NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW.
1. Overview: PURL Contest (“Contest”), sponsored American Spirit Technology Group (“ASTG”) d/b/a LiveEdit (“Sponsors”), is designed to offer PURL-invited Kickstart trial participants a chance to win a prize. Two (2) eligible entrants will be selected to receive the prize based on a random selection process. By entering this Contest, or accepting a prize, you agree to comply with and be bound by these Official Rules (the “Official Rules”).
2. Eligibility: To enter the Contest, You must be at least 18 years old, have reached the age of majority in Your jurisdiction of residence at the time of entry, be a PURL-invited Kickstart trial participant who has an active LiveEdit Platform website account, and be in good standing with ASTG at the time of entry. Other than the excluded states listed below, the Contest is open to legal residents of the 50 United States and the District of Columbia. Void in Arizona, Iowa, Louisiana, Guam, Puerto Rico, the U.S. Virgin Islands, and other U.S. territories and possessions and where prohibited by law. Employees and their immediate family members (parents, children, siblings or spouse, regardless of where they live, or persons living in the same household, whether related or not) of Sponsors, their affiliates, divisions or subsidiaries, Sponsors’ contractors, distributors, sales representatives, retailers, advertising and promotion agencies, or any other entity that is engaged in the development, production, execution, administration or distribution of the Contest are not eligible. Eligibility is subject to verification. The Contest is subject to all applicable federal, state and local laws and regulations, including tax laws. Winning a prize is contingent upon fulfilling all requirements set forth herein. Odds of winning depend on number and quality of eligible entries received. THIS CONTEST IS VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
3. Entry Period: Contest runs from June 17, 2016 at 12:00 a.m. Eastern Time (“ET”) through June 30, 2016 at 11:59 p.m. ET (“Entry Period”). Sponsors shall be the official timekeeper for the Contest. Late entries will not be considered.
4. How to Enter: To enter, use the link on the invitation email provided by the Sponsors and sign up for a free Kickstart trial and then complete the entry form at http://mbo.liveeditaurora.com/purl-contest. Provide all entry information required at that page, which may include your name, valid e-mail address, and the URL of your Kickstart website (“Website”) (the Website, together with your other entry information, shall be referred to as an “Entry”). Only websites submitted via the Entry within the Entry Period will be eligible for the Contest. Each person making a submission (“Entrant”) must be the primary accountholder of the LiveEdit Platform Website being submitted.
One entry per person; one prize per person. The use of any means to automate or interfere with the entry process or the Contest is prohibited, and may result in disqualification. Multiple Entrants may not enter using the same email address. Any attempt to tamper with the entry or selection process or to obtain multiple entries is prohibited.
5. Prize: There will be up to two (2) prizes, one consisting of the opportunity to have a Website built according to the "do-it-for-me" package by the Sponsor as it is described here: http://mbo.liveeditaurora.com/purl---package-pricing
and http://liveeditplatform.com/statement-of-work, or one iPad Mini 2 with the specifications described here: http://www.apple.com/shop/product/ME276LL/A/16gb-space-gray-wifi, and are at Sponsors’ sole discretion. There is no monetary value associated with the prize. Prize is non-transferable, and no substitution, exchange or cash redemption of prize will be permitted. Sponsors reserve the right to substitute a prize of equal or greater value. Prize must be accepted “as is,” and no warranties or guarantees of any kind, including but not limited to warranties of fitness for a particular purpose, will be provided. All federal, state and/or local taxes, fees, and surcharges, if any, are the sole responsibility of the prize winner.
6. Website Requirements. The Website must be based on the website templates offered on the LiveEdit Platform and include your unique customization of those templates.
Website may not include any content (images, music, etc.) that constitutes copyright infringement or otherwise infringes or violates the privacy, publicity or other rights of any person. Entrant must have signed permission from all individuals (parents/legal guardian of minor children, if featured and if not your own) that appear in the Website to use their image and to grant the rights set forth herein. If requested by Sponsors, Entrant must be able to provide such permissions, and any other third-party consents or licenses required under these Official Rules, in a form acceptable to Sponsors. Any use or depiction of the trademarks must not alter those marks in any way, including but not limited to any applicable font, stylization, graphics, or colors. All Entries received that are duplicated, tampered with, incorrect, illegible, unidentifiable, distorted, blurred, incomplete, or from ineligible Entrants will be void and/or disqualified.
