1. The www.VideoJax.com website and domain name, and any other features, content, or services offered from time to time by the company in connection therewith (collectively "Website") are owned and operated by the VideoJax, Inc. ("Company"). BY USING THE WEBSITE IN ANY MANNER, INCLUDING BUT NOT LIMITED TO VISITING OR BROWSING THE WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE ("AGREEMENT") AND THE COMPANY'S PRIVACY POLICY POSTED ON THE WEBSITE, WHICH IS INCORPORATED HEREIN BY THIS REFERENCE. UNLESS OTHERWISE AGREED BETWEEN THE COMPANY AND USER, THIS AGREEMENT APPLIES TO ALL USERS OF THE WEBSITE, INCLUDING USERS WHO ARE ALSO CONTRIBUTORS OF IMAGES, VIDEO CONTENT, INFORMATION, AND OTHER MATERIALS OR SERVICES ON THE WEBSITE.
2. MODIFICATIONS TO THIS AGREEMENT COMPANY RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO MODIFY THIS AGREEMENT AT ANY TIME BY POSTING A NOTICE ON THE WEBSITE, OR BY SENDING YOU A NOTICE VIA EMAIL OR POSTAL MAIL. YOU SHALL BE RESPONSIBLE FOR REVIEWING AND BECOMING FAMILIAR WITH ANY SUCH MODIFICATIONS. SUCH MODIFICATIONS ARE EFFECTIVE UPON FIRST POSTING OR NOTIFICATION AND USE OF THE WEBSITE OR ANY SERVICES BY YOU FOLLOWING SUCH POSTING OR NOTIFICATION CONSTITUTES YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS OF THIS AGREEMENT AS MODIFIED. YOU AGREE TO REVIEW THIS AGREEMENT REGULARLY TO ENSURE THAT YOU ARE UPDATED AS TO ANY CHANGES. THIS AGREEMENT, TOGETHER WITH THE COMPANY PRIVACY POLICY AND ANY OTHER LEGAL NOTICES PUBLISHED BY COMPANY ON THE WEBSITE, SHALL CONSTITUTE THE ENTIRE AGREEMENT BETWEEN YOU AND COMPANY CONCERNING THE WEBSITE.
3. WEBSITE ACCESS
3.1 Subject to your compliance on a continuing basis with all of the terms and conditions of this Agreement, Company hereby grants you permission to use the Website only as set forth in this Agreement, and provided that: (a) your use of the Website as permitted is solely for your personal, noncommercial use; (b) you will not copy or distribute any part of the Website in any medium without Company's prior written authorization; (c) you will not alter or modify any part of the Website other than as expressly authorized and then only for such express purpose; (d) you will otherwise comply with this Agreement; (e) you will not circumvent, disable, violate or attempt to violate, or otherwise interfere with the security or integrity of the Website, the proper operation of the Website, the features that prevent or restrict use or copying of any Content (as the term is defined below) or enforce limitations on use of the Website or the Content therein, or interfere with any activity being conducted on the Website; (f) you will not link to the Website without Company's prior written consent; (g) you will not post content or items in an inappropriate category or areas on the Website; (h) you will not violate any laws, third party rights, or our policies; (i) you understand that Company may, in its sole discretion, cancel any offer or listing posted on the Website if it believes there is evidence supporting violation of these terms; (j) you will not manipulate the price of any item or offer or interfere with other user's listings; (k) you will pay all fees that you accept and you will not circumvent or manipulate our fee structure, the billing process, or fees owed to Company; (l) you will not post false, inaccurate, misleading, defamatory, or libelous content (including personal information); (m) you will not distribute or post spam, chain letters, pyramid schemes, viruses or any other technologies that may harm Company, or the interests or property of Company users; (n) you will not harvest or otherwise collect information about merchandise, or users, including email addresses, without their consent; and (o) you will be responsible for withholding, filing, and reporting all taxes (except Company's U.S. income taxes), duties and other governmental assessments associated with your activity on the Website.
