MacOSXHints 2011 Best Hints Contest: Official Rules
Who Can Enter. The Contest is open to any natural person who is a registered member of the Sponsor Site, is at least eighteen (18) years of age at the time of entry and is a legal resident of the fifty (50) United States (including the District of Columbia but excluding Puerto Rico). The Judges, editors of the Sponsor Site, and employees of Sponsor or its parents, subsidiaries, affiliates, partners, suppliers, or advertising or promotional agencies, are not eligible to enter the Contest, nor are members of their household or their immediate family.
Entry. The Contest begins at 12:00 a.m. Pacific Time (PT) on January 1, 2011, and the first month's entry period ends at 11:59 p.m. PT on January 31, 2011. The Contest will be repeated each calendar month, starting at 12:00 a.m. PT on the first day of the month and ending at 11:59 p.m. PT on the last day of the month (each such one-month period a "Contest Period") until it is discontinued by Sponsor, or Sponsor terminates it as described below. Before the start of each Contest Period, Sponsor will post that month's hints Featured Category in the Mac OS X Hints forums. No fee or purchase of any kind is required to enter or win. To enter the Contest, an Entrant must log in to his or her member account on the Sponsor Site and submit a hint via the Mac OS X Hints submission page. Each submission that meets the Sponsor Site's usual criteria for publication, is submitted from a member account that includes a valid email address, and is published on the Sponsor Site during a Contest Period will be a valid Contest entry (an "Entry") for that Contest Period. Hints submitted in the Featured Category will be considered for a prize in that category, and all other hints will be considered for a prize in the "Best Overall" category. Each Entry must describe a hint for use of the Mac OS® X or iOS operating systems, or hardware or applications that use one or both of them. Entries must be in English. Each hint included in an Entry must be the Entrant's own original work and must not have been published elsewhere at any time. Entries cannot contain any obscenity, defamatory statements, or other offensive or objectionable content. Entries may not be submitted on behalf of anyone other than the specified Entrant. Only those Entries that appear on the Sponsor Site by 11:59 p.m. PT on the last day of the applicable Contest Period will be eligible for that month's prizes. Entries received or published after 11:59 p.m. PT on the last day of final month of the Contest will be disqualified. Sponsor reserves the right to reject any Entries that do not conform to the above requirements, any Entries that have been tampered with, or any Entries that are misdirected, incomplete, corrupt, lost, late, or ineligible, whether due to Internet or e-mail server failure or otherwise.
Judging. Entries will be judged by a panel of three judges consisting of editors of the Sponsor Site and of Macworld.com (each, a "Judge"). For each Contest Period, the Judges will select four (4) winners from among all eligible Entries. Each Judge will score each Entry on a scale of 1 to 10 based on the Entry's overall usefulness to the Mac OS® X user community. "Usefulness" encompasses the number of Mac OS® X users likely to benefit from the hint, the clarity of the hint, and the ease of use of the hint. The Judges' scores will be averaged to calculate a final score for each Entrant. The Entries in the Featured Category with the two highest average scores will be the first and second prize winners for the Featured Category, and the Entries in the remaining categories with the two highest average scores will be the first and second prize winners for the Best Overall Hint. Any tie will be broken by the time each Entry was submitted, with the earlier submitted Entry having the advantage. The Judges' decisions will be final, and the Judges have the right to disqualify any Entry that is not in compliance with these Official Rules, in the Judges' sole and absolute discretion.
Prizes. For each Contest Period, the following four (4) prizes will be awarded:
Prize Terms. All values are stated in United States dollars. The prize(s) are non-exchangeable, non-transferable, and non-redeemable for cash, and no substitutions are allowed. The Sponsor reserves the right to substitute any prize with an item of equal or greater approximate retail value. Each winner is solely responsible for complying with any and all applicable federal, state, provincial, local, or other statutes, regulations, rules, or other laws of any jurisdiction and for bearing any personal income taxes, VAT, withholding taxes, or other taxes, fees, insurance, surcharges, or other costs relating to any prize. THE PRIZE(S) WILL BE GIVEN AWAY BY SPONSOR "AS IS." SPONSOR DOES NOT MAKE AND EXPRESSLY DISCLAIMS ANY WARRANTY, WHETHER EXPRESS, IMPLIED, OR STATUTORY, REGARDING ANY PRIZE OR PORTION THEREOF, INCLUDING WITHOUT LIMITATION ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT.
Announcement; Award of Prize. Winners will be notified via e-mail within fourteen (14) days of selection. Each winner may be required to sign a declaration of eligibility and/or publicity and/or liability release form, to the extent not prohibited by law, prior to receipt of a prize. The winner must take possession of the prize as directed by Sponsor. The winner may be required to provide Sponsor with his or her social security or taxpayer identification number for tax purposes. The winner also may be required to provide the Sponsor with proof that he or she is the Authorized Account Holder of the e-mail address associated with the winning 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 responsible for assigning e-mail addresses for the domain associated with the e-mail address. In the event of a dispute, an Entry will be deemed to have been submitted by the Authorized Account Holder of the e-mail address submitted at the time of entry. Failure to respond to the winner announcement or return any required declarations or releases within seven (7) days (or any longer time specified by Sponsor) or to comply with any of the foregoing may result in disqualification and the selection of an alternate winner.
