Official Rules of the Vox.com VOX WORLD TOUR GIVEAWAY
I. Eligibility
The VOX WORLD TOUR PROMOTION (the "Promotion") is open to individuals who are legal residents of the United States or its territories (excluding Arizona, Puerto Rico and any other jurisdiction that may require a translation of the Official Promotion Rules), who have an active e-mail account and Internet access, who are registered Vox.com users, who are eighteen (18) or older as of the date of entry, and who, under applicable law, can form legally binding contracts (hereinafter legal participating individuals shall be referred to as "Participant"). Becoming a registered Vox.com user is free.
The Promotion is not available to any individual that has been suspended or terminated from using Sponsor's or its affiliates' websites. The Promotion is not intended or directed to persons under the age of 18. By registering for this Promotion or providing Sponsor with any information, Participant represents to Sponsor that he/she is 18 years of age or older and that any information it provides to Sponsor about a third party is for a third party that is 18 years of age or older.
Employees of Sponsor, past employees of Sponsor, immediate family members of Sponsor's employees, or members of the household of any such employees, or any employees of Sponsor's various affiliates, partners, their parents or subsidiaries, or employees of Sponsor's advertising, promotion, fulfillment or other coordinating agencies, or individuals providing services to Sponsor through an outsourcer or temporary employment agency during the Promotion, are not eligible to participate in this Promotion. By entering this Promotion, Participant agrees to these Official Promotion Rules & Regulations (the "Official Rules") and the decisions of Sponsor, which are final and binding in all respects. This Promotion and any participation therein are void where restricted by federal, state, or local law.
Participant must have access and rights to use equipment and software that meets the technical requirements necessary to register for an account at Vox.com (the "Promotion Site").
THIS GIVEAWAY IS NOT A SWEEPSTAKES. THERE WILL BE NO FEE OR CHARGE ASSOCIATED WITH REGISTERING FOR THIS GIVEAWAY.
II. Promotion Period
The Promotion begins on October 26, 2006, at 12:01 a.m. Pacific Standard Time (PST), and ends on December 31st, 2006, at 11:59:59 p.m. PST (the "Promotion Period"). Sponsor reserves the right to terminate, modify or suspend the Promotion, in whole or in part, in the event of fraud, technical or other difficulties, or if the integrity of the Promotion is compromised, without liability, by giving notice during the Promotion Period; in such case the Promotion will terminate, be modified or be suspended as stated in such notice and the Grand Prize, as defined below, will be awarded based upon judgment of valid entries received at such time.
III. Entry
Participant must become a "Registered User" (as such term is defined in the Six Apart, Ltd. "Terms and Conditions") on the Vox.com website , and complete the registration requirements by providing Participant's name, username, zip code, email address, birth date, and any other requested fields. There is no registration fee; and by becoming a Registered User, Participant incurs no obligation other than the agreement to be bound by the Vox.com policies and user agreement, and to receive emails from Sponsor/Vox.com. Once Participant is registered, to enter the Promotion or be considered for any prize Participant must write and submit an original short essay stating what Participant likes about Vox (a "Submission").
The essay must not exceed one thousand (1000) words, must be a public post, must be tagged "Vox World Tour", and must be written in English. By entering the Promotion, and as a condition of eligibility Participant agrees to transfer and assign any and all intellectual property rights Participant may have relating to Participant's Submission including but not limited to copyright and moral rights, to Sponsor and Participant's Submission becomes the sole and exclusive property of Sponsor and as such Sponsor has a right to adapt, edit, modify, publish, promote, reproduce, distribute, publicly display and perform and make derivative works of Participant's Submission in any and all media as Sponsor sees fit, to identify Participant as the author of the Submission and to authorize others to do any of the above without any obligation to compensate Participant.
Participant represents and warrants that Participant's submission is Participant's original authorship and based on a true story, is not defamatory, offensive or obscene, and does not violate or infringe on the trademark, copyright, publicity, privacy or other rights of any third party. Participant agrees to indemnify, defend and hold Sponsor, its employees, agents and representatives harmless for any losses or expenses arising from claims to the contrary.
