Boing Boing Contest Rules


BOING BOING CONTEST RULES




OFFICIAL RULES


NO
PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS
CONTEST. A purchase will not improve chances of winning.

CONSUMER
DISCLOSURES

The Sponsor (Boing Boing) is not able to predict the number of expected entrants. After this Contest has
ended, and upon receiving an email request from any person, the
Sponsor will identify the approximate number of total Entrants and
the approximate percentage of Entrants who won prizes.

OPEN
ONLY TO LEGAL RESIDENTS OF THE 50 UNITED STATES AND DISTRICT OF
COLUMBIA WHO ARE AT LEAST 18 YEARS OLD AND HOLDING A VALID DRIVER'S
LICENSE AS OF THE DATE OF ENTRY. PARTICIPANTS CANNOT BE EMPLOYED BY
SPONSOR, PRIZE PROVIDER OR ANY OF THEIR AFFILIATES.

By
entering this Contest, each entrant ("Entrant")
accepts and agrees to be bound by these Official Rules. Any violation
of these rules may, at Sponsor's discretion, result in
disqualification. All decisions of the judges regarding this
Contest are final and binding in all respects.

The Contest period begins upon announcement and ends at 11:59 p.m. seven days later.

2.
ELIGIBILITY. This contest (the "Contest")
is only open to legal residents of the 50 United States and District
of Columbia who are at least 18 years old and holding a valid
driver's license or state-issued ID as of the date of entry, except
officers, directors, members, and employees of the Sponsor, Prize
Provider, or any of the Sponsor or Prize Provider, the judging
organization (if applicable), or any other party associated with the
development or administration of this Contest, and the immediate
family (i.e., parents, children, siblings, spouse), and persons
residing in the same household, as such individuals. This Contest
is void outside the 50 United States and the District of Columbia,
and where prohibited.

3.
HOW TO ENTER. Visit www.boingboing.net
(the "Website")
during the Contest Period and follow the instructions to complete
and submit the entry form. The Submission must be appropriate for viewers of all ages, and
should reflect Sponsor's values and sensibility. Entrant must be
the sole owner (or have written permission from the owner) to use the
Submission in this manner, must have written permission from any
people depicted or whose contribution is included in the Submission,
and the Submission must not contain any copyright, trademarked or
other material that violates the rights of any third party. Entrant
represents and warrants that: (a) his or her Submission is the
original work of such Entrant, that it has not been copied from
others, and that it does not violate the rights of any other person
or entity; (b) his or her Submission adheres to the fundamental
spirit of the Contest, and (c) the Submission shall contain no
virus, worm, Trojan Horse or other spyware or malware whatsoever.
Limit: One (1) entry per person and per e-mail address during the
Contest Period. All Entrant information, including e-mail
addresses, is subject to the Privacy Policy of the Sponsor. .

4.
WINNER SELECTION AND NOTIFICATION.

(a)
All entries will be judged after the entry period closes. In its sole and
absolute discretion, and based upon entirely subjective and personal
artistic, aesthetic, intuitive and intellectual criteria and
judgments, the Sponsor (through one or more designated persons) will
determine the entries subjectively deemed to be "best" and to be
winners based on the following criteria: creativity/originality
(25%); humor (25%); awesomeness (25%); and appropriate expression of the
Sponsor's editorial viewpoint (25%). The judges will select prize winners
based on the highest overall score. In the event of a tie, the entry
with the higher score in the creativity criteria will prevail.

(b)
Any potential winners will be notified by mail, email and/or
telephone. If a potential winner: (i) cannot be contacted;
(ii) does not respond within one (1) day from the date the Sponsor
first tries to notify him/her; (iii) fails to return the Affidavit
and Release as specified in Rule 9; (iv) refuses the prize;
and/or (v) the prize or prize notification is returned as
undeliverable, such potential winner forfeits all rights to win the
Contest or receive the prize, and an alternate potential winner
may be selected. Upon contacting a potential winner and determining
that he/she has met all eligibility requirements of the Contest,
including without limitation the execution of required waivers,
publicity and liability releases and disclaimers, such individual
will be officially declared a winnner of the Contest.

