Rules & Regulations
Void where prohibited by law. By entering the Essay Contest ("Contest"), entrants consent to be bound by these Official Rules, which shall constitute a contract between entrants and Mixology Warehouse, Inc. ("Sponsor"). All decisions of Sponsor with respect to the Contest shall be final.
The following rules (the "Official Rules") govern the Contest:
The Contest shall begin on August 16, 2007, at 7:00 P.M. Atlantic Standard Time and shall continue until November 16, 2007, at 7:00 PM Atlantic Standard Time ("Contest Period"), unless extended or shortened by Sponsor in accordance with these rules.
The Contest Period may be shortened, at the sole discretion of the Sponsor, before November 16, 2007, in the event that the number of qualified entries (8,000 minimum and 15,000 maximum) (“Entrant Number Amount”) (subject to increase as provided herein) is received before November 16, 2007. The Contest Period may be extended for a period of up to (1) additional month in the event that the end of the Contest Period does not meet the minimum Entrant Number Amount. If on the day that the Entrant Number Amount is met more than the maximum number of entries necessary to meet the Entrant Number Amount are received, then all entries received up through 7:00 P.M. Atlantic Standard Time on the day that Entrant Number Amount is met will be included in the Contest. Entries received after the Contest Period will not be considered.
If the Entrant Number Amount is not met, the Sponsor may elect in its sole discretion (i) to have all entries received judged ("Close the Contest") or (ii) to return the entry fee of $100 less the processing fee of $20.00 for processing any cashier’s checks, money order processing, and/or mailing and postage requirements.
Once the Sponsor elects to Close the Contest, the prize will be distributed to the winning Contest entry received during the Contest Period.
To be eligible to win, you must be a resident of one of the 50 states of the United States or the District of Columbia, be at least 18 years old as of the date of entry, pay the requisite entry fee, and comply with these Official Rules. Officers, directors, and employees of Sponsor, judges of the Contest, the developer of site, and employees of Mixology Warehouse, Inc. and its affiliates, as well as those individuals’ immediate family members and the residents of their households are not eligible.
Sponsor reserves the right, exercisable upon its sole discretion, to disqualify any individual it finds has: (1) violated these Official Rules; (2) interfered with, or attempted to manipulate, the Contest or Contest results; (3) violated any law or regulation by participating in the Contest; or (4) provided false information to Sponsor.
Sponsor has endeavored to comply with all legal requirements in developing this Contest and does not desire to accept entries from residents of jurisdictions where the Contest does not comply with the laws of the jurisdiction in which the individual resides. If any governmental entity determines that an entrant violates applicable laws or regulations, the Sponsor shall have the option, in its sole discretion to disqualify you as an entrant in the Contest and return any associated entry fee. Sponsor makes no representation regarding accessing the materials on this Site from jurisdictions where its contents or the Contest are illegal or prohibited. Those users who choose to access this Site from other locations do so at their own risk and are responsible for compliance with local laws and regulations.
How to Enter
Eligible individuals may enter the Contest by submitting a qualified entry to Sponsor during the Contest Period. Entries must be received during the Contest Period. After the Contest Period has concluded, the online submission system will be closed. An individual may enter as many times as he or she desires so long as each entry satisfies the entry requirements.
To qualify for entry into the Contest, all entries must include the following:
(1) an entry fee of $100 paid via Paypal using the link on the Entry page.
Sponsor must receive qualified entries and entry fee on or before 7:00 PM Atlantic Standard Time on November 16, 2007, via Paypal (unless the Contest Period is otherwise shortened or extended in accordance with these Official Rules). Sponsor is not responsible for any destruction, loss, or delay in receipt, of entries due to circumstances beyond the control of Sponsor.
Completing an Entry Form
Entry is available from the Contest website by clicking "Entry". The entry form can be completed online using the login and password emailed to you after your payment has cleared.
NO RESPONSIBILITY IS ASSUMED BY SPONSOR FOR YOUR INABILITY TO COMPLETE THE ENTRY PROCESS DUE TO ANY SOFTWARE, HARDWARE, TELEPHONE, MODEM, OR INTERNET MALFUNCTIONS, PROBLEMS OR FAILURES, INCLUDING THE UNAVAILABILITY OF SPONSOR’S WEBSITE DUE TO SUCH MALFUNCTIONS, PROBLEMS OR FAILURES. In case of any errors or malfunctions of hardware or software, Sponsor reserves the right to cancel or reject any contest entry even if you have received confirmation of the transaction. We strive to make this system as stable as possible, however errors and equipment malfunctions are possible and may happen without notice. We cannot and will not guarantee uninterrupted access to the Site or proper processing of entries to any of our contests.