As set forth in the Terms and Conditions, including the Privacy Policy, on the Promotion Site, Sponsor reserves the right to use any technique to verify the accuracy of the information that Participant or any individual or business entity provides when they become a Participant in this Promotion or a Registered User (as defined in the Six Apart, Ltd. Terms and Conditions) on Sponsor's website.
Upon becoming a Registered User, a Participant will be prompted to provide valid email addresses of friends, family members or business associates who are over the age of eighteen (18) to which Sponsor will send an email on Participant's behalf advising the recipient about Sponsor and inviting the recipient to join Vox.com. Sponsor will not sell, disclose or share the email addresses Participant provides to any third party (except to the extent that Sponsor may share the email addresses on a strictly confidential basis with any service provider which assists Sponsor in forwarding such emails).
Participant agrees to provide email addresses only for those persons with whom Participant has either personal or professional relationships and that Participant feels would be interested in hearing about Sponsor and its service. Should Participant provide Sponsor with invalid or ineligible email addresses, Participant may be disqualified from entering the Promotion.
Further, Participant may only provide one (1) valid email address for any person; if a person has more than one (1) email address, Participant may provide only one of their email addresses. Any other attempt at Internet or email entry is void. Each recipient is eligible to become a Registered User on Vox.com and upon receiving such Sponsor email invitations, such person may become a Participant and enter the Promotion by submitting a Submission to Sponsor as described herein.
By becoming a Registered User, Participant incurs no obligations other than to be bound by the Terms and Conditions contained and referenced herein, and to receive Sponsor emails. Participant may opt-out of the receipt of such emails by following the directions in any email Participant receives or as posted on Sponsor's website.
Participant may not enter the Promotion with multiple email and/or multiple identities nor may Participant use any other device or artifice to obtain multiple registrations or entries. Any such actions may lead to disqualification.
No responsibility is assumed for lost, late, incomplete, stolen, misdirected, illegible or postage due Submissions, mail or email, or attempts to enter by email; or for any computer, telephone, cable, network, satellite, electronic or Internet hardware or software malfunctions, failures, connections, availability or garbled or jumbled transmissions, lack of Internet accessibility or availability, traffic congestion, or technical failure of any kind, or unauthorized human intervention, or the incorrect or inaccurate capture of entry information, or the failure to capture any such information.
IV. Prize Judging
In determining the winner, Sponsor's judges will choose the Submission with the highest composite scores based on these factors:
| Content | 30% |
| Originality | 30% |
| Style | 20% |
| Grammar | 10% |
| Spelling | 10% |
The winner will be determined in a non-random selection process in accordance with which Submissions will be read and evaluated by a panel of judges comprising of members of the Sponsor's editorial and writing staff and/or other persons of similar ability as chosen by Sponsor using the criteria described above. The decisions of the judges will be final and judging Judgment will take place at Sponsor's corporate offices.
Winners will be notified by e-mail within thirty (30) days of the end of the Promotion Period.
V. Prizes
There will be two Grand Prizes awarded. Each Grand Prize winner and a travel companion will receive a fourteen (14) day paid vacation, which will include stops in each of the cities where Vox was born. These cities include San Francisco, Paris (FR) and Tokyo (JP). The total value of each Grand Prize vacation (which includes airfare, a hotel stay and a daily stipend) shall not exceed $12,000.
The first Grand Prize shall be awarded to the Participant with the winning Submission as determined by the judges. The second Grand Prize will be awarded to the individual who invited the first Grand Prize winner. If the first Grand Prize winner was not invited to sign up for a Vox.com account and registered for a Vox.com account through an organic means, then the second Grand Prize will be awarded to a random selection of the Registered Users who have accepted invitations from the first Grand Prize winner during the Promotion period. If the first Grand Prize winner did not extend any invitations during the Promotion period, then the second Grand Prize will be awarded to the individual who composed the second best essay, as determined by the panel of judges.
