THE ACTIVE NETWORK, INC. “DESIGN YOUR NEXT DECK” CONTEST OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR WIN
Participation in The Active Network, Inc., Design Your Next Deck Contest (“Contest”) constitutes entrant's full and unconditional agreement to and acceptance of the Contest official rules (“Official Rules”). The Active Network, Inc. (“Sponsor” or “Active”) is the Contest sponsor. Contest participant is referred to herein as “entrant,” “participant,” “you” or “your.”
ELIGIBILITY
The Contest is open to all legal residents of the U.S. residing in one of the Fifty (50) United States or the District of Columbia throughout the Contest Period. The following persons are not eligible: employees of Sponsor, and its respective parent companies, affiliates, subsidiaries, advertising/promotional agencies, judges, agents, and the members of their immediate families or those persons living in the same household of such individuals are ineligible to enter or win. Contest participation is void where prohibited or restricted by law. All federal, state and local laws apply. Taxes if applicable will be responsibility of entrant.
HOW TO ENTER
Contest begins at 12:01 am Pacific Time (PT) on June 1st, 2007 and ends at 11:59 pm PST on November 30, 2007 (“Contest Period”). To enter: You may submit a skateboard deck design on the www.greatSK8giveaway.com site (the “Contest Web site”). Visit the Contest Web site during the entry period and use the tools provided on the site to create your skateboard deck design.
All skateboard deck designs must be created and submitted during same session. Skateboard deck designs cannot be saved on the Contest Web site or on your computer system. Once you have completed your skateboard deck design, click on the “Enter The Contest Now” button to upload your entry.
Entrant must also include: First name, last name, shipping address, phone number, email address, and birth date to enable Sponsor to contact them in the event their entry is selected as a winner in the Contest. Entrant’s information will be used in compliance with the Privacy Policy.
All entrants must strictly comply with the Official Rules. All entries, including but not limited to, designs, ideas, concepts and communications shall be owned solely by Sponsor.
All entries will be reviewed for content before being published or judged; however, such review does not relieve entrant from responsibility for compliance with the contest details. Entries that do not comply with these rules or that otherwise contain prohibited, or inappropriate content as determined by the Sponsor, in its sole discretion, will be disqualified and will not be published or considered for inclusion in the Contest. Sponsor makes the final determination as to which entries are eligible to take part in this Contest and be considered for inclusion for prizes. From time to time during the Contest Period, Sponsor may, in its sole discretion, choose to feature some recent entries on the designated Contest website. Being featured on the Contest website is unrelated to the judging criteria used to select Contest winners and in no way reflects the possibility of the entries being considered a winner in the Contest. All entries are subject to verification. Limit one entry per person, per week during the Contest Entry Period
ENTRY DETAILS AND RESTRICTIONS
Entries must be an original creation and sole property of the entrant. Entries must not have been published previously or won any other award. Entrant’s right to submit an entry must not be restricted. Entry cannot defame or invade publicity rights or privacy of any person, living or deceased, or otherwise infringe upon any person’s personal or proprietary rights. By entering, each entrant forfeits to Sponsor all rights to content of their entry and the concepts embodied therein. Entrant unconditionally assigns and transfers to Sponsor all rights, title, interest and claim which it now has or may in the future have to the entries or any element(s) thereafter including, without limitation, the copyright therein. Sponsor shall have right to use, alter, reproduce, modify, assign or dispose of such entries however it sees fit without approval of entrants. By entering, entrants agree that they have no right to bring (and agree not to bring) any claim, action, or proceeding of any kind or nature whatsoever against Sponsor or Promoter or either of their affiliated companies, subsidiaries, agents, employees, or shareholders in connection with this contest. Entrants grant the Sponsor right to use entrant’s name, image, likenesses, voice and biographical materials, as well as entrant’s entries for advertising, publicity and promotion purposes including without limitation online announcements without additional compensation, unless prohibited by law. Winning entrants may be required to sign and return, within 14 days of issuance, an Affidavit of Eligibility and Publicity/Liability release, or prize will be awarded to alternate winner. Failure of entrant to return the Affidavit will result in disqualification of that entry. Entrants shall not receive any compensation or credit for use of entries, other than that disclosed in rules.
PRIZES
Twenty-four (24) total Grand Prizes will be awarded by Sponsor. One winner each week will be selected to receive: A complete skateboard consisting of their deck design featured on a real skateboard, skateboard trucks, Skateboard wheels, bearings, and grip tape. Approximate Retail Value (ARV) of entire prize package: $150 each. Total ARV of all Grand Prizes awarded: $3,600.00.
