GenealogyPays.com Online Challenge — Official Rules
No purchase necessary to enter or win. Purchase of PixelAds will not enhance chances of winning.
1. Eligibility. Participation in the GenealogyPays.com (the "Company") "Trivia Puzzle Online Challenge" (the "Contest") is open to any person age eighteen (18) or older. Owners, employees or family members of the Company, its sub-contractors and Web hosting service are not eligible to participate in the Contest. The Contest is subject to all federal, state, and local laws and regulations.
Void in the Province of Quebec, Canada and where restricted or prohibited by law.
2. How To Enter: NO PURCHASE OF ANY KIND IS NECESSARY TO ENTER OR WIN. Go to www.GenealogyPays.com and follow the links and instructions for online registration which is required. Using the links provided on the Web site, view the Trivia Puzzle to determine the question being asked and to formulate your contest entry. Entries should be submitted using the 'Solve our Trivia Puzzle' online link on our Web site or may be submitted via postal mail to GenealogyPays.com Online Challenge, c/o Mattatuck Consulting, LLC., 163 Beechwood Avenue, Trumbull CT 06611-1657, United States of America. The Contest begins on July 01, 2007, and ends as soon as a winning entry is received and verified as correct on or before June 30, 2008. The first winning entry to be received and verified as eligible will be deemed the sole winning entry. The date and time stamp of entries received online will be used to determine order of receipt. Entries received via postal mail will be deemed to have been received at 5:00 p.m. (U.S. Eastern Time) on the day of their physical receipt. If no winning entry is received between 12:00 a.m. (U.S. Eastern Time) July 01, 2007 and 11:59 p.m. (U.S. Eastern Time) June 30, 2008 (the "Contest Period"), the contest will be concluded and no prize awarded. See details under Section 5. Prizes for additional detail. Entries sent by postal mail must be postmarked by the last day of the Contest Period and received no later than July 31, 2008.
3. Sponsor: The sponsor of this Contest is Mattatuck Consulting, LLC. d/b/a GenealogyPays.com, 163 Beechwood Avenue, Trumbull CT 06611-1657, United States of America (the "Sponsor").
4. Agreement to Official Rules: By participating in this Contest, each entrant fully and unconditionally agrees to and accepts these Official Rules and the decisions of the Sponsor. All decisions will be made in the Sponsors' sole discretion and will be final and binding. If an entrant violates or fails to follow any of these Official Rules, that entrant may be disqualified. The Sponsor may modify these Official Rules at any time and all such modifications will be binding.
5. Prizes: Prizes will only be awarded in the event that a winning entry is received during the contest period from an eligible contestant as described herein. Prizes allocated for the Contest, but not awarded will be reallocated to a future contest of a similar nature at GenealogyPays.com. The individual submitting the first correct and qualified entry will be designated as having submitted the winning entry (the "Winning Entrant").
Winning Entrant: The winning entrant will receive a cash award, payable in U.S. dollars or certified bank check drawn on a U.S. bank, in an amount not to exceed fifteen thousand dollars ($15,000.00). The final amount will be the lesser of $15,000 USD or an amount calculated at five and one-half percent (5.5%) of total net advertising receipts realized by Sponsor during the Contest Period. The Winning Entrant will also be entitled to specify a legally incorporated, nonprofit, genealogy or history society (the "Qualified Society") to receive a cash award equal to that being paid to the Winning Entrant (the "Matching Award"). This Matching Award will be paid by the Sponsor directly to the Qualified Society. The Winning Entrant is to receive no direct or indirect benefit, financial or otherwise, in connection with this Matching Award.
Qualified Society: A Qualified Society is one which is legally incorporated, holds a nonprofit status, and is generally recognized as contributing in some way to the interests of family historians in one or more markets anywhere throughout the world. To be eligible, the organization must be registered on the GenealogyPays.com 'Societies' listing on or before the date that the winning entry is submitted. The Sponsor reserves the right, in its sole discretion, to reject payment to any organization for any reason whatsoever or for no reason. In this instance, the Winning Entrant will be asked to name an alternative and this process will continue until all prizes have been distributed.
All potential winning entries are subject to verification by Sponsor. Sponsor's decisions are final and binding in all matters related to the Contest.
ALL TAXES, FEES AND ANY INCIDENTALS AND OTHER EXPENSES NOT SPECIFIED HEREIN ASSOCIATED WITH A PRIZE AND ITS RECEIPT, INCLUDING WITHOUT LIMITATION, INCOME TAXES, ARE THE SOLE RESPONSIBILITY OF THE RECIPIENTS.
6. Verification of Winning Entries: Winning Entries will be verified by one or more individuals employed by the Sponsor. The solution to the Online Challenge will be retained in a sealed envelope, dated and postmarked prior to the start of the Contest Period. This will serve as the sole correct answer and only those entries received and matching this solution exactly will be considered correct. All other entries will be discarded.
All decisions of the Sponsor will be made in their sole discretion and are final. The Sponsor will make reasonable efforts to contact the potential Winning Entrant by email and postal mail. If a potential Winning Entrant does not respond to the contact attempt within ten (10) business days or if that person declines the prize, the Sponsor will determine another Winning Entrant based on the next earliest receipt of a correct entry. The process will continue until a Winning Entrant has been qualified and confirmed. The Winning Entrant will be required to confirm eligibility. In order to accept the prize, the potential Winning Entrant is required to sign and return certain documents, including an official release form, within five (5) days of receipt.