Eligibility is conditioned on the Participant's and Registered User's willingness and availability to travel outside of the United States, and each winner and travel companion must be the holder of a valid passport. Any visa or entry requirements for any destination outside of the United States are the sole responsibility of the winners and the travel companions.
The Grand Prize includes round trip coach airfare between the major commercial airport closest to the Grand Prize winner's residence and the trip destination. Sponsor will be responsible for arranging flight and hotel reservations, in connection with which each winner will be consulted, however Sponsor retains the right to exercise discretion and its discretion will be final. Blackout dates, geographical and general travel restrictions apply. All other expenses not specifically mentioned herein, including applicable income taxes, are the sole responsibility of the winner.
All other costs and expenses not specifically included herein, including but not limited to transportation to gateway; ground transportation; transfers; food; beverages; mini-bar; insurance; gratuities, souvenirs, etc. are the sole responsibility of the winner.
Winner and travel companion must travel together and possess necessary travel documents, e.g. valid passport, at least thirty (30) days prior to travel. Trip must be completed by June 30, 2008; or ticket will be forfeited. All reservations must be made a minimum of five (5) months prior to departure, and are subject to black-out periods and availability.
Travel must originate from and end at the same airport. Once travel commences, no additional stopovers are permitted; if stopover occurs, full fare will be charged from stopover point for the remaining segments, including return, of the trip. No changes will be made to travel details once any portion of travel arrangements has been made. Ticket re-issues and/or time extensions not allowed. Flight details are subject to space availability and airline carrier's regulations and conditions apply.
Certain other restrictions may also apply. The trip may not be combined with any other offer and travel may not qualify for frequent flyer miles. Winner and travel companion will be required to provide valid Federal or state government issued picture ID at time of travel; any identification requirements associated with air travel are the winner's responsibility. Prize is not redeemable for cash; nor is it transferable, refundable or substitutable except by Sponsor with one of equal or greater value. Winner's travel companion must be at least 18 years old as of the date of departure unless he/she is minor child of Winner. All federal, state, local taxes and airport and Customs fees are winner's sole responsibility.
The odds of winning a prize depend on the number of eligible entries received (i.e., Registered Users and the number of accepted invitations a Registered User acquires). No assignment, transfer, cash or other substitution of a Grand Prize is permitted, except at the sole option of Sponsor for a prize of equal or greater value. Sponsor will not replace any lost or stolen prizes. Winners are solely responsible for any and all federal, state, provincial and local taxes, if any, that apply to prizes.
Total value of all prizes to be awarded: $24,000 (U.S.).
In the event of a dispute as to the identity of a winner based on an e-mail address, the winners will be declared by the authorized account holder of the e-mail address submitted during the registration process. "Authorized account holder" is defined as the natural person or business entity that is assigned to an e-mail address by an Internet access provider, on-line service provider, or other organization that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address.
The winners will be notified by e-mail to the address listed on the winner's registration form. Sponsor is not liable for any incorrect information contained in either regard or for a person's failure to update or keep current any contact information. General notification regarding the winners shall be posted on the Vox.com website within one (1) month following the end of the Promotion Period.
VI. General Conditions
The winners (and any travel companions) must complete, execute, and return an Affidavit of Eligibility, a Liability Release, and where lawful, a Publicity Release within ten (10) days of notification. Winners' failure to return timely and complete documents, or if Grand Prize notification or the Grand Prize is returned as non-deliverable, may result in disqualification and forfeiture of the Grand Prize, with an alternate winner selected from the remaining, valid, eligible entries timely submitted. The winners may also be disqualified if they are found not to be in compliance with these Official Rules and Regulations or otherwise ineligible. Disqualification and choosing an alternate winner is in Sponsor's sole discretion.
