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Rational Video Challenge Giveaway Official RulesNO PURCHASE IS NECESSARY TO ENTER OR WIN. OFFICIAL RULES ("Rules"). VOID WHERE PROHIBITED 1. NO PURCHASE NECESSARY. You do not need to purchase anything in order to enter the Rational Video Challenge Giveaway (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 Rational Video Challenge 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 not be an employee of either Jupitermedia Corporation or IBM 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 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 Giveaway" 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 Giveaway begins on Wednesday, December 03, 2008 12:01 a.m., Pacific Time ("Start Date"), and ends on Wednesday, December 31, 2008 at 11:59 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 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/ibm/Link/37503) 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 paragraph 5.3 of these Rules. 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, a valid email and mailing addresses must be provided in order to activate your membership and have the Prize shipped to the correct location in the event you are a Winner. 5.3. A new page with a link to the Rules will be shown. In order to enter the Giveaway, please check the box next to "I agree to the rules of this contest" and click on the "Submit" button. 5.4. After submitting your agreement to the Rules, you will be re-directed to a Thank You page. 6. ENTRY. To be entered into the Giveaway, click on http://www.devx.com/ibm/HTML/37489 and watch all five Rational Video Challenge videos and complete the Giveaway submission page following the fifth video and submit ("Entry"): 6.1. Only one (1) Entry per person ("Entrant" or "you"). 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 on internet.com. Entries will not be acknowledged or returned. 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 first 100 people to complete the Rational Video Challenge and complete the registration page following the fifth video will win one 128 MB Flash Thumb Drive each ("Giveaway Prize") which will be provided and fulfilled by IBM. Only the first 100 people to complete the Rational Video Challenge and the Giveaway registration submission are eligible to win one of the Giveaway Prize ("Winner(s)"). 8. WINNER. Each Winner will be notified by IBM via email (on a rolling basis, but in no event will notice be made later than February 29, 2009. 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 Giveaway Prize as undeliverable, or 8.4. Other non-compliance with the Rules. 9. GIVEAWAY PRIZE CONDITIONS. Based on the criteria and qualifications noted above, the following prize will be awarded: 9.1 Prize: One (1) 128 MB Flash Thumb Drive ("Prize"), with an approximate retail value of eighteen dollars each ($18.00 USD), awarded to each of one hundred (100) Prize winners. 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. All Prizes will be awarded, provided a sufficient number of qualified eligible Entries are received. Should a Winner decline a Giveaway Prize for any reason whatsoever, the next-eligible Entry will be deemed the winner of that Giveaway Prize. All Giveaway Prize consideration will be awarded solely to the officially registered Entrant. 9.2. Payment of all taxes and other fees not explicitly listed herein that may be levied upon or applied to a Giveaway Prize is solely the Winner's responsibility. Giveaway Prizes may be subject to U.S. withholding taxes and non-U.S. winners (if any) may be required to complete an IRS W8-BEN. Jupitermedia Corporation and IBM reserve the right to substitute a prize of equal or greater value if entire Giveaway Prize or a portion of the advertised Giveaway Prize is unavailable for any reason. 9.3. Giveaway Prize(s) will be mailed to the address provided by each winner. 9.4. Allow 2 to 3 weeks for receipt of Giveaway Prize upon receiving winning notification. Giveaway Prize will be mailed directly from IBM Corporation. 9.5. Lost or stolen Giveaway Prize will not be replaced. 9.6 By accepting a prize, Winner agrees to release and hold harmless IBM and Jupitermedia Corporation, and their respective licensees, parents, affiliates, and subsidiaries and their respective directors, officers, employees, representatives and agents from any and all liability for any injuries, loss or damage of any kind to person, including death, and property, arising in whole or in part, directly or indirectly, from acceptance, possession, use or misuse of a gift, or participation in this Giveaway. 10. PRIVACY. 10.1. Notice and Disclosure. In order to participate in the Rational Video Challenge Giveaway, you must provide contact information and other information that personally identifies you as a Entrant 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, as well as the use of such information by IBM Corporation. 10.2. Winner's Consent. Participation in the Giveaway constitutes Winner's consent to Jupitermedia Corporation's and or IBM'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 Entrant suspected of attempting to disrupt the Giveaway and may prosecute or seek other legal action against such Entrant. 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 either Jupitermedia Corporation or IBM cancel the Giveaway, Giveaway Prizes 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. 11.3. Prohibition on Automated Entries. Any use of automated or programmed methods of effecting Entries on-line is prohibited and use of such instrumentalities to submit and Entry will be disqualified 11.4. Internet: If for any reason this Giveaway 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 Sponsor and Administrator which corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Giveaway, IBM and Jupitermedia Corporation reserve 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 Giveaway and select Winners using all eligible, non-suspect Entries received as of the date of termination. and Jupitermedia Corporation assume 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. and Jupitermedia Corporation are 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 participant's or any other person's computer relating to or resulting from participation in this contest or downloading any materials in this Contest. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, IBM AND JUPITERMEDIA CORPORATION RESERVE THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON (S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. 11.5. Release. Except where prohibited, by making an Entry, Entrant releases and holds harmless IBM Corporation and Jupitermedia Corporation and their 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 IBM CORPORATION OR JUPITERMEDIA CORPORATION, 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, 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 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 Entrant'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 Entrant and Jupitermedia Corporation and IBM 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 29, 2009 but no later than February 28, 2009, by sending a request for the Giveaway Winner list together with a self-addressed stamped envelope to: Jupitermedia Corporation, Attn: The Rational Video Challenge 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 the Rational Video Challenge 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: rationalquestgiveaway@jupitermedia.com SPONSOR: The Sponsor of this Giveaway is IBM Corporation, ADMINISTRATOR: Jupitermedia Corporation, 23 Old Kings Highway South, Darien, CT 06820 |