ICQ INTERNET TIME CONTEST OFFICIAL RULES
NO PAYMENT, PURCHASE OR OTHER CONSIDERATION NECESSARY TO ENTER OR CLAIM PRIZE.
OPEN TO PERSONS RESIDING IN USA, CANADA (EXCLUDING QUEBEC), AUSTRALIA, GERMANY, ITALY, SWITZERLAND, UNITED KINGDOM, FINLAND, ARGENTINA, THAILAND, INDIA, AUSTRIA, CHILE, DENMARK, POLAND, TAIWAN, NORWAY, SWEDEN, JAPAN, AND THE US VIRGIN ISLANDS AND WHO ARE LEGALLY COMPETENT TO ENTER INTO LEGALLY BINDING AGREEMENTS UNDER THE LAWS OF THE JURISDICTION IN WHICH THEY RESIDE AT TIME OF ENTRY.
VOID WHERE PROHIBITED, RESTRICTED OR TAXED BY NATIONAL, STATE, PROVINCIAL OR ANY OTHER GOVERNMENTAL LAWS OR REGULATIONS OR WHERE SUCH SWEEPSTAKES OR CONTESTS ARE SUBJECT TO ANY LICENSING OR REGISTRATION REQUIREMENTS.
- ELIGIBILITY: NO PURCHASE NECESSARY TO ENTER OR CLAIM PRIZE. Open to persons residing in USA, Canada (excluding Quebec), Australia, Germany, Italy, Switzerland, United Kingdom, Finland, Argentina, Thailand, India, Austria, Chile, Denmark, Poland, Taiwan, Norway, Sweden, Japan, and the US Virgin Islands and who are legally competent to enter into legally binding agreements under the laws of the jurisdiction in which they reside at time of entry and are registered ICQ users. Employees, officers and directors of Swatch AG. and ICQ Inc. (the "Sponsors"), their parents, affiliates, subsidiaries, advertising and promotion agencies and members of the immediate families and individuals living in the same household of such employees are not eligible. Contest is void where prohibited, restricted or taxed by national, state, provincial or any other governmental laws or regulations or where such contests are subject to any licensing or registration requirements. Sponsors reserve the right to terminate this Contest, in its sole discretion, at any time, and with no liability, in any country where such contests are found to be prohibited, including but not limited to any country listed herein. All national, state, provincial and local laws and regulations apply.
- ENTRY PERIOD: The ICQ Internet Time Contest (the "Contest") begins at 5:00 am (EST) on March 25, 2003 and ends at 8:59 pm EST on April 22, 2003 ("Entry Period"). Entries received prior to or after the Entry Period will be disqualified.
- TO ENTER: Entries must be sent via email to contest@icq.com. Your entry must include your name, email address, country of residence and your local time at @500, a creative original photo and a paragraph of 10 to 200 words in length describing the circumstances of your photo.
Each entry must be original, unpublished and written by the Entrant. Photographs must be in one of the following formats: .jpeg; .gif. Images must be under 80k in size. Photograph must be the original work of entrant and must be owned by entrant. Modifying, enhancing or altering a third party's pre-existing work does not qualify as entrant's original creation. Entry must be in keeping with Sponsors' image and may not be offensive, as determined by Sponsors in their sole discretion, nor can it defame or invade publicity rights or privacy rights of any person, living or deceased, or otherwise infringe upon any persons personal or proprietary rights. Any entrant whose photograph includes the likeness of a third party or contains elements not owned by the entrant (including, but not limited to, trademarks or logos) must be able to provide a legal release for such use, including Sponsors' use of such entry, in a form satisfactory to Sponsors.
Only one entry per email account. Duplicate entries may be disqualified. Your entry must be in English or be accompanied by an accurate English translation.
- JUDGING CRITERIA: Judges will select ten (10) winners from all eligible entries that convey the theme, on the basis of originality, creativity, composition, wit and conveyance of an understanding of Internet Time. Potential winners will be selected based on the following criteria (the "Judging Criteria"): photograph quality (20%); originality (20%); creativity (20%); quality of paragraph (20%) and entry' s relation to ICQ (20%) . In the event of a tie, the photographs involved in the tie will be reviewed by an additional judge according to the Judging Criteria. Odds of winning depend on the relative performance of all entrants.
- PRIZES/ODDS OF WINNING: On or about April 24, 2003, ICQ, Inc., will choose 10 winning entries from among all eligible entries received to award the following prizes:
(1) First Prizes- 5 ICQ- Swatch wrist watches, model: Skin.beat GREEN PETAL. ARV: US $ 70.-
(2) Second Prizes- 5 ICQ-Swatch wrist watches, model: Gent Access BLUE ICON. ARV: US $ 50.-
If prize becomes generally unavailable, Sponsors reserve the right at their sole discretion to substitute a prize of comparable or greater value. No prize transfer or cash redemption.
- NOTIFICATION OF WINNERS: Winners will be notified by email. Any prize notifications returned as undeliverable as addressed as of 11:59 PM EST April 29, 2003, or the failure of a winner to prove eligibility, will result in an alternative winner being selected.
