uTIPu is all about sharing. We just got 25 brand new Apple iPod Touch and want to share them with you. To be eligible to win your iPod Touch, you simply need to record a Tip using our TipCam - a tip can be anything that is interesting to others - and post it to our web site. If your Tip is one of the first 25 tips that are viewed more than 10,000 times before June 30, 2008, you win one of those iPod Touch. There is no cost to enter, and no purchase required.
Still interested? On to the fine print then! And, because of the serious prizes, there is some important legalese you need to attend to...
The Contest entry period commences on 12:01 AM ET December 15, 2007 and continues through 11:59 PM ET June 30, 2008 (the "Contest Term").
Current and former employees, officers, contractors and agents of uTIPu, its subsidiaries and equity affiliates, together with members of their immediate families (parent, child, sibling and spouse of each) and those living in their same households, or utipu and independent contractors supporting the Contest, are ineligible to participate in the Contest or be awarded or retain any Contest Prize. Everyone else is welcome.
The Contest is void where prohibited or restricted by law. uTIPu reserves the right to limit, or restrict upon notice, participation in the Contest to any person at any time for any reason.
Participants do not need to register for this contest. However, to post tips to uTIPu.com (the "Site"), Participants must open a free account with uTIPu.com. To participate in the Contest, the information provided by Participant when opening the account must be accurate and complete. uTIPu will not reveal Participant identities unless and until the Participant wins a prize.
An eligible Tip must be originally developed or implemented (e.g., must not violate or infringe on any applicable law or regulation or third-party rights); must be compliant to uTIPu's Terms of Use; must be written in English; and must not require any third-party software or licenses, payment on the part of uTIPu, or otherwise prevent uTIPu from exercising the rights granted hereunder. An eligible Tip must be posted to the Site as published for public share.
An eligible view of a Tip is the action of a user (other than the Participant who creates the Tip) watching the Tip video from beginning to end in person. Any partial view or any view generated by automated means is not eligible and is not counted toward the 10,000 total views required to win. Any attempt by a Participant to use automated means to generate views will disqualify the Participant and the Tip for Contest.
Contest Prizes:
A Participant is eligible to win and be awarded only one (1) Contest Prize. Only one Participant from each household or postal address is eligible to win. In the event a qualified Participant cannot be reasonably notified, verified or confirmed based on two (2) attempts (or additional attempts at uTIPu's sole discretion), a Contest Prize is declined or a potential winner is not in compliance with these Rules or eligible for award of a Contest Prize for whatever reason, an alternate potential prize winner will be chosen and verified in accordance with these Rules.
Awarded Contest Prizes will be sent to the winning Participants according to the winning Participant's instructions 4-6 weeks after uTIPu has declared a winner. Return of a Contest Prize or failure of Contest Prize delivery will result in disqualification and an alternative potential winner will be chosen and verified in accordance with these Rules.
Any costs or expenses associated with the acceptance and use of any Contest Prize are the sole responsibility of the Contest Prize winners. All Contest Prize details are at uTIPu's sole discretion. A Contest Prize winner may make no substitutions or assignment of a Contest Prize other than as specified in these Rules.
A. Delivery. A Participant is solely responsible for the equipment and Internet access required to connect to the Site and/or participate in the Contest. uTIPu will not be responsible for lost, late, incomplete, stolen, misdirected, undelivered, delayed, inaccurate, garbled or illegible materials, entries, email or mail; or for any computer, telephone, cable, network, satellite, electronic or Internet hardware or software malfunctions, failures, connections, or availability, or for garbled or jumbled transmissions, or for service provider/Internet/Web site/use net accessibility or availability, traffic congestion, or unauthorized human intervention, or for inaccurate capture of any information, or the failure to capture any such information. uTIPu is not responsible for any incorrect or inaccurate information, whether caused by printing errors, Site users, tampering, hacking, or by any of the equipment or programming associated with or utilized in the Contest, and is not responsible for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to the Contest Site or any communications means or for any other error of failure of any kind in connection with or relating to this Contest, whether caused by any human, typographical, printing, mechanical, computer or other means, including, without limitation, errors or failures which may occur in connection with the processing or storing of information, the administration of the Contest, the uploading, processing validating, posting and/or judging of entries, the announcement of the Contest Prizes or in any Contest-related materials. Participants located outside of the U.S. should note that delivery/and or custom's delays could occur. uTIPu is not responsible for injury or damage to Participants' or to any other person's computer related to or resulting from participating in this Contest or downloading materials from or use of the Site.
