RULES & REGULATIONS
DAVIDOFF COOL WATER "POWER OF COOL" CONTEST OFFICIAL RULES OPEN ONLY TO LEGAL RESIDENTS OF THE 50 UNITED STATES AND THE DISTRICT OF COLUMBIA WHO ARE 18 YEARS OF AGE OR OLDER. 1. ELIGIBILITY: NO PURCHASE NECESSARY TO ENTER OR CLAIM PRIZE. PURCHASE WILL NOT IMPROVE CHANCES OF WINNING. Open only to legal residents of the 50 United States and the District of Columbia who are 18 years of age or older at time of entry. Employees, officers and directors of Coty Prestige LLC (the "Sponsor"), Promotion Mechanics, Inc. (the "Administrator"), Seed Communications, LLC (the "Contest Administrator"), their respective parents, subsidiaries, affiliates, advertising and promotion agencies, webmasters/suppliers, and members of the immediate families (spouse, children, parents, siblings) and persons living in the same household (whether or not related) of such employees, officers and directors are not eligible. Further, persons who earn more than fifteen percent (15%) of their income by playing, developing, designing and/or testing computer or game platform games, and the immediate family members (as defined above) and persons living in the same household of each such persons (whether or not related), are ineligible. Void where prohibited. 2. PROGRAM DESCRIPTION: The "Power of Cool" Contest begins 5/9/06 at 12:00 am (midnight) Eastern Time ("ET"), and ends at 11:59 pm ET on 7/7/06 ("Contest Period"). The Contest Administrator's Contest computer is the official time keeping device for this Contest. When you register for the Contest, you will have the option of starting or joining a team. The object of the Contest is to award the prizes to the highest scoring individual and the highest scoring team. Individuals who participate as part of a team are still eligible to participate as an individual, as set forth below. 3. TO ENTER CONTEST: To enter the "Power of Cool" Contest, follow these instructions: Visit www.powerofcool.com ("Web site") during the Contest Period and follow the online directions to access the official registration form. Provide all the information requested, including full name, address, city, state, zip code, email address, telephone number and date of birth. You must also agree to the Official Rules. When you register you will be required to select a user name and password. Each time you return to the Web site you will be required to use this user name and password. (You are solely responsible for the security of your user name and password. Neither Sponsor, nor any other person or entity will be responsible for any losses, damages or consequences you may suffer due to careless or unauthorized use of a user name and password). You may not register with multiple email and/or street addresses, user names or passwords, or under multiple identities. Any person who does so, or uses any device or artifice to circumvent these Official Rules may be disqualified and their entries/scores disqualified. While registering, you will have the option of starting or joining a team. There are a minimum of 2 persons and a maximum of 5 persons allowed per team. No person can participate on more than one team. Should any team member be disqualified or withdraw for any reason whatsoever that team member cannot be replaced for any reason whatsoever. Should a team member also wish to participate as an individual, then that team member can do so, and the scores achieved by that team member for the team will also be that participant's individual scores. A participant cannot participate as a team member and under another identity, email address, user name and password, or any other device or artifice, also participate as an individual. Any participant can participate as an individual only, and not as a member of a team. Team membership is not required to participate. Each participant must play on his/her own behalf, and cannot have any other person play on his/her behalf. To access the game, you must have installed, or install, on your computer Macromedia's Flash Player version 7.0 and above. If you do not have that program on your computer you may do so by visiting http://www/macromedia.com/shockwave/download/alternates/. To install the program you must have one of the following operation systems: Windows NT, Windows, NE, Windows Me, Windows 2000, Windows XP, Mac OS 9.x or above and minimum hardware requirements as follows: Windows: 128MB RAM and 450 MHz Intel Pentium II processor (or equivalent) and later; Macintosh: 128 MB RAM and 500 MHz PowerPC G3 and later. Keyboard input is the only supported input device. Download time is a function of your computer configuration and method of Internet access. Click on the Contest icon, banner or text link to begin playing the "Power of Cool" surfing game. Detailed rules and instructions on how to play the game are posted at the Web site. The detailed rules and instructions are incorporated by reference into these Official Rules; and in the event of an inconsistency between the detailed rules and instruction, and the Official Rules, the Official Rules shall govern. You may play the game as often as you like; your score for each game play will be calculated by the Contest Administrator's Contest computer as you play, and the score for each completed game play will be automatically retained with each such play which is received and recorded by the Contest Administrator's Contest computer during the Contest