3.2 In order to access some features of the Website, you will have to create a membership account. You may never use another's account, username or password without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Company immediately of any breach of security or unauthorized use of your account. You may be required to expressly accept or reject this Agreement when you register; you agree that any requirement that you do so does not in any way vitiate your assent to comply with the Agreement. Although Company will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Company or others due to such unauthorized use.
3.3 You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the Website in a manner that sends more request messages to the Company servers in a given period of time than a single human can reasonably produce in the same period by using a conventional on-line web browser. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes. You agree that your User Submissions both will not contain restricted or password only access pages or hidden pages or images. Company reserves the right in its sole discretion to block access or discontinue services to offenders, and to investigate and take appropriate legal action against anyone who, in Company's sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities.
4. INTELLECTUAL PROPERTY RIGHTS The content on the Website, except any and all User Submissions, including without limitation, the text, software, scripts, graphics, files, images, photos, sounds, music, videos, interactive features and the like (collectively "Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Company, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Company reserves all rights not expressly granted in and to the Website and the Content. You agree to not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any other purposes whatsoever any Content, including, but not limited to, image, audio, and visual content, Marks, third party User Submissions, or other proprietary rights not owned by you, (i) without the express prior written consent of the respective owners, and (ii) in any way that violates any right of any third party. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein.
5. TERM This Agreement shall remain in full force and effect while you use the Website. You may terminate your use of the Website or your membership at any time by following the instructions on the Website. Company may terminate your access to the Website or your membership at any time, for any reason, and without warning.
6. FEES You acknowledge that Company reserves the right to charge fees for use of the Website and to change its fees from time to time, in its sole discretion.
7. USER SUBMISSIONS
7.1 The Website permits the submission of images, recordings, videos, trivia or other communications submitted by you and other users ("User Submissions") and the hosting, sharing, and/or publishing of such User Submissions. You understand that whether or not such User Submissions are published, Company does not guarantee any confidentiality with respect to any such submissions.
7.2 You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. You agree that Company has no liability with respect to any User Submissions, including, without limitation, your own submissions, and you hereby irrevocably release Company and its officers and directors, employees, agents, representatives and affiliates, from any and all liability arising out of or relating to User Submissions or any part thereof.
7.3 In connection with your User Submissions, you affirm, represent, and warrant that (and that you can and will demonstrate to Company's full satisfaction upon its request that): (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize Company to use each and every image and sound contained in each such User Submission and to enable inclusion and use of such User Submissions in the manner contemplated by the Website and this Agreement; (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Website and this Agreement; and (iii) the posting of your User Submission on or through the Website does not violate the privacy rights, publicity rights, copyrights, contract rights, or any other rights of any person or entity. You agree to pay all royalties, fees, and other monies owing any person or entity by reason of any content posted by you to or through the Website.
7.4 By submitting the User Submissions to Company, or displaying, publishing, or otherwise posting any content on or through the Website, you hereby do and shall grant Company a worldwide, non-exclusive, royalty-free, fully paid, sublicensable and transferable license to use, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Submissions in connection with the Website and Company's (and its successors and assigns) business, including without limitation for promoting and redistributing part or all of the Website (and derivative works thereof) in any media formats and through any media channels. You also hereby do and shall grant each user of the Website a non-exclusive license to access your User Submissions through the Website, and to use, modify, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Website and under this Agreement. For clarity, the foregoing license grant to Company does not affect your other ownership or license rights in your User Submission(s), including the right to grant additional licenses to the material in your User Submission(s).
7.5 In connection with User Submissions, you further agree that you will not: (i) publish falsehoods or misrepresentations that could damage Company or any third party; (ii) submit material that is unlawful, obscene, lewd, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, excessively violent, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate or objectionable; (iii) post advertisements or solicitations of business; (iv) impersonate another person; (v) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity right, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Company all of the license rights granted herein; or (vi) submit material that is unsuitable for minors in any country. Company does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Company expressly disclaims any and all responsibility or liability in connection with User Submissions.