Website must not, in the sole and unfettered discretion of Sponsors, (i) contain nudity, obscene, defamatory, sexually explicit, or otherwise objectionable or inappropriate content, (ii) promote bigotry, racism, hatred, harm or discrimination against any group or individual, (iii) contain material that is unlawful, in violation of or contrary to any applicable laws, rules or regulations; (iv) be offensive, defamatory, demeaning to, or negatively portray Sponsors or any other party’s reputation or goodwill; (v) promote alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing); (vi) appear to duplicate any other submitted entries or contain any personal information of any person such as full names or contact information; (vii) depict or otherwise suggest improper use or unsafe practices of Sponsors’ products or services. Without limiting any other available remedies, Sponsors reserve the right in their sole discretion to disqualify any such Websites from the Contest.
7. Entrant’s Representations and Warranties. By entering the Contest, you represent and warrant that your Website complies with the Official Rules and that:
You own or have the necessary licenses, rights, consents, and permissions to reproduce, distribute and publicly perform any and all works of authorship or other content, including images or likenesses of any person, contained in your Website, and you have the right under all trademark, copyright or other proprietary rights laws to grant to Sponsors the licenses described in these Official Rules;
At the time of entry or any time thereafter, your Website does not contravene any contractual, legal or other obligation to any person or entity;
At the time of entry or any time thereafter, your Website does not infringe the copyrights, trademarks, moral rights, rights of privacy/publicity or intellectual property rights of any person or entity, and no other party has any right, title, claim, or interest in the Website, except persons who have licensed, consented or otherwise granted permission to you to grant to Sponsors the licenses described in these Official Rules;
Your Website does not contain any pornographic, obscene, racist, or defamatory materials or materials that would be deemed offensive to a person of reasonable sensibilities;
Use of the Website by Sponsors, as contemplated by these Official Rules, will not infringe any copyrights, rights of publicity, rights of privacy, or any other rights of any person, living or dead;
Your Website is not subject to any prior agreements that would limit the scope of the permission granted to Sponsors under these Official Rules;
You have complied with all relevant laws, rules and regulations in the production of your Website and your Website complies with all such laws, rules and regulations; and
Your Website has not been entered into any other contest or won any other award.
Sponsors reserve the right, in their sole and absolute discretion, not to post or to remove, and disqualify and/or retract its endorsement of any Website that it believes violates these Official Rules, the law, or the rights of any person or is otherwise inappropriate for a Contest of this nature.
8. Winner Selection: Up to two (2) Websites from among the eligible Websites received during the Entry Period will be selected to receive a prize. Websites will be randomly selected.
Decisions of Sponsors shall be final and binding in all respects.
9. Notification of Winners: The Entrants who submitted the winning Websites (“Winners”) will be notified via email at the email address provided with their Entry or by other method chosen by Sponsors. Except where prohibited by law, each Winner may be required to complete prize acceptance documentation including an affidavit of eligibility, a liability release, third party consents/licenses and, where lawful, a publicity release within the time specified by Sponsors. If winner notification or prize delivery is returned as undeliverable, or a potential winner fails to return any required documents or releases within the specified time, the prize will be forfeited and Sponsors may select another winner from the remaining eligible entries. Sponsors are not responsible for undeliverable prize notifications due to change in Winner’s email address or any other reason. If a potential Winner is disqualified for any reason, Sponsors may award the prize to an alternate Winner from among all remaining eligible Entrants.
10. Entrant’s Grant of License: By entering your Website in the Contest, you grant to Sponsors and their agents a perpetual, non-exclusive, worldwide, royalty-free license to reproduce, store, distribute and publicly display the Website, its URL, and/or portions thereof, and to create derivative works of the Website for the purposes of administering and fulfilling the Contest and any prize that you may receive, including but not limited to the right to display and promote the Website and URL, and to publish and use excerpts, screenshots or abstracts from the Website, in any and all media for any purpose, without further permission, review, notice, approval or compensation.
