Best Friends Again: Golden Clone Giveaway: Rules

Golden Clone Giveaway
OFFICIAL RULES

The Golden Clone Giveaway (the "Giveaway") begins at 12:01 a.m. PST on May 30, 2008 (the "Giveaway Start Date") and ends at 11:59am PST June 24, 2008 (the "Giveaway End Date"). The Giveaway is sponsored by BioArts International, Inc. ("BioArts" or the "Giveaway Sponsor").

1. HOW TO ENTER: NO PURCHASE NECESSARY TO ENTER OR CLAIM PRIZE. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. Participants may enter the Giveaway by completing and submitting the on-line entry form available at www.bestfriendsagain.com/goldenclonegiveaway (the "Website"). This form will require participants to enter certain information about the participant and the participant’s dog, including a written narrative of approximately 500 words (4000 character maximum) describing why the participant’s dog should be cloned. Entries must be submitted in English. Each participant must also upload one picture of participant’s dog (2 MB maximum). Limit of one entry per household; households that submit more than one entry will be ineligible. Participant must own the dog identified in their entry.

Participation in the Giveaway is voluntary and does not require you to purchase anything from the Giveaway Sponsor. No illegible, incomplete, forged or altered entries will be accepted. All entries become the property of the Giveaway Sponsor and will not be returned. All entries are subject to BioArts’ Privacy Policy and Terms of Use. This Giveaway is neither a game of chance nor a game of skill. Any elements of randomness or chance used in the Giveaway are used for technical efficiencies only.

2. PRIZES: One Grand Prize winner (the "Winner") will receive a clone of the dog identified in their entry (the "Winning Dog"). Additional details regarding the cloning process can be obtained at www.bestfriendsagain.com. The clone of the Winning Dog and the associated services are collectively referred to herein as the "Prize."

Odds of winning are affected by the number of eligible entries received by the Giveaway End Date. The approximate retail value of the Prize will vary depending on the breed of the Winning Dog. The approximate retail value of the cloning services related to the Prize is $100,000. The fair market value of the Prize and related cloning services may be significantly less than the related approximate retail values. Only one Grand Prize will be awarded. There is no substitution, cash equivalent or transfer of prizes allowed. The Winner will be solely responsible for all other expenses not specifically set forth herein. The Giveaway Sponsor reserves the right to substitute prizes of equal or greater value. No other substitution or transfer of prizes permitted. The Giveaway Sponsor is responsible only for prize delivery; however, it is not responsible for prize utility, quality or otherwise. In order to receive the Prize, the Winner may be required to provide proof of identification. The Winner shall be solely responsible for all federal, state, provincial and / or local taxes (including income and withholding taxes), and the reporting consequences thereof, and for any other fees or costs associated with the Prize. Notwithstanding the foregoing, the Giveaway Sponsor may, at its sole discretion, reimburse the Winner for the payment of such taxes.

3. ELIGIBILITY: The Giveaway is only open to participants who are at least eighteen (18) years of age at the time of entry. Participants who are younger than eighteen (18) must have their parent or legal guardian enter the Giveaway on their behalf. Entries are limited to individuals only; commercial enterprises and business entities are not eligible. Participants must have a living dog from which their veterinarian can obtain a viable tissue sample, or have already gene banked viable tissue from a live or deceased dog. By participating in the Giveaway, each participant accepts the conditions stated in these Official Rules, agrees to be bound by the decisions of the Giveaway Sponsor, warrants that she/he is eligible to participate in the Giveaway and warrants that to the best of his or her knowledge, all information contained in his or her entry is true and accurate. Employees, independent contractors, officers, and directors of the Giveaway Sponsor, affiliates, subsidiaries, advertising, promotion, and fulfillment agencies, and legal advisors, and their immediate family members and persons living in the same household, are not eligible to participate in the Giveaway. THE GIVEAWAY IS VOID WHERE PROHIBITED OR RESTRICTED BY LAW and is subject to applicable federal, state and local laws and regulations.

4. SELECTION OF WINNER: Between the Giveaway End Date and June 27, 2008, two hundred (200) semi-finalists will be randomly selected from all submitted entries. Giveaway Sponsor will have the semi-finalist entries reviewed and will select ten (10) finalists at their sole discretion. A panel of judges, selected at the sole discretion of Giveaway Sponsor (the "Judges"), will judge the finalist entries and select as the Winner the participant with the most compelling story or circumstances, as determined by the Judges in their sole discretion.

The Winner will be notified between Friday, June 27 2008 and Saturday, June 28, 2008, by phone or e-mail using the information provided in the participant’s entry. Such notification shall include instructions for proper acceptance of the Prize by the Winner. In the event the Winner does not accept the Prize, the Winner is ineligible, the Winning Dog’s DNA is uncloneable (for any reason), the Winner’s entry is found to contain false, inaccurate or misleading information, the Prize notification is not deliverable, or the Winner is otherwise not available at the phone number or e-mail address provided, an alternate winner may be selected.

The Giveaway Sponsor is not responsible for and shall not be liable for late, lost, misdirected or unsuccessful efforts to notify the Winner. The Winner agrees to Giveaway Sponsor’s use of the Prize information and his or her name, address, and likeness, and the name and likeness of the Winning Dog and cloned dog for promotional purposes in any medium without additional compensation to the extent permitted by law. Where lawful, the Winner will be required to sign and return an Affidavit of Eligibility, Release of Liability, and Publicity Release and a Client Service Agreement.

The Winner will be required to submit a DNA sample of the Winning Dog. The cloning process usually takes 3-6 months after receipt of such DNA sample, but up to one year may be required to produce the Winner’s cloned dog. Winner will have thirty (30) days after notification to submit a tissue sample to Giveaway Sponsor. Additional details surrounding the Winner’s process are available at http://www.bestfriendsagain.com/auction/winner.html.

5. CONDITIONS: The Giveaway Sponsor and Judges, and their respective agents, directors, officers, shareholders, employees, insurers, servants, parents, subsidiaries, divisions, affiliates, predecessors, successors, representatives, advertising, promotion, and fulfillment agencies, and legal advisors (collectively, the "Giveaway Entities"), are not responsible for, shall not be liable for, and hereby disclaim all liability arising from or relating to: (i) late, lost, delayed, damaged, misdirected, misaddressed, incomplete, or unintelligible entries; (ii) telephone, electronic, hardware or software program, network, Internet, computer or other malfunctions, failures, or difficulties of any kind, whether human or technical; (iii) failed, incomplete, garbled, or delayed computer or e-mail transmissions; (iv) any condition caused by events beyond the control of the Giveaway Sponsor; (v) any injuries, losses, or damages of any kind arising in connection with or as a result of the Prize, or any portion thereof that may have been awarded, or acceptance, possession, or use of any prize, or any portion thereof that may have been awarded, or from participation in the Giveaway; or (vi) any printing or typographical errors in any materials associated with the Giveaway. The Giveaway Sponsor reserves the right, in its sole discretion, to suspend, modify or cancel the Giveaway or refuse to accept any entry should any unauthorized human intervention or other causes beyond the Giveaway Sponsor’s control corrupt or affect the administration, security, fairness or proper conduct of the Giveaway. By participating in the Giveaway, participants and the Winner agree to release, discharge and hold harmless the Giveaway Entities and all others associated with the development and execution of the Giveaway, from any and all losses, damages, rights, claims and actions of any kind arising out of or relating to the Giveaway, participation in the Giveaway, the Prize, or any portion thereof that may have been awarded, and/or acceptance, possession, use or misuse of the Prize, or any portion thereof that may have been awarded, including but not limited to statutory and common law claims for misappropriation or participant’s right of publicity. The Giveaway shall be governed by California law. By participating in the Giveaway, participants agree that California courts shall have jurisdiction over any dispute or litigation arising from or relating to the Giveaway and that venue shall be only in San Francisco, California.

6. WINNERS LIST: The Giveaway Winner and a copy of these Official Rules will be available on-line at the Website for 90 days following the Giveaway End Date.

7. GIVEAWAY SPONSOR:

BioArts International, Inc.
Golden Clone Giveaway
38 Miller Ave., Suite 12
Mill Valley, California 94941

8. NOTICE: The Giveaway Sponsor reserves the right to prosecute and seek damages against any individual who attempts to deliberately undermine the proper operation of the Giveaway in violation of these Official Rules and/or criminal and/or civil law.