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KABOOSE PRESENTS: THE SUMMER FAMILY FUN SWEEPSTAKES OFFICIAL RULES AND REGULATIONS (THE “SWEEPSTAKES”)


NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING.
TO PARTICIPATE YOU MUST BE: A LEGAL RESIDENT OF THE 50 UNITED STATES, WASHINGTON D.C., OR CANADA (EXCLUDING QUEBEC), 18 YEARS OF AGE OR OLDER AT TIME OF ENTRY, HAVE A VALID E-MAIL ADDRESS AND HAVE ACCESS TO A WEB BROWSER THAT IS COMPATIBLE WITH NETSCAPE 6.2 OR HIGHER, AOL 7.0 OR HIGHER, OR INTERNET EXPLORER 5.5 OR HIGHER. VOID IN PUERTO RICO, QUEBEC AND WHERE PROHIBITED BY LAW.

  1. Promotion Period: The Sweepstakes begins at 12:00 p.m. Eastern Time ("ET") June 23, 2008 and ends at 11:59 p.m. ET, July 22, 2008 (the "Promotion Period").
  2. Eligibility: THE KABOOSE SUMMER FAMILY FUN SWEEPSTAKES (the "Sweepstakes") is open only to legal residents of the United States (including the District of Columbia) and Canada (excluding Quebec) who are at least 18 years or older at the time of entry. Employees, officers, directors, and representatives of Kaboose Inc. (“Sponsor”), and their advertising or promotion agencies, those involved in the production, development, implementation, or handling of the Sweepstakes, any agents acting on behalf of the above entities, their respective parent companies, subsidiaries, affiliates, licensees, service providers, (collectively, the “Sweepstakes Entities”), as well as the immediate family members and individuals living in the same household of such persons, whether or not related, are not eligible. Groups, clubs, organizations, commercial entities and businesses cannot participate. The Sweepstakes is subject to all federal, state, provincial, and local laws and regulations. Chances of winning depend on the number of eligible entries received during the Promotion Period (defined below). “The Home Depot® is not a sponsor of this promotion. Kaboose is not affiliated with The Home Depot®. The Home Depot® is a registered trademark of Homer TLC, Inc.”
  3. Sponsor: Kaboose Inc. 1400 - 505 University Ave, Toronto, ON M5G 1X3, Canada.
  4. Acceptance of Official Rules: By providing information and participating in the Sweepstakes, each entrant and his/her parent/legal guardian, if necessary, agrees to and accepts these Official Rules and the decisions made by Sponsor in its sole discretion, which are final and binding in all matters related to the Sweepstakes. Entrants who have not complied are subject to disqualification.
  5. Sweepstakes Entry: To enter visit http://sweepstakes.kaboose.com/summer, and follow the instructions to register or log-in. After you have fully completed the online entry form (required fields include email address, date of birth, username, password, first name, last name, mailing address, city, state/province, zip/postal code, country and any pertinent demographic questions marked as mandatory on the Sweepstakes registration form) and submitted the required information or successfully logged-in thereafter, you will receive one (1) entry into the Sweepstakes. If a dispute arises regarding who submitted an entry, entry will be deemed to be submitted by the authorized account holder of the email address provided at time of entry provided he/she is eligible according to these Official Rules. “Authorized account holder” is defined as the natural person who is assigned to an mail address by an Internet access provider, online service provider, or other organization responsible for assigning email addresses for the domain associated with the submitted email address. In the case of an eligible minor, the potential winner’s parent or legal guardian may be the authorized account holder. Potential winners may be required to show proof of being the authorized account holder. Sweepstakes Entities are not liable for lost, late, damaged, mutilated or misdirected entries. Entries generated by script, macro, robotic, programmed, or any other automated means are prohibited and will be disqualified. Proof of transmission (screenshots or captures of upload etc.) does not constitute proof of delivery. All entries become the property of Sponsor and will not be acknowledged or returned other than as set forth in the ‘Personal Information’ section of these Official Rules. All entries must be received during the Promotion Period. Limit one entry per day per person and unique e-mail address during the Promotion Period. Any additional/duplicate entries will be disqualified. Tell your friends about this contest using our online refer-a-friend feature, for every unique friend you refer that returns and fully completes a registration, you will receive an additional entry into the random draw up to a maximum of 10 additional entries using this method during the Promotional Period. Maximum number of entries for the promotional period is 40 (30 from daily entry and 10 from tell-a-friend). Proof of delivery or receipt of a registration will not be deemed by Sponsor to be proof of receipt by Sponsor. Any attempted form of participation in the Sweepstakes other than as described herein is void. Any eligible individual who completes an on-line entry form will be entered in this Sweepstakes unless his/her parent or legal guardian requests that his/her entry be removed in the case of an entrant that is an eligible minor.
