LeapFrog Enterprises, Inc.
FLY 'Make a Mix and Win' Promotion
OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR WIN. PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. MANY WILL ENTER, BUT FEW WILL WIN. VOID IN QUEBEC AND WHERE PROHIBITED.
Eligibility: Open and offered to all legal residents of the 50 United States, the District of Columbia, and Canada (excluding Quebec). Employees, officers, and directors of LeapFrog Enterprises, Inc. and each of their respective parents, subsidiaries, affiliated companies and advertising and promotion agencies, and those involved in the production, development, distribution, implementation or handling of this sweepstakes, any agents acting for or on behalf of the above entities, service providers, prize suppliers, website developers, and other persons associated with the sweepstakes and/or members of their immediate families (spouses, children, siblings, parents, regardless of where they live) and/or persons living in the same household as such employees, officers, and directors (whether or not related) are ineligible.
Promotion Period: The Sweepstakes begins June 28, 2006 at 12:00:01 AM Pacific Time (PT), and ends at 11:59:59 PM PT on October 29, 2006 ("Promotion Period"). Promotion Administrator's computer is the official time keeping device for this promotion. In the event there are unclaimed prizes at the end of the Promotion Period, Sponsor reserves the right to extend the Promotion Period for a period of time sufficient to award unclaimed prizes. The FLY Make-A-Mix Contest has been extended until October 29, 2006.
Prizes/Odds: (18) First Prizes - 2 FLY™ Pentop Computers (SRP $198 USD/ $220 CAD). Total promotional value is $3,564.00 USD/ 3,960 CAD. The odds of winning depend on the number of eligible entries received. If winner cannot comply with all requirements or accept the prize as stated, the prize will be forfeited. Any costs and expenses not expressly stated are the sole responsibility of the winner. Any descriptions of prizes are for illustrative purposes only. Participants can win multiple first prizes if multiple winning mixes are submitted Any given mix is only eligible to win once, however, the participant who has created a winning mix will be able to submit additional mixes for consideration (additional mixes must be deemed musically different than original winning submission).
How to Enter: Entries will be accepted via the Internet. INTERNET ENTRY - Access www.flypentop.com ("Website") and click on 'Create a Mix' on the home page. Once on the 'Make a Mix' page, create a mix using the 'mixer' application. After a mix is created submit to the FLY Gallery where other users will be asked to vote on their favorite mixes. Each week the mix with the highest votes gets posted to the 'winners circle'. Mixes are identified by username. At the end of each week the individual who created the mix with the highest votes will win two (2) FLY Pentop Computers. Before a mix can be submitted to the gallery the user must be logged-in. Participants (and their parent/guardian if under 18) must accept terms to license their mix. In order for a mix to be eligible for winning it must not be a reproduction of copyrighted material that is owned by another artist or contain any part of a reproduction or copyrighted materials (no sampling, 100% original). By submitting a mix to the FLY Gallery, you (and your parents, if you are under age 18) automatically grant (or warrant that the owner of such rights has expressly granted) to LeapFrog a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, and publish the mix on www.flypentop.com website for the purpose of the "Make a Mix" contest only. In addition, you waive any "moral rights" and other rights that might be recognized throughout the world (including without limitation, the European Economic Community) in those materials.
Participants will be asked to submit their email address so that we may contact them if they are a winner (email addresses will be solely used for this purpose and will be discarded after promotion has ended).
All entries become the property of Sponsor and none will be acknowledged or returned. Neither Sponsor, nor Promotion Administrator, will respond to questions about the promotion during the pendancy of the promotion.
Winner Selection and Notification: Winners will be selected based on the highest number of votes received within the 7 day voting cycle (Sunday to Sunday). In the event of a tie, a winner will be selected at random. The first promotion period will be approximately 11 days long (6/28 – 7/9). All other promotion periods will be 7 days in length. Winners will be notified via email. If a winner is not notified within 7 days of winning please send an email to flypromotion@evb.com so that we can provide you with instructions for claiming your prize. Once winner email is received participants have 14 days to submit the necessary paperwork so prizes can be issued. All paperwork can be mailed or faxed to the address below. Participants should expect to receive prizes within 30 days of submitting paperwork.
