This contest ended on 11:59:59 P.M. PDT on June 24th, 2009
NO PURCHASE NECESSARY TO ENTER OR WIN. VOID WHERE PROHIBITED. VALID IN THE 50 UNITED STATES AND THE DISTRICT OF COLUMBIA ONLY.
ENTRY IN THIS CONTEST CONSTITUTES YOUR ACCEPTANCE OF THESE OFFICIAL RULES.
The Day in the Cloud (the “Contest”) is a skill contest where participants must successfully complete an online scavenger hunt. The Scavenger Hunts will be evaluated by judges, who will choose the winning entry in accordance with these Official Rules. The prizes will be awarded to participants whose scavenger hunt is evaluated as having the highest score in the judging criteria. See below for the complete details.
BINDING AGREEMENT: In order to enter the Contest, you must agree to these Official Rules (“Rules”). Therefore, please read these Rules prior to entry to ensure you understand and agree. You agree that submission of an entry in the Contest constitutes agreement to these Rules. You may not submit an entry to the Contest and are not eligible to receive the prizes described in these Rules unless you agree to these Rules. These Rules form a binding legal agreement between you and Google with respect to the Contest.
ELIGIBILITY: To be eligible to enter the Contest, you must be: (1) a legal resident of and physically located in the 50 United States or the District of Columbia; (2) 18 years of age or older and (3) have access to the Internet as of June 24, 2009. Contest is void in Puerto Rico, U.S. territories and possessions, outside of the U.S., and where prohibited by law. Employees, interns, contractors, and official office-holders of Google,Virgin America, and their parent companies, subsidiaries, affiliates, and their respective directors, officers, employees, advertising and promotion agencies, representatives, and agents (“Contest Entities”), and members of the Contest Entities’ and their immediate families (parents, siblings, children, spouses, and life partners of each, regardless of where they live) and members of the households (whether related or not) of such employees, officers and directors are ineligible to participate in this Contest. Sponsor reserves the right to verify eligibility and to adjudicate on any dispute at any time.
If you are entering as part of a company or on behalf of your employer, these rules are binding on you, individually, and/or your employer. If you are acting within the scope of your employment, as an employee, contractor, or agent of another party, you warrant that such party has full knowledge of your actions and has consented thereto, including your potential receipt of a prize. You further warrant that your actions do not violate your employer’s or company’s policies and procedures.
SPONSOR: The Contest is sponsored by Google Inc. (“Google” or “Sponsor”), a Delaware corporation with principal place of business at 1600 Amphitheater Parkway, Mountain View, CA, 94043, USA.
CONTEST PERIOD: The Contest begins at 12:00:00 A.M. Pacific Time (PT) Zone in the United States on June 24th, 2009, and ends at 11:59:59 P.M. PT on June 24th, 2009 (“Contest Period”).
HOW TO ENTER: NO PURCHASE NECESSARY TO ENTER OR WIN. To enter the Contest, visit the Contest website located at www.dayinthecloud.com (“Contest Site”) during the Contest Period and follow the instructions for accessing the online scavenger hunt questions and challenges (“Scavenger Hunt”). Participation in the Scavenger Hunt requires that entry must adhere to the “Scavenger Hunt Requirements,” described below.
LIMIT ONE (1) ENTRY PER PERSON. Subsequent entries will be disqualified. All entries must be received by 11:59 p.m. (PT) on June 24, 2009. Entries are void if they are in whole or part illegible, incomplete, damaged, altered, counterfeit, obtained through fraud, or late. Entrants are required to complete the "creative" round in order to submit their Scavenger Hunt. All entries will be deemed made by the authorized account holder of the email address submitted at the time of entry, and the potential winner may be required to show proof of being the authorized account holder for that email address. 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 address for the domain.
JUDGING: Each entry will be automatically scored, based on pre-set answers. There are an additional 3 "creative" questions and response to one of these questions is required. The "creative" question will only judged in the event of a tie by a panel of experts who are employees of Sponsor and/or Google (“Judges”). On or about July 6, 2009, each entry will be evaluated by the Judges based on the following criteria: Accuracy, Creativity, Internet Navigation Skill and Googliness
The Scavenger Hunt submissions will be scored for accuracy against the pre-set answers for the Scavenger Hunt questions. The top 5 of entries which receive the highest overall scores will be selected as the potential winners. In the event of