7.6 Company reserves the right to decide whether Content or a User Submission is inappropriate or violates this Agreement, including but not limited to copyright infringement, violations of intellectual property law, pornography, obscene or defamatory material, or excessive length. Company also reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages and User Submissions) by you, or to restrict, suspend or terminate your access to all or any part of the Website at any time, for any or no reason, with or without prior notice. Notwithstanding the foregoing, Company assumes no responsibility for monitoring the Website, Content, or User Submissions for inappropriate conduct, or modifying or removing such conduct, Content or User Submissions from the Website.
7.7 If you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, please see our Copyright Policy for instructions regarding how you may submit a notification of claimed infringement pursuant to the Digital Millennium Copyright Act. You hereby agree that you shall not assert any claim against the Company or its officers or directors with respect to such content unless and until: (1) you have fully completed the process set forth in our Copyright Policy; and (2) the Company has failed to remove the offending content within thirty (30) days after such notification without a reasonable explanation for its failure to do so.
7.8 Company reserves the right to discontinue or change any aspect of the Website at any time.
8. THIRD PARTY WEBSITES The Website may contain links to third party websites that are not owned or controlled by Company. When you access third party websites, you do so at your own risk. Company encourages you to be aware when you leave the Website and to read the terms and conditions and privacy policy of each third party website that you visit. Company has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of, or opinions expressed in any third party websites. In addition, Company will not and cannot monitor, verify, censor or edit the content of any third party site. By using the Website, you expressly relieve Company from any and all liability arising from your use of any third party website.
9. WARRANTY DISCLAIMER Company has no special relationship with or fiduciary duty to you. You acknowledge that Company has no control over, and no duty to take any action regarding: which users gain access to the Website; what content you access via the Website and its affiliated services; what effects the content may have on you; how you may interpret or use the content; or what actions you may take as a result of having been exposed to the content. You release Company from all liability for you having acquired or not acquired content through the Website. The Website may contain, or direct you to sites containing information that some people may find offensive or inappropriate. Company makes no representations concerning any content contained in or accessed through the Website, and Company will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Website. TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY, ITS SUPPLIERS AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NEITHER COMPANY NOR ITS SUPPLIERS, NOR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, MAKES ANY WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THE WEBSITE, AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY; AND/ OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. THE WEBSITE IS CONTROLLED AND OFFERED BY COMPANY FROM ITS FACILITIES IN THE UNITED STATES OF AMERICA. COMPANY MAKES NO REPRESENTATIONS THAT THE WEBSITE IS APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE WEBSITE FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.
10. INDEMNITY You agree to defend, indemnify and hold harmless Company, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, demands, and expenses (including but not limited to attorneys' fees) arising from: (i) your use of and access to the Website or any Content that you post thereon; (ii) your violation of any term of this Agreement or your representations and warranties set forth above; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party.
11. ELIGIBILITY By using the Website, you represent and warrant that (i) all registration information you submit is accurate and truthful; (ii) you will maintain the accuracy of such information; (iii) you are 13 years of age or older; (iv) your use of the Website does not violate any applicable law or regulation; and (v) you are of legal age to agree to these terms and conditions or you have your parents' permission to do so. Your profile and all associated Content may be deleted and your membership may be terminated without warning if Company believes that you are in breach of any of the foregoing representations and warranties.
12. LIMITATION OF LIABILITY IN NO EVENT SHALL COMPANY, ITS SUPPLIERS', OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING LOST PROFITS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. SUBJECT TO THE FOREGOING, COMPANY'S LIABILITY TO YOU FOR ANY REASON, WILL BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO COMPANY FOR THE COMPANY SERVICES IN CONNECTION WITH THE WEBSITE DURING THE TERM OF YOUR MEMBERSHIP OR, IF GREATER, FIVE HUNDRED DOLLARS ($500). YOU SPECIFICALLY ACKNOWLEDGE THAT COMPANY SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS SOLELY AND ENTIRELY WITH YOU.
