NO PURCHASE NECESSARY TO ENTER OR WIN
1. Eligibility: Protoad's monthly contest (the "Contest") is open only to legal residents of the world who are at least eighteen (18) years old, who did not purchase any special equipment for the purpose of entering this Contest. Entrants must have an account with Protoad, which is free. Employees of Protoad, LLC, and any of it's parent and affiliate companies as well as the immediate family (spouse, parents, siblings and children) and household members of each such employee are not eligible. Subject to all applicable federal, state, and local laws and regulations. Void where prohibited.
2. Sponsor: Protoad, LLC, P.O. Box 848, Medford, OR, 97501. Administrator: Princess Consulting, LLC, P.O Box 1, Greenview, CA, 96037.
3. Agreement to Official Rules: Participation in this Contest constitutes entrant's full and unconditional agreement to these Official Rules and Sponsor's and Administrator's decisions, which are final and binding in all matters related to this Contest. Winning a prize is contingent upon fulfilling all requirements set forth herein.
4. Timing: The Monthly Contest begins at 12:00am (midnight) on the first day of each month and ends at 11:59pm on the last calendar day of each month. Pacific Standard Time (PST) Protoad, LLC's computer is the official time-keeping device for the Contest.
5. How to Enter: Visit www.protoad.com, log in and follow the links and instructions to create or log in to your Protoad account (the "Account"). Once logged in to your Account, follow the links and instructions to make a submission in the form of an advertisement for a product or service of your choice, (the "Submission"). All submissions must portray the product or service in a favorable light. By uploading your Submission, you agree that your Submission conforms to the Submission Guidelines and Content Restrictions as defined below (collectively, the "Guidelines and Restrictions") and that Sponsor, in its sole discretion, may remove your Submission and disqualify you from the Contest if it believes, in its sole discretion, that your Submission fails to conform to the Guidelines and Restrictions.
Submission Guidelines:
Content Restrictions:
For All Submissions: No Limit: You may submit as many Submissions as you like for as many products as you like, there is no limit on the amount of Submissions you make each month.. Submissions generated by script, macro or other automated means are void. The person who creates the Account will be deemed to be the entrant. Entrant must have permission from all individuals that appear in the Submission (if any) to use their name and likeness in the Submission and to grant the rights set forth herein. If requested by Sponsor, entrant must be able to provide such permissions in a form acceptable to Sponsor. In the event there is a conflict between the Protoad, LLC Terms and Conditions and these Official Rules with regard to this Contest, these Official Rules shall prevail. Released Parties (as defined in Section 9, below) are not responsible for lost, late, stolen, damaged, incomplete, invalid, un-intelligible, garbled, delayed or misdirected Submissions; all of which will be void.
In the event of a dispute as to any Submission, the authorized account holder, at time of entry, of the email address used to create the applicable Account will be deemed to be the entrant and must comply with these Official Rules. The "authorized account holder" is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Each entrant may be required to show proof of being the authorized account holder.
6. Winner Determination: Winners will be determined according to the process set forth below. Submissions are selected based on an aggregate of the ratings they receive on protoad.com from viewers of the Submission and the ratings received from a panel of qualified judges determined by Sponsor in its sole discretion. The ten (10) highest-scoring Submissions (the "Finalists") will be voted on by protoad's panel of experts. Finalists aggregate is made up of:
In the event of a tie, the entrant whose Submission received the highest score, as determined by the qualified judges in their sole discretion, will be deemed the applicable Finalist. Sponsor reserves the right to select fewer than ten (10), if, in its sole discretion, it does not receive a sufficient number of eligible and qualified Submissions. Sponsor also reserves the right, in its sole discretion, to select an alternate winner for any prize, should the voting appear to have been tampered with or manipulated in any way.
For the Rating Phase: Any attempt by any user to submit fraudulent rating via any method will void that user's Submission(s) (if any) and he/she will be disqualified from further participation in the Contest. Use of script, macro or any other automated system to rate Submissions is prohibited and all such results will be void. Released Parties (as defined in Section 9 below) are not responsible for lost, late, incomplete, garbled, delayed, invalid, unintelligible or misdirected ratings, which will be void. In the event of a dispute as to any rating, the authorized account holder of the email address used to post the rating will be deemed to be the rate placer. The "authorized account holder" is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address.