Period. A play is completed as determined by the Contest Administrator's Contest computer. Your scores will be retained through the end of the Contest. Game plays which are not completed will not achieve a score. Game plays which are interrupted for any reason, for example but not limited to disconnects, or any other reason whatsoever will not achieve a score. Further, game plays in progress at the end of the Contest Period will be terminated and will not achieve a score. Sponsor reserves the right to verify any score(s), the method of any verification to be as solely determined by Sponsor. Should Sponsor determine, in the sole opinion of Sponsor, that any score submitted was not achieved in accordance with these Official Rules, or not in accordance with the detailed rules and instructions, or by manipulating the game or any portion of the game in any manner whatsoever which was not specifically authorized by Sponsor, that score and the contestant who submitted that score will be disqualified. The top five (5) Team scores and the top five (5) individual scores and the team and/or user names of the participants achieving such scores may be displayed on the Web site's Leader Board, which will be updated periodically at Sponsor's sole discretion. NOTE: While reasonable attempts will be made to assure that all participants' scores are accurately captured and that the information on the Leader Board is accurate and current, due to possible technical issues and/or limitations, the displayed Leader Board may not be accurate at any given time. Prior to declaring winners the Contest Administrator will verify scores. Further, even if a team name or your user name and score is displayed on the Leader Board, YOU HAVE NOT YET WON. You are NOT a winner until AFTER Sponsor, and the Contest Administrator, and Administrator, have verified (a) the accuracy of your score and (b) your eligibility to participate in the Contest. Winners will receive written notification of their status directly from Sponsor or the Administrator. 4. WINNER DETERMINATION/PRIZES: At the end of the Contest Period, the individual with the highest score in any particular game play will be named the Grand Prize winner, subject to eligibility and verification. The team with the overall highest average score (the highest score of each team member in any particular game played by that team member, will be added together and divided by the number of team members to determine the overall team score) will be named the First Prize winner, subject to eligibility and verification. Tie-Breakers – For Individual Grand Prize (a) In the event of a tie for the individual Grand Prize, the individual whose highest score, in any particular game play (as above stated) which was completed in the shortest time will be selected as the winner. (b) Should a tie for the individual Grand Prize continue, the individual with the second highest score in any particular game play will be selected as the Grand Prize winner. (c) Should a tie for the individual Grand Prize continue, the individual with the third highest score in any particular game play will be selected as the Grand Prize winner. (d) Should a tie for the individual Grand Prize continue, the individual with the fourth highest score in any particular game play will be selected as the Grand Prize winner. Tie Breakers – For Team First Prize (a) In the event of a tie for the team First Prize, the team whose overall team score (as above stated) was completed in the shortest time (the time of the highest score of each team member in any particular game played by that team member, will be added together and divided by the number of team members to determine the overall team time) will be selected as the First Prize winner. (b) In the event that a tie for the team First Prize continues, the team with the overall second highest average score (the second highest score of each team member in any particular game played by that team member, will be added together and divided by the number of team members to determine the overall team second highest score) will be named the First Prize winner. (c) In the event that a tie for the team First Prize continues, the team with the overall third highest average score (the third highest score of each team member in any particular game played by that team member, will be added together and divided by the number of team members to determine the overall team third highest score) will be named the First Prize winner. (d) In the event that a tie for the team First Prize continues, the team with the overall fourth highest average score (the fourth highest score of each team member in any particular game played by that team member, will be added together and divided by the number of team members to determine the overall team fourth highest score) will be named the First Prize winner. In the event that an individual or team has not played sufficient games to be included in a tie breaking determination, that person or team, respectively, will be disqualified from the tie breaking procedure. Should there continue to be ties for either the individual Grand Prize or the team First Prize after the above tie breaking determinations have been made, the Sponsor may, at its sole option, continue with the above procedure using the scores achieved in the fifth, sixth, seventh, and continuing games until a winner is determined, OR, at any point