13. ASSIGNMENT You may not transfer or assign this Agreement or any rights and licenses granted hereunder without the Company's prior written consent. The Company may freely transfer, assign, or delegate this Agreement, and any of its rights or obligations hereunder.
14. MISCELLANEOUS No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind Company in any respect whatsoever. If there is any dispute about or involving the Website, you agree that the dispute shall be governed by the laws of the State of California, without regard to conflict of laws provisions. Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in San Francisco County, California, using the English language in accordance with the Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Arbitration Rules and Procedures of JAMS. The arbitrator shall have the authority to grant specific performance and to allocate between the parties the costs of arbitration (including service fees, arbitrator fees and all other fees related to the arbitration) in such equitable manner as the arbitrator may determine. The prevailing party in the arbitration shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys' fees, expert witness fees and all other expenses) incurred in connection therewith. Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for preliminary injunctive relief pending a final decision by the arbitrator. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the United States Federal Courts located in the Northern District of California. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Company's failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision. YOU AND COMPANY AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
NO PURCHASE NECESSARY TO ENTER OR WIN. VOID WHERE PROHIBITED.
1. Contest Description: "Submit A Question" Contest ("Contest") is a skill contest in which persons 18 years of age and older can submit a video link, a trivia question and appropriate answers each month. Entry submissions will be accepted beginning April 21, 2008. Contest ends August 31, 2008. To be eligible for that month's contest, an entry must be received electronically by the final Sunday of the month no later, 11:59:59 PM PT.
2. Eligibility: This Contest is open only to residents of the United States who are 18 years of age or older. Employees, officers and directors of VideoJax ("Sponsor") and their immediate families (spouse, parent, child, sibling and their respective spouses, regardless of where they may reside) and those living in the same household whether or not related, and Sponsor's advertising and promotion and public relations agencies are ineligible. This Sweepstakes is subject to all applicable federal, state and local laws and regulations. Void where prohibited or restricted.
3. To Enter:
Online Entry: You ("Entrant") may enter this Contest by: (1) Registering with VideoJax (your name and a valid email address is required); and (2) Filling in completely and then submitting the "Submit Questions" form contained at http://www.VideoJax.com. You may enter as often as you like. You must be logged in to submit an entry.
Mail Entry: To enter without providing online information or registering with VideoJax, send a 3" x 5" card with the words "SUBMIT A QUESTION" SKILL CONTEST in upper case block letters on one side and your complete name, address, home and e-mail address, You Tube URL link, Subject, Question, Alternate Answers and Category on the other side. Place it in an envelope, affix appropriate postage and mail to: VideoJax.com, Attention: SUBMIT A QUESTION SKILL CONTEST, 735 Montgomery Street, Ste. 350, San Francisco, CA 94111. Each envelope must contain only one entry per person. Incomplete entries are void and will be disqualified. Sponsor is not responsible for malfunctions of electronic or telephone equipment, computer hardware, software, malfunctions of Entrant's email provider, late, lost, incomplete misdirected entries or entries not received in time for the drawing. Use of a street address is required and cannot include a PO Box, PMB, AP/FPO or similar address. All entries become the property of Sponsor and will not be returned. Proof of mailing or transmission does not constitute proof of delivery. Only those entries submitted and received during the aforementioned dates are eligible to win. In the event that duplicate entries are received, only the entry with the earlier electronic time stamp will be eligible. Entry must be in keeping with the Sponsor's image and must not be defamatory, libelous, pornographic or obscene. Sponsor will have the right, in its sole discretion, to edit, composite, morph, scan, duplicate or alter the entry submission for any purpose Sponsor deems necessary or desirable, and each Entrant irrevocably waives any and all so-called moral rights he/she may have in the entry submission by him or her. In the event that a video clip is not available online at the submitted URL prior to the selection of a winner, then such entry will be disqualified. If the "correct" answer submitted is wrong or inaccurate, the entry will be disqualified. In case of a dispute as to the identity of the Entrant using the Internet, the authorized account holder of the email address used to enter the Contest at the time of entry will be considered the entrant. Entries will only be judged for the week in which they are received.
