Xbox 360 Promotion Rules and Regulations
Official Rules & Regulations
of the “Xbox 360” Promotion
Organized and Conducted by Six Apart Ltd. ("Organizer")
NO ENTRY FEE. NO PURCHASE NECESSARY TO ENTER OR WIN. The Promotion begins on September 3, 2009 (the “Start Date”) and ends on October 26, 2009 (the “End Date”).
I. Eligibility
The “Xbox 360, brought to you by Microsoft” Promotion (the “Promotion”) is open to persons who are legal residents of the United States or its territories (excluding Arizona and Puerto Rico), who have an active e-mail account and Internet access, who are eighteen (18) or older as of the date of entry, and who, under applicable law, can form legally binding contracts and who, at the time they participate in the Promotion, have an active account in good standing for the LiveJournal online service (hereinafter legal participating individuals shall be referred to as "Participant").
The Promotion is not intended or directed to persons under the age of 18. By participating in this Promotion or providing Organizer with any information, Participant represents to Organizer that he/she is 18 years of age or older and that any information he/she provides to Organizer about a third party is for a third party that is 18 years of age or older.
Employees of Organizer, past employees of Organizer, immediate family members of Organizer’s employees, or members of the household of any such employees, or any employees of Organizer’s various affiliates, partners, their parents or subsidiaries, or employees of Organizer’s advertising, promotion, fulfillment or other coordinating agencies, or individuals providing services to Organizer through an outsourcer or temporary employment agency during the Promotion, are not eligible to participate in this Promotion.
By entering this Promotion, Participant agrees to these Official Promotion Rules & Regulations (the “Official Rules”) and the decisions of Organizer, which are final and binding in all respects. This Promotion and any participation therein are void where restricted by federal, state, or local law.
Participant must have access and rights to use equipment and software that meets the technical requirements necessary to register for the Promotion and submit entries at http://www.livejournal.com (the “Promotion Site”) and must have private messaging enabled for their account for the Promotion Site so that Organizer may contact them.
II. Promotion Period
The Promotion begins on the Start Date, at 12:00 a.m. Pacific Time and ends on the End Date, at 11:59:59 p.m. Pacific Time (the “Promotion Period”). Organizer reserves the right to terminate, modify or suspend the Promotion, in whole or in part, in the event of fraud, technical or other difficulties, or if the integrity of the Promotion is compromised, without liability, by giving notice during the Promotion Period; in such case the Promotion will terminate, be modified or be suspended as stated in such notice and the prizes, as defined below, will be awarded based upon judgment of valid entries received at such time.
III. Entry
Participant’s entry to the Promotion will be an answer to a weekly question or quiz posed by the moderator(s) of a participating sponsored community on the Promotion Site on the subject of home entertainment and gaming, each answer to be submitted as a publicly-viewable comment posted to the sponsored community (each, a “Submission”). The sponsored community will conduct seven (7) Weekly Contests and one (1) Grand Prize Campaign over the course of the Promotion Period. Participant may submit only one (1) Submission per week for the Weekly Contest and only one (1) Submission for the Grand Prize Campaign. No Participant may win more than one (1) Weekly Prize and one (1) Grand Prize in the Promotion. All Submissions are subject to the following requirements:
• The deadline for entry of Submissions for each sponsored community’s Weekly Contest for each week of the Promotion Period is as follows:
o Week 1 (September 7, 2009 through and including September 13, 2009): September 13, 2009 at 11:59:59 p.m. Pacific Time
o Week 2 (September 14, 2009 through and including September 20, 2009): September 20, 2009 at 11:59:59 p.m. Pacific Time
o Week 3 (September 21, 2009 through and including September 27, 2009): September 27, 2009 at 11:59:59 p.m. Pacific Time
o Week 4 (September 28, 2009 through and including October 4, 2009): October 4, 2009 at 11:59:59 p.m. Pacific Time
o Week 5 (October 5, 2009 through and including October 11, 2009): October 11, 2009 at 11:59:59 p.m. Pacific Time
o Week 6 (October 12, 2009 through and including October 18, 2009): October 18, 2009 at 11:59:59 p.m. Pacific Time
o Week 7 (October 19, 2009 through and including October 25, 2009): October 25, 2009 at 11:59:59 p.m. Pacific Time
• The deadline for entry of Submissions for each sponsored community’s Grand Prize Campaign is October 25, 2009 at 11:59:59 p.m. Pacific Time.
• The Submission may be in the form of text that is no longer than three hundred fifty (350) words and/or a photo.
• The text of any Submission must be written in English.
• The Submission must be a publicly-viewable comment; no closed or private comments will be accepted.
• The Participant must have private messaging enabled for their account for the Promotion Site so that Organizer may contact them.
