Only one Bonus Instant Winner prize or Instant Winner prize shall be awarded to the same household per Entry Period. The winner of the Daily Drawing shall be chosen at random at 11:59 p.m. for each Entry Period. One (1) Daily Drawing prize shall be awarded per Entry Period.
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Odds of Winning.
The odds of winning any drawing or prize depend upon the total number of eligible entries received for that drawing, whether submitted electronically through Our website or sent to Us through the mail.
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Notification of Winners.
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Instant Winners.
If You are a Scratcher of a Scratch Card which states that You are an “Instant Winner,” this shall serve as notification by Us that You have won a cash prize as set forth in Paragraph 4. As an Instant Winner, You will be required to register through Our website in order to accept Your Instant Winner prize as soon as You are notified. If You close Your web browser after We notify You or otherwise fail to respond in a timely manner within that browser, We will award the prize to an alternate winner as set forth below.
If you accept the Instant Winner prize, You will then receive an e-mail from Us immediately, but no later than seventy-two (72) hours afterwards ("Initial Notification"), informing You that You are an Instant Winner. Shortly thereafter, You will receive a "Contact Notification" email. You are required to respond to the Contact Notification within five (5) days after We send it. If We do not receive a response, We will attempt to contact You by phone or postal mail, if you provided such information, and may also attempt to send additional e-mails to You. If We are unable to reach You and You do not respond to Us fourteen (14) days after We send the Initial Notification, We will award the prize to an alternate winner as set forth below. If You are the Creator of the winning Scratch Card, You will receive an e-mail from Us immediately, but no later than seventy-two (72) hours afterwards (“Initial Notification”), informing You that You are the Bonus Instant Winner because a Scratcher has scratched Your Card and won and has logged-in or registered with Us, and that You have won the same prize. Shortly thereafter, You will receive a "Contact Notification" email. You are required to respond to the Contact Notification within five (5) days after We send it. If We do not receive a response, We will attempt to contact You by phone or postal mail, if you provided such information, and may also attempt to send additional e-mails to You. If We are unable to reach You and You do not respond to Us fourteen (14) days after We send the Initial Notification, no Bonus Instant Winner Prize will be awarded as set forth below. As provided in Paragraph 7(a), THE SCRATCHER MUST LOG-IN OR REGISTER THROUGH OUR WEBSITE IN ORDER FOR YOU TO RECEIVE YOUR BONUS INSTANT WINNER PRIZE.
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Daily Drawing Winners.
If You are a Daily Drawing Winner, You will receive an Initial Notification from Us immediately, but no later than seventy-two (72) hours after the Daily Drawing for that Entry Period. Shortly thereafter, You will receive a "Contact Notification" email. You are required to respond to the Contact Notification within five (5) days after We send it. If We do not receive a response, We will attempt to contact You by phone or postal mail, if you provided such information, and may also attempt to send additional e-mails to You. If We are unable to reach You and You do not respond to Us fourteen (14) days after We send the Initial Notification, We will award the prize to an alternate winner as set forth below.
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Alternate Winners.
If You are an Instant Winner or Daily Prize Winner (but not a Bonus Instant Winner) and We cannot reach You or You do not respond to Us or You are a Canadian resident and cannot or do not answer the skill tested question, We will award Your prize to an alternate winner selected at random. We may extend the Promotional Period for a limited time and/or increase the number of Instant Winners of an Entry Period in order to reach the number of Winners set forth in Paragraph 4. Bonus Instant Prize, are contingent upon an Instant Winner logging-in or registering with Us and shall not be awarded to an alternate winner if an Instant Winner fails to do so. We are not responsible if You provide erroneous or incorrect e-mail, telephone, address, or other contact information or if You use or employ measures to block Your receipt of e-mails from Us. If We cannot notify You as provided herein, or if You do not respond to Us, You will be deemed to have forfeited Your prize. Our decision about all winners and/or the award of prizes is final.
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Prize Verification of Potential Winners.
