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Internet.com iPod Touch Giveaway

Internet.com iPod Touch Giveaway Rules

THE CONTEST IS INTENDED FOR PRESENTATION IN THE UNITED STATES ONLY AND IS VOID WHERE PROHIBITED. DO NOT PROCEED IF YOU ARE NOT A RESIDENT OF THE UNITED STATES. NO PURCHASE IS NECESSARY TO ENTER OR WIN. OFFICIAL RULES ("Rules"):

1. NO PURCHASE NECESSARY. You do not need to purchase anything in order to enter the Giveaway. To submit an entry for the Giveaway, you will need to agree to these rules and register (at no charge) to become a member of Internet.com. Existing Internet.com members are also allowed to submit an entry for the Giveaway.

2. WHO CAN PARTICIPATE? The Internet.com iPod Touch Giveaway is open only to individuals who, as of their entry submission date, meet each of the following criteria:

2.1. You must have attained the age of majority in the jurisdiction of your residence;

2.2. You must be a legal resident of, and be physically located within the United States; and

2.3. You must not be an employee of the Federal Government, Jupitermedia, and any of their respective affiliates or subsidiaries, or members of their immediate family or same household (whether related or not).

3. AGREEMENT TO OFFICIAL RULES. By participating in the Internet.com iPod Touch Giveaway you agree to be bound by these Rules. In addition, you may be required to check the box next to the "I agree to the rules of this contest" acknowledgement as further confirmation of your acceptance of these rules when you submit your Entry. Winners may be required to sign and return an affidavit of eligibility, and a liability/publicity release form. If you object to or do not agree with any of these Rules, please do not participate in the Giveaway.

4. WHEN TO PARTICIPATE. The Internet.com iPod Touch Giveaway begins on Thursday, November 1, 2007 at 05:00 p.m., Pacific time ("Start Date"), and ends on December 31, 2007 at 11:59:59 p.m. Pacific time ("Expiration Date"). Entries must be received during these dates and times. Entries received prior to the Start Date or after the Expiration Date will not be considered.

5. HOW TO PARTICIPATE. In order to participate in the Internet.com iPod Touch Giveaway you must complete the following steps:

5.1. If you are not currently registered as a member of Internet.com, you will be taken to a landing page (http://www.devx.com/Contest/HTML/35674) where there is a link to view these Rules. The landing page also has a "click here" link that leads the visitor to the Internet.com registration page at http://member.internet.com/index.php. If you are already a member of Internet.com, you may also enter for a chance to win. Please click on the log in link listed on the landing page, login to Internet.com and follow the steps described after 5.3.

5.2. After clicking on the "click here" link, you will be able to register for your free membership at http://member.internet.com/index.php. Please note that all required fields must be filled out in order for your registration to be successful, and valid email and mailing addresses must be provided in order to activate your membership and have the Prize shipped to the correct location.

5.3. Once registration information is submitted, you need to activate your membership by clicking on the "Activate Account" link in your confirmation email. You must confirm your membership to qualify for the contest.

5.4. A new page with a link to the contest rules will be shown. In order to enter the contest, please check the box next to "I agree to the rules of this contest" and click on the "Submit" button.

5.5. After submitting your agreement to the rules, you will be re-directed to a Thank You page where you may tell a friend about this contest.

6. PROPER FORM FOR ENTRIES. To be considered, your Entry must comply with the following:

6.1. Only one (1) Entry per person. All other entries will be disqualified. In the event of a dispute regarding the identity of the person making the submission, the Entry will be deemed submitted by the person in whose name the Email Address is registered. Entries will not be acknowledged or returned. Once submitted, Participants shall make no changes to their Entries. Entries that are incomplete, late, lost, misdirected, illegible, improperly submitted, or that contain certain viruses, worms or other harmful content, or that do not conform to the Rules in any respect will not be considered.

7. THE DRAWING. One (1) Prize will be awarded through random drawing held on or around January 31, 2008 ("Drawing Date") conducted under the supervision of Jupitermedia, whose decisions are final. Odds of winning depend on the number of completed, valid Entries received.

8. WINNER. Winner will be notified by email. Disqualification and subsequent selection of an alternate winner may result from:

8.1. The failure of a potential winner to respond to notification within ten (10) days after email transmission of notification of winning the Giveaway,

8.2. The return of the email transmission as undeliverable after three (3) attempts,

8.3. The return of any other communication or Prize as undeliverable, or

8.4. Other non-compliance with the Rules.

9. PRIZE. Based on the criteria and qualifications noted above, the following prize will be awarded:

9.1 Prize: Apple iPod Touch 8GB ("Prize"), awarded to one (1) Prize winner. The Prize is awarded "AS IS" and without warranty of any kind, express or implied (including without limitation, any implied warranty of merchantability or fitness for a particular purpose). No substitution, assignment, exchange or transfer of Prize or cash equivalent is permitted by Winner.