An entrant identified as a Winning Entrant has not won the Contest unless and until: (i) entrant's eligibility has been verified; (ii) entrant has signed and returned all releases, forms, and agreements related to entrant's participation in the Contest; and (iii) entrant has been notified that verification is complete and all required releases, forms, and agreements have been signed and returned to the Sponsor.
7. Publicity: Except where prohibited by law, participation in the Contest constitutes each entrant's consent to Sponsor's use of the entrant's name, age, hometown, and state for administrative, promotional, and commercial purposes related to the Contest in any media now known or later developed, in perpetuity, without further payment or consideration. In addition, the Winning Entrant will be required to execute a publicity release entitling the Sponsor to use their name, age, hometown, and state for promotional, commercial or other purposes in any media now known or later developed, in perpetuity, without payment or consideration, except to the extent prohibited by law.
8. Release and Indemnification: Each entrant hereby releases any claim against, agrees to hold harmless, and agrees to defend and indemnify the Sponsor and its employees, officers, agents, representatives and directors, and all others connected with the Contest, from any and all liabilities, claims, actions, damages, harm, injury, expenses, and losses (including, without limitation, attorneys' fees) of any kind or nature whatsoever in any way caused by or arising out of entrant's participation in the Contest, including without limitation, the possession, acceptance and/or use or misuse of any prize or participation in any Contest-related activity, or any claims, including third party claims, based on publicity rights, defamation, invasion of privacy, copyright law, trademark law, patent, or merchandise delivery. The Sponsor disclaims all liability for the inability of a participant to complete or continue an entry due to equipment malfunction, busy lines, inadvertent disconnections, acts beyond the their control, or otherwise, or for entries received late due to technical difficulties or transmission errors. The Sponsor further disclaim all liability for any delays, misdelivery, loss, or failure in the delivery of any item sent by mail, courier, or other delivery method. The Sponsor is not responsible for mechanical, technical, electronic, communications, telephone, computer, hardware, or software errors, malfunctions or failures of any kind, including, without limitation, traffic congestion on telephone lines, the Internet or at any website or lost or unavailable network connection which may limit an entrant's ability to participate in the Contest, and any injury or damage to entrant's computer related to or resulting from participating in or downloading any information necessary to participate in the Contest.
9. General Conditions: Sponsor reserves the right to cancel or modify the Contest if any cause beyond the reasonable control of the Sponsor impairs the integrity, security or proper administration of the Contest, as determined by Sponsor in its sole discretion. In such event, Sponsor reserves the right to award the prizes from among the eligible entries received up to the time of the impairment. Sponsor reserves the right in its sole discretion to disqualify any entrant it finds to be tampering with the entry process or the operation of the Contest or to be acting in violation of these Official Rules. Any attempt by any person to deliberately damage any website or undermine the legitimate operation of the Contest is a violation of criminal and civil law, 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.
10. Privacy: The Sponsor collects personal data from entrants when they register to participate in this Contest. Information collected from an entrant will be used for the purposes of: (i) administering the Contest, such as to notify a potential Finalist; (ii) publicizing the Contest, such as posting entries on a website; and (iii) other promotional purposes that benefit the Sponsor.
11. Limitations of liability: In no event shall the Sponsor or its respective officers, directors, employees, or agents (collectively, the "Parties") be liable for: (i) entries not received due to or ineligible because of incomplete, unclear, indecipherable or inaccurate information; (ii) any failure of the website or features on the website during the Contest Period; (iii) unauthorized human intervention in any part of the entry process or the Contest; (iv) electronic or human error which may occur in the administration of the Contest or the processing of entries; or (v) any injury, loss, claim, damage, or special, punitive, indirect, incidental or consequential damages of any kind (including, but not limited to, lost profits or lost savings), whether based in contract, tort, strict liability or otherwise, to persons or property, including, but not limited to, entrant's computer, hardware or software, which may be caused, directly or indirectly, in whole or in part, from entrant's participation in the Contest or that arise out of or are in any way connected with the use, or the inability to use, the www.GenealogyPays.com website or the services or materials on the site, even if advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability of incidental or consequential damages so the above limitation or exclusion may not apply to you. The entrant's use of the site shall be at the entrant's own risk.
12. Disputes: Entrant agrees that: (i) where not prohibited by law, any and all disputes, claims and causes of action arising out of or connected with the Contest, or any prizes awarded, shall be resolved individually, without resort to any form of class action, and exclusively by the courts of the state of Connecticut and the United States District Court for the District of Bridgeport or any courts successors thereto in respect of any controversy which may arise out of or in relation to this agreement or its performance and each party hereby waives any objections to such jurisdiction and venue; and (ii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Contest but in no event may entrant be entitled to claim punitive, incidental, or consequential damages, or attorney's fees, and entrant hereby waives all rights to have damages multiplied or 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 Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of Connecticut without giving effect to any choice of law or conflict of law rules (whether of the State of Connecticut, or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the state of Connecticut.
13. Winning Entrant: A list of the Winning Entrant and Qualifying Society may be obtained after August 1, 2008, and no later than September 30, 2008, by sending a self-addressed, stamped envelope to: GenealogyPays.com Online Challenge, c/o Mattatuck Consulting, LLC., 163 Beechwood Avenue, Trumbull CT 06611-1657, U.S.A.