365Atlanta.com “Happy Birthday to Me…and You” Giveaway Contest – Official Rules

365Atlanta.com is giving away a pair of tickets to the Atlanta Braves vs. Florida Marlins baseball game on Sunday, August 29, 2010, at 1:35 p.m., at Turner Field in Atlanta, Georgia.  You must review these Official Rules before you can enter the Giveaway Contest.  Participation in the Giveaway Contest constitutes an agreement by each contestant to comply with these Official Rules.  All decisions regarding interpretation of these Official Rules and administration of the Giveaway Contest made by Sponsor are final and binding.  Sponsor reserves the right to amend or cancel the promotion of this Giveaway Contest at any time.

SPONSOR: The 365Atlanta.com “HAPPY BIRTHDAY TO ME…AND YOU” Giveaway Contest is sponsored by 365Atlanta.com, 10220 Medlock Bridge Road, Johns Creek, GA 30097.

CONTEST PERIOD: Dates of the Giveaway Contest are Monday, August 23, 2010 to Tuesday, August 24, 2010.

ELIGIBILITY: Subject to the additional restrictions below, the Giveaway Contest is open only to those who are eighteen (18) years of age or older at the time of entry and a U.S. citizen.  Employees and independent contractors of 365Atlanta.com and their immediate family members, as well as those of 365Atlanta.com’s parent companies, subsidiaries, affiliates and advertising agencies (the “Contest Entities”), are not eligible to win.  The term “immediate family members” includes spouses, parents, grandparents, siblings, children, and grandchildren.  Only one winner per household per contest.  If you have won a Contest sponsored by 365Atlanta.com within the past 60 days, you are not eligible to enter.  THIS GIVEAWAY CONTEST IS VOID WHERE PROHIBITED OR RESTRICTED BY LAW.

TO ENTER: NO PURCHASE NECESSARY. There is one way to enter the “Happy Birthday to Me…and You” Giveaway:  by Internet.  Contest is limited to one entry per natural person.  Multiple entries will be disqualified.  Starting on August 23, 2010 at 5:00 a.m., Eastern Standard Time, participants may go to any Internet-ready computer and (1) go to the 365Atlanta.com website (www.365atlanta.com) and enter a comment on blog post #199.  All conversations in connection with the Giveaway Contest must be conducted in English.  Sponsor cannot translate for non-English-speaking contestants. All entries become property of Sponsor and none will be returned.

DEADLINE: In order to be eligible for the drawing, deadline for receipt of entries, by online registration, is 12:00 noon, Eastern Standard Time, on August 24, 2010.  The timeliness of entries by comment on blog post #199 will be determined according to electronic timestamps.  All entries must be complete in order to qualify for the Giveaway Contest.

SELECTION OF WINNER: All entries will be pooled together and the winner will be randomly selected from among them by Sponsor on or about August 24, 2010.  If a selected winner is ineligible, or if Sponsor is unable to make contact with a selected winner after reasonable effort and time, the prize shall be forfeited and awarded to an alternate winner selected at random from among all remaining eligible entries.

PRIZE AND ODDS: The eligible entry chosen will be the winner.  The winner will receive a a pair of tickets to the Atlanta Braves vs. Florida Marlins baseball game on Sunday, August 29, 2010, at 1:35 p.m., at Turner Field in Atlanta, Georgia (approximate total retail value $56.00).  Prize is non-transferable, non-negotiable and not redeemable for cash, credit or merchandise.  No prize substitutions are available; however, Sponsor reserves the right to substitute prizes of equal or higher value.  The odds of winning depend on the number of eligible entries received.

AWARDING & DELIVERY OF PRIZE: The winner will be notified by email on or before August 24, 2010 and will be required to pick up the prize at the Fox Theatre Box Office Will Call during normal business hours, after 12:00 noon on August 25, 2010 and before 12:00 noon on Saturday, August 28, 2010.


  1. As a condition of receiving the prize, the winner will be required to execute an affidavit of eligibility and a liability and publicity release, releasing Sponsor and the Contest Entities from any and all claims of liability, damages or taxes arising from or relating to participation in the Giveaway Contest or in reception and use of the prize.
  1. Except where prohibited, by claiming the prize and signing the publicity release, the winner consents to the publication of his/her name and image in promotional announcements and other promotional material from 365Atlanta.com, and to the inclusion of his/her name, voice, likeness, picture and/or biographical information in any publications or websites for public relations, without limitation or compensation.
  1. Failure to do or abide by any of the foregoing in a timely manner or to comply with any term or condition of these Official Rules may, at the sole discretion of Sponsor, result in forfeiture of the prize.

LIMITATIONS ON LIABILITY AND GENERAL RELEASE: By entering the Giveaway Contest, all contestants and the winner agree that (1) any and all disputes, claims, and causes of action arising out of or connected with the Giveaway Contest, or any prizes awarded, shall be resolved individually, without resort to any form of class action; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Giveaway Contest but in no event attorneys’ fees; and (3) under no circumstances will any contestant be permitted to obtain any award for, and all contestants hereby waive all rights to claim punitive, incidental or consequential damages and/or any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased.

By entering the Giveaway Contest, contestant’s name, address, and e-mail address may be used by 365Atlanta.com for marketing or promotional purposes as described in our Privacy Policy.  Contestants release Sponsor and the Contest Entities, any other promotional sponsors, and each of their respective parent companies, affiliated companies, directors, officers, employees, representatives and agents from any liability whatsoever for any claims, costs, injuries, losses, or damages of any kind arising out of or in connection with the Giveaway Contest or with the acceptance, possession, or use of any prize (including, without limitation, claims, costs, injuries, losses and damages related to personal injuries, death, damage to, loss or destruction of property, rights of publicity or privacy, defamation, or portrayal in a false light).

INTERNET AND TECHNICAL DIFFICULTIES: If for any reason, the Internet-related portion of this contest is not capable of running as planned, including infection by computer virus, tampering, fraud, technical failure, or any other cause which corrupts or threatens the administration, security or integrity of the Giveaway Contest, Sponsor reserves the right, in its sole discretion, to terminate or suspend the Giveaway Contest or any portion of the Giveaway Contest. Any attempt to damage or undermine the fair and legitimate operation of this Giveaway Contest will result in disqualification from the Giveaway Contest. Sponsor is not responsible for incomplete, lost, late, illegible, or mutilated entries or for failure to receive entries due to transmission failures or technical failures of any kind, including, without limitation, malfunctioning of any telephone or other network, hardware or software, whether originating with contestant, Sponsor or third party.  Sponsor is not responsible for any events beyond its control (acts of God, etc.).

In the event of a dispute, an online entry will be deemed to have been submitted by the owner of the email account associated with the entry registration.  For these purposes, an email account holder shall mean the natural person assigned to such email account by the Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with such email account.

WINNER LIST: The identity of the winner and a copy of these Official Rules may be obtained by sending a request with a self-addressed, stamped envelope to Maura Neill, 365Atlanta.com, 10220 Medlock Bridge Road, Johns Creek, GA 30097.

CONSTRUCTION AND GOVERNING LAW: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of contestants and Sponsor in connection with the Giveaway Contest, shall be governed by, and construed in accordance with, the laws of the State of Georgia, without giving effect to any choice of law or conflict of law rules or provisions (whether of the State of Georgia or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of Georgia.

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 be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.

MISCELLANEOUS: Sponsor will not be responsible for typographical, printing or other inadvertent errors in these Official Rules or in other Giveaway Contest materials.  If you have any questions regarding this Giveaway Contest, please contact Maura Neill at maura@365atlanta.com or by mail at the above listed address.