Mindjet INQ-Magazine Tweet Contest NO PURCHASE OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE OR IMPROVE YOUR CHANGE OF WINNING. VOID WHERE PROHIBITED BY LAW. Please read the Official Rules and Regulations (“Official Rules”) of the Mindjet INQ-Magazine Tweet Contest (the “Contest”). By participating in the Contest, each Entrant (as defined below) fully and unconditionally agrees to and accepts these Official Rules. Winning any prize is contingent upon fulfilling all requirements set forth herein.
1. ELIGIBILITY: The Contest is only open to permanent legal U.S. residents of one of the fifty (50) United States or the District of Columbia (including residents of the U.S. Virgin Islands and Guam and excluding residents of Puerto Rico), who are of the legal age of majority in the entrant’s state of residence as of the date of the Contest entry submission (“Eligible Entrant”). Employees, directors and officers and their immediate families (spouses and siblings, parents and children and their spouses) and household members of the Sponsor (as defined below) and its respective parent companies, subsidiaries and affiliates, distributors, dealerships and companies involved in the implementation and execution of the Contest (collectively the “Contest Entities”) are not eligible to participate. The Contest is void in Puerto Rico, and where ever else Contests are restricted or prohibited by law.
2. CONTEST PERIOD: The Contest entry period begins at 12:00AM Pacific Standard Time (“PST”) on January 19th, 2015 and ends on 11:59PM PST on March 20, 2015 (the “Contest Entry Period”). Entries and must be received within the Contest Entry Period to be eligible. Winners (as defined below) will be selected from Entries (as defined below) properly submitted to the Contest.
By entering the Contest, you give Sponsor permission to publish your Entry, including your name and/or Twitter user name. You may enter one (1) time during the Contest Entry Period. Multiple Entries received from any person on Twitter beyond this limit will void all such additional Entries. Any Entrant found to be using multiple Twitter accounts to enter will be disqualified. All Entries must be made in accordance with the Twitter rules found at https://support.twitter.com/articles/18311-the-twitter-rules. Automated Entries (including but not limited to entries submitted using any robot, script, macro or other automated service) are void and will not be accepted. Entries exceeding the length requirement, displaying or containing profanity or that are obscene or otherwise inappropriate (as determined by Sponsor) will be disqualified, as will entries that violate copyright laws or infringe on any third party rights. In the event of a dispute as to any entry, the authorized account holder of the Twitter account and associated e-mail address used to enter will be deemed to be the participant. The authorized account holder is defined as the natural person who is assigned to a username by Twitter.com.
4. WINNER SELECTION: On March 20th, 2014, all Entries will be reviewed by a panel of judges selected by Sponsor and consisting of Mindjet employees responsible for the company’s social media (“Judges”), who will select what they deem, in their sole discretion, to be the top Entry based on the following: (i) the most innovative act; and (ii) the most influential act (“Judging Criteria”). The decisions of these judges are final and binding. In the event of a tie, Judges will break the tie by randomly selecting an entry from all tied Entries as one to be the top Entry. The top Entry, will become the Grand Prize Winner of the Contest (“Winner”) provided the Entrant complies with the requirements of Section 5. Odds of winning will depend on the number of eligible Entries received during the Contest Entry Period.
5. WINNER NOTIFICATION: The potential Winner will be notified via Twitter on March 23, 2014. Notification is deemed to have occurred immediately upon Sponsor tweeting @ the Winner that the Winner was the top Entry (“Notification”). The Grand Prize Winner must contact Sponsor to determine the necessary requirements Entrant must fulfill to claim the Prize (as defined below).To claim the Prize (as defined below), Entrant must sign and return a Contest Release Form (“Required Document”) within ten (10) days of Notification. Failure of the potential winner to timely return the executed Required Document within the specified time period may cause the prize to be forfeited and awarded to an alternate who will be selected as the second best top Entry. Upon receipt of the executed Required Document, Sponsor will determine, in their sole discretion, whether the potential winner is an Eligible Entrant based upon the above listed criteria. In the event the potential winner is not an Eligible Entrant, Sponsor will notify the potential winner and award the Prize to an alternate who will be selected via a random drawing. Except where prohibited by law, acceptance of the Prize constitutes permission for Sponsor to use winner’s name, hometown, likeness, statements, and other personally identifiable information for promotional, advertising and marketing purposes in any media throughout the world without additional prize, incentive, consideration, consent or review; and upon any request, winner will provide written consent to such use.
