SMX BIGGEST SEARCH GEEK CONTEST
OFFICIAL RULES/TERMS AND CONDITIONS
For residents of the United Kingdom
This contest is conducted in Australia, Canada, Germany, United Kingdom and United States. These Official Rules apply to United Kingdom participants. If you are an Australia, Canada, Germany or United States participant, please refer to the Official Rules of your country.
For United States participants, read the Official Rules for United States
For Australia participants, read the Official Rules for Australia
For Canada participants, read the Official Rules for Canada
For France participants, read the Official Rules for France (French)
For Germany participants, read the Official Rules for Germany (German)
For Germany participants, read the Official Rules for Germany (English)
Sponsored by Marin Software, Inc. (the "Sponsor"). NO ENTRY FEE. NO PURCHASE NECESSARY TO ENTER OR WIN. The SMX Biggest Search Geek Contest (the “Contest”) begins on November 14, 2013 at 12:01 a.m. Pacific Time and ends on February 14, 2014 at 11:59 p.m. Pacific Time (the “Contest Period”).
1. Eligibility: The Contest is open to legal residents of the U.S. (excluding Puerto Rico and Arizona), Australia, and the United Kingdom, aged eighteen (18) or older and who have an active e-mail account and Internet access, as of the beginning of the Contest Period. Employees of the Sponsor or Third Door Media, Inc./SMX and their respective parent companies, affiliates, subsidiaries, advertising, promotion, fulfillment or other coordinating agencies, individuals providing services to the Sponsor through an outsourcer or temporary employment agency during the Contest Period, and their respective immediate family members and persons living in their same household, are not eligible to enter in the Contest. Participation in the Contest constitutes entrant's full and unconditional agreement to and acceptance of these terms and conditions (the "Official Rules").
2. To Enter: To enter online, select the Contest link from the Contest main page on http://biggestsearchgeek.com during the Contest Period. Answer all of the questions presented to you on the Contest entry form (the “Contest Entry Form”) and click on the button to submit the Contest Entry Form before the end of the Contest Period. No mechanically reproduced mail-in entries are allowed and any use of robotic, automatic, programmed or the like entry methods will void all such entries by such methods.
Only one Contest Entry Form may be submitted per person. Entrants submitting multiple Contest Entry Forms will be disqualified. The contents of Contest Entry Forms may not be shared with third parties. Sponsor reserves the right to disqualify any entrants that post or share Contest Entry Form questions or answers with third parties.
3. Prize Selection: The entries will be judged and scored based on the number of questions correctly answered in the shortest time. Each question has a possible total of 5 points and there are a maximum of 100 points available overall. Partially correct multi-part questions will receive partial credit. The score will be represented as a percentage of total questions answered correctly. If more than one entrant scores the same overall total the Grand Prize Winner (defined below) will be the entrant who completed the questions in the shortest time. The Grand Prize Winner and other Runners Up (as set forth below) will be selected at the offices of the Sponsor, located at 123 Mission Street, 25th Floor San Francisco, CA 94105 within seven (7) days of the end of the Contest Period. If the answers to the questions are open to subjective interpretation, an independent judge, or a panel that includes one independent member will be appointed. In either case, the judge or panel member will be independent from the Sponsor and from the pool of entrants from which the Grand Prize Winner and Runners Up are picked.
Submission of a Contest entry constitutes entrant's certification that the entry is his/her own original work and does not infringe the intellectual property or proprietary rights of any third party, including, without limitation, any third party patents, copyrights or trademarks. Entrant hereby agrees not to instigate, support, maintain or authorize any action, claim or lawsuit against the Sponsor, or any other person, on the grounds that any use of the entry as set out in these Official Rules, infringes any of entrant's rights as creator of the entry, including, without limitation, trademark rights, copyrights and moral rights or "droit moral." By submitting a Contest Entry Form, entrant hereby grants Sponsor and its successors and assigns an irrevocable, worldwide, non-exclusive, royalty-free, sub-licensable (through multiple tiers) and transferable license to use, copy, transmit or otherwise distribute, perform, modify, create derivative works based upon, incorporate into other works, publicly perform and display the entrant’s Contest Entry Form (including any intellectual property rights which exist in the entrant’s Contest Entry Form) or any portion thereof, in or through any medium, whether now known or hereafter created. Nothing in these Official Rules shall constitute an employment, joint venture, or partnership relationship between entrant and Sponsor.
The Grand Prize Winner and other Runners Up will be notified by e-mail and / or telephone as provided by entrant on the Contest Entry Form.
4. Prizes and Odds: The prizes to be awarded from the Contest in total across Australia, Canada, Germany, United Kingdom and United States are as follows:
The Grand Prize (defined below) will be awarded to the entrant with the highest number of correct answers as described in Section 3 above (the “Grand Prize Winner”). In addition, to the Grand Prize Winner, the Contest entrant from in each of these three (3) geographies (i) United States or Canada; (ii) Germany or the United Kingdom; and (iii) Australia who answers the most correct questions in the shortest period of time from beginning the Contest Entry Form to submitting the Contest Entry Form (the “Geography Winners”) will also receive a prize from the Sponsor as described below. In addition to the Grand Prize Winner and the Geography Winners, the fifty (50) Contest entrants who answer the most correct questions in the shortest period of time after the Grand Prize Winner (the “Runners Up”) will also receive a prize from the Sponsor as described below.
