Debix OnCall Challenge Official Rules
NO PURCHASE NECESSARY TO ENTER OR WIN. VOID WHERE PROHIBITED. VALID IN THE 50 UNITED STATES AND THE DISTRICT OF COLUMBIA ONLY.
ENTRY IN THIS CONTEST CONSTITUTES YOUR ACCEPTANCE OF THESE OFFICIAL RULES.
The Debix OnCall Challenge (the "Contest") is a contest to win a Nintendo Wii game console. To enroll in the Contest, participants must watch a short video comparing Debix OnCall Credit Monitoring to ordinary credit monitoring and vote for their preferred solution. Upon completion of the voting process, the participant is automatically enrolled in the drawing for the Nintendo Wii game console. At the end of the Contest Period, a Debix representative will draw one winning name from the full list of entries in accordance with these Official Rules.
BINDING AGREEMENT: In order to enter the Contest, you must agree to these Official Rules ("Rules"). Therefore, please read these Rules prior to entry to ensure you understand and agree. You agree that submission of an entry in the Contest constitutes agreement to these Rules. You may not submit an entry to the Contest and are not eligible to receive the prizes described in these Rules unless you agree to these Rules. These Rules form a binding legal agreement between you and Debix with respect to the Contest.
ELIGIBILITY: To be eligible to enter the Contest, you must be: (1) a legal resident of and physically located in the 50 United States or the District of Columbia; (2) 18 years of age or older and (3) have access to the Internet as of September 29, 2009. Contest is void in Puerto Rico, U.S. territories and possessions, outside of the U.S., and where prohibited by law. Employees, interns, contractors, and official office-holders of Debix, affiliates, and their respective directors, officers, employees, advertising and promotion agencies, representatives, and agents ("Contest Entities"), and members of the Contest Entities' and their immediate families (parents, siblings, children, spouses, and life partners of each, regardless of where they live) and members of the households (whether related or not) of such employees, officers and directors are ineligible to participate in this Contest. Sponsor reserves the right to verify eligibility and to adjudicate on any dispute at any time. If you are entering as part of a company or on behalf of your employer, these rules are binding on you, individually, and/or your employer. If you are acting within the scope of your employment, as an employee, contractor, or agent of another party, you warrant that such party has full knowledge of your actions and has consented thereto, including your potential receipt of a prize. You further warrant that your actions do not violate your employer's or company's policies and procedures.
SPONSOR: The Contest is sponsored by Debix Inc. ("Debix" or "Sponsor"), a Delaware corporation with principal place of business at 823 Congress Avenue, Suite 300, Austin, Texas, USA.
CONTEST PERIOD: The Contest begins at 12:00:00 A.M. Central Time (CT) Zone in the United States on September 30, 2009, and ends at 11:59:59 P.M. CT on December 31, 2009 ("Contest Period").
HOW TO ENTER: NO PURCHASE NECESSARY TO ENTER OR WIN. To enter the Contest, visit the Contest website located at www.debixoncallchallenge.com ("Contest Site") during the Contest Period and follow the instructions for completing the OnCall Challenge ("OnCall Challenge"). Participation in the OnCall Challenge requires that entry must adhere to the "OnCall Challenge Requirements," described below. LIMIT ONE (1) ENTRY PER PERSON. Subsequent entries will be disqualified. All entries must be received by 11:59 p.m. (CT) on December 31, 2009. Entries are void if they are in whole or part illegible, incomplete, damaged, altered, counterfeit, obtained through fraud, or late. All entries will be deemed made by the authorized account holder of the email address submitted at the time of entry, and the potential winner may be required to show proof of being the authorized account holder for that email address. The "authorized account holder" is the natural person assigned to an email address by an Internet service provider, online service provider, or other organization responsible for assigning email address for the domain.