4. Judging/Winner Selection: One (1) monthly winner will be selected each calendar month from among all eligible entries received. Entries will be judged on the following criteria: 1) Quality of Video Clip (30%), 2) Originality of Question (30%), 3) Originality of Alternate Answers (30%), and 4) Overall Appeal of Video and Question (10%). Judging will be performed by a panel of judges consisting of employees of Sponsor (the "Judges"), whose decisions are final and binding in all matters related to this Contest. Each month the judging will be completed on or about one (1) week and nine (9) hours after the monthly contest closes, unless such day is a holiday in which case judging will take place on the next business day. The entries will be ranked based on their scores, from highest to lowest, in order to determine the winner. In the event of a tie, the entries involved in the tie are subject to review by an additional judge who will serve as a tiebreaker and who will evaluate the entries according to the criteria listed above. Winning Entrants will be notified via email at the email address they have provided. In the event that any email notification is returned as undelivered, Sponsor will attempt to re-send said email up to three (3) times over the course of one (1) week. If a winner does not respond to the e-mail notification within five (5) business days, the prize will be forfeited and an alternate winner will be selected. It is the sole responsibility of the Entrant to notify the Sponsor in writing if the Entrant changes his or her email address. To do so, anyone who is registered with VideoJax should update the information stored with Sponsor by logging into www.VideoJax.com and changing their account information. As a condition of winning and receiving a prize, each winner must complete an Affidavit of Eligibility, a Liability Release, and a Publicity Release (where permitted by law) and return them within thirty (30) days. Prizes will be mailed to the winner within one (1) week after receipt of the completed, required affidavits and releases. Failure to return the completed documents or provide required information will result in disqualification. Sponsor reserves the right to verify eligibility.
5. Prizes and Timing: Grand Prize: One (1) Grand Prize Winner will be selected each month to win a pre-paid Visa Gift Card in the amount of Two Hundred Fifty Dollars ($250). Approximate Value: TOTAL PRIZE VALUE of $250.00 Approximate retail value (ARV) of prize is $250.00. Odds of receiving a prize depend upon the number of entries. No substitution, assignment or transfer of prize is permitted except by Sponsor due to unavailability, in which case a similar prize of equal or greater value will be provided. Sponsor is not responsible or liable for the acts of third parties. Sponsor will not replace any lost or stolen items. Only stated prizes will be awarded and prizes have no cash value.
6. General: Contest is governed by the laws of the State of California, with venue and jurisdiction in San Francisco, California, and all claims must be resolved in the courts of San Francisco, California. By entering, Entrant agrees: (1) to release Sponsor from all liability, loss or damage arising out of his/her participation in the contest and with respect to his/her acceptance and use/misuse of the prize; (2) to be bound by these Official Rules; (3) that the decisions of the judges are final and binding on all matters relating to the Contest; and (4) except in Tennessee and where otherwise prohibited by law, Sponsor, its successors, licensees and assigns may use their name, likenesses and entry submissions in connection with the Contest and for advertising, publicity and promotion and promotion purposes in all media worldwide (including online) in perpetuity without additional compensation. All federal, state and local taxes, and all income and any other taxes, fees and surcharges will be the sole responsibility of the winner. Winner will be issued an IRS Form 1099 Income Tax Form in the amount of the ARV of any total prizes accepted over $600. A person found tampering with or abusing any aspect of this Contest as solely determined by Sponsor will be disqualified. In the event the Contest is compromised by a non-authorized human intervention or other causes beyond the control of Sponsor which, in the opinion of Sponsor, corrupt or impair the administration, security, fairness or proper play, or if the Contest cannot be operated, conducted or completed as planned, for any reason, Sponsor reserves the right in its sole discretion to suspend, cancel, modify or terminate the Contest. Should the Contest be terminated prior to the stated expiration, notice will be posted at http://www.VideoJax.com.
