WeatherBug API Excellence Contest

OFFICIAL RULES

NO PURCHASE NECESSARY. VOID WHERE PROHIBITED.

FOR PERSONS WHO ENTER THE PROMOTION, THESE RULES GOVERN ALL ASPECTS OF PARTICIPATION AND PRIZE AWARD.

  1. Introduction. There will be at least one (1) prize given away, but no more than five (5), at the discretion of WeatherBug ("Sponsor"), 12410 Milestone Center Drive, Germantown, MD 20876. At least one (1) winner will be awarded a prize based on the best use of the WeatherBug API as determined by a pool of WeatherBug judges.
  2. Timing. The WeatherBug API Excellence Contest (the "Promotion") will run on or about June 5, 2008 through on or about July 11, 2008 (the "Promotion Period"). Any entries received after the end of the Promotion Period will not be considered in the Promotion.
  3. Eligibility. The Promotion is open to those who have reached the age of majority in their respective jurisdictions. Employees, officers and directors of WeatherBug, as well as WeatherBug family members (defined as parents, spouses, children, siblings and grandparents) and household members of each such employee are prohibited. By participating, entrant agrees to abide by these Official Rules and the decisions of WeatherBug, which are final and binding in all respects.
  4. To Enter. Use the WeatherBug API to build an application of any type. The application must not include spyware. A pool of WeatherBug judges will select at least one (1), but no more than five (5), applications that they feel represent the best use of the WeatherBug API. The applicant will be awarded a prize. In the event of a dispute as to the identity of an online entrant, the authorized account holder of the email address used to enter will be deemed to be the entrant. Potential winners may be required to show proof of being the authorized account holder. The "authorized account holder" is the natural person assigned to an email address by an Internet service provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address.
  5. LIMIT. Applicants can enter as many times as they wish over the course of the contest.
    • Prize. At least one (1), but no more than five (5), 8GB Apple iPod Touch products will be awarded during the Promotion Period by Sponsor. Shipping and handling fees are included. Winner will be responsible for all taxes and charges not otherwise described above.
      All Prizes: Substitutions for prize may be granted by WeatherBug due to unavailability. The estimated retail value of each prize is approximately U.S. $299. Winner is solely responsible for all applicable taxes on the value of the prize, and will be issued an IRS 1099 tax form for the retail value of the prize. The prize may not be sold, traded, transferred or refunded. The prize is not redeemable for cash. WeatherBug, its respective parent, related, affiliated and subsidiary companies and its respective officers, directors agents, employees and assigns shall be released and discharged from any and all legal claims, losses, injuries, demands, damages, actions, and/or causes of actions that arise out of and/or in any way related to the prize, the receipt, use and/or enjoyment of the prize and/or the Promotion.
  6. Notification of Winner. WINNER WILL BE NOTIFIED BY EMAIL AND/OR PHONE. Winner will be notified twice and will have 3 business days to respond to the email notification from the Sponsor or by the due date set in the email notification, or they will forfeit the prize. Winner will need to fill out an Affidavit of Eligibility and Release, have it notarized and fax it back to the Sponsor with a photocopy of their active driver's license.
  7. Publicity. Except where prohibited, participation in the Promotion constitutes winner's consent to Sponsor's use of winner's name, likeness, voice, opinions, hometown, state/province and country for promotional purposes in any media without further payment or consideration. Winner's photo and quote may be used in promotions on WeatherBug online properties.
  8. General Conditions. Sponsor reserves the right, in its sole discretion, to cancel, modify or suspend the Promotion should virus, bugs, unauthorized human intervention, technical failures or any other factor beyond Sponsor's reasonable control corrupt the administration, security, fairness, integrity or proper operation of the Promotion. In such event, Sponsor reserves the right to award the prizes at random from among the eligible entries received up to the time of impairment. Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Promotion or to be acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately damage Sponsor's Web site or undermine the legitimate operation of this Promotion may be a violation of criminal and civil laws, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
  9. Release. By accepting any promotional prize, winner agrees that Sponsor, its respective parents, subsidiaries and affiliated companies, and the agents, employees, directors and officers of these companies (collectively the "Releases"), are not liable whatsoever for any injuries, losses or damages of any kind resulting in whole or in part, directly or indirectly, from the acceptance, possession, use or misuse of any prize or from winner's participation in the Promotion.
  10. Limitations of Liability. The Releases are not responsible for: (1) incorrect or inaccurate transcription of entry information or late or incomplete entries, all of which will be disqualified; (2) technical failures of any kind, including but not limited to the malfunctioning of any telephone, computer, network, hardware or software; (3) the unavailability or inaccessibility of any Web site or service; (4) unauthorized human intervention in any part of the entry process or the Promotion; (5) electronic or human error which may occur in the administration of the Promotion or the processing of entries; or (6) any injury or damage to persons or property, including but not limited to entrant's computer, which may be caused, directly or indirectly, in whole or in part, from entrant's participation in the Promotion or from downloading any material from Sponsor's Web site(s), regardless of whether the material was prepared by Sponsor or a third party, and regardless of whether the material is connected to Sponsor's Web site by a hypertext link.
  11. Disputes. Entrant agrees that: (1) any and all claims, judgments and awards shall be limited to actual out of pocket costs incurred, including costs associated with entering this Promotion but in no event attorneys' fees; and (2) under no circumstances will entrant be permitted to obtain awards for and entrant hereby waives all rights to claim 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. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All federal, state, provincial and local laws apply.
  12. Data Collection. Sponsor shall collect personally identifiable information from entrants when they enter the promotion. The information collected is subject to the privacy policy of WeatherBug and the Official Rules of this Promotion.