Official Play Cupid with Qipit Contest Rules
1. No purchase necessary. No purchase OR PAYMENT OF ANY KIND IS necessary to enter or win the PLAY CUPID WITH QIPIT CONTEST ("Contest"). Purchase will not enhance chance of winning. Because this Contest is a contest of skill, winning is dependent on the quantity and quality of the entries received.
2. Contest. Contest begins on FEBRUARY 5, 2007 and ends on FEBRUARY 14, 2007. Entries must be received 11:59 pm Pacific Standard Time on FEBRUARY 14, 2007. Winners will be notified by e-mail, text message, and/or a blog post to participants in the contest.
3. Entry. To enter, you must register for a free qipit account at the qipit website ("Website") (https://www.qipit.com/pub/register), then create a unique and original Valentine message ("entry") using a camera phone or digital camera and the qipit service. By creating and submitting an entry, you and any co-creators (collectively, "Entrant") are agreeing to abide by and be bound by these Official Rules and any decision RealEyes3D or its designees make regarding any matters relating to the Contest. To the extent these Official Rules conflict with the provisions of the qipit Website Terms and Conditions or Privacy Policy available at https://www.qipit.com, the Official Rules shall prevail. Entrants may use a print out of a template provided on the qipit blog (http://blog.qipit.com/2007/01/30/play-cupid-with-qipit/) or create their own. The use of the qipit service to create the qipit digital copy entry is required (www.qipit.com). Entries should be submitted electronically via email or using a picture messaging service from your camera phone (Multi-media Message Service a.k.a. MMS or Mobile Email). Send a digital photograph in JPEG format (with a ‘.jpg’ file extension) to contest@qipit.com. The camera phone must have a high enough resolution (greater than 1 Mega Pixel) and auto-focus or a macro-mode to work properly with qipit. Entrant may alternatively use a digital camera which meets the above qipit service requirements. The entry must be completely compatible with the qipit service. Entrants who do not comply with one or more of these requirements or these Official Rules are not eligible to compete or win a prize.
4. Submissions. An Entrant may submit multiple entries but may win only one (1) prize. Upon submission, all entries become the property of RealEyes3D, S.A. ("RealEyes3D") and will not be acknowledged or returned. Entrant hereby irrevocably assigns, transfers and conveys all title and ownership of each entry of theirs, including any and all intellectual property rights, publicity rights, and other rights of publication arising therefrom, to RealEyes3D. Entrant agrees to cooperate with RealEyes3D in transferring or perfecting such intellectual property rights and all other rights granted to RealEyes3D herein. RealEyes3D. reserves the right to edit, adapt, copyright, create derivative works from, publish and use, in any and all media, any or all entries and publish without further permission or compensation to Entrant, to the extent allowed by law. Entrant hereby irrevocably waives any claim whatsoever for any compensation of any kind in connection with any entry, including any and all royalties on the sale, lease, licensing or other transfer of any products. If an entry is chosen by RealEyes3D as a Contest winner, each creator or co-creator of the winning entry expressly consents to the public disclosure of their name and the entry. Furthermore, each creator or co-creator of each winning entry consents to the use of their name, photograph and/or likeness, address, voice, and statements made by or attributed to each of them, by RealEyes3D, in perpetuity, in all media, technologies, and other formats now existing or later developed (including but not limited to print, broadcast, and Internet), for all business purposes, such as advertising and promotional activities, without additional compensation, notice, or approval, unless prohibited by law.
5. Device. Each Entrant shall be aware that ideas submitted from an employer- or school-owned computer or device may be the property of the school or employer so all Entrants must submit entries only from personally-owned computers or mobile devices.
6. Eligibility. Entrants must be 18 years of age or over. Employees, owners, independent contractors, representatives, advertising/promotion agencies, and affiliates of RealEyes3D and their immediate families and persons living in the same household of such persons are not eligible. The Contest is void where prohibited or restricted by law.
7. Entrant Representations and Warranties. By entering, each Entrant represents and warrants that the Entrant is the sole designer, creator, and owner of the entry (or has permission to use all material), and that the entry contains only original ideas, has not been entered in any other competition, and does not infringe the copyright or any other intellectual property rights of any third party. Entrant must have obtained all necessary releases from any persons or related to any subject matter appearing in each entry. Entrant hereby agrees to indemnify and hold harmless RealEyes3D and its officers, directors, agents, representatives, affiliates, and employees from and against any claims arising from Entrant's actions that are inconsistent with the foregoing or any other breaches of the Official Rules. Designs for products that are already in commercial production may not be entered.