(c)
All winners' submissions will be posted online at the Website.

5.
PRIZES. Awarding the prizes is subject to Winner's execution of Prize Provider's
standard terms and conditions in connection with its services.
Winners may receive additional prizes as determined by Sponsor in
its sole discretion.

6.
TAXES. All federal, state and/or local income and other taxes, if
any, are the winner's, as applicable, sole
responsibility. As a condition of receiving any prize, an Entrant
shall have to fill out all tax documentation required by Sponsor.

7.
OWNERSHIP AND LICENSE. Any entry materials become the property of the Sponsor and will not be acknowledged or returned. The copyright in any Submission shall remain the property of the Entrant, but entry into this Contest constitutes Entrant's irrevocable and perpetual permission, consent and license, without further compensation or attribution, to use, reproduce, print, publish, transmit, distribute, perform, adapt, enhance, or display such Submission in connection with the Website, the Contest, the Sponsor and the Prize Provider and the advertising and Contest of the foregoing. In connection with the foregoing, Sponsor and/or Prize Provider and/or others authorized by the Sponsor or Prize Provider shall have the right to edit, adapt, and modify the Submission. Sponsor disclaims all other rights in the Submission.

8.
NO PRIZE TRANSFER OR SUBSTITUTION. No prize or any portion thereof is
transferable or redeemable for cash. Any portion of the prize that is
not used is forfeited. No substitutions for prize are allowed except
by Sponsor and Prize Provider, in which case a prize of equal or
greater value will be substituted.

9.
CONSENT AND RELEASE. By entering the Contest, each Entrant releases
and discharges the Sponsor, the Prize Provider, the judging
organization (if applicable), and any other party associated with the
development or administration of this Contest, their parent,
subsidiary, and affiliated entities, and each of their respective
officers, directors, members, shareholders, employees, independent
contractors, agents, representatives, successors and assigns
(collectively, "Contest
Entities
"), from
any and all liability whatsoever in connection with this Contest,
including without limitation legal claims, costs, injuries, losses or
damages, demands or actions of any kind (including without limitation
personal injuries, death, damage to, loss or destruction or property,
rights of publicity or privacy, defamation, or portrayal in a false
light) (collectively, "Claims").
Except where prohibited: (i) acceptance of a prize constitutes the
consent of any Winner (as applicable), without further
compensation, to use the name and likeness of such Winner
(as applicable) and his/her Submission for editorial, advertising and
publicity purposes by the Sponsor and/or Prize Provider and/or others
authorized by the Sponsor or Prize Provider; (ii) acceptance of a
prize constitutes a release by any Winner (as applicable)
of the Contest Entities of any and all Claims in connection with
the administration of this Contest and the use, misuse, or
possession of his/her Submission or any prize; (iii) any
potential Winner (as applicable) may be required to sign
an affidavit of eligibility (including social security number) and a
liability/publicity/copyright release; and (iv) if prize
involves travel or activities, any potential Winner (as
applicable) may be required to execute releases of the Sponsor from
any and all liability with respect to participation in such
travel/activities and/or use of the prize. Affidavits and releases
must be returned promptly from the date that Sponsor first tries to
notify the potential Winner (as applicable). If Winner (as applicable) is deemed to be a minor under the
jurisdiction of his/her residence, any prize will be awarded in the
name of his/her parent or legal guardian who must execute the
necessary affidavit and release.

10.
INDEMNIFICATION. Each Entrant agrees to indemnify and hold the
Sponsor, the Prize Provider and their respective affiliates,
officers, directors, agents, co-branders or other partners, and any
of their employees (collectively, the "Contest
Indemnitees
")
harmless from any and all claims, damages, expenses, costs (including
reasonable attorneys' fees) and liabilities (including
settlements), brought or asserted by any third party against any of
the Contest Indemnitees arising out of or in connection with (a)
any Submission; (b) any breach by the Entrant of any warranty,
agreement or representation contained in these Official Rules or
terms of service or in any documentation submitted or agreed to by
the Entrant; (C) the Entrant's conduct during and in connection
with this Contest, including, without limitation, trademark,
copyright, or other intellectual property rights, right of publicity,
right of privacy or defamation; (D) the acceptance, use or misuse of
any award or prize; or (E) any virus, worm, Trojan Horse or
other spyware or malware of any kind in connection with a Submission.

