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1. Eligibility: Big Success Business Pitch Challenge with Comcast (the “Program”) is open only to people who are legal residents of the fifty (50) United States (including District of Columbia) who are eighteen (18) years old or older at the time of entry or participation or voting. A person who complies with all the eligibility rules shall be referred to as “entrant.” Employees of Clue Market Inc and Comcast Inc and any of their parent and affiliate companies, as well as the immediate family (spouse, parents, siblings and children, whether biological, adoptive, step or in-law) and household members of each such employee are not eligible. The Promotion is subject to all applicable federal, state and local laws and regulations. Void where prohibited by law. The program consists of a contest (the “Contest”) and a sweepstakes (the “Sweepstakes”). 2. Sponsor: Comcast Inc and BizTechDay (the “Sponsor”). Administrator: Clue Market, Inc 2443 Fillmore Street #330 San Francisco, CA 94115 3. Agreement to Official Rules: By participating in the Promotion, entrant fully and unconditionally agrees to and accepts these Official Rules and the decisions of the Sponsor and/or Administrator, which are final and binding in all matters related to the Promotion. The award of a prize is contingent upon complying with all conditions and fulfilling all requirements set forth herein. 4. Timing: The Contest begins on January 22nd, 2008 at 12:00 a.m. Pacific Standard Time (”PST”) and ends on October 22, 2009 at 11:59 p.m. PST (the “Contest Period”). The Contest Period consists of four (4) phases as set forth in the chart below.
The Submission Phase contains three (3) quarterly entry periods (each a “Quarterly Entry Period”) during which an entrant (contestant or voter) will also receive a Sweepstakes entry when submitting a video (defined at Rule 5(a) below) or a vote. For the purposes of this Promotion, each Monthly Entry Period will begin at 12:00 a.m. ET the first day of each month and will end at 11:59 p.m. ET the last day of each month. Clue Market’s computer is the official time-keeping device for the Promotion. 5. How to Enter:
Video Content Restrictions: The Video must not contain material that:
SUBMITTING A VIDEO IN THIS CONTEST CONSTITUTES YOUR IRREVOCABLE ASSIGNMENT, CONVEYANCE AND TRANSFERENCE TO SPONSOR ANY AND ALL RIGHT, TITLE AND INTEREST IN THE VIDEO INCLUDING, WITHOUT LIMITATION, ALL COPYRIGHTS AND WAIVER OF ALL MORAL RIGHTS IN YOUR VIDEO (except moral rights where such transfer of moral rights is prohibited by law). Sponsor is not responsible for lost, late, incomplete, invalid, un-intelligible or misdirected Videos, which are void and will be disqualified. Sponsor shall have the right to edit, adapt and publish any or all of the Videos or any of the content contained therein, and may use that content in any media, including but not limited to digital and electronic media, computer, audio and audiovisual media (whether now existing or hereafter devised), in any language, throughout the world, and in any manner, for trade, advertising, promotional, commercial, or any other purposes without attribution (where permissible by law) or compensation to the entrant, his/her successors or assigns, or any other person or entity. Sponsor, in its sole discretion, may feature any Video submitted in this Contest on http://www.bigsuccess.tv any related websites, in any promotional materials, whether related or unrelated to the Contest or any subsequent promotion, and at any other location, whether physical or online, that Sponsor, in its sole discretion, deems appropriate. Each entrant warrants to the Sponsor that the Video submitted by such entrant is an original work of the entrant which does not infringe any rights of any third party. A breach of the warranty set out in this condition will result in the entrant’s Video being invalid and entrant’s potential disqualification from the Contest. In addition, each entrant hereby indemnifies the Sponsor and Administrator against all loss, damages and costs incurred by a Sponsor or the Administrator arising from that entrant’s breach of the warranty set forth in this condition. c. Sweepstakes: For each eligible Video or Vote you submit during the Submission Phase (see Section 4 for specific dates), you will receive one (1) entry into the drawing for the applicable Monthly Entry Period. Non-winning entries will carry over into subsequent Entry Periods. Limit: Three (3) entries per entrant during the Submission Phase. Votes/Entries: The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. The potential winner may be required to show proof of being the authorized account holder. By entering the Promotion, you authorize the Sponsor and Administrator to use the collected personal data for the purposes connected with this promotion only and for the time being necessary to fulfill such purposes. a. Contest: Contest winners will be selected according to the process set forth below:
b. Sweepstakes: Administrator is an independent judging organization whose decisions as to the administration and operation of the Sweepstakes and the selection of the potential Sweepstakes winners are final and binding in all matters related to the Sweepstakes. Administrator will randomly select and announce the potential Sweepstakes winners, from all eligible entries received during the live contest date. 7. Winner Requirements: Quarterly finalists will be notified by email, mail or phone on or around the dates set forth in Section 6. Each potential Grand Prize winner will be required to sign and return to Administrator an Affidavit of Eligibility, Liability & Publicity Release (the “Affidavit”) within ten (10) calendar days of notification. If any potential winner cannot be contacted, or fails to sign and return the applicable Affidavit within the required time period (if applicable), he/she forfeits the applicable prize and his/her Video(s) will be disqualified from further consideration. Failure to comply with these requirements and or the Official Rules for any reason, return of prize notification or prize as un-deliverable or disqualification of any winner for any reason will result in forfeiture