9.2. Payment of all taxes and other fees that may be levied upon or applied to a Prize is solely the winner's responsibility.

9.3. Prize will be mailed to the address provided by each winner.

9.4. Allow 4 to 6 weeks for receipt of Prize.

9.5. Lost or stolen Prize will not be replaced.

10. PRIVACY.

10.1. Notice and Disclosure. In order to participate in the Internet.com iPod Touch Giveaway, you must provide contact information and other information that personally identifies you as a Participant in the Giveaway (collectively, "Contact Information"). If you opt not to provide us with the requested Contact Information, your Entry will not be eligible for the Giveaway. Privacy: By entering the Giveaway, you agree to Jupitermedia Corporation's use of your personal information as described in the Jupitermedia Corporation Privacy Policy, located at http://www.jupitermedia.com/corporate/privacy/privacypolicy.html.

10.2. Winner's Consent. Participation in the Giveaway constitutes winner's consent to Jupitermedia's use of winner's name, likeness, voice, opinions, biographical information and state/country of residence for promotional purposes in any media without further payment or consideration.

11. GENERAL CONDITIONS. The following general conditions apply to the Giveaway:

11.1. Void Where Prohibited; Disqualification. The Giveaway is void where prohibited, taxed, regulated or where registration is required. All federal, state, provincial and local laws and regulations apply. We reserve the right to disqualify the Entry of any Participant suspected of attempting to disrupt the Giveaway and may prosecute or seek other legal action against such Participant.

11.2. Cancellation. We also reserve the right to cancel, suspend or modify the Giveaway if fraud, virus or other technical problem or any other factors beyond our reasonable control in any way interferes or corrupts the administration, security or proper administration of the Giveaway. If we cancel the Giveaway, we will award the Prize in accordance with the judging criteria from among the Entries received through the cancellation date. Failure to enforce a remedy shall not constitute a waiver of the future right to enforce the remedy.

11.3. Prohibition on Automated Entries. Any use of automated or programmed methods of effecting Entries on-line is prohibited.

11.4. Viruses and User Precautions. We are not responsible for communication errors, viruses, worms, or other contaminants that may affect or damage your computer system or data while participating in the Giveaway.

11.5. Release. Except where prohibited, by making an Entry, Participant releases and holds harmless Jupitermedia and its subsidiaries, affiliates, and their shareholders, directors, officers, employees and agents and the judges (the "Released Parties") from and against any claim or cause of action arising out of participation in the Giveaway, human or technical errors, or receipt or use of any prize. IN NO EVENT WILL JUPITERMEDIA, THEIR LICENSEES, AND OR THEIR AFFILIATES, SUBSIDIARIES AND RELATED COMPANIES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, 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 THE GIVEAWAY.

11.6. Disclaimer of Sponsor Responsibility. Except where prohibited, by making an Entry, Participant agrees that the Released Parties are not responsible for: (a) any incorrect or inaccurate information, whether caused by the Participant or printing errors; (b) unauthorized human intervention in any part of the Giveaway; (c) technical or human error which may occur in the administration of the Giveaway or the processing of Entries; or (d) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, by the Participant's participation in the Giveaway or receipt, use or misuse of any prize.

11.7. Exclusive Forum for Disputes; Choice of Law. Except where prohibited, by making an Entry, Participant agrees that: (a) any and all disputes, claims and causes of action arising out of or connected with the Giveaway or any prize awarded, other than the administration of the Giveaway or the determination of winners, shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate state or federal court located in Fairfield County, CT, USA; (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Giveaway, but in no event attorneys' fees; and (c) Participant 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. All issues and questions concerning the construction, validity, interpretation and enforceability of these Rules, or the rights and obligations of Participant and Sponsor in connection with the Giveaway, shall be governed solely by, and construed exclusively in accordance with, the laws of State of Connecticut, without giving effect to any choice of law or conflict of law rules (whether of the State of Connecticut or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than State of Connecticut.

12. WINNER LIST. The names of the prize winner may be obtained after January 31, 2008 and no later than March 1, 2008 by sending a request for the Giveaway winner list together with a self-addressed stamped envelope to: Jupitermedia Corporation, Attn: Internet.com iPod Touch Giveaway Winner List, 150 Executive Park Blvd., Suite 4100, San Francisco, CA 94134.

13. OFFICIAL RULES. To obtain a copy of these Rules, please print this page or send a request for the Giveaway Rules together with a self-addressed stamped envelope to: Jupitermedia Corporation, Attn: Internet.com iPod Touch Giveaway Rules, 150 Executive Park Blvd., Suite 4100, San Francisco, CA 94134. Vermont residents, or other residents where permitted, may omit return postage. Requests received after the Expiration Date will not be honored.

14. CONTACT US. You may contact us at the e-mail address below with questions or comments concerning these Rules, the program Entry specifications, or other Giveaway-related issues: internetipodtouchgiveaway@jupitermedia.com.

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