11.
OTHER TERMS AND CONDITIONS. (i) Contest Entities not
responsible for entries that are lost, late, misdirected, incorrect,
garbled, or incompletely received, for any reason, including by
reason of hardware, software, browser, or network failure,
malfunction, congestion, or incompatibility at Sponsor's servers or
elsewhere. In the event of a dispute, entries will be deemed
submitted by the authorized account holder of the e-mail address
submitted at the time of entry. "Authorized
account holder
" is
defined as the natural person who is assigned to an e-mail address by
an Internet Access Provider, online service provider, or other
organization (e.g., business, educational institute) that is
responsible for assigning e-mail addresses for the domain associated
with the submitted e-mail address. (ii) Sponsor, in its sole
discretion, reserves the right to disqualify any person tampering
with the entry process or the operation of the web site or otherwise
attempting to undermine the legitimate operation of the Contest.
Use of bots or other automated process(es) to enter or vote is
expressly prohibited and may result in disqualification at the sole
discretion of Sponsor. (iii) Sponsor further reserves the right
to cancel, terminate or modify the Contest if it is not capable of
completion as planned, including by reason of infection by computer
virus, bugs, tampering, unauthorized intervention, force majeure or
technical failures of any sort. (iv) Contest Entities are not
responsible for errors in the administration or fulfillment of this
Contest, including without limitation mechanical, human, printing,
distribution or production errors, and may modify or cancel this
Contest based upon such error at its sole discretion without
liability. In no event will Sponsor be responsible for awarding more
than the number of prizes specified in these rules. (v) Contest
ENTITIES MAKE NO WARRANTIES, REPRESENTATIONS OR GUARANTEES, EXPRESS
OR IMPLIED, IN FACT OR IN LAW, AS REGARDS THIS Contest OR THE
MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE
REGARDING ANY PRIZE OR ANY COMPONENT OF ANY PRIZE. (vi) CAUTION: ANY
ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE
THE LEGITIMATE OPERATION OF THIS Contest MAY BE A VIOLATION OF
CRIMINAL AND/OR CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE,
SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING
WITHOUT LIMITATION ATTORNEYS' FEES) FROM ANY SUCH ENTRANT TO THE
FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION. (vi) The
value(s) of the prize(s) set forth above represent Sponsor's good
faith determination of the approximate retail value(s) thereof, and
the actual fair market value(s) as ultimately determined by Sponsor
and/or Prize Provider, are final and binding and cannot be challenged
or appealed. In the event the stated approximate retail value(s) of a
prize is more than the actual fair market value of that prize, the
difference will not be awarded in cash or otherwise. No substitution
or compensation will be given for any portion of the prize that is
not used. (vii) If any provision of these Official Rules is
found to be unlawful, void or for any reason unenforceable, then that
provision shall be deemed severable from these Official Rules and
shall not affect the validity and enforceability of any remaining
provisions. Headings and captions are used in these Official Rules
solely for convenience of reference, and shall not be deemed to
affect in any manner the meaning or intent of these Official Rules or
any provision hereof. (viii) All provisions of these Official
Rules which, by their express or implied terms, are intended to
survive the termination of the Contest, shall do so.