8. Indemnification and Liability Limitation. BY ENTERING THE CONTEST, EACH ENTRANT INDEMNIFIES, RELEASES AND AGREES TO HOLD HARMLESS RealEyes3D AND APPLE INC., AND THEIR RESPECTIVE PARENTS, SUBSIDIARIES, AFFILIATES, OWNERS, EMPLOYEES, OFFICERS, DIRECTORS, AND AGENTS FROM ANY LIABILITY WHATSOEVER FOR ANY CLAIMS, COSTS (INCLUDING WITHOUT LIMITATION ATTORNEY FEES), LOSSES, OR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO THOSE RELATED TO, PERSONAL INJURY, DEATH, DAMAGE TO PROPERTY, INFRINGEMENT OF PROPRIETARY RIGHTS, RIGHTS OF PUBLICITY OR PRIVACY, OR DEFAMATION) ARISING OUT OF OR IN CONNECTION WITH ENTRANT'S: (1) ENTERING THE CONTEST; (2) ACCEPTANCE OR USE OF ANY PRIZE; (3) ANY OTHER ACT OR OMISSION ARISING OUT OF OR RELATING TO THE CONTEST; OR (4) ANY COMPONENT OF THE APPLE PRODUCTS. RealEyes3D shall not be liable to anY Entrant for USE OF THE ENTRIES.
9. Chances. RealEyes3D estimates that the total number of entrants in the contest will likely be less than 2,000, and three prizes will be awarded. One (1) first place winner, one (1) second place winner, and one (1) third place will be selected. The winners will be selected based on two criteria – originality (approximately 90%) and quality/legibility of the qipit digital copy (approximately 10%). Winners will be determined at the sole discretion of RealEyes3D.
10. Entry Limitations. RealEyes3D reserves the right to disqualify, and delete from its system, any entry that, in its sole discretion, RealEyes3D believes: (i) is unlawful, harmful, abusive, racially or ethnically offensive, vulgar, obscene, sexually explicit or suggestive, defamatory, infringing, fraudulent, invasive of personal privacy or publicity rights, harassing, libelous, threatening, or in its view, objectionable; (ii) is an attempt to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the qipit Website; (iii) imposes, or may impose, at our sole determination, an unreasonable or disproportionately large load on our infrastructure; (iv) contains, uses, uploads, or attempts to use or upload invalid data, bugs, errors, Trojan horses, time bombs, viruses, worms, or other software agents designed to interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment, to the qipit Website; (v) contains or uses any robot, spider, or scraper; (vi) results in Entrant impersonating another person or otherwise misrepresenting Entrant's affiliation with a person or entity; (vii) includes material that Entrant does not have a right to make available under any law or under contractual or fiduciary relationships; or (viii) fails to meet the entry requirements or violates the qipit Website Terms and Conditions. RealEyes3D reserves the right to disqualify and prosecute to the fullest extent permitted by law, any Entrant who, in RealEyes3D sole determination or suspicion, tampers with any of RealEyes3D's websites, the entry process, or the Contest, violates these Official Rules, or acts in a disruptive manner. In the event of disqualification of a winner, RealEyes3D may replace the winner with the next runner-up at the sole discretion of RealEyes3D. Winners may also be required to send a copy of their passport, driver's license and/or birth certificate as proof of age. Non-compliance with this requirement or with the age requirements of the Official Rules may result in disqualification, in which case RealEyes3D may select an alternate winner.
11. Winners and Prizes: The first (1st) place winner will receive an Apple Inc. iPhone (4GB version – current expected retail price of $499), which may or may not include an obligation of a cell phone service plan with a carrier, when the iPhone is generally available to U.S. retailers and RealEyes3D; the second (2nd) place winner will receive a $100 iTunes gift certificate; and the third (3rd) place winner will receive a $50 iTunes gift certificate. Winner may be required to purchase a cellular phone service plan from Cingular/AT&T, which shall be the sole responsibility and expense of the winning Entrant. These prizes are non-transferable, non-redeemable for cash and may not be applied as a credit towards a different product. These prizes shall not include any cell phone service plan fees, transaction costs, taxes, governmental fees, etc., which shall be the sole responsibility of the winners. Apple's products may include terms and conditions that apply to all winners. The fair division and distribution of prizes among co-creators of winning entries is the responsibility of the winners. All prizes will be awarded to the first and last name as it appears in the Entrant's qipit user account. Entrants agree and acknowledge that the Apple iPhone is not currently commercially available, RealEyes3D is not in control of when this product will be commercially available, as such, the delivery of this prize will not occur until RealEyes3D is able to procure the Apple iPhone. RealEyes3D reserves the right to withhold any taxes as required by applicable law. The winning entrants may be required to supply Social Security numbers or other taxpayer identification numbers prior to the award of any prize.