of applicable prize. If a potential Contest Prize winner forfeits a prize or is disqualified for any reason, the Judges will select the Finalist whose Video received the next highest score, and/or the Contestants whose Video received the next highest number of votes during the Voting Phase as an alternate potential winner. If a potential Sweepstakes winner forfeits a prize or is disqualified for any reason, Administrator will select from all eligible entries received during all Monthly Entry Periods an alternate potential winner. This course of action may continue until the particular prize is won and claimed, or for up to three (3) alternates (after which the applicable prize will remain un-awarded), whichever occurs first (if time permits). Acceptance of any prize shall constitute and signify the winner’s agreement and consent to Sponsor use of the winner’s name, city, state, country, likeness, photo, Video and/or prize information in connection with the Promotion or with respect to Sponsor’s brand, products, ad campaigns, worldwide, including the Internet, without limitation and without further payment or consideration, except where prohibited by law. 8. Prizes: Limit: One (1) Contest Prize per person. b. Sweepstakes Prizes: ONE (1) SWEEPSTAKES PRIZES (one (1) prize per Monthly Entry Period): A prize pack consisting of XXXX selected by Sponsor in its sole discretion. ARV: $50. The odds of winning a Sweepstakes Prize depend on the number of eligible entries received during each respective Monthly Entry Period. Total ARV of all Sweepstakes Prizes: $TBD. Limit: One (1) Sweepstakes Prize per person. 9. Release: With respect to claims resulting from death or personal injury (in accordance with applicable law in those jurisdictions), by entering the Promotion, entrant agrees to release and hold harmless Sponsor, Administrator, Clue Market, Inc, each of their related companies, their respective parents (if applicable) and affiliates and each of their respective officers, directors, employees, shareholders, and agents (”Released Parties”) from and against any claim or cause of action arising out of participation in the Promotion or receipt or use of any prize whether or not caused by the negligence of the Released Parties. 10. General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Contest, or any part of it, if any fraud, technical failures or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Promotion, as determined by Sponsor in its sole discretion. Sponsor, in its sole discretion, reserves the right to disqualify any individual they find to be tampering with the entry process or the operation of the Promotion or to be acting in violation of these Official Rules or those of any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Promotion may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. 11. Limitations of Liability: In respect to all entrants, the Released Parties are not responsible for and shall be released from all liability resulting from: (1) any incorrect or inaccurate information, whether caused by entrant, printing errors or by any of the equipment or programming associated with or utilized in the Promotion; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) un-authorized human intervention in any part of the entry process or the Promotion; (4) technical or human error which may occur in the administration of the Promotion or the processing of entries; (5) late, lost, un-deliverable, damaged or stolen mail; or (6) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Promotion or receipt or use or misuse of any prize (some jurisdictions do not allow the aforementioned limitations or exclusions of liability, so parts of this section may not apply). The Released Parties are not responsible for and are released from any liability with respect to misdirected or un-deliverable entries or for any technical problems, malfunctions of computer systems, servers, providers, hardware/software, lost or unavailable network connections or failed, incomplete, garbled or delayed computer transmission or any combination thereof. The Released Parties are not responsible for any typographical/other error in entries, selection announcement or for any liability for damage to any computer system resulting from participation in, accessing or downloading information in connection with this Promotion. For Sweepstakes: If, for any reason, an entrant’s Sweepstakes entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another entry in the Sweepstakes. If it is not possible to award entrant another entry due to discontinuance of the Sweepstakes, or any part of it, for any reason, Sponsor, in its sole discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any or all of the prizes offered herein. No more than the stated number of Sweepstakes prizes will be awarded. In the event that production, technical, seeding, programming or any other reasons cause more than the stated number of Sweepstakes prizes as set forth in these Official Rules to be available and/or claimed, Sponsor reserves the right to award only the stated number of Sweepstakes prizes by a random drawing from among all legitimate, un-awarded, eligible prize claims. 12. Disputes: Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Promotion or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the Eastern District of Michigan (Southern Division) or the appropriate Michigan State Court located in Oakland County, Michigan; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Promotion, but in no event attorneys’ fees; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the State of Michigan without giving effect to any choice of law or conflict of law rules (whether of the State of Michigan or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Michigan. Some jurisdictions do not allow the aforementioned choice of venue, so parts of this section may not apply to you. 13. Entrant’s Personal Information: BY SUBMITTING DATA TO SPONSOR AND/OR PARTICIPATING IN THIS PROMOTION, YOU ARE GIVING YOUR CONSENT THAT ALL PERSONAL DATA THAT YOU SUBMIT MAY BE PROCESSED BY SPONSOR IN THE MANNER AND FOR THE PURPOSES DESCRIBED IN SPONSOR’S PRIVACY POLICY POSTED ONLINE AT http://www.bigsuccess.tv/privacy_policy. |