11. General: Sponsors reserve the right to cancel, suspend and/or modify the Contest, or any part thereof, or to modify these Official Rules, for any reason at any time, including if any fraud, technical failures or any other factor beyond Sponsors’ reasonable control threatens to impair the administration, integrity, legality, fairness or proper functioning of the Contest, as determined by Sponsors in their sole discretion. Sponsors reserve the right in their sole discretion to disqualify any Entrant who is suspected or found to be tampering with the entry process or the operation of the Contest or to be acting in violation of these Official Rules or any law. Entrant agrees to defend and indemnify Sponsors for any claims, losses, or damages of any kind that may be caused by Entrant’s violation of these Official Rules. Incorrect, illegible, corrupt, and incomplete entries are void. Use of a false email or identity will disqualify an Entry. For purposes of awarding the prize, Sponsors are entitled to rely on information received through the entry form that submitted the winning Entry. By participating, each Entrant agrees to comply with, and be bound by, these Official Rules and the decisions of Sponsors (including but not limited to eligibility and winner determinations) and waives any right to claim ambiguity in the Contest or Official Rules. Sponsors’ failure to enforce any term of these Rules shall not constitute a waiver of that or any other provision.
12. Publicity: Except where prohibited by law, participation in this Contest constitutes each Entrant’s consent to Sponsors’ and their agents’ use of Entrant’s name, image, likeness, photograph, voice, opinions, statements, biographical information, Website and excerpts, and/or Entrant’s hometown and state for advertising, and promotional purposes in any media, worldwide, without further payment or consideration, in perpetuity, without notice or review or approval. Tennessee residents will not be required to agree to a publicity release as a condition of winning a prize.
13. Privacy: Entrants agree and acknowledge that personal data submitted with an entry, including name, mailing address, email address, and telephone number may be collected, processed, stored and otherwise used by Sponsors and their affiliates for the purposes of conducting and administering the Contest and for marketing purposes. You may chose to opt out of receiving our marketing communications at any time by using the provided “Opt Out” or “Unsubscribe” link or contacting us at email@example.com.
14. General Disclaimer: Sponsors are not responsible for: (1) any incorrect or inaccurate information, whether caused by Entrant, Sponsors, or any printing or typographical errors or equipment or programming associated with or utilized in the Contest; (2) technical failures of any kind including, but not limited to, malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Contest; (4) technical or human error in the administration of the Contest or the processing of enrollments or Entries; (5) late, lost or undeliverable messages or Entries; or (6) any injury or damage to persons or property caused, directly or indirectly, in whole or in part, from Entrant’s participation in the Contest or any Contest-related activity, or the receipt, use or misuse of any prize.
15. Internet Disclaimer: Sponsors are not responsible for any malfunction of any entry form associated with the Contest or any late, lost, damaged, misdirected, incomplete, illegible, undeliverable, or destroyed Entries due to system errors, failed, incomplete, or garbled computer messages or other telecommunication transmission malfunctions, hardware or software failures of any kind, including lost or unavailable network connections, typographical or system/human errors and/or failures, technical malfunction(s) of any telephone network or lines, cable connections, satellite transmissions, servers or providers, or computer equipment, traffic, and/or congestion on the Internet or at any website associated with the Contest, including any other technological malfunction which may limit Entrant’s ability to enter or participate in the Contest.
16. Limitations of Liability, Indemnification and Release: By entering the Contest or accepting a prize, each Entrant agrees to release, discharge, indemnify, defend and hold harmless Sponsors and their officers, directors, employees, affiliates, representatives and agents, from and against any claims, damages, liabilities, losses or causes of action related in any way to the operation of or such Entrant’s participation in the Contest, or arising out of or relating to the use, promotion and/or sharing of Entrant’s Website, and any other claims, damages or liabilities, including without limitation any injuries, damages or losses to any person (including death) or property of any kind resulting, in whole or in part, directly or indirectly, from Entrant’s acceptance, possession, use or misuse of the prize or participation in the Contest or any Contest-related activity. Under no circumstances will any Entrant be permitted to obtain awards for, and Entrant hereby waives all rights to claim punitive, incidental, consequential, or any other damages, court costs, or attorney’s fees, other than actual out-of-pocket expense not to exceed fifty dollars ($50). If for any reason an Entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, Entrant’s sole remedy is another Entry in the Contest if available.
