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Official eMax Referral Giveaway Promotion Rules

Updated: October 1, 2007.

The eMax Corporation ("eMax") Referral Giveaway Promotion ("Promotion") is a limited time offer. Promotion is sponsored by eMax Corporation, Palo Alto, CA 94301.

1. How to Enter: No purchase necessary. To enter the Promotion, create an eMax User Account, select the Referral Giveaway Promotion, and contact your network of family and friends using the eMax Referral Manager. You may also post referral URL links (located in the Referral Giveaway Promotion section of your account page) in emails, instant messages, blogs, and online profiles. Participation in the Promotion is expressly conditioned upon acceptance of all Official Promotion Rules and is subject to all applicable laws and regulations. Void where prohibited.

2. Eligibility: Except as expressly set forth in this Section 2, the Promotion is open to legal residents of US and Canada, 18 years of age or older at the time of Promotion entry. The promotion begins October 1, 2007, and ends March 31, 2008 ("Entry Period").

3. Raffle Tickets: In exchange for the submission of a complete and accurate name and email address upon sign-up, eMax will assign a raffle ticket number to you automatically. For anyone who signs up completely and accurately with your complete self-referring links, additional raffle ticket numbers will be assigned, with no limit to the number of raffle tickets. Any and all taxes of any kind, fees, insurance and other related costs incurred in conjunction with a giveaway prize are the sole responsibility of the recipient. Raffle drawings will be periodically at random dates between October 1, 2007 to March 31, 2008, and winners will be announced shortly afterward. Subsequent drawing dates, if any, will be updated on the promotion page.

4. Prizes: iPod Nano, Gift cards at various monetary amounts depending on eMax members' contributions to the eMax web sites, official eMax brand clothing and other prizes of equivalent monetary value. Prizes will be distributed and replaced at the discretion of eMax Corporation.

A raffle ticket number will be randomly drawn, and the holder of the winning ticket number will be verified for completeness, validity, and accuracy. One prize will be awarded per valid raffle ticket. The winner will be notified via email. Winners have 4 weeks from the attempted notification to claim their prize; claims may be made by responding to the winning email notification. Prizes that are unclaimed will result in another raffle ticket being drawn. No substitution, transfer, or assignment of prize permitted, except that eMax reserves the right to substitute a prize of equivalent value in the event the offered prize is unavailable. All taxes on prizes are the sole responsibility of the prize winners. Winners must have US residential address to accept the prize; certain couriers will not deliver to P.O. Boxes.

Noncompliance within these time periods may result in disqualification and selection of an alternate winner. Return of any prize/prize notification as undeliverable may result in disqualification and selection of an alternate winner. Entrants further grant to eMax the right to use and publish their proper name and state online and in print in any other media in connection with the contest. Acceptance of a prize constitutes permission for eMax to use winner's names and likenesses for advertising and promotional purposes without additional compensation unless prohibited by law.

5. Limited Time Offer/While Supplies Last: This Promotion is a limited time offer and is subject to availability and while supplies last.

6. Contact Forms: All Contact Forms and submissions become the property of eMax. By participating in this Promotion, participants expressly agree that eMax may utilize Contact Form information in order to contact participant for marketing purposes.

7. Administration: eMax expressly reserves the right to amend, suspend or terminate this Promotion at any time without prior notice or consent by participants or potential participants. All Contact Forms and submissions are subject to verification. Administration of this Promotion is at the sole discretion of eMax. Any questions relating to eligibility, rules or any other questions concerning this Promotion will be resolved at the sole discretion of eMax and the decision will be final. No requests for exchanges or cash equivalent for the giveaway prize will be considered and no substitutions will be made.

8. Internet: If for any reason the Internet portion of the program is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of eMax that corrupt or affect the administration, security, fairness, integrity, or proper conduct of this contest, eMax reserves the right, at its sole discretion, to disqualify any individual who tampers with the entry process, and to cancel, terminate, modify, or suspend the sweepstakes. eMax 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. eMax is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers, or providers, computer equipment, software, failure of any e-mail or entry to be received by eMax on account of technical problems or traffic congestion on the Internet or at any Web site, or any combination thereof, including any injury or damage to participant's or any other person's computer related to or resulting from participation or downloading any materials in this sweepstakes.

9. General: eMax is not responsible or liable for lost, late, incomplete, misdirected, invalid, inaccurate, fraudulent, stolen, mutilated or illegible data, Contact Forms or prizes and/or technical difficulties of any sort. If in eMax's opinion, there is any suspected or actual evidence of electronic or non-electronic tampering with any portion of the Promotion, or if technical difficulties compromise the integrity of the Promotion, eMax reserves the right to terminate the Promotion and/or reject affected Contact Forms. Any attempt to deliberately damage the content or operation of this Promotion, including but not limited to, through fraudulent acts is unlawful and subject to legal action by eMax or its agents.

Entrants agree to abide by the terms of these official rules and by the decisions of eMax, which are final and binding on all matters pertaining to this sweepstakes. This sweepstakes is governed by the laws of the United States. All federal, state, and local laws and regulations apply. Prize winners may be required to execute an affidavit of eligibility and liability/publicity release within seven (7) days following the date of attempted notification.

BY PARTICIPATING IN THIS PROMOTION, YOU RELEASE EMAX AND ANY OF ITS RESPECTIVE PARENT, SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, AGENTS, AND AGENCIES FROM ANY AND ALL LIABILITY WHATSOEVER, AND WAIVE ANY AND ALL CAUSES OF ACTION, RELATED TO ANY CLAIMS, COSTS, INJURIES, LOSSES OR DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE PROMOTION, FROM EMAX'S USE OF ANY DATA OR INFORMATION RECEIVED OR COLLECTED IN CONNECTION WITH THE PROMOTION, FROM ANY LATE, LOST, OR MISDIRECTED CONTACT FORMS OR PRIZES, ERRORS OR TECHNICAL DIFFICULTIES OF ANY KIND (INCLUDING BUT NOT LIMITED TO THE INABILITY TO ACCESS THE SITE), OMISSIONS, PROCESSING DELAYS, PERFORMANCE OR FAILURE TO PERFORM HEREUNDER, OR FROM THE USE OR INABILITY TO USE THE SITE OR FROM THE USE OR INABILITY TO USE THE PRIZE, (INCLUDING WITHOUT LIMITATION, CLAIMS, COSTS, INJURIES, LOSSES AND DAMAGES RELATED TO PERSONAL INJURIES, DEATH, DAMAGE TO OR DESTRUCTION OF PROPERTY AND RIGHTS OF PRIVACY, WHETHER INTENTIONAL OR UNINTENTIONAL) WHETHER UNDER A THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY OR OTHER THEORY. ALL APPLICABLE LAWS APPLY.

CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW.