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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 register at no charge with the IBM DeveloperWorks Solution Center through DevX.com at http://cp.jupiterweb.com/goto.php/IBMdWipodgiveaway. Upon submission you will be redirected to the IBM developerWorks website. 2. WHO CAN PARTICIPATE? The IBM developerWorks iPod 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. Are not employees of the Federal Government, Jupitermedia, IBM and any of their respective affiliates or subsidiaries, and members of their immediate family or same household (whether related or not). 3. AGREEMENT TO OFFICIAL RULES. By participating in the IBM developerWorks iPod Giveaway you agree to be bound by these Rules. In addition, you may be required to click an "I accept" 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 forms. 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 IBM developerWorks iPod Giveaway begins on Wednesday, November 30, 2005 at 05:00 p.m., Pacific time ("Start Date"), and ends on December 31, 2005 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 IBM developerWorks iPod Giveaway you must complete the following steps: 5.1. First you must register for the IBM developerWorks iPod Giveaway at http://cp.jupiterweb.com/goto.php/IBMdWipodgiveaway. 5.2. After submitting your contest form, you will be re-directed to IBM developerWorks website. 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. Thirty (30) Prizes will be awarded through random drawings held on or about January 31, 2006 ("Drawing Date") conducted under the supervision of Jupitermedia, whose decisions are final. Odds of winning depend on the number of completed, proper Entries received. 8. WINNERS. Winners will be notified by email. Disqualification and 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. PRIZES. Based on the criteria and qualifications noted above, the following prizes will be awarded: 9.1 Prize: Apple iPod 30GB ("Prize"), awarded to each of thirty (30) Prize winners. All Prizes are 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 or Prizes or cash equivalent is permitted by Winners. 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. Prizes will be mailed to the address provided by each winner. 9.4. Allow 4 to 6 weeks for receipt of a Prize. 9.5. Lost or stolen Prizes will not be replaced. 10. PRIVACY. 10.1. Notice and Disclosure. In order to participate in the IBM developerWorks iPod Giveaway, you must provide contact information and other information that personally identifies each 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 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 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 Prizes in accordance with the judging criteria from among the Entries received to 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 communications 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, IBM, 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, 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, from 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) under no circumstances will Participant be permitted to obtain awards for, and 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. WINNERS LIST. The names of the prize winners may be obtained after January 31, 2006 and no later than March 1, 2006 by sending a request for the Giveaway winners list together with a self-addressed stamped envelope to: Jupitermedia Corporation, Attn: IBM developerWorks iPod Giveaway Winners 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: IBM developerWorks iPod 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: ibmdwipodgiveaway@jupitermedia.com. |
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