The Grand Prize Winner will receive, subject to the terms of these Official Rules, (i) a round trip flight journey, with hotel accommodation included, for the Grand Prize Winner and a travel companion, to Search Marketing Expo - SMX West 2014, which will be held in San Jose, California on March 11-13, 2014 at the San Jose Convention Center and (ii) two (2) All Access Passes to Search Marketing Expo - SMX West 2014 (together, the “Grand Prize”). If the Grand Prize Winner has already purchased his or her All Access Pass, a refund of the purchase price will be given. In addition, the Grand Prize Winner will receive an award at SMX West 2014 presented on stage by Danny Sullivan, leading “search engine guru”, and Matt Ackley (CMO at the Sponsor), during SMX West 2014, or a designee of the Sponsor who is a nationally recognized expert in search engines and online search. Approximate value of the Grand Prize is $6,500 USD.
In connection with the Grand Prize, all other costs and expenses not specifically set out in these Official Rules, including but not limited to transportation to gateway; ground transportation; transfers; food; beverages; mini-bar; insurance; gratuities, souvenirs, etc. are the sole responsibility of the Grand Prize Winner. The Grand Prize Winner and travel companion must travel together and possess necessary travel documents, e.g. valid Federal or state government issued ID, at least thirty (30) days prior to travel. The trip is intended solely for attendance at Search Marketing Expo - SMX West 2014 which will be held on the dates referenced above and for no other purpose. All reservations must be made a minimum of two (2) days prior to departure, and are subject to black-out periods and availability. Travel must originate from and end at the same airport or train station. Once travel commences, no stopovers are permitted; if stopover occurs, full fare will be charged from stopover point for the remaining segments, including return, of the trip. No changes will be made to travel details once any portion of travel arrangements has been made. Ticket re-issues and/or time extensions are not allowed and only flights operated on airlines approved by the Sponsor will be valid. Flight or train travel details are subject to space availability and carrier's regulations and conditions apply. Certain other restrictions may also apply. The trip may not be combined with any other offer and travel may not qualify for frequent flyer miles. The Grand Prize Winner and travel companion will be required to provide valid Federal or state government issued picture ID at time of travel; any identification requirements associated with air travel are the Grand Prize Winner's responsibility. The Sponsor will make travel and hotel arrangements for the Grand Prize Winner, in reasonable consultation with the Grand Prize Winner. Prizes are not redeemable for cash; nor are prizes transferable, refundable or substitutable except by the Sponsor with one of equal or greater value. Travel companion must be at least 18 years old as of the date of departure unless he/she is a minor child of the Grand Prize Winner. All federal, state, local taxes and airport and customs fees if applicable are Grand Prize Winner's sole responsibility.
Each of the fifty (50) Runners Up will receive a "Search Geek" recognition prize from the Sponsor, comprising (i) an email announcement to the fifty (50) Runners Up, (ii) listing of the name of each of the Runners Up on the Sponsor's website, accessible at www.marinsoftware.com, (iii) a digital button ("Digital Button") to be included on the blog/website of each of the Runners Up, and (iv) a t-shirt to be picked up at the Sponsor's booth at SMX West 2013 or shipped to the Runner Up, if the Runner up is not attending SMX West 2013. The approximate retail value of the Runners Up prize is $25 USD. Runners Up may only display and use the Digital Button on websites owned or operated by them for the purpose of identifying their participation in the Contest. Sponsor owns the Digital Button and any and all goodwill and other proprietary rights that are created by or that result from the Runner Up’s use of a Digital Button hereunder inures solely to the benefit of Sponsor. Runners Up may be required to discontinue their display and usage of the Digital Button if Sponsor, at any time, determines, in its sole discretion, that the Runner Up’s use of the Digital Button is inappropriate.
Each of the three (3) Geography Winners will receive an Apple iPad (with approximate retail value of $330 USD), an Xbox One (with approximate retail value $559 USD) or Playstation 4 (with approximate retail value $460 USD).
Neither Sponsor nor any agency on behalf of the Sponsor has arranged for or carry any insurance of any kind for the Grand Prize Winner and Runners Up’s benefit or that of their heirs, executors, administrators or assigns, related to the Grand Prize Winner and Runners Up’s use or enjoyment of the prizes, and the Grand Prize Winner and Runners Up are solely responsible for obtaining and paying for any life, travel, accident, property or other insurance relative to their use or enjoyment of the prizes.
The odds of winning a prize or receiving an award depend on the total number of eligible entries received. No cash or other substitution of prizes or awards is permitted, except at the sole option of the Sponsor for a prize or award of equal or greater value. The Sponsor will not replace any lost or stolen prizes or awards. The Grand Prize Winner and any Runners Up are solely responsible for any and all federal, state, provincial, local, income and other taxes, if any, that apply to prizes or awards.