require tied individuals or teams to participate in a playoff or series of playoffs using the Contest game or any other game(s) determined by Sponsor. Should Sponsor use the playoff method only the tied teams participating in the playoff will be notified and provided with the detailed rules and instructions to be used in such a playoff. (NOTE: If there is a team playoff, the scores achieved by the individual team members will not be counted for the individual Grand Prize, but will be limited to overall team score. One Grand Prize will be awarded to the highest scoring individual: a trip for winner and a guest to Hawaii. Prize consists of round trip coach-class air transportation from the major U.S. gateway city airport nearest winner's residence for winner and guest; 6 days/5 night's one room double-occupancy standard hotel accommodations at the Ka'anapali Beach Resort, Maui; winner's choice of one activity for two people upon selection from a list provided by the Ka'anapali Beach Resort Association available at http://www2.kaanapaliresort.com/thepowerofcool/ (winners must have previously registered at this page and selected an activity option prior to winning in order to receive this portion of the prize); use of a compact rental car (subject to all car rental agency qualifications and restrictions); one ESPN Mobile Phone with Sanyo MVP Phone Kit, 6 months basic service (FAN 400, 400 minutes/month and 6 months of the Total Sports Package (winner is responsible for taxes, and service is subject to availability in winner's geographic area); one Davidoff Cool Water 1.35 fl. oz. eau de toilette natural spray; and an "All Aboard the Crazy Train" DVD featuring the Legendary Laird Hamilton. If any portion of prize is cancelled or postponed, the remaining portion of the prize will be awarded as complete and final and no compensation will be offered. Trip must be taken on dates specified by Sponsor and as otherwise stated in these Official Rules. If winner cannot accept prize as stated, prize will be forfeited in its entirety and awarded to an alternate winner. Total approximate retail value of prize is $5,551. Actual value will depend on final itinerary. Any difference between actual value and stated value will not be awarded. All expenses not specified are winner's sole responsibility. All travel and accommodations are subject to availability, change and certain restrictions; blackout dates apply. Winner and guest must travel on the same itinerary and must comply with all security requirements. If winner is a minor in his/her jurisdiction of residence his/her guest must be the winner's parent/legal guardian. If winner does not qualify for car rental portion of the prize, neither the car rental nor its value will be awarded. Up to five First Prizes will be awarded to the members of the highest scoring team (one prize per team member). The prize consists of one ESPN Mobile Phone with Sanyo MVP Phone Kit, 6 months basic service (FAN 400, 400 minutes/month) and 6 months of the Total Sports Package (winner is responsible for taxes, and service is subject to availability in winner's geographic area); one Davidoff Cool Water 1.35 fl. oz. eau de toilette natural spray; and one "All Aboard the Crazy Train" DVD featuring the Legendary Laird Hamilton. Total approximate retail value of prize is $551. If winner cannot accept prize as stated, prize will be forfeited in its entirety and awarded to an alternate winner. All expenses not specified are winner's sole responsibility. 5. WINNER NOTIFICATION: Winners will be notified by telephone, mail and/or overnight courier (or in such other manner as determined by Sponsor) at Sponsor's discretion on or about 7/31/06. No prize transfer or cash redemption or substitution, but Sponsor reserves the right to substitute prize (or portion of prize) with prize (or portion of prize) of equal or greater value should prize (or portion of prize) become unavailable. 6. GENERAL: All taxes on prizes and expenses relating to acceptance and use of prizes and not specified are the sole responsibility of winners. By participating, entrants (and entrant's parent/legal guardian if entrant is a minor in his/her jurisdiction of residence) agree a) to these rules and decisions of Sponsor, Contest Administrator and Administrator which shall be final and binding in all respects and in all matters relating to this Contest; b) to release, discharge, indemnify and agree to hold harmless Sponsor, Administrator, Contest Administrator, their respective advertising and Contest agencies and all of their respective parents, affiliates, subsidiaries, agencies, agents and representatives and all of their respective employees, officers and directors (individually and collectively "Releasees") from any liability or responsibility whatsoever for any claims, costs, injuries, losses or damages (whether due to negligence or otherwise) of any kind (including, without limitation, claims, costs, injuries, losses and damages related to personal injuries, death, damage to, loss of or destruction of property, or violation of intellectual property rights, such as, but not limited to copyright, trademark or patent, or rights of publicity or privacy, defamation, or portrayal in a false light), arising out of or in connection with the Contest or from their acceptance, possession, use or misuse of any prize, or participation in the Contest or any Contest related