Ninety-six (96) First Place Prizes: Four winners, each week will be selected to receive: A custom Skateboard deck featuring their submitted design on a real skateboard. ARV of entire prize package: $50. Total ARV of all First Place Prizes offered: $4,800.00
Four hundred eighty (480) Runner-up Prizes: Twenty winners, each week will be selected to receive: A Vitaball T-shirt or other prize, at the sole discretion of the Sponsor, of equal or greater value. ARV of entire prize package: $10. Total ARV of all Runner-Up Prizes offered: $4,800.00
PRIZE RESTRICTIONS
Prizes are not transferable and no substitution or cash award allowed, except by Sponsor due to unavailability, in which case a prize of equal or greater value will be awarded. Taxes, and all other expenses not specified herein, if any, are the responsibility of the winner. Should a potential winning entrant decide to decline the prize for any reason whatsoever, Sponsor shall have no further obligation to that potential entrant, and an alternate winner will be selected, time permitting. By entering or acceptance of prize, entrants agree to be bound by these Official Rules and consent to use of their names and/or photographs for advertising or publicity purposes without further consideration, except where prohibited by law. Entrants release Sponsor, its subsidiaries and affiliates, their employees, directors, officers and agents, advertising agencies and Promoter, from any and all claims or liability in connection with participation in this promotion or acceptance or use of any prize.
INTERNET
If for any reason this Contest is not capable of running as planned due to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of the Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of this contest, the Sponsor reserves the right at its sole discretion, to disqualify anyone who tampers with the entry process, and to cancel, terminate, modify or suspend the Contest without liability of any kind whatsoever. Sponsor assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries. The Sponsor is not responsible for any problems or technical malfunction of any telephone network or telephone lines, computer on-line systems, servers, or providers, computer equipment, software, failure of any e-mail or entry to be received by Sponsor on account of technical problems, human error or traffic congestion on the Internet or at any Website, or any combination thereof, including any injury or damage to participant’s or any other person’s computer relating to or resulting from participation in this contest or downloading any materials in this contest. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL and CIVIL LAWS and SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW
JUDGING
Entries will be judged based upon the following criteria:
Creativity (45%)
Originality (40%)
Strength of Sponsor Branding (15%)
Entries will be scored and reviewed by the Sponsor’s selected judges (the “Judges”) and winners will be selected weekly. Decisions of Judges are final and binding on all matters relating to this contest. In the event of a tie, the entries involved will be re-judged by an additional judge who will serve as a tiebreaker and who will judge entries according to criteria listed above.
WINNERS
Winners will be determined based on their overall score in accordance with the Judging criteria, and will be selected weekly throughout the Contest Period. Winners will be notified by mail, phone, or email. All decisions of the Sponsor are final and binding. The Sponsor is not responsible for and shall not be liable for any late, lost, or misdirected notification, or for winner's unsuccessful efforts to claim any prize.
GENERAL TERMS AND CONDITIONS
By entering, each participant agrees to be bound by these Official Rules and the decisions of Sponsor, which shall be final. Sponsor, and their respective agents and representatives, parent companies, affiliates, subsidiaries, advertising, promotion, and fulfillment agencies, and legal advisors are not responsible for and shall not be liable for: (i) late, lost, delayed, damaged, misdirected, incomplete, illegible, unintelligible, or postage-due entries; (ii) telephone, electronic, hardware or software program, network, Internet, or computer malfunctions, failures, or difficulties of any kind; (iii) failed, incomplete, garbled, or delayed computer transmissions; (iv) any condition caused by events beyond the control of the Sponsor that may cause the Contest to be disrupted or corrupted; (v) any injuries, losses, or damages of any kind arising in connection with or as a result of the prize, or acceptance, possession, or use of the prize, or from participation in the Contest; or (vi) any printing or typographical errors in any materials associated with the Contest. Sponsor reserves the right, in its sole discretion, to suspend or cancel Contest at any time if a computer virus, bug, or other technical problem corrupts the administration, security, or proper play of the Contest.
By participating in the Contest, each participant agrees to release and hold Sponsor and its employees, officers, directors, shareholders, agents, representatives of Sponsor, its parent companies, affiliates, subsidiaries, advertising, promotion, and fulfillment agencies, and legal advisors, harmless from any and all losses, damages, rights, claims and actions of any kind in connection with the Contest or resulting from acceptance, possession, or use of any prize, including without limitation, personal injury, death, and property damage, and claims based on publicity rights, defamation, or invasion of privacy.
LIMITATION OF LIABILITY/DISCLAIMER OF WARRANTIES. SPONSOR SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM OR RELATED TO ENTRANT’S PARTICIPATION IN THE CONTEST EVEN IF SPONSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU EXPRESSLY AGREE THAT YOUR PARTICIPATION IN THE CONTEST IS AT YOUR SOLE RISK, AND THAT ALL PRODUCTS AND SERVICES PROVIDED BY SPONSOR OR THIRD PARTIES IN CONNECTION WITH THIS CONTEST ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SPONSOR EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
California law shall apply to the resolution, award, enforcement and collection relating to any dispute or claim related to or arising under these Official Rules. Each party irrevocably submits to service of process in the County of San Diego, California, which shall serve as the exclusive jurisdiction and venue for any matter advanced to enforce these Official Rules or any portion thereof. If any provision of the Official Rules shall be found unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Official Rules and shall not affect the validity and enforceability of any remaining provisions. When accessing Sponsor’s online website for any reason, entrant agrees to comply with Sponsor’s published online terms of use and privacy policy governing such use.
WINNERS LIST
For a list of the winners, available after 11/30/07, send a SASE by 12/31/07 to: Design YOUR Next Deck Contest, 10182 Telesis Court, Suite 300, San Diego, CA 92121. The winners will also be featured on the Contest Web site at www.greatSK8giveaway.com.