- Jul 28, 2004
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I just got an e-mail from customerservice@atihl2offer.com and it says i'm a winner in the ATI Colossal Conest. I seem to remember signing up for a contest on ATI's website a while back. Is this thing legit thoug? There is a form i have to fill out and e-mail or fax back to them and it asks for my social security number.
This is the claims form that i'm suppost to fill out.
My friend says its probably legit because he checked the IP address and its a Canadian marketing company and they were probably contracted by ATI. I've got their phone number which is 1-877-553-5538 so i'm going to call them and see.
This is the claims form that i'm suppost to fill out.
AFFIDAVIT OF ELIGIBILITY/COMPLIANCE AND LIABILITY/PUBLICITY RELEASE
(U.S. RESIDENTS ONLY)
ATI Technologies Colossal Contest (the ?Contest?)
THIS IS AN ABSOLUTE AND UNCONDITIONAL WAIVER AND RELEASE. PLEASE READ IT CAREFULLY BEFORE SIGNING. BY SIGNING YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND COMPLIED WITH THE OFFICIAL CONTEST RULES AND THE CONTENTS OF THIS AFFIDAVIT AND RELEASE AND YOU AGREE TO BE BOUND BY ALL TERMS SET OUT IN EACH AND THAT YOU HAVE MET ALL CONTEST ENTRY REQUIREMENTS.
I, _________________ of ____________________________ in the City of __________________ , County of ________ in the State of __________________ , on oath say that I am an individual eighteen (18) years of age or older and a legal resident of the United States of America and that I am also over the age of majority in the state of my residence. If I am not over the age of majority in the state of my residence, and I am eligible to enter and win pursuant to the Official Rules of this Contest, I have had my parent/legal guardian sign below. My Social Security number is ___________________ . I am submitting this Affidavit and Release to ATI Technologies Inc.(the ?Sponsor?) with the understanding that it will be relied upon in connection with my having been awarded, subject to eligibility, the Grand Prize in the Contest, consisting of one IDEAZON ZBOARD GAMING KEYBOARDS. I have perpetrated no fraud or deception in connection with my entry, and I represent that I have obtained my Contest materials through authorized, legitimate channels. I have complied with, will continue to comply with and agree to be bound by Official Rules for the Contest, including without limitation the following:
In consideration of my receiving a Prize in the Contest, I hereby agree to release and hold harmless and agree to indemnify the Sponsor, all of its divisions, related companies, affiliates and/or associated companies either direct or indirect, contracted advertising or promotional agencies, and the supplier(s) of the prizes, including all of their respective officers, directors, shareholders, employees, representatives, licensees, advisors, and other agents (collectively referred to herein as the "Released Parties"), jointly and/or severally from and against any and all actions, claims, losses, costs, expenses, liabilities and demands of any nature and kind whatsoever, including but not limited to any death, injury, loss of enjoyment, property damage or other harm or loss of any nature, any claims based on publicity rights, privacy rights, personality rights, moral rights or defamation, and any and all taxes levied, assessed or collected, whether caused by, contributed to, arising out of or in connection with my winning or using in any manner the Prize or in any way taking part in the Contest notwithstanding that any such actions, claims, losses, costs, expenses, liabilities or demands of any nature and kind may have been contributed to or occasioned by the negligence of, or any act or failure to act on the part of, the Released Parties.
I hereby agree that I shall not make any claim or take any proceedings against any person with respect to any matter which may have arisen or may arise in connection with my winning or using in any manner the Prize or in any way taking part in the Contest in which a claim could arise against the Released Parties for contribution or indemnity or other relief.
Neither I nor any members of my immediate family nor those domiciled with me are employees of the Sponsor or any of the Released Parties.
I understand that any tax liability and any expenses not expressly set forth in the Official Rules with respect to any Prize which may be awarded to me shall be my sole responsibility.