• The Submission and each element thereof must be the original work of Participant.
• No Submission may have been a winner or honoree in any previous contest.
• The Submission must not be defamatory, offensive or obscene or violate or infringe on the trademark, copyright, publicity, privacy or other rights of any third party.
By entering the Promotion, and as a condition of eligibility, Participant agrees to grant to Organizer a non-exclusive, irrevocable, worldwide, royalty-free license to any and all intellectual property rights Participant may have relating to Participant’s Submission including but not limited to copyright and moral rights, and a non-exclusive, irrevocable, worldwide, royalty-free license for Organizer to adapt, edit, modify, publish, promote, reproduce, distribute, publicly display and perform and make derivative works of Participant’s Submission in any and all media as Organizer sees fit, to incorporate the Submission into Organizer’s Web properties and any third party Web properties through which Organizer sells and/or delivers advertising and/or makes content available and the right (but not the obligation) to identify Participant as the author of the Submission and to authorize others to do any of the above without any obligation to compensate Participant.
By entering the Promotion, and as a condition of eligibility, Participant represents and warrants that Participant’s Submission and each element thereof is Participant’s original work, that it has not been a winner or honoree in any previous contests, that it is not defamatory, offensive or obscene, that it does not violate or infringe on the trademark, copyright, publicity, privacy or other rights of any third party and that it does not contain any worms, viruses, trojans, backdoors, spyware, rootkits, auto-loading code or any other malware. Participant agrees to indemnify, defend and hold Organizer, its employees, agents and representatives harmless for any losses or expenses arising from claims to the contrary.
Organizer reserves the right to use any technique to verify the accuracy of the information that Participant or any individual or business entity provides when they become a Participant in this Promotion.
By entering the Promotion, and as a condition of eligibility, Participant agrees to receive email from Organizer about this Promotion at the email address provided by Participant in connection with the Submission.
Participant may not enter the Promotion with multiple email and/or multiple identities. Any such actions may lead to disqualification.
No responsibility is assumed for lost, late, incomplete, stolen, misdirected, or illegible Submissions, email, or attempts to enter by email; or for any computer, telephone, cable, network, satellite, electronic or Internet hardware or software malfunctions, failures, connections, availability or garbled or jumbled transmissions, lack of Internet accessibility or availability, or technical failure of any kind, or unauthorized human intervention, or the incorrect or inaccurate capture of entry information, or the failure to capture any such information.
IV. Prize Judging
One (1) Weekly Prize Winner will be selected, from all Weekly Contest Submissions posted to that sponsored community during the week, by the moderator(s) of the sponsored community, in each of the seven (7) weeks of the Promotion Period, for a total of seven (7) Weekly Prize Winners.
A maximum of five (5) Grand Prize Winner finalists will be selected, from all Grand Prize Campaign Submissions posted to the sponsored community, by the moderator(s) of the sponsored community. From the Grand Prize Winner finalists, Organizer will select one (1) Grand Prize Winner.
Each Weekly Prize Winner, Grand Prize Winner finalist and Grand Prize Winner will be selected through a non-random selection process, in accordance with which the Submissions will be reviewed and evaluated using the following criteria:
• Composition: 50%
• Originality: 50%
Selection of each Weekly Prize Winner will be completed as follows:
• Week 1 (September 7, 2009 through and including September 13, 2009): September 14, 2009 at 11:59:59 p.m. Pacific Time
• Week 2 (September 14, 2009 through and including September 20, 2009): September 21, 2009 at 11:59:59 p.m. Pacific Time
• Week 3 (September 21, 2009 through and including September 27, 2009): September 28, 2009 at 11:59:59 p.m. Pacific Time
• Week 4 (September 28, 2009 through and including October 4, 2009): October 5, 2009 at 11:59:59 p.m. Pacific Time
• Week 5 (October 5, 2009 through and including October 11, 2009): October 12, 2009 at 11:59:59 p.m. Pacific Time
• Week 6 (October 12, 2009 through and including October 18, 2009): October 19, 2009 at 11:59:59 p.m. Pacific Time
• Week 7 (October 19, 2009 through and including October 25, 2009): October 25, 2009 at 11:59:59 p.m. Pacific Time
Selection of the Grand Prize Winner will be completed by October 28, 2009.
The decision of the judges in determining the prize winners will be final.
The odds of winning any prize depend on the overall number of eligible Submissions received by Organizer each week, the overall number of eligible Submissions received by Organizer during the Promotion Period and the number of prizes to be awarded.
V. Prizes
There will be a total of seven (7) Weekly Prizes and a total of one (1) Grand Prize awarded in the Promotion, as follows:
Each Weekly Prize Winner’s prize will consist of:
• Week 1 (September 7, 2009 through and including September 13, 2009): One (1) year Xbox LIVE Gold membership, retail value $49.99.