B. Entries; Verification/Audit; Participant Cooperation. All activities relating to Participant's participation in the Contest and material submitted are subject to verification and/or auditing for compliance with these Rules and Participants agree to reasonably cooperate with uTIPu concerning verification and/or auditing. In the event that Contest verification activity or an audit evidences non-compliance with the Rules or official Contest communications, as determined in uTIPu's reasonable discretion, a Participant's continuing participation in any aspect of the Contest may be suspended or terminated.
uTIPu reserves the right, in its sole discretion, to reasonably suspend or cancel the Contest should any virus, bug and/or other cause corrupt the administration, security or proper operation of the Contest. In the event the Contest is cancelled, uTIPu may, at its sole discretion, determine the winners from among all eligible and non-suspect validated entries received up to the time of such action using the judging procedure outlined above.
C. Participants' Contest Consent and Releases. As a condition of winning the Contest and receipt and acceptance of a Contest Prize, a Participant will be required to permit uTIPu to use a winner's Tip, uTIPu user id, city, state/province, country, and zip code, worldwide in perpetuity, for the purposes of Contest-related advertising, promotion and publicity, and additionally including those specific purposes disclosed on the Site, without further compensation, notification or permission, unless prohibited by law.
D. Tax Consequences. Participation and receipt of benefits from the Contest will have tax consequences. Participants should speak with their tax advisors prior to participation and receipt and acceptance of Contest Prizes to prevent any undesired results. Should there be any local tax liability for participation in the Contest or the receipt of a Contest Prize, or costs or expenses relating to participation in the Contest or for the use and enjoyment of any Contest Prizes, or for any other reason, such taxes and/or expenses are the sole responsibility of the Participant. As a condition of winning the Contest and receipt and use of any Contest Prize, Participants agree to self-report to applicable local taxing authorities, as may be required by local laws.
E. Rules Amendment and Interpretation. The Contest and its continuing terms and conditions, benefits and participation are offered to Participants at the sole discretion of uTIPu and its affiliated companies. uTIPu reserves the right to amend or interpret the Rules or official Contest communications and any element or elements arising under or relating to the Contest at any time, upon published notice to Participants on the Site. A Participant shall be deemed to have notice of any such amendments or interpretations upon publication of the same on the Site and shall be deemed to have accepted such amendments or interpretations by virtue of a Participant's continuing participation in the Contest. Should a Participant not wish to continue to participate in the Contest pursuant to the prevailing Rules, as amended or interpreted, a Participant may terminate participation in the Contest by abandoning their registration on the Site. All submitted materials remain the property of uTIPu.
F. Rule Compliance Interpretation; Adjudication and Remedial Process. uTIPu reserves the right to make all decisions, in its discretion, arising out of or relating to instances of suspected abuse, fraud, error or anomalies in the operation of the Contest, including the Site, or any other interpretation, activity or suspected violation relating to the Contest, and such decisions by uTIPu are final and binding. Aggrieved Participants further agree, prior to resort to formal dispute resolution specified below, to submit to uTIPu via certified mail (uTIPu Inc., Contest Administration Department, 901 Yamato Road, Suite 116, Boca Raton, FL 33431) for internal adjudication a written statement concerning and fully describing any grievance for expeditious review and formal response by uTIPu. The formal response and decision by uTIPu shall be final and binding on a Participant, absent clear and convincing evidence that uTIPu has acted in an arbitrary or capricious manner. uTIPu's decision of a particular matter with an individual Participant shall not bind uTIPu as to decisions or adjudications of similar future matters, if there is a rational basis for distinguishing the facts and circumstances of such matters. A Participant must first exhaust the internal adjudication process for grievances before proceeding to formal dispute resolution. The foregoing deference and evidentiary standards relating to uTIPu's decision-making shall apply in the below-described formal dispute resolution.
