WeatherBug API Excellence Contest
NO PURCHASE NECESSARY. VOID WHERE PROHIBITED.
FOR PERSONS WHO ENTER THE PROMOTION, THESE RULES GOVERN ALL ASPECTS OF PARTICIPATION
AND PRIZE AWARD.
- 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
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- Data Collection. Sponsor shall collect personally identifiable information from
entrants when they enter the promotion. The information collected is subject to