“99 Most Shortlisted” OFFICIAL RULES



1. ELIGIBILITY: The 99designs “99 Most Shortlisted” Promotion (“Promotion”) is offered and open only to individuals 18 or older who are registered users of the 99designs website at 99designs.com (“Site”) in accordance with the Site Terms of Use in order to participate in an ongoing, active contests offered through the Site (“Site design contest”) as defined on the Site. Employees, officers and directors of 99designs, Inc., (“Sponsor”), 99designs Customers (during the Promotion Period), promotion and fulfillment agencies, and their respective parents, subsidiaries and affiliated companies, contractors, agents, or any others engaged in the development, production, or distribution of materials for the Site or the implementation of this Promotion (collectively referred to herein as the “Promotion Entities”), and the immediate family members (spouse, siblings, children and parents) and those living in the same household as such individuals (whether or not related) are not eligible to enter.

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.

3. HOW TO ENTER: All eligible entrants (18 and older) who are shortlisted in a design contest (in accordance with the Site Terms of Use) at any time between 12:00 a.m. PT on December 1, 2011 through 11:59 p.m. PT on January 15, 2012 (“Entry Period”) will be entered into this Promotion (“Entry”). The top 100 Eligible entrants with the most “Entries” into this promotion will be awarded a bonus payment of $101 awarded as 99design credits to winning Eligible designers, as provided herein and in accordance with the site terms of use and any other agreements.. “Shortlisted” status for purposes of this Promotion shall mean, in accordance with the Site Terms of Use and any other Agreements, a 99designs customer selects a designer in the “Shortlisting” Stage for an active Site contest to continue to submit designs in the “Refinement” stage via the Site interface at any time during the Entry Period. All shortlisted designers of a particular Site design contest will be eligible to be entered in this Promotion. The Entry must comply with the Site requirements and all other terms in these Official Rules or will be disqualified. Incomplete or otherwise noncompliant Entries will not be considered.

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).

4. GENERAL CONDITIONS OF ENTRY: In addition to and without limiting any additional requirements of the Site, by submitting an Entry or accepting any prize, Entrants represent and warrant that their Entry, in whole and in part: (i) is the original creation of the Entrant and/or Entrant holds all right, title and interest in and to said Entry (and is able to show written proof of same if requested), (ii) has not been copied in whole or in part from any other work, (iii) does not violate or infringe any patent, copyright, trademark or other intellectual property or any other right of any person or entity, and (iv) otherwise satisfies all other requirements and the Site Terms of Use and any other related Agreements.

Proof that you uploaded a design in a Site design contest does not constitute proof or evidence that it was received. Sponsor reserves the right without notice to disqualify and/or remove any Entry in whole or in part for any reason within its sole and absolute discretion if it believes the Entry is not in the spirit of the Promotion or is not compliant with these rules, the Site Terms of Use, or will have a detrimental impact on Sponsor, a 99designs customer or contest, or this Promotion. Without limitation, Sponsor reserves the right in its absolute discretion to refuse, disqualify, or withdraw any Entry and/or Entrants at any time during the Promotion, including but not limited, for obvious lack of good faith, noncompliant, or obscene, offensive, sexually inappropriate, or otherwise unsuitable Entries, such as those depicting violence, illegal activity, nudity or explicit activity, as determined by the Sponsor (in its sole discretion). Sponsor also reserves the right, in its sole and unfettered discretion, to disqualify at any time during the Promotion any Entry/Entrant based on the belief that such design contains any materials that may infringe on the rights of any third parties, or that are illegitimate, problematic, non-compliant with the Site Terms of Use or any Agreements, or in the event an Entrant engages at any time in behavior that (as determined by Sponsor in its sole and absolute discretion) is obnoxious or threatening, illegal, or that is intended to annoy, abuse, intimidate, threaten or harass any other person, or if an Entrant is untimely or non-responsive to Sponsor’s communications and/or the deadlines established by the Site or herein.

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.

7. GRAND PRIZE (99): 99 separate $101 bonus payments (awarded in the form of 99design credits in accordance with the Site Terms of Use). No transfer, assignment or substitution of prize, or any element thereof in whole or in part, except Sponsor reserves the absolute right to substitute a prize or any element thereof, of comparable value. Prize awarded as 99design credits only and is redeemable for cash only in accordance with the Site Terms of Use relating thereto. Sponsor reserves the right to and may conduct a voluntary background check on any potential winner, and such individual agrees to cooperate, to confirm eligibility and to help ensure that awarding a prize to any such individual will not bring the Promotion Entities into public disrepute, contempt, scandal or ridicule or reflect unfavorably on the Sponsor, 99designs customers, their respective brands, products and services, this Promotion or the Promotion Entities as determined by Sponsor in its sole discretion. A potential winner who refuses or fails (in Sponsor’s sole and absolute discretion) the voluntary background check will forfeit the potential prize.

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.

The information provided will be used for purposes of this Promotion and in accordance with Sponsor’s privacy policy at www.99designs.com.

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.

In no event will Promotion Entities, their parents, affiliates, subsidiaries and related companies, their advertising or promotion agencies and/or all their respective officers, directors, employees, independent contractors, representatives and agents, be responsible or liable for any damages or losses of any kind, including direct, indirect, incidental, consequential or punitive damages arising out of your access to, and use of, the Site or any other participating internet site(s), promotion pages, or the downloading from and/or printing material downloaded from said site(s). Without limiting the foregoing, everything on this Site 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, and non-infringement. Some jurisdictions may not allow the limitations or exclusion of liability for incidental or consequential damages or exclusion of implied warranties. In the event of an interpretational discrepancy or ambiguity between the two, these rules shall determine promotion specific issues, in all other situations the Site Terms of Use and related documentation and agreements shall prevail.

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.