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TERMS & CONDITIONS
iCHAPTERS.COM SWEEPSTAKES
OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR WIN THE SWEEPSTAKES. OPEN TO LEGAL RESIDENTS OF THE FIFTY (50) UNITED STATES AND THE DISTRICT OF COLUMBIA WHO ARE 18 YEARS OF AGE OR OLDER AND WHO ARE PHYSICALLY LOCATED AND RESIDE IN THE UNITED STATES OR DISTRICT OF COLUMBIA. VOID IN PUERTO RICO AND WHERE PROHIBITED.
1. ELIGIBILITY: The iChapters.com Sweepstakes (the "Sweepstakes") is open to legal residents of the fifty (50) United States and the District of Columbia, who are: physically located and residing in the 50 United States or District of Columbia, and are 18 years of age or older ("Eligible Participant"). Void in Puerto Rico and where prohibited. Employees, directors and officers, and their immediate families (spouse, parents, children, siblings, and their respective spouses), and their respective household members, of Cengage Learning ("Sponsor"), its affiliates, subsidiaries, divisions, advertising and promotion agencies and Strobe Promotions, Inc. are not eligible to enter. Promotion is subject to all federal, state, and local laws. U.S. law governs this Promotion.
2. SWEEPSTAKES TIMING/DESCRIPTION: The Sweepstakes begins at 12:00:00 am Pacific Time (PT) on August 27, 2009 and ends 11:59:59 pm PT on December 16, 2009 (the "Promotion Period"). There will be four (4) Grand Prizes awarded at the end of the Promotion Period.
3. HOW TO ENTER: To enter the Sweepstakes, go to http://livindigi.com/ and complete all required fields on the online entry form. You will be asked to submit a video telling how you currently make your school life digital and how else you could live digi. Using links provided on the entry form, you must first upload your video to YouTube: See YouTube’s Video Upload Instructions at (http://www.google.com/support/youtube/bin/answer.py?hl=en&answer=57924). After you have uploaded your video to YouTube, you will need to grab the embed code to enter it in the online entry form for this sweepstakes. See YouTube’s Sharing Instructions at (http://www.google.com/support/youtube/bin/answer.py?hl=en&answer=57788) for information on where to get the embed code. Your video should be less than 10 minutes in duration, smaller than 2GB in size and must be in an acceptable electronic format. (Complete list of formats available here: http://www.google.com/support/youtube/bin/answer.py?hl=en&answer=55744). Include on the online entry form a video title and description for your video. Video Description may be no greater than a maximum of 250 characters. Video Description must be in the English language. Entries must be received by 11:59:59 pm PT on December 16, 2009 in order to be eligible. There is a limit of one (1) entry per person/email address per day. Subsequent entries received from the same person/email address on the same day will be disqualified. Incomplete entries or entries not complying with these Official Rules are subject to disqualification. Entries that have been generated by a script, macro, bot, or any other automated means will be deemed void. Or, you may enter the Sweepstakes by U. S. Mail by printing your name, address, city, state, ZIP code, email address (optional) and daytime telephone number on a 3” X 5” card, and mailing, in an envelope with postage affixed, to: iChapters.com Sweepstakes, P. O. Box 825, Bethpage, NY 11714-0825. Mail-in entries must be postmarked by December 16, 2009 and received by December 21, 2009 in order to be eligible. Limit one entry per outer mailing envelope. Entries that are mechanically reproduced, copied, illegible, incomplete or inaccurate are void. Proof of mailing or emailing does not constitute proof of delivery. Entries become the property of the Sponsor and will not be acknowledged or returned. Sponsor has the right to remove any video from the video gallery at Sponsor’s sole discretion. Neither video nor description will be judged. Sponsor is not responsible for late, lost, incomplete, illegible, or misdirected entries. Sponsor's decisions are final on all matters relating to this Sweepstakes. If a dispute results as to the identity of an online entrant, it will be determined that the online entry was submitted by the authorized account holder of the email address from which the entry is made. For these purposes, the authorized account holder is the natural person assigned to an e-mail address by an Internet access provider, on-line service provider or other organization responsible for assigning email addresses or the domain associated with the submitted email address.
The Video and Description must be in keeping with the Sponsor’s image, and may not be offensive, nor can it defame, or invade upon the publicity rights or privacy of any person or otherwise infringe upon any person or entity’s intellectual property, personal or proprietary rights, as determined by Sponsor in their sole discretion. Each entrant must either (i) be the sole and exclusive owner of all rights (including, without limitation, all intellectual property rights) in and to all content and elements (including, without limitation, music) incorporated into or used in the Video and Description or (ii) have the express written permission to use such content and elements from the owner(s) of the rights to such content and elements. Any entrant whose Video or Description includes likenesses of third parties or contains content or elements not owned by the entrant (such as, but not limited to, depictions of buildings, songs, individual names, trademarks, or logos) must be able to provide written legal releases (in a form that is satisfactory to Sponsor) that permit the entrant to use and exploit such content and elements in the manner used and exploited and that permit Sponsor’s right to use and exploit the content and materials in accordance with these Official Rules (“IP Releases”).
