Contest Rules

Official Rules & Regulations of the TypePad, LiveJournal and Vox "What Do You Have to Say?" Promotion

Sponsored by Six Apart Ltd. ("Sponsor")

NO ENTRY FEE. NO PURCHASE NECESSARY TO ENTER OR WIN. The Promotion begins on March 17, 2008, and ends on April 11, 2008.

I.  Eligibility

The TypePad, LiveJournal and Vox "What Do You Have to Say?" Promotion (the "Promotion") is open to individuals who are legal residents of the United States or its territories (excluding Arizona and Puerto Rico), who have an active e-mail account and Internet access, who are eighteen (18) or older as of the date of entry, and who, under applicable law, can form legally binding contracts (hereinafter legal participating individuals shall be referred to as "Participant").  

The Promotion is not intended or directed to persons under the age of 18. By registering for this Promotion or providing Sponsor with any information, Participant represents to Sponsor that he/she is 18 years of age or older and that any information he/she provides to Sponsor about a third party is for a third party that is 18 years of age or older.  
 
Employees of Sponsor, past employees of Sponsor, immediate family members of Sponsor's employees, or members of the household of any such employees, or any employees of Sponsor's various affiliates, partners, their parents or subsidiaries, or employees of Sponsor's advertising, promotion, fulfillment or other coordinating agencies, or individuals providing services to Sponsor through an outsourcer or temporary employment agency during the Promotion, are not eligible to participate in this Promotion.  

By entering this Promotion, Participant agrees to these Official Promotion Rules & Regulations (the "Official Rules") and the decisions of Sponsor, which are final and binding in all respects. This Promotion and any participation therein are void where restricted by federal, state, or local law.

Participant must have access and rights to use equipment and software that meets the technical requirements necessary to register for the Promotion and submit entries at http://www.designtoinspirecontest.com (the "Promotion Site"), including software that is capable of opening a layered graphics file in Adobe Photoshop® format.   

II. Promotion Period

The Promotion begins on March 17, 2008, at 12:00 p.m. Pacific Standard Time (PST), and ends on April 11, 2008, at 11:59:59 p.m. PST (the "Promotion Period").  Sponsor reserves the right to terminate, modify or suspend the Promotion, in whole or in part, in the event of fraud, technical or other difficulties, or if the integrity of the Promotion is compromised, without liability, by giving notice during the Promotion Period; in such case the Promotion will terminate, be modified or be suspended as stated in such notice and the prizes, as defined below, will be awarded based upon judgment of valid entries received at such time.  

III. Entry

Participant must have or create an account on the Promotion Site by providing a username, email address and any other requested data.  There is no registration fee.  By creating an account, Participant incurs no obligation other than to receive emails from Sponsor.
Participant's entry to the Promotion will be a blog page theme consisting of an image based on a template available for download from the Promotion Site, a theme name and an optional description (collectively, a "Submission"). Participant may submit as many different Submissions as desired.  All Submissions are subject to the following requirements:
•    The deadline for entry of Submissions is April 4, 2008, at 5:00 p.m. PST.
•    The image in the Submission must be in JPG, GIF or PNG file format with a file size no larger than forty (40) kilobytes.
•    The description may be no longer than two hundred (200) words.
•    The description must be written in English.
•    The Submission and each element thereof must be the original work of Participant.
•    No Submission may have been a winner or honoree in any previous contest.
•    The Submission must not be defamatory, offensive or obscene or violate or infringe on the trademark, copyright, publicity, privacy or other rights of any third party.
By entering the Promotion, and as a condition of eligibility, Participant agrees to grant to Sponsor a non-exclusive, irrevocable, worldwide, royalty-free license to any and all intellectual property rights Participant may have relating to Participant's Submission including but not limited to copyright, moral rights and a license for Sponsor to adapt, edit, modify, publish, promote, reproduce, distribute, publicly display and perform and make derivative works of Participant's Submission in any and all media as Sponsor sees fit, to incorporate the Submission into Sponsor's TypePad and Vox Web properties, Sponsor's Movable Type blogging software, any of Sponsor's other Web properties and Live Journal Inc.'s LiveJournal Web property and the right (but not the obligation) to identify Participant as the author of the Submission and to authorize others to do any of the above without any obligation to compensate Participant.  
By entering the Promotion, and as a condition of  eligibility, Participant represents and warrants that Participant's Submission and each element thereof is Participant's original work, that it has not been a winner or honoree in any previous contests, that it is not defamatory, offensive or obscene and that it does not violate or infringe on the trademark, copyright, publicity, privacy or other rights of any third party.  Participant agrees to indemnify, defend and hold Sponsor, its employees, agents and representatives harmless for any losses or expenses arising from claims to the contrary.   
 