- SPONSOR'S RIGHTS TO CONTEST ENTRIES: All entries become the exclusive property of Sponsors and will not be acknowledged or returned. Submission of entry grants Sponsor, its affiliates, subsidiaries, assignees, licensees, and legal representatives the irrevocable, perpetual, worldwide license to use, reproduce, edit, market, store, distribute, have distributed, publicly and privately display, communicate, publicly and privately perform, transmit, have transmitted, create derivative works based upon, and promote the entry through the ICQ Web site, ICQ Software and such other products or services as ICQ may designate in any medium now known or hereafter devised, for editorial, commercial, promotional and all other purposes.
While you retain ownership of all right, title, and interest in the photo itself, you agree that ICQ owns all right, title, and interest in any compilation, collective work or other derivative work created by ICQ using or incorporating the photo or entry. You represent and warrant that (i) the entry and photo does not and shall not infringe on any copyright or any other third party right nor violate any applicable law or regulation, (ii) you have the right to grant any and all necessary rights and licenses provided herein, including without limitation, all necessary copyright and other related rights to the entry and photo, free and clear of all claims and encumbrances without violating the rights of any person or entity, including any right to privacy or publicity.
- EXTENSIONS: Sponsors reserve the right to extend the deadlines, drawings and selecting or notification of winners.
- GENERAL: By participating, entrants agree [a] to abide by and be bound by these rules, the ICQ Terms of Service, including without limitation the ICQ Photo Submission Terms of Use and decisions of Sponsors and judges which shall be final in all respects relating to this Contest, including without limitation the interpretation of these rules; and [b] to release, discharge and hold harmless Sponsors, their parents, affiliates, subsidiaries, advertising and promotion agencies, and legal advisors and their respective directors, officers and employees from any and all injuries, liability, losses, damages, rights, claims and actions of any kind resulting from their participation in the Contest or their acceptance, use or misuse of a prize, including without limitation, personal injury, death and property damage, and claims based on publicity rights, defamation or invasion of privacy. Because some jurisdictions do not allow the exclusion of incidental or consequential damages, the above exclusions of incidental or consequential damages may not apply to you. In the event any dispute arises regarding the meaning or interpretation of these rules or the decisions of judges of the Contest, participants agree that the dispute shall be resolved by applying the laws of the Commonwealth of Virginia, United States, excluding all choice of laws, and any judicial proceeding shall take place in the courts of such state. If Sponsors are unable to notify the selected potential winner, or the selected potential winner does not respond to Sponsors notification attempts within time specified herein, winner will be disqualified and an alternate winner may be selected. Entrants agree to use of name for publicity purposes (posting of entrants city and country at ICQ Internet Time Contest Entries Gallery) without additional compensation unless prohibited by law, and agree to execute specific consent to such use if requested. You further understand, and thereby authorize, that your photograph and entry may be accessed, viewed, stored or reproduced by ICQ and viewed by any of ICQ's members or other visitors to the ICQ Web site. You waive any right to inspect or approve uses of the photograph or entry or to be compensated for any such uses.
To access and update your personal information published on ICQ go to http://web.icq.com/whitepages/login/ Sponsors, their parents, affiliates, subsidiaries, agencies and representatives and their respective directors, officers and employees are not responsible and shall not be liable for: [a] telephone, electronic, hardware or software program, network, Internet or computer malfunctions, failures, or difficulties of any kind, including without limitation, server malfunction or by any human error which may occur in the processing of entries; [b] failed, incomplete, garbled or delayed computer transmissions; [c] lost, late, misdirected, mutilated, incomplete, illegible or postage-due entries or mail; or [d] any condition caused by events beyond the control of the Sponsors that may cause the promotion to be disrupted or corrupted. Sponsors reserve the right in its sole discretion: (1) to cancel or suspend the Contest or any portion of the Contest should virus, bugs or other causes beyond control of Sponsors corrupt the administration, security or proper play of the promotion. (2) 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. Any attempt by any person to deliberately undermine the legitimate operation of the Contest may be a violation of criminal and civil law, and, should such an attempt be made, Sponsors reserve the right to seek damages from any such person to the fullest extent permitted by law. Sponsors' failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
No prize substitution except by Sponsors due to unavailability (in which case a prize of comparable or greater value will be awarded). Applicable withholding taxes imposed by the U.S. and applicable state governments may be deducted from prize awards. One prize per person.
- TAXES AND COSTS: Taxes and all incidental costs or expenses not identified by these rules on prizes and compliance with national or local laws on acceptance of prizes are the sole responsibility of winners. It is the sole responsibility of winners to obtain any necessary approvals required by local laws in order to collect prizes. Residents of Canada, in order to win, must first correctly answer a mathematical skill-testing question administered by email, mail or express mail at Sponsors' sole discretion.
- WINNERS' LIST: To receive a winners' list, available after May 4, 2003, go to www.icq.com/timecontest or by email to contact@icq.com. Requests must be received by May 18, 2003.
Sponsors:
ICQ Inc.
22000 AOL Way
Dulles, VA 20166-9323 USA
Swatch AG
Jakobstämpflistrasse 94
CH-2500 Biel 4
Switzerland
© 2003 ICQ Inc. All rights reserved. ICQ and the Flower Logo are trademarks of ICQ, Inc. Swatch is a trademark of Swatch AG. Swatch, the creator of Internet Time.