"BOING BOING 'CHIPTUNE' CHALLENGE"
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS CONTEST. A purchase will not improve chances of winning.
Because the Sponsor has not previously sponsored a promotion of this sort, it is not able to predict the number of expected entrants. For the same reason, the Sponsor cannot identify the total number of Entrants who won prior promotions it has sponsored. After this Promotion has ended, and upon receiving an email request from any person, the Sponsor will identify the approximate number of total Entrants and the approximate percentage of Entrants who won prizes.
OPEN ONLY TO LEGAL RESIDENTS OF THE 50 UNITED STATES AND DISTRICT OF COLUMBIA WHO ARE AT LEAST 18 YEARS OLD AND HOLDING A VALID DRIVER'S LICENSE AS OF THE DATE OF ENTRY. PARTICIPANTS CANNOT BE EMPLOYED BY SPONSOR, PRIZE PROVIDER OR ANY OF THEIR AFFILIATES.
By entering this Promotion, each entrant ("Entrant") accepts and agrees to be bound by these Official Rules. Any violation of these rules may, at Sponsor's discretion, result in disqualification. All decisions of the judges regarding this Promotion are final and binding in all respects.
1. PROMOTION PERIOD. Promotion begins June 14, 2010 12:00 NOON ET and ends July 15, 2010 12:00 MIDNIGHT ET ("Promotion Period").
2. ELIGIBILITY. This contest (the "Promotion") is only open to legal residents of the 50 United States and District of Columbia who are at least 18 years old and holding a valid driver's license or state-issued ID as of the date of entry, except officers, directors, members, and employees of the Sponsor, Prize Provider, or any of the Sponsor or Prize Provider, the judging organization (if applicable), or any other party associated with the development or administration of this Promotion, and the immediate family (i.e., parents, children, siblings, spouse), and persons residing in the same household, as such individuals. This Promotion is void outside the 50 United States and the District of Columbia, and where prohibited.
4. WINNER SELECTION AND NOTIFICATION.
(a) All entries will be judged on or about July 8, 2010. In its sole and absolute discretion, and based upon entirely subjective and personal artistic, aesthetic, intuitive and intellectual criteria and judgments, the Sponsor (through one or more designated persons) will determine the entries subjectively deemed to be "best" and to be winners based on the following criteria: creativity/originality (25%); humor (25%); gameplay (25%); and appropriate expression of the Sponsor's editorial viewpoint (25%). The judges will select one (5) finalists (each, a "Finalist") based on the highest overall score. In the event of a tie, the entry with the higher score in the creativity criteria will prevail.
(b) Any potential Finalist will be notified by mail, email and/or telephone. If a potential Finalist: (i) cannot be contacted; (ii) does not respond within one (1) day from the date the Sponsor first tries to notify him/her; (iii) fails to return the Affidavit and Release as specified in Rule 9; (iv) refuses the prize; and/or (v) the prize or prize notification is returned as undeliverable, such potential Finalist forfeits all rights to win the Promotion or receive the prize, and an alternate potential Finalist may be selected. Upon contacting a potential Finalist and determining that he/she has met all eligibility requirements of the Promotion, including without limitation the execution of required waivers, publicity and liability releases and disclaimers, such individual will be officially declared a Finalist of the Promotion.
(c) All Finalists' Submissions will be posted online at the Website on or around July 8, 2010 and the public will be asked to vote for the overall winner. The one (1) entry with the highest number of valid votes (as determined by Sponsor in its sole discretion) as of July 15, 2010 11:59 PST will be declared the winner (the "Winner"). In the event of a tie, the Winner will be chosen by random drawing between the tied entries. Sponsor reserves the right to confirm (or re-confirm) potential Winner's compliance with all the requirements of being a Finalist set forth above.
5. PRIZE DESCRIPTION. There will be a total of one (1) Grand Prize Winner. The Grand Prize consists of one (1) annual membership to Prize Provider's Safari Books Online service to the Entrant. The approximate retail value of the prize is Five Hundred Fifteen dollars ($515.00) and may vary depending on current pricing. Awarding the Grand Prize is subject to Winner's execution of Prize Provider's standard terms and conditions in connection with its services. Finalists may receive additional prizes as determined by Sponsor in its sole discretion. The approximate retail value of such additional prizes would not exceed One Hundred Fifty dollars ($150.00) each.