or travel activity; and c) if a winner to the announcement/use of name, voice, image and/or likeness, at any time or times, for trade, advertising, publicity and promotional purposes without compensation (unless prohibited by law) by Sponsor and those acting pursuant to Sponsor's direction, in all media now known or hereafter discovered, worldwide, including but not limited to the World Wide Web, without notice, review or approval and agrees to execute specific consent to such use if asked to do so. In no event will Releasees be responsible or liable for any damages or losses of any kind, whether direct, indirect, incidental, consequential, punitive or other damages. Grand Prize Winner (and winner's parent/legal guardian if winner is a minor in his/her jurisdiction of residence) may be required to complete an affidavit of eligibility, liability and (where legal) publicity release, which must be returned within time period specified by Sponsor or an alternate winner will be selected. If documents or any prize are returned as non-deliverable, or if a winner is found to be ineligible or not in compliance with these Official Rules, winner will be disqualified and an alternate winner selected. If a winner is not of the age of majority in his/her state of residence, prize may be awarded in the name of or to parent or legal guardian (as solely determined by Sponsor) who must execute all documents and agree to all undertakings of winner set forth in these Official Rules or prize may be forfeited and awarded to an alternate winner. Travel guest of Grand Prize winner must complete a liability release and where lawful a publicity release prior to the issuance of travel documents. If travel guest is a minor, release must be completed by minor's parent/legal guardian both on behalf of himself/herself and minor; and parent/legal guardian must travel with minor at own expense. Once travel documents are issued, neither travel arrangements nor guest may be changed without the approval of Sponsor, which may be withheld for any reason whatsoever. Releasees are not responsible and shall not be liable for: a) telephone, electronic, hardware or software program, network, Internet or computer malfunction, or any communications accessibility, availability or lines, or technical errors of any kind, or by any human error which may occur in the processing of entries/scores, or the incorrect or inaccurate capture of entry/score or other information, or the failure to capture, or loss of, any such or similar information; b) failed, incomplete, garbled, corrupted or delayed computer transmissions; c) lost, late, misdirected, mutilated, incomplete, illegible entries/scores, email or postage-due mail; or d) any condition caused by events that may cause the Contest to be disrupted or corrupted. Sponsor reserves the right in its sole discretion to cancel or suspend the Contest or any portion thereof should computer hardware or software malfunctions (such as but not limited to virus, bugs, worms, tampering, unauthorized intervention, fraud, technical failures) or any other causes corrupt the administration, security or proper play of the Contest, and select the winners from entries/scores received prior to the action taken or in such other manner as deemed fair and appropriate by Sponsor. 7. ADDITIONAL CONDITIONS: Releasees are not responsible for any incorrect or inaccurate information, whether caused by Web site users, tampering, hacking or by any of the equipment or programming associated with or utilized in the Contest and assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or technical error or unauthorized access to the Web site. Sponsor reserves the right, at its sole discretion, to disqualify any individual it finds to be tampering with the entry or Contest process or the operation of the Contest or Web site; to be acting in violation of the Official Rules or the detailed rules and instructions for the game; to be acting in violation of the terms of the Web site, or to be acting in a non-sportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. Any use of robotic, automatic, macro, programmed or like Contest game play, or entry/score methods, will disqualify all Contest game plays, or entries/scores using such methods, and the disqualification of any participant using such methods. Releasees are not responsible for injury or damage to participants' or to any other person's computer related to or resulting from participating in this Contest or downloading materials or programs or software to any computer, or downloading materials from or use of the Web site. No more than the stated number of prizes will be awarded. Entry information and entries become property of Sponsor. In case of dispute, the authorized subscriber of email account used to enter the Contest, at actual time of entry, will be deemed to be participant and must comply with these Official Rules. Authorized account subscriber is deemed to be natural person who is assigned an email address by an Internet Access Provider, online service provider, or other organization that is responsible for assigning email addresses. IN NO EVENT WILL RELEASEES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO AND USE OF INTERNET SITE www.powerofcool.com OR THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM SAID SITE. