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Metals News Official Rules to Register for Opportunity to Win an American Eagle 1/4 oz. Gold Coin

on 5/9/2009

NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.

1. Eligibility:
Metals News requirements to Register for Opportunity to Win an American Eagle 1/4 oz. gold coin ( a 2006-W PCGS MS70(flawless) graded coin):
(The “Contest”) is open only to entrants who are at least eighteen (18) years old at the time of entry.
Employees and/or contractors of Metals News, Inc., and their parent and affiliate companies as well as the immediate family (spouse, parents, siblings and children) and household members of each such employee and/or contractor are not eligible. The “Contest”) is subject to all applicable federal, state, and local laws and regulations. The “Contest”) is void where prohibited. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor’s and Administrator’s decisions, which are final and binding in all matters related to the Contest. Winning a prize is contingent upon fulfilling all requirements set forth herein.

3. Timing: The Contest begins on May 1, 2009 at 12:00 a.m. Eastern Time ("ET") and ends on December 2, 2009 at 11:59 p.m. ET (the "Promotion Period"). Only entries received on or prior to December 2, 2009 at 11:59 p.m. ET will be eligible for the drawing. Administrator's computer is the official time-keeping device for the Contest.

4. How to Enter:

a. Online: During the Promotion Period, visit http://www.Metalsnews.com/win, and follow the links and instructions to complete and submit the registration form including a valid e-mail. You automatically will receive one (1) entry into the Contest for each email address from which you register. Each day during the Promotion Period, you will be able to repeat this process and receive one (1) additional Contest entry for each email address from which you register each day. Multiple entrants are not permitted to share the same email address. Only entries received on or before December 2, 2009 at 11:59 p.m. ET will be eligible for the Prize drawing.

Limit: Each participant may enter one (1) time per day per email address during the Promotion Period. Multiple entrants are not permitted to share the same email address. Any attempt by any entrant to obtain more than the stated number of entries will void that entrant's plays/entries and that entrant may be disqualified. Use of any automated system to participate is prohibited and will result in disqualification. Sponsor is not responsible for lost, late, incomplete, invalid, unintelligible or misdirected registrations, which will be disqualified. In the event of a dispute as to any registration or play, the authorized account holder of the email address or the text-messaging capable device used to register will be deemed to be the registrant or player. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Potential winners may be required to show proof of being the authorized account holder.

5. Prize Drawings: The selection of the potential winners are final and binding in all matters related to the Contest. On or around January 2, 2009, Administrator will randomly select the potential winner from all eligible entries received on or before December 2, 2009 at 11:59 p.m. ET. The potential winner will be notified by email. It is the responsibility of the entrant to check http://www.metalsnews.com/  to see if he/she is the winner because sometimes email can fail or be caught in the recipient’s spam filter. Each potential winner will be required to sign and return to Metals News, an Affidavit of Eligibility, Liability & Publicity Release ("Affidavit") in order to claim his/her prize. To be eligible to receive the Prize, the potential winner must return the Affidavit within five (5) business days from the date the notice or attempted notice is sent. If a potential winner cannot be contacted, or fails to sign and return the Affidavit of Eligibility, Liability & Publicity Release within the required time period, or prize is returned as undeliverable, potential winner forfeits prize. Potential winner must continue to comply with all terms and conditions of these Official Rules, and winning is contingent upon fulfilling all requirements. In the event that a potential winner is disqualified for any reason, Metals News will award the applicable prize to an alternate winner by random drawing from among all remaining eligible entries. Only three (3) alternate drawings will be held after which the prize will remain un-awarded. Prizes will be fulfilled approximately 4 weeks after the conclusion of the Promotion.

7. Release: By receipt of any prize, winner agrees to release and hold harmless Metals News and their respective subsidiaries, affiliates, suppliers, distributors,  advertisers,  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 Contest or receipt or use or misuse of any prize.

8. Publicity: Except where prohibited, participation in the Contest constitutes winner’s consent to Metals News’ use of winner’s name.

9. General Conditions: Metals News reserves the right to cancel, suspend and/or modify the Contest, or any part of it, if any fraud, technical failures or any other factor beyond Metals News’ reasonable control impairs the integrity or proper functioning of the Contest, as determined by Metals News in its sole discretion. Metals News reserves the right, in its sole discretion, to shorten the length of the contest, with five (5) days published notice in Metals News. Metals News reserves the right, in its sole discretion, to disqualify any individual it finds to be tampering with the entry process or the operation of the Contest or to be acting in violation of these Official Rules or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Contest may be a violation of criminal and civil law, and, should such an attempt be made, Metals News reserves the right to seek damages from any such person to the fullest extent permitted by law. Metals News’ failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.

10. Limitations of Liability: The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Contest; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in cellular networks, phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Contest; (4) technical or human error which may occur in the administration of the Contest or the processing of entries; (5) late, lost, undeliverable, damaged or stolen mail; or (6) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Contest or receipt or use or misuse of any prize. If for any reason an entrant's entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another entry in the Contest, provided that if it is not possible to award another entry due to discontinuance of the Contest, or any part of it, for any reason, Sponsor, in its sole discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any or all of the prizes offered herein. No more than the stated number of prizes will be awarded. In the event that production, technical, seeding, programming or any other reasons cause more than the stated number of prizes as set forth in these Official Rules to be available and/or claimed, Metals News reserves the right to award only the stated number of prizes by a random drawing among all legitimate, un-awarded, eligible prize claims.

11. Disputes: Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of, or connected with this Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court or the appropriate Michigan or Massachusetts State Court; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, but in no event attorneys’ fees; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant 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 Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of Michigan or Massachusetts without giving effect to any choice of law or conflict of law rules (whether of the State of Michigan or Massachusetts or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Michigan or Massachusetts.

12. Entrant's Personal Information: Information collected from entrants is subject to Metals News’ Terms of Use and Privacy Statement http://www.metalsnews.com/featured.aspx?ArticleID=59564

 



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