• Week 2 (September 14, 2009 through and including September 20, 2009): Microsoft® Points for the Xbox Live Marketplace, retail value $39.98.
• Week 3 (September 21, 2009 through and including September 27, 2009): Three (3) month GameFly video game rental subscription, retail value $58.85.
• Week 4 (September 28, 2009 through and including October 4, 2009): One (1) Microsoft Xbox 360 wireless controller, retail value $49.99.
• Week 5 (October 5, 2009 through and including October 11, 2009): GameStop gift card, retail value $60.
• Week 6 (October 12, 2009 through and including October 18, 2009): Microsoft® Points for the Xbox Live Marketplace, retail value $39.98.
• Week 7 (October 19, 2009 through and including October 25, 2009): Best Buy gift card, retail value $60.
The Grand Prize Winner’s prize will consist of one (1) Samsung 42" Plasma HDTV, Model PN42B450, retail value $679.99.
Total value of all prizes to be awarded in this Promotion: $ 1,038.78.
Prizes are not transferable, refundable or substitutable except by Organizer with one of equal or greater value. Prizes are not redeemable for cash. Organizer will not replace any lost or stolen prizes.
Each prize winner is solely responsible for any and all federal, state, provincial and local taxes, if any, that apply to any prize that he/she wins and acknowledges that Organizer is required to report to the Internal Revenue Service the value of any prize or prizes awarded to any individual in a single tax year with a retail value of six hundred dollars ($600) or more.
VI. Notification of Winning
The winning Participants will be notified by private messaging enabled for their account for the Promotion Site within seventy-two (72) hours of their selection as described above and required to provide Organizer with an email address to which Organizer can send an Affidavit of Eligibility and a Liability Release and Publicity Consent Form. Organizer is not liable for any incorrect information contained in any Participant’s Submission or for any Participant’s failure to update or keep current any contact information.
In the event of a dispute as to the identity of a winning Participant based on an e-mail address, the winner will be declared by the authorized account holder of the e-mail address submitted in connection with the winning Submission, so long as such winner meets all of the requirements of these Official Rules. “Authorized account holder” is defined as the natural person or business entity that is assigned to an e-mail address by an Internet access provider, on-line service provider, or other organization that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address.
General notification regarding the winning Participants shall be posted on the Promotion Site no later than October 29, 2009.
VII. General Conditions
In order to receive any prize, a winning Participant must, within five (5) days after the notification to winning Participants is sent by Organizer, return to Organizer the completed, executed and notarized Affidavit of Eligibility and completed and executed Liability Release and Publicity Consent Form.
Any winning Participant’s failure to return timely and complete documents, or if the prize notification or the prize is returned as non-deliverable, may result in disqualification and forfeiture of the prize, with an alternate winner selected from the remaining, valid, eligible Submissions. Any winning Participant may also be disqualified if found not to be in compliance with these Official Rules or otherwise ineligible. Disqualification and choosing an alternate winner or winners is in Organizer’s sole discretion.
In its sole discretion, Organizer reserves the unilateral right to disqualify any person it finds to be tampering with the Promotion, the Promotion Site, any related Organizer Web site, these Official Rules or any of the other policies mentioned or referenced herein.
If Organizer suspects that any Participant may have engaged in fraudulent activity in any manner related to this Promotion, Organizer may suspend or terminate the Participant’s right to take part in this Promotion. Any use of programmed, automatic, macro or like methods in either completing or assisting to send Submissions is prohibited and any Participant using any such methods shall be disqualified.
The incorrect or inaccurate capture of information or the failure to capture such information, whether caused by any Participant or any third party or by any equipment, programming, product, good or service used in association with the Promotion, is not Organizer’s responsibility. Organizer is not responsible for injury or damage to Participant's computer (or any other computer that he/she may use) related to or resulting from participation in the Promotion in any manner.
In the event that any provision of this Agreement shall, in whole or in part, be determined by a court of competent jurisdiction to be invalid, unenforceable, or void for any reason, such determination shall not affect in any way the remainder of any other provision of this Agreement. This Agreement constitutes the entire agreement between the parties with regard to the subject matter hereof and supersedes all understandings and agreements, whether written or oral, as to such subject matter.
Any waiver by the Organizer shall not constitute a waiver or any other or subsequent default or breach, and Organizer’s failure to act with respect to a breach by any Participant does not constitute a waiver of Organizer’s right to act with respect to subsequent or similar breaches.