6. TAXES. All federal, state and/or local income and other taxes, if any, are the Winner's or Finalist's, as applicable, sole responsibility. As a condition of receiving any prize, an Entrant shall have to fill out all tax documentation required by Sponsor.
7. OWNERSHIP AND LICENSE. All entry materials become the property of the Sponsor and Prize Provider and will not be acknowledged or returned. The copyright in any Submission shall remain the property of the Entrant, but entry into this Promotion constitutes Entrant's irrevocable and perpetual permission, consent and license, without further compensation or attribution, to use, reproduce, print, publish, transmit, distribute, perform, adapt, enhance, or display such Submission in and in connection with the Website, the Promotion, the Sponsor and the Prize Provider and the advertising and promotion of the foregoing. In connection with the foregoing, Sponsor and/or Prize Provider and/or others authorized by the Sponsor or Prize Provider shall have the right to edit, adapt, and modify the Submission. Sponsor disclaims all other rights in the Submission.
8. NO PRIZE TRANSFER OR SUBSTITUTION. No prize or any portion thereof is transferable or redeemable for cash. Any portion of the prize that is not used is forfeited. No substitutions for prize are allowed except by Sponsor and Prize Provider, in which case a prize of equal or greater value will be substituted.
9. CONSENT AND RELEASE. By entering the Promotion, each Entrant releases and discharges the Sponsor, the Prize Provider, the judging organization (if applicable), and any other party associated with the development or administration of this Promotion, their parent, subsidiary, and affiliated entities, and each of their respective officers, directors, members, shareholders, employees, independent contractors, agents, representatives, successors and assigns (collectively, "Promotion Entities"), from any and all liability whatsoever in connection with this Promotion, including without limitation legal claims, costs, injuries, losses or damages, demands or actions of any kind (including without limitation personal injuries, death, damage to, loss or destruction or property, rights of publicity or privacy, defamation, or portrayal in a false light) (collectively, "Claims"). Except where prohibited: (i) acceptance of a prize constitutes the consent of any Winner or Finalist (as applicable), without further compensation, to use the name and likeness of such Winner or Finalist (as applicable) and his/her Submission for editorial, advertising and publicity purposes by the Sponsor and/or Prize Provider and/or others authorized by the Sponsor or Prize Provider; (ii) acceptance of a prize constitutes a release by any Winner or Finalist (as applicable) of the Promotion Entities of any and all Claims in connection with the administration of this Promotion and the use, misuse, or possession of his/her Submission or any prize; (iii) any potential Winner or Finalist (as applicable) may be required to sign an affidavit of eligibility (including social security number) and a liability/publicity/copyright release; and (iv) if prize involves travel or activities, any potential Winner or Finalist (as applicable) may be required to execute releases of the Sponsor from any and all liability with respect to participation in such travel/activities and/or use of the prize. Affidavits and releases must be returned promptly from the date that Sponsor first tries to notify the potential Winner or Finalist (as applicable). If Winner or Finalist (as applicable) is deemed to be a minor under the jurisdiction of his/her residence, any prize will be awarded in the name of his/her parent or legal guardian who must execute the necessary affidavit and release.
10. INDEMNIFICATION. Each Entrant agrees to indemnify and hold the Sponsor, the Prize Provider and their respective affiliates, officers, directors, agents, co-branders or other partners, and any of their employees (collectively, the "Promotion Indemnitees") harmless from any and all claims, damages, expenses, costs (including reasonable attorneys' fees) and liabilities (including settlements), brought or asserted by any third party against any of the Promotion Indemnitees arising out of or in connection with (a) any Submission; (b) any breach by the Entrant of any warranty, agreement or representation contained in these Official Rules or terms of service or in any documentation submitted or agreed to by the Entrant; (C) the Entrant's conduct during and in connection with this Promotion, including, without limitation, trademark, copyright, or other intellectual property rights, right of publicity, right of privacy or defamation; (D) the acceptance, use or misuse of any award or prize; or (E) any virus, worm, Trojan Horse or other spyware or malware of any kind in connection with a Submission.
