NatureMadeLisa’s Blog

When our legal department heard what I was up to, they had a few things to say. Feel free to read below for the “official” rules.

THE NATURE MADE LISA KIMBERLY LOCKE CONCERT TICKET GIVEAWAY “OFFICIAL RULES”

NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED. EXCEPT AS OTHERWISE PROVIDED IN THESE OFFICIAL RULES, ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION, AS MORE FULLY EXPLAINED IN SECTION 8 BELOW.

The Nature Made Lisa Kimberly Locke Concert Ticket Giveaway (“Promotion”) is sponsored by Pharmavite, LLC, 8510 Balboa Blvd., Suite 300, Northridge, CA 91235 (“Sponsor”). Enter for a chance to win a pair of concert tickets to see Kimberley Locke perform live at the Nokia Theatre in Times Square on May 15, 2008 (the “Event”).

NOTE: The Event will be photographed, recorded, and/or filmed by audio and visual means. By participating in the Promotion and/or attending the Event, except where prohibited by law, participants consent to the use of their names, photographs, likenesses, voices, biographical data, and/or any information contained in their entry or recorded at the Event for all commercial and non-commercial purposes (including without limitation, advertising and promotional purposes) in all languages, formats and media now or hereafter devised, in perpetuity, throughout the world, including on the internet, by the Sponsor, its promotional partners, and third party marketing entities, without additional compensation, notice, review, or approval. Attendance at the Event constitutes a waiver of any and all claims, including, without limitation, for invasion of privacy, publicity, defamation, etc.

1. HOW TO PLAY. Beginning on May 7, 2008, click on the Promotion link found in various “NatureMadeLisa” blog posts at third party web sites. The link will bring you to the NatureMadeLisa blog site (the “NatureMadeLisa Blog Site”). Once at the NatureMadeLisa Blog Site, be one of the first twenty (20) eligible participants to post a prize claim message by completely and accurately filling out the form to post a comment on the NatureMadeLisa Blog Site. The main part of your post must indicate that you want the tickets or your comment will not be considered a prize claim post (we recommend that be the only aspect to your post). You must provide a functioning e-mail address at the time of posting a prize claim as Sponsor will contact you via that e-mail address to give you instructions if you are a winner. You must also provide your full name at the time of posting a prize claim as you will be required to provide valid, government-issued identification at the Event that matches the name you provided in your claim in order to obtain your Event tickets at will call. No Prize may be claimed by any winner under an assumed name or alias. Prizes won by participants who are minors in the state in which they reside may (in Sponsor’s sole discretion) be awarded to that participant’s parent or legal guardian.

Entries that are forged, altered, or generated by a macro, bot, or other automated means will not be accepted and will be void. Entries made by any other individual or any entity, and/or originating at any other web site or e-mail address, including, without limitation, commercial sweepstakes subscription notification and/or entering service sites, will be declared invalid and disqualified for this Promotion. The Promotion will end when all prizes are claimed or at 11:59 p.m. on May 14, 2008, whichever comes first. The NatureMadeLisa Blog Site’s database clock will be the official timekeeper for this Promotion.

The display of your comment on the NatureMadeLisa Blog Site is not proof of winning. Sponsor assumes no responsibility for advising a participant of an incomplete or otherwise non-compliant submission or prize claim.

2. ELIGIBILITY: The Promotion is open only to legal residents of one of the fifty United States or the District of Columbia, at least eighteen 18 years old at time of entry. Employees of the Sponsor and its parent and affiliated companies, advertising and pr agencies, and promotional partners, and relatives of and those living in the same household as such employees are not eligible to participate or win a prize. For the purpose of this Promotion, relatives are defined as spouse, mother, father, in-laws, grandmother, grandfather, brother, sister, children and grandchildren. Limit one prize claim per person and household.