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THIS SITE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OR LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS. 8. PRIVACY: Information submitted with an entry is subject to the Privacy Policy stated on the Web site. To read the Policy access the Web site and click on the Privacy Policy link. 9. ARBITRATION/CHOICE OF LAW: Except where prohibited, entrants (and entrant's parent/legal guardian if entrant is a minor) agree that: (1) any and all disputes, claims, and causes of action arising out of or connected with this Contest, or any prize awarded, or the determination of the winner(s), shall be resolved individually, without resort to any form of class action, and exclusively by arbitration pursuant to the Rules of the American Arbitration Association, then effective, and (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 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 entrant and/or Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of New York, without regard for conflicts of law doctrine, and all proceedings shall take place in the City of New York, County of New York. 10. WINNER LIST: For a list of winners, mail a self-addressed, stamped envelope to be received by 7/31/06 to: Cool Water "Power of Cool" Winners, PMI Station, PO Box 750, Southbury, CT 06488-0750. Sponsor: Coty Prestige LLC, One Park Avenue, New York, NY 10016 Administrator: Promotion Mechanics, Inc., 87 South Main Street, Newtown, CT 06470 ©2006 Coty Prestige LLC All rights reserved.
DAVIDOFF COOL WATER "POWER OF COOL" INSTANT WIN GAME OFFICIAL RULES OPEN ONLY TO LEGAL RESIDENTS OF THE 50 UNITED STATES AND THE DISTRICT OF COLUMBIA WHO ARE 18 YEARS OF AGE OR OLDER. 1. ELIGIBILITY: NO PURCHASE NECESSARY TO ENTER OR CLAIM PRIZE. PURCHASE WILL NOT IMPROVE CHANCES OF WINNING. Open only to legal residents of the 50 United States and the District of Columbia who are 18 years of age or older at time of entry. Employees, officers and directors of Coty Prestige LLC (the "Sponsor"), Promotion Mechanics, Inc. (the "Administrator"), Seed Communications, LLC (the "Game Administrator"), their respective parents, subsidiaries, affiliates, advertising and promotion agencies, webmasters/suppliers, and members of the immediate families (spouse, children, parents, siblings) and persons living in the same household (whether or not related) of such employees, officers and directors are not eligible. Void where prohibited. 2. TO PLAY: To play the "Power of Cool" Instant Win Game, visit www.powerofcool.com ("Web site") between 12:00 am (midnight) Eastern Time ("ET") on 5/9/06 through 11:59 pm ET on 7/7/06 and follow the online directions to access the official registration form. Provide all the information requested, including full name, address, city, state, zip code, email address, telephone number and date of birth. When you register you will select a user name and password. Each time you return to the Web site you will be required to use this user name and password. (You are solely responsible for the security of your user name and password. Neither Sponsor, nor any other person or entity will be responsible for any losses, damages or consequences you may suffer due to careless or unauthorized use of a user name and password). You may not register with multiple email and/or street addresses or under multiple identities. Any person who does so, or uses any device or artifice to circumvent these Official Rules may be disqualified and their entries disqualified. Game Administrator's computer is the official time keeping device for the Promotion. Once you have registered, you may play the Instant Win Game two different ways: 1) Click on the icon to begin playing the "Power of Cool" surfing game. To access the game, you must have installed, or install, on your computer Macromedia's Flash Player version 7.0 and above. If you do not have that program on your computer you may do so by visiting http://www.macromedia.com/shockwave/download/alternates/. To install the program you must have one of the following operating systems: Windows NT, Windows NE, Windows Me, Windows 2000, Windows XP, Mac OS 9.x or above and minimum hardware requirements as follows: Windows: 128 MB RAM and 450 MHz Intel Pentium II processor (or equivalent) and later; Macintosh: 128 MB RAM and 500 MHz PowerPC G3 and later. Detailed rules and instructions on how to play the game are posted at the Web site. The game must be played in accordance with the detailed rules and instructions. You will receive one play in the Instant Win Game for each surfing game you begin (but you need not complete or successfully complete a game), up to 25 per day. (A day begins at 12:00 am (midnight) ET and ends the following 11:59 pm ET). The score achieved when the game is played will have no affect on your ability to participate. If the surfing game is not available for any reason, or if you wish to play the Instant Win Game without playing the surfing game, visit http://www.powerofcool.com/instantwin. You will receive one play in the Instant Win Game each time you visit this url address and follow online instructions, up to 25 per day, in addition to the 25 per day pursuant to the immediately below paragraph. There is a limit of 25 Instant Win Game plays per person per day regardless if the play is via playing the surfing game and/or via http://www.powerofcool.com/instantwin 2) You will also receive one play in the Instant Win Game by sending an invitation email