1. ELIGIBILITY. This contest (the "Contest") is offered by Morris
Magazines, LLC, D.B.A. HorseCity.com. ("Sponsor") only to residents of the 48 contiguous United States who
are at least 18 years old. Employees and directors of Sponsors
and all of its subsidiary and related companies and the immediate family
(spouse, mother, father, sister, brother, daughter or son, regardless of
where they live) or members of their same households (whether related or
not) of such employees and directors are not eligible. By entering this
Contest, you agree to these Official Rules and the decisions of Sponsor,
which shall be final and binding in all respects. No purchase is necessary
to win, and purchasing any product will not improve your chances to win.
Contest void in states where contest is not valid or allowed. Winner must
accept all terms and conditions of prize to qualify. Contest open to general
public.
2. PROMOTIONAL PERIOD. The promotional period for this Contest begins on
01/01/2010 at 12:00 a.m. (midnight) Eastern Time (ET), and ends on 12/31/2010 at 11:59:59 p.m. ET ("Promotional Period"). Beginning with the month of January 2010, throughout the Promotional Period there will be one drawing per month (entries are eligible beginning at 12:00 a.m. (midnight) ET on the first day of the month and ending 11:59:59 p.m. ET on the last day of the month.
3. ENTRY. There is no cost to enter the Contest, which must be entered via
the Internet at HorseCity.com/club. A minimum of 3,000 individual entries
per month must be received for contest to be valid for that month. In the
event less than 3,000 individual entries are received in any month, those
entries will be carried over to the next month. To enter by Internet, your
must already have access to the Internet, as it is not required that you
obtain Internet access solely to participate in this Contest. The computer
used to enter the Contest must accept cookies, or any successor or similar
technology (now known or hereafter devised or discovered), which may be
used by HorseCity.com for the purposes of entry tracking. Access the HorseCity.com
Web site at www.HorseCity.com. Complete the registration form for Web site
membership by filling out your full name, complete home address, including
zip code, home telephone number (including area code), date of birth, gender,
email address, how you heard about HorseCity.com, any other requested fields
and follow the instructions at the Web site. False or fictitious information
is not allowed and may void the entry. All entries must be made manually.
Enter personally, using manual means, as often as you like, however, entries
submitted through the use of scripts, programs or other electro-mechanical
processes (other than manual entry) are prohibited. No responsibility is
assumed for any computer, telephone, cable, network, satellite, electronic
or Internet hardware or software malfunctions, failures, connections, availability
or garbled or jumbled transmissions, or service provider/Internet/Web site/use
net accessibility or availability, traffic congestion, or unauthorized human
intervention.
4. DRAWING. All winners for any drawing will be selected by random drawing
from all eligible entries received for that month by Sponsor's legal counsel
or designated representative. All non-winning entries will become the property
of Sponsor and may be used as Sponsor sees fit for marketing, publicity
or sale.
5. PRIZE/ODDS. No warranties or representations of any kind are made about
the prizes. Sponsor reserves the right to exchange any prize for any reason
with another prize. No assignment or transfer of a prize is permitted prior
to delivery of the prize to the winner. Winner is responsible for all federal,
state and local taxes and shipping and handling charges. The total value
of monthly prizes to be awarded each month is approximately $3,000. Prizes
will range in value from $40.00 to $1600.00. Some prizes will be awarded
in the form of gift certificates redeemable at selected online retailers.
Gift certificates may be redeemed for the prize indicated or used towards
the purchase of any item offered by the selected retailer. Neither gift
certificates, nor any balance remaining after redemption or purchase, are
redeemable for cash. Any balance after purchase, however, may be used towards
additional or future purchases with said retailer. Prizes will be mailed
to the winners within 60 days of notification, verification of winning status
and submission of an affidavit of eligibility by the winner. Management
and/or HorseCity.com can deny the winner any and all aspects of the prize
for any reason should the winner choose to make the coordination of awarding
the prize difficult beyond what management feels is reasonable to award
the prize(s).
