AUGUST 2008 CUSTOMER APPRECIATION GIVE-AWAY
TERMS AND CONDITIONS OF THIS OFFER
ELIGIBILITY
1. You must be an individual, 18 years of age or older.
2. This special promotional offer is only available from USGlobalSat Inc.’s web site (http://www.usglobalsat.com) the Sponsor.
3, You must have Internet access to place the order on-line Online entrants must participate by way of an Internet Service Provider or other method of Internet access and have a personal e-mail address as phone/fax orders will not qualify for entry.
4. Employees (and their families and members of the same household) of USGlobalSat, Inc. are not eligible.
5. All federal, state and local laws and regulations apply. Void where prohibited and restricted by law.
6. All prizes are non-transferable and no substitution will be made except as provided herein at the Sponsor's sole discretion. Sponsor reserves the right to substitute any listed prize for one of equal or greater value if the designated prize should become unavailable for any reason.
7. Winners are responsible for all taxes and fees associated with prize receipt and/or use.
NO PURCHASE NECESSARY TO ENTER OR WIN
8. You may enter online by clicking on the “ENTER” button at our home page located at www.usglobalsat.com web-site and clicking on the "Add to Cart" button to complete the web-cart registration process in order to establish an on-line account for notification. The “mock” purchase has no dollar value ($0) and NO CREDIT card information is required to complete the process. The web-order generated is the method on how the winner(s) of the drawings will be identified. Should you already have an account on the usglobalsat.com web-site, simply complete the “mock” purchase by clicking the “Add to Cart” button and logging into your personal account to compete the process.
9. If you are making a purchase at the www.usglobalsat.com web-site during the duration of the contest period, you can be easily become entered into the weekly drawing for that particular week’s prize if and only if you click on the “Add to Cart” button to add the ‘mock’ contest entry item to your existing cart order to become eligible to win. Entries will not automatically carry over into the following week’s drawing.
10. Limit one online entry per individual, per e-mail address per weekly period of the pending contest. You may enter one time per new weekly contest, which begins each Friday at 12:01am and ends the following Thursday at 11:59pm. Each entry will be deemed submitted by the record holder of the e-mail account from which the entry originated.
11. Entrants agree to allow USGlobalSat, Inc. to periodically send notification of special offers and promotions via email. If you do not wish to continue receiving e-mails, you may opt-out at any time by following the instructions included in the e-mail.
DRAWING AND PRIZE FULFILMENT
12. The winner will be determined in a random drawing from all eligible entries received within the defined timeframes. Drawings will be conducted by USGlobalSat, Inc. on Thursday at midnight from entries with the winner(s) will be notified by e-mail within three (3) days after the drawing, provided that the Winner is available at the e-mail address supplied by the Winner on the entry form.
13. All drawings are final and binding. Odds of winning depend on the number of eligible entries received. Winners in choosing to accept the prize, the winner agrees to have his/her name posted on the USGlobalSat, Inc. website after eligibility is confirmed.