Mailing Address:
EVB
c/o Make a Mix Promotion
1596 Howard Street
San Francisco, CA 94103
Fax:
EVB
c/o Make a Mix Promotion
415.281.3957
General Terms: No substitution of prizes is offered, no transfer of prize is permitted, and prizes may not be redeemed for cash. Sponsor, however, reserves the right to substitute any prize which becomes unavailable with a prize of equal or greater value. Promotion subject to all applicable federal, state, and local laws, rules, and regulations. Prize recipient will be solely responsible for paying all taxes on prizes based on the value of the prize as set forth in these rules. No groups, clubs, newsletters or organizations may reproduce or distribute any portion of these rules to their members, and anyone who enters the promotion through means not permitted by these rules is disqualified. All entrants, as a condition of entry, agree to be bound by these Official Rules and the decisions of the judges/Promotion Administrator which are final and binding in all respects. Prize winners (who are considered minors in their jurisdiction of residence) may be required to complete, execute and return a Parental Consent Form, Affidavit of Eligibility (in Canada a Declaration of Compliance), Liability Release, and where lawful, a Publicity Release (or any other documentation that Promotion Administrator requires) within fourteen (14) days of receipt of those documents. If documents are not returned within fourteen (14) days of receipt, or if any notification or prize is returned as non-deliverable, or if a winner of any prize is found to be ineligible or not in compliance with these Official Rules, such prize may be forfeited. Unclaimed prizes may be awarded at the sole discretion of the Sponsor. Except where prohibited by law, winner's acceptance of a prize constitutes permission of winner for Sponsor, Sweepstakes Entities, and those acting pursuant to Sponsor's authority to use such winner's name, address (city and state), photo, and likeness, for advertising, trade and publicity purposes in all forms of media now known or hereafter discovered or devised, world wide (including posting on the World Wide Web) in perpetuity, without further notice, review or approval, or compensation. By accepting a prize, each winner (and Parent or legal guardian if prize winner is a minor in their jurisdiction of residence) releases and agrees to indemnify and hold harmless Sponsor, Promotion Administrator, Sweepstakes Entities, their respective parents, affiliates, subsidiaries, advertising and promotion agencies and their respective directors, officers, employees, representatives and agents from any and all liability for any injuries, loss or damage of any kind to any person(s), including death, and property, arising in whole or in part, directly or indirectly, from acceptance, possession, use or misuse of a prize, or participation in this sweepstakes or any sweepstakes-related activity.
Limitations of Liability: No responsibility is assumed by Sponsor or its representatives, agencies, or service providers for lost, late, incomplete, illegible, stolen, misdirected, postage due or delayed entries, mail or email; or for any computer, telephone, cable, satellite, network, electronic or on-line/Internet hardware or software malfunctions, failures, connections, availability, or garbled or jumbled transmissions, or service provider/Internet/website use, accessibility or availability, or traffic congestion, or unauthorized human intervention, other errors of any kind whether human, mechanical, electronic or network, or the incorrect or inaccurate capture of entry or other information or the failure to capture, or loss of, any such information. Any use of robotic, macro, automatic, programmed or like entry methods will void all such entries by such methods. Sponsor reserves the right, at its sole discretion, to disqualify any individual it finds to be tampering with entry process or operation of sweepstakes or Website, to be acting in violation of the terms of the Website or to be acting in a non-sportsmanlike or disruptive manner, or with intent to threaten, abuse, or harass any other person. No responsibility is assumed by Sponsor, Promotion Administrators, or Sweepstakes Entities or their representatives, agencies, or service providers for any incorrect or inaccurate information, whether caused by entrants, website users, tampering, hacking or by any of the equipment or programming associated with or utilized in the sweepstakes, and none of the stated entities assumes any responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to the Website. No responsibility is assumed by Sponsor, Promotion Administrator, Promotion Entities, or its representatives, agencies, or service providers for injury or damage to participants' or to any other person's computer related to or resulting from participating in this sweepstakes. If for any reason, the sweepstakes is not capable of running as planned, by reason of infection by computer virus, worms, bugs, tampering, hacking, unauthorized intervention, fraud, technical failures or any other causes which, in sole opinion of the Sponsor, corrupt or affect the administration, security, fairness, integrity or proper conduct of this sweepstakes, Sponsor reserves the right, at its sole discretion, to cancel, terminate, modify or suspend the sweepstakes, and determine winners from entries received prior to action taken and mail-in entries, or as otherwise deemed fair and equitable by Sponsor. In case of dispute, entries by Internet will be declared made by the authorized account holder of the e-mail address used to participate at the time of entry. "Authorized account holder" is defined as the natural person who is assigned to an e-mail address by an Internet access provider, on-line 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.
Participants agree (a) that Leapfrog its parent, subsidiaries and affiliated companies, advertising and promotion agencies, and all of their respective officers, directors, employees, representatives and agents will have no liability whatsoever for, and shall be held harmless by participants against any liability for any injuries, losses or damages of any kind to person(s), including death, or property resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of any prize or participation in this Sweepstakes or any Sweepstakes-related activity, or for any typographical or other error in the printing, offering or announcement of any prize.
IN NO EVENT WILL SPONSOR, PROMOTION ADMINISTRATOR, OR SWEEPSTAKES ENTITIES, OR THEIR PARENT, AFFILIATES, SUBSIDIARIES, AND RELATED COMPANIES, THEIR RESPECTIVE ADVERTISING OR PROMOTION AGENCIES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS, BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO AND USE OF THE PROMOTION INTERNET SITE OR THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM SAID SITE. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE SITE 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 CONSQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
Privacy Policy: Personal information submitted when registering by Internet will be subject to the Privacy Policy on the Website. To review that policy access the flypentop.com website and click on the "Privacy Policy" link
Winners List: You may view a complete list of all prize winners at the FLY™ Pentop website which will be posted at the end of the promotion period until November 15, 2006.
Sponsor: LeapFrog Enterprises, Inc., 6401 Hollis St., Suite 100,
Emeryville, CA 94608
Promotion Administrator: EVB, Inc., 1596 Howard Street, San Francisco, CA 94103.
