INTERNET.COM iPOD TOUCH SWEEPSTAKES RULES
OFFICIAL RULES
1. NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING the Internet.com iPod Touch Sweepstakes ("Sweepstakes"). To submit an entry for the Sweepstakes, you will need to agree to these Official Rules ("Rules") and register (at no charge) to become a member of Internet.com. Existing Internet.com members are also permitted to submit an entry for the Sweepstakes.
2. ELIGIBILITY. This Sweepstakes is open only to LEGAL RESIDENTS OF THE FIFTY UNITED STATES AND THE DISTRICT OF COLUMBIA AGED 18 YEARS OR OLDER (hereinafter referred to as "Entrant" or "you" or "your"). Employees of WebMediaBrands Inc., their affiliates, subsidiaries, advertising, promotion and internet agencies and their immediate family members and/or those living in the same household of each are not eligible. All federal, state, and local laws and regulations apply. VOID OUTSIDE THE UNITED STATES AND WHERE PROHIBITED BY LAW.
3. AGREEMENT TO OFFICIAL RULES. By participating in the Sweepstakes 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 Sweepstakes" acknowledgement as further confirmation of your acceptance of these Rules when you submit your entry. The potential Winner will be required to complete and return an Affidavit of Eligibility, Release of Liability, Prize Acceptance Form and, if legally permissible, a Publicity Release. If you object to or do not agree with any of these Rules, please do not participate in the Sweepstakes.
4. SWEEPSTAKES PERIOD. The Sweepstakes begins on October 12, 2009 at 3:00 p.m., Eastern time ("Start Date"), and ends on December 16, 2009 at 3:00 p.m. Eastern time ("Expiration Date") (the "Sweepstakes Period"). 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 ENTER. Acceptable methods of entry: Entrants are permitted to enter the Sweepstakes through any and all multiple methods of entry as provided below (each considered an "entry") with no limit on the number of entries into the Sweepstakes:
a. Complete Sweepstakes Entry: If you are not currently a member of Internet.com register at www.internet.com, at no charge. If you are already a member simply login using your user name and PIN. During the Sweepstakes Period, visit the Sweepstakes landing page and follow the onscreen instructions to enter the Sweepstakes. In order to enter the Sweepstakes, please check the box next to "I agree to the Rules of this Sweepstakes" and answer any required questions. By clicking submit, you will receive one (1) entry into the Sweepstakes. Limit: Only one (1) entry per person through this method.
b. Complete Other Sweepstakes or Contest Entries hosted or sponsored by Internet.com during the Sweepstakes Period: During the Sweepstakes Period, enter any other Internet.com contest or sweepstakes. Once you successfully complete the online entry process for the respective contest or sweepstakes, you may click on the link to go to a landing page where you will be able to enter the Sweepstakes and which will have a link to the Sweepstakes Rules. In order to enter the Sweepstakes, please check the box next to "I agree to the Rules of this Sweepstakes" and answer any required questions. By clicking submit, you will receive one (1) additional entry into the Sweepstakes. Limit: one (1) additional entry into the Sweepstakes per each Internet.com sweepstakes and contest you enter during the Sweepstakes Period. This method does not apply to the entry of this Sweepstakes.
c. Download Internet.com eBooks, whitepapers or webcasts: During the Sweepstakes Period, download any eBook, whitepaper, webcast or content (at no cost) requiring a current Internet.com membership for access (at no cost). Once you successfully complete the download process you may click on the link to go to a landing page where you will be able to enter the Sweepstakes and which will have a link to the Sweepstakes Rules. In order to enter the Sweepstakes, please check the box next to "I agree to the Rules of this Sweepstakes" and answer any required questions. By clicking submit, you will receive one (1) entry into the Sweepstakes per unique download. A unique download is defined as a distinct content item located at a unique URL (One entry per each unique URL, i.e., you will only get one entry even if you download the same content item more than once). Limit: There are no limits to the number of unique downloads for each Entrant.
d. Refer-A-Friend: During the Sweepstakes Period, upon completion of your entry into Sweepstakes through the methods listed above, you will be automatically re-directed to a Thank You page where you may refer a friend to this Sweepstakes (each referral shall be referred to herein as a "Referred Friend"). By referring a friend, you may be eligible for additional entries into this Sweepstakes. To receive your additional entries in the Sweepstakes, the Referred Friend must successfully register as a member of Internet.com (at no charge) if not already an Internet.com member and complete the Sweepstakes entry process at the URL provided in the referral email. Limit: You will be entitled only to one (1) additional entry per Referred Friend. There are no limits to the number of Referred Friends you may refer to the Sweepstakes. If you are a Referred Friend by entering the Sweepstakes via the URL provided, your friend will receive one additional entry into the Sweepstakes.