17. Arbitration: THE FOLLOWING TERMS TO WHICH YOU ARE CONSENTING CONSIST OF A BINDING ARBITRATION PROVISION AND A CLASS-ACTION WAIVER.
Except where prohibited by law, by entering the Contest, each Entrant agrees that in the event a dispute arises between Entrant and Sponsors, either arising from this Agreement or otherwise pertaining to the relationship between Entrant, on the one hand, and Sponsors, on the other hand, THE PARTIES SHALL SUBMIT TO BINDING ARBITRATION BEFORE THE AMERICAN ARBITRATION ASSOCIATION. ANY ARBITRATION COMMENCED BETWEEN THE PARTIES MUST BE FILED IN NEW YORK COUNTY, NEW YORK. ENTRANT UNDERSTANDS THAT CERTAIN LEGAL RIGHTS WILL BE FORFEITED, INCLUDING THE RIGHT TO SUE IN COURT, THE RIGHT TO A JURY TRIAL, AND THE RIGHT TO BRING, OR BE PART OF, A CLASS ACTION CASE. ARBITRATION MUST BE ON AN INDIVIDUAL BASIS. THIS MEANS NEITHER ENTRANT NOR SPONSORS MAY JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION WITH OR AGAINST OTHER ENTRANTS, OR LITIGATE IN COURT OR ARBITRATE ANY CLAIMS AS A REPRESENTATIVE OR MEMBER OF A CLASS. Entrant further agrees that, except for claims for indemnification by Sponsor under Section 16: (1) the arbitrator shall not be empowered to award punitive, incidental, consequential, or any other damages, court costs, or attorney’s fees, other than actual out-of-pocket expenses not to exceed fifty dollars ($50); (2) under no circumstances will any Entrant be permitted to obtain awards for, and each Entrant hereby waives all rights to claim punitive, incidental, consequential, or any other damages, court costs, or attorney’s fees, other than actual out-of-pocket expense not to exceed fifty dollars ($50); and (3) any and all claims, judgments, and awards shall be limited to such actual out-of-pocket costs incurred, including costs associated with entering the Contest, not to exceed fifty dollars ($50). Entrant expressly waives any right to claim or recover attorney’s fees or arbitration costs. All issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules, or the rights and obligations of any Entrant and Sponsors in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of Minnesota, without giving effect to any choice of law or conflict of law rules which would cause the application of the laws of any jurisdiction other than the State of Minnesota.
RULES FOR THE AMERICAN ARBITRATION ASSOCIATION ARE AVAILABLE AT: https://www.adr.org.
If Entrant needs to initiate an arbitration claim, Entrant must serve notice to Sponsors by regular and certified mail (return receipt requested) at the following address: American Spirit Technology Group, 14505 21st Ave. North, Suite #216, Plymouth, Minnesota 55447. If Sponsors need to initiate an arbitration claim, they shall notify Entrant at the address provided in the Contest opt-in notice or such other address Entrant has provided in writing to Sponsors.
18. Severability: In the event that any provision of these Official Rules is found to be invalid, illegal or otherwise unenforceable, such provision shall be severed, the remainder of these Official Rules shall continue in full force and effect, and any such unenforceable provision shall be reformed to provide the maximum protection to the Sponsors permissible under law.
19. Contest Results: For a list of Winners, send a self-addressed, stamped envelope to Winners List – American Spirit Technology Group, 14505 21st Ave. North, Suite #216, Plymouth, Minnesota 55447, within two months of the Contest.
20. General: By participating, each Entrant agrees to comply with, and be bound by, these Official Rules and the decisions of Sponsors (including but not limited to eligibility and winner determinations) and waives any right to claim ambiguity in the Contest or Official Rules.
21. Sponsors: American Spirit Technology Group d/b/a LiveEdit, 14505 21st Ave. North, Suite #216, Plymouth, Minnesota 55447.