ORGANIZER, ITS PARENTS, AFFILIATES, SUBSIDIARIES AND RELATED COMPANIES, ITS ADVERTISING AND PROMOTION CLIENTS, ITS ADVERTISING AND PROMOTION AGENCIES, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, RESPRESENTATIVES, ATTORNEYS OR AGENTS ("RELEASED PARTIES") IN NO EVENT SHALL BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, COMPENSATORY, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE ARISING OUT OF PARTICIPANT'S ACTIVITIES THAT ARE IN ANY MANNER RELATED TO THIS PROMOTION, ACCESS OR USE OF ANY WEB SITE MAINTAINED BY OR FOR ORGANIZER OR THE DOWNLOADING OF ANY MATERIAL. WITHOUT LIMITING THE FOREGOING, EVERYTHING RELATED TO THIS PROMOTION AND ANY WEB SITE MAINTAINED BY OF FOR ORGANIZER IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIONAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO EVERY PARTICIPANT. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors, and permitted assigns. This Agreement may be assigned in whole or in part, without consent, by Organizer to any person, partnership, corporation, or any other entity that succeeds to Organizer’s business or which has purchased all or substantially all of the Organizer’s assets. Participant may not assign its rights or delegate its obligations under the Agreement, and any such attempted assignment or delegation shall be void and of no effect.
By entering, each Participant agrees that Organizer shall not be responsible for any of the following: (a) typographical or other errors in the printing of the offer, administration of the Promotion or in the announcement of any prize or the winner; (b) computer system, phone line, hardware, software or program malfunctions, or other errors, failures or delays in computer transmissions or network connections that are human or technical in nature; (c) incorrect or inaccurate entry/transaction information whether caused by Internet users or by any of the equipment or programming associated with or utilized in the Promotion or by any technical or human error which may occur in the transmission, receipt or processing of the entries/transactions; (d) lost, late, damaged, misdirected or incomplete entries/transactions, or for entries/transactions submitted in a manner that is not specified in these rules; (e) any injury or damage to a Participant's or any other person's computer related to or resulting from participating in this Promotion.
CAUTION: ANY ATTEMPT BY A PARTICIPANT TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS PROMOTION MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, ORGANIZER RESERVES THE RIGHT TO DISQUALIFY SUCH PARTICIPANT AND TO SEEK DAMAGES FROM SUCH PARTICIPANT TO THE FULLEST EXTENT PERMITTED BY LAW.
VIII. Governing Law; Arbitration
These Official Rules shall be governed by and interpreted in accordance with the laws of the State of California (without reference to its choice of law principles), which shall take priority over any foreign laws, rules and regulations.
Except where prohibited, as a condition of participating in the Promotion, Participant agrees that any and all disputes which cannot be resolved between the parties, claims and causes of action arising out of or connected with this Promotion, or any prizes awarded, or the determination of any prize winner shall be resolved individually, without resort to any form of class action, and exclusively by arbitration pursuant to the commercial arbitration rules of Judicial Arbitration and Mediation Services, Inc., then effective, in San Francisco, California. Further, in any such dispute, claim or cause of action, under no circumstances will Participant be permitted to obtain awards for, and hereby waives all rights to claim indirect, punitive, incidental, or consequential damages, or any other damages, including attorneys’ fees, other than Participant’s actual out-of-pocket expenses (i.e., costs associated with entering this Promotion), and Participant further waives all rights to have damages multiplied or increased.
IX. Restricted Activities
Participant shall comply with all applicable domestic and international laws, statutes, ordinances, and regulations (including, but not limited to, exporting or importing goods, consumer protection or unfair competition) regarding the use of Organizer’s service and participation in this Promotion.
X. Personal Information
Organizer may collect personal data about Participant online, in accordance with Organizer’s Privacy Policy and as may be more specifically set forth in these Official Rules. Please review Organizer’s Privacy Policy at http://www.sixapart.com/privacy. By participating in the Promotion, Participant hereby agrees to Organizer’s collection and use of his/her personal information and acknowledges that he/she has read and accepted these Official Rules and Organizer’s Privacy Policy.
XI. Percentage of Winners in Most Recent Promotion; List of Promotion Winner(s); Copy of Official Rules
For a statement of the actual number of entrants and the percentage of resulting winner(s) in Organizer’s most recent promotion, mail a self-addressed stamped envelope to:
Attn: Percentage of Past Winners
Six Apart Ltd.
548 4th Street
San Francisco, California 94107
For a list of the Promotion winner(s) and their associated prize(s) and a copy of the winning Submission(s), mail a self-addressed stamped envelope to:
Attn: Winners List; “Xbox 360” Promotion
Six Apart Ltd.
548 4th Street
San Francisco, California 94107
For a copy of these Official Rules, mail a self-addressed stamped envelope to:
Attn: Official Rules; “Xbox 360” Promotion
Six Apart Ltd.
548 4th Street
San Francisco, California 94107
XII. Organizer’s Address
Six Apart Ltd.