7. Winners List: To receive a list of winners after August 31, 2008, mail a self-addressed, stamped envelope to be postmarked no later than August 31, 2008 and received no later than September7, 2008 to: VideoJax.com, Attention: SUBMIT A QUESTION SKILL CONTEST WINNERS LIST, 735 Montgomery Street, Ste. 350, San Francisco, CA 94111.
8. Rules Request:For a copy of the official rules, please visit http://www.VideoJax.com and click on the rules link or send a self-addressed, stamped envelope to be postmarked no later than August 31, 2008 and received no later than September 7, 2008 to: VideoJax.com, Attention: SUBMIT A QUESTION SKILL CONTEST RULES REQUEST, 735 Montgomery Street, Ste. 350, San Francisco, CA 94111. Residents of Vermont may omit return postage for rules request.
VideoBrain, Inc., d.b.a. VideoJax.com, 735 Montgomery Street, Ste. 350, San Francisco, CA 94111. 2008 VideoBrain, Inc. All Rights Reserved.
NO PURCHASE NECESSARY TO ENTER OR WIN. VOID WHERE PROHIBITED.
1. Sweepstakes Description: The "VideoJax Daily Sweepstakes" is a daily sweepstakes occurring on weekdays (Monday - Friday) - ("Sweepstakes") in which persons 18 years of age and older who register and reach a certain point level on www.VideoJax.com and/or www.apps.facebook.com/VideoJaxx are eligible for a prize. The Sweepstakes begins on April 24, 2008 and ends August 29, 2008. To be eligible for that day's sweepstakes, an Entrant must reach a qualifying level electronically by 11:59:59 PM PT of that day.
The "VideoJax Monthly Sweepstakes" is a monthly sweepstakes occurring at the close of each calendar month in which persons 18 years of age and older who register and reach a certain point level on www.VideoJax.com and/or www.apps.facebook.com/VideoJaxx are eligible for the prize. The Sweepstakes begins on May 1, 2008 and ends August 31, 2008. To be eligible for that month's sweepstakes, an Entrant must reach a qualifying level electronically by Sunday, August 31, 2008, 11:59:59 PM PT.
2. Eligibility: This Sweepstakes is open only to residents of the fifty (50) United States (including the District of Columbia) who are 18 years of age or older with Internet access prior to the commencement of the Sweepstakes. Employees, officers and directors of VideoJax ("Sponsor") and their immediate families (spouse, parent, child, sibling and their respective spouses, regardless of where they may reside) and those living in the same household whether or not related, and Sponsor's advertising and promotion and public relations agencies are ineligible. This Sweepstakes is subject to all applicable federal, state and local laws and regulations. Void where prohibited or restricted.
3. To Enter: You ("Entrant") may enter this Sweepstakes by: (1) Registering with VideoJax (your name and a valid email address is required); (2) Logging in at http://www.VideoJax.com and/or www.apps.facebook.com/VideoJaxx and (3) Playing any of the games at http://www.VideoJax.com and/or www.apps.facebook.com/VideoJaxx and amassing at least 5,000 points that day. Points are recorded electronically starting at 12:00:00 AM PT Monday and ending at 11:59:59 PM PT Sunday same day (Monday - Friday.). A game must be completed prior to the cutoff time of 11:59:59 PM PT Sunday that day for any points amassed during the game to count in that day's total. You must be registered and logged in to accumulate points. Entrants are automatically entered in the Sweepstakes once they reach the minimum point threshold of 5,000 points for the day. Entrants who do not accumulate 5,000 points for the day will not be entered in the drawing. A new Sweepstakes begins each weekday. Daily point totals are reset to zero at 12:00:00 AM PT every following weekday.
