Contest Rules - Flypaper “Stories That Stick” Contest
These are the official rules ("Rules) for the Flypaper "Stories that Stick" Contest (the "Promotion"). If you participate in the Promotion, you ("Entrant") agree to comply with and be bound by the Rules.
Sponsor: The sponsor of the Promotion is Flypaper Studio, Inc. ("Flypaper"), 2999 North 44th Street, Suite 200, Phoenix, AZ, 85018. All questions regarding the Promotion should be directed by e-mail to contact@flypaper.com.
No purchase necessary: No purchase or payment is necessary to participate in the Promotion or win.
Jurisdictions: The Promotion is void where any aspect of the Promotion is prohibited by law or where registration, bonding or translation is required.
Participation/Eligibility: Starting at 12:01 a.m. Arizona Time, August 1, 2008, and continuing through 11:59 p.m. Arizona Time, September 19, 2008 (the "Promotion Period"), visit the web site at http://www.flypaper.com (the "Site"), download the free Flypaper software and register on the Site for free (if you don't already have the Flypaper software and an account), create a Flypaper Story and post a Story electronically through the submission form. Each entry must be no more than 50 megabytes in size, and each Entrant is limited to five entries.
Entrant must supply a valid email address as part of the registration process and other identification information as requested. No entries will be accepted after 11:59 p.m. Arizona Time, September 19, 2008. An Entrant must be an individual who is legal resident of the U.S., and at least the age of majority in his or her jurisdiction.
Each entry must be "in good taste", may not contain any sexually explicit material or illegal content or activity, and must otherwise comply with Flypaper's terms of use at www.flypaper.com/legal/. Flypaper reserves the right to reject any entry that, in Flypaper's discretion, fails to comply with such terms or these Rules.
Employees, independent contractors, officers, and directors of Flypaper, its affiliates, subsidiaries, partners, advertising, promotion, and fulfillment agencies, and legal advisors, the judges, and the immediate family members and persons living in the same household of such persons, are not eligible to win a prize in the Promotion.
Submission Representations: Each Entrant warrants that (1) materials included in any entry are original with the Entrant (or that the Entrant has the right to submit such materials), (2) any person depicted in an entry is able to give, and has given, his/her full consent to participation and to the exploitation of the rights in the entry envisaged hereunder, (3) any music included in the entry is cleared for use as envisaged hereunder, and no further release needs to be obtained by Flypaper or any third party in relation to such exploitation, (4) the materials within the entry do not contain information considered by Entrant's place of business or any other third party to be confidential, and (5) the entry and all included materials do not violate or infringe the rights of any third parties or violate any laws or regulations.
Contest Categories and Judging: Judging to determine the winners among the contest entries will be conducted by Flypaper or its designee(s). This is for all presentation awards (First Prize and Runner Up). Flypaper will judge the contest entries based on three equally weighted factors: (i) creativity; (ii) application of design principles; and (iii) proficiency with the Flypaper software application. Because this part of the Promotion is a contest of skill, winning the contest aspect of the promotion is dependent on the quality of submissions received. The odds of winning will also depend upon the number of entrants received.
Announcement of Winners: Winners will be announced on or before September 30, 2008. Each winner will be notified by US Mail within 10 days after selection. Notifications and prize will be sent to the winner's address of record. If the notification or the prize cannot be delivered to such address, the prize may be forfeited and an alternative winner may be selected. For a winners' list, send a written request to Flypaper at the address set forth above. All decisions by Flypaper are final and binding in all matters relating to this Promotion.
Prizes: Flypaper will award: (1) one prize for first place: $1500 towards a TV purchase at BestBuy.com (valued at $1,500); (2) two runner-up Prizes: an Apple iPod Touch 8GB (valued at $299.00 each); and (3) one People's Choice Awards winners: $100 Amazon gift certificate (valued at $100 each). ALL TAXES ASSOCIATED WITH THE RECEIPT OR USE OF THE PRIZES ARE THE SOLE RESPONSIBILITY OF THE WINNERS.
License to Display: Entrant, by submitting a Story, hereby grants Flypaper the right to display the Story on the Site both during and following the term of the Promotion, and acknowledges that the Story may be accessed, downloaded and used by visitors to the Site pursuant to the published Terms of Use for the Site.
Limit of Liability: FLYPAPER SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS, DAMAGE, COST, OR INJURY THAT ARISES FROM OR RELATES TO PARTICIPATION IN THE PROMOTION, OR WINNING OR USE OF A PRIZE, INCLUDING BUT NOT LIMITED TO: (I) LATE, LOST, DELAYED, DAMAGED, MISDIRECTED, INCOMPLETE, OR UNINTELLIGIBLE ENTRIES; (II) TELEPHONE, ELECTRONIC, HARDWARE OR SOFTWARE PROGRAM, NETWORK, INTERNET, OR COMPUTER MALFUNCTIONS, FAILURES, VIRUSES OR DIFFICULTIES OF ANY KIND; (III) FAILED, INCOMPLETE, GARBLED, OR DELAYED COMPUTER TRANSMISSIONS; (IV) THE DOWNLOADING OF ANY MATERIAL IN CONNECTION WITH THIS PROMOTION; OR (V) ANY OTHER CONDITION THAT MAY CAUSE THE PROMOTION TO BE DISRUPTED OR CORRUPTED. FLYPAPER RESERVES THE RIGHT, IN ITS SOLE DISCRETION AND WITHOUT PRIOR NOTICE, TO SUSPEND OR CANCEL THE PROMOTION OR ALTER THE RULES FOR ANY REASON, INCLUDING, BUT NOT LIMITED TO, IF AT ANY TIME A COMPUTER VIRUS, TECHNICAL PROBLEM, OR OTHER UNFORESEEABLE EVENT ALTERS OR CORRUPTS THE ADMINISTRATION OF THE PROMOTION.
Release: ENTRANT RELEASES AND AGREES TO INDEMNIFY AND HOLD HARMLESS FLYPAPER AND ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS AND AGENTS FROM ANY LIABILITY WHATSOEVER FOR ANY CLAIMS, COSTS, LOSSES, OR DAMAGES (INCLUDING INFRINGEMENT OF PROPRIETARY RIGHTS, RIGHTS OF PUBLICITY OR PRIVACY OR DEFAMATION) ARISING OUT OF OR IN CONNECTION WITH: (I) THE ENTRY SUBMITTED BY ENTRANT; (II) ENTERING AND PARTICIPATING IN THE PROMOTION; AND/OR (III) ACCEPTING OR USING ANY PRIZE. HOWEVER NOTHING IN THESE RULES SHALL LIMIT SPONSOR'S LIABILITY UNDER ANY CATEGORY OF LIABILITY WHICH UNDER THE LAW OF AN ENTRANT'S JURISDICTION CANNOT LAWFULLY BE LIMITED.
Governing Law: The Promotion and the rights and obligations of Flypaper and Entrants will be governed by and controlled by the laws of the State of Arizona, United States of America, applicable to contracts made and performed therein without reference to the applicable choice of law provisions. All actions, proceedings or litigation relating hereto will be instituted and prosecuted solely within the State of Arizona, Maricopa County. The parties consent to the jurisdiction of the state courts of Arizona and federal court located within such state and county with respect to any action, dispute or other matter pertaining to or arising out of the Promotion.
Privacy: Any Entrant information submitted as part of the registration process will be collected in accordance with Flypaper's Privacy Policy which can be found at http://www.Flypaper.com/legal/privacy.aspx.