Representations: By entering the Contest, each Entrant represents and warrants to the Sponsor that: (a) the Entrant meets all eligibility requirements of the Contest; (b) the Entrant is the Authorized Account Holder of the e-mail address supplied in connection with in the Entry; (c) in preparing the Entry and participating in the Contest, the Entrant has complied in all respects with these Official Rules, the Policies, and all applicable statutes, orders, regulations, and other laws; (d) the Entry consists entirely of the Entrant's own original work in which the Entrant holds all necessary rights; and (e) neither the Entry nor the duplication, distribution, display, performance, use or other exploitation of the Entry (including without limitation the hint contained therein) will infringe or misappropriate any intellectual property or other proprietary rights of any individual or entity, including but not limited to any copyrights, trademark rights, or patents.
Release. To the maximum extent permitted by law, by entering the Contest, each entrant releases and holds harmless Sponsor, the prize manufacturers, any other entities involved in the administration of the Contest, each of their respective parents, subsidiaries, and affiliates, and each of their respective officers, directors, employees, agents, and representatives (the "Sponsor Parties") from any and all responsibility, liability, damages (including, without limitation, direct, indirect, incidental, consequential, punitive, statutory, and other damages), losses, costs, or expenses of any kind arising out of or relating to: (a) the Contest; (b) any violation by the entrant of these Rules, the Policies, or applicable laws; (c) any copyright, trademark, patent, trade secret, or other intellectual property misappropriation or infringement attributable to entrant or any entry submitted by entrant; (c) the acceptance, possession, receipt, or use of any prize or any item purchased with any prize; (d) any entries that have been tampered with or that are misdirected, incomplete, non-conforming, corrupt, lost, late, or ineligible; (e) any problems or technical malfunctions (including but not limited to errors, omissions, interruptions, deletions, defects, or delays in operation or transmission) of any computer, telephone, modem, cable, satellite, network, hardware, online system, server, software, or other equipment or provider, including any incorrect, incomplete, garbled or jumbled information resulting therefrom; (f) any Internet traffic congestion or website accessibility or delays; (g) printing or typographical errors in any Contest-related materials; or (h) any other technical or human error that may occur in connection with the Contest (the "Causes"). If anyone makes any claim against any of the Sponsor Parties arising out of or relating to any of the Causes attributable to the entrant, the entrant will pay for any damages, losses, liabilities, costs, penalties, and expenses, including without limitation attorneys' and experts' fees and costs, incurred in connection with such claim. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE SPONSOR PARTIES SHALL NOT BE LIABLE FOR ANY LOST PROFITS OR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE CONTEST, HOWSOEVER CAUSED, WHETHER ARISING IN STATUTE, TORT, CONTRACT, OR OTHER LEGAL THEORY, AND ALL SUCH DAMAGES ARE HEREBY DISCLAIMED AND EXCLUDED.
Misconduct: The Sponsor reserves the right, at its sole discretion, to disqualify any Entrant who (a) tampers with the member registration or Contest entry process, the operation of the Contest, the Sponsor Site, or affiliated web sites; (b) acts in an unsporting or disruptive manner, or with intent to annoy or harass another person; or (c) is otherwise in violation of these Official Rules, the Policies or any applicable laws. Sponsor reserves the right to seek damages from such Entrant to the fullest extent permitted by law.
Termination: The Sponsor reserves the right to suspend, modify, or terminate the Contest at any time and for any reason in its sole discretion , including without limitation in the event of fraud, abuse, tampering, technical, administrative, financial, or other difficulties. In such cases, Sponsor will post notice on the Contest page of the Sponsor Site. Should the Contest terminate during a Contest Period but prior to selection of the winner, Sponsor will announce, on the Sponsor Site, an alternate means of awarding the prize for that Contest Period. In no event will the Sponsor have any obligation to award any prize(s) for subsequent months.
Miscellaneous: Any dispute between the Sponsor and an Entrant arising out of or relating to these Official Rules, the Contest, or any prize must be brought exclusively in the state or federal courts located in San Francisco, California, and must be brought individually, without resort to any form of class action. By entering the Contest, each entrant submits to the jurisdiction of those courts and waives any objection to those courts, whether on the basis of jurisdiction, venue, inconvenience of the forum, or otherwise. If any part of these Official Rules is held by a court of competent jurisdiction to be invalid, illegal, or otherwise unenforceable, such part will be modified by such court to the minimum extent necessary to make it enforceable while preserving to the maximum extent possible the original intent of the Sponsor, and the remaining parts of these Official Rules will remain in full force and effect. Nothing contained herein or in any of the Contest materials should be construed as an endorsement by Sponsor of any third party, product or service.
Winner's List: The names of the winners for each month will be posted on a dedicated page of the Sponsor Site. The names of the winners for any month also may be obtained by mailing a written request, along with a self-addressed stamped envelope, to:
Winner's List - Mac OS X Hints Monthly Hints Contest - [month and year]
Mac Publishing LLC
501 Second Street
San Francisco, CA 94107
Sponsor's telephone number is (415) 243-0505. Please call the above number or write to email@example.com to ask any questions about the Contest.
Intellectual Property: These Official Rules, the Sponsor Site, and all other Contest-related materials and code are copyright of the Sponsor. Copying or unauthorized use of any copyrighted materials, trademarks, or any other intellectual property without the express written consent of the owner is strictly prohibited.
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