DRAWING: Each entry will be printed and entered into a drawing. A Debix representative will draw one winning name at the end of the Contest Period. On or about January 2, 2010, the potential winner will be selected and notified by telephone and/or email, at Sponsor's discretion. If a potential winner does not respond to the notification attempt within 5 days from the first notification attempt, then such potential winner will be disqualified and an alternate potential winner will be selected from among all eligible entries received based on the judging criteria described herein. With respect to notification by telephone, such notification will be deemed given when the potential winner engages in a live conversation with Sponsor or when a message is left on the potential winner's voicemail service or answering machine by the Sponsor, whichever occurs first. Except where prohibited by law, each potential winner may be required to sign and return a Declaration of Eligibility and Liability and Publicity Release and provide any additional information that may be required by Sponsor. If required, potential winners must return all such required documents within 10 days following attempted notification or such potential winner will be deemed to have forfeited the prize and another potential winner will be selected based on the judging criteria described herein. All notification requirements, as well as other requirements within these Rules, will be strictly enforced. In the event that no OnCall Challenges are received, no prize will be awarded. Determinations of judges are final and binding.
PRIZES: 1 prize will be awarded, each consisting of: 1 Nintendo Wii game console. The prize has an approximate retail value of $300 USD. Odds of winning any prize depends on the number of eligible entries received during the Contest Period. The prizes will be awarded within approximately 2 weeks of receipt by Sponsor of final prize acceptance documents. No transfer, substitution or cash equivalent for prizes is allowed, except at Sponsor's sole discretion. Sponsor reserves the right to substitute a prize, in whole or in part, of equal or greater monetary value if a prize cannot be awarded, in whole or in part, as described for any reason. Value is subject to market conditions, which can fluctuate and any difference between actual market value and ARV will not be awarded. The prizes may be subject to restrictions and/or licenses and may require additional hardware, software, service, or maintenance to use. The winner shall bear all responsibility for use of the prizes in compliance with any conditions imposed by such manufacturers, and any additional costs associated with its use, service, or maintenance. Contest Entities have not made and Contest Entities are not responsible in any manner for any warranties, representations, or guarantees, express or implied, in fact or law, relating to the prizes, regarding the use, value or enjoyment of the prizes, including, without limitation, its quality, mechanical condition, merchantability, or fitness for a particular purpose, with the exception of any standard manufacturer's warranty that may apply to the prize or any components thereto.
TAXES: PAYMENTS TO POTENTIAL WINNERS ARE SUBJECT TO THE EXPRESS REQUIREMENT THAT THEY SUBMIT TO DEBIX ALL DOCUMENTATION REQUESTED BY DEBIX TO PERMIT IT TO COMPLY WITH ALL APPLICABLE STATE, FEDERAL AND LOCAL TAX REPORTING AND WITHHOLDING REQUIREMENTS. ALL PRIZES WILL BE NET OF ANY TAXES DEBIX IS REQUIRED BY LAW TO WITHHOLD. ALL TAXES IMPOSED ON PRIZES ARE THE SOLE RESPONSIBILITY OF THE WINNERS. In order to receive a prize, potential winners must submit the tax documentation requested by Debix or otherwise required by applicable law, to Debix or the relevant tax authority, all as determined by applicable law, including, where relevant, the law of the potential winner's country of residence. The potential winner is responsible for ensuring that (s)he complies with all the applicable tax laws and filing requirements. If a potential winner fails to provide such documentation or comply with such laws, the prize may be forfeited and Debix may, in its sole discretion, select an alternative potential winner.
GENERAL CONDITIONS: All federal, state and local laws and regulations apply. Debix reserves the right to disqualify any entrant from the Contest if, in Debix's sole discretion, it reasonably believes that the entrant has attempted to undermine the legitimate operation of the Contest by cheating, deception, or other unfair playing practices.
INTELLECTUAL PROPERTY RIGHTS: Debix retains ownership of all intellectual and industrial property rights (including moral rights) in the OnCall Challenge. As a condition of entry, entrant grants Debix, its subsidiaries, agents and partner companies, a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to use, reproduce, adapt, modify, publish, distribute, publicly perform, create a derivative work from, and publicly display the OnCall Challenge (1) for the purposes of allowing Debix to evaluate the OnCall Challenge for purposes of the Contest, and (2) in connection with advertising and promotion via communication to the public or other groups, including, but not limited to, the right to make screenshots, animations and OnCall Challenge clips available for promotional purposes.
