Flip for Your Community HD Video Camera Give-Away
Official Rules
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Definitions
'"Entry" means a design created by the Entrant for this Contest. '"Entrant" means the individual or group of individuals that offers the Entry under the terms of this Contest. '"Sponsor" means the GoHuman, LLC, located at 3580 W Belden Ave, Suite 3, Chicago, IL 60647. '"Contest Site" means http://GoHuman.com/launch Eligibility & Acceptance The Contest is open to those who are 18 years of age or older at the time the Contest commences. The Contest is subject to all federal, state and local laws and regulations. Void outside of the United States, and where prohibited by law. Participation constitutes the Entrant's full and unconditional agreement to and acceptance of these Rules. By participating in the Contest, the Entrant is representing and warranting that he/she has read and understood, and agrees to be bound by, these Rules. Including the guides and rules referred to herein, these Rules constitute the entire agreement between the Entrant and the Sponsor in relation to the Contest. They govern the Entrant's participation and supersede any prior or other agreements between the Entrant and the Sponsor and relating to the Contest. Submission Criteria Entrants represent and warrant that (i) the information that they submit: are their own original creations and do not infringe any other person's or entity's rights; (ii) they have obtained permission, if applicable, from the people featured in the content to enter this Contest; and (iii) the submission of the idea will not violate any enforceable agreements or understandings submitter has with any third party. Submissions must be made in English or subtitled in English. You must also provide your email address, mailing address, and phone number when you submit an entry. By entering the Contest you grant the Sponsors the right to contact you regarding your entry, publicize your entry, promote your entry for any other purpose related to the Contest and/or broadcast your entry. Timeline overview September 6. 2009: Contest opens for submissions Last day of each month through February 2010: Submissions close Winners will be selected and notified monthly Confirmation of Referrals GoHuman.com will make reasonable efforts to identify and track referrals, but contestants bear full responsibility for informing GoHuman.com of referrals by emailing the posting URL, from a valid posting of a valid referral, to Refer@GoHuman.com, at least 48 hours before the monthly drawing time. In case of doubt or dispute, GoHuman.com may require evidence to credit a contestant with a valid referral. Validation of referrals occurring after the deadline will be entered into the subsequent drawing, except for the drawing deadline. Please send any questions or concerns on referral crediting to Refer@GoHuman.com. Prize information One winner will be selected randomly each month based on his or her GoHuman.com activity for the preceding month. Completing Steps 1 and 2 above will count as an entry. Limit one HD Flip camera per person. Each month's winner will be announced at GoHuman.com/launch once confirmed. Winners will be contacted using the email and phone information on their GoHuman.com accounts, so this must be accurate. In order to claim your prize, you need to respond to the congratulations email within 72 hours. If we do not hear from you within 72 hours, we will choose another entrant. Please make sure you can receive emails from "GoHuman.com." We will need the following from you to confirm your win:
Intellectual Property Be aware that your Entry may not be acknowledged and will not be received or held '"in confidence" and your Entry does not create a confidential, fiduciary or other special relationship between Entrant (and those who may appear on his/her Entry) and Sponsor or any of its respective affiliates or any of their respective licensees, successors or assigns or place Sponsor or any of its respective affiliates, licensees, successors or assigns in a position that is any different from the position held by members of the general public with regard to elements of your Entry. By submitting Entry, Entrant acknowledges and agrees that Sponsor or any of its respective affiliates or any of their respective licensees, successors or assigns may create their own materials and/or obtain many Entries under this Contest Site and that such Entry may be similar or identical in theme, idea, plot, format or other respects to your Entry and you waive any and all claims you may have had, may have, and/or may have in the future that any other Entry accepted, reviewed and/or used by the Contest Site or Sponsor, any of its respective affiliates or any of their respective licensees, successors or assigns may be similar to your Entry. Entrant acknowledges and agrees that neither Sponsor nor any of its licensees, successors or assigns has now, or shall have in the future, any duty or liability, direct or indirect, vicarious, contributory or otherwise, with respect to the infringement or protection of any copyright in and to your Entry, and that Sponsor, and its respective licensees, successors or assigns are not responsible for the loss, deletion, failure to store or misdelivery of any Entry submitted to or transmitted through the Contest Site. Authorization to use winner's name, likeness, design, etc. Accepting the prize constitutes permission for the Sponsor to make public and otherwise use winner's name, voice, picture, likeness, opinions, biographical information, city and country of residence, and submitted work without further compensation in any media now known or hereafter developed for promotional and/or publicity purposes, unless prohibited by law. Each winner also agrees to participate in and cooperate with any promotional activity and/or publicity relating to the contest as the Sponsor shall reasonably request from time to time. Limitation of Liability/Disclaimer of Warranties/Indemnities By participating in the Contest, the