All potential winning plays are subject to verification by Us and Our decisions are final and binding. You will not be deemed to be a winner of any prize, even if the Instant Win or Daily Win game notifies or indicates so, unless and until Your eligibility and the potential winning play has been verified by Us. All potential winners must comply with these Official Rules, and the awarding of all prizes is contingent upon fulfilling all requirements. If You are a Canadian resident and You win a Prize, You will be required to correctly answer a time-limited skill testing question without any assistance in order to be eligible to receive a prize. If the potential winner is a Canadian resident and the question is answered incorrectly, the prize will be forfeited and will be awarded to an alternate winner. In the event that the potential winner is disqualified for any reason, alternate winners will be selected as set forth in Paragraph 6(c).
Acceptance and Receipt of Prizes.
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Acceptance by Instant Winner.
A Scratcher who is an Instant Prize winner is required to register or log-in through Our website, www.Intuwin.com/Scratch, in order to: (i) accept and receive his/her prize; and (ii) allow the Creator to accept and receive the matching prize. If the Scratcher does not log-in or register through Our site after being notified, then the Instant Winner prize for the Scratcher will be awarded to alternate winner as set forth in Paragraph 6(c).
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Receipt of Prize.
Payment of cash prizes to any winner shall be made by Us in one of three (3) ways, at Your request per the Contact Notification e-mail: (a) Via PayPal, if You have a current and valid PayPal account that You provide to Us (or wish to establish through PayPal.com); (b) via an Amazon.com electronic gift certificate; or (c) via check sent through postage-paid USPS postal mail, or through another nationally recognized courier.
We will deem the prize to be accepted by You upon completion of the PayPal transaction (with a confirmatory e-mail received by Us from PayPal or as indicated in Our PayPal account); upon Us receiving notice from Amazon.com that the electronic gift certificate has been sent to You; or upon Our documentation that Our check has been mailed to You. You must provide a valid PayPal account, e-mail address, or current address to Us when You are contacted so that We may deliver Your prize to You. If You fail to do so after We make reasonable attempts to obtain this information, the prize will be awarded randomly to an alternate winner as set forth in Paragraph 6(c). Prizes returned to Us as undeliverable, unaccepted, or are otherwise unclaimed will be awarded to an alternate winner.
You are not required to establish a PayPal account in order to enter the Sweepstakes. If You do so, however, You will be charged a nominal transaction fee by PayPal that will reduce the total value of Your prize. This fee is paid directly to PayPal and We will not reimburse You for it. For more information on these fees, please visit PayPal’s website: www.PayPal.com.
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Responsibility of Winners.
ALL FEDERAL, STATE, PROVINCIAL, MUNICIPAL, TERRITORIAL, AND LOCAL TAXES, FEES, OR DUTIES ASSOCIATED WITH THE RECEIPT OR USE OF ANY PRIZE, IF ANY, IS YOUR SOLE RESPONSIBILITY. As a condition of being awarded any prize, You (or Your parent or legal guardian if You are a minor) may be required to execute and deliver an Affidavit of Eligibility, a Release of Liability, an Acceptance of these Official Rules, and, where lawful, a Publicity Release within ten (10) days of notification (collectively, "Sweepstakes Documents"). If You are a resident of Canada, We may require You to execute additional documents. Failure or refusal to execute any of the Sweepstakes Documents may result in Your disqualification as a prize winner, forfeiture of the prize, and may lead to the selection of an alternate winner, as provided in Paragraph 6(c). In Our Discretion, We may have You execute any or all the Sweepstakes Documents electronically, e.g., via e-mail or fax. Said execution shall have the same legal force and effect as if You had physically signed any of the Sweepstakes Documents.
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Publicity of Winner.
You hereby give Us the right, without any obligation to compensate You, to publish, disclose, use, reproduce, exhibit, display, print, and/or distribute Your first name, first letter of the last name, and location (city and/or state) if You win any prize, as well as any picture of Yourself or any quotation that You are willing to provide about Our Website and/or the Sweepstakes that We, in Our sole discretion, deem to be acceptable. Any more extensive publicity, if any, will be set forth in the terms of the Publicity Release, as discussed in Paragraph 9.