Except where prohibited, Participants in the Contest agree that: (1) any and all disputes, claims, and causes of action arising out of or connected with this Contest, or any benefits received, or the administration of the Contest not resolved through internal adjudication shall be resolved individually, without resort to any form of class action, and exclusively by arbitration, to take place in the State of Florida pursuant to the Rules of the American Arbitration Association, then effective, (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in the Contest and in no event shall Participant be entitled to receive attorneys' fees or other legal costs; and (3) under no circumstances will a Participant be permitted to obtain awards for and Participants hereby waive all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. Except where prohibited, all issues and questions concerning the construction, validity, interpretation and enforceability of these Rules, or the rights and obligations of Participant(s) and uTIPu in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the United States of America and the State of Florida, without regard for conflicts of law doctrine of any jurisdiction, and subject to resolution only in the Palm Beach Country, State of Florida, United States. By entry and participation in the Contest, Participants agree that the Palm Beach County, State of Florida, United State of America will be the exclusive forum for any formal dispute resolution.
G. NO WARRANTY. UTIPU, ORGANIZERS AND THEIR SUBSIDIARIES, AFFILIATED COMPANIES AND ALL OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS (COLLECTIVELY, THE "RELEASED PARTIES") EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS OF ANY KIND (WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE), INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES SHALL RELEASED PARTIES BE HELD RESPONSIBLE OR LIABLE FOR A PARTICIPANT'S USE OF THE INFORMATION AND/OR PRODUCTS PROVIDED AND/OR MADE AVAILABLE THROUGH THE CONTEST OR FOR ERRORS OR ANOMALIES RESULTING IN THE UNINTENDED OR ERRONEOUS PARTICIPATION, AWARD OF CONTEST PRIZES OR OTHER BENEFITS UNDER THE CONTEST TO PARTICIPANTS. RELEASED PARTIES OFFER NO ASSURANCES, GUARANTEES OR WARRANTIES OR CONDITIONS THAT THE CONTEST OR CONTEST WEBSITES WILL BE UNINTERRUPTED OR ERROR-FREE AND DOES NOT GUARANTEE THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE CONTEST. RELEASED PARTIES ASSUME NO RESPONSIBILITY FOR ANY COMPUTER-RELATED DAMAGES DUE TO DOWNLOADING MATERIALS. RELEASED PARTIES WILL NOT BE LIABLE, AND ARE NOT RESPONSIBLE, FOR DAMAGES OF ANY KIND RELATED TO A PARTICIPANT'S PARTICIPATION OR INABILITY TO PARTICIPATE IN THE CONTEST, WHETHER THE DAMAGES ARE DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL. FURTHER, BY PARTICIPATING IN THE CONTEST AND/OR ACCEPTING A CONTEST PRIZE, A PARTICIPANT AGREES THAT RELEASED PARTIES SHALL NOT BE LIABLE FOR, AND WILL BE HELD HARMLESS BY PARTICIPANT AGAINST, ANY LIABILITY FOR ANY DAMAGE, INJURY OR LOSS TO PERSON (INCLUDING DEATH) OR PROPERTY DUE IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, TO ACCEPTANCE, POSSESSION, USE OR MISUSE OF A CONTEST PRIZE, PARTICIPATION IN ANY CONTEST PRIZE-RELATED ACTIVITY, RELEASED PARTIES' USE OF ANY TENDERED ENTRY OR PARTICIPATION IN THIS CONTEST. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; THEREFORE THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY.
H. Indemnification. Participants agree to release, defend, indemnify and hold harmless Released Parties from and against, and accept all responsibility of any kind, including but not limited to financial, for any liability, claims, losses, damages or proceedings, including but not limited for death, (including reasonable attorneys' fees) relating to any actions taken by a Participant, including submission of Application algorithms and executables, or anyone else using a Participant's e-mail or team password or otherwise purporting to act on Participant's behalf in regard to the Contest (whether or not such use occurred with or without your permission). Participant also agrees to release, defend, indemnify and hold harmless the Released Parties from any and all liability, claims, losses, damages or proceedings, including but not limited for death (including reasonable attorneys' fees) relating to Prizes and any other matter in connection with a Participant's participation in the Contest or uTIPu's or its designees or uTIPu's or it's designees use of his/her Application.
These rules, terms and conditions specified here comprise the Contest's Official Rules and, together with the Contest Site's Terms of Use and official Contest communications or publications by uTIPu, shall govern and apply to all participation and activity arising out of and relating to the Contest and use of the Site. These Rules cannot be modified or superseded except by uTIPu, in its reasonable discretion.
Apple® and iPod® are trademarks of Apple Computer, Inc. registered in the U.S. and other countries and are not affiliated with uTIPu Inc.
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