Electrophysics Corp.
"Win a Harley" SWEEPSTAKES OFFICIAL RULES

NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.

1. Introduction. The Grand Prize Drawing ("Sweepstakes") is sponsored by Electrophysics Corp. 373 Rte 46 Fairfield, NJ 07004 ("Sponsor"). One (1) winner will be selected in a random drawing from among all eligible entries received across all Win a Harley Presentations. The Sweepstakes is offered via the Internet and only to persons employed in eligible trades listed in Section 3 below. This sweepstakes is to promote the Sponsor’s products to persons in the industries serviced by Sponsor. By participating, entrant agrees to abide by these Official Rules and the decisions of Sponsor, which are final and binding in all respects.

2. To Enter. Beginning on April 26, 2005 at 12:01 a.m. EST and ending on December 5, 2006 at 5:00pm EST ("Promotion Period") go to www.electrophysics.com/harley and follow the instructions Various Creative Presentations may be added throughout the Promotion Period. A Thermographic Questionnaire completed by an Eligible Entrant and submitted in accordance with the instructions provided will receive one (1) entry into the Sweepstakes. All entries must be received during the Promotion Period.

3. Eligibility. RESTRICTED TO TRADE. Open only to legal residents of the fifty (50) United States (including the District of Columbia) who have reached the age of majority in their respective jurisdictions as of April 26, 2005 who are employees of companies involved in the following industries: Power Generation, Automotive, Chemicals, Petrochemical, Paper, Metals, Semiconductors, Telecommunications, Building Materials, Contract Manufacturing, Food production, Appliance Manufacturing, and Electronic Manufacturing; Employees of contractors in the following industries: Electrical, Mechanical, Roofing, Remediation, Pest control, Insulation; Consultants in the following industries: Predictive maintenance services, Energy Conservation, and Architecture (“Eligible Entrants”). Sweepstakes void where prohibited. Employees, officers and directors of Sponsor and Promoters, their respective parents, subsidiaries, and agents, as well as the immediate family (defined as parents, spouses, children, siblings and grandparents) and household members (defined as people who share the same residence at least 3 months a year) of each such employee, officer and director are not eligible to enter or win.

4. For All Entries. LIMIT: one (1) entry per website per person by any method or combination of methods of entry. Users attempting to register via multiple email addresses or multiple users attempting to register via the same email address will be disqualified. All entries become the property of the Sponsor and will not be acknowledged or returned. Proof of sending will not be deemed to be proof of receipt by the Sponsor.

5. Drawing. Winner will be selected in a random drawing on or about December 6, 2006 from all eligible entries received. Drawing conducted by an authorized representative of the Sponsor, whose decision is final and binding. Entrant selected must comply with all terms and conditions of these Official Rules, and winning is contingent upon fulfilling all requirements. Winner will be notified by mail and/or email within ten (10) days of the drawing.

6. Prize. One (1) Grand Prize will be awarded. Winner will have choice of either Harley Davidson® Motorcycle Model FXD Dyna Super Glide® (Approximate Retail Value $14,000) OR $10,000 Cash. All expenses on the receipt and use of the motorcycle including, without limitation, sales tax, additional equipment, licensing, registration, drop-off charges, insurance and title documentation, are not included and are solely the winner's responsibility. Any additional features on the motorcycle not included in the model selected by Sponsor must be paid for by the winner. Delivery of vehicle will be at a designated location as near to the winner’s home as possible and subject to manufacturer/distributor and dealer production and delivery schedules. If winner selects Motorcycle prize, winner must present valid motorcycle license and proof of motorcycle insurance. Sponsor makes no representation about the condition or fitness of the motorcycle. Subject to availability, prize will be delivered within approximately 30 days from final verification of participant’s eligibility. Grand Prize Winner will be issued a 1099 for the fair market value of the prize as determined by Sponsor in Sponsor’s sole discretion. No substitution, assignment or transfer of prize permitted, except by Sponsor, who reserve the right to substitute a prize with another prize of greater or equal value.

