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Vote and Win!
Audience Choice Sweepstakes
Offered in Connection with the
Websites.com Best New Small Business Site Award Contest – Summer 2009
OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. INTERNET ACCESS IS REQUIRED TO ENTER. THE FOLLOWING SWEEPSTAKES IS OPEN ONLY TO LEGAL RESIDENTS OF THE 50 UNITED STATES AND THE DISTRICT OF COLUMBIA WHO ARE 21 YEARS OF AGE AND OLDER AND WHO ARE LOCATED IN THE UNITED STATES AT THE TIME OF ENTRY. THIS SWEEPSTAKES IS SUBJECT TO ALL FEDERAL, STATE AND LOCAL LAWS AND REGULATIONS. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
1. ELIGIBILITY REQUIREMENTS: This Websites.com Audience Choice Sweepstakes (the “Sweepstakes”) is offered in connection with the Websites.com Best New Small Business Site Award Contest – Summer 2009 (the “Contest”), which is open only to legal residents of the 50 United States and the District of Columbia who are 21 years of age and older and who are located in the United States at the time of entry. The following individuals are not eligible: employees, agents, principals, contractors, directors and officers of Verio Inc. (the “Sponsor”), NTT Communications and each of their respective parents, subsidiaries, and affiliated companies (the “Contest Partners”) and the immediate family members and persons living in the same households (whether related or not) of each such employee, agent, principal, contractor, director and/or officer are not eligible. To be eligible to enter the Sweepstakes, entrants must agree to be bound by the Websites.com Registered User Terms and Conditions. Collectively, the requirements set forth in this section are the “Eligibility Requirements.”
2. HOW TO ENTER: You may enter the Sweepstakes between 12:00:01 am Mountain Standard Time on September 13, 2009 and 11:59:59 pm Mountain Standard Time on September 22, 2009 (the “Entry Period”). To enter the Sweepstakes, entrants who satisfy the Eligibility Requirements must complete all the required fields on the audience voting form located at www.websites.com (the “Website”) during the Entry Period, including, without limitation, (1) selecting the Finalist Site (as defined in the Official Rules of the Contest) that the entrant believes best satisfies the judging criteria of the Contest (official rules of the Contest are available here), and (2) agreeing to these Official Rules and the Websites.com Registered User Terms and Conditions. Entries that do not meet the Eligibility Requirements, include all required information and adhere to these Official Rules will be considered void.
Each entry must be completed by 11:59:59 pm Mountain Standard Time on September 22, 2009. Sponsor is not responsible for late or incomplete entries. If a problem occurs in the online entry process, the entrant is solely responsible for verifying that the entry has been validly completed, and neither the Sponsor nor any Contest Partners shall be responsible for any incomplete entries or information not actually received due to incomplete or improper transmission. Neither the Sponsor nor any Contest Partners have any obligation to advise an entrant of an incomplete entry.
Limit one entry per person. If an entrant submits more than one entry, only the entry that is received and processed first will be eligible. In the event of a dispute over the identity of an online entrant, the entry will be deemed made by the authorized account holder of the e-mail address at time that the entry is submitted. The authorized account holder is the natural person who is assigned to the e-mail address by an Internet access provider, on-line service provider, or other organization, or the domain associated with the email address.
3. SELECTION OF WINNERS: The winners of the Sweepstakes will be the first one hundred (100) entrants who correctly selected and voted for either of the two (2) Finalist Sites that are selected as Winners of the Contest. Winners of the Sweepstakes will be determined based on the date and time stamp of each entry received by Sponsor. Entrants agree that the Sponsor has the sole right to decide all disputes arising from this Sweepstakes and that all decisions of the Sponsor are final and binding. Odds of winning will vary depending on the number of entries received.
4. PRIZES: Each winner of the Sweepstakes will be awarded a prize of a Starbucks gift card valued at US $10.00. Each winner bears sole responsibility for all federal, state and local taxes related to the prize awarded to such winner. Total actual retail value of all prizes awarded under this Sweepstakes is US $1000.00.
5. NOTIFICATION OF WINNERS: Each winner will be notified by e-mail at the e-mail address provided on such winner’s entry form on or around October 2, 2009.
Each winner will be required to sign and return an affidavit of eligibility and release of liability (collectively, the “Releases”) within [five (5) days] of notification. If a selected winner cannot be contacted, is found to be ineligible, fails to claim the prize within [ten (10) days] from the date on which notification was sent, or fails to return the completed Releases within [five (5) days] from the date on which notification was sent, the prize may be forfeited and an alternate winner will be selected using the selection criteria set forth above at Sponsor’s sole discretion.