Winners will be listed at http://blog.qipit.com/ no later than FEBRUARY 21, 2007. To request a winner’s list, send an email to feedback@qipit.com. The winning Entrants will be notified by e-mail and/or regular mail and must sign and return any documents, if requested by RealEyes3D, within the time period stipulated in the documents. Failure to comply with this requirement, or any notification returned as undeliverable, may result in disqualification.
12. Agreement. Entrant has fully read and understands the Official Rules for participation in the Contest and agrees to abide by the Official Rules and by the decisions of RealEyes3D, which are final and binding on all matters pertaining to this Contest. If the content being submitted belongs to Entrant’s company, Entrant agrees on behalf of the company to be legally bound by these terms and conditions and Entrant confirms that he/she is authorized to enter into this agreement on behalf of the company. If the content being submitted belongs to Entrant personally, Entrant agrees to be legally bound by these terms and conditions. By entering, you agree to waive any right to claim ambiguity or error in these Official Rules.
13. Warranty Disclaimer. EACH Entrant agrees that the RealEyes3D and its officers, directors, agents, representatives, affiliates, and employees will have no liability whatsoever for any injuries, losses, or damages of any kind resulting from participation in the Contest (INCLUDING WITHOUT LIMITATION: (1) LATE, LOST, DELAYED, DAMAGED, MISDIRECTED, INCOMPLETE, OR UNINTELLIGIBLE ENTRIES; (2) TELEPHONE, ELECTRONIC, HARDWARE OR SOFTWARE PROGRAM, NETWORK, INTERNET, OR COMPUTER MALFUNCTIONS, FAILURES, VIRUSES OR DIFFICULTIES OF ANY KIND; (3) FAILED, INCOMPLETE, GARBLED, OR DELAYED COMPUTER TRANSMISSIONS; (4) THE UPLOADING OR DOWNLOADING OF ANY MATERIAL IN CONNECTION WITH THIS CONTEST; AND (5) ANY OTHER CONDITION THAT MAY CAUSE THE CONTEST TO BE DISRUPTED OR CORRUPTED), or resulting from the acceptance, possession, or use of these prizes, nor in any way are responsible for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to any prize, including but not limited to the quality, condition, or fitness. RealEyes3D assumes no responsibility for any problems or technical malfunction of any telephone network or lines, computer systems, servers, software, Internet service providers, or e-mail systems; failure of any entry to be received on account of technical problems or incomplete, late, lost, damaged, illegible, misdirected, or postage-due mail; or any combination thereof, including damage to entrants' or anyone else's computer equipment related to or resulting from participation or downloading of any materials in this Contest.
REALEYES3D RESERVES THE RIGHT, IN ITS SOLE DISCRETION AND WITHOUT PRIOR NOTICE, TO SUSPEND OR CANCEL ANY CONTEST OR ALTER THE OFFICIAL RULES FOR ANY REASON, INCLUDING BUT NOT LIMITED TO ALTERATION OR CORRUPTION OF THE ADMINISTRATION OF THE CONTEST BY COMPUTER VIRUS, TECHNICAL PROBLEM, OR OTHER UNFORESEEABLE EVENT.
14. Governing Law. This Contest and these Official Rules shall be governed by and construed in accordance with the laws of the State of California, applicable to contracts made and performed therein without reference to conflicts of law principles. All actions, proceedings, or litigation relating hereto will be instituted and prosecuted solely within the State of California, County of Santa Clara. The parties consent to the exclusive jurisdiction of the federal and state courts located in the State of California, County of Santa Clara, with respect to any action, dispute, or other matter pertaining to or arising out of this Contest. All headings are for convenience only and shall not be used to interpret or construe the Official Rules.
All questions regarding the contest should be directed by e-mail to RealEyes3D at feedback@qipit.com.