12.
SPONSOR'S RIGHT TO DISQUALIFY: At any time during the Contest,
the Sponsor reserves the right, in its sole discretion, to disqualify
and remove any Submission for any reason including, but not limited
to, if the Sponsor believes that such Submission, or any component
thereof, contains any inappropriate content, infringes the rights of
any third party, violates any applicable laws or regulations, is
harmful to any Sponsor's or Prize Provider's business, goodwill
or reputation, or otherwise does not meet the requirements set forth
in these Official Rules. The decisions of the Sponsor on this and all
matters relating to the Contest are final and binding. The Sponsor
reserves the right at its sole discretion to disqualify any Entrant
or the vote of any individual found to be (a) tampering or attempting
to tamper with the entry process or the operation of the Contest or
the Website, (b) violating these Official Rules, (c) violating the
terms of service, conditions of use and/or general rules or
guidelines of any Sponsor property or service, or (d) acting in an
unsportsmanlike or disruptive manner, or with intent to annoy, abuse,
threaten or harass any other person. Further, the Sponsor reserves
the right to disqualify any Submission which, in the Sponsor's sole
discretion, is deemed to be offensive, libelous, slanderous,
inflammatory, or otherwise inappropriate in any way for this
Contest. NONCOMPLIANCE WITH ANY OF THE OFFICIAL RULES MAY RESULT IN
DISQUALIFICATION. ANY VIOLATION OF THESE OFFICIAL RULES BY AN ENTRANT
OR ANY BEHAVIOR BY AN ENTRANT THAT WILL BRING SUCH ENTRANT OR THE
Contest ENTITIES INTO DISREPUTE (IN THE SPONSOR'S SOLE
DISCRETION) WILL RESULT IN SUCH ENTRANT'S DISQUALIFICATION AND ALL
PRIVILEGES AS AN ENTRANT WILL IMMEDIATELY BE TERMINATED. CAUTION: ANY
ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE
ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE Contest
MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT
BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH
PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.

13.
SPONSOR NOT RESPONSIBLE FOR ERRORS. This Contest utilizes and
relies upon various communication technologies, the proper
functioning of which is entirely beyond the control of Sponsor. This
Contest also utilizes and relies upon the services of various
companies, including but not limited to Internet service providers,
electrical utilities, and wireless telephone service providers, the
performance of which is entirely beyond Sponsor's control. Sponsor
is not responsible or liable in any way for the consequences of
incorrect, inaccurate, interrupted, defective, or untimely
transmission or transcription of entry information, or for any human
error, technical malfunctions, lost data, transmission line failure,
wireless service gaps, power outages and spikes, computer hardware
and software errors and malfunctions, computer viruses and glitches,
Internet or wireless service inaccessibility, or any other technical,
electronic, transmission, computer error or malfunction or similar
error or malfunction. Should any communication by Sponsor impose a
substantively unreasonable burden on Sponsor or yield an
unanticipated windfall for one or more Entrants that presumptively
was not intended by Sponsor, such communication is deemed to have
been null and void and of no effect.

14.
DISPUTES:

Except where prohibited, entrant agrees that any and all disputes, claims and causes of action arising out of, or connected with, the Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in the State of California. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, entrant's rights and obligations, or the rights and obligations of the Sponsors in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of California, without giving effect to any choice of law or conflict of law rules (whether of the State of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of California. To the extent permitted by applicable law, all judgments or awards
shall be limited to actual out-of-pocket damages (excluding
attorneys' fees) associated with participation in this Contest
and shall not include any indirect, punitive, incidental and/or
consequential damages and in any event, no party may be awarded
punitive damages more than three (3) times the amount of proven
compensatory damages, no matter how large or small such compensatory
damages may be.

15.
PRIVACY. By entering the Contest, each Entrant agrees to the
Sponsor's use of his or her personal information, as described in
Sponsor's Privacy Policy, presently located at
http://www.boingboing.net/policies.html#Privacy

16.
WINNER LIST. Winners names will be published at the website. For a list containing the names of the winners, send a self-addressed, stamped envelope, within six (6)
months of end of the Contest Period, to: Winner List, "Boing
Boing Compeitions", c/o Happy Mutants, LLC, 60 29th
Street #662, San Francisco, CA 94110, Attn: David Pescovitz.

17.
SPONSORSHIP. This Contest is sponsored by Happy Mutants, LLC, 60
29th Street #662, San Francisco, CA 94110.