Participation in GSDbyDesign.com's general Refer-a-Friend program enrolls the entrant in the GSDbyDesign.com Refer-a-Friend Holiday Contest (the “Contest”) and constitutes the entrant's full and unconditional agreement to and acceptance of these Official Rules. The Contest begins on December 1, 2007 at 12:00 a.m. Eastern Time ("EST") and ends on February 14, 2008 at 5:00 p.m. EST (the "Promotion Period"). The Contest is sponsored by and the prize provided by GSDbyDesign.com, a New Hampshire corporation with offices at 627 Battle Street, Webster, New Hampshire 03303 (“GSDbyDesign.com”). GSDbyDesign.com's computer system is the official time-keeping device for the Contest.
(1) Eligibility:
THE CONTEST IS OFFERED AND OPEN ONLY TO (I) PAYING
GSDbyDesign.com ACCOUNT HOLDERS IN GOOD STANDING AT
THE TIME OF ENTRY; PROVIDED THAT NO ENTRANTS WHO ARE ENGAGED IN THE BUSINESS OF
DEVELOPING, PROMOTING OR DISTRIBUTING ANY INTERNET-BASED-GSD ADVERTISING OR
SERVICES MAY PARTICIPATE, AND (II) LEGAL RESIDENTS OF THE UNITED STATES OF
AMERICA FOR THE DURATION OF THE CONTEST. ANY NATURAL PERSONS PARTICIPATING IN
THE CONTEST MUST BE AGE 18 OR OLDER AS OF THE DATE OF ENTRY. Employees,
independent contractors, officers, and directors of GSDbyDesign.com, or their
respective affiliates and/or subsidiaries, GSDbyDesign.com's business partners,
advertising, promotion and fulfillment agencies, public accounting firms and
legal advisors, and the immediate family members and persons living in the same
household of such persons (“Sponsor Group”), are not eligible to participate in
the Contest. The Contest is void where prohibited by law.
(2) How to Enter:
To enter, entrants must visit
http://www.gsdbydesign.com and click on the
Refer A Friend email
button. The entrant must then choose to participate in the
GSDbyDesign.com Refer-a-Friend program and comply with the Referral Program
Terms and Conditions in their entirety. The Referral Program Terms and
Conditions are posted on the GSDbyDesign.com web site at
http://www.gsdbydesign.com/referral_terms.htm are specifically incorporated
herein and govern any customer referrals under this Contest. Failure to comply
with the Referral Program Terms and Conditions will disqualify an entrant from
participating in the Contest. There is no charge for an entry. All customer
referrals made under the Refer-a-Friend program are the property of
GSDbyDesign.com and GSDbyDesign.com reserves the right to contact referred
customers at its discretion.
(3) Selection of Winner(s):
The top two (2) entrants who refer the most new paying GSDbyDesign.com customers
through the Refer-a-Friend Program during the Promotion Period will be declared
Contest winners. Only “Eligible Referred Customers” will be considered for the
Contest and counted in the total customer referrals. In order to be considered
an Eligible Referred Customer for purposes of the Contest, a referred customer
must (i) be referred by entrant through the GSDbyDesign.com Refer-a-Friend
program, (ii) be referred by entrant during the Promotion Period, (iii) become a
customer during the Promotion Period, and (iv) become a GSDbyDesign.com paying
customer during the Promotion Period (i.e., a paying customer is a customer who
has fully paid for the first month of service). In the event of a tie among
entrants, winners among tied entrants will be chosen by aggregating the contact
lists of all Eligible Referred Customers as of January 31, 2008 (the “Tabulation
Date”). The tied entrant with the largest contact lists among all of their
Eligible Referred Customers as of the Tabulation Date will be declared the
winner of the tie. In no event will there be more than two (2) Contest winners.
All decisions by GSDbyDesign.com in regard to this Contest are final and binding
in all respects. Winner(s) will be notified via email.
