2006 Best Hints Contest: Official Rules

  1. General Conditions: The 2006 Best Hints Contest (the "Contest") is sponsored by Mac Publishing, LLC (the "Sponsor"). Those who enter the Contest (each, an "Entrant") agree to abide by the terms of these Official Rules and by the decisions of the Sponsor relating to the Contest, which are final and binding in all respects. The Contest shall be governed by these Official Rules and the laws of the State of California and applicable U.S. federal law, without regard to any conflicts of laws principles. The Contest is void where prohibited by law. The Contest is also governed by the Sponsor's Terms of Service, Privacy Policy, and other policies (collectively, the "Policies") pertaining to the Web site (the "Sponsor Site"), although these Official Rules will govern any conflict between any of the Policies and these Official Rules.

  2. Who Can Enter: Any natural person age 18 or older may enter the Contest. The editors of the Sponsor Site, officers, directors, employees and independent contractors of the Sponsor, or its parents, subsidiaries, affiliates, divisions, agents, or advertising or promotion agencies, and any other person or entity involved with the design, production, execution, or distribution of the Sponsor Site or the Contest and any immediate family member (or person living in the household) of any of the foregoing are not eligible to participate or win.

  3. How to Enter: The Contest includes a drawing for a first, second, and third prize each calendar month for a total of three (3) months. The first month begins at 12:00 a.m. Pacific Time (PT) on July 1, 2006 and the last month ends at 11:59 p.m. PT on September 30, 2006. No fee or purchase of any kind is required to enter or win. Entrants may enter the Contest only by submitting a hint via the submission page; each submission that includes a valid e-mail address, meets's usual criteria for publication and is published on the Sponsor Site during the Contest period will be a valid Contest entry (an "Entry"). Only those Entries that appear on the Sponsor Site by 11:59 p.m. PT on the last day of the applicable calendar month will be eligible for that month's prizes. Entries received or published after 11:59 p.m. PT on the last day of the third and final month will be disqualified.

  4. Entries: Each Entry must describe a hint for use of the Mac OS® X operating system, software applications that run it, or hardware that uses it. Entries must be in English. Each Entrant who submits an Entry in the Contest must be the creator of the hint included in the Entry, and each Entry must include a valid e-mail address. 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. 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.

  5. How to Win: One first, one second, and one third prize winner will be selected each month from the Finalists for that month. The winners will be chosen by the editors of the Sponsor Site and of (the "Judges") during the two weeks following each month's Contest Period (the "Evaluation Period"). Winning Entries will be selected by having each Judge 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 clarify of the hint, and the ease of use of the hint.) The Judges' scores will be averaged, and the Entries with the three highest average scores will be the first, second and third prize winners. 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. The winners for each month will be posted on the Sponsor Site on or around the first business day following the conclusion of the Evaluation Period of that month.

  6. Prizes: The total approximate retail value of all prizes to be given away in the Contest is $1820.73. Each month, the first, second, and third prize winner will receive one of the following: 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.

  7. Winner Notification: Winners will be notified via e-mail approximately two (2) business days after the winners have been selected. Each Winner may be requested 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. Each Winner will need to provide full mailing address information to the Sponsor for the purpose of receiving his or her prize. Each Winner also may be asked to verify his or her Social Security number or tax identification number. Each winner must take possession of the applicable prize in the manner directed by Sponsor. Failure by any winner to comply with any of the foregoing may result in disqualification and the selection of an alternate winner by Sponsor.

  8. 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.

  9. Release: By entering the Contest, each Entrant releases and holds harmless the Sponsor, its advertising and promotion agencies, the prize manufacturers, each of their respective parents, subsidiaries, and affiliates, and each of their respective officers, directors, employees, agents, and representatives from any and all damages, losses, liabilities, costs, or expenses of any kind arising out of or resulting from: (a) any violation by Entrant of these Official Rules; (b) the Contest or any Entry; (c) the acceptance, possession, receipt, or use of any prize; (d) any incorrect, incomplete, or garbled information caused by any technical or human error that may occur in the operation of the Contest, including without limitation printing or typographical errors in any Contest materials; (e) any problems or technical malfunctions (errors, omissions, interruptions, deletions, defects, or delays in operation or transmission) of any computer, telephone, modem, online system, server, or other communications equipment or provider; (f) any failure of e-mail on account of Internet traffic congestion or otherwise (proof of transmission does not constitute proof of delivery); and (g) any Entry, e-mail, or other material or correspondence that has been tampered with or that is stolen, misdirected, incomplete, lost, late, non-conforming, ineligible, or damaged. ALL PRIZES ARE GIVEN AWAY BY THE SPONSOR "AS IS." THE SPONSOR DOES NOT MAKE AND HEREBY DISCLAIMS ANY WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY (INCLUDING WITHOUT LIMITATION IMPLIED AND STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT) WITH REGARDS TO ANY PRIZE(S) OR PORTION(S) THEREOF.

  10. Misconduct: The Sponsor reserves the right, at its sole discretion, to disqualify any Entrant who (a) tampers with the 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 or the Policies. Any attempt by an Entrant to commit any of the acts of misconduct set forth in this section may be a violation of civil and criminal law and the Sponsor reserves the right to seek damages from such Entrant to the fullest extent permitted by law.

  11. Termination: The Sponsor reserves the right, at its sole discretion, to suspend, modify, or terminate the Contest at any time. If, at any time, the Sponsor is unable to operate the Contest during any month as planned (e.g., without limitation, due to financial or administrative difficulties, fraud or technical failures such as a computer virus, bug, or other form of unauthorized intervention that corrupts the administration, security, fairness, integrity, or proper conduct of this Contest), the Sponsor may, in its sole discretion, to suspend, modify, or terminate the Contest for that month or indefinitely. Should the Contest ever be terminated, notice will be given on the Sponsor Site and the Sponsor will make alternate arrangements to award any prize offered during the month in which the Contest is terminated. In no event will the Sponsor have any obligation to award any prize(s) for subsequent months.

  12. Use of Winners' Information: By entering the Contest, each Entrant grants to the Sponsor the right to use and publish the Entrant's name, hint, and state of residence, along with any other information in the winning Entry, both electronically (for example, on the Internet) and in print, in connection with the Contest at any time, except to the extent prohibited by law and unless the Entrant has sent to the Sponsor a specific request in writing instructing the Sponsor not to publish the Entrant's name and state of residence. By accepting a prize, each winner acknowledges and agrees to the use by the Sponsor, without additional compensation, of his or her name, likeness, and hint for purposes of advertising, trade, and promotion, except to the extent prohibited by law. In addition, the Sponsor reserves the right to use any and all information related to the Contest, including information on Entrants received through the Contest, in any manner permitted by the Policies.

  13. 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 the Sponsor and each Entrant irrevocably waive any objection to the venue and jurisdiction of such courts. 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.

  14. 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 -- 2006 Best Hints Contest
    Mac Publishing LLC
    501 Second Street
    San Francisco, CA 94107
    (415) 243-0505

    Please call the above number or write to to ask any questions about the Contest.

  15. 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.

Mac OS X Hints