Ancestry.com

Ancestry.com “Branch Out” Sweepstakes: Official Rules

NO PURCHASE NECESSARY TO ENTER OR WIN.  PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED OR RESTRICTED BY LAW. THIS SWEEPSTAKES IS INTENDED FOR VIEWING IN THE UNITED STATES ONLY AND SHALL ONLY BE CONSTRUED AND EVALUATED ACCORDING TO UNITED STATES LAW.

The “Branch Out” Sweepstakes (“Sweepstakes”) will begin at 12:00 a.m. Pacific Time (“PT”) on April 1, 2014 and end at 11:59:59 p.m. PT on April 30, 2014 (“Promotion Period”). The Sponsor’s database computer is the official time-keeping device for the Sweepstakes. The Sweepstakes is sponsored by Ancestry.com Operations Inc., 360 W 4800 N, Provo, UT 84604 (“Sponsor”) and administered by Alliance Sweepstakes Services, Inc., 620 Park Avenue, # 332, Rochester, NY 14607 (the “Administrator”). The Sponsor is responsible for all aspects of this Sweepstakes.  Participation in the Sweepstakes 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 Sweepstakes.

Eligibility: Entrants must be legal residents of the 50 United States (or the District of Columbia), who have the age of majority in his or her state of residence at the time of entry. Employees, officers and representatives of Sponsor and Administrator, and any of their respective parent companies, affiliates, franchisees, licensees, distributors, suppliers, subsidiaries, retailers, advertising/promotion agencies (collectively, “Released Parties”) and members of the immediate family (mother, father, brothers, sisters, sons, daughters and spouse, regardless of where they reside) and household members of each such employee, whether or not related, are not eligible to participate. Winning the Grand Prize (as described below) is contingent upon fulfilling all requirements set forth herein. Void outside of the United States, D.C., and where prohibited, or restricted by law.

How to Enter: Eligible Entrants can enter the Sweepstakes during the Promotion Period at the Sponsor’s Website (the “Website”). At the Website, Entrants can enter the Sweepstakes by completing the resulting Sweepstakes registration form requesting name, complete mailing address, email address, phone number, and a brief story (not to exceed 500 words in length) of your family history (the “Theme”). Submitted stories will not be judged or graded. However, providing a valid Theme-related story is a mandatory step in entering the Sweepstakes. Those entries that do not include a Theme-related story, in the Sponsor’s sole discretion, will be disqualified. Limit one (1) entry per person per email address, throughout the Promotion Period. All entries must be received by 11:59:59 p.m. PT on April 30, 2014.

The Entrant is responsible for all costs associated with the Entry. Incomplete entries, or those containing incorrect information, will be voided. Proof of sending or submission will not be deemed to be proof of receipt by Sponsor. Sponsor reserves the right to disqualify any person that submits more than maximum allowed entries. By participating in this Sweepstakes, Entrants agree to be bound by these Official Rules and the decisions of the Sponsor, which are final and binding in all matters relating to the Sweepstakes. Any personally identifiable information collected during an Entrant’s participation in this Sweepstakes will be collected by Sponsor and used by Sponsor, their respective affiliates, agents and marketers for purposes of the proper administration and fulfillment of the Sweepstakes as described in these Official Rules.

If a submitted story contains any material or elements that are not owned by the Entrant and/or are subject to the rights of third parties, the Entrant is responsible for obtaining, prior to submission, any and all releases and consents necessary to permit the use and exhibition of the entry by Sponsor in the manner set forth in these Official Rules, including, without limitation, name and likeness releases for any person who appears in or is identifiable in the story (collectively, the “Clearances”). By submitting a completed entry, the Entrant warrants and represents that he or she consents to the submission and use of the entry in the Sweepstakes, and to its posting on the Internet in connection with the Sweepstakes.

