of the LiveJournal.com NON-FICTION ESSAY Promotion
Sponsored by Six Apart, Ltd. ("Sponsor")
NO ENTRY FEE. NO PURCHASE NECESSARY TO ENTER OR WIN. The Promotion begins on March 7th, 2007, and ends on April 7th, 2007.
The LiveJournal Non-Fiction Essay Promotion is open to individuals who are legal residents of the United States or its territories (excluding Arizona, Puerto Rico and any other jurisdiction that may require a translation of these Official Rules), who have an active e-mail account and Internet access, who are registered LiveJournal.com users, 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"). Becoming a registered LiveJournal.com user is free.
The Promotion is not available to any individual who has been suspended or terminated from using Sponsor's or its affiliates’ websites. The Promotion is not intended or directed to persons under the age of 18. By registering for this Promotion or providing Sponsor with any information, Participant represents to Sponsor that he/she is 18 years of age or older and that any information he/she provides to Sponsor about a third party is for a third party that is 18 years of age or older.
Employees of Sponsor, past employees of Sponsor, immediate family members of Sponsor’s employees, or members of the household of any such employees, or any employees of Sponsor's various affiliates, partners, their parents or subsidiaries, or employees of Sponsor’s advertising, promotion, fulfillment or other coordinating agencies, or individuals providing services to Sponsor 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 Sponsor, 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 an account at LiveJournal.com (the “Promotion Site”).
II. Promotion Period
The Promotion begins on March 7th, 2007, at 12:01 a.m. Pacific Standard Time (PST), and ends on April 7th, 2007, at 11:59:59 p.m. PST (the “Promotion Period”). Sponsor 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 Grand Prizes, as defined below, will be awarded based upon judgment of valid entries received at such time.
By entering the Promotion, and as a condition of eligibility, Participant agrees to transfer and assign any and all intellectual property rights Participant may have relating to Participant’s Submission including but not limited to copyright and moral rights, to Sponsor. Participant’s Submission becomes the sole and exclusive property of Sponsor and as such Sponsor has a right 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 Sponsor sees fit, 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. Participant represents and warrants that Participant’s submission is Participant’s original authorship and based on a true story, has not been previously published in any media, is not defamatory, offensive or obscene, and does not violate or infringe on the trademark, copyright, publicity, privacy or other rights of any third party. Participant agrees to indemnify, defend and hold Sponsor, its employees, agents and representatives harmless for any losses or expenses arising from claims to the contrary.
Sponsor 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 Sponsor emails. Participant may opt-out of the receipt of such emails by following the directions in any email Participant receives or as posted on Sponsor’s website.
Participant may not enter the Promotion with multiple email and/or multiple identities nor may Participant use any other device or artifice to obtain multiple registrations or entries. 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
There will be two “Grand Prize” winners selected from the first one thousand unique Submissions received by Sponsor: one “Grand Prize” winner selected by Sponsor’s judges and one “LJ Community Grand Prize” winner selected by the LiveJournal.com user community from the top ten runner-up Submissions. In determining the “Grand Prize” winner and the top ten runner-up Submissions, Sponsor’s judges will choose the Submissions with the highest composite scores based on these factors:
- Content 30%
- Originality 30%
- Style 20%
- Grammar 10%
- Spelling 10%
The “Grand Prize” winner and the top ten runner-up Submissions will be determined in a non-random selection process in accordance with which Submissions will be read and evaluated by a panel of judges comprising of members of the Sponsor’s editorial and writing staff and/or other persons of similar ability as chosen by Sponsor using the criteria described above. The decisions of the judges will be final and judging will take place at Sponsor’s corporate offices.
In determining the LJ Community Grand Prize winner, Sponsor’s judges will select ten runner-up Submissions. The winner from these ten Submissions will be determined in a non-random selection process in accordance with which Submissions will be read and evaluated by the community of LiveJournal.com users through an online poll voting system. Any resulting ties in the poll will be arbitrated by the Sponsor judges to determine the winner. The decisions of the poll voting system and any tie-braking judging will be final and will take place at Sponsor’s corporate offices.
Winners will be notified by e-mail within thirty (30) days of the end of the Promotion Period.
There will be two Grand Prizes awarded. Each Grand Prize winner will receive a five hundred dollar ($500) cash prize from Sponsor and the right to choose one (1) out of the following charitable organizations - Global Fund for Women, Women for Women International, Accion International and the Susan G. Komen Breast Cancer Foundation - to which Sponsor will donate five hundred dollars ($500). The charitable donation will be made directly by Sponsor to the chosen charity. The amount of the charitable donation will not be included in the winner’s prize award nor will the winner be entitled to any tax credit or deduction otherwise applicable to charitable deductions by individuals. Winners 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 Sponsor. If a winner fails to communicate his or her choice of charitable organization to Sponsor within ten (10) days of notification of winning, Sponsor reserves the right to make the charitable donation to the charitable organization of its choice. The total value of each Grand Prize to the winner shall not exceed five hundred dollars ($500).
The Grand Prize is not transferable, refundable or substitutable except by Sponsor with one of equal or greater value. The charitable donation portion of the Grand Prize is not redeemable for cash.
The odds of winning a prize depend on the number of eligible entries received. No assignment, transfer, cash or other substitution of a Grand Prize is permitted, except at the sole option of Sponsor for a prize of equal or greater value. Sponsor will not replace any lost or stolen prizes. Winners are solely responsible for any and all federal, state, provincial and local taxes, if any, that apply to prizes.
Total value of all prizes to be awarded: $2,000 (U.S.).
In the event of a dispute as to the identity of a winner based on an e-mail address, the winners will be declared by the authorized account holder of the e-mail address submitted during the registration process. “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.