6. PRIZE: The prize is an American Express Gift Card for One Hundred United States Dollars ($100.00) (“Prize”). Each Prize is subject to the terms of the conditions of the gift card itself. A Prize cannot be substituted, assigned, or transferred; except at Sponsor’s sole discretion or as otherwise provided herein. Sponsor will not replace any lost or stolen Prizes. The Prize is awarded “AS IS” and without warranty of any kind, express or implied (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose).
7. GENERAL CONDITIONS: By participating, Entrants agree to abide by and be bound by these Official Rules, the terms and conditions of the Contest Entities websites and the decisions of the Sponsor, which shall be final and binding in all respects. Should any portion of the Contest be, in Sponsor’s sole discretion, compromised by a non-authorized human intervention or other causes which, in the sole discretion of the Sponsor, corrupt or impair the administration, security, fairness or proper submission of entries, Sponsor reserves the right, at its sole discretion, to cancel, terminate, modify, or suspend the Contest and conduct the Contest in a manner which in its sole discretion is fair, appropriate and consistent with these Official Rules. Notice of such action by Sponsor will be posted on the Website. In such event, Sponsor will select a Grand Prize Winner from all eligible, non-suspect entries received prior to such action. Sponsor reserves the right to award the prize(s) at random from among the eligible entries received up to the time of the impairment. Sponsor reserves the right, in their sole discretion, to disqualify any individual it finds to be tampering with the entry process or the operation of the Contest or to be acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner. Sponsor reserves the right to disqualify or reject any incomplete, inaccurate or false entry. ANY PERSON ATTEMPTING TO DEFRAUD SPONSOR OR IN ANY WAY TAMPER WITH, DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTESTMAY BE DISQUALIFIED AND MAY BE SUBJECT TO CIVIL AND/OR CRIMINAL PROSECUTION AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO COOPERATE IN THE PROSECTION OF SUCH INDIVIDUAL(S) AND TO PURSUE ALL REMEDIES TO THE FULLEST EXTENT PROVIDED BY LAW. Failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
8. RELEASE: By participating in the Contest, Entrants agree to defend, indemnify, release and hold harmless Sponsor, and their respective Officers, Employees, Directors, Parent and Related Companies, Affiliates, Subsidiaries, Agencies and other Companies participating in the design, administration or fulfillment of the Survey (collectively “Released Parties”) from any and all liability for any claims, costs, injuries, losses or damages of any kind arising out of participation in the Contest or receipt, redemption or use of the Prize.
9. LIMITATION OF LIABILITY: The Released Parties does not have any responsibility or liability whatsoever for: (a) unauthorized human intervention in any part of the entry process or the Sweepstakes; (b) electronic or human error which may occur in the administration of the Contest or the processing of entries; (c) any property loss, damage, personal injury, or death, in connection with the prizes provided pursuant to this Contest and/or any person’s participating in the Contest; (d) any printing or typographical errors in any Contest-related materials; (e) stolen, lost, late, misdirected, corrupted, incomplete, damaged or indecipherable entries; or (f) technical failures of any kind, including but not limited to the malfunctioning of any computer, mobile device, cable, network, hardware or software (if applicable), as well as any failure of the Website during the Contest Period. Sponsor’s total aggregate liability shall not exceed $100.00 regardless of the type of claim or legal theory under which liability is imposed.
10. GOVERNING LAW/JURISDICTION: The Contest and these Official Rules are governed the laws of the State of California, without reference to any conflict of laws principles that would require the application of the laws of any other jurisdiction. Entrants irrevocably consent to the personal jurisdiction of the state and federal courts located in the City and County of San Francisco, California for any suit or action arising from or related to the Survey and these Official Rules and waives any right to object to the venue of such courts.
12. OFFICIAL WINNER RULES: For the name of the Contest winners and/or a copy of these Official Rules, mail a stamped, self-addressed envelope to: Mindjet LLC, 1160 Battery Street, 4th Floor, San Francisco, CA 94111. Requests for winner’s lists must be received no later than three (3) months after the end of the Contest Entry Period.
13.SPONSOR: The Sponsor is Mindjet LLC, 1160 Battery St East, 4th Floor, San Francisco, CA 94111. American Express is a trademark of American Express Company or its affiliates. Twitter is a trademark of Twitter, Inc. American Express and Twitter and their parents, affiliates and subsidiaries are not responsible for the promotion, administration or execution of this Sweepstakes.