Sponsor reserves the right to use any technique to verify the accuracy of the information that Participant or any individual or business entity provides when they become a Participant in this Promotion.  

By entering the Promotion, and as a condition of  eligibility, Participant agrees to receive Sponsor emails.  Participant may opt-out of the receipt of such emails by following the directions in any email Participant receives.  

Participant may not enter the Promotion with multiple email and/or multiple identities.  Any such actions may lead to disqualification.     

No responsibility is assumed for lost, late, incomplete, stolen, misdirected, or illegible Submissions, email, or attempts to enter by email; or for any computer, telephone, cable, network, satellite, electronic or Internet hardware or software malfunctions, failures, connections, availability or garbled or jumbled transmissions, lack of Internet accessibility or availability, or technical failure of any kind, or unauthorized human intervention, or the incorrect or inaccurate capture of entry information, or the failure to capture any such information.

IV. Prize Judging

Visitors to the Promotion Site will be able to vote on a Submission through an online poll voting system accessible through the Promotion Site during the Promotion Period.  Each visitor to the Promotion Site may vote only once per Submission but may vote for as many Submissions as he or she may like.

There will be one (1) First Place Winner, one (1) Second Place Winner and one (1) Third Place Winner selected by Sponsor's judges from all Submissions received by Sponsor through the Promotion Site and one "Community Prize" winner selected by visitors to the Promotion Site from all Submissions received by Sponsor through the Promotion Site.  

To determine the First Place Winner, Second Place Winner and Third Place Winner, the Submissions will first be reviewed by a panel of judges chosen by Sponsor, who will identify thirty (30) finalist Submissions with the highest composite scores based on the following factors:

Votes recorded on the Promotion Site: 5%
Composition: 25%
Originality: 30%
Style: 40%

The decisions of the judges in determining the thirty finalist Submissions will be final.

The First Place Winner, Second Place Winner and Third Place Winner will then be selected from the thirty finalist Submissions through a non-random selection process, in accordance with which the finalist Submissions will be reviewed and evaluated by a panel of judges chosen by Sponsor using the following criteria:

Composition: 30%
Originality: 30%
Style: 40%

Any ties in the judges' initial voting for the First Place Winner, Second Place Winner and Third Place Winner will be resolved through repeat voting by the judges until the First Place Winner, Second Place Winner and Third Place Winner are determined by the aggregate votes of all judges.

Selection of the First Place Winner, Second Place Winner and Third Place Winner will be completed no later than five (5) business days after the close of the Promotion Period.  The decisions of the judges in determining the First Place Winner, Second Place Winner and Third Place Winner will be final.

The "Community Prize" winner will be the Submission which receives the highest number of votes from the visitors to the Promotion Site through the online poll voting system accessible through the Promotion Site during the Promotion Period.  Any resulting ties in the poll voting will be arbitrated to determine the winner by the same panel of judges who select the First Place Winner, Second Place Winner and Third Place Winner.  Determination of the "Community Prize" winner will be completed no later than five (5) business days after the close of the Promotion Period.  The decisions of the poll voting system and any tie-breaking judging will be final.

The same Submission may be selected as the First Place Winner, Second Place Winner or Third Place, on the one hand, and "Community Prize" winner, on the other.

The odds of winning any prize depend on the number of eligible entries received.  In Sponsor's two last comparable promotions, Sponsor received 4,657 and 17,500 entries and 12 prizes were awarded in each promotion.

V. Prizes      

There will be three (3) prizes awarded at the end of the campaign, as follows:

First Prize:
•    HP.com gift card ($1,000.00 face value)

Second Prize:
•    HP.com gift card ($500.00 face value)

Third Prize:
•    HP.com gift card ($300.00 face value)

Total value of all prizes to be awarded in this Promotion:  $1,800.00.

Prizes are not transferable, refundable or substitutable except by Sponsor with one of equal or greater value. Prizes are not redeemable for cash.

Sponsor will not replace any lost or stolen prizes.  Winners are solely responsible for any and all federal, state, provincial and local taxes, if any, that apply to prizes.