All required fields must be filled out in order for your Sweepstakes registration to be successful, a valid email and mailing addresses must be provided in order to activate your Internet.com membership. 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 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.
6. WINNER SELECTION. One (1) Prize (defined in Section 8 below) will be awarded through a random drawing ("Winner") held on or about January 5, 2010 ("Drawing Date") conducted under the supervision of WebMediaBrands Inc., whose decisions are final. Odds of winning depend on the number of completed, valid entries received. Winner will be notified by e-mail or in the alternative by phone. The Prize will be awarded, provided a sufficient number of qualified eligible entries are received.
7. WINNER. Winner will be notified by phone/ email and or mail. Sponsor's inability to contact a potential Winner within a reasonable time period or noncompliance with these Rules may result in disqualification and, at Sponsor's discretion, an alternate may be chosen in a random drawing of all remaining eligible entries. Disqualification and subsequent selection of an alternate Winner may result from: (i) the failure of a potential Winner to respond to notification within five (5) days after email transmission of notification of winning the Sweepstakes; (ii) the return of the email transmission as undeliverable after three (3) attempts, (iii) the return of any other communication or Prize as undeliverable, (iv) non-compliance with the Rules; and/or (v) failure of the potential Winner to sign and return Affidavit of Eligibility, Liability/Publicity release (where legal) within five (5) days of date of notification. The Winner will be provided an IRS Form 1099 for the fair market value of the Prize and shall be required to provide, to Sponsor, his/her Social Security number for tax reporting purposes.
8. PRIZE. One (1) iPod Touch 64GB ("Prize"). Approximate Retail Value ("ARV") of Prize: $399.00. 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). The Prize is non-transferable. No substitutions, assignment, exchange or cash redemptions or cash equivalents are permitted by Winner. Winner may waive their right to receive the Prize. If waived or forfeited, the Prize will be awarded to a substitute winner drawn in a random drawing from among all remaining eligible entries. Sponsor reserves the right to substitute a prize of equal or greater value for any reason. The depiction of the Prize in any advertising or promotional materials may not reflect the actual Prize delivered to the Winner. Lost or stolen Prize will not be replaced. Prize may be subject to U.S. withholding taxes.
9. PRIVACY.
9.1. Notice and Disclosure. In order to participate in the Sweepstakes, you must provide contact information and other information that personally identifies You as a Entrant in the Sweepstakes (collectively, "Contact Information"). If you opt not to provide us with the requested Contact Information, your entry will not be eligible for the Sweepstakes. Privacy: By entering the Sweepstakes, you agree to WebMediaBrands Inc.'s use of your personal information as described in the WebMediaBrands Inc. Privacy Policy, located at http://www.webmediabrands.com/corporate/privacy/privacypolicy.html.
9.2. Winner's Consent. Except where prohibited by law, participation in the Sweepstakes as well as acceptance of a Prize constitutes Winner's consent and permission for Sponsor and/or their designees to use the Winner's name address, photograph, testimonial or other likeness and/or prize information or personal exposition (and/or any edited portion thereof), and biographical information for promotional, advertising and/or publicity purposes in any media, now or hereafter known throughout the world in perpetuity, without compensation or notice to, or further consent of, to the Winner.
10. GENERAL CONDITIONS. The following general conditions apply to the Sweepstakes:
10.1. Void Where Prohibited; Disqualification. The Sweepstakes is void where prohibited, taxed, or 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 Entrant suspected of attempting to disrupt the Sweepstakes and may prosecute or seek other legal action against such Entrant.
10.2. Cancellation. WebMediaBrands Inc. reserves the right to cancel, suspend or modify the Sweepstakes 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 Sweepstakes. If WebMediaBrands cancels the Sweepstakes, the Prize will be distributed in accordance with 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.
10.3. Prohibition on Automated Entries. Any use of automated or programmed entry device methods, effecting entries on-line is prohibited and use of such instrumentalities to submit and entry will be disqualified. Any attempts to access and enter the Sweepstakes via a bot script or other brute-force attack will result in that IP / e-mail address becoming ineligible for the entire Sweepstakes. Entries will not be acknowledged or returned.