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Automated Entries.
Any development, use, or employment by You, whether directly or indirectly, of an automated program, macro, and/or computerized instruction to enter this Sweepstakes or which otherwise affects its integrity, administration, or operation will void all of Your entries and You will be disqualified for the entire Promotional Period.
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Infringing Scratch Cards.
You are prohibited from creating any Scratch Card which incorporates, copies, reproduces, displays, publishes, exhibits, or uses any image, photograph, picture or other content which infringes or violates the intellectual property (e.g., copyright, trademark, patent, or trade secret), privacy, publicity, or contractual rights of any other person or entity, or which We deem, in Our sole discretion, to be obscene, pornographic, or otherwise inappropriate. You will be disqualified from the Sweepstakes for the Promotional Period and ineligible to win any prizes.
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Technical or Operational Failures.
If for any reason this Sweepstakes cannot run as intended due to computer viruses, technical bugs, tampering, unauthorized intervention, hacking, fraud, technological failures, or any other causes which, in Our sole discretion, corrupt or affect the Sweepstakes’ integrity, administration, security, or fairness, We reserve the right to cancel, terminate, modify, or suspend the Sweepstakes and to conduct random drawings as set forth in Paragraph 6(c) to award any prizes using all eligible entries received as of the termination date. If the Sweepstakes is terminated for any of the reasons set forth herein prior to the end of the Promotional Period, notice will be posted on www.Intuwin.com/Scratch.
Any attempt by You to purposely damage or impair Our website or to undermine the operation of the Sweepstakes may be a violation of applicable criminal and civil laws and may subject You to severe penalties. We reserve the right to pursue any and all remedies and recourse available to Us from You to the fullest extent permitted by law.
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General Release.
You (or Your parent or legal guardian if You are a minor, on behalf of themselves and You), Your heirs, executors, administrators, successors, or assigns release and hold Us harmless, as well as Our officers, directors, agents, affiliates, vendors, distributors, affiliates, contractors, advertising and/or promotion agencies from any and all liability relating to or associated with any claims, demands, rights, lawsuits, and causes-of-action whatsoever that You may have, or which may arise, against any of the foregoing for any matter or cause whatsoever, including without limitation, any injuries, loss, or damage of any kind, whether direct or compensatory, incidental, consequential, or otherwise to any person, including death and/or property damage, arising in whole or in part, directly or indirectly, from acceptance, possession, use or misuse of any prize awarded by Us, Your participation in any Sweepstakes-related activity, or Your participation in the Sweepstakes.
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LIMITATIONS OF LIABILITY AND WARRANTY DISCLAIMERS.
WE ARE NOT RESPONSIBLE FOR ANY ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION, OR UNAUTHORIZED ACCESS TO OUR WEBSITE. WE ARE NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE LINES OR COMMUNICATION NETWORK, COMPUTER ON-LINE SYSTEMS, SERVERS, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF ANY E-MAIL, OR ENTRY TO BE RECEIVED BY US ON ACCOUNT OF TECHNICAL PROBLEMS, HUMAN ERROR, OR INTERNET TRAFFIC AT ANY WEBSITE, OR ANY COMBINATION THEREOF. FURTHERMORE, IF YOU ENTER THE SWEEPSTAKES VIA MAIL, WE ARE NOT RESPONSIBLE FOR ANY LATE, LOST, ILLEGIBLE, MISDIRECTED, STOLEN, UNDELIVERED, SEPARATED, OR POSTAGE DUE ENTRIES.
WE ARE NOT RESPONSIBLE FOR ANY INCORRECT, INACCURATE, OR FAILURE TO CAPTURE YOUR INFORMATION, WHETHER CAUSED BY WEBSITE USERS, TAMPERING OR HACKING, OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED IN THE SWEEPSTAKES. WE ARE NOT RESPONSIBLE FOR ANY INJURY OR DAMAGE TO YOU OR TO ANY OTHER PERSON'S COMPUTER RELATED TO OR RESULTING FROM PARTICIPATING IN THIS SWEEPSTAKES OR DOWNLOADING CONTENT FROM OR USE OF OUR WEBSITE.
