Organized and Conducted by Six Apart Ltd. ("Organizer")
No Entry Fee. No purchase necessary to enter or win. The Promotion begins on June 1, 2009 (the “Start Date”) and ends on June 25, 2009 (the “End Date”).
I. Eligibility
The “Cisco Acts of Green Badge Design” 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 (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 via email to Organizer
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.
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.
By entering the Promotion, and as a condition of eligibility, Participant agrees that Organizer may, notwithstanding anything to the contrary in any privacy policy that applies to Organizer, transfer the email address provided by Participant in connection with the Submission to Cisco Systems, Inc. and further agrees to receive email newsletters and updates regarding the One Million Acts of Green campaign from Cisco Systems, Inc. at such email address. Participant acknowledges and agrees that Organizer is not responsible for how Cisco Systems, Inc. stores, processes, shares or makes use of such email address.
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, by a judge appointed by Organizer, from all Submissions received by Organizer via email to badgecontest@sixapart.com in each of the four (4) weeks of the Promotion Period, for a total of four (4) Weekly Prize Winners.
Two (2) Weekly Runner-Up Winners will be selected, by a judge appointed by Organizer, from all Submissions received by Organizer via email to badgecontest@sixapart.com in each of the four (4) weeks of the Promotion Period, for a total of eight (8) Weekly Runner-Up Winners.
No Participant may win more than one (1) prize in the Promotion, either as a Weekly Prize Winner or a Weekly Runner-Up Winner.
Each prize winner will be selected, from all Submissions received by Organizer via email to badgecontest@sixapart.com in each of the four (4) weeks of the Promotion Period, through a non-random selection process, in accordance with which the Submissions will be reviewed and evaluated a judge appointed by Organizer using the following criteria:
Composition: 25%
Originality: 50%
Style: 25%
The odds of winning any prize depend on the overall number of eligible Submissions received by Organizer via email to badgecontest@sixapart.com each week and the number of prizes to be awarded.
V. Prizes
There will be a total of twelve (12) prizes awarded through the Promotion, as follows:
http://www.aspca.org/
Wildlife Conservation Society
http://wcs.org/
Starlight Children’s Foundation
http://www.starlight.org/
Easter Seals
http://www.easterseals.com
Greenpeace International
http://www.greenpeace.org/international_en/
The Climate Project
http://www.theclimateproject.org/
Susan G. Komen for the Cure
http://ww5.komen.org/
Leukemia and Lymphoma Society
http://www.lls.org/
Project Open Hand
http://www.openhand.org/
American Heart Association
http://www.americanheart.org/presenter.jhtml?identifier=1200000
Habitat for Humanity International
http://WWW.HABITAT.ORG
Total value of all prizes to be awarded in this Promotion: $2,776.00.
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 e-mail within forty-eight (48) hours of their selection as described above and provided with an Affidavit of Eligibility and a Liability Release and Publicity Consent Form. Notice and the documents will be sent to the email address provided by each winning Participant in connection with his/her Submission. 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 as described above.
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 Six Apart’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; “Cisco Acts of Green Badge Design” 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; “Cisco Acts of Green Badge Design” 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
No Entry Fee. No purchase necessary to enter or win. The Promotion begins on June 1, 2009 (the “Start Date”) and ends on June 25, 2009 (the “End Date”).
I. Eligibility
The “Cisco Acts of Green Badge Design” 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 (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 via email to Organizer
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 a graphic design, each to be submitted to Organizer via email to badgecontest@sixapart.com (each, a “Submission”). A Participant may submit more than one (1) Submissions but no Participant may win more than one (1) prize in the Promotion. All Submissions are subject to the following requirements:
- The deadline for entry of Submissions is the End Date, at 11:59:59 p.m. Pacific Time.
- The Submission must include a positive environmental message.
- The Submission must be in the JPEG file format.
- The Submission must be 160 x 90 pixels in size at a resolution of 72 dpi.
- The maximum file size of the Submission is 500 kilobytes.
- The Submission must be accompanied by an email address at which Organizer can contact Participant regarding the Promotion.
- 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 or contain any worms, viruses, trojans, backdoors, spyware, rootkits, auto-loading code or any other malware.
By entering the Promotion, and as a condition of eligibility, Participant agrees to grant to Organizer and to Cisco Systems, Inc. (collectively, the “Licensees”) 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 each Licensee 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 each Licensee sees fit, to incorporate the Submission into Licensee’s Web properties and any third party Web properties through which Licensee 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.