No prize will be awarded to the "Community Prize" winner.

VI. Notification of Winning

Each winner will be notified by e-mail within ten (10) days of the end of the selection of the prize winners as described above.  Notice will be sent to the email address listed on the winner's registration form.  Sponsor is not liable for any incorrect information contained in Participant's registration form or for Participant's failure to update or keep current any contact information.  

In the event of a dispute as to the identity of a winner based on an e-mail address, the winner will be declared by the authorized account holder of the e-mail address submitted during the registration process.  "Authorized account holder" is defined as the natural person or business entity that is assigned to an e-mail address by an Internet access provider, on-line service provider, or other organization that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address.   

General notification regarding the winners shall be posted on the Promotion Site within fifteen (15) days of the end of the selection of all prize winners as described above.

VII. General Conditions

Each winner must complete, execute, and return an Affidavit of Eligibility, a Liability Release, and where lawful, a Publicity Release within ten (10) days of notification of winning.  The winner's failure to return timely and complete documents, or if prize notification or the prize is returned as non-deliverable, may result in disqualification and forfeiture of the prize, with an alternate winner selected from the remaining, valid, eligible Submissions.  The winner may also be disqualified if found not to be in compliance with these Official Rules or otherwise ineligible.  Disqualification and choosing an alternate winner is in Sponsor's sole discretion.

By participating in the Promotion and/or winning any prize, each winner, where permitted by law, grants Sponsor, and to those acting pursuant to Sponsor's control, the right to use winner's name, portrait, photo, picture, voice, likeness, entry and statements attributed to winner (if true) and biographical information as news or information and for advertising, trade and promotional purposes in print, publications, broadcast, or in any media form worldwide and at any time, including without limitation, inclusion in Sponsors' newsletters, and Sponsor's Web sites and other Web sites owned or controlled by Sponsor without additional consideration and without notification, review, or approval.  

In its sole discretion, Sponsor reserves the unilateral right to disqualify any person it finds to be tampering with the Promotion, any related Sponsor Web site, these Official Rules or any of the other policies mentioned or referenced herein.

All Participants, including the winner, release and agree to hold harmless Sponsor, its parents, affiliates, subsidiaries, advertising and promotion agencies and their respective directors, officers, employees, representatives, attorneys, and agents from any and all liability for any injuries, loss or damage of any kind to person, including death and damage to property, arising in whole or in part, directly or indirectly, from the acceptance, possession, use or misuse of any prize, participation in the Promotion, or participation in any Promotion-related activity.  

If Sponsor suspects that a Participant may have engaged in fraudulent activity in any manner related to this Promotion, Sponsor may suspend or terminate a Participant's right to take part in this Promotion. Any use of programmed, automatic, macro or like methods used in either completing or assisting to send Submissions is prohibited and any Participant using any such methods shall be disqualified.

The incorrect or inaccurate capture of information or the failure to capture such information, whether caused by Participants, hacking or tampering, or by any of the equipment or programming used in association with the Promotion, is not Sponsor's responsibility.  Sponsor is not responsible for injury or damage to Participant's computer (or any other computer that it may use) related to or resulting from participation in the Promotion in any manner.

In the event that any provision of this Agreement shall, in whole or in part, be determined by a court of competent jurisdiction to be invalid, unenforceable, or void for any reason, such determination shall not affect in any way the remainder of any other provision of this Agreement.  This Agreement constitutes the entire agreement between the parties with regard to the subject matter hereof and supersedes all understandings and agreements, whether written or oral, as to such subject matter.  

Any waiver by the Sponsor shall not constitute a waiver or any other or subsequent default or breach, and Sponsor's failure to act with respect to a breach by any Participant does not constitute a waiver of Sponsor's right to act with respect to subsequent or similar breaches.  

SPONSOR, ITS PARENTS, AFFILIATES, SUBSIDIARIES, AND RELATED COMPANIES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, RESPRESENTATIVES, ATTORNEYS, OR AGENTS ("RELEASED PARTIES") IN NO EVENT SHALL BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING PUNITIVE, CONSEQUENTIAL, DIRECT, INDIRECT OR INCIDENTAL DAMAGES ARISING OUT OF PARTICIPANT'S ACTIVITIES THAT ARE IN ANY MANNER RELATED TO THIS PROMOTION, ACCESS OR USE OF ANY WEB SITE MAINTAINED BY OF FOR SIX APART, OR THE DOWNLOADING OF ANY MATERIAL.  WITHOUT LIMITING THE FOREGOING, EVERYTHING RELATED TO THIS PROMOTION AND ANY WEB SITE MAINTAINED BY OF FOR SIX APART IS 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 CONSEQUENTIONAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO EVERY PARTICIPANT.  CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.  