Entrant agrees to be bound by these Rules, including all eligibility requirements and all decisions of the Sponsor. By participating in the Contest, the Entrant agrees to indemnify, defend, and hold harmless the Sponsor and its officers, directors, employees, agents, affiliates, contractors, contributors, subsidiaries, licensors, distributors, and parent (collectively, '"Released Parties") from any and all liability, claims, losses, costs and expenses (including attorneys' fees) or actions of any kind, including, without limitation, property damage, personal injury, and/or death, arising out of his/her (i) breach of any representation, warranty or covenant contained in these Rules; or (ii) participation in the Contest; (iii) acceptance and/or use or misuse of any prize in connection with the Contest; or (iv) any third party claim relating to any rights in any design submitted. BY PARTICIPATING IN THE CONTEST, THE ENTRANT AGREES THAT THE SPONSOR ENTITIES MAKE NO WARRANTY, REPRESENTATION, OR GUARANTEE OF ANY KIND, EXPRESSED OR IMPLIED, IN FACT OR IN LAW, RELATING TO THE CONTEST AND/OR THE PRIZES. By participating in the Contest, the Entrant agrees that the Sponsor and Released Parties are not responsible, and will in no event be held liable, for any: (a) lost, late, illegible, misdirected, damaged, incomplete, corrupted or garbled entries; (b) telephone, computer, or network malfunction or error; (c) communication disruption or other disruptions related to Internet traffic, virus, bug, worm, or non-authorized intervention; or (d) damage caused by a computer virus or otherwise resulting to any computer from Entrant's participation in, or accessing or downloading or uploading information in connection with this promotion. If such malfunction, error, disruption, or damage occurs or impairs the administration, security, fairness, or integrity of the Contest, the Sponsor may, in its sole discretion, suspend, modify or terminate the Contest by posting a notice on the Contest Site. If the Contest is terminated before the scheduled end of the Contest Period, the Sponsor will determine the winner from all eligible entries received as of the termination date. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAW. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW. Persons found tampering with or abusing any aspect of the Contest, or whom the Sponsor believes to be causing or attempting or intending to cause any malfunction, error, disruption, or damage will be disqualified. The Sponsor reserves the right to disqualify any unauthorized entries, including, without limitation, or any entries made through robotic, automatic, mechanical, programmed or similar multiple-entry, or entry duplication, method and to disqualify any person or entity using such a method. NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, AND ONLY TO THE MAXIMUM EXTENT PERMISSIBLE BY THE APPLICABLE LAW, BY PARTICIPATING IN THE CONTEST, THE ENTRANT AGREES THAT IN NO EVENT WILL THE SPONSOR OR ANY RELEASED PARTY BE LIABLE TO ENTRANTS OR ANY OTHER PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, REGARDLESS OF THE BASIS OR NATURE OF THE CLAIM, RELATING IN ANY MANNER TO THESE OFFICIAL RULES, THE CONTEST OR THE ENTRANT'S PARTICIPATION THEREIN, EVEN IF THE SPONSOR OR A RELEASED PARTY WERE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ALSO NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, BY PARTICIPATING IN THE CONTEST, THE ENTRANT FURTHER AGREES THAT IN NO EVENT WILL THE LIABILITY OF THE SPONSOR OR ANY RELEASED PARTY RELATING IN ANY MANNER TO THESE OFFICIAL RULES, THE CONTEST OR THE ENTRANT'S PARTICIPATION THEREIN EXCEED THE GREATER OF US$1,000 OR ANY OTHER AMOUNTS PAID BY THE ENTRANT TO ENTER INTO THE CONTEST. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO THE ENTRANT. IN THE EVENT THAT THE PRECEDING RELEASE IS DETERMINED BY A COURT OF COMPETENT JURISDICTION TO BE INVALID OR VOID FOR ANY REASON, THE ENTRANT AGREES THAT, BY ENTERING THE CONTEST, (I) ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OR ACTION ARISING OUT OF OR IN CONNECTION WITH THE CONTEST, OR ANY PRIZES AWARDED, SHALL BE RESOLVED INDIVIDUALLY WITHOUT RESORT TO ANY FORM OF CLASS ACTION; AND (II) ANY CLAIMS, JUDGEMENTS AND AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS INCURRED, INCLUDING COSTS ASSOCIATED WITH ENTERING THE CONTEST, BUT IN NO EVENT ATTORNEY'S FEES. For the avoidance of doubt, to the extent that law applies, nothing in these Rules shall limit or exclude either party's liability for fraud, or for death or personal injury caused by its negligence, or any other liability to the extent such liability cannot be excluded or limited as a matter of law. Privacy Except as otherwise stated herein or as otherwise agreed by the Entrant and the Sponsor, the information communicated by the Entrant in connection with Entry to the Contest will be used for the purposes relating to this Contest, and will not be communicated to third-parties without prior permission. Please refer to our Privacy Policy for further details. Trademark information The name GoHuman is protected under copyright law. Any use of those or any other Sponsor trade mark, service mark, trade name or logo must comply with the GoHuman Policies. Jurisdiction/Governing Law Interpretation. In the case of any dispute about the interpretation of the Rules, Sponsor's decision as to the interpretation shall be final and Entrant shall be bound by Sponsor's decision. Governing Law. The interpretation and enforcement of these Rules will be governed by the laws of the State of Illinois, USA. The Entrant and the Sponsor agree to the extent permitted by law to submit all disputes arising out of or relating to these Rules or the Contest to, and hereby waive any objection to the exclusive jurisdiction and venue of, the state and federal courts located in Cook County, Illinois. Subject to Section 5 above, if necessary any provision of these Rules that is found to be invalid by a court of competent jurisdiction shall be deemed to be struck out from these Rules. |