MX-350 Contest Rules

NO PURCHASE NECESSARY TO ENTER OR TO WIN. ALL FEDERAL, STATE, LOCAL AND MUNICIPAL LAWS AND REGULATIONS APPLY. VOID WHERE PROHIBITED.

1. THE CONTEST

The "HTB MX-350 Contest" (the "Contest") is designed to recognize the hard work and creativity of people building home theaters in their homes on their own without professional assistance. Starting with our second issue, Home Theater Builder is giving away a Universal Remote Control MX-350 to one lucky person with the project that the Home Theater Builder team determines is the most interesting project of all entries for that issue.

In addition, we will publish the winning entrant and his/her project in the next issue of the Home Theater Builder magazine.

What if you don't win but have a great project? You still get recognized. The entrants who do not win the MX-350 but have successfully completed a great home theater project will still be recognized for their hard work and creativity. We will publish your project either in the next issue of our magazine and/or on our web pages.

So Send Us Your Masterpiece and be recognized!

2. ELIGIBILITY

The Contest is open only to legal residents of the 50 United States (and the District of Columbia) who are at least 18 years of age at the time of entry and who has built a home theater within their home without professional assistance. Contest is not open to employees, consultants or contributors of Home Theater Builder Magazine, Flying Cloud Press, Inc., and each of its/their respective affiliates, subsidiaries, and advertising or promotional agencies, and the immediate family members of, and any persons domiciled with, such employees. Subject to all federal, state and local laws and regulations. Void in Puerto Rico, U.S.V.I. and where prohibited by law.

3. ODDS

Odds of winning depend on the number of eligible entries submitted.

4. SPONSOR

The "HTB MX-350 Contest" is sponsored by Flying Cloud Press, Inc. and Home Theater Builder Magazine, whose decisions regarding the selection of winners and all other aspects of the contest shall be final and binding in all respects. Flying Cloud Press, Inc. and Home Theater Builder Magazine will not be responsible for typographical, printing or other inadvertent errors in these Official Contest Rules or in other materials relating to the contest. If you have any questions regarding this contest, please contact:

Andrew B. Crosby
c/o Flying Cloud Press, Inc.
P.O. Box 552
Stow, MA 01775

5. PARTICIPATION

Participation in the contest constitutes an agreement by each contestant to comply with these Official Contest Rules. By entering, participants further agree to be bound by the terms relating to the use of Home Theater Builder website, including its Privacy Policy. Flying Cloud Press, Inc. reserves the right to disqualify persons found tampering with or otherwise abusing any aspect of this Contest as solely determined by Flying Cloud Press, Inc. In the event the Contest is compromised by a virus, non-authorized human intervention, tampering or other causes beyond the reasonable control of Flying Cloud Press, Inc. which corrupts or impairs the administration, security, fairness or proper operation of the Contest, Flying Cloud Press, Inc. reserves the right in its sole discretion to suspend, modify or terminate the Contest. Should the Contest be terminated prior to the stated expiration date, Flying Cloud Press, Inc. reserves the right to award prizes based on the entries received before the termination date.

6. TIMING

The Contest begins at 12:01:00 a.m. Eastern Time ("ET"), January 1, 2004 and ends at 11:50 p.m. ET, December 31, 2005 (the "Promotion Period").

7. HOW TO ENTER

There are two (2) ways to enter the Contest:

1. TO ENTER BY E-MAIL: Send e-mail to contest@hometheaterbuilder.com with your name, address, day and evening phone numbers, e-mail address (if any), age, the words "HTB MX-350 Contest" in the subject line, an attached picture of your project and a three (3) paragraph description of your project. After you have submitted the required information, you will receive one (1) entry into the Contest. There will be a total of twelve (12) Issue drawings. You may enter each Issue drawing one (1) time for a total of twelve (12) entries throughout the entire promotion period.