LIMITATION OF LIABILITY
14. IN NO EVENT WILL ANY OTHER COMPANY WITH WHICH USGLOBALSAT, INC. HAS A CORPORATE PARTNERING RELATIONSHIP, INCLUDING WITHOUT LIMITATION, CO-BRANDING, CO-MARKETING, JOINT DEVELOPMENT, A MERCHANT RELATIONSHIP, OR A LICENSING OR SUPPLIER RELATIONSHIP (EACH A "CORPORATE PARTICIPANT") BE LIABLE TO YOU FOR NON-PERFORMANCE OF USGLOBALSAT OBLIGATIONS. YOU AGREE NOT TO SUE ANY CORPORATE PARTICIPANT FOR NON-PERFORMANCE BY USGLOBALSAT, INC.. IN NO EVENT SHALL USGLOBALSAT, INC. BE LIABLE FOR ANY DAMAGES, CLAIMS OR LOSSES INCURRED (INCLUDING WITHOUT LIMITATION COMPENSATORY, INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY ARISING IN CONNECTION WITH: (I) THE PRODUCTS OFFERED; (II) ANY FAILURE, DELAY, OR DECISION BY USGLOBALSAT, INC. IN ADMINISTERING STANDARD AND SPECIAL PROMOTIONS; (III) THE USE OR INABILITY TO USE THIS WEB SITE; (IV) THE USE OR INABILITY TO USE THE SOFTWARE INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST BUSINESS OR LOST OPPORTUNITY, OR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL OR EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING LEGAL FEES, ARISING OUT OF SUCH USE OR INABILITY TO USE THE PRODUCTS AND/OR SOFTWARE IF APPLICABLE, OR (V) THE PURCHASE OR USE OF ANY MERCHANDISE, PRODUCTS, OR SERVICES OF MERCHANTS OR SUPPLIERS, EVEN IF USGLOBALSAT, INC. OR REPRESENTATIVES THEREOF, ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, CLAIMS, OR LOSSES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
16. MEMBER AGREES TO INDEMNIFY AND HOLD USGLOBALSAT, INC., ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEY'S FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF MEMBER'S USE OF THE PRODUCTS, MARKETING AND PROMOTIONS, THE VIOLATION OF THESE POLICIES BY MEMBER, OR THE INFRINGEMENT BY MEMBER, OR OTHER USER OF THE PROGRAM USING THE MEMBER'S ACCOUNT, OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY, OR AS A RESULT OF ANY THREATENING, LIBELOUS, OBSCENE, HARASSING OR OFFENSIVE MATERIAL CONTAINED IN ANY MEMBER COMMUNICATIONS.
TERMINATION OR CHANGES TO THE PROGRAM
15. USGlobalSat, Inc. reserves the right to terminate this and any other offer at any time without notice.
16. USGlobalSat, Inc. may modify these terms and conditions from time to time, with or without notice, and your continued participation in the offering or program after such modification shall be deemed to be your acceptance of any such modification. It is your responsibility to check the terms and conditions page posted on the web site regularly to determine whether this offer has been modified. If you do not agree to any modification of this or any other offer, you must immediately submit your notice to cease participation in writing to sales @ usglobalsat.com.
DISPUTES/ERRORS
17. All questions or disputes regarding the promotional program, including without limitation, questions or disputes regarding eligibility for the promotion, or the eligibility of credit rewards for use, must be submitted in writing within 60 days of the qualifying transaction, to USGlobalSat, Inc. at: Customer Service, USGlobalSat, Inc., 1308 John Reed Court, City of Industry CA, 91745. Any such disputes shall be resolved by USGloBalSat, Inc.at its sole discretion. All interpretations of promotional Terms and Conditions shall be at the sole discretion of USGlobalSat, Inc. In the event that an error is made by USGlobalSat, Inc., your sole remedy shall be the credit of the disputed credit amount to be applied to your USGlobalSat, Inc. account.
MISCELLANEOUS
18. This Agreement shall be governed by and construed in accordance with the laws of the State of California, without reference to conflicts of law rules. As a condition of the use of the any USGlobalSat, Inc. offer. you agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Los Angeles, California and therefore agree to file any grievance or suit of any kind exclusively in the courts located within the county of Los Angeles. If any provision of this Agreement is found invalid or unenforceable, that provision shall be enforced to the maximum extent possible, and the other provisions contained herein will remain in full force and effect.
USGlobalSats' failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Nothing in this agreement shall be construed as creating or constituting a partnership, joint venture or agency relationship between USGlobalSat, Inc. and any other of its corporate partners, associates or resellers. Neither the Affiliated Merchants nor any Corporate Partner shall have the ability to create any obligation on USGlobalSats' behalf. This Agreement constitutes the entire agreement between you and USGlobalSat, Inc. with respect to the FREE SHIPPING promotion.
LIABILITY
19. If, for any reason, the giveaway is not capable of running as planned, including infection by a computer virus, bugs, tampering, unauthorized, intervention, fraud, technical failures, or any other causes beyond the control of USGlobalSat, Inc., which corrupt or affect the administration, security fairness, integrity, or proper conduct of this giveaway, USGlobalSat, Inc. Management reserves the right at its sole discretion to cancel, terminate, modify or suspend the giveaway.