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1. THE VISUALIZE ME CONTEST
a. Contest begins at 12:00:00 am Eastern Time (“ET”) on September 20, 2016 and ends at 12:00:00 pm ET on October 5, 2016. (Contest Period”).
b. The Contest is based on creating a visual story of your life, career, or company history using Visme. Go to www.visme.co for on-screen instructions. Then, Create Your Design, Share Online with friends, family and co-workers, and then your design is entered in the Contest. All designs submitted shall be created specifically for this Contest.
c. Limit one entry per person and per e-mail address.
d. The Sponsor of this Contest is Easy WebContent Inc., 7361 Calhoun Place Suite 650 Rockville, MD 20855 (the “Company”).
a. Open to all persons 18 years of age and older. Void where prohibited or restricted by law, including the State of Rhode Island.
b. Entrants must have valid e-mail address and Entrant must update the Company of any changes in their e-mail address.
c. Employees of the Company, its parents, affiliates and subsidiaries, participating advertising and Contest agencies, and prize suppliers and members of their immediate family and/or those living in the same of household of each such employee are not eligible.
a. All Entries must be submitted electronically according to the Contest requirements.
b. All Entries remain the property of the Entrant.
c. Proof of submission does not constitute proof of receipt.
d. Entrants may enter one (1) unique design that was specifically designed for this Contest and has not been used commercially.
e. All Entrants grant the Company the right to display their Entries on the Visme website and other Company websites and social media platforms.
f. Entrant warrants and represents that they own all rights to the Entry, their Entry is the original work of the Entrant, does not contain any third party designs, does not infringe any third party’s rights, complies with all laws and regulations, and does not contain defamatory statements, or invade privacy, publicity or other rights of any third party. Entries containing prohibited or inappropriate content will be disqualified, as determined by the Company in its sole discretion.
g. Winning Entrants grant the Company and its agents and distributors the unconditional right, without compensation, to adapt, edit and/or modify an Entry, to publish and use the Entry in any and all media, without limitation, and the right to use the Entrants’ name, likeness and biography in association with the marketing of the Contest and Visme.
h. If there is a dispute as to the identity of an online entrant, the prize will be awarded to the authorized account holder of the email address.
i. By submitting an Entry, Entrant agrees to the Visme website Terms and Conditions of Use.
j. The odds of winning depend on the number of eligible entries which at this point is unknown by the Company so the odds of winning cannot be predicted.
4. WINNER SELECTION
a. The top 25 designs voted on through social media will enter the final round, in which five judges selected by the Company in its sole discretion will determine the winners.
b. The Judges decisions are final.
c. Winners will have to provide affidavits of eligibility of age that they are at least 18 years old, and may have to sign liability and/or publicity releases at the Company’s request.
a. First Place: $2,000.00 cash, one year of Visme Premium, one year Iconfinder Unlimited, and will be featured on the Visme Visual Learning Center.
b. Second Place: New GoPro Hero4, 1 Year Iconfinder Starter and one year of Visme Premium. GoPro is not a participant in or sponsor of this promotion.
c. Third Place: one year of Visme Premium and 1 Year Iconfinder Starter.
d. The design that receives the most votes: 1 Year Visme Premium, and 1 year Iconfinder Starer
e. Other than the manufacturers warranties, each prize is awarded “as is” with no express or implied warranty or guarantee. No transfer, assignment or substitution of a prize permitted.
f. All federal, state, provincial and local laws and regulations apply, and Entrant shall be responsible for the payment of all applicable taxes. Entrants agree to be bound by the terms of these Official Rules and by the decisions of the Company, which are final and binding on all matters pertaining to this Contest.
g. Winners may be required to sign documents relating to releases and rights of publicity. Failure to execute these documents may result in forfeiture of the prize.