6. GENERAL CONDITIONS. Void where prohibited. Each winner agrees to release
and hold harmless Sponsor, its affiliates, subsidiaries, advertising and
promotion agencies and their respective directors, officers, employees,
representatives and agents from any and all liability for any injuries,
loss or damage of any kind to person, including death, and property, arising
in whole or in part, directly or indirectly, from acceptance, possession,
use or misuse of a prize, participation in any contest related activity,
or participation in this contest. To accomplish this, winners must execute
and return an Affidavit of Eligibility, Publicity Release and Release from
Liability within 10 days of notification. Failure to timely return this
affidavit, or if prize notification or prize is returned as non-deliverable,
may result in disqualification with an alternate winner selected. Where
permitted by law, winners (and in those instances when interim drawings
have taken place, potential winners who have been selected in the interim
drawings) agrees to grant to Sponsor, and its licensees, affiliates and
assigns, the right to print, publish, broadcast and use, worldwide in any
media now known or hereafter developed, including but not limited to the
world wide web, at any time or times, the winner's name, portrait, picture,
voice, likeness and biographical information as news or information and
for advertising and promotional purposes without additional consideration;
and further without such additional compensation, appear for, or provide
biographical information for use in, any presentation or other activity
which may include filming/audio/video/electronic or other recordings and/or
interviews, as may be determined from time to time by Sponsor. Failure to
make such appearances or grant such rights may result in disqualification
with an alternate winner or potential winner selected; and while not obligated
to do so, Sponsor may in its sole discretion, bear such reasonable costs
and expenses which Sponsor, in its sole discretion, deems appropriate for
winners or potential winners to appear for a presentation or other activity.
Sponsor reserves the right, at its sole discretion, to disqualify any individual
it finds, in its sole discretion, to be tampering with the entry process
or the operation of the Contest or Web site; to be in violation of the Terms
of Service of the Web site, to be acting in violation of these Contest Rules;
or to be acting in a non-sportsmanlike or disruptive manner, or with intent
to annoy, abuse, threaten or harass any other person. Any use of robotic,
automatic, macro, programmed or like entry methods will void all such entries
by such methods. In the event of a dispute as to entries submitted by multiple
users having the same email account, the authorized subscriber of the email
account used to enter the Contest at the actual time of entry will be deemed
to be the participant and must comply with these rules. Authorized account
subscriber is deemed to be the natural person who is assigned an email address
by an Internet access provider, online service provider or other organization,
which is responsible for assigning email addresses or the domain associated
with the submitted email address. Sponsor will prosecute any fraudulent
activities to the full extent of the law.
7. LIMITATIONS OF LIABILITY. Sponsor is not responsible for any incorrect
or inaccurate information, whether caused by Web site users, or tampering
or hacking, or by any of the equipment or programming associated with or
utilized in the Contest and assumes no responsibility for any error, omission,
interruption, deletion, defect, delay in operation or transmission, communications
line failure, theft or destruction or unauthorized access to the Web site.
Sponsor is not responsible for injury or damage to participants' or to any
other person's computer related to or resulting from participating in this
Contest or downloading materials from or use of the Web site. If, for any
reason, the Contest is not capable of running as planned by reason of infection
by computer virus, worms, bugs, tampering, unauthorized intervention, fraud,
technical failures, or any other causes which, in the sole opinion of Sponsor,
could corrupt or affect the administration, security, fairness, integrity
or proper conduct of this Contest, Sponsor reserves the right at its sole
discretion to cancel, terminate, modify or suspend the Internet portion
of this Contest for any drawing(s) and select the winner from regular mail-in
entries and Internet entries received for that drawing prior to the action
taken. IN NO EVENT WILL SPONSOR, ITS LICENSEES, AND OR AFFILIATES, SUBSIDIARIES
AND RELATED COMPANIES, THEIR ADVERTISING, LEGAL OR PROMOTION AGENCIES OR
THEIR RESPECTIVE OFFICERS, DIRECTORS, 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 ACCESS TO AND USE OF INTERNET SITE www.HorseCity.com OR THE
DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM SAID SITE. WITHOUT
LIMITING THE FOREGOING, EVERYTHING ON THIS SITE IS PROVIDED "AS IS"
WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT
LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS
OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION
OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY
NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS
REGARDING THESE LIMITATIONS OR EXCLUSIONS.
8. DISPUTES. As a condition of participating in this Contest, participant
agrees that any and all disputes which cannot be resolved between the parties,
and causes of action arising out of or connected with this Contest, shall
be resolved individually, without resort to any form of class action, exclusively,
before a court located in Richmond County, Georgia having competent jurisdiction,
which Court shall apply the laws of the State of Georgia without regard
for doctrines of Conflict of Law. Further, in any such dispute, under no
circumstances will participant be permitted to obtain awards for, and hereby
waives all rights to claim punitive, incidental or consequential damages,
or any other damages, including attorneys' fees, other than participant's
actual out-of-pocket expenses (i.e., costs associated with entering this
Promotion), and participant further waives all rights to have damages multiplied
or increased.
9. WINNERS LIST. Winners list will be displayed online within 96 hours of
prize announcement. Winners list can also be obtained by writing and sending
a SASE to: HorseCity.com, Contest Winners List, P.O. Box 936, Augusta, GA 30903.