By participating in the Promotion and/or winning any prize, each winner, where permitted by law, grants Sponsor, and to those acting pursuant to Sponsor's control, the right to use winner's name, portrait, photo, picture, voice, likeness, entry and statements attributed to winner (if true) and biographical information as news or information and for advertising, trade and promotional purposes in print, publications, broadcast, or in any media form worldwide and at any time, including without limitation, inclusion in Sponsors' newsletters, and Sponsor's corporate website and other websites owned or controlled by Sponsor without additional consideration and without notification, review, or approval.
In its sole discretion, Sponsor reserves the unilateral right to disqualify any person it finds to be tampering with the Promotion, any related Six Apart, Ltd. web site, the Official PromotionRules, or any of the other policies mentioned or referenced herein.
All Participants, including the winning winners, release and agree to hold harmless Sponsor, its parents, affiliates, subsidiaries, advertising and promotion agencies and their respective directors, officers, employees, representatives, attorneys, and agents from any and all liability for any injuries, loss or damage of any kind to person, including death and damage to property, arising in whole or in part, directly or indirectly, from the acceptance, possession, use or misuse of the Grand Prize, participation in the Promotion, or participation in any Promotion related activity.
If Sponsor suspects that a Participant may have engaged in fraudulent activity in any manner related to this Promotion, Sponsor may suspend or terminate a Participant's right to take part in this Promotion. Any use of programmed, automatic, macro, or like methods used in either completing or assisting to send invitations and persons using any such methods shall be disqualified.
The incorrect or inaccurate capture of information or the failure to capture such information, whether caused by Participants, hacking or tampering, or by any of the equipment or programming used in association with the Promotion is not Sponsor's responsibility. Sponsor is not responsible for injury or damage to Participant's computer (or any other computer that it may use) related to or resulting from participation in the Promotion in any manner.
In the event that any provision of this Agreement shall, in whole or in part, be determined by a court of competent jurisdiction to be invalid, unenforceable, or void for any reason, such determination shall not affect in any way the remainder of any other provision of this Agreement. This Agreement constitutes the entire agreement between the parties with regard to the subject matter hereof and supersedes all understandings and agreements, whether written or oral, as to such subject matter.
Any waiver by the Sponsor shall not constitute a waiver or any other or subsequent default or breach, and Sponsor's failure to act with respect to a breach by any Participant does not constitute a waiver of Sponsor's right to act with respect to subsequent or similar breaches.
SPONSOR, ITS PARENTS, AFFILIATES, SUBSIDIARIES, AND RELATED COMPANIES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, RESPRESENTATIVES, ATTORNEYS, OR AGENTS ("RELEASED PARTIES") IN NO EVENT SHALL BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING PUNITIVE, CONSEQUENTIAL, DIRECT, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF PARTICIPANT'S ACTIVITIES THAT ARE IN ANY MANNER RELATED TO THIS PROMOTION, ACCESS OR USE OF THE SIX APART, LTD. SITE, OR THE DOWNLOADING OF ANY MATERIAL. WITHOUT LIMITING THE FOREGOING, EVERYTHING RELATED TO THIS PROMOTION AND THE SIX APART, LTD. SITE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIONAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO EVERY PARTICIPANT. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors, and permitted assigns. This Agreement may be assigned in whole or in part, without consent, by Sponsor to any person, partnership, corporation, or any other entity that succeeds to Sponsor's business or which has purchase substantially all of the Sponsor's assets. Participant may not assign its rights or delegate its obligations under the Agreement, and any such attempted assignment or delegation shall be void and of no effect.
By entering, each Participant agrees that Sponsor shall not be responsible for any of the following: (a) typographical or other errors in the printing of the offer, administration of the Promotion or in the announcement of the Grand Prize or the winner; (b) computer system, phone line, hardware, software or program malfunctions, or other errors, failures or delays in computer transmissions or network connections that are human or technical in nature; (c) incorrect or inaccurate entry/transaction information whether caused by Internet users or by any of the equipment or programming associated with or utilized in the Promotion or by any technical or human error which may occur in the transmission, receipt or processing of the entries/transactions; (d) lost, late, damaged, misdirected or incomplete entries/transactions, or for entries/transactions submitted in a manner that is not specified in these rules; (e) any injury or damage to a Participant's or any other person's computer related to or resulting from participating in this Promotion.
