| VONAGE REFER-A-FRIEND® SUMMER GIVEAWAY OFFER TERMS AND CONDITIONS |
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1. Eligibility: Vonage Refer-A-Friend® Summer Giveaway (the "Offer") is open to permanent legal residents of the fifty (50) United States (including Washington, D.C.) who are Vonage customers and at least eighteen (18) years old at the time of entry and for the remainder of the Offer Period (as defined below). Employees of Vonage Marketing, Inc., ePrize, LLC, and their respective parents, subsidiary and affiliate companies, as well as the immediate family (spouse, parents, siblings and children and their respective spouses, regardless of where they reside) and household members of each such employee (whether related or not), are not eligible to participate. Void where prohibited. All applicable federal, state and local laws apply. 2. Timing: Offer begins on June 6, 2008 at 12:01a.m. Eastern Time ("ET") and ends on September 5, 2008 at 11:59 p.m. ET ("Offer Period"). Sponsor's computer is the official time-keeping device for the Offer. 3. How to Participate in the Refer-A-Friend Program: There are two (2) ways to participate in the Refer-A-Friend Program:
Purchases of Vonage equipment and/or subscriptions for Vonage service made at retail locations or through partner websites are excluded from eligibility for the Refer-A-Friend Program. Offer is valid in the United States only. You may only refer persons with whom you have an existing relationship. In the event that two or more people try to refer the same person, the referred non-customer will only be able to sign-up for the Refer-A-Friend Program under one (1) customer's referral. All entrants must comply with the Vonage Terms of Service found on the Vonage Website. Log-on to your Vonage Online Account and go the Refer-A-Friend page for more offers and their associated terms and conditions. 4. How to Earn Rewards: You will receive credit for one (1) vested sign-up for each person that you refer in compliance with the Refer-A-Friend Program as set forth above who subsequently (i) successfully subscribes for Vonage during the Offer Period, and (ii) remains a Vonage customer for thirty-one (31) consecutive days ("Vested Sign-up"). Sponsor will determine in its sole discretion how many Vested Sign-ups each participant has gained. On or after September 5, 2008, you will receive an e-mail notifying you of the number of Vested Sign-ups you have gained as of such date and you will be given instructions on how to pick your Reward for your respective tier on www.vonage.com/rewards. Limit: one (1) Reward per household. The Reward that corresponds to the number of Vested Sign-ups is outlined in the chart below:
The customer who gains the highest number of Sign-ups will be awarded the Tier 5 Prize. In the event of a tie for the highest number of Sign-ups, the customer who gained the highest number of Sign-ups first will be awarded the Tier 5 Reward. Once you receive the notification email, you will have thirty (30) days to follow the instructions in the email or on the promotion landing page to select a Reward from your respective tier. If you do not select a Reward within thirty (30) days as outlined in the notification email or promotion landing page, Sponsor will send you the American Express gift card Reward for your respective tier. Sponsor will determine the make and model of the iPod Nano, Garmin GPS, LCD TV, and HP Laptop in its sole discretion. Rewards will be fulfilled approximately 8-10 weeks after you have selected which prize you would like to receive, or from the end of the thirty (30) day notification email window. 5. Sponsor: Vonage Marketing, Inc., 23 Main St. Holmdel, NJ 07733. 6. Release: By receipt of any Reward, participant agrees to release and hold harmless Sponsor, ePrize, LLC, and their respective subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and prize suppliers, and each of their respective parent companies and each such company's officers, directors, employees and agents (collectively, the "Released Parties") from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Offer or receipt or use or misuse of any Reward. Sponsor will not replace any lost or stolen rewards. The recipient is solely responsible for all expenses and costs associated with acceptance and/or use of the Reward not specifically stated herein as being awarded, including, without limitation, and all federal, state and local taxes. 7. Publicity: Except where prohibited, participation in the Offer constitutes winner's consent to Sponsor's and its agents' use of winner's name, likeness, photograph, voice, opinions and/or hometown and state for promotional purposes in any media, worldwide, without further payment or consideration. 8. General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Offer, or any part of it, if any fraud, technical failures or any other factor beyond Sponsor's reasonable control impairs the integrity or proper functioning of the Offer, as determined by Sponsor in its sole discretion. Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the registration process or the operation of the Offer or to be acting in violation of these Terms and Conditions or any other promotion or in an unsportsmanlike or disruptive manner (including, without limitation, spamming). Any attempt by any person to deliberately undermine the legitimate operation of the Offer may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor's failure to enforce any term of these Terms and Conditions shall not constitute a waiver of that provision. Sponsor disclaims any and all liability for the actual provision, quality or nature of any third party product or service accepted by the winners. No transfer, substitution, assignment or cash redemption will be awarded in lieu of stated Reward except by Sponsor who reserves the right to substitute a Reward (or portion thereof) of comparable or greater value, at their sole discretion. All Reward details are at the sole discretion of the Sponsors. If any winner cannot accept the applicable Reward as stated, the Reward will be forfeited. The failure of Sponsor to comply with any provision of Offer Terms and Conditions due to an act of God, hurricane, war, fire, riot, earthquake, terrorism, act of public enemies, actions of governmental authorities outside of the control of Sponsor or other force majeure event will not be considered a breach of these Offer Terms and Conditions. If for any reason this Offer is not capable of being run or implemented as planned (as determined by Sponsor in their sole discretion), including, but not limited to, as the result of infection by computer viruses or bugs, tampering, unauthorized intervention, fraud, or any other cause of any kind, which, in Sponsor's sole judgment, is likely to or actually corrupts or affects the administration, security, fairness, integrity or proper conduct of the Offer, then Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify or suspend all or any part of the Offer, or to disqualify any implicated participant(s), and the Reward(s) (or any portion thereof) may not be awarded. In the event of cancellation, termination, modification or suspension, Sponsor reserves the right, in its sole discretion, to cancel the Offer. In the event this Offer is cancelled prior to the stated end date, a notice will be posted at http://www.Vonage.com/rewards. 9. Limitations of Liability: The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by participants, printing errors or by any of the equipment or programming associated with or utilized in the Offer; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the registration process or the Offer; (4) technical or human error which may occur in the administration of the Offer or the processing of registrations; (5) late, lost, undeliverable, damaged or stolen mail; or (6) any injury or damage to persons or property, or any loss or damage of any kind whatsoever, which may be caused, directly or indirectly, in whole or in part, from participation in the Offer or receipt or use or misuse of any Reward. Sponsor reserves the right (but is not obligated) to verify eligibility. 10. Disputes: Except where prohibited, participant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Offer or any Reward awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the Eastern District of Michigan (Southern Division) or the appropriate Michigan State Court located in Oakland County, Michigan; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Offer, but in no event attorneys' fees; and (3) under no circumstances will participant be permitted to obtain awards for, and participant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms and Conditions, or the rights and obligations of the participant and Sponsor in connection with the Offer, shall be governed by, and construed in accordance with, the laws of the State of Michigan, without giving effect to any choice of law or conflict of law rules (whether of the State of Michigan or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Michigan. NO WARRANTIES: Sponsor makes no warranties covering any of the Rewards furnished as part of this Offer. 11. Participant's Personal Information: Information collected from participation is subject to ePrize, LLC's Privacy Policy and Sponsor's Privacy Policy . © 2008 ePrize, LLC. All rights reserved. |