The total value of all prizes to be awarded is approximately $10,750 USD.
You understand that your winning and acceptance of the prizes will be reported by Sponsor to any government agencies as may be required by law.
5. Notification of Grand Prize Winner and Runners Up: The Grand Prize Winner and Runners Up will be notified by e-mail and / or telephone as provided by entrant on the Contest Entry Form within five (5) business days of the selection, and may be required to sign and return an affidavit of eligibility and publicity/liability release within seven (7) days of notification. If a selected Grand Prize Winner and/or Runner Up cannot be contacted, is ineligible, fails to claim a prize and/or where applicable an affidavit of eligibility and publicity/liability release is not promptly received, is incomplete or modified, the prize may be forfeited and an alternate Grand Prize Winner and/or Runner Up will be selected from remaining valid, eligible entries submitted within the Contest Period. In the event of a dispute regarding who submitted an entry, the entry will be deemed submitted by the authorized account holder of the e-mail account specified in the entry. "Authorized account holder" is defined as the natural person who is assigned to an e-mail address by an Internet access provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. No automatically generated entries will be accepted.
6. General Rules: By entering the Contest, you agree to be bound by these Official Rules. The Contest is offered by Marin Software Incorporated, 123 Mission Street, 25th Floor San Francisco, CA 94105, which is not responsible for (i) late, lost, delayed, damaged, postage-due, incomplete, illegible, misdirected or undeliverable entries, responses, or other correspondence, whether by e-mail or postal mail or otherwise; (ii) theft, destruction, unauthorized access to or alterations of entry materials; or (iii) phone, electrical, network, computer, hardware, software program or transmission malfunctions, failures or difficulties.
The Sponsor reserves the right at its sole discretion to reject any entries which do not comply with these Official Rules, or to remove any entry if the Sponsor receives notification about any potential infringements or breaches of law. You shall indemnify and keep indemnified the Sponsor to the fullest extent possible against any claims, loss or damage howsoever arising which the Sponsor may suffer as a result of a breach of your obligations under these Official Rules. IN NO EVENT WILL THE SPONSOR OR THIRD DOOR MEDIA/SMX BE LIABLE TO YOU FOR ANY DIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, DATA, BUSINESS OR PROFITS) ARISING OUT OF OR IN CONNECTION WITH YOUR PARTICIPATION IN THE CONTEST, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT THE SPONSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you. Nothing in these Official Rules shall exclude or limit the Sponsor’s liability for death or personal injury as a result of its own negligence or in relation to fraudulent misrepresentation or any other liability which cannot be excluded or limited by law.
7. Additional Conditions: Except where prohibited, by participating in the Contest, entrant consents to the use of his/her name, photo and/or likeness, voice, biographical information, entry and statements attributed to entrant (if true) for advertising and promotional purposes, including without limitation, the world wide web, inclusion in the Sponsor's newsletters, the Contest website at biggestsearchgeek.com and the Sponsor's homepages at www.marinsoftware.com and searchmarketingexpo.com, without additional compensation. All entries, as applicable, become property of Sponsor and none will be acknowledged or returned. Allow six (6) to eight (8) weeks for delivery of prizes.
The Sponsor reserves the right, in its sole discretion, to modify or suspend the Contest in whole or in part, in the event of fraud, technical or other difficulties or if the integrity of the Contest is compromised, without liability to the entrant. The Sponsor reserves the right to disqualify any entrant that does not comply with these Official Rules, as determined by the Sponsor, in its sole discretion. The Contest is subject to these Official Rules and all applicable federal, state, provincial and local laws and regulations apply. As stated above, the Contest is void where prohibited or restricted by law. By participating in this Contest, you acknowledge that you have read these Official Rules and agree to abide by them and by the decisions of the Sponsor, which are final and binding on all matters pertaining to the Contest. These Official Rules shall be exclusively governed by and construed in accordance with the laws of England and Wales. Any dispute arising out of, or in connection with, these Official Rules shall be resolved in the Courts of England and Wales.
9. Winner's List, Official Rules: For a list of the Grand Prize Winner and Runners Up or a copy of these Official Rules, send your request and a stamped, self-addressed envelope to Biggest Search Geek Contest, Marin Software, 123 Mission Street, 25th Floor San Francisco, CA 94105 or (for list of Grand Prize Winner and Runners Up only) send an email message to firstname.lastname@example.org with "Winner's list" as the email subject and “SMX Biggest Search Geek Contest“ specified in the body of the e-mail.
10. If any provision contained in these Official Rules shall be prohibited by law or adjudged by a court to be unlawful, void or unenforceable such provision shall, to the extent required, be severed from these Official Rules and rendered ineffective as far as possible without modifying the remaining provisions of these Official Rules, and shall not in any way affect the validity or enforcement of the remaining terms.
11. The Sponsor's Address: Marin Software, 123 Mission Street, 25th Floor San Francisco, CA 94105.
Copyright © 2011-2013 Marin Software
October 4, 2013
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