There is NO PURCHASE OR PAYMENT NECESSARY to enter or win the Viewzi On-line contest (“The Contest”). Purchasing a product or service will not affect your odds of winning. Void where prohibited by law. By entering The Contest you consent to be bound by these Official Rules, which shall constitute a contract between you and Viewzi. All decisions of Viewzi with respect to The Contest shall be final.
You have not yet won. The true name of the sponsor of The Contest is Viewzi, Inc.(collectively, with its successors, assigns, designees or licensees, “Viewzi”) with a principal place of business at 3116-D, Commerce Street, Dallas, TX 75230.
To be eligible, you must be a resident of one of the 50 states of the United States or the District of Columbia, be at least 18 years old as of the date of entry, and not reside in Florida, New York, Rhode Island, Arizona, and Puerto Rico. Officers, directors, and employees of Viewzi, its affiliates, including Jackson Walker L.L.P., as well as those individuals’ immediate family members and the residents of their households are not eligible.
The promotional period (“Promotional Period”) begins on June 23, 2007, at 10:00 a.m. Central Standard Daylight Time (“CT”) and ends at 09:00 p.m. CT on June 23, 2007 (the “Termination Date”). During the Promotional Period, views may be submitted for review by the panel of judges. Viewzi reserves the right to extend the Promotional Period at its sole discretion.
To enter The Contest, you must upload your view (the “View”) via www.viewzoo.com within the Promotional Period or deliver your view via to a Viewzi employee via digital media or electronic transfer and agree to these Official Rules and Contest Agreement (“Contest Agreement”). You will be deemed to have entered The Contest only once your view and Contest Agreement have been received and processed by a Viewzi staff member. No responsibility is assumed by Viewzi for late, incomplete, stolen, misdirected, or corrupted entries.
By participating in The Contest, entrants hereby agree to Viewzi’s collection and usage of their personal information.
If at least 10 entries are received by Viewzi within the Promotional Period, a total of 3 winners (Best Sports View, Best Entertainment View, and a people’s choice award that can be from any category) will be selected by a panel of three judges. The selection of the said winners is completely within the discretion of the panel of judges. The names of all winners will be posted on the Viewzoo website and individual winners will be notified by email or telephone on the 23rd. Entries will not be carried forward to subsequent contests conducted by Viewzi. If Viewzi is unable to locate the winner within 7 days of the drawing (e.g., email address is invalid, mail is returned as undeliverable, etc.), that person will become ineligible for the prize and an alternate winner will be selected.
The prize for the Best Sports View is $1,000 in cash.
The prize for the Best Sports View will only be awarded if there are at least 5 qualifying entries; provided, however, Viewzi reserves the right, in its sole discretion, to award the $1,000 to the Best Sports View winner even if there are not at least 5 qualifying entries.
The prize for the Best Entertainment View is $1,000 in cash.
The prize for the Best Entertainment View will only be awarded if there are at least 5 qualifying entries; provided, however, Viewzi reserves the right, in its sole discretion, to award the $1,000 to the Best Entertainment View winner even if there are not at least 5 qualifying entries.
The prize for the “People’s Choice Award” is a Nintendo Wii, with a retail value of about $300.
The Nintendo Wii will be awarded regardless of the number of entries; if there are less than 5 qualifying entries in either of the Best Sports View or the Best Entertainment View categories, and Viewzi does not, in its sole and absolute discretion, award the $1,000 prize to either one of these, then the Nintendo Wii will be awarded to either the People’s Choice Award winner or the winner of one of the two other contests in the event a prize has not been awarded for both. No assignment, transfer or substitution for cash of a prize is permitted. Viewzi will arrange for delivery of the prize to the winner either in person or by mail. All taxes, as well as any title, inspection, license and registration fees, are the sole responsibility of the winner. The odds of winning The Contest depend on the number of eligible entries received.
Except where prohibited by law, winners must agree to this Contest Agreement, which includes: (1) An Affidavit of Eligibility, attesting to the winner’s eligibility and compliance with the Contest Agreement; (2) A Release of Liability, releasing Viewzi from any liability arising out of The Contest; (3) A Publicity Release, allowing Viewzi to use the winner’s name, likeness, voice and biographical information for publicity purposes; (4) and Advertisement Release; and (5) An assignment of the rights in an entrant’s View submitted in The Contest. Winners also will be required to provide any other information needed by Viewzi to comply with applicable laws and regulations, including those relating to the payment of income taxes. By accepting a prize, the winner grants to Viewzi permission for the use of his/her name, likeness and biographical information for advertising and promotional purposes without additional compensation, except where prohibited by law.
Failure to agree to the Contest Agreement, or if prize notification or prize is returned as non-deliverable, may result in disqualification with an alternate winner selected. Viewzi reserves the right, exercisable upon its sole discretion, to disqualify any individual it finds has: (1) Violated this Contest Agreement; (2) Altered or attempted to alter the outcome of The Contest; (3) Violated any law or regulation by participating in The Contest; or (5) Fraudulently completed the registration form or provided other false information to Viewzi.
Viewzi is not responsible for any incorrect or inaccurate information, whether caused by website users or by any of the equipment or programming associated with or utilized in The Contest, and Viewzi assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft, destruction, or unauthorized access to the Viewzi website. Viewzi is not responsible for injury or damage to participants’ or to any other person’s computer related to, or resulting from participating in, The Contest or downloading materials from or use of the website. If, for any reason, The Contest has been subject to corruption or compromise, which, in the sole opinion of Viewzi, could affect the administration, security, fairness, or integrity of The Contest, Viewzi reserves the right, exercisable at its sole discretion, to cancel, terminate, modify or suspend The Contest.
IN NO EVENT WILL VIEWZI, ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES OR AGENTS, BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, ARISING OUT OF YOUR ACCESS TO AND USE OF THE WWW.VIEWZI.COM WEBSITE, THE WWW.VIEWZOO.COM WEBSITE, OR THE DOWNLOADING FROM AND/OR PRINTING OF MATERIAL DOWNLOADED FROM SUCH SITES. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THESE SITES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
The names of all winners will be posted on the Viewzoo website. You may obtain a copy of the list of winners by printing them from Viewzoo.
I am over eighteen years of age. I am submitting this affidavit to Viewzi with the understanding that it will be relied upon to determine whether I am entitled to receive the prize for which my entry has been selected in the on-line contest sponsored by Viewzi. I represent that I have complied with all of the Official Rules and the Contest Agreement and that I have perpetrated no fraud or deception in entering or in claiming, if I am the winner, my prize. I further represent that neither I, nor any member of my immediate family or household, is an employee of Viewzi or any entity specifically excluded in the Official Rules. I agree to return to Viewzi any prize, or the prize value if intangible, which may be awarded to me if any statement made by me in this affidavit is false.
I hereby agree to this Release of Liability with the intent to bind myself, my heirs, assigns, legal representatives, and any other person claiming under or through me. I EXPRESSLY AGREE THAT NEITHER VIEWZI OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR ASSIGNS SHALL BE LIABLE FOR ANY INJURIES, DAMAGES, CLAIMS, DEMANDS, ACTIONS OR CAUSES OF ACTION WHATSOEVER WHICH MAY ARISE OUT OF, OR RESULT FROM, MY WINNING, ACCEPTANCE OF OR USE OF THE PRIZE I RECEIVED IN CONNECTION WITH THE VIEWZI ON-LINE CONTEST, AND I DO HEREBY AGREE TO FOREVER RELEASE, DISCHARGE, INDEMNIFY, HOLD HARMLESS AND DEFEND VIEWZI OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND ASSIGNS OF AND FROM ANY SUCH INJURIES, DAMAGES, CLAIMS, DEMANDS, ACTIONS OR CAUSES OF ACTION, INCLUDING ATTORNEYS’ FEES. I HEREBY IRREVOCABLY COVENANT TO REFRAIN FROM, DIRECTLY OR INDIRECTLY, ASSERTING ANY CLAIM OR DEMAND, OR COMMENCING, INSTITUTING OR CAUSING TO BE COMMENCED, ANY PROCEEDING OF ANY KIND AGAINST VIEWZI OR ANY SUCH OTHER PARTY, BASED UPON ANY MATTER PURPORTED TO BE RELEASED HEREBY.
NO PURCHASE NECESSARY. Void in Rhode Island, Florida, New York, Puerto Rico, Arizona, and where prohibited by law. Open only to legal residents of the 50 States of the U.S. and DC (excluding Rhode Island, Florida, New York, Puerto Rico and Arizona).
If I am awarded a prize pursuant to the Contest, and as a condition to the receipt of such a prize, I hereby agree on behalf of myself, my heirs, assigns, legal representatives, and any other person claiming under or through me that Viewzi shall have the non-exclusive and perpetual royalty-free right, but not the obligation, to use my name, photograph, voice, likeness, and similar characteristics of my identity for advertising, promoting, selling, and other related purposes in connection with the Viewzi website both during and after the Viewzi on-line contest. I agree to cooperate with Viewzi by providing appropriate photographs and biographical information. Viewzi agrees that the exercise of its rights hereunder will not be in the nature of an endorsement by me of any product or service without my consent.
I hereby irrevocably transfer and assign to Viewzi, all of my right, title, and interest in and to the View that I upload or otherwise deliver to Viewzi and I acknowledge that the View once delivered to Viewzi becomes the property of Viewzi. I also hereby irrevocably relinquish and forever waive for the benefit of Viewzi any moral rights (defined as either any right to claim authorship of a work or any right to object to any distortion or other modification of a work, or any similar right existing under the law of any country in the world or under any international agreement) in any work of authorship. If any of the rights in the View are not so transferable, assignable, relinquishable of waivable under applicable law, then I hereby grant to Viewzi, its successors, assigns, or designees, an exclusive, perpetual royalty-free license in the View and all related intellectual property.
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