7.Winner Requirements: The potential Monthly Prize winner will be notified via Protoad account in order to collect his or her contact information and later by email or phone on or around the 6th of each subsequent month. Each potential winner will have seven (7) days after being notified via Protoad account to respond with his or her full contact information, or forfeit the prize. Then, each potential winner (parent/legal guardian if a minor in his/her state of residence) will be required to execute and return to Administrator, within ten (10) days of the date notice or attempted notice is sent, an Affidavit of Eligibility, Liability & Publicity Release ("Affidavit") in order to claim his or her prize. If a potential winner cannot be contacted within a reasonable time period, fails to respond to the Protoad notification within the required time period, fails to execute and return the Affidavit within the required time period, is not in compliance with these Official Rules, or prize or prize notification is returned as undeliverable, such potential winner forfeits the prize. If a potential winner is disqualified for any reason, the prize may be awarded to a runner-up, if any, in Sponsor's sole discretion. Only two (2) alternate winners will be selected through this process, after which the applicable prize will remain un-awarded. Acceptance of any prize shall constitute and signify winner's agreement and consent that Sponsor and its designees may use the winner's name, city, state, likeness, photo, Submission and/or prize information in connection with the Contest for promotional, advertising or other purposes, worldwide, in any and all media now known or hereafter devised, including the Internet, without limitation and without further payment, notification, permission or other consideration, except where prohibited by law. Without limiting the generality of these Official Rules, winner shall irrevocably grant, transfer, convey and assign to Sponsor the entirety of the rights in and to the Submission and all renewals and extensions of copyright, and the right to secure copyright registrations thereto in perpetuity including, without limitation, the rights to use the Submission for any and all purposes in any and all media whether now known or hereafter developed, on a worldwide basis, in perpetuity. Winner accepts and acknowledges that Sponsor shall not be obligated to use the Submission and that Sponsor in its sole discretion shall have the right to refrain from using the Submission. Sponsor shall not incur any liability whatsoever to the extent Sponsor chooses to refrain from any exploitation of its rights hereunder. Winner will indemnify Sponsor, Released Parties (as defined in Section 9, below) and any licensee of Sponsor against all claims, damages, liabilities, and expenses (including reasonable counsel fees and legal expenses) arising out of any breach of these terms. Prizes will be fulfilled approximately seven (7) days after all winners are confirmed.
8.Prizes: Two Prizes Each Month Of: $500.00. One $500.00 prize for the "Best Original Submission" each month and one $500.00 prize for the "Best submission for our Featured Company of the Month"
For All Prizes: Prizes are non-transferable and no substitution will be permitted unless Sponsor, in its sole discretion, determines otherwise. Winners are responsible for all federal, state and local taxes and any other costs, expenses or fees associated with prize acceptance and/or use not specified herein as being provided. All prize details are at Sponsor's sole discretion.
9.Release: By participating, entrant agrees to release and hold harmless the Sponsor, Protoad, LLC, Administrator and their respective subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and prize suppliers, and each of their respective parent companies and each such company's officers, directors, employees and agents (collectively, the "Released Parties") from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Contest or receipt or use or misuse of any prize.
10.General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Contest, or any part of it, if any fraud, technical failures or any other factor impairs the integrity or proper functioning of the Contest, as determined by Sponsor in its sole discretion. If terminated, Sponsor may, in its sole discretion, determine the winners from among all non-suspect, eligible Submissions received up to time of such action using the judging procedure outlined above. Sponsor, in its sole discretion, reserves the right to disqualify any individual it finds to be tampering with the Submission process or the operation of the Contest or to be acting in violation of these Official Rules or any other promotion or in an unsportsmanlike or disruptive manner and void all associated Submissions. Any attempt by any person to deliberately undermine the legitimate operation of the Contest may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages and other remedies (including attorneys' fees) from any such person to the fullest extent permitted by law. Sponsor's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
11.Limitations of Liability: Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrant, printing, typographical or other errors or by any of the equipment or programming associated with or utilized in the Contest; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the Submission process or the Contest; (4) printing, typographical, technical, computer, network or human error which may occur in the administration of the Contest, the uploading, the processing or judging of Submissions or votes or the tabulating of votes, the announcement of the prizes or in any Contest-related materials; (5) late, lost, undeliverable, damaged or stolen mail; or (6) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant's participation in the Contest or receipt or use or misuse of any prize. Released Parties are not responsible for misdirected or undeliverable Submissions or for any technical problems, malfunctions of computer systems, servers, providers, hardware/software, lost or unavailable network connections or failed, incomplete, garbled or delayed computer transmission or any combination thereof. Released Parties are not responsible for any unauthorized third party use of any Submission.
12.Disputes: Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for Medford, Oregon or the appropriate Oregon State Court; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, but in no event attorneys' fees; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, 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. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of Oregon without giving effect to any choice of law or conflict of law rules (whether of the State of Oregon or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Oregon.
13.Entrant's Personal Information: Information collected from entrant is subject to Protoad, LLC's Privacy Policy www.protoad.com/privacy.
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