“99 Most Shortlisted” OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. INTERNET ACCESS IS REQUIRED TO ENTER. Void where prohibited.
2. PROMOTION PERIOD: Promotion starts on or about 12:00 a.m. Pacific time (“PT”) on December 1, 2011 and ends at 11:59 p.m. PT on January 15, 2012 (“Promotion Period”). All time referenced herein is Pacific Time. Sponsor’s administrator’s server/computer is the official time keeping device for the Promotion.
Entry accepted via the Site only; Entries submitted via any other channel(s) will not be eligible for the Promotion. Once submitted, Entry may not be modified, deleted or cancelled. Entrants agree to be contacted by Sponsor with notices and reminders pertaining to the Promotion.
Entries will not be returned. Entrants may not enter through a club (or similar method), with multiple identities, e-mail and/or street addresses, nor shall Entrants use any other device or artifice to enter more than the permitted number of times. Any use of on-line contest clubs (or similar methods), robotic, automatic, macro, programmed or like Entry methods will void all such entries by such methods, and disqualify any Entrant using such methods. In case of dispute, Entries will be declared made by the authorized user I.D. associated with the account via which the design was submitted in a Site design contest.
Promotion Entities assume no responsibility for lost, late, incomplete, inaccurate, delayed, destroyed, damaged, or misdirected Entries; nor for any computer, telephone, cable network, electronic or Internet hardware or software malfunctions, failures, connections, or availability, or garbled, corrupt, or jumbled transmissions; nor service provider, Internet, Web site, user net accessibility or availability, traffic congestion; incompatibility; unauthorized human intervention or any human or technical error; or the delayed, incorrect or inaccurate capture (or posting) of Entry or other information, nor for the failure to capture (or post) any information. Without limitation, Sponsor is not responsible for and Entrants and participants of the Site agree to release and hold harmless Sponsor from any claims, actions, damages, liabilities and responsibility in the event for any reason any shortlisted designer is not properly or timely declared within the Entry Period, is unresponsive, or a design is declared at any time ineligible, problematic or illegitimate (pursuant to these rules and/or the Site).
Entrants will not now nor in the future be paid for their Entry into this Promotion or for granting Sponsor any of the rights herein. In addition to and without limiting any additional requirements of the Site, by submitting an Entry or accepting any prize, Entrants understand and agree that any design gaining them Entry in to the Promotion may be used in whole or in part by Sponsor worldwide, royalty free for any promotional purposes in any media or medium whatsoever now known or hereinafter developed without further compensation or review. Entrants also acknowledge and agree any design gaining them Entry in to the Promotion or any element thereof may be used in whole or in part, alone or in combination with other works, and that it may be changed, altered, edited or modified, used in distorted, illusory or composite form, or in any other manner, as solely determined by Sponsor at any time during or after this Promotion.
6. JUDGING CRITERIA: All eligible Entries from each eligible Entrant will be tabulated by Sponsor.In case of a tie, the Entrant who was first to record their last entry, will be judged the winner (among those tied). All Entries and participation in this Promotion shall be governed by these Official Rules. Entrants agree to be bound to these Official Rules and the decisions of the Sponsor (including its authorized representatives) and Judges, which are final and binding in all matters.
As applicable, all taxes of whatever nature in Grand prize winner’s country of legal residence are the sole responsibility of and must be declared and paid in full by the Grand prize winner.
Subject to verification of eligibility and compliance, prize will be awarded assuming sufficient eligible Entries are received. In no event will Sponsor be responsible to award more than the stated number of prizes herein.
Potential Grand Prize winners will be notified via the Site interface on or within approximately two – four weeks from the close of judging and will be required to timely respond to the notification (and may be required to complete, have notarized and return an Affidavit of Eligibility, Liability and, where legal, Publicity Release, within the time specified by Sponsor, or else prize will be forfeited). In the event of forfeiture, prize will be awarded to an alternate potential Grand prize winner with the next highest score from among all eligible Entries received. Prize or any element thereof may not be sold, resold, auctioned, bartered, assigned, exchanged, placed in commerce, transferred, given away, donated, or otherwise conveyed or placed into any channels of distribution.