3. PRIZES/ODDS: Twenty (20) “Winners” will each receive a “Prize” of two (2) tickets each (one for the Winner and one for the Winner’s “Guest”) to see performer Kimberley Locke live in concert at Nokia Theatre Times Square (1515 Broadway Blvd., New York, New York 10036) on May 15, 2008. Total approximate retail value (“ARV”) of each Prize: $2. Total ARV of all Prizes: $40. Each Winner must pick up the Prize in-person at the Nokia Theatre’s will-call office on the day of the Event. Sponsor is not responsible for travel, lodging, or other expenses related to attendance at the Event. Each Winner and his/her Guest must provide their own transportation to the Event, and each Winner must claim his/her Prize in-person at the Nokia Theatre’s will-call office no later than 1:59 p.m. on the day of the Event, or Prize may be forfeited. Winners will be required to present valid, government-issued identification at the venue. All Guests must be at least eighteen 18 years of age. By accepting a Prize, each Winner agrees to maintain his/her behavior in accordance with all applicable laws and generally-accepted social practices in connection with participation in any Promotion activity, including attendance at the Event. Each Winner understands and agrees that Sponsor has the right, in its sole discretion, to disqualify and remove the Winner or his/her Guest from any activity at any time if the Winner or his/her Guest’s behavior at any point is disruptive or may or does cause damage to person, property, or the reputation of Sponsor, or otherwise violates the policies of Sponsor. Event tickets are subject to restrictions imposed by the venue and the concert promoter. The odds of winning depend on how quickly eligible participants post on the designated NatureMadeLisa Blog Site in response to a post by NatureMadeLisa.

Each Prize must be used by the Winner and his/her Guest only, and Event tickets that are transferred, duplicated, or sold to a third party will be void. Sponsor is not responsible and/or liable for lost or misplaced Event tickets.

All Prizes legitimately claimed will be awarded. No transfers, Prize substitutions or cash redemptions will be made, except at Sponsor’s sole discretion. Sponsor reserves the right to substitute the stated Prize with another prize of equal of greater value should the stated Prize become unavailable. No more than the stated number of Prizes will be awarded. Notwithstanding the foregoing, Sponsor is not responsible and will not be liable in the event the concert is postponed or cancelled.

4. RELEASES: Winners (or winner’s parent/legal guardian if the winner is a minor in the state in which they reside) may be required (in Sponsor’s sole discretion) to sign and return a Prize claim, an affidavit of eligibility and liability/publicity release within the time frame specified by Sponsor or Prize may be forfeited. The Guest of each winner (or the Guest’s parent/legal guardian if the Guest is a minor) may also be required (in Sponsor’s sole discretion) to sign a liability/publicity release within the time frame specified by Sponsor. In the event of noncompliance with this requirement, the Prize may be forfeited. All Prize claims, affidavits of eligibility and liability/publicity releases are subject to verification by Sponsor.

5. LIMITATION OF LIABILITY: EACH PARTICIPANT AGREES TO RELEASE, HOLD HARMLESS AND INDEMNIFY SPONSOR, AND ITS PARENTS, DIVISIONS, SUBSIDIARIES, AFFILIATES, ADVERTISING, PROMOTION, AND PUBLIC RELATIONS AGENCIES, AND THE RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENCIES OF EACH FOR ANY LIABILITY WHATSOEVER FOR INJURIES OR DAMAGES OF ANY KIND SUSTAINED IN CONNECTION WITH THE USE, ACCEPTANCE, POSSESSION, USE, MISUSE OR AWARDING OF A PRIZE OR WHILE PREPARING FOR, PARTICIPATING IN AND/OR TRAVELING TO OR FROM ANY PRIZE- OR PROMOTION-RELATED ACTIVITY, INCLUDING, WITHOUT LIMITATION, ANY INJURY, DAMAGE, DEATH, LOSS, OR ACCIDENT TO PERSON OR PROPERTY. WINNER AGREES THAT THE PRIZE IS PROVIDED AS-IS WITHOUT ANY WARRANTY, REPRESENTATION, OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT OR IN LAW, WHETHER NOW KNOWN OR HEREINAFTER ENACTED, RELATIVE TO THE USE OR ENJOYMENT OF THE PRIZE, INCLUDING, WITHOUT LIMITATION, ITS QUALITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. FURTHER, NO RESPONSIBILITIES ARE ACCEPTED FOR ANY ADDITIONAL EXPENSES, OMISSIONS, DELAYS, OR RE-ROUTING RESULTING FROM ANY ACTS OF ANY GOVERNMENT OR AUTHORITY. THE WINNER ACKNOWLEDGES THAT HE/SHE IS SOLELY RESPONSIBLE FOR ANY ACTIONS, CLAIMS OR LIABILITIES OF HIS/HER GUEST RELATED TO ANY PROMOTION ACTIVITY, INCLUDING, WITHOUT LIMITATION, ANY ACTIONS, CLAIMS OR LIABILITIES RELATED TO THE GUEST’S USE OF THE PRIZE.

6. ADDITIONAL DISCLAIMERS: Sponsor is not responsible and/or liable for any of the following, whether caused by Sponsor, the participant, or by human error: any lost, late, incomplete, illegible, mutilated, or misdirected entries or mail or postage-due mail; any error, omission, interruption, defect or delay in transmission or communication; viruses or technical or mechanical malfunctions; interrupted or unavailable cable or satellite systems; errors, typos, or misprints in these Official Rules, in any Promotion-related advertisements or other materials; failures of electronic equipment, computer hardware or software; lost or unavailable network connections, or failed, incorrect, incomplete, inaccurate, garbled or delayed electronic communications or entry information.