Entry submissions shall include the words: "I want to own Mixology Warehouse, Inc because . . ." Essays shall be submitted electronically via our secure submission system and shall contain no more than (200) words and no less than (100) words, however, the phrase I want to own Mixology Warehouse, Inc because . . ." shall not be counted when determining the number of words utilized in the essay. Any word in a standard dictionary of American English, regardless of length, shall count as a single word. Symbols and foreign language words will not be considered in the word count and will be ignored in evaluating the content of the letter. Essays must be written in English and must describe why the entrant would like to own My Paradise Business as a prize in this Contest.
Essays must be written within the guidelines in the rules provided. Upon receipt, our submission system will assign a unique identifying number to each entry and electronically mark the entry with this number prior to distribution to the judges.
An individual who enters the Contest multiple times must submit substantively different essays with each entry, as shall be determined in the sole discretion of the Sponsor.
Determination of Winners
One (1) winner will be chosen from qualified entries received during the Contest Period. The judges will select winning entries based upon imagination, creativity, expression of thought, wit, positive social values, human interest, humor, and originality. Spelling and punctuation will be considered only to the extent that they add or detract from the other aspects of the essay. There will be three judges who will determine the winning essay based upon the foregoing criteria with a fourth judge to be utilized only in the case where there is a tie. The judges shall have at least a degree from an accredited American university. Judges shall not know the identity of authors when judging letter content. Judges shall not know the identity of each other during judging process until the final essay is to be judged as winner.
Based on the foregoing criteria, the judges will score all entries. Based on a predetermined method distributed in advance of judging to all judges, the judges will rank the letters in case prize is forfeited. If a prizewinner forfeits the applicable prize, then another winner will serve as runner-up. Read our FAQ for further details
Prizes will be awarded on or before three (3) months following the end of the Contest Period.
Number of Entries and Odds of Winning are One (1) out of all entries received.
Unless otherwise increased pursuant to these Official Rules, the number of qualified entries accepted in the Contest shall be a minimum of 8,000 and a maximum of 15,000. If on the day that the Entrant Number Amount is met more than Entrant Number Amount are received, then all entries received up through 7:00 P.M. Atlantic Standard Time on the day that the Entrant Number Amount is met will be included in the Contest. Winner shall be chosen from all qualified entries, and because this is a contest of skill, there are no "odds" of a particular entry being chosen by the judges. However, Sponsor reasonably anticipates that the prize will be awarded from the qualified entries once the Sponsor elects to Close the Contest.
The maximum amount an entrant may be asked to pay per entry is $100.
Prizes and Display of Prizes
Prize winner will receive Mixology Warehouse, Inc. The approximate value of Mixology Warehouse, Inc. is $500,000. The property located in St. John, United States Virgin Islands, is subject to long-term renegotiable rental agreements, and is a turnkey operation.
Prize cannot be substituted or redeemed for cash.
The sponsors retain the right to close the contest at the end of 90 or 120 days, with less than 8,000 entries. Should the sponsor exercise the aforementioned right, the value of the prize will be prorated.
All prizes are awarded "AS IS" and WITHOUT WARRANTY OF ANY KIND BY SPONSOR OR ANY OTHER PERSON, express or implied, (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose). ALL TAXES, CLOSING COSTS, INSURANCE (INCLUDING WITHOUT LIMITATION ANY TITLE POLICY), FEES AND OTHER EXPENSES ASSOCIATED WITH THE RECEIPT OR USE OF ANY PRIZE ARE THE SOLE RESPONSIBILITY OF THE WINNER.
Except where prohibited by law, winners must execute and provide to Sponsor: (1) an Affidavit of Eligibility, attesting to the winner’s eligibility and compliance with the Official Rules; (2) a Liability Release, releasing Sponsor from any liability arising out of the Contest; and (3) a Publicity Release, allowing Sponsor to use the winner’s name, likeness, voice and biographical information for publicity purposes. Winners also will be required to provide any other information needed by Sponsor to comply with applicable laws and regulations, including those relating to the payment of income taxes. By accepting a prize, winner grants Sponsor permission for the use of his/her name, likeness and biographical information for advertising and promotional purposes without additional compensation, except where prohibited by law.
We have made every effort to display the prize as accurately as possible. Please note however that the colors we use, as well as the display and color capabilities of your particular computer monitor, will greatly affect the colors actually seen on the screen. The Site cannot be responsible for the limitations of your monitor’s display of any color, texture, or detail of the images included of the prizes. For optimal viewing, we recommend setting your monitor to 800 x 600. The documents and related graphics published on this server could also include technical inaccuracies or typographical errors.
Inspection of My Paradise Business
Contest entrants can review the Mixology Warehouse by visiting us in person in Cruz Bay, St. John, United States Virgin Islands, a fifteen minute public ferry ride from Red Hook, St. Thomas, United States Virgin Islands.