10.4. Internet. If for any reason this Sweepstakes is not capable of running as planned due to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, uploads of malicious files or viruses, or any other causes beyond the control of WebMediaBrands Inc. which corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Sweepstakes WebMediaBrands Inc. reserves the right to disqualify any entry or any individual who tampers with the entry or voting process, and to cancel, terminate, modify or suspend the Sweepstakes and select a Winner using all eligible, non-suspect entries received as of the date of termination. WebMediaBrands Inc. assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries. WebMediaBrands Inc. is not responsible for any problems or technical malfunction of any telephone network or telephone lines, computer on-line systems, servers, or providers, computer equipment, software, failure of any e-mail or entry to be received on account of technical problems, human error or traffic congestion on the Internet or at any Web site, or any combination thereof, including any injury or damage to entrant's or any other person's computer relating to or resulting from participation in this Sweepstakes or downloading any materials in this Sweepstakes. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, WEBMEDIABRANDS INC. RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON (S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.
10.5. Release of Liability. Except where prohibited, by making an entry, all Entrants including the Winner releases and holds harmless WebMediaBrands Inc. 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, or liability arising from or out of participation in the Sweepstakes, or acceptance or use of the Prize, including human or technical errors, receipt or use of any Prize, personal injury, death, damages, or monetary loss, and the risks of travel for prize delivery. IN NO EVENT WILL WEBMEDIABRANDS INC., ITS 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 SWEEPSTAKES. Entrants agree to release, defend, indemnify and hold harmless Released Parties from and against, and accept all responsibility of any kind, including but not limited to financial, for any liability, claims, losses, damages or proceedings, including but not limited for death, (including reasonable attorneys' fees) relating to any actions taken by a Entrant, in participation of the Sweepstakes. Entrant also agrees to release, defend, indemnify and hold harmless the Released Parties from any and all liability, claims, losses, damages or proceedings, including but not limited for death (including reasonable attorneys' fees) relating to Prizes and any other matter in connection with a Entrant's participation in the Sweepstakes or Sponsor or its designees.
10.6. Disclaimer of Sponsor Responsibility. Except where prohibited, by making an entry, Entrant agrees that the Released Parties are not responsible for: (a) any incorrect or inaccurate information, whether caused by the Entrant or printing errors; (b) unauthorized human intervention in any part of the Sweepstakes; (c) technical or human error which may occur in the administration of the Sweepstakes 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 Entrant's participation in the Sweepstakes or receipt, use or misuse of any prize.
10.7. Exclusive Forum for Disputes; Choice of Law. Except where prohibited, by making an entry, Entrant, agrees that: (a) any and all disputes, claims and causes of action arising out of or connected with the Sweepstakes or any prize awarded, other than the administration of the Sweepstakes 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 Sweepstakes, but in no event attorneys' fees; and (c) 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. All issues and questions concerning the construction, validity, interpretation and enforceability of these Rules, or the rights and obligations of Entrant and WebMediaBrands Inc. in connection with the Sweepstakes, 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.
11. WINNER LIST. The name of the prize winner may be obtained after January 26, 2010 and no later than February 26, 2010 by sending a request for the Sweepstakes Winner list together with a self-addressed stamped envelope to: WebMediaBrands Inc., Attn: Internet.com iPod Touch Sweepstakes Winner List, 150 Executive Park Blvd., Suite 4100, San Francisco, CA 94134.
12. OFFICIAL RULES. To obtain a copy of these Rules, please print this page or send a request for the Sweepstakes Rules together with a self-addressed stamped envelope to: WebMediabrands Inc., Attn: Internet.com iPod Touch Sweepstakes 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.
13. 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 Sweepstakes-related issues: membersupport@internet.com
14. SPONSOR: The Sponsor of this Sweepstakes is WebMediaBrands, Inc., 50 Washington Street, 9th Floor, Norwalk, CT 06854. As of November 30, 2009, the Internet.com business of WebMediaBrands, Inc. was acquired by QuinStreet, Inc., 1051 East Hillsdale Blvd., Suite 800, Foster City, CA 94404. As a result of this acquisition, QuinStreet, Inc. assumed all of WebMediaBrands' rights and obligations under these Rules. Those entering the Sweepstakes after December 11, 2009, agree to QuinStreet, Inc.'s use of your personal information as described in the QuinStreet, Inc. Privacy Policy, located at http://www.internet.com/Internetcom/Door/41186.
15. ADMINISTRATION: This Sweepstakes is administered by WebMediaBrands Inc., 50 Washington Street, 9th Floor, Norwalk, CT 06854.
© 2009 WebMediaBrands Inc. All rights reserved.
Apple is not a participant or sponsor of this promotion.