548 4th Street
San Francisco, California 94107
of the “Xbox 360” Promotion
Organized and Conducted by Six Apart Ltd. ("Organizer")
NO ENTRY FEE. NO PURCHASE NECESSARY TO ENTER OR WIN. The Promotion begins on September 3, 2009 (the “Start Date”) and ends on October 26, 2009 (the “End Date”).
I. Eligibility
The “Xbox 360, brought to you by Microsoft” Promotion (the “Promotion”) is open to persons who are legal residents of the United States or its territories (excluding Arizona and Puerto Rico), who have an active e-mail account and Internet access, who are eighteen (18) or older as of the date of entry, and who, under applicable law, can form legally binding contracts and who, at the time they participate in the Promotion, have an active account in good standing for the LiveJournal online service (hereinafter legal participating individuals shall be referred to as "Participant").
The Promotion is not intended or directed to persons under the age of 18. By participating in this Promotion or providing Organizer with any information, Participant represents to Organizer that he/she is 18 years of age or older and that any information he/she provides to Organizer about a third party is for a third party that is 18 years of age or older.
Employees of Organizer, past employees of Organizer, immediate family members of Organizer’s employees, or members of the household of any such employees, or any employees of Organizer’s various affiliates, partners, their parents or subsidiaries, or employees of Organizer’s advertising, promotion, fulfillment or other coordinating agencies, or individuals providing services to Organizer through an outsourcer or temporary employment agency during the Promotion, are not eligible to participate in this Promotion.
By entering this Promotion, Participant agrees to these Official Promotion Rules & Regulations (the “Official Rules”) and the decisions of Organizer, which are final and binding in all respects. This Promotion and any participation therein are void where restricted by federal, state, or local law.
Participant must have access and rights to use equipment and software that meets the technical requirements necessary to register for the Promotion and submit entries at http://www.livejournal.com (the “Promotion Site”) and must have private messaging enabled for their account for the Promotion Site so that Organizer may contact them.
II. Promotion Period
The Promotion begins on the Start Date, at 12:00 a.m. Pacific Time and ends on the End Date, at 11:59:59 p.m. Pacific Time (the “Promotion Period”). Organizer reserves the right to terminate, modify or suspend the Promotion, in whole or in part, in the event of fraud, technical or other difficulties, or if the integrity of the Promotion is compromised, without liability, by giving notice during the Promotion Period; in such case the Promotion will terminate, be modified or be suspended as stated in such notice and the prizes, as defined below, will be awarded based upon judgment of valid entries received at such time.
III. Entry
Participant’s entry to the Promotion will be an answer to a weekly question or quiz posed by the moderator(s) of a participating sponsored community on the Promotion Site on the subject of home entertainment and gaming, each answer to be submitted as a publicly-viewable comment posted to the sponsored community (each, a “Submission”). The sponsored community will conduct seven (7) Weekly Contests and one (1) Grand Prize Campaign over the course of the Promotion Period. Participant may submit only one (1) Submission per week for the Weekly Contest and only one (1) Submission for the Grand Prize Campaign. No Participant may win more than one (1) Weekly Prize and one (1) Grand Prize in the Promotion. All Submissions are subject to the following requirements:
• The deadline for entry of Submissions for each sponsored community’s Weekly Contest for each week of the Promotion Period is as follows:
o Week 1 (September 7, 2009 through and including September 13, 2009): September 13, 2009 at 11:59:59 p.m. Pacific Time
o Week 2 (September 14, 2009 through and including September 20, 2009): September 20, 2009 at 11:59:59 p.m. Pacific Time
o Week 3 (September 21, 2009 through and including September 27, 2009): September 27, 2009 at 11:59:59 p.m. Pacific Time
o Week 4 (September 28, 2009 through and including October 4, 2009): October 4, 2009 at 11:59:59 p.m. Pacific Time
o Week 5 (October 5, 2009 through and including October 11, 2009): October 11, 2009 at 11:59:59 p.m. Pacific Time
o Week 6 (October 12, 2009 through and including October 18, 2009): October 18, 2009 at 11:59:59 p.m. Pacific Time
o Week 7 (October 19, 2009 through and including October 25, 2009): October 25, 2009 at 11:59:59 p.m. Pacific Time
• The deadline for entry of Submissions for each sponsored community’s Grand Prize Campaign is October 25, 2009 at 11:59:59 p.m. Pacific Time.
• The Submission may be in the form of text that is no longer than three hundred fifty (350) words and/or a photo.
• The text of any Submission must be written in English.
• The Submission must be a publicly-viewable comment; no closed or private comments will be accepted.
• The Participant must have private messaging enabled for their account for the Promotion Site so that Organizer may contact them.
• The Submission and each element thereof must be the original work of Participant.