Entrants may use the iChapters.com name in the Video and Description in a descriptive manner.
In the event the likeness of a minor is included in an entrant’s video, entrant must provide a legal release from the parent/legal guardian of the minor depicted in the Video.
Incomplete Entries or Entries not complying with these Official Rules are subject to disqualification. Sponsor is not responsible for late, lost, incomplete, illegible, damaged, or misdirected entries. Sponsor’s decisions are final on all matters relating to this Sweepstakes.
4. DETERMINATION OF WINNERS: Four (4) Grand Prize winners will be selected via a random drawing on or about December 22, 2009 from among all eligible entries received. The random drawing will be conducted by Strobe Promotions, Inc., the independent judging organization, located in Hicksville, NY. Potential Grand Prize winners will be notified by electronic mail and/or USPS mail and/or overnight mail on or about December 22, 2009. Judges' decisions are final and binding on all matters relating to this Sweepstakes. Potential Grand Prize winners will be required to sign an affidavit of eligibility/liability release and where legal, publicity release, and a Federal and State tax release and must return these documents, properly executed, within 7 days of issuance of notification. Non-compliance within this time frame, or if prize or prize notification is returned as undeliverable, will result in the entrant being disqualified, and the prize will be awarded to a potential alternate winner. Allow 6-8 weeks for delivery of prize. Odds of winning depend upon the number of eligible entries received for the Promotion Period. Limit one prize per person/email address.
5. PRIZES: Four (4) Grand Prizes: One Digi Life Prize Package, including, but not limited to, 10” Netbook, 2GB Lexar JumpDrive® Lightning, Livescribe Pulse™ Smartpen, Timbuk2 Bag. Approx. Retail Value (ARV): $1,250/ea. Total ARV of all prizes: $5,000. All taxes and any other costs related to the prize not specifically stated within these Official Rules are the sole responsibility of the winner. Prizes are not transferable and no substitutions or cash equivalents are permitted, except that Sponsor at its sole discretion, may substitute the prize with a prize of equal or greater value. Specifics of the prizes are in Sponsor's sole discretion. All prizes will be awarded. If winner is deemed a minor in his/her state or place of residence, prize will be awarded in the name of a parent or legal guardian. Manufacturers’ guarantees and warrantees apply.
6. GRANT OF LICENSE: By entering the Sweepstakes, entrants grant Sponsor, its agents, subsidiaries and affiliates (the “Licensees”) a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the copyright, publicity, database rights and any other rights entrant has in the Video and the Description, in any media now known or hereafter devised (including without limitation, the internet), without any compensation. Further, by entering the Sweepstakes, entrant grants Licensees the additional license to modify, adapt, translate, create derivative works from, and distribute the Video and Description (with the understanding that Licensees are under no obligation to include the Description in any uses of the Video), or incorporate the Video and the Description into any form, medium or technology, including the right, at each Licensee’s sole discretion, to publish the Video and Description and to use the Video and Description for advertising and promotional purposes. Licensees shall not be required to designate entrants as the creators or authors of Videos and Descriptions that are distributed or otherwise exploited by Licensees, or include any references to entrants on, or in connection with, any Videos and Descriptions that are distributed or otherwise exploited by Licensees.
7. REPRESENTATIONS AND WARRANTIES: Each entrant represents and warrants that: 1) he/she is the original author and creator of the Video and the Description and that the Video and Description comply with these Official Rules; 2) the Video and Description do not and will not infringe any third party’s copyright, patent, trademark, trade secret or other intellectual property or proprietary rights or rights of publicity or privacy; 3) that the Video and Description are not the subject of any actual or threatened litigation or claim; 4) the Video and Description are not obscene, offensive, libelous, pornographic, threatening, abusive, contain illegal content, or otherwise objectionable; 5) the Video and Description do not encourage a criminal offense or otherwise give rise to liability or violate any law. Entrant represents and warrants that in the event the likeness of a minor is included in an entrant’s video, he/she has provided a legal release from the parent/legal guardian of the minor depicted in Video. Entrant acknowledges that nothing herein shall constitute an employment, joint venture, or partnership relationship between entrant and Sponsor. In no way is entrant to be construed as the agent or to be acting as the agent of Sponsor in any respect.
8. CONDITIONS OF PARTICIPATION: By entering, entrants agree to be bound by these Official Rules including all eligibility requirements. Use of the Sponsor's site and Sponsor's use of information submitted by entrants in connection with this Sweepstakes will be subject to the terms and conditions stated in these Official Rules as well as to the Sponsor's Privacy Policy available on the Sponsor's website. Entries that have been generated by a script, macro, bot or any other automated means will be deemed void. By accepting a prize, winners consent to the use of their names, images, likenesses, photos, voices, and biographical materials for advertising, publicity, and promotional purposes by Sponsor, or a party designated by the Sponsor, including but not limited to any online announcements, without additional notice or compensation, except where prohibited by law. Entrants agree that any and all disputes shall be governed by the laws of the state of New York. Entrants agree that the conditions of submission set forth in these Official Rules, and all documents and agreements incorporated in these Official Rules by reference, solely govern the relationship between entrants and Sponsor in connection with this Sweepstakes.