8. GENERAL: By participating, Entrants agree to abide by and be bound to these Official Rules and the decisions of Sponsor, which are final and binding in all respects. Noncompliance, failure to timely respond, return or properly complete documentation, or if a notification or any prize is returned as non-deliverable, not timely responded to, or if potential winner is not eligible or does not comply with these Official Rules, it will result in prize forfeiture, and in such event an alternate potential winner will be selected based on next highest score. Unclaimed or unredeemed 99design credits will not be re-awarded. BY PARTICIPATING, PARTICIPANTS AGREE TO RELEASE, DISCHARGE AND HOLD HARMLESS THE SPONSOR, AND ITS AFFILIATES AND SUBSIDIARY COMPANIES, ADVERTISING AND PROMOTION AGENCIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, INDEPENDENT CONTRACTORS, REPRESENTATIVES AND AGENTS FROM AND AGAINST ANY AND ALL ALLEGED OR ACTUAL CLAIMS, ACTIONS, DEMANDS, LOSSES, SETTLEMENTS (WHETHER OR NOT LITAGATION IS COMMENCED), LIABILITIES AND DAMAGES OF ANY KIND WHATSOEVER EXISTING NOW OR ARISING IN THE FUTURE (INCLUDING, WITHOUT LIMITATION, BODILY INJURY, PERSONAL INJURY, DEATH, DISABILITY AND PROPERTY DAMAGE OR LOSS), COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES, COURT COSTS, SETTLEMENT AND DISBURSEMENTS) DIRECTLY OR INDIRECTLY ARISING OUT OF THE DELIVERY/MISDELIVERY, ACCEPTANCE, POSSESSION, USE OR MISUSE OF A PRIZE, PARTICIPATION IN ANY PROMOTION-RELATED ACTIVITY, ACCESS TO THE PROMOTIONAL SITES AND PAGES, AND/OR PARTICIPATION IN ANY PRIZE RELATED ACTIVITIES WHETHER OR NOT CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF ONE OR MORE OF THE PROMOTION ENTITIES. By accepting a prize, Grand prize winner hereby consents, where lawful, to the use by Sponsor (and its authorized representatives) of their name, image, likeness, hometown name, biographical information, and/or voice for publicity, trade, advertising and promotional purposes in all media now known or hereafter discovered worldwide, and on the internet and World Wide Web, without additional compensation, and without the right of review, notification or approval and agree to confirm this grant in writing.
9. LIMITATIONS OF LIABILITY: Promotion Entities are not responsible for any incorrect or inaccurate information, whether caused by Web site users, human error, tampering, hacking or by any of the equipment or programming associated with or utilized in the Promotion and assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation, posting or transmission, communications line failure, theft or destruction or unauthorized access to the Site. Any use of robotic, automatic, macro, programmed or like methods will void all such Entries by such methods, and disqualify any Entrant using such methods. If, for any reason, the Promotion or any element thereof in whole or in part is not capable of running as planned by reason of, but not limited to, infection by computer virus, worms, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which Sponsor deems, in its sole opinion, could corrupt or affect the administration, security, fairness, integrity or proper conduct of this Promotion or any element thereof, Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Promotion and select the winner from eligible, non-suspect Entries received prior to the action or as otherwise may be deemed fair and equitable by Sponsor. Promotion Entities shall not be liable to winner or any other person for failure to execute the Promotion or supply a prize or any element thereof by reason of any act of God, any action(s), regulation(s) order(s) or request(s) by any governmental or quasi-governmental entity (whether or not the action(s), regulation(s), order(s) or request(s) prove(s) to be invalid), equipment failure, terrorist acts, cyber attacks, earthquake, war, fire, flood, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any similar or dissimilar event beyond their reasonable control.
THIS PROMOTION IS GOVERNED BY THE LAWS OF THE UNITED STATES AND THE STATE OF NEVADA WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. As a condition of participating in this Promotion, Entrants agree that any and all disputes that cannot be resolved between the parties and causes of action arising out of or connected with this Promotion shall be resolved individually, without resort to any form of class action, exclusively before a court located in San Francisco County, California.
10. SPONSOR: 99designs, Pty Ltd. 48 Cambridge St. Collingwood, Victoria 3066 Australia
11. WINNER LIST: For the name of the Grand prize winner, send a self-addressed, sufficiently stamped envelope to: The 99designs 99 Most Shortlisted Promotion, 99designs 1 Market Street, Steuart Tower, Ste 517 San Francisco, CA 94105. Requests must be received by December 30, 2011. Limit one request per person, per household.
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