For the monthly prizes, You ("Entrant") may enter this Sweepstakes by: (1) Registering with VideoJax (your name and a valid email address is required); (2) Logging in at http://www.VideoJax.com and/or www.apps.facebook.com/VideoJaxx and (3) Playing any of the games at http://www.VideoJax.com and/or www.apps.facebook.com/VideoJaxx and amassing at least 25,000 points that month. Points are recorded electronically starting at 12:00:00 AM PT the first of the calendar month and ending at 11:59:59 PM PT the last day of that calendar month. A game must be completed prior to the cutoff time of 11:59:59 PM PT the final day of the month for any points amassed during the game to count in that day's total. You must be registered and logged in to accumulate points. Entrants are automatically entered in the Sweepstakes once they reach the minimum point threshold of 25,000 points for the month. Entrants who do not accumulate 25,000 points for the month will not be entered in the drawing. A new Sweepstakes begins each calendar month. Previous month point totals are reset to zero at 12:00:00 AM PT at the start of every calendar month.
An additional monthly sweepstakes requires the following for participation; You ("Entrant") may enter this Sweepstakes by: (1) Registering with VideoJax (your name and a valid email address is required); (2) Logging in at http://www.VideoJax.com and/or www.apps.facebook.com/VideoJaxx and (3) Playing any of the games at http://www.VideoJax.com and/or www.apps.facebook.com/VideoJaxx and amassing at least 50,000 points that month. Points are recorded electronically starting at 12:00:00 AM PT the first of the calendar month and ending at 11:59:59 PM PT the last day of that calendar month. A game must be completed prior to the cutoff time of 11:59:59 PM PT the final day of the month for any points amassed during the game to count in that day's total. You must be registered and logged in to accumulate points. Entrants are automatically entered in the Sweepstakes once they reach the minimum point threshold of 50,000 points for the month. Entrants who do not accumulate 50,000 points for the month will not be entered in the drawing. A new Sweepstakes begins each calendar month. Previous month point totals are reset to zero at 12:00:00 AM PT at the start of every calendar month. Registered players who accumulate 50,000 points or greater during a calendar month remain/are eligible for the 25,000 point threshold prize sweepstakes.
Incomplete entries are void and will be disqualified. Sponsor is not responsible for malfunctions of electronic or telephone equipment, computer hardware, software, malfunctions of Entrant's email provider or ISP, late, lost, incomplete misdirected entries or entries not received in time for the drawing. All entries become the property of Sponsor and will not be returned. Proof of transmission does not constitute proof of delivery. Only those entries received during the aforementioned dates are eligible to win. In case of a dispute as to the identity of the Entrant using the Internet, the authorized account holder of the email address used to enter the Sweepstakes at the time of entry will be considered the entrant.
4. Winner Selection: One (1) Daily (Monday - Friday) Grand Prize winner will be selected at random from all eligible entrants in the drawing. The drawing will take place on the next business day following the close of the Daily Sweepstakes. Two (2) Monthly Grand Prize winners will be selected at random from all eligible entrants in the drawing. Non-winning entries from any drawing will not be carried over into subsequent prize drawings. Winning Entrants will be notified via email at the email address they have provided. In the event that any email notification is returned as undelivered, Sponsor will attempt to re-send said email up to three (3) times over the course of one (1) week. If a winner does not respond to the e-mail notification within five (5) business days, the prize will be forfeited and an alternate winner will be selected. It is the sole responsibility of the Entrant to notify the Sponsor in writing if the Entrant changes his or her email address. To do so, anyone who is registered with VideoJax should update the information stored with Sponsor by logging into www.VideoJax.com and changing their account information. As a condition of winning and receiving a prize, each winner must complete an Affidavit of Eligibility, a Liability Release, and a Publicity Release (where permitted by law) and return them to Sponsor within thirty (30) days. Prizes will be mailed to the winner within one (1) week after receipt of the completed, required affidavits and releases. Failure to return the completed documents or provide required information will result in disqualification. Sponsor reserves the right to verify eligibility.