PRIVACY: Participants agree that personal data including, but not limited to, name, mailing address, phone number, and email address may be collected, processed, stored and otherwise used for the purposes of conducting and administering the Contest. This data may also be used by Debix to verify an entrant's identity, postal address and telephone number in the event a entrant qualifies for any applicable prize as well as to deliver the applicable prizes. Entrants have the right to access, review, rectify or cancel any personal data held by Debix in connection with the Contest by writing to Debix (Attention: Debix OnCall Challenge) at the address listed below. Otherwise, all personal information that is collected from the entrant is subject to Debix's Privacy Policy, located at www.Debix.com/privacy.php.www.ml
PUBLICITY: By accepting a prize, entrant agrees to Sponsor and its agencies use of his or her name and/or likeness and OnCall Challenge for advertising and promotional purposes without additional compensation, unless prohibited by law.
WARRANTY AND INDEMNITY: To the maximum extent permitted by law, each entrant indemnifies and agrees to keep indemnified Contest Entity at all times from and against any liability, claims, demands, losses, damages, costs and expenses resulting from any act, default or omission of the entrant and/or a breach of any warranty set forth herein. To the maximum extent permitted by law, each entrant agrees to defend, indemnify and hold harmless the Contest Entity from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys fees).
ELIMINATION: Any false information provided within the context of the Contest by any entrant concerning identity, mailing address, telephone number, email address, ownership of right or non-compliance with these Rules or the like may result in the immediate elimination of the entrant from the Contest.
INTERNET: Contest Entities are not responsible for any malfunction of the entire Contest Web Site or any late, lost, damaged, misdirected, incomplete, illegible, undeliverable, or destroyed OnCall Challenges due to system errors, failed, incomplete or garbled computer or other telecommunication transmission malfunctions, hardware or software failures of any kind, lost or unavailable network connections, typographical or system/human errors and failures, technical malfunction(s) of any telephone network or lines, cable connections, satellite transmissions, servers or providers, or computer equipment, traffic congestion on the Internet or at the Contest Site, or any combination thereof, including other telecommunication, cable, digital or satellite malfunctions which may limit an entrant's ability to participate.
RIGHT TO CANCEL, MODIFY OR DISQUALIFY: If for any reason the Contest is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Contest, Debix reserves the right at its sole discretion to cancel, terminate, modify or suspend the Contest. Debix further reserves the right to disqualify any entrant who tampers with the submission process or any other part of the Contest or Contest Site. Any attempt by an entrant to deliberately damage any web site, including the Contest Site, or undermine the legitimate operation of the Contest is a violation of criminal and civil laws and should such an attempt be made, Debix reserves the right to seek damages from any such entrant to the fullest extent of the applicable law.
NOT AN OFFER OR CONTRACT OF EMPLOYMENT: Under no circumstances shall the submission of a OnCall Challenge into the Contest, the awarding of a prize, or anything in these Rules be construed as an offer or contract of employment with either Debix, or the Contest Entities. You acknowledge that you have submitted your OnCall Challenge voluntarily and not in confidence or in trust. You acknowledge that no confidential, fiduciary, agency or other relationship or implied-in-fact contract now exists between you and Debix or the Contest Entities and that no such relationship is established by your submission of a OnCall Challenge under these Rules.
FORUM AND RECOURSE TO JUDICIAL PROCEDURES: These Rules shall be governed by, subject to, and construed in accordance with the laws of the State of Texas, United States of America, excluding all conflict of law rules. If any provision(s) of these Rules are held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect. To the extent permitted by law, the rights to litigate, seek injunctive relief or make any other recourse to judicial or any other procedure in case of disputes or claims resulting from or in connection with this Contest are hereby excluded, and all Participants expressly waive any and all such rights.
ARBITRATION: By entering the Contest, you agree that exclusive jurisdiction for any dispute, claim, or demand related in any way to the Contest will be decided by binding arbitration. All disputes between you and Debix of whatsoever kind or nature arising out of these Rules, shall be submitted to Judicial Arbitration and Mediation Services, Inc. ("JAMS") for binding arbitration under its rules then in effect in the Austin, Texas USA area, before one arbitrator to be mutually agreed upon by both parties. The parties agree to share equally in the arbitration costs incurred.
WINNER'S LIST: You may request the name of the winner after January 2, 2010 but before January 31, 2010 by sending a self addressed stamped envelope to: Debix OnCall Challenge, Debix Inc. 823 Congress Avenue, Suite 300, Austin, Texas, 78701 USA (Residents of Vermont need not supply postage).