6. WARRANTY DISCLAIMERS
a. PRIZES AND INFORMATION ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND TO THE FULLEST EXTENT PERMITTED BY LAW THE COMPANY DISCLAIMS ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, ACCURACY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT, ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OR TRADE.
b. THE COMPANY HAS NO FIDUCIARY OBLIGATIONS AND SHALL NOT BE RESPONSIBLE OR LIABLE FOR SUCH OCCURRENCES AS THE WEBSITE NOT OPERATING ERROR-FREE OR OPERATING WITH COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS, YOUR INABILITY TO USE THE WEBSITE, DELAYS OR DISRUPTIONS, DAMAGE TO YOUR EQUIPMENT OR DATA, YOUR RELIANCE ON THE COMMUNICATIONS, THE LOSS, INTERCEPTION OR ALTERATION OF ANY TRANSMISSIONS OVER THE INTERNET, OR THE LOSS OR INADVERTENT RELEASE OF THE COMMUNICATIONS, INFORMATION OR MATERIALS.
7. LIMITATION OF LIABILITY
a. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, ENTRANT UNDERSTANDS AND AGREES THAT NEITHER THE COMPANY NOR ITS SUBSIDIARIES, AFFILIATES, NOR THEIR RESPECTIVE PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS OR AGENTS SHALL BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF BUSINESS OPPORTUNITIES, LOSS OF GOODWILL RESULTING FROM YOUR USE OF THE WEBSITE, INABILITY TO USE THE SERVICES, ISSUES RELATING TO SUBMISSION OF THE ENTRY, OR FROM ANY ACTIONS THE COMPANY TAKES OR FAILS TO TAKE EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF THE LIMITED REMEDIES PROVIDED HEREIN FAIL THEIR ESSENTIAL PURPOSE.
b. THIS LIMITATION APPLIES TO ANY LIABILITY ARISING FROM ANY CAUSE OF ACTION WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICES, REGARDLESS OF WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF A CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHER LEGAL THEORY. COMPANY’S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH ENTRANTS’ PARTICIPATION OR ATTEMPTED PARTICIPATION IN THE CONTEST, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED FIFTY DOLLARS.
ENTRANT AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE COMPANY, ITS SUBSIDIARIES AND AFFILIATES, AND THEIR RESPECTIVE PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS OR AGENTS, HARMLESS FROM AND AGAINST ANY LOSS, LIABILITY, CLAIM, ACTION, OR DEMAND, INCLUDING WITHOUT LIMITATION REASONABLE LEGAL AND ACCOUNTING FEES, ALLEGING OR RESULTING FROM (I) ENTRANT’S USE OF THE WEBSITE AND CONTEST SUBMISSION; (II) ANY INFORMATION PROVIDED, (III) OR BREACH OF THE WARRANTIES AND REPRESENTATIONS RELATING TO INTELLECTUAL PROPERTY. THE COMPANY SHALL PROVIDE NOTICE PROMPTLY OF ANY SUCH CLAIM OR PROCEEDING AND MAY ASSIST AT ENTRANT’S EXPENSE IN DEFENDING ANY SUCH CLAIM OR PROCEEDING. THE COMPANY RESERVES THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO IMMEDIATE INDEMNIFICATION BY YOU.
9. JURISDICTION/CHOICE OF LAW
a. All disputes arising out of or connected with the Contest shall be resolved individually by to final and binding arbitration before a single arbitrator in Montgomery County, Maryland according to the Rules and Regulations of the American Arbitration Association. The decision of the arbitrator shall be binding on the parties and may be entered in any court with appropriate jurisdiction.
b. Each party shall be responsible for its share of the arbitration fees. In the event a party fails to proceed with arbitration, unsuccessfully challenges the arbitrator’s award, or fails to comply with the arbitrator’s award, the other party will be entitled to costs of suit, including a reasonable attorney’s fees.
c. The laws of the State of Maryland shall apply without reference to the conflict of laws provisions.
10. STANDARD PROVISIONS
a. This Agreement represents the entire understanding between the parties and supersedes any contracts, agreements or understanding (oral or written) of the parties with respect to the subject matter hereof.
b. The Company may modify the Contest Rules at any time in its sole discretion.
c. Failure by either party to insist upon strict compliance with any term of these Rules shall not be deemed to be a waiver of its rights to insist upon such strict compliance with respect to any subsequent failure.
d. If any body of competent jurisdiction declares any terms of these Rules invalid or unenforceable, the remaining terms will continue in full force and effect.
e. Entrant shall have no right to assign or transfer its rights or obligations under these Rules, in whole or in part.
f. Headings are for convenience of reference only and shall not affect interpretation of the Agreement.