11. OTHER TERMS AND CONDITIONS. (i) Promotion Entities not responsible for entries that are lost, late, misdirected, incorrect, garbled, or incompletely received, for any reason, including by reason of hardware, software, browser, or network failure, malfunction, congestion, or incompatibility at Sponsor's servers or elsewhere. In the event of a dispute, entries will be deemed submitted by the authorized account holder of the e-mail address submitted at the time of entry. "Authorized account holder" is defined as the natural person who is assigned to an e-mail address by an Internet Access Provider, online service provider, or other organization (e.g., business, educational institute) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. (ii) Sponsor, in its sole discretion, reserves the right to disqualify any person tampering with the entry process or the operation of the web site or otherwise attempting to undermine the legitimate operation of the Promotion. Use of bots or other automated process(es) to enter or vote is expressly prohibited and may result in disqualification at the sole discretion of Sponsor. (iii) Sponsor further reserves the right to cancel, terminate or modify the Promotion if it is not capable of completion as planned, including by reason of infection by computer virus, bugs, tampering, unauthorized intervention, force majeure or technical failures of any sort. (iv) Promotion Entities are not responsible for errors in the administration or fulfillment of this Promotion, including without limitation mechanical, human, printing, distribution or production errors, and may modify or cancel this Promotion based upon such error at its sole discretion without liability. In no event will Sponsor be responsible for awarding more than the number of prizes specified in these rules. (v) PROMOTION ENTITIES MAKE NO WARRANTIES, REPRESENTATIONS OR GUARANTEES, EXPRESS OR IMPLIED, IN FACT OR IN LAW, AS REGARDS THIS PROMOTION OR THE MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE REGARDING ANY PRIZE OR ANY COMPONENT OF ANY PRIZE. (vi) CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS PROMOTION MAY BE A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING WITHOUT LIMITATION ATTORNEYS' FEES) FROM ANY SUCH ENTRANT TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION. (vi) The value(s) of the prize(s) set forth above represent Sponsor's good faith determination of the approximate retail value(s) thereof, and the actual fair market value(s) as ultimately determined by Sponsor and/or Prize Provider, are final and binding and cannot be challenged or appealed. In the event the stated approximate retail value(s) of a prize is more than the actual fair market value of that prize, the difference will not be awarded in cash or otherwise. No substitution or compensation will be given for any portion of the prize that is not used. (vii) If any provision of these Official Rules is found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Official Rules and shall not affect the validity and enforceability of any remaining provisions. Headings and captions are used in these Official Rules solely for convenience of reference, and shall not be deemed to affect in any manner the meaning or intent of these Official Rules or any provision hereof. (viii) All provisions of these Official Rules which, by their express or implied terms, are intended to survive the termination of the Promotion, shall do so.
12. SPONSOR'S RIGHT TO DISQUALIFY: At any time during the Promotion, the Sponsor reserves the right, in its sole discretion, to disqualify and remove any Submission for any reason including, but not limited to, if the Sponsor believes that such Submission, or any component thereof, contains any inappropriate content, infringes the rights of any third party, violates any applicable laws or regulations, is harmful to any Sponsor's or Prize Provider's business, goodwill or reputation, or otherwise does not meet the requirements set forth in these Official Rules. The decisions of the Sponsor on this and all matters relating to the Promotion are final and binding. The Sponsor reserves the right at its sole discretion to disqualify any Entrant or the vote of any individual found to be (a) tampering or attempting to tamper with the entry process or the operation of the Promotion or the Website, (b) violating these Official Rules, (c) violating the terms of service, conditions of use and/or general rules or guidelines of any Sponsor property or service, or (d) acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. Further, the Sponsor reserves the right to disqualify any Submission which, in the Sponsor's sole discretion, is deemed to be offensive, libelous, slanderous, inflammatory, or otherwise inappropriate in any way for this Promotion. NONCOMPLIANCE WITH ANY OF THE OFFICIAL RULES MAY RESULT IN DISQUALIFICATION. ANY VIOLATION OF THESE OFFICIAL RULES BY AN ENTRANT OR ANY BEHAVIOR BY AN ENTRANT THAT WILL BRING SUCH ENTRANT OR THE PROMOTION ENTITIES INTO DISREPUTE (IN THE SPONSOR'S SOLE DISCRETION) WILL RESULT IN SUCH ENTRANT'S DISQUALIFICATION AND ALL PRIVILEGES AS AN ENTRANT WILL IMMEDIATELY BE TERMINATED. CAUTION: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