(4) Prize:
The two (2) Contest winners will receive free GSDbyDesign.com advertising for a
full year. The free GSDbyDesign.com advertising is limited to $3,000 in free
ads. Accounts that exceed this level will be charged GSDbyDesign.com's then
current fees. GSDbyDesign.com professional services fees are not included in the
prize offered under the Contest and Contest winners will be invoiced for all
professional services fees incurred by them. All Contest winners must comply
with the GSDbyDesign.com Web Site and Product Terms and Conditions of Use. The
GSDbyDesign.com Web Site and Product Terms and Conditions of Use are posted on
the GSDbyDesign.com web site at
http://www.gsdbydesign.com/User Agreement.htm. If at any time a Contest
winner’s GSDbyDesign.com account is terminated for failure to comply with the
GSDbyDesign.com Web Site and Product Terms and Conditions of Use or for any
other reason, the entrant will be disqualified and the prize offered hereunder
will be canceled. This prize has no retail value. No alternative prize, cash
equivalent, or other substitution is permitted. An entrant has no other rights
with respect to any benefits GSDbyDesign.com derives from the Contest, including
any interest in the relationship between the referred customer and
GSDbyDesign.com, including any “finder’s” or similar fees, except as otherwise
provided in the Referral Program Terms and Conditions. Prizes are
nontransferable and non-assignable. All federal, state and/or local taxes, and
other expenses associated with the acceptance and use of any prize are the sole
responsibility of the winner.
THE PRIZE IS PROVIDED “AS IS”, AND GSDbyDesign.com DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED WITH RESPECT THERETO.
(5) Claiming Prize:
In order to claim the prize, the winners may be required to complete an
affidavit or declaration of eligibility, liability and publicity release, which
must be signed and returned so that it is received within seven (7) days of the
date printed on the notification or an alternate winner may be selected by
GSDbyDesign.com. GSDbyDesign.com is not responsible for and shall not be liable
for late, lost, misdirected, or unsuccessful efforts to notify winners.
(6) Conduct:
By entering this Contest, an entrant agrees to be bound by these Official Rules.
The Official Rules will be posted at the Contest page on the GSDbyDesign.com web
site throughout the Contest. All entrants agree to comply with any applicable
federal, state and local laws or GSDbyDesign.com policies. GSDbyDesign.com
reserves the right at its discretion to disqualify any individual it finds to be
tampering with the entry process or the operation of the website; to be acting
in violation of the Official Rules; to be acting in a disruptive manner, or with
intent to annoy, abuse, threaten or harass any other person; or to be violating
any applicable federal, state and local laws or GSDbyDesign.com policies.
CAUTION: ANY ATTEMPT BY ENTRANT OR ANY OTHER INDIVIDUAL TO UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, GSDbyDesign.com RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH ENTRANT TO THE FULLEST EXTENT PERMITTED BY LAW.
(7) General Terms and Conditions:
By participating, entrants agree that the Sponsor Group members are not
responsible or liable for, and shall be released and held harmless from: (i)
telephone, electronic, hardware or software program, network, Internet, any
technical, computer malfunctions, failures, or difficulties, or human error, of
any kind; (ii) any condition caused by events beyond the control of
GSDbyDesign.com that may cause the Contest to be disrupted or corrupted,
including theft, destruction or alteration of entries or website tampering;
(iii) any printing or typographical errors in any materials associated with the
Contest; and (iv) any and all losses, damages, rights, claims and actions of any
kind in connection with or resulting from participation in the Contest,
acceptance, possession, or use of any prize, including without limitation,
personal injury, death, and property damage, and claims based on publicity
rights, misrepresentation, defamation, or invasion of privacy. GSDbyDesign.com
reserves the right, in its sole discretion, to suspend or cancel the Contest at
any time.
(8) Disputes:
Except where prohibited, entrant agrees that: (1) any and all disputes, claims
and causes of action arising out of or connected with this Contest or any prize
awarded shall be resolved individually, without resort to any form of class
action, and exclusively by the United States District Court for the District of
New Hampshire or the appropriate New Hampshire State Court located in Merrimack
County, New Hampshire U.S.A.; (2) any and all claims, judgments and awards shall
be limited to actual out-of-pocket costs incurred, including costs associated
with entering this Contest, but in no event attorneys’ fees; and (3) under no
circumstances will entrant be permitted to obtain awards for, and entrant hereby
waives all rights to claim, indirect, punitive, incidental and consequential
damages and any other damages, other than for actual out-of-pocket expenses, and
any and all rights to have damages multiplied or otherwise increased. All issues
and questions concerning the construction, validity, interpretation and
enforceability of these Official Rules, or the rights and obligations of the
entrant and GSDbyDesign.com in connection with the Contest, shall be governed
by, and construed in accordance with, the laws of the State of New Hampshire,
U.S.A. without giving effect to any choice of law or conflict of law rules
(whether of the State of New Hampshire or any other jurisdiction), which would
cause the application of the laws of any jurisdiction other than the State of
New Hampshire.
(9) Winners List and Official Rules:
Copies of Official Rules may be printed from GSDbyDesign.com's
website.
(10) Privacy Policy:
Constant Contact will treat all information provided by you when entering the
Contest according to our Privacy Policy posted at
http://www.gsdbydesign.com/Privacy%20Policy.htm.
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