  6. Drawings, Odds of Winning: The potential winners will be chosen by the Sponsor whose decisions are final and binding on all aspects of the Sweepstakes through random drawings that will take place daily commencing on June 23, 2008, for one daily winner of the 30 total First Place Prizes and on or about July 29, 2008 for the Grand Prize drawing. Odds of winning a prize depend on the number of eligible entries received. The selected potential winners of the price will receive an email explaining how to redeem the prize. Potential Canadian resident winners will be required to answer a Skill Testing Question which will be administered by email. Potential Canadian winners must reply to the Skill Testing Question email with the correct answer within seven (7) days of the date of receipt of the original email or their entry will be deemed ineligible. Parent/legal guardian of any potential winner, who is an eligible minor, (i.e., at least eighteen (18) years of age but a minor under applicable law) must accept the prize on his/her minor's behalf. Selected entrants must comply with all terms and conditions of the Official Rules, and winning is contingent upon fulfilling all requirements. Further, in all cases, the potential eligible minor winner's parent/legal guardian must sign and return to Sponsor, within seven (7) days of the date of notice or attempted notice is sent, an affidavit of eligibility and release (US only) in order to claim his/her prize. A potential winner forfeits his/her prize if: the potential winner cannot be contacted due to improper email address or mailing address submitted by potential winner; potential winner is ineligible under these Official Rules due to age or resident location; prize is returned as undeliverable; potential winner cannot otherwise be notified, or the potential winner does not otherwise comply with these Official Rules as determined by Sponsor in its sole discretion. In the event that a potential winner is deemed ineligible for any reason, Sponsor may, in its sole discretion, award the prize to an alternate winner
  7. Prizes:
    One (1) Grand Prize – $1,500 Home Depot Gift Card
    Thirty (30) Daily First Place Prizes – One (1) $100 Home Depot Gift Card
    Total Sweepstakes Prize Pool Approximate Retail Value: $4,500 USD
    No substitution, assignment or transfer of prizes permitted, except by Sponsor, who reserves the right, in its sole discretion, to substitute a prize or prize component with another item of comparable or greater value. Gift cards are not redeemable for cash and are subject to the terms and conditions of the issuer. Winners are responsible for all taxes, costs, and fees associated with prize receipt and/or use that are not specified in the Official Rules. Any depictions of prizes are for illustrative purposes only.
  8. General Conditions: Sponsor reserves the right to cancel or modify the Sweepstakes if fraud, technical failures or any other factor beyond Sponsor's reasonable control impairs the integrity of the Sweepstakes, as determined by Sponsor in its sole discretion. In such event, Sponsor reserves the right to award the prizes at random from among the eligible non-suspect entries received up to the time of the impairment. In no event will Sponsor be liable for more than the stated number of prizes available, as outlined in these Official Rules. Sponsor reserves the right to disqualify any individual (and void all associated entries or an associated entry’s entitlement to the prize), if, in its sole discretion, it determines or suspects such individual to be tampering with the entry process or the operation of the Sweepstakes including by cheating, hacking, deception, or other fraudulent, deceptive or unfair playing practices (e.g., any entries generated by script, macro, robotic, programmed, or any other automated means),acting in violation of these Official Rules, or otherwise acting in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately damage Sponsor’s web site or undermine the legitimate operation of the Sweepstakes (including, but not limited to, any violations of these Official Rules) is a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right (i) to disqualify any such entrant from the Sweepstakes and (ii) to seek damages from any such entrant to the extent permitted by law. Sponsor's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
  9. Winner Notification/Prize Award: Potential winners will be contacted by email using the contact information provided at the time of entry. If any potential winner is found to be ineligible, declines to accept the prize, or in the event that prize confirmation or the prize is returned undeliverable, or Sponsor is unable to contact a potential winner within fourteen days after issuance of prize notification, the prize will be forfeited and, at Sponsor’s discretion, an alternate potential winner may be selected. If any potential winner is at least 18 but still considered a minor in his/her state of residence, the prize may be awarded to such winner’s parent or legal guardian who will be required to fulfill all requirements imposed on winners set forth herein. Potential winners must comply with all terms and conditions of these Official Rules, and winning is contingent upon fulfilling all requirements, including if the potential winner is ineligible under these Official Rules due to age or resident location. Sponsor is not responsible if any potential winner notification is not received for any reason. For instance, Sponsor is not responsible if potential winner does not receive his or her winner notification or corresponding prize because a fraudulent or bogus email address or other inaccurate contact information was provided at the time of entry or if the email it sends to a potential winner is misdirected