13. SPONSOR NOT RESPONSIBLE FOR ERRORS. This Promotion utilizes and relies upon various communication technologies, the proper functioning of which is entirely beyond the control of Sponsor. This Promotion also utilizes and relies upon the services of various companies, including but not limited to Internet service providers, electrical utilities, and wireless telephone service providers, the performance of which is entirely beyond Sponsor's control. Sponsor is not responsible or liable in any way for the consequences of incorrect, inaccurate, interrupted, defective, or untimely transmission or transcription of entry information, or for any human error, technical malfunctions, lost data, transmission line failure, wireless service gaps, power outages and spikes, computer hardware and software errors and malfunctions, computer viruses and glitches, Internet or wireless service inaccessibility, or any other technical, electronic, transmission, computer error or malfunction or similar error or malfunction. Should any communication by Sponsor impose a substantively unreasonable burden on Sponsor or yield an unanticipated windfall for one or more Entrants that presumptively was not intended by Sponsor, such communication is deemed to have been null and void and of no effect.
14. ARBITRATION; WAIVER OF ANY RIGHT TO JURY TRIAL. This Promotion is subject to all applicable federal, state, and local laws and regulations. Issues concerning the construction, validity, interpretation and enforceability of these Official Rules shall be governed by the laws of the State of California, without regard to any principles of conflict of laws. All disputes arising out of or connected with this Promotion will be resolved individually, and without resort to class action. Any claim, dispute, or demand by any Entrant (or any parent, legal guardian, or authorized representative of any Entrant), actually or allegedly arising from or in any way related to this Promotion or these Official Rules or any related content on the Website, shall be resolved by binding arbitration in Los Angeles County, California, before ADR Services, Inc. or a comparable arbitration tribunal selected by the party initiating the arbitration. All questions as to whether or not an issue constitutes a matter arbitrable hereunder shall themselves be settled by arbitration. The arbitrator shall have the discretion to permit discovery, upon a showing of good cause, but such discovery shall be limited to requests for the production of documents and up to three (3) depositions per side, each of which is not to exceed two (2) days. The arbitrator shall apply the substantive law of the State of California. Any arbitration award shall be final, binding, and conclusive upon the parties and their privies. All of the parties knowingly waive any right to trial by jury of any issue in any arbitration brought pursuant to this provision. To the extent permitted by applicable law, all judgments or awards shall be limited to actual out-of-pocket damages (excluding attorneys' fees) associated with participation in this Promotion and shall not include any indirect, punitive, incidental and/or consequential damages and in any event, no party may be awarded punitive damages more than three (3) times the amount of proven compensatory damages, no matter how large or small such compensatory damages may be. The arbitrator may require the non-prevailing party to pay some or all of the costs of the arbitration incurred by the other, including such party's share of the arbitrator's fee. Should any Entrant (or any parent, legal guardian, or authorized representative of any Entrant) demonstrate that he or she is unable to afford any fee needed to institute any such arbitration, Sponsor will advance the monies to do so.
16. WINNER LIST. For a list containing the names of the Winner and Finalists, send a self-addressed, stamped envelope, within six (6) months of end of the Promotion Period, to: Winner List, "Boing Boing 'Chiptune' Challenge", c/o Happy Mutants, LLC, 60 29th Street #662, San Francisco, CA 94110, Attn: David Pescovitz.
17. SPONSORSHIP. This Promotion is sponsored by Happy Mutants, LLC, 60 29th Street #662, San Francisco, CA 94110.
18. PRIZE PROVIDER. The Prize Provider in this Promotion is Safari Books Online, LLC, 1003 Gravenstein Highway North, Sebastopol, CA 95472.