IN NO EVENT SHALL WE; OUR DISTRIBUTORS; AFFILIATES; SUBSIDIARIES; OFFICERS; VENDORS; OR ADVERTISING AND/OR PROMOTION AGENCIES AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, 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 YOUR PARTICIPATION IN THIS SWEEPSTAKES, ACCESS TO AND USE OF OUR WEBSITE, OR THE DOWNLOADING AND/OR PRINTING OF CONTENT FROM OUR WEBSITE.
WITHOUT LIMITING THE FOREGOING, OUR WEBSITE, ITS CONTENT, THIS SWEEPSTAKES, AND THE PRIZES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW FOR THE LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR FOR THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
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Reliance Upon Limitations.
You and We acknowledge that We have developed the Sweepstakes, and You have entered it, in reliance upon the limitations of liability and the disclaimers of warranties and damages as set forth herein, and that the same form an essential basis of the bargain between the parties. You and We agree that the limitation and exclusions of liability and disclaimers specified in the Official Rules shall survive and apply even if found to have failed of their essential purpose.
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Arbitration of Disputes.
You (or Your parent or legal guardian if You are a minor) agree that in the event of any dispute which arises between the parties relating to the Sweepstakes, the Official Rules, the award of any prize(s), or the determination of a prize winner, which You and We are unable to resolve, said dispute shall be submitted solely and exclusively to arbitration pursuant to the commercial arbitration rules of the American Arbitration Association. Said dispute shall be submitted individually by You, and shall not be subject to any class action or multi-party status. You hereby waive any and all rights to claim punitive, incidental, or consequential damages, attorneys’ fees and costs, and/or the right to have any damages multiplied or increased. You agree that the only damages to which You will be entitled will be Your actual damages, such as Your costs and out-of-pocket expenses associated with entering the Sweepstakes. Said arbitration shall occur exclusively in the city and county of New York.
In the event of any dispute pertaining to the identity of a winner based upon Your use of an e-mail address submitted to Us, only the “Authorized Account Holder” of the e-mail address used at the time of entry shall be deemed by Us to be a winner. An “Authorized Account Holder” means a natural person who is assigned an e-mail address by an Internet or on-line service provider or other organization that is responsible for the assignment of e-mail addresses for the domain name associated with the e-mail address submitted to Us.
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General Conditions.
You agree to abide by the terms of these Official Rules and by Our decisions, which are final and binding on all matters pertaining to the Sweepstakes. The Sweepstakes and the Official Rules are governed, construed, and interpreted under the laws of the State of New York, excluding its conflicts-of-law provisions, and the United States. All lawsuits, causes-of-action, or other proceedings not subject to Arbitration as set forth in Paragraph 17 shall be brought exclusively in the state or federal courts located in the city and county of New York.
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Winners' List and Official Rules.
For a list of the prize winners, please mail to Us a pre-addressed, stamped envelope to: Intuwin.com/Scratch Winners, Intuwin LLC, 954 3rd Avenue, Suite 802, New York, NY 10022 bearing the heading, "Prize Winners." For a copy of the Official Rules, mail a pre-addressed, stamped envelope to the same address bearing the heading, "Official Rules." Vermont and Canadian residents may omit return postage for the Official Rules. If You have any questions about the Official Rules or the Sweepstakes please mail them to the above address or send an e-mail to: OfficialRules@Intuwin.com.
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Sweepstakes Sponsor.
This Sweepstakes is sponsored by: Intuwin LLC, owner of Intuwin.com/Scratch, 954 3rd Avenue, Suite 802, New York, NY 10022.
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Copyright Notice.
The Sweepstakes and all accompanying materials are copyright 2007 by Intuwin.com/Scratch and Intuwin LLC. All rights are reserved.