5. Prizes and Timing: Daily Grand Prize: One (1) Grand Prize Winner will be selected each weekday to win a pre-paid Visa Gift Card in the amount of One Hundred Dollars ($100.00). All terms and conditions of the Gift Card apply. Two (2) separate Monthly Grand Prize Winners will be selected randomly one week after the close of a calendar month to win a pre-paid Visa Gift Card in the amount of One Thousand Dollars ($1000.00). All terms and conditions of the Gift Card apply.
Approximate Value of Daily Prize: TOTAL PRIZE VALUE of $100.00 Approximate retail value (ARV) of Daily Pprize is $100.00. Approximate Value of Two (2) Monthly Prizes: TOTAL PRIZE VALUE of $1000.00 each Approximate retail value (ARV) of Two (2) Monthly Prizes is $1000.00 each Odds of receiving a prize depend upon the number of entries. No substitution, assignment or transfer of prize is permitted except by Sponsor due to unavailability, in which case a similar prize of equal or greater value will be provided. Sponsor is not responsible or liable for the acts of third parties. Sponsor will not replace any lost or stolen items. Only stated prizes will be awarded and prizes have no cash value.
6. General: The Sweepstakes is governed by the laws of the State of California, with venue and jurisdiction in San Francisco, California, and all claims must be resolved in the courts of San Francisco, California. By entering, Entrant agrees: (1) to release Sponsor from all liability, loss or damage arising out of his/her participation in the Sweepstakes and with respect to his/her acceptance and use/misuse of the prize; (2) to be bound by these Official Rules; (3) that the decisions of the judges are final and binding on all matters relating to the Sweepstakes; and (4) except in Tennessee and where otherwise prohibited by law, Sponsor, its successors, licensees and assigns may use their name, likenesses and entry submissions in connection with the Sweepstakes and for advertising, publicity and promotion and promotion purposes in all media worldwide (including online) in perpetuity without additional compensation. All federal, state and local taxes, and all income and any other taxes, fees and surcharges will be the sole responsibility of the winner. Winner will be issued an IRS Form 1099 Income Tax Form in the amount of the ARV of any total prizes accepted over $600. A person found tampering with or abusing any aspect of this Sweepstakes as solely determined by Sponsor will be disqualified. In the event the Sweepstakes is compromised by a non-authorized human intervention or other causes beyond the control of Sponsor which, in the opinion of Sponsor, corrupt or impair the administration, security, fairness or proper play, or if the Sweepstakes cannot be operated, conducted or completed as planned, for any reason, Sponsor reserves the right in its sole discretion to suspend, cancel, modify or terminate the Sweepstakes. Should the Sweepstakes be terminated prior to the stated expiration, notice will be posted at http://www.VideoJax.com and http://www.apps.facebox.com/VideoJaxx.
CAUTION: ANY ATTEMPT BY AN ENTRANT TO DAMAGE DELIBERATELY ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH ENTRANT TO THE FULLEST EXTENT PERMITTED BY LAW.
7. Winners List:To receive a list of winners after August 31, 2008, mail a self-addressed, stamped #10 envelope to be postmarked no later than August 31, 2008 and received no later than September 7, 2008 to: VideoJax.com, Attention: VIDEOJAX SWEEPSTAKES WINNERS LIST, 735 Montgomery Street, Ste. 350, San Francisco, CA 94111.
8. Rules Request:For a copy of the official rules, please visit www.VideoJax.com and click on the rules link or send a self-addressed, stamped #10 envelope to be postmarked no later than August 31, 2008 and received no later than September 7, 2008 to: VideoJax.com, Attention: VIDEOJAX SWEEPSTAKES RULES REQUEST, 735 Montgomery Street, Ste. 350, San Francisco, CA 94111. Residents of Vermont may omit return postage for rules request.
Sponsor: VideoBrain, Inc., d.b.a. VideoJax.com, 735 Montgomery Street, Ste. 350, San Francisco, CA 94111. 2008 VideoBrain, Inc. All Rights Reserved.