through the refer-a-friend option at the Web site to persons you feel may be interested in the Promotion. Email addresses must be current and valid. All persons to whom an email invitation is sent must be eligible to participate. Please only provide the email addresses of those persons with whom you have either personal or professional relationships who you feel would be interested in hearing about the Promotion. Should you have the email forwarded to persons other than as stated, you may be disqualified. Limit 25 email invitations per day, and for each valid email address to which you send an invitation, you will receive one play in the Instant Win game, up to 25 per day. To play the Instant Win Game without sending an invitation email through the refer-a-friend option at the Web site, visit http://www.powerofcool.com/instantwin. You will receive one play in the Instant Win Game every time you visit this url address and follow the online instructions, up to 25 per day, in addition to the 25 per day pursuant to the immediately above paragraph. There is a limit of 25 plays per person per day regardless if the play is via sending the invitation email through the refer-a-friend option at the web site or via http://www.powerofcool.com/instantwin. Overall, there is a limit of 50 Instant Win Game plays per person/email address per day, regardless of method of playing, but in accordance with the above stated method limits. Any attempt by any participant to play more than the allowed number of entries by using multiple/different email addresses, identities or other methods will void that participant's plays after the maximum number of plays allowed per the above stated methods per person/email address. Limit one prize per person/email address. 3. PRIZES/ODDS: For each of the prizes, a date and time will be randomly selected, and the first eligible participant whose Instant Win play is received and recorded by the Game Administrator's computer at or after such time, will be deemed the potential winner of that prize, subject to verification and compliance with these rules. The following prizes will be available to be awarded: 60 Prizes: One Davidoff Cool Water 1.35 fl. oz. eau de toilette natural spray. Approximate Retail Value ("ARV") $31 each. 2,994 Prizes: one "All Aboard the Crazy Train" DVD. ARV $29.95 each. Winners will be notified instantly and prizes will be shipped within 6 – 8 weeks of winning. Total ARV of all prizes combined is $91,530.30. Odds of winning depend on the number of eligible participants, the time any particular participant plays, and the winning times randomly selected to win. INSTANT WIN PRIZES WHICH ARE NOT CLAIMED OR ARE FORFEITED WILL NOT BE AWARDED. 4. GENERAL: All taxes on prizes and expenses relating to acceptance and use of prizes and not specified are the sole responsibility of winners. By participating, entrants (and entrant's parent/legal guardian if entrant is a minor in his/her jurisdiction of residence) agree a) to these rules and decisions of Sponsor, Administrator and Game Administrator which shall be final and binding in all respects and in all matters relating to this promotion; b) to release, discharge, indemnify and agree to hold harmless Sponsor, Administrator, Game Administrator, their respective advertising and promotion agencies and all of their respective parents, affiliates, subsidiaries, agencies, agents and representatives and all of their respective employees, officers and directors (individually and collectively "Releasees") from any liability or responsibility whatsoever for any claims, costs, injuries, losses or damages of any kind (including, without limitation, claims, costs, injuries, losses and damages related to personal injuries, death, damage to, loss of or destruction of property, or rights of publicity or privacy), arising out of or in connection with the promotion or from their acceptance, possession, use or misuse of any prize, or participation in the promotion or any promotion related activity; and c) if a winner to the announcement/use of name, voice, image and/or likeness, at any time or times, for trade, advertising, publicity and promotional purposes without compensation (unless prohibited by law) by Sponsor and those acting pursuant to Sponsor's direction, in all media now known or hereafter discovered, worldwide, including but not limited to the World Wide Web, without notice, review or approval and agrees to execute specific consent to such use if asked to do so. In no event will Releasees be responsible or liable for any damages or losses of any kind, whether direct, indirect, incidental, consequential, punitive or other damages. Winners (and winner's parent/legal guardian if winner is a minor in his/her jurisdiction of residence) may be required to complete an affidavit of eligibility, liability and (where legal) publicity release, which must be returned within time period specified by Sponsor or prize may be forfeited. If documents are returned as non-deliverable, or if a winner is found to be ineligible or not in compliance with these Official Rules, winner will be disqualified and prize forfeited. If a winner is not of the age of majority in his/her state of residence, prize may be awarded in the name of or to parent or legal guardian (as solely determined by Sponsor) who must execute all documents and agree to all undertakings of winner set forth in these Official Rules