• No Submission may have been a winner or honoree in any previous contest.
• The Submission must not be defamatory, offensive or obscene or violate or infringe on the trademark, copyright, publicity, privacy or other rights of any third party.
By entering the Promotion, and as a condition of eligibility, Participant agrees to grant to Organizer a non-exclusive, irrevocable, worldwide, royalty-free license to any and all intellectual property rights Participant may have relating to Participant’s Submission including but not limited to copyright and moral rights, and a non-exclusive, irrevocable, worldwide, royalty-free license for Organizer to adapt, edit, modify, publish, promote, reproduce, distribute, publicly display and perform and make derivative works of Participant’s Submission in any and all media as Organizer sees fit, to incorporate the Submission into Organizer’s Web properties and any third party Web properties through which Organizer sells and/or delivers advertising and/or makes content available and the right (but not the obligation) to identify Participant as the author of the Submission and to authorize others to do any of the above without any obligation to compensate Participant.
By entering the Promotion, and as a condition of eligibility, Participant represents and warrants that Participant’s Submission and each element thereof is Participant’s original work, that it has not been a winner or honoree in any previous contests, that it is not defamatory, offensive or obscene, that it does not violate or infringe on the trademark, copyright, publicity, privacy or other rights of any third party and that it does not contain any worms, viruses, trojans, backdoors, spyware, rootkits, auto-loading code or any other malware. Participant agrees to indemnify, defend and hold Organizer, its employees, agents and representatives harmless for any losses or expenses arising from claims to the contrary.
Organizer reserves the right to use any technique to verify the accuracy of the information that Participant or any individual or business entity provides when they become a Participant in this Promotion.
By entering the Promotion, and as a condition of eligibility, Participant agrees to receive email from Organizer about this Promotion at the email address provided by Participant in connection with the Submission.
Participant may not enter the Promotion with multiple email and/or multiple identities. Any such actions may lead to disqualification.
No responsibility is assumed for lost, late, incomplete, stolen, misdirected, or illegible Submissions, email, or attempts to enter by email; or for any computer, telephone, cable, network, satellite, electronic or Internet hardware or software malfunctions, failures, connections, availability or garbled or jumbled transmissions, lack of Internet accessibility or availability, or technical failure of any kind, or unauthorized human intervention, or the incorrect or inaccurate capture of entry information, or the failure to capture any such information.
IV. Prize Judging
One (1) Weekly Prize Winner will be selected, from all Weekly Contest Submissions posted to that sponsored community during the week, by the moderator(s) of the sponsored community, in each of the seven (7) weeks of the Promotion Period, for a total of seven (7) Weekly Prize Winners.
A maximum of five (5) Grand Prize Winner finalists will be selected, from all Grand Prize Campaign Submissions posted to the sponsored community, by the moderator(s) of the sponsored community. From the Grand Prize Winner finalists, Organizer will select one (1) Grand Prize Winner.
Each Weekly Prize Winner, Grand Prize Winner finalist and Grand Prize Winner will be selected through a non-random selection process, in accordance with which the Submissions will be reviewed and evaluated using the following criteria:
• Composition: 50%
• Originality: 50%
Selection of each Weekly Prize Winner will be completed as follows:
• Week 1 (September 7, 2009 through and including September 13, 2009): September 14, 2009 at 11:59:59 p.m. Pacific Time
• Week 2 (September 14, 2009 through and including September 20, 2009): September 21, 2009 at 11:59:59 p.m. Pacific Time
• Week 3 (September 21, 2009 through and including September 27, 2009): September 28, 2009 at 11:59:59 p.m. Pacific Time
• Week 4 (September 28, 2009 through and including October 4, 2009): October 5, 2009 at 11:59:59 p.m. Pacific Time
• Week 5 (October 5, 2009 through and including October 11, 2009): October 12, 2009 at 11:59:59 p.m. Pacific Time
• Week 6 (October 12, 2009 through and including October 18, 2009): October 19, 2009 at 11:59:59 p.m. Pacific Time
• Week 7 (October 19, 2009 through and including October 25, 2009): October 25, 2009 at 11:59:59 p.m. Pacific Time
Selection of the Grand Prize Winner will be completed by October 28, 2009.
The decision of the judges in determining the prize winners will be final.
The odds of winning any prize depend on the overall number of eligible Submissions received by Organizer each week, the overall number of eligible Submissions received by Organizer during the Promotion Period and the number of prizes to be awarded.
V. Prizes
There will be a total of seven (7) Weekly Prizes and a total of one (1) Grand Prize awarded in the Promotion, as follows:
Each Weekly Prize Winner’s prize will consist of:
• Week 1 (September 7, 2009 through and including September 13, 2009): One (1) year Xbox LIVE Gold membership, retail value $49.99.