2. TO ENTER BY MAIL: Type or hand-write your name, address, day and evening phone numbers, e-mail address (if any), age, the words "HTB MX-350 Contest" and a three (3) paragraph description of your project on a piece of paper. Enclose along with a picture of your project and mail it in an envelope to:

   HTB MX-350 Contest
   c/o Flying Cloud Press, Inc.
   P.O. Box 552
   Stow, MA 01775

   LIMIT: one (1) entry per separately mailed envelope. There will be a total of twelve (12) Issue drawings. You may enter each Issue drawing one (1) time for a total of twelve (12) entries throughout the entire promotion period.

8. FOR ALL ENTRIES

LIMIT: One (1) entry per person for each Issue drawing for a total of twelve (12) entries per person by any method or combination of methods of entry during the entire Promotion Period. All e-mail entries must be received by the dates given below in section 9. All mail-in entries must be postmarked by and received by the dates given below in section 9. All entries become the exclusive property of Sponsor, and none will be acknowledged or returned. Proof of sending or submission will not be deemed to be proof of receipt by Sponsor. Sponsor is not responsible for lost, late, incomplete, invalid, unintelligible, illegible, misdirected or postage-due entries, which will be disqualified. Use of any automated system to submit entries is prohibited and will result in disqualification. In the event of a dispute as to any e-mail entry, the authorized account holder of the e-mail address used to enter will be deemed to be the entrant. The "authorized account holder" is the natural person assigned an e-mail address by an Internet access provider, online service provider or other organization responsible for assigning e-mail addresses for the domain associated with the submitted address. Potential winners may be required to show proof of being the authorized account holder.

9. DRAWINGS

A total of twelve (12) Issue drawings will be conducted in accordance with these Official Rules on or about the dates given below in this Section. All drawings will be conducted by Flying Cloud Press, Inc., whose decisions as to the administration of the Contest and the selection of potential winners are final. The winner will be selected by a Contest Winner Selection Committee comprised of Home Theater Builder Magazine staff. The said committee has the sole right and responsibility to chose the Entrant that in its opinion has successfully completed the most interesting project as defined by said committee from all entries. Entrants selected must comply with all terms and conditions of these Official Rules, and winning are contingent upon fulfilling all requirements. Except where prohibited, potential winners must sign and return to Sponsor, within ten (10) days of being notified, an affidavit of eligibility and liability/publicity release in order to claim his/her prize. If a potential winner cannot be contacted within ten (10) days after the first attempt to contact him/her or if he/she fails to sign and return the affidavit of eligibility and liability/publicity release within the required time period, an alternate winner will be selected in his/her place from among all eligible entries received.

E-MAIL DEADLINE: All online entries must be received by 11:59 pm on the dates below to participate in the corresponding drawing.

MAIL DEADLINE: All mail-in entries must be received the dates below (and postmarked by the corresponding E-Mail Deadline date) to participate in the corresponding drawing.

SELECTION DATE: Approximate; 3 months prior to issue publication date.

10. PRIZES

One prize will be awarded to one selected eligible entrant. The prize for which an entrant is eligible for by entering through the HTB MX-350 Contest is one (1) Universal Remote Control MX-350, and to have the entrant’s project published in the next issue of Home Theater Builder Magazine as the winner of that issue’s contest. Approximate Retail Value of MX-350: $149.95.

Winner is solely responsible for all federal, state, and local taxes and other fees associated with prize receipt and use. No other substitution, assignment or transfer of prizes permitted, except by Sponsor, who reserves the right to substitute a prize with another prize of greater or equal value. Prizes not redeemable for cash or transferable and no substitution allowed except at the sponsor's sole discretion.

11. PUBLICITY

Sponsor reserves the right to publish any and all project entries in Home Theater Builder Magazine and on the hometheaterbuilder.com website. Except where prohibited, participation in the Contest constitutes entrant's unconditional consent to Sponsor's use of entrant's name, town, state, submitted project picture, and submitted 3 paragraph project description in Home Theater Builder Magazine, on the hometheaterbuilder.com website and in or on any additional media for promotional purposes without further payment or consideration. However the sponsor is under no obligation to publish any entrant’s submission at any point for any reason.