or prize may be forfeited. Releasees are not responsible and shall not be liable for: a) telephone, electronic, hardware or software program, network, or Internet or computer malfunction, or any communications accessibility, availability or lines, or technical errors of any kind or by any human error which may occur in the processing of entries, or the incorrect or inaccurate capture of entry or other information, or the failure to capture, or loss of, any such or similar information; b) failed, incomplete, garbled, corrupted or delayed computer transmissions; c) lost, late, misdirected, mutilated, incomplete, illegible entries or postage-due mail, entries or email; or d) any condition caused by events that may cause the promotion to be disrupted or corrupted. Sponsor reserves the right in its sole discretion to cancel or suspend the promotion or any portion thereof should computer hardware or software malfunctions (such as but not limited to virus, bugs, worms, tampering, unauthorized intervention, fraud, technical failures) or any other causes corrupt the administration, security or proper play of the promotion, and select the winners from entries received prior to the action taken or in such other manner as deemed fair and appropriate by Sponsor. 5. ADDITIONAL CONDITIONS: Releasees are not responsible for any incorrect or inaccurate information, whether caused by Web site users, tampering, hacking or by any of the equipment or programming associated with or utilized in the promotion and assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or technical error or unauthorized access to the Web site. Sponsor reserves the right, at its sole discretion, to disqualify any individual it finds to be tampering with the entry process or the operation of the promotion or Web site; to be acting in violation of the Official Rules; to be acting in violation of the terms of the Web site, or to be acting in a non-sportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. Releasees are not responsible for injury or damage to participants' or to any other person's computer related to or resulting from participating in this Sweepstakes or downloading materials or programs or software to any computer, or downloading materials from or use of the Web site. Any use of robotic, automatic, macro, programmed, third party, or like entry methods, will disqualify all entries using such methods. 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 in any prize category, as set forth in these Official Rules, to be available and/or claimed, Sponsor reserves the right to award only the stated number of prizes in that category (not yet awarded) by a random drawing from among all legitimate eligible prize claimants in that category. In the case of any irregular game play, the sole liability and responsibility is replacement with another game play, while supplies last. Entry information and entries become property of Sponsor. In case of dispute, the authorized subscriber of email account used to enter the Promotion, at actual time of entry, will be deemed to be participant and must comply with these Official Rules. Authorized account subscriber is deemed to be natural person who is assigned an email address by an Internet Access Provider, online service provider, or other organization that is responsible for assigning email addresses. No prize transfer or cash redemption or substitution, but Sponsor reserves the right to substitute prize with prize of equal or greater value should prize become unavailable. IN NO EVENT WILL RELEASEES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO AND USE OF INTERNET SITE www.powerofcool.com OR THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM SAID SITE. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THIS SITE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OR LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS. 6. PRIVACY: Information submitted with an entry is subject to the Privacy Policy stated on the Web site. To read the Policy access the Web site and click on the Privacy Policy link. 7. ARBITRATION/CHOICE OF LAW: Except where prohibited, entrants (and entrant's parent/legal guardian if entrant is a minor) agree that: (1) any and all disputes, claims, and causes of action arising out of or connected with this promotion, or any prize awarded, or the determination of the winner, shall be resolved individually, without resort to any form of class action, and exclusively by arbitration pursuant to the Rules of the American Arbitration Association, then effective, and (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this promotion 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 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 entrant and/or Sponsor in connection with the promotion, shall be governed by, and construed in accordance with, the laws of the State of New York, without regard for conflicts of law doctrine, and all proceedings shall take place in the City of New York, County of New York. 8. WINNER LIST: For a list of winners, mail a self-addressed, stamped envelope to be received by 7/7/06 to: Cool Water "Power of Cool" Instant Win Game Winners, PMI Station, PO Box 750, Southbury, CT 06488-0750. Sponsor: Coty Prestige LLC, One Park Avenue, New York, NY 10016 Administrator: Promotion Mechanics, Inc., 87 South Main Street, Newtown, CT 06470 ©2006 Coty Prestige LLC All rights reserved.