Entries may not contain any of the following: i) Materials which include or constitute trademarks, trade names or copyrighted works created or owned by any person or entity other than Entrant or for which the Entrant has not obtained owner’s permission to use; ii) Materials which contain profanities, or bearing the name or likeness of any celebrity, living or dead; iii) Materials which contain visible phone numbers, website links, street addresses, e-mail addresses or license plate numbers; iv) Materials which contain behavior inappropriate for a general audience; v) Materials which contain nudity or any depiction of real or simulated sexual acts; vi) Materials which contain extensive or gratuitous violence; vii) Materials which violate anyone’s privacy rights, violate any confidentiality or employment agreement, or which are defamatory; viii) Materials which are derogatory to Sponsor, or any affiliated entity or person; ix) Materials which are discriminatory based on race, religion, national origin, physical disability, age, sex, or sexual orientation or preference; x) Materials in which any person identifiably appears where no appropriate written release has been obtained from such person granting all rights required herein; xi) Materials which do not comport with the Entry requirements. Entries which do not conform to these guidelines will be disqualified. Sponsor further reserves the right, in its sole and unfettered discretion, to verify at any time during the Sweepstakes that all necessary Clearances have been obtained and to disqualify and remove any story if it believes that the necessary Clearances have not been obtained.

Internet Limitations of Liability: Sponsor reserves the right, in its sole discretion, to cancel, terminate, suspend and/or modify the Sweepstakes, or any part of it, at any time, without notice, and to cancel, terminate, modify or suspend the Sweepstakes in whole or in part, at any time, without notice and award the Grand Prize using all non-suspect eligible entries received as of the termination/suspension date, if any infection, computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other cause beyond Sponsor’s control, affects the integrity or proper conduct of the Sweepstakes.  Sponsor reserves the right, in its sole discretion, to disqualify any individual who tampers with the entry process (if applicable) or the operation of the Sweepstakes or to be acting in violation of these Official Rules or any other promotion or in a disruptive manner. Sponsor 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, or alteration of, entries. Sponsor is not responsible for: lost, late, incomplete, delayed, undelivered, or misdirected entries; or unauthorized access to, or alteration of, entries; failures or malfunctions of phones, phone lines or telephone or data transmission systems; interrupted or unavailable network, server or other connections; any error, omission, interruption, defect or delay in any transmission or communication; traffic congestion on the Internet or any technical problem, including but not limited to any injury or damage to any person’s computer related to or resulting from Sweepstakes participation; typographical, printing or other errors or omissions in these Official Rules, in any Sweepstakes-related advertisements or other materials, or other problems or errors of any kind whether computer, network, mechanical, human, electronic, typographical, printing or otherwise relating to or in connection with the Sweepstakes, including, without limitation, errors or problems which may occur in connection with the administration of the Sweepstakes, in the processing of entries, in the selection or announcement of the Grand Prize winner or in the awarding of prizes. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.

Sponsor is not responsible for any damage to an Entrant’s system which is occasioned by participating in this Sweepstakes or by downloading any information necessary to participate in the promotion.  Sponsor also is not responsible for incorrect or inaccurate entry information, whether caused by Internet users or by any of the equipment or programming associated with or utilized in the Sweepstakes or by any technical or human error, which may occur in the processing of the entries in the Sweepstakes.

CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.

In the event of a dispute regarding the identity of an individual who actually submitted an online entry, the entry will be deemed submitted by the authorized account holder of the email account.  “Authorized account holder” is defined as the natural person who is assigned to an email account by an Internet access provider, online service provider or other organization (e.g., business, educational, institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address. Potential winner may be required to show proof of being the authorized account holder.

Drawing and Notification: The Grand Prize winner will be selected from among all eligible entries received, in a random drawing conducted on or about May 5, 2014. The Grand Prize drawing will be conducted by the Administrator, an independent judging organization, whose decisions are final in all matters relating to this Sweepstakes. Odds of winning the Grand Prize will depend on the total number of eligible entries received throughout the Promotion Period. The Grand Prize winner will be notified by the Administrator via phone, email, and/or USPS mail, or other home delivery service of Sponsor’s choice.