Overnight courier will notify winners within seven (7) days of the prize being awarded. If a prize is not claimed within seven (7) days of notification being sent, or if a winner is disqualified, then the prize will be forfeited and awarded to the entrant who would have won the prize had the original winner not done so. The names of all winners will be posted at www.myparadisebusiness.com.
LIMITATIONS OF LIABILITY
IN NO EVENT WILL SPONSOR, ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES OR AGENTS, IMMEDIATE FAMILY MEMBERS OR RESIDENTS OF THEIR HOUSEHOLDS, OR JUDGES OF THE CONTEST, MIXOLOGY WAREHOUSE, INC, ITS AFFILIATES OR THEIR EMPLOYEES AND PARTNERS, THE SPONSOR’S WEB DESIGNER OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES OR AGENTS, IMMEDIATE FAMILY MEMBERS OR RESIDENTS OF THEIR HOUSEHOLDS BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, STATUTORY OR PUNITIVE DAMAGES. WITHOUT LIMITING THE FOREGOING, WITH RESPECT TO THE CONTEST AND TO THE PRIZE, SPONSOR MAKES NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 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.
BY ENTERING THE CONTEST, EACH ENTRANT AGREES THAT ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO PARTICIPATION IN THE CONTEST SHALL BE SETTLED BY ARBITRATION, BEFORE A SINGLE ARBITRATOR, ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION UNDER ITS COMMERCIAL ARBITRATION RULES, AND JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF. THE LOCALE OF THE ARBITRATION SHALL BE IN ST. JOHN, U.S. VIRGIN ISLANDS, AND SHALL NOT BE SUBJECT TO TRANSFER TO ANOTHER VENUE OR LOCALE FOR ANY REASON. BY ENTERING THE CONTEST, EACH ENTRANT FURTHER AGREES THAT HE WILL NOT COMMENCE OR PARTICIPATE IN ANY LITIGATION OR PROCEEDING, EITHER AS A CLASS REPRESENTATIVE OR AS A CLASS MEMBER, AND THAT HE WILL NEVER SEEK TO OBTAIN FROM SPONSOR AWARDS FOR, AND HE HEREBY WAIVES ALL RIGHTS TO CLAIM, STATUTORY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES, INCLUDING ATTORNEY’S FEES, OTHER THAN ACTUAL OUT-OF-POCKET EXPENSES (I.E., COSTS ASSOCIATED WITH ENTERING THIS CONTEST).
Copyright Ownership and License
The content of your letter and your name, city, state and county are non-confidential for all purposes and the Sponsor may disclose this information in conjunction with announcements related to prize winners and contests sponsored by the Contest. You further agree that such submissions become the property of Sponsor and that all title and interest therein, including all rights of copyright, shall rest with Sponsor at the time they are submitted. Such submissions are subject to being used, reproduced, modified, published, edited, translated, distributed, performed and displayed in any media or medium, or any form, format or forum now known or hereafter developed, for any purpose, in perpetuity without further notice. To the extent that submissions are not assignable, by submitting an letter or any other submission to the Sponsor, an entrant grants Sponsor a royalty-free, perpetual, world-wide, nonexclusive license to reproduce the letter, to create derivative works of the letter, and to display the letter, in any medium now known or hereafter to become known. The submission of such materials in no way creates any obligation or duty on the part of Sponsor to post or use such materials or, if we do so, to give you credit.
Sponsor from its offices within the U.S. Virgin Islands, controls this Site. The Site can be accessed from all 50 states, as well as from other countries around the world. As each of these jurisdictions has laws and regulations that may differ from those of U.S. Virgin Islands, by accessing this Site both you and the Sponsor agree that the statutes and laws of the U.S. Virgin Islands, without regard to conflicts of laws principles thereof, will apply to the Contest, these Official Rules, the entire relationship between Sponsor and Entrants, and any legal proceeding arising therefrom (whether grounded in tort, contract, law or equity). In the case of a dispute, subject to the provisions of the Dispute Resolution paragraph above, you and Sponsor agree any litigation arising between the parties hereto shall be brought only in the state or federal courts having subject matter jurisdiction in the U.S. Virgin Islands. You hereby irrevocably and unconditionally consent to the jurisdiction of any such court and hereby irrevocably and unconditionally waive any defense of an inconvenient forum to the maintenance of any action or proceeding in any such court, any objection to venue with respect to any such action or proceeding, and any right of jurisdiction on account of the place of residence or domicile of any party thereto.
Amendment of Rules
Sponsor may amend the Official Rules in its sole discretion. Amendments will be posted on the Sponsor Website. Unless otherwise specified, any amendments will become effective on the day they are posted on this site.
The name and address of the Contest Sponsor is:
Mixology Warehouse, Inc.
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