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POOL GIVEAWAY 2004 SWEEPSTAKES

COMPLETE OFFICIAL RULES

The following sweepstakes is intended to play in the United States only and shall only be construed and evaluated according to U.S. law. Do not enter this sweepstakes if you are not located in the U.S. at the time of entry.

  1. NO PURCHASE NECESSARY. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. LIMIT ONE ENTRY PER PERSON. Open to legal residents of the 50 United States and District of Columbia age 18 or older at time of entry who own their own home. Void in Puerto Rico and where prohibited by law. Employees and directors of SCP Pool Corp., ("Sponsor") its affiliates, distributors, retailers, subsidiaries, advertising, promotion, and fulfillment agencies, and members of the immediate family (children, parents, spouses or siblings, regardless of where they live) or household (whether related or not) of each of the above are not eligible to participate. Sweepstakes starts on 12:00:01 a.m. EST on February 15, 2004 and ends at 11:59:59 p.m., EST on December 1, 2004 ("Promotion Period"). Mail-in entries must be postmarked by December 1, 2004 and received by December 8, 2004.
  2. HOW TO ENTER: To enter, by mail, complete the official entry form obtained at participating SCP Pool Corp. dealers, and mail to "The Great Pool Giveaway", PO Box 5601, Clinton, IA 52736-5601 or via the internet, access www.backyardescape.com or www.poolpronetwork.com during the Promotion Period and follow the entry instructions. Complete the information requested in the information fields. When your entry is complete, click on the area marked "Submit Entry" (once submitted, entry cannot be deleted, canceled, or modified). Limit one entry per person or e-mail address for the entire promotion period. You may enter the Promotion under one name and one email address only. Entries must originate through official mail in entry form or through www.backyardescape.com or www.poolpronetwork.com to be eligible. Enter using only an email address subscribed and registered in your name. In the event of a dispute as to entries submitted by multiple individuals using the same email account, entry will be deemed to have been submitted by the authorized subscriber of the email account used to enter the Sweepstakes at the actual time of entry. The authorized email account subscriber is deemed to be the natural person who is assigned an email address by an Internet access provider, on-line service provider or other organization which is responsible for assigning email addresses or the domain associated with the submitted email address. Entries generated by script, macro, robotic, programmed, or any other automated means are prohibited and will be disqualified. Sponsor is not responsible for lost, late, misdirected, incomplete, illegible, mutilated or postage due mail or entries. Limit one entry per outer mailing envelope. No mechanical reproductions or photocopies of entries allowed. Entries become property of Sponsor and will not be returned.
  3. PRIZES AND ODDS OF WINNING: Prize will be awarded in a random drawing on or about December 15, 2004 from all eligible entries received. GRAND PRIZE (1): One redemption certificate good through participating Backyard Escape or Pool Pro Network Members for the construction of an in ground pool with a maximum retail value of $15,000 (including parts and labor). In the event that winner's home is in a location which is not serviced by either a participating Backyard Escape Member or a Pool Pro Network Member, construction of pool will be arranged by Sponsor. If a winner purchases a pool between January 1, 2004 and December 1, 2004 from either a participating Backyard Escape Member or Pool Pro Network Member winner may elect to receive a reimbursement check for the amount of the purchase price of the pool constructed, not to exceed $15,000. No cash substitutions will be allowed for a winner which cannot or otherwise does not agree to have a pool constructed. In such event, prize will be forfeited. Pool must be constructed no later than June 30, 2005. Winner is responsible for supplying all required permits and other authorizations necessary to construct pool. If winner elects to construct a pool which has a retail value of greater than $15,000 (including parts and labor), winner shall be liable for all costs and expenses in excess of the $15,000 prize value. In the event that pool constructed costs less than $15,000, no cash reimbursement will be given, and the difference between $15,000 and value of pool constructed will be forfeited in its entirety. No other prize substitutions or cash redemptions will be allowed. The odds of winning prize depend on the number of eligible entries received from mail and electronic entries combined. The random drawing will be conducted by Promotion Fulfillment Center, an independent judging organization whose decisions are final and binding on all sweepstakes matters. Awarding of the prize will be conducted under the supervision of Sponsor. Entrants agree to be bound by these Official Rules and the decisions of the Sponsor.