7. GENERAL RULES: Sponsor’s decisions will be final in all matters, including interpretation of these Official Rules and awarding of the Prizes. All participants, as a condition of participation, agree to be bound by these Official Rules and the decisions of Sponsor. Failure to comply with these Official Rules may result in disqualification from this Promotion. Participants further agree to not knowingly damage or cause interruption of the Promotion and/or prevent others from using the Promotion. Sponsor reserves the right, in its sole discretion, to void entries of any participants who Sponsor believes have attempted to tamper with or impair the administration, security, fairness or proper play of this Promotion. If the Promotion is not capable of running as planned for any reason, or for any other reason whatsoever, Sponsor reserves the right, in its sole discretion, to cancel, modify or suspend the Promotion. Any person who supplies false information, obtains entries by fraudulent means, or is otherwise determined to be in violation of these Official Rules in an attempt to obtain any Prize will forfeit any Prize won and may be prosecuted to the full extent of the law. In the event of a dispute concerning who made a post to claim a Prize on the NatureMadeLisa Blog Site, the post will be declared to have been made by the authorized account holder of the e-mail address submitted at time of entry, but only if that person meets all other eligibility criteria. An authorized account holder is defined as the natural person who is assigned to an e-mail address by an Internet access provider, online service provider, or other organization (e.g. business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. CAUTION: ANY ATTEMPT TO DAMAGE ANY ONLINE SERVICE OR WEBSITE OR UNDERMINE THE LEGITIMATE OPERATIONS OF THE PROMOTION VIOLATES CRIMINAL AND CIVIL LAWS. IF SUCH AN ATTEMPT IS MADE, SPONSOR MAY DISQUALIFY ANY PARTICIPANT MAKING SUCH ATTEMPT AND MAY SEEK DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW.

8. GOVERNING LAW/RESOLUTION OF DISPUTES. All disputes between a participant and Sponsor in connection with this Promotion shall be governed by, and construed in accordance with, the laws of the State of California, without giving effect to any principles of conflicts of law. Any and all disputes and claims relating to this Promotion shall be resolved by submission to arbitration under the Commercial Arbitration Rules of the American Arbitration Association and by entering the Promotion, all participants expressly waive the right to trial by jury. The arbitration shall be conducted in New York County, New York, in the English language by three arbitrators appointed in accordance with the Commercial Arbitration Rules. Each party shall pay one-half of the costs of the arbitration, and participants shall be responsibility for their own attorney’s fees. Judgment on the award rendered by the arbitrators may be entered in any court having jurisdiction thereof. Any provision of applicable law notwithstanding, the arbitrators shall not have authority to award punitive or exemplary damages. The dispute and claims and arbitration proceedings shall at all times be kept confidential except to the extent necessary to enforce or collect the arbitration award. Each participant agrees that any action at law or in equity relating to the arbitration provision of these Official Rules shall be filed only in the state or federal courts located in New York County, New York, and hereby consents and submits to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these Official Rules shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Official Rules and shall not affect the validity and enforceability of any remaining provisions. Sponsor’s failure to insist upon or enforce strict performance of any provision of these Official Rules shall not be construed as a waiver of any provision or right. No waiver of any term or condition of these Official Rules shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

BY PARTICIPATING IN THE PROMOTION, EACH PARTICIPANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE PROMOTION, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED, (IF ANY), NOT TO EXCEED TWO HUNDRED FIFTY DOLLARS ($250.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL ANY PARTICIPANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND PARTICIPANT HEREBY KNOWINGLY AND EXPRESSLY WAIVE ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT-OF-POCKET EXPENSES NOT TO EXCEED TWO HUNDRED FIFTY DOLLARS ($250.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) PARTICIPANTS’ REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND PARTICIPANT IRREVOCABLY WAIVE ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO ALL PARTICIPANTS.

9. WINNER’S LIST/OFFICIAL RULES. To find out who won, send a legal-size, self-addressed, stamped envelope to: CarryOn Communication, 5670 Wilshire Blvd, 23rd Floor, Los Angeles, CA 90036; attn: “Liquid Softgels Presents Kimberley Locke” Concert Giveaway. Requests must be received no later than three (3) months following the close of the Promotion. Go to the NatureMadeLisa Blog Site for Official Rules prior to close of the Promotion.