6. GENERAL CONDITIONS: By participating in this Sweepstakes, entrants release and hold harmless the Sponsor, the Contest Partners and their respective employees, agents, principals, contractors, directors and officers from any and all liability for any injuries, loss or damage of any kind arising from or in connection with the Sweepstakes or receipt or use and/or misuse of any prize. By participating in this Sweepstakes, entrants agree to these Official Rules, the Websites.com Registered User Terms and Conditions, the Websites.com Privacy Policy, and the decisions of the Sponsor, which are final and binding in all respects. Sponsor reserves the right, at its sole discretion, to disqualify any individual deemed to be (1) tampering or attempting to tamper with the entry process or the operation of the Sweepstakes, the Contest or the Website; (2) violating these Official Rules; (3) violating the Websites.com Registered User Terms and Conditions, Acceptable Use Policy or Privacy Policy; or (4) acting in an unsportsmanlike or disruptive manner, or with intent to annoy abuse, threaten or harass any other person.
7. DISPUTES: This Sweepstakes is offered only in the United States and is governed by the laws of the state of Colorado. All claims relating in any manner to this Sweepstakes must be resolved in the federal or state courts located in Denver County, Colorado. Each entrant waives any and all objections to jurisdiction and venue in these courts. As a condition of participating in this Sweepstakes, entrant agrees that any disputes which cannot be resolved between the parties, and causes of action arising out of or connected with this Sweepstakes, shall be resolved individually, without resort to any form of class action. Further, in any such dispute, under no circumstances will entrant be permitted to obtain awards for, and hereby waives all rights to claim, punitive, incidental, or consequential damages, including reasonable attorneys’ fees, other than such entrant’s actual out of pocket expenses (e.g. costs associated with entering this Sweepstakes), and entrant further waives all rights to have damages multiplied or increased.
8. LIMITATION OF LIABILITY AND RELEASE: No liability or responsibility is assumed by the Sponsor or the Contest Partners resulting from any entrant’s participation or attempt to participate in the Sweepstakes or ability or inability to upload or download information in connection with participating in the Sweepstakes. No liability or responsibility is assumed by the Sponsor or the Contest Partners for technical problems or technical malfunction arising in connection with any of the following occurrences which may affect the operation of the Sweepstakes: hardware or software errors; faulty computer, telephone, cable, satellite, network, electronic, wireless or Internet connectivity or other online communication problems; errors or limitations of any Internet service providers, servers, hosts or providers; garbled, jumbled or faulty data transmissions; failure of any e-mail transmissions to be sent or received; lost, late, delayed or intercepted e-mail transmissions; inaccessibility of the Website in whole or in part for any reason; traffic congestion on the Internet or the Website; unauthorized human or non-human intervention of the operation of the Sweepstakes or the Contest, including without limitation, unauthorized tampering, hacking, theft, virus, bugs, worms, or destruction of any aspect of the Sweepstakes or the Contest; or loss, miscount, misdirection, inaccessibility or unavailability of an e-mail account used in connection with the Sweepstakes. No liability or responsibility is assumed by the Sponsor or the Contest Partners resulting from any typographical errors in the announcement of prizes or these Official Rules, or any inaccurate or incorrect data contained on the Website. Use of the Website is at each entrant’s own risk. Neither the Sponsor nor any of the Contest Partners shall be responsible for any personal injury or property damage or losses of any kind which may be sustained to entrant’s or any other person’s computer equipment resulting from participation in the Sweepstakes, use of the Website or the download of any information from the Website. By participating in the Sweepstakes, each entrant releases the Sponsor and each of the Contest Partners from any and all claims, damages or liabilities arising from or relating to such entrant’s participation in the Sweepstakes. Sponsor reserves the right in its sole discretion to modify, cancel, terminate or suspend all or any portion of this Sweepstakes should fraud, virus, bugs, unauthorized human intervention, systems malfunctions, failures or difficulties, or other causes beyond the control of the Sponsor corrupt or affect the administration, security, fairness, integrity or proper conduct of the Sweepstakes or the Contest.
9. USE OF DATA: Sponsor will be collecting personal data about all entrants (including without limitation e-mail addresses) when such entrants submit an entry form. By submitting an entry form, entrants hereby agree to all personal information uses and disclaimers as explained in the Websites.com Privacy Policy. Submitting an entry form further constitutes an entrant’s full and unconditional agreement to and acceptance of these Official Rules and the Websites.com Privacy Policy, and confirms each entrant’s willingness to be contacted by telephone and/or e-mail.
10. WINNERS LIST: For the names of the winners of the Sweepstakes, or to request a copy of the Official Rules, send a self-addressed, stamped envelope, postmarked by March 31, 2010 to: [Audience Choice Sweepstakes (Websites.com Best New Small Business Site Award Contest), c/o Verio Legal Department, Verio Inc., 8005 S. Chester St. Suite 200, Centennial, Colorado 80112].
11. CONSTRUCTION: The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any such provision is determined to be invalid or otherwise unenforceable, these Official Rules shall be construed in accordance with their terms as if the invalid or unenforceable provision was not contained therein.
12. SPONSOR: Verio Inc., 8005 S. Chester St. Suite 200, Centennial, Colorado 80112.
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