CAUTION: ANY ATTEMPT BY A PARTICIPANT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS PROMOTION MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO DISQUALIFY SUCH PARTICIPANT AND TO SEEK DAMAGES FROM SUCH PARTICIPANT TO THE FULLEST EXTENT PERMITTED BY LAW.
VII. Governing Law; Arbitration
These Official Rules shall be governed by and interpreted in accordance with the laws of the State of California (without reference to its choice of law principles), which shall take priority over any foreign laws, rules, and regulations.
Except where prohibited, as a condition of participating in the Promotion, Participant agrees that any and all disputes which cannot be resolved between the parties, claims and causes of action arising out of or connected with this Promotion, or any prizes awarded, or the determination of the Grand Prize winner shall be resolved individually, without resort to any form of class action, and exclusively by arbitration pursuant to the commercial arbitration rules of JAMS, then effective, in San Francisco, California. Further, in any such dispute, claim or cause of action, under no circumstances will Participant be permitted to obtain awards for, and hereby waives all rights to claim indirect, punitive, incidental, or consequential damages, or any other damages, including attorneys' fees, other than Participant's actual out-of-pocket expenses (i.e., costs associated with entering this Promotion), and Participant further waives all rights to have damages multiplied or increased.
VIII. Restricted Activities
As more fully set forth in the Terms and Conditions, Participant shall comply with all applicable domestic and international laws, statutes, ordinances, and regulations (including, but not limited to, exporting or importing goods, consumer protection, or unfair competition) regarding the use of Sponsor's service and participation in this Promotion.
As more fully set forth in the Terms and Conditions, Participant further agrees that none of its activities in any way related to this Promotion or items it offers using the Sponsor services are: (a) defamatory, libelous, unlawfully threatening or unlawfully harassing; (b) obscene or contain child pornography or otherwise adult in nature or harmful to minors; (c) linked directly or indirectly to or include description of goods or services that are concurrently listed for sale on any other web site, or that Participant does not have the right to link to or include; and (d) infected or contain any computer programming routines, in any form, that may damage, detrimentally interfere with, intercept or expropriate any system, data or personal information.
IX. Personal Information
Sponsor may collect personal data about Participants online, in accordance with its privacy policy and as may be more specifically set forth in these Official Rules. Please review these Official Rules and Sponsor's privacy policy at http://www.sixapart.com/vox/us/pp/ By participating in the Promotion, entrants hereby agree to Sponsor's collection and use of their personal information and acknowledge that they have read and accepted these Official Rules and Sponsor's privacy policy.
X. Winner's List; Official Rules
For a list of the Grand Prize winners, mail a self-addressed stamped envelope for receipt before June 30th, 2007, to:
Attn: Grand Prize Winner List; Vox World Tour
Six Apart, Ltd.
548 4th Street
San Francisco, California 94107
Additionally, send an email request before June 30th, 2007, to voxworldtour@sixapart.com with "Grand Prize Winner List" in the subject line, and specify the "Vox World Tour Promotion" in the body of the email.
As directed above and promptly upon request to the above addresses, Sponsor shall provide: (a) the name of the winning Participants and (b) the Grand Prizes won by each winning Participant. A list of prize winners will also be available at the Promotion site.
For a copy of these Official Rules, mail a self-addressed stamped envelope for receipt before June 30th, 2007, to:
Attn: Grand Prize Winner List; Vox World Tour
Six Apart, Ltd.
548 4th Street
San Francisco, California 94107
XI. Sponsor's Address
Six Apart, Ltd.
548 4th Street
San Francisco, California 94107