or bounces back or is intercepted by SPAM or other email filters. All potential winners must execute and return to Sponsor, within five (5) days of receipt of notification, an affidavit of eligibility a liability release, a release of certain of the information provided as required for tax purposes (if necessary), for the potential Grand Prize Winner or for any other prizes awarded by Sponsor to an individual in a calendar year with an aggregate value of $600 or more, a W-9 or W-8 Form (whichever is applicable) and, unless prohibited by law, a publicity release in order to claim his/her prize. The publicity release will require the winner to agree that Sponsor may use the likeness, photograph, voice, name and last initial, city, state or province, and comments of winner in publicity or advertising in any medium (including the Internet or other interactive network) in perpetuity without further compensation or right of review, except where prohibited by law. If any potential winner cannot be contacted after a reasonable attempt to do so, fails to execute and return the affidavit of eligibility and liability/publicity release (unless prohibited by law) or W-9 or W-8 Form (where applicable) within the specified time period, does not comply with these Official Rules or if the prize is declined or the prize notification is returned as undeliverable, he/she will be disqualified and, at Sponsor’s discretion, a runner-up may be notified. Sponsor will successively attempt to contact up to five (5) potential winners for each of the Grand Prize and First Place Prizes in accordance with such procedure, and if there is still no confirmed winner of any prize after such attempts have been made, the prize may go unawarded. In no event will more prizes be awarded than listed in these Official Rules.
  10. Release: By entering this Sweepstakes, entrant (or their parent or legal guardian if an eligible minor) agrees (i) to release, indemnify, and hold harmless, Sweepstakes Entities from and against any liabilities, claims, losses, damages or causes of action (including but not limited to, claims for any property loss, damage, personal injury or death) arising out of participation in the Sweepstakes or receipt or use of any of the prizes; (ii) that under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim punitive, incidental, consequential, or any other damages, other than for actual out-of-pocket expenses; (iii) that all causes of action arising out of or connected with this Sweepstakes, or the prize awarded, shall be resolved individually, without resort to any form of class action; and (iv) that any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, excluding attorneys’ fees and court costs.
  11. Miscellaneous: Any and all issues concerning the validity, interpretation and enforceability of these Official Rules pertaining to the rights and obligations of the entrant and Sponsor in connection with the Sweepstakes, shall be governed by, the laws of the United States and the Province of Ontario where applicable. Entrant (and parent/legal guardian) hereby acknowledges that Sweepstakes Entities have neither made, nor are in any manner responsible or liable for, any warranty, representation or guarantee, express or implied, in fact or in law, relative to any prize. 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. In particular, Sponsor’s employees are not authorized to waive, modify or amend any provision or provisions of these Official Rules in any manner whatsoever.
  12. Disclaimer of Liability: Sweepstakes Entities are not liable for lost, late, stolen, defaced, mutilated, illegible, delayed, or misdirected entries, technical hardware or software failures of any kind, any errors of any kind relating to or in connection with the Sweepstakes, whether human, mechanical, clerical, electronic, network or technical in nature, lost or unavailable network connections, or failed, incomplete, or damaged entries, delayed computer transmission which may limit a user's ability to participate in the Sweepstakes in any way, including without limitation the incorrect or inaccurate capture of information, or the failure to capture any information in connection with the Sweepstakes, even if caused by the negligence of one of the Sweepstakes Entities. Sweepstakes Entities are not responsible for any problems or the technical malfunction of any telephone network or lines, computer on-line systems, servers, or providers, software or hardware equipment, failure of any e-mail on account of technical problems, or any combination thereof, including any injury or damage to entrant’s or any other person’s computer or property related to or resulting from participation with this Sweepstakes.
  13. Personal Information: Information collected from entrants is subject to the Privacy Policy for Sponsor (http:// corporate.kaboose.com/privacy.html). By entering the Sweepstakes, you agree to all of the terms and conditions of the Privacy Policy, In the event of any discrepancy between the Privacy Policy and these Official Rules, these Official Rules shall control and govern. Entrants have the right to withdraw or correct their personal data. Entrants can make requests concerning their personal data, by sending a detailed email message to: [confirm contests@kaboose.com] that must include all the original sign-up information provided
  14. Winners’ List: Sweepstakes results, winner’s list, and/or a copy of these Official Rules may be obtained by sending a self-addressed, stamped envelope to Kaboose Summer Family Fun Sweepstakes/Official Rules" 1400 – 505 University Avenue Toronto, ON, Canada, M5G 1X3. Requests must be received by December 30, 2008. These Official Rules will be posted online at http://sweepstakes.kaboose.com/summer/rules during the Promotion Period.