• Week 2 (September 14, 2009 through and including September 20, 2009): Microsoft® Points for the Xbox Live Marketplace, retail value $39.98.
• Week 3 (September 21, 2009 through and including September 27, 2009): Three (3) month GameFly video game rental subscription, retail value $58.85.
• Week 4 (September 28, 2009 through and including October 4, 2009): One (1) Microsoft Xbox 360 wireless controller, retail value $49.99.
• Week 5 (October 5, 2009 through and including October 11, 2009): GameStop gift card, retail value $60.
• Week 6 (October 12, 2009 through and including October 18, 2009): Microsoft® Points for the Xbox Live Marketplace, retail value $39.98.
• Week 7 (October 19, 2009 through and including October 25, 2009): Best Buy gift card, retail value $60.
The Grand Prize Winner’s prize will consist of one (1) Samsung 42" Plasma HDTV, Model PN42B450, retail value $679.99.
Total value of all prizes to be awarded in this Promotion: $ 1,038.78.
Prizes are not transferable, refundable or substitutable except by Organizer with one of equal or greater value. Prizes are not redeemable for cash. Organizer will not replace any lost or stolen prizes.
Each prize winner is solely responsible for any and all federal, state, provincial and local taxes, if any, that apply to any prize that he/she wins and acknowledges that Organizer is required to report to the Internal Revenue Service the value of any prize or prizes awarded to any individual in a single tax year with a retail value of six hundred dollars ($600) or more.
VI. Notification of Winning
The winning Participants will be notified by private messaging enabled for their account for the Promotion Site within seventy-two (72) hours of their selection as described above and required to provide Organizer with an email address to which Organizer can send an Affidavit of Eligibility and a Liability Release and Publicity Consent Form. Organizer is not liable for any incorrect information contained in any Participant’s Submission or for any Participant’s failure to update or keep current any contact information.
In the event of a dispute as to the identity of a winning Participant based on an e-mail address, the winner will be declared by the authorized account holder of the e-mail address submitted in connection with the winning Submission, so long as such winner meets all of the requirements of these Official Rules. “Authorized account holder” is defined as the natural person or business entity that is assigned to an e-mail address by an Internet access provider, on-line service provider, or other organization that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address.
General notification regarding the winning Participants shall be posted on the Promotion Site no later than October 29, 2009.
VII. General Conditions
In order to receive any prize, a winning Participant must, within five (5) days after the notification to winning Participants is sent by Organizer, return to Organizer the completed, executed and notarized Affidavit of Eligibility and completed and executed Liability Release and Publicity Consent Form.
Any winning Participant’s failure to return timely and complete documents, or if the prize notification or the prize is returned as non-deliverable, may result in disqualification and forfeiture of the prize, with an alternate winner selected from the remaining, valid, eligible Submissions. Any winning Participant may also be disqualified if found not to be in compliance with these Official Rules or otherwise ineligible. Disqualification and choosing an alternate winner or winners is in Organizer’s sole discretion.
In its sole discretion, Organizer reserves the unilateral right to disqualify any person it finds to be tampering with the Promotion, the Promotion Site, any related Organizer Web site, these Official Rules or any of the other policies mentioned or referenced herein.
If Organizer suspects that any Participant may have engaged in fraudulent activity in any manner related to this Promotion, Organizer may suspend or terminate the Participant’s right to take part in this Promotion. Any use of programmed, automatic, macro or like methods in either completing or assisting to send Submissions is prohibited and any Participant using any such methods shall be disqualified.
The incorrect or inaccurate capture of information or the failure to capture such information, whether caused by any Participant or any third party or by any equipment, programming, product, good or service used in association with the Promotion, is not Organizer’s responsibility. Organizer is not responsible for injury or damage to Participant's computer (or any other computer that he/she may use) related to or resulting from participation in the Promotion in any manner.
In the event that any provision of this Agreement shall, in whole or in part, be determined by a court of competent jurisdiction to be invalid, unenforceable, or void for any reason, such determination shall not affect in any way the remainder of any other provision of this Agreement. This Agreement constitutes the entire agreement between the parties with regard to the subject matter hereof and supersedes all understandings and agreements, whether written or oral, as to such subject matter.
Any waiver by the Organizer shall not constitute a waiver or any other or subsequent default or breach, and Organizer’s failure to act with respect to a breach by any Participant does not constitute a waiver of Organizer’s right to act with respect to subsequent or similar breaches.
