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Cirque du Soleil / Agenda Restaurant Giveaway Metro Newspapers and Parrot Cellular wants to give your a night on the town! Enter to win a $100 gift certificate to the Agenda Restaurant and two (2) premiere tickets to Cirque du Soleil presents Varekai on Thursday, February 6, 2003 in San Jose. To enter, please read our contest rules and complete the form below. All entries must be received before 5pm on Thursday, January 23, 2003. First Name Last Name Zip Code Phone Number E-mail Address Check here if you are interested in receiving future e-mails on cool stuff from Metro. 1. NO PURCHASE NECESSARY TO ENTER OR TO WIN. ALL FEDERAL, STATE, LOCAL AND MUNICIPAL LAWS AND REGULATIONS APPLY. VOID WHERE PROHIBITED. 2. TO ENTER AND PLAY: Enter by visiting the Cirque du Soleil Ticket Giveaway page at www.metroactive.com/contests and completing all of the required information and following all instructions. Submit your entry by clicking on the "SEND" button. You must enter via the Internet. No alternate means of entry permitted. The Cirque du Soleil Ticket Giveaway will begin at 8:00 a.m.. (P.S.T.) on Thursday, January 16, 2003 and run through 5 p.m. (P.S.T.), Thursday, January 23, 2003. All entries must be received by 5 p.m. (P.S.T.) on January 23, 2003. (a) One (1) entry per person Metro Newspapers will not be responsible for incomplete, lost, late, misdirected or illegible entries or for failure to receive entries due to transmission failures or technical failures of any kind, including, without limitation, malfunctioning of any network, hardware or software, whether originating with sender or sponsor. In the event of a dispute, all email entries will be deemed to have been submitted by the owner of the email account from which they were sent. For these purposes, an email account holder shall mean the natural person assigned to such email account by the Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with such email account. Any questions regarding the number of entries submitted or the owner of an email account shall be determined by Metro Newspapers in its sole, reasonable discretion, and Metro Newspapers reserves the right to disqualify any entries by persons determined to be tampering with or abusing any aspect of the contest. 3. ELIGIBILITY: Contest open only to U.S. residents of California, 18 years of age or older at time of entry. Contest is not open to employees of Metro Newspapers, Metro Publishing, Inc., Parrot Cellular, Cirque du Soleil, Agenda and each of their respective affiliates, subsidiaries, and advertising or promotional agencies, and the immediate family members of, and any persons domiciled with, such employees. 4. PRIZES: One (1) grand prizes consisting of two (2) premier tickets to Cirque du Soleil's Varekai on February 6, 2003 and one (1) $100.00 gift certificate to the Agenda Restaurant. Prizes will be awarded to a winner randomly selected from among all eligible entries to be held on January 23, 2002. 5. ODDS: Odds of winning depend on the number of eligible entries received. 6. WINNER NOTIFICATION AND ACCEPTANCE: Winners will be notified by telephone and/or e-mail on Friday, January 24, 2003. Return of prize notification as undeliverable may result in disqualification and an alternate winner may be selected. Winners may waive their right to receive a prize. Prizes are nonassignable and nontransferable. No substitutions allowed, except that prizes and individual components of prize packages are subject to availability and Metro Newspapers reserves the right to substitute prizes of equal or greater value. 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 Metro Newspapers, 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. For a list of prize winners (available after December 19, 2002), send a self-addressed, stamped envelope to Metro Newspapers, Cirque du Soleil Contest Winners, 550 South First Street, San Jose, CA, 95113. 7. 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 Metro Newspapers websites, including its Privacy Policy. Metro Newspapers reserves the right to disqualify persons found tampering with or otherwise abusing any aspect of this sweepstake as solely determined by Metro Newspapers. In the event the sweepstake is compromised by a virus, non-authorized human intervention, tampering or other causes beyond the reasonable control of Metro Newspapers which corrupts or impairs the administration, security, fairness or proper operation of the sweepstake, Metro Newspapers reserves the right in its sole discretion to suspend, modify or terminate the sweepstake. Should the sweepstake be terminated prior to the stated expiration date, Metro Newspapers reserves the right to award prizes based on the entries received before the termination date. 8. LIMITATIONS OF LIABILITY: By entering the contest, entrant agrees that (1) any and all disputes, claims, and causes of action arising out of or in connection with the contest, or any prizes awarded, shall be resolved individually without resort to any form of class action; (2) any claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the contest, but in no event attorney's fees; and (3) under no circumstances will any entrant be permitted to obtain any award for, and entrant hereby waives all rights to claim, punitive, incidental or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than damages for actual out-of-pocket expenses. 9. GENERAL RELEASE: By entering the contest, contestants release Metro Newspapers, Metro Publishing, Inc., Parrot Cellular, Cirque du Soleil, Agenda, 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). 10. SPONSOR: The Cirque du Soleil Ticket Giveaway is sponsored by Metro Newspapers whose decisions regarding the selection of winners and all other aspects of the contest shall be final and binding in all respects. Metro Newspapers 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 Metro Newspapers, 550 South First Street, San Jose, 95113, attn: Cirque du Soleil Contest. Return to Metroactive Home.