Zazzle Holiday Ornament Contest
1. The Zazzle Holiday Ornament Contest (”Contest”) is sponsored by Zazzle.com (”Sponsor). The Contest begins on November 18, 2010 at 9:00 a.m. (Pacific Time) and ends on December 2, 2010 at 11:59 p.m. (Pacific Time) (the “Contest Period”).
2. 1. ELIGIBILITY: This promotion is open to legal residents of United States or the District of Columbia. You must be at least 18 years of age or older. Employees, officers, directors, agents, representatives, and the immediate family members of Zazzle, and their respective affiliates, subsidiaries, advertising, promotion agencies and promotion partners are not eligible to participate. Void where restricted or prohibited by law.
3. 2. ENTRY: To enter, visit http://www.zazzle.com (“Zazzle Website) and log in or create a Zazzle user account (“MyZazzle Account”), create a product with your design in the Zazzle Design Tool, and publish the product in the Zazzle marketplace, using the tag “zazzleornamentcontest2010″ (”Submission”) during the Contest Period. Creating an account and creating and publishing a product are free. When you create your MyZazzle Account, you must supply all requested information, including your name, age, and e-mail address. There is a limit of one entry per person. If you submit multiple designs, only the first entry from any individual will be judged as part of the Contest. Additional attempts to enter will be disqualified. To be eligible, your Submission must be received by 11:59p.m. (Pacific Time) on December 2, 2010.
4. 3. REQUIREMENTS: You must have a MyZazzle Account. Your Submission must be an original design, and you must own the copyright to the Submission. Your Submission must comply with our User Agreement and our Nonexclusive License Agreement, and by entering this Contest, you agree to such agreements. Any Submission that violates our User Agreement and/or Nonexclusive License Agreement (including our Acceptable Content rules) or otherwise includes content that, in our discretion, is inappropriate, indecent, or obscene will be disqualified from winning this Contest. Any Submission that is late (including delayed data transmissions), forged, illegible, mutilated, incomplete, misdirected, or otherwise not in compliance with these Official Rules will be disqualified. Disqualified entries will be removed from the Zazzle Website without notice.
5. 4. CONDITIONS OF ENTRY: As a condition of entry, each individual represents and warrants to Sponsor: a) that the Submission is wholly original and does not infringe upon or otherwise violate any right of any third party; (b) that you have all rights necessary to enter the Submission in accordance with these Official Rules, and (c) no party other than you has any right, title or interest in and to the Submission or any part of the Submission. You also grant to Sponsor a fully-paid, non-exclusive license to reproduce, prepare derivative works of, distribute, display, exhibit, transmit, broadcast, televise, digitize, otherwise use, and permit others to use and perform throughout the world the Materials in any manner, form, or format now or hereinafter created, including on the Internet, and for any purpose, including, but not limited to, advertising or promotion of Sponsor and their respective products and services, all without further consent from or payment to you. You hereby agree to indemnify and hold harmless Sponsor and their respective affiliates, employees, officers, directors, and agents from any claim, liability, injury, damage or other loss arising out of or related to your participation in the contest, including without limitation any Materials submitted, any failure on your part to fully comply with these Rules, and any acceptance and use of any prize.
6. 5. SELECTION OF WINNERS: During the Contest Period, Sponsor will post Submissions that comply with these Rules at this location, and visitors to the http://www.zazzle.com will be invited to vote for their favorite Submission (although the visitors’ votes will not be determinative of the winners). After the Contest Period, the Grand Prize Winner, the Second Prize Winner, and the Honorable Mention Winners will be selected from the entry pool by a panel of judges within five (5) days after the Contest ends. The judges will evaluate each entry based upon the following criteria: a) thematic relevance; b) quality of image (clarity and composition); and c) creativity. The decision of the judges will be final in all respects. Potential winners will be notified by e-mail on or about December 2, 2010, after the selection of the winners, and the potential winners will be announced on the Zazzle Blog at http://blog.zazzle.com. Except where prohibited by law, a winner’s acceptance of a prize constitutes permission for Sponsor to use such winner’s name, address (city and state only), statements, photograph, voice, and or likeness for any advertising and promotional purposes relating to this contest without further compensation, consideration, review, or consent.
7. 7. PRIZES: There will be one Grand Prize Winner, one Second Prize Winner, and five Honorable Mention Winners. The Grand Prize Winner will receive $500.00 USD. The Second Prize Winner will receive $100.00 USD. The five Honorable Mention Winners will each receive promotional codes for purchasing the equivalent of $25.00 of products or services on the Zazzle Website. The Grand Prize Winner will also be featured in the Zazzle Blog. No cash or prize substitution is allowed except at the discretion of Sponsor. If the prizes cannot be awarded for any reason regardless of whether it is before or after winners have been chosen and notified, including technical or creative reasons, or due to circumstances beyond the control of Sponsor, no substitute prize will be awarded. Prize is not transferable.
8. 8. GENERAL CONDITIONS: All taxes (including, but not limited to, income taxes) are the sole responsibility of the winners, and winners agrees to provide Sponsor with information necessary to allow Sponsor to file required tax forms. Grand Prize winner will receive a 1099 tax form for the value of the prize. Sponsor reserves the right, in its sole discretion, to cancel, modify or suspend the Contest if virus, bugs, unauthorized human intervention, technical failures or any other factor beyond Sponsor’s reasonable control corrupt the administration, security, fairness, integrity or proper operation of the Promotion. In such event, Sponsor reserve the right to award the prize at random from among the eligible entries received up to the time of impairment. Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Contest or to be acting in violation of these Official Rules in a disruptive manner. Any attempt by any person to deliberately damage Sponsor’s Web site or undermine the legitimate operation of this Contest may be a violation of criminal and civil laws, and, should such an attempt be made, Sponsor reserve the right to seek damages from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
9. 9. RELEASE: By accepting any prize, each winner agrees that Sponsor and their respective subsidiaries and affiliated companies, and the agents, employees, directors and officers of these companies, are not liable whatsoever for any injuries, losses or damages of any kind resulting in whole or in part, directly or indirectly, from the acceptance, possession, use or misuse of any prize or from such winner’s participation in the Contest.
10. 10. LIMITATIONS OF LIABILITY: Sponsor are not responsible for: (1) incorrect or inaccurate transcription of entry information or late, lost, stolen, illegible, incomplete, misdirected or postage due entries or entries received through impermissible or illegitimate channels, all of which will be disqualified; (2) technical failures of any kind, including but not limited to the malfunctioning of any telephone, computer, network, hardware or software; (3) the unavailability or inaccessibility of any Web site or service; (4) unauthorized human intervention in any part of the entry process or the Contest; or (5) electronic or human error which may occur in the administration of the Contest or the processing of entries.
11. 11. DISPUTES: You agree that under no circumstances will you be permitted to obtain awards for and entrant hereby waives all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning this Contest will be governed by, and construed in accordance with, the laws of the State of California, U.S.A., without giving effect to any choice of law or conflict of law rules of provisions (whether of the State of California, U.S.A., or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of California, U.S.A. All federal, state, provincial and local laws apply.
13. 13. COPY OF OFFICIAL RULES/WINNERS’ LIST: For a copy of the Official Rules or a winners’ list, send a self-addressed, stamped envelope to zazzleornamentcontest2010, Zazzle.com, Inc., 1900 Seaport Blvd., Redwood City, CA 94063.
14. 14. SPONSOR: Zazzle.com, Inc., 1900 Seaport Boulevard, Redwood City, CA 94063