Grand Prize: There will be a total of one (1) Grand Prize awarded following the conclusion of the Promotion Period. The Grand Prize winner, upon confirmation of eligibility, will receive the following prize package:

  • Twenty (20) hours of ProGenealogist research  
  • One (1) year Ancestry.com World Explorer Plus Membership
  • One (1) Ancestry.com DNA kit  
  • One (1) 8×8 Premium Leather Photo Book from MyCanvas.com  

The Grand Prize package has an Approximate Retail Value (“ARV”) of $3,398. All other expenses associated with the acceptance or use of the prize, not specifically mentioned herein, are the responsibility of the Grand Prize winner. No substitution for cash or transfer of prize will be permitted. The Sponsor reserves the right at its sole discretion to substitute the prize with another prize of equal or greater value in the event that the aforementioned prize is not available.

Prize Conditions: The Grand Prize winner will be responsible for all local, state, and federal taxes associated with the receipt of their prize. The Grand Prize winner must note that the value of their accepted prize is taxable as income and an IRS Form 1099 will be filed in the name of the winner for the value of their prize (applicable for U.S. winner only) and the winner is solely responsible for all matters relating to the prize after it is awarded. The Grand Prize winner will be required to sign an Affidavit of Eligibility and Liability/Publicity Release, supply a copy of a valid U.S. driver’s license, and return the documents within seven (7) days of first notification. Note: The Affidavit sent to a potential Grand winner will require that the winner provide their Social Security Number to the Administrator, which will be used solely for tax reporting purposes. If a prize or prize notification is returned as unclaimed or undeliverable to the potential winner, if a potential winner cannot be reached within three (3) business days from the first notification attempt, or if potential winner fails to return requisite document within the specified time period, or if potential winner is not in compliance with these Official Rules, then such person shall be disqualified and, at Sponsor’s sole discretion, an alternate winner may be selected.

General: By accepting the Grand Prize, where permitted by law, the Grand Prize winner grants to the Released Parties and those acting pursuant to the authority of Sponsor and the Released Parties (which grant will be confirmed in writing upon Sponsor’s request), the right to print, publish, broadcast and use worldwide IN ALL MEDIA without limitation at any time the winner’s full name, portrait, picture, voice, likeness and/or biographical information for advertising, trade and promotional purposes without further payment or additional consideration, and without review, approval or notification.

IN NO EVENT WILL RELEASED PARTIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND (INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES) ARISING OUT OF PARTICIPATION IN THIS CONTEST OR THE ACCEPTANCE, POSSESSION, USE, OR MISUSE OF, OR ANY HARM RESULTING FROM THE ACCEPTANCE, POSSESSION, USE OR MISUSE OF THE PRIZES.

By participating, Entrants release and agree to hold harmless the Released Parties from any and all liability for any injuries, death or losses or damages to persons or property AS WELL AS CLAIMS/ACTIONS BASED ON PUBLICITY RIGHTS, DEFAMATION, AND/OR INVASION OF PRIVACY that may arise from participating in this Contest or its related activities or the acceptance, possession, use or misuse of, or any harm resulting from the acceptance, possession, use or misuse of the Prize. The Grand Prize winner also acknowledges that Released Parties have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to the Prize.

Use of Data: All information submitted by Entrants in the Sweepstakes will be treated according to Sponsor’s Privacy Policy. Please review the Sponsor’s Privacy Policy at the following link: http://www.ancestry.com/legal/privacy.aspx. By participating in the Sweepstakes and providing your e-mail address, Entrants hereby agree to Sponsor’s collection and usage of their personal information and acknowledge that they have read and accepted Sponsor’s Privacy Policy.

Disputes: Except where prohibited, you agree that any and all disputes, claims and causes of action arising out of, or connected with, the Sweepstakes or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in the State of Utah. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, your rights and obligations, or the rights and obligations of Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Utah, without giving effect to any choice of law or conflict of law rules (whether of the State of Utah or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Utah.

Winners List: To request the name, city, and state of residence of the Grand Prize winner, please send a self-addressed, stamped business size envelope, by March 5, 2014, to: Alliance/Ancestry “Branch Out” Sweepstakes Winners List Request, 620 Park Ave. #332, Rochester, NY 14607.

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