10. COPPA Policy In accordance with the Children's Online Protection Policy,
we cannot accept registration from anyone under the age of eighteen. COPPA
provides protection for children while online and prohibits Web sites from
accepting any identifiable data or information from anyone thirteen and
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Terms and Requirements
Five (5) winners from five (5) regions of the continental USA will be selected by a drawing after November 1, 2010 and contacted by Horsecity.com within one week. If the winners are unreachable within one week of notification a new winner in that region will be selected. Once they meet approval from the BLM rules of the horses will be delivered by The Mustang Heritage Foundation to the winners within 30 days of approval.
Facility Requirements
Winners must provide a minimum of 400 square feet (20 feet x 20 feet) for the prize horse. Until fence broken, adult horses must be maintained in an enclosure at least six (6) feet high. Horses less than 18 months old in an enclosure at least five (5) feet high. Winners should not release an ungentled animal into a large open area, such as a pasture. However, once the animal is gentled, Winners may release it into a pasture or similar area.
The acceptable corral must be sturdy and constructed out of poles, pipes, or planks (minimum 1.5 inch thickness) without dangerous protrusions. Barbed wire, large-mesh woven, stranded, and electric materials are unacceptable for fencing.
Posts should be a minimum of six (6) inches in diameter and spaced no farther than eight (8) feet apart. Horizontal rails should be three (3) inch minimum diameter poles or planks at least two (2) feet x eight (8) feet. If you use poles, there should be a minimum of five (5) horizontal rails, and when you use 2" x 8" planks, there should be at least four (4) rails. No space between rails should exceed twelve (12) inches. You should fasten all rails to the inside of the post with either heavy nails or lag screws.
Winners must provide shelter from inclement weather and temperature extremes for the prize horse. Shelters must be a two (2) sided structure with a roof, well-drained, adequately ventilated, and accessible to the animal. The two (2) sides need to block the prevailing winds and need to protect the major part of the bodies of the horse. Tarps are not acceptable.
Ref: http://www.blm.gov/wo/st/en/prog/wild_horse_and_burro/What_We_Do/wild_horse_and_burro0/how_to_adopt.html
TERMS OF ADOPTION
a. Contest Winner(s) are financially responsible for providing proper care for the prize horse;
b. Contest Winner(s) are responsible, as provided by State law, for any personal injury, property damage, or death caused by the prize horse in their care, for pursuing the prize horse if it escapes or strays, and for costs of recapture;
c. Contest Winner(s) must not transfer the prize horse for more than 30 days to another location or to the area of another individual;
d. Contest Winner(s) must make the prize horse available for physical inspection within 7 days of receipt of a written request, MHF or the BLM;
e. Contest Winner(s) must notify MHF and the BLM within 7 days of discovery of the death, theft or escape of the prize horse;
f. Contest Winner(s) must notify MHF and the BLM within 30 days of any change in the Contest Winner(s) address; and
g. Contest Winner(s) must dispose of remains in accordance with applicable sanitation laws.
Failure to comply with these terms may result in the repossession of the prize horse.
Ref: https://www.blm.gov/adoptahorse/termsofadoption.php
PROHIBITED ACTS
a. Maliciously or negligently injuring or harassing the horse;
b. Treating the horse inhumanely;
c. Removing or attempting to remove a wild horse or burro from the public lands without authorization from the BLM;
d. Destroying the prize horse, a wild horse or burro without authorization from the BLM, except as an act of mercy;
e. Selling or attempting to sell the prize horse, a wild horse or burro or its remains;
f. Branding the prize horse, a wild horse or burro;
g. Removing or altering a freeze mark on the prize horse, a wild horse or burro;
h. Violating an order, term, or condition established by MHF or the BLM under applicable contract or documentation;
i. Commercially exploiting the prize horse, a wild horse or burro;
Any person who commits a prohibited act is subject to a fine of not more than $2000 or imprisonment for not more than one year, or both, for each violation.
Title 18 U.S.C. Section 1001 and Title 43 U.S.C. Section 1212 make it a crime for any person knowingly and willfully to make to any department or agency of the United States any false, fictitious or fraudulent statements or representation as to any matter within its jurisdiction.
Ref: https://www.blm.gov/adoptahorse/prohibitedacts.php
Mustang Heritage Foundation will provide delivery of the horses to a pre-determined location agreed to by both parties. All attempts to make the delivery as manageable and cost effective as possible will be made by both parties. Winner must meet BLM facility requirements and must adhere to BLM adoption requirements for the 12 mo. adoption period. More details regarding BLM requirements at www.blm.gov. These requirements must be met by the adopting party prior to delivery. HorseCity.com will provide the $125 fee for adoption of each horse adopted for the giveaway program.
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