12. GENERAL CONDITIONS

Sponsor reserves the right to cancel or modify the Contest if fraud, technical failures or any other factor beyond Sponsor's reasonable control impairs the integrity of the Contest, as determined by Sponsor in its sole discretion. In such event, Sponsor reserves the right to award the prizes from among the eligible entries received up to the time of the impairment. Sponsor 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 in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately damage any web site or undermine the legitimate operation of the Contest is a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.

13. GENERAL RELEASE

By entering the contest, contestants release Home Theater Builder Magazine and Flying Cloud Press, Inc., any other promotional sponsors, and each of their respective affiliated companies, directors, officers, employees, representatives, partners 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 contest or with the acceptance, possession or use of any prize (including, without limitation, claims, costs, injuries, losses or 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).

14. LIMITATIONS OF LIABILITY

Sponsor is not responsible for:

1. Technical failures of any kind, including but not limited to the malfunctioning of any computer, cable, network, hardware or software.
2. The unavailability or inaccessibility of any transmissions or telephone or Internet service.
3. Unauthorized human intervention in any part of the entry process or the Contest.
4. Electronic or human error which may occur in the administration of the Contest or the processing of entries.
5. Any injury or damage to persons or property, including but not limited to entrant's computer, hardware or software, which may be caused, directly or indirectly, in whole or in part, from entrant's participation in the Contest.

15. CONSTRUCTION

All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Contest Rules, or the rights and obligations of any contestant and Flying Cloud Press Inc., shall be governed by, and construed in accordance with the laws of the Commonwealth of Massachusetts, without giving effect to any choice of law or conflict of law rules or provisions (whether of Massachusetts, or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than Massachusetts. The invalidity or unenforceability of any provision of these rules shall not affect the invalidity or unenforceability of any other provision. In the event that any such provision is determined to be invalid or otherwise unenforceable, these rules shall be construed in accordance with their terms as if the invalid or unenforceable provision was not contained therein.

16. DISPUTES

By entering the contest, entrant agrees that:

1. Any and all disputes, claims and causes of action arising out of or connected with this Contest, or any prizes awarded, other than the administration of the Contest or the determination of winners shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the District of Massachusetts or the appropriate Massachusetts State Court located in Middlesex County, Massachusetts.
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.
3. Under no circumstances will entrant be permitted to obtain awards for and entrant hereby waives all rights to claim 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.

17. ENTRANT'S PERSONAL INFORMATION

Information collected from entrants is subject to the Home Theater Builder Privacy Policy.

18. WINNER NOTIFICATION AND ACCEPTANCE

Winners will be announced in Home Theater Builder Magazine and on hometheaterbuilder.com, and will be contacted by telephone and e-mail. Winners may waive their right to receive a prize. Prizes are non-assignable and nontransferable. No substitutions allowed. Winners are solely responsible for reporting and payment of any taxes on prizes. Winners may be required to complete an affidavit of eligibility, and a liability and publicity release (except where prohibited by law) which must be returned within 10 days of date of postmark. Failure to sign and return the affidavit or release within 10 days, or to comply with any term or condition of these Official Rules, may, at the sole discretion of Flying Cloud Press, Inc., result in a winner's disqualification, the forfeiture of his or her interest in the prize, and the award of prize to an alternate winner. Except where prohibited, participation in the contest constitutes entrant's consent to the publication of his or her name and image in any media for any commercial or promotional purpose, without limitation or further compensation.

For a list of prize winners from the previous issue, send a self-addressed, stamped envelope to:

Flying Cloud Press, Inc.
Attn: Contest Winner List
PO Box 552
Stow, MA 01775