By entering the Promotion, and as a condition of eligibility, Participant agrees that Organizer may, notwithstanding anything to the contrary in any privacy policy that applies to Organizer, transfer the email address provided by Participant in connection with the Submission to Cisco Systems, Inc. and further agrees to receive email newsletters and updates regarding the One Million Acts of Green campaign from Cisco Systems, Inc. at such email address. Participant acknowledges and agrees that Organizer is not responsible for how Cisco Systems, Inc. stores, processes, shares or makes use of such email address.
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, by a judge appointed by Organizer, from all Submissions received by Organizer via email to badgecontest@sixapart.com in each of the four (4) weeks of the Promotion Period, for a total of four (4) Weekly Prize Winners.
Two (2) Weekly Runner-Up Winners will be selected, by a judge appointed by Organizer, from all Submissions received by Organizer via email to badgecontest@sixapart.com in each of the four (4) weeks of the Promotion Period, for a total of eight (8) Weekly Runner-Up Winners.
No Participant may win more than one (1) prize in the Promotion, either as a Weekly Prize Winner or a Weekly Runner-Up Winner.
Each prize winner will be selected, from all Submissions received by Organizer via email to badgecontest@sixapart.com in each of the four (4) weeks of the Promotion Period, through a non-random selection process, in accordance with which the Submissions will be reviewed and evaluated a judge appointed by Organizer using the following criteria:
Composition: 25%
Originality: 50%
Style: 25%
Selection of each week’s prize winners will be completed as follows:
- Week 1: June 5, 2009
- Week 2: June 12, 2009
- Week 3: June 19, 2009
- Week 4: June 26, 2009
The odds of winning any prize depend on the overall number of eligible Submissions received by Organizer via email to badgecontest@sixapart.com each week and the number of prizes to be awarded.
V. Prizes
There will be a total of twelve (12) prizes awarded through the Promotion, as follows:
Each Weekly Prize Winner’s prize will consist of:
- The winning Submission being featured in the “Everything TypePad” blog hosted on http://www.typepad.com (the “Promotion Site”).
- The winning Submission being displayed through Organizer’s Six Apart Media advertising platform, with a minimum of 317,000 impressions of the winning Submission being delivered.
- Organizer will donate one hundred fifty dollars ($150.00) to one (1) charitable organization chosen by the Weekly Prize Winner from the following list:
http://www.aspca.org/
Wildlife Conservation Society
http://wcs.org/
Starlight Children’s Foundation
http://www.starlight.org/
Easter Seals
http://www.easterseals.com
Greenpeace International
http://www.greenpeace.org/international_en/
The Climate Project
http://www.theclimateproject.org/
Susan G. Komen for the Cure
http://ww5.komen.org/
Leukemia and Lymphoma Society
http://www.lls.org/
Project Open Hand
http://www.openhand.org/
American Heart Association
http://www.americanheart.org/presenter.jhtml?identifier=1200000
Habitat for Humanity International
http://WWW.HABITAT.ORG
The charitable donation will be made in Organizer’s name directly by Organizer to the chosen charitable organization. The amount of the charitable donation will not be included in the Weekly Prize Winner’s prize award nor will the Weekly Prize Winner be entitled to any tax credit or deduction otherwise applicable to charitable deductions by individuals. The Weekly Prize Winner may not direct that the charitable donation be divided amongst the charitable organizations and may not specify any substitute charitable organization in place of one of those pre-selected by Organizer. If a Weekly Prize Winner fails to communicate his or her choice of charitable organization to Organizer within ten (10) days of notification of winning, Organizer reserves the right to make the charitable donation to a charitable organization of Organizer’s choice.
- A one-year subscription to the MailStopper service provided by Tonic, Inc.
Each Weekly Runner-Up Winner’s prize will consist of:
- The winning Participant being identified as a Weekly Runner-Up Winner in the “Everything TypePad” blog hosted on the Promotion Site.
- A one-year subscription to the MailStopper service provided by Tonic, Inc.
Total value of all prizes to be awarded in this Promotion: $2,776.00.
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 e-mail within forty-eight (48) hours of their selection as described above and provided with an Affidavit of Eligibility and a Liability Release and Publicity Consent Form. Notice and the documents will be sent to the email address provided by each winning Participant in connection with his/her Submission. 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 as described above.
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 Six Apart’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; “Cisco Acts of Green Badge Design” 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; “Cisco Acts of Green Badge Design” 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