  4. GENERAL CONDITIONS: Winner will be notified by phone and regular mail (at Sponsor's sole discretion) and will be required to sign and return an Affidavit of Eligibility and Release of Liability and Publicity (where permitted), if legal, and Liability within seven days of receipt of notification. Sponsor is not responsible for any changes to entrant's email/mailing address. If prize or prize notification is returned as unclaimed or undeliverable, prize will be forfeited and awarded to an alternate winner. No prize transfer permitted. All taxes on prize are the sole responsibility of the prize winner. By participating and accepting a prize, where permitted by law, winner grants to Sponsor (and agrees to confirm that grant in writing), and those acting pursuant to the authority of Sponsor, the right to print, publish, broadcast and use, worldwide in any media now known or hereafter developed, including but not limited to the World Wide Web, at any time(s), the winner's name, address (city and state), portrait, picture, voice, likeness and/or biographical information for advertising and promotional purposes without additional compensation or review.
  5. RELEASE OF LIABILITY: All entrants release Sponsor, its affiliates, subsidiaries, officers, directors, agents, employees, prize providers and all others associated with the development and execution of this Web site and Sweepstakes from any and all liability with respect to or in any way arising from this Sweepstakes and/or acceptance or use/misuse of the prize, including but not limited to liability for personal injury, bodily injury including wrongful death, damage to property, and damage or loss of any other kind caused in connection with the construction of the prize pool. Sponsor is not responsible for any change in market value of home caused by construction of the pool. Sponsor is not responsible for any incorrect or inaccurate information, whether caused by Web-site users or by any of the equipment or programming associated with or used in the sweepstakes or by any technical or human error which may occur in the processing of submissions in the sweepstakes. Sponsor assumes no responsibility for any error; omission; interruption; deletion; defect; delay in operation or transmission; communications-line failure, theft, or destruction or unauthorized access to, or alteration of, entries. Sponsor is not responsible for any problems or technical malfunction of any telephone network or lines; computer on-line systems, servers, or providers; computer equipment; software; or failure of e-mail or entry on account of technical problems or traffic congestion on the Internet or at any Web site or combination thereof, including injury or damage to participants or to any person's computer related to or resulting from participating in this sweepstakes or downloading materials from this Web site. Sponsor is not responsible for user cheating or fraud by any entrants. Any activities intended to disrupt or interfere with the proper play of the sweepstakes, or defraud Sponsor in any way will be prosecuted to the fullest extent of the law. Participants who engage in any of the foregoing activities will be disqualified and will forfeit any prizes won. If, for any reason, the sweepstakes is not capable of running as planned, including, without limitation, infection by computer virus, worm or bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Sponsor, which in the sole opinion of Sponsor, could corrupt or affect the administration, security, fairness, integrity, or proper conduct of this sweepstakes, Sponsor reserves the right, at its sole discretion, to cancel, terminate, modify, or suspend the sweepstakes, and randomly award the prizes from among all eligible entries received prior to action taken by Sponsor. If prize is won by a minor it will be awarded in the name of the minor to parent or legal guardian.
  6. DISPUTES: THIS SWEEPSTAKES IS GOVERNED BY THE LAWS OF THE UNITED STATES AND THE STATE OF LOUISIANA, WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. BY ENTERING, YOU CONSENT TO THE VENUE AND JURISDICTION OF THE FEDERAL, STATE AND LOCAL COURTS IN COVINGTON, LOUISIANA. Further, in any such dispute, under no circumstances will participant be permitted to obtain awards for, and hereby waives all rights to claim punitive, incidental, or consequential damages, including reasonable attorneys' fees, other than participants' actual out-of-pocket expenses (i.e. costs associated with entering this Sweepstakes), and participant further waives all rights to have damages multiplied or increased.
  7. WINNER'S LIST: For the names of winner of prize, send a self-addressed, stamped envelope to: The Great Pool Giveaway Sweepstakes Winner's List, P.O. Box 5601-W, Clinton, Iowa 52736-5601, for receipt by January 15, 2005. The name of the winner may also be posted on-line at www.backyardescape.com or www.poolpronetwork.com after 12/31/04.
  8. SWEEPSTAKES SPONSOR: The sweepstakes Sponsor is SCP Pool Corp., 109 Northpark Blvd., 4th Floor, Covington, LA 70433

Copyright © 2004, SCP Pool Corporation.