The winners will be notified by e-mail to the address listed on the winner’s registration form. Sponsor is not liable for any incorrect information contained in either regard or for a person’s failure to update or keep current any contact information. General notification regarding the winners shall be posted on the LiveJournal.com website within one (1) month following the end of the Promotion Period.
VI. General Conditions
The winners must complete, execute, and return an Affidavit of Eligibility, a Liability Release, and where lawful, a Publicity Release within ten (10) days of notification. Winners’ failure to return timely and complete documents, or if Grand Prize notification or the Grand Prize is returned as non-deliverable, may result in disqualification and forfeiture of the Grand Prize, with an alternate winner selected from the remaining, valid, eligible entries timely submitted. The winners may also be disqualified if they are found not to be in compliance with these Official Rules or otherwise ineligible. Disqualification and choosing an alternate winner is in Sponsor’s sole discretion.
By participating in the Promotion and/or winning any prize, each winner, where permitted by law, grants Sponsor, and to those acting pursuant to Sponsor’s control, the right to use winner’s name, portrait, photo, picture, voice, likeness, entry and statements attributed to winner (if true) and biographical information as news or information and for advertising, trade and promotional purposes in print, publications, broadcast, or in any media form worldwide and at any time, including without limitation, inclusion in Sponsors’ newsletters, and Sponsor’s corporate website and other websites owned or controlled by Sponsor without additional consideration and without notification, review, or approval.
In its sole discretion, Sponsor reserves the unilateral right to disqualify any person it finds to be tampering with the Promotion, any related Six Apart, Ltd. web site, these Official Rules, or any of the other policies mentioned or referenced herein.
All Participants, including the winning winners, release and agree to hold harmless Sponsor, its parents, affiliates, subsidiaries, advertising and promotion agencies and their respective directors, officers, employees, representatives, attorneys, and agents from any and all liability for any injuries, loss or damage of any kind to person, including death and damage to property, arising in whole or in part, directly or indirectly, from the acceptance, possession, use or misuse of the Grand Prize, participation in the Promotion, or participation in any Promotion related activity.
If Sponsor suspects that a Participant may have engaged in fraudulent activity in any manner related to this Promotion, Sponsor may suspend or terminate a Participant’s right to take part in this Promotion. Any use of programmed, automatic, macro, or like methods used in either completing or assisting to send invitations and persons using any such methods shall be disqualified.
The incorrect or inaccurate capture of information or the failure to capture such information, whether caused by Participants, hacking or tampering, or by any of the equipment or programming used in association with the Promotion is not Sponsor's responsibility. Sponsor is not responsible for injury or damage to Participant's computer (or any other computer that it 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 Sponsor shall not constitute a waiver or any other or subsequent default or breach, and Sponsor’s failure to act with respect to a breach by any Participant does not constitute a waiver of Sponsor’s right to act with respect to subsequent or similar breaches.
SPONSOR, ITS PARENTS, AFFILIATES, SUBSIDIARIES, AND RELATED COMPANIES, OR 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 PUNITIVE, CONSEQUENTIAL, DIRECT, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF PARTICIPANT'S ACTIVITIES THAT ARE IN ANY MANNER RELATED TO THIS PROMOTION, ACCESS OR USE OF THE SIX APART, LTD. SITE, OR THE DOWNLOADING OF ANY MATERIAL. WITHOUT LIMITING THE FOREGOING, EVERYTHING RELATED TO THIS PROMOTION AND THE SIX APART, LTD. 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 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 Sponsor to any person, partnership, corporation, or any other entity that succeeds to Sponsor’s business or which has purchase substantially all of the Sponsor’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 Sponsor 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 the Grand 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 WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS PROMOTION MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO DISQUALIFY SUCH PARTICIPANT AND TO SEEK DAMAGES FROM SUCH PARTICIPANT TO THE FULLEST EXTENT PERMITTED BY LAW.
VII. 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 the Grand 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 JAMS, 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.
VIII. Restricted Activities
As more fully set forth in the LiveJournal.com Terms of Service, 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 Sponsor’s service and participation in this Promotion.
As more fully set forth in the LiveJournal.com Terms of Service, Participant further agrees that none of its activities in any way related to this Promotion or items it offers using the Sponsor services are: (a) defamatory, libelous, unlawfully threatening or unlawfully harassing; (b) obscene or contain child pornography or otherwise adult in nature or harmful to minors; (c) linked directly or indirectly to or include description of goods or services that are concurrently listed for sale on any other web site, or that Participant does not have the right to link to or include; and (d) infected or contain any computer programming routines, in any form, that may damage, detrimentally interfere with, intercept or expropriate any system, data or personal information.
IX. Personal Information
X. Winner's List; Official Rules
For a list of the Grand Prize winners, mail a self-addressed stamped envelope for receipt before June 30th, 2007, to:
Attn: Grand Prize Winner List; LiveJournal Non-Fiction Writing Essay
Six Apart, Ltd.
548 4th Street
San Francisco, California 94107
In the alternative, send an email request before June 30th, 2007, to firstname.lastname@example.org with “Grand Prize Winner List” in the subject line, and specify the “LiveJournal Non-Fiction Essay Competition” in the body of the email.
As directed above and promptly upon request to the above addresses, Sponsor shall provide: (a) the name of the winning Participants and (b) the Grand Prizes won by each winning Participant. A list of prize winners will also be available at the Promotion site.
For a copy of these Official Rules, mail a self-addressed stamped envelope for receipt before June 30th, 2007, to:
Attn: Official Rules; LiveJournal Non-Fiction Essay Competition
Six Apart, Ltd.
548 4th Street
San Francisco, California 94107
XI. Sponsor’s Address
Six Apart, Ltd.
548 4th Street
San Francisco, California 94107