Teledyne Tekmar “Win One for a Year” Official Drawing Rules

These rules shall govern the separate drawings for award of a Teledyne Tekmar Purge and Trap Concentrator, UV TOC Analyzer, or a six (6) month service agreement for a Tekmar Instrument System in the “Win Free Stuff” drawing at PITTCON - 2007 Trade Show, February 26 – March 2, 2007.  To enter the drawings, the entry form must be completed and delivered personally to the Teledyne Tekmar (hereinafter “Teledyne”) exhibit booth No. 3754 at PITTCON – 2007 during the Trade Show’s open hours on February 26 – March 1, 2007, inclusive.  No mailed entries will be permitted.  No purchase, nor attendance at a sales presentation, is necessary to enter or to win.  The drawing is open to all individuals domiciled in the United States.  Only one entry from each person registered for PITTCON – 2007 is permitted.  All entries must be from individual end users.  Distributors, resellers, or service organizations are not eligible to enter or win.  Teledyne is not responsible for lost, late, incomplete or illegible entries.  All entries become the property of Teledyne and none will be returned.  The prize winner will be selected in a random drawing on or about March 16, 2007 by Teledyne from among qualified entries received in the drawing.  All decisions of Teledyne with respect to any aspect of this drawing shall be final and binding.  The odds of winning are determined by the total number of qualifying entries received.  Three separate prizes will be awarded:  a full year’s use of a complete Teledyne Purge and Trap Concentrator or an UV TOC Analyzer at no charge, including installation, training, and start-up supplies, but not supplies for continuing use, or a six (6) month service agreement for a Tekmar Instrument System.  (The instruments in the system must be manufactured by Tekmar, must be no more than three years old, and in proper working condition at the beginning of the service agreement.  The service agreement will be subject to Tekmar’s terms and conditions.).  The winner will be notified by mail within six weeks of the drawing and may be required to sign and return an affidavit of eligibility and an agreement to comply with the Rules for Equipment Use within 30 days of the notification postmark.  Failure of a winner to timely sign and return the affidavit and agreement may result in its disqualification and selection of an alternate winner.  The prize is non-assignable and non-transferable.  The drawing is subject to all applicable national, state and local laws and regulations, and is void where prohibited or restricted by law.  The name of the winner can be obtained by sending a stamped, self-addressed envelope to Teledyne Tekmar, Marketing Department, 4736 Socialville Foster Road, Mason, OH 45040.  By participating in this drawing, entrants agree that if it is selected as the winner of the drawing, it will comply with the Rules For Equipment Use, a copy of which is available at the Teledyne PITTCON – 2007 exhibit booth, or by mail from the Teledyne Tekmar Marketing Department, and incorporated herein by reference as if fully set forth herein.  Any and all disputes, claims and causes of action arising out of or connected with this drawing or any prize awarded shall be resolved individually and exclusively by arbitration under the rules of the American Arbitration Association in the State of Ohio, which shall be the exclusive venue.  Any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, but in no event attorneys’ fees.  Entrants waive any and all rights to claim or recover punitive, incidental or consequential damages and any other damages other than for actual out-of-pocket expenses. The provisions of these Official Rules are severable and shall be construed or limited as necessary to make them enforceable. These Rules shall be governed by the laws of the state of Ohio. If part of these Official Rules are ruled invalid or unenforceable as a matter of law, the unenforceable provision(s) hall be stricken and the remaining provisions will remain valid and enforceable.  The winner may be required to sign an affidavit of liability and publicity release, in order to claim the prize.  The release will allow Teledyne to use the winner's name, photography, likeness, voice, prize information, and biographical information for publicity and promotional purposes, without further compensation, except where prohibited by law.  By entering the drawing, each entrant releases and agrees to hold harmless Teledyne and its parent companies, subsidiaries, affiliates, directors, officers, employees and agents from any liability whatsoever for any claims, costs, losses or damages of any kind (including without limitation, those related to personal injury, death, damage to property, infringement of proprietary rights, rights of publicity or privacy or defamation), arising out of or in connection with: (1) entering the drawing; (2) acceptance or use of the prize; or (3) otherwise arising out of or relating to the drawing and the prize awarded.  Teledyne collects personal information from you when you enter this promotion and Teledyne reserves the right to use such information in any lawful manner.  All taxes associated with the receipt or use of the prize is the sole responsibility of the winner.  Teledyne reserves the right to withhold any taxes as required by applicable law.  No substitutions (including for cash) are permitted, except Teledyne reserves the right to substitute a prize of equal or greater monetary value to the prize, if for any reason the prize cannot be awarded as contemplated in these rules. 

Rules for Equipment Use PITTCON – 2007 Drawing Teledyne Tekmar Labs

Use and possession of the awarded system will be governed as follows:  (a) the winner shall use the equipment in a careful and proper manner in compliance with all laws and other governmental requirements and in accordance with Teledyne Tekmar (herein after “Teledyne”) written instructions and specifications, and the equipment shall be used exclusively at a single location of the winner’s business; (b) winner shall not sell, assign, sublet, alter, modify or damage the equipment; (c) the winner shall bear the entire risk of loss or damage to the equipment from any cause; (d) the winner shall return the equipment to Teledyne at 4736 Socialville Foster Road, Mason, OH 45040 within fourteen (14) days after the expiration of the twelve-month free usage period, which shall commence upon delivery of the equipment to the winner, provided that if such equipment is not returned within such time that winner shall commence paying rent at the rate of $2,000 per month, prorated for any fractional period on a daily basis, until such equipment is returned.  The equipment shall be returned to Teledyne by winner in essentially the same condition as when first received, ordinary wear and tear excepted.  Initial delivery charges shall be borne by Teledyne and Teledyne shall specify the method of shipment. Winner shall pay all transportation charges to return the equipment to Teledyne upon termination of the one-year free usage period; (e) winner, at its cost, shall during the term of the lease be responsible for the repair of damage to the equipment resulting from misuse or careless operation, which repair, or any substantial maintenance, shall be made in consultation with and at the direction of Teledyne’s Customer Support Department (1-800-874-2004). Substantial maintenance shall mean any maintenance beyond that set forth in Teledyne’s written instructions and specifications; (f) Teledyne will provide repairs to the equipment required due to defective parts or workmanship. If repairs, for which are Teledyne’s obligation, are necessary, Teledyne will pay the cost of surface transportation for the equipment from the location of the equipment to Teledyne at 4736 Socialville Foster Road, Mason, OH 45040 and for returning the equipment to the winner; (g) winner shall, at its cost, keep the equipment insured at all times, providing coverage for all risks of physical loss or damage to the equipment in an amount not less than the replacement value, with all proceeds realized from said insurance to be paid to Teledyne.  Proceeds may be applied to the replacement, repair or payment of winner’s obligations solely at Teledyne’s option; and (h) title  to the equipment shall remain with Teledyne at all times.  (2) Winner agrees that Teledyne is not warranting merchantability or fitness for a particular use of the equipment, nor shall Teledyne, under any circumstances, be liable for incidental or consequential damages, but solely for repair at the factory, at no charge to the winner, for repairs required solely due to faulty parts or workmanship.