7. Odds of Winning. Grand Prize depend on the number of eligible entries received. Estimated odds of winning: 1:10,000.

8. Disputes. Entrant agrees that: (1) any and all disputes, claims, and causes of action arising out of or connected with this Sweepstakes, or any prizes awarded, other than the administration of the Sweepstakes or the determination of winners shall be resolved individually, without resort to any form of class action, and exclusively by a court of competent jurisdiction in the State of New Jersey; (2) any and all claims, judgments and awards shall be limited to actual out of pocket costs incurred, including costs associated with entering this Sweepstakes 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. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant, Sponsor and Promoter in connection with the Sweepstakes shall be governed by, and construed in accordance with, the laws of the State of New Jersey, without giving effect to any choice of law or conflict of law rules of provisions which would cause the application of the laws of any jurisdiction other than the State of New Jersey, U.S.A. All federal, state, provincial and local laws apply.

9. Data Collection. Sponsor collects personal information from you when you enter the Sweepstakes. The information collected is subject to the privacy policy of Sponsor at http://www.electrophysics.com/View/Viw_PrivacyPolicy.asp

10. Miscellaneous. By participating, entrants agree to be bound by these rules. Failure to comply with these or any other Official Rules will result in disqualification. Winner must sign & return an affidavit of eligibility, a liability release, and except where prohibited by law, a publicity release within 10 days of issuance of notification. If winner does not comply with the foregoing, or if the prize or prize notification is undeliverable, and/or if a selected winner does not comply with any portion of these Official Rules, such winner will be disqualified and alternate winner will be selected. Sponsor makes no warranty, representation or guarantee, express or implied, in fact or in law, relative to the nature, utility or quality of any prize awarded. Entrants agree that: 1) Sponsor and its promotional partners and their respective designees shall have right and permission to use (if a winner) entrant’s name, city of residence, likeness, voice, opinions, country for advertising, trade and/or other purposes in perpetuity without further compensation (unless prohibited by law); and 2) Sponsor and its promotional partners, their respective parent companies, affiliates, participating retailers, distributors, suppliers, advertising and promotion agencies and each of their respective officers, directors, employees, representatives and agents shall have no liability and will be held harmless by entrants for any liability, loss, injury or damage to entrants or any other person or entity, including personal injury or death to entrant or any other person, or damage to personal or real property, due in whole or in part, directly or indirectly, by reason of the acceptance, possession, use or misuse of prize including any travel or prize activities related thereto, or participation in this sweepstakes. Taxes sole responsibility of winner. In the event of a dispute as to the identity of an online entrant, the authorized account holder of the email address used to enter will be deemed to be the entrant. Winner may be required to show proof of being the “authorized account holder”. The "authorized account holder" is the natural person assigned to an email address by an Internet service provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Sponsor and its agencies are not responsible for technical, hardware, software or electronic malfunctions of any kind, lost or unavailable network connections, or failed, incorrect, incomplete, inaccurate, garbled or delayed electronic communications caused by the sender, or by any of the equipment or programming associated with or utilized in this Sweepstakes that may limit the ability to play or participate, or by any human error that may occur in the processing of the entries in this Sweepstakes. If for any reason, (including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other cause beyond the control of Sponsor, that corrupts or affects the administration, security, fairness, integrity, or proper conduct of this Sweepstakes), the electronic portion of the Sweepstakes is not capable of being conducted as described in these rules, Sponsor shall have the right, at its sole discretion, to cancel, terminate, modify or suspend the Sweepstakes. Any person who supplies false information, obtains entries by fraudulent means, or is otherwise determined to be in violation of these rules in an attempt to obtain any prize will forfeit any prize won and will be prosecuted to the fullest extend of the law. Harley-Davidson Motor Company is not endorsing, sponsoring, or otherwise affiliated with this promotion.

11. List of Winners. Send a self-addressed stamped envelope between January 1, 2007 and March 30, 2007 to "Win a Harley Winner/Rules Request", c/o Electrophysics Corp. 373 Rte 46 Fairfield, NJ 07004

 

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