I further understand and agree that all rights under the law of any state or territory of the United States that I may have with respect to this Affidavit and Release are hereby expressly and forever waived, and that no action will be taken by my or on my behalf with respect to any such claims or rights, it being understood that this release shall be binding upon my heirs, executors, and administrators, and anyone claiming by or through me. In particular, I understand and agree that all rights under section 1542 of the Civil Code of California and any similar law of any state or territory of the United States that I may have with respect to the foregoing release are hereby expressly and forever waived.
I hereby grant to the Released Parties, and their respective agents, the unrestricted, absolute, perpetual, worldwide right to use my name, address, photograph, likeness, voice, biographical and personal background information, statements, and Contest entry, and without limitation, any notes, film or video or audio tape that may be taken of me or of such materials (the foregoing, collectively, the ?Content?), without further compensation, consideration, or notice or permission to me or to any third party, and to reproduce, copy, modify, create derivative works of, display, perform, exhibit, distribute, transmit or broadcast, publicly or otherwise, or otherwise use and permit to be used the Content or any part thereof, whether alone or in combination with other materials (including but not limited to text, data, images, photographs, illustrations, and graphics, video or audio segments of any nature), in any media or embodiment now known or hereafter developed (including but not limited to any format of any computer-based, Internet-based, electronic, magnetic, digital, laser or optical-based media), in connection with any advertising, promotion, publicity, trade, sweepstakes or contest promotions, activities, or materials, at any time and from time to time, without compensation or remuneration. In addition, I hereby consent to the collection, use and retention of my personal information by the Contest Sponsor for the purposes of administering the Contest. I hereby represent and warrant that I have and will continue to have all rights and licenses necessary to grant the rights and licenses granted in this Affidavit and Release and further acknowledge and agree that neither the Sponsor nor any of the Released Parties shall be obligated to exercise any of the rights of licenses granted in this Affidavit and Release.
I agree to return immediately upon demand any Prize or portion thereof which may be awarded to me if any statement made by me in this Affidavit and Release is false, and to indemnify the Released Parties from and against any and all losses or damages (including attorneys? fees) arising out of or relating to any statements or representations made by me in this Affidavit and Release or otherwise in connection with the Contest. I understand that the Prize must be accepted as awarded and is not transferable, endorsable or convertible to cash.
I acknowledge and agree that this Contest, this Affidavit and Release, and the parties? respective rights and obligations, will be governed and construed under the laws of the Province of Ontario and the federal laws of Canada applicable therein, without the application of conflicts of law principles.
I represent and affirm that this Affidavit and Release does not conflict with any other commitments or obligations on my part. I agree that this Affidavit and Release supersedes all prior negotiations and understandings between myself and the Sponsor relating to the rights granted herein and no provision of this Affidavit and Release can be modified by any other instrument or document unless in writing and signed by both me and the Sponsor.
I understand that I must complete, sign, notarize, and return this Affidavit and Release within twenty-one (21) days of notification that I am the potential winner of a Prize, and that if I fail to do so, my entry will be disqualified.
I hereby declare that I have carefully read and completely understood the foregoing, and that I have given this Affidavit and Release voluntarily, knowingly and of my own free will. This Affidavit and Release is, to the best of my knowledge and belief, a true and accurate statement of the facts contained herein.
All of the foregoing shall endure to the benefit of and be binding upon my heirs, administrators or executors, as the case may be.
Dated this _______ day of ______________________, 2005 at _____________________, ______________________. (City) (State)
_______________________________________________________________________________________________________
Signature of Winner Signature of Witness
_______________________________________________________________________________________________________
Name of Winner (Please Print) Name of Witness (Please Print)
_______________________________________________________________________________________________________
Address Address
_______________________________________________________________________________________________________
City, State, ZIP City, State, ZIP
_______________________________________________________________________________________________________
Telephone Number Telephone Number
NOTARY PUBLIC:
Sworn to and subscribed before me on this ________ day of __________, 2005
___________________________________________
Signature of Notary Public and seal
My friend says its probably legit because he checked the IP address and its a Canadian marketing company and they were probably contracted by ATI. I've got their phone number which is 1-877-553-5538 so i'm going to call them and see.
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