9. LIMITATION OF LIABILITY: ENTRANTS HEREBY AGREE TO RELEASE, INDEMNIFY, AND HOLD HARMLESS CENGAGE LEARNING AND STROBE PROMOTIONS, INC. AND EACH OF THEIR RESPECTIVE AFFILIATES, SUBSIDIARIES, DIVISIONS, ADVERTISING AND PROMOTION AGENCIES, EMPLOYEES, OFFICERS, DIRECTORS, AND SHAREHOLDERS (COLLECTIVELY, THE "RELEASEES") FROM ANY CLAIMS, ACTIONS, LOSSES, LIABILITIES, COSTS, AND EXPENSES (INCLUDING BUT NOT LIMITED TO ATTORNEYS' FEES) INJURY, LOSS OR DAMAGE OF ANY KIND (COLLECTIVELY, "CLAIMS"), INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY OR DEATH, RESULTING FROM PARTICIPATING IN THIS SWEEPSTAKES OR ANY CLAIMS ARISING FROM THE ACCEPTANCE, POSSESSION, OR USE OR MISUSE OF ANY PRIZE AWARDED OR PARTICIPATION IN ANY PRIZE-RELATED ACTIVITY. THIS LIMITATION OF LIABILITY IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING (WITHOUT LIMITATION) COMPENSATORY, DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES; LOSS OF DATA, INCOME, OR PROFIT; LOSS OR DAMAGE TO PROPERTY; AND ANY CLAIMS BROUGHT BY THIRD PARTIES. PARTICIPANTS AGREE THAT SPONSOR HAS NOT MADE NOR IS IN ANY MANNER RESPONSIBLE OR LIABLE FOR ANY WARRANTY, REPRESENTATION, OR GUARANTEE, STATUTORY, EXPRESS OR IMPLIED (INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, AND FITNESS FOR A PARTICULAR PURPOSE), IN FACT OR IN LAW, RELATIVE TO THE SWEEPSTAKES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SPONSOR DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS WITH RESPECT TO SPONSOR'S SITE AND SPONSOR SHALL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS RELATED THERETO. Releasees are not responsible for lost, late, illegible, damaged, misdirected, or stolen entries or submissions, or problems of any kind, whether mechanical, technical, human, or electronic. Releasees are not responsible for technical, hardware, or software malfunctions, telephone failures of any kind, lost or unavailable network connections, inability to access a website, complete an online entry form, fraud, incomplete, garbled, or delayed computer transmissions, or inaccurate transcription of entry information, whether caused by the Sponsor, by users, or by any of the equipment or programming associated with or utilized in this Sweepstakes or by any technical or human error which may occur in the processing of submissions which may damage a user's system or limit a participant's ability to participate in the Sweepstakes. Entry materials that have been tampered with or altered are void. Sponsor reserves the right, in its sole discretion, to cancel or suspend part or all of this Sweepstakes, or modify these Official Rules at any time without notice, if in the judges' opinion there is any suspected or actual evidence of electronic or non-electronic tampering with any portion of the Sweepstakes, or if virus, bugs, non-authorized human intervention, or other causes corrupt or impair the administration, security, fairness or integrity and proper play of the Sweepstakes. In such event, Sponsor may void any entries they suspect are at issue and award prizes from among all eligible entries received up to the date of cancellation. CAUTION: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE THE WEBSITE OR ANY ONLINE SERVICE RELATED TO THIS SWEEPSTAKES OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES (INCLUDING ATTORNEYS' FEES) FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING CRIMINAL PROSECUTION. Sponsor's failure to enforce any term of these Official Rules shall not constitute a waiver of that or any other provision. Sponsor reserves the right to disqualify entrants who violate the rules or interfere with this Sweepstakes in any manner. If an entrant is disqualified, Sponsor reserves the right to terminate that entrant's eligibility to participate in the Sweepstakes. Any attempts by an individual to access any website associated with this competition via a bot script or other brute force attack or any other unauthorized means will result in the IP address and all entries from that IP address becoming ineligible.
10. WINNERS' LIST: For the names of the winners, available after January 15, 2010, mail a self-addressed, stamped envelope by January 15, 2010, to: iChapters.com Sweepstakes Winners, P. O. Box 913, Bethpage, NY 11714-0913.
11. SPONSOR & ADMINISTRATOR: The Sponsor of this Sweepstakes is Cengage Learning, 1115 Broadway, New York, NY 10010-3450. Administrator: Strobe Promotions, Inc., 535 S. Broadway, Suite 203, Hicksville, NY 11801.
©Copyright 2009 Strobe Promotions, Inc. All rights reserved. Entrants may copy these Official Rules for the sole purpose of personal use and not for any commercial purpose whatsoever.