ORGANIZER, ITS PARENTS, AFFILIATES, SUBSIDIARIES AND RELATED COMPANIES, ITS ADVERTISING AND PROMOTION CLIENTS, ITS ADVERTISING AND PROMOTION AGENCIES, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, RESPRESENTATIVES, ATTORNEYS OR AGENTS ("RELEASED PARTIES") IN NO EVENT SHALL BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, COMPENSATORY, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE ARISING OUT OF PARTICIPANT'S ACTIVITIES THAT ARE IN ANY MANNER RELATED TO THIS PROMOTION, ACCESS OR USE OF ANY WEB SITE MAINTAINED BY OR FOR ORGANIZER OR THE DOWNLOADING OF ANY MATERIAL. WITHOUT LIMITING THE FOREGOING, EVERYTHING RELATED TO THIS PROMOTION AND ANY WEB SITE MAINTAINED BY OF FOR ORGANIZER IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIONAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO EVERY PARTICIPANT. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors, and permitted assigns. This Agreement may be assigned in whole or in part, without consent, by Organizer to any person, partnership, corporation, or any other entity that succeeds to Organizer’s business or which has purchased all or substantially all of the Organizer’s assets. Participant may not assign its rights or delegate its obligations under the Agreement, and any such attempted assignment or delegation shall be void and of no effect.
By entering, each Participant agrees that Organizer shall not be responsible for any of the following: (a) typographical or other errors in the printing of the offer, administration of the Promotion or in the announcement of any prize or the winner; (b) computer system, phone line, hardware, software or program malfunctions, or other errors, failures or delays in computer transmissions or network connections that are human or technical in nature; (c) incorrect or inaccurate entry/transaction information whether caused by Internet users or by any of the equipment or programming associated with or utilized in the Promotion or by any technical or human error which may occur in the transmission, receipt or processing of the entries/transactions; (d) lost, late, damaged, misdirected or incomplete entries/transactions, or for entries/transactions submitted in a manner that is not specified in these rules; (e) any injury or damage to a Participant's or any other person's computer related to or resulting from participating in this Promotion.
CAUTION: ANY ATTEMPT BY A PARTICIPANT TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS PROMOTION MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, ORGANIZER RESERVES THE RIGHT TO DISQUALIFY SUCH PARTICIPANT AND TO SEEK DAMAGES FROM SUCH PARTICIPANT TO THE FULLEST EXTENT PERMITTED BY LAW.
VIII. Governing Law; Arbitration
These Official Rules shall be governed by and interpreted in accordance with the laws of the State of California (without reference to its choice of law principles), which shall take priority over any foreign laws, rules and regulations.
Except where prohibited, as a condition of participating in the Promotion, Participant agrees that any and all disputes which cannot be resolved between the parties, claims and causes of action arising out of or connected with this Promotion, or any prizes awarded, or the determination of any prize winner shall be resolved individually, without resort to any form of class action, and exclusively by arbitration pursuant to the commercial arbitration rules of Judicial Arbitration and Mediation Services, Inc., then effective, in San Francisco, California. Further, in any such dispute, claim or cause of action, under no circumstances will Participant be permitted to obtain awards for, and hereby waives all rights to claim indirect, punitive, incidental, or consequential damages, or any other damages, including attorneys’ fees, other than Participant’s actual out-of-pocket expenses (i.e., costs associated with entering this Promotion), and Participant further waives all rights to have damages multiplied or increased.
IX. Restricted Activities
Participant shall comply with all applicable domestic and international laws, statutes, ordinances, and regulations (including, but not limited to, exporting or importing goods, consumer protection or unfair competition) regarding the use of Organizer’s service and participation in this Promotion.
X. Personal Information
Organizer may collect personal data about Participant online, in accordance with Organizer’s Privacy Policy and as may be more specifically set forth in these Official Rules. Please review Organizer’s Privacy Policy at http://www.sixapart.com/privacy. By participating in the Promotion, Participant hereby agrees to Organizer’s collection and use of his/her personal information and acknowledges that he/she has read and accepted these Official Rules and Organizer’s Privacy Policy.
XI. Percentage of Winners in Most Recent Promotion; List of Promotion Winner(s); Copy of Official Rules
For a statement of the actual number of entrants and the percentage of resulting winner(s) in Organizer’s most recent promotion, mail a self-addressed stamped envelope to:
Attn: Percentage of Past Winners
Six Apart Ltd.
548 4th Street
San Francisco, California 94107
For a list of the Promotion winner(s) and their associated prize(s) and a copy of the winning Submission(s), mail a self-addressed stamped envelope to:
Attn: Winners List; “Xbox 360” Promotion
Six Apart Ltd.
548 4th Street
San Francisco, California 94107
For a copy of these Official Rules, mail a self-addressed stamped envelope to:
Attn: Official Rules; “Xbox 360” Promotion
Six Apart Ltd.
548 4th Street
San Francisco, California 94107
XII. Organizer’s Address
Six Apart Ltd.
548 4th Street
San Francisco, California 94107