This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors, and permitted assigns.  This Agreement may be assigned in whole or in part, without consent, by Sponsor to any person, partnership, corporation, or any other entity that succeeds to Sponsor's business or which has purchase substantially all of the Sponsor's assets.  Participant may not assign its rights or delegate its obligations under the Agreement, and any such attempted assignment or delegation shall be void and of no effect.  

By entering, each Participant agrees that Sponsor shall not be responsible for any of the following: (a) typographical or other errors in the printing of the offer, administration of the Promotion or in the announcement of any prize or the winner; (b) computer system, phone line, hardware, software or program malfunctions, or other errors, failures or delays in computer transmissions or network connections that are human or technical in nature; (c) incorrect or inaccurate entry/transaction information whether caused by Internet users or by any of the equipment or programming associated with or utilized in the Promotion or by any technical or human error which may occur in the transmission, receipt or processing of the entries/transactions; (d) lost, late, damaged, misdirected or incomplete entries/transactions, or for entries/transactions submitted in a manner that is not specified in these rules; (e) any injury or damage to a Participant's or any other person's computer related to or resulting from participating in this Promotion.  

CAUTION:  ANY ATTEMPT BY A PARTICIPANT TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS PROMOTION MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS.  SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO DISQUALIFY SUCH PARTICIPANT AND TO SEEK DAMAGES FROM SUCH PARTICIPANT TO THE FULLEST EXTENT PERMITTED BY LAW.    

VIII. Governing Law; Arbitration

These Official Rules shall be governed by and interpreted in accordance with the laws of the State of California (without reference to its choice of law principles), which shall take priority over any foreign laws, rules and regulations.  

Except where prohibited, as a condition of participating in the Promotion, Participant agrees that any and all disputes which cannot be resolved between the parties, claims and causes of action arising out of or connected with this Promotion, or any prizes awarded, or the determination of any prize winner shall be resolved individually, without resort to any form of class action, and exclusively by arbitration pursuant to the commercial arbitration rules of JAMS, then effective, in San Francisco, California.  Further, in any such dispute, claim or cause of action, under no circumstances will Participant be permitted to obtain awards for, and hereby waives all rights to claim indirect, punitive, incidental, or consequential damages, or any other damages, including attorneys' fees, other than Participant's actual out-of-pocket expenses (i.e., costs associated with entering this Promotion), and Participant further waives all rights to have damages multiplied or increased.  

IX. Restricted Activities

Participant shall comply with all applicable domestic and international laws, statutes, ordinances, and regulations (including, but not limited to, exporting or importing goods, consumer protection, or unfair competition) regarding the use of Sponsor's service and participation in this Promotion.

X. Personal Information

Sponsor may collect personal data about Participant online, in accordance with Sponsor's Privacy Policy and as may be more specifically set forth in these Official Rules. Please review Sponsor's Privacy Policy at http://www.sixapart.com/privacy.  By participating in the Promotion, Participant hereby agrees to Sponsor's collection and use of his/her personal information and acknowledges that he/she has read and accepted these Official Rules and Sponsor's Privacy Policy.

XI. Percentage of Winners in Most Recent Promotion; List of Promotion Winner(s); Copy of Official Rules

For a statement of the actual number of entrants and the percentage of resulting winner(s) in Six Apart's most recent promotion, mail a self-addressed stamped envelope to:

Attn: Percentage of Past Winners
Six Apart Ltd.
548 4th Street
San Francisco, California  94107

For a list of the Promotion winner(s) and their associated prize(s) and a copy of the winning Submission(s), mail a self-addressed stamped envelope to:

Attn: Winners List; "What Do You Have to Say?" Promotion
Six Apart Ltd.
548 4th Street
San Francisco, California  94107

For a copy of these Official Rules, mail a self-addressed stamped envelope to:

Attn: Official Rules; "What Do You Have to Say?" Promotion
Six Apart Ltd.
548 4th Street
San Francisco, California  94107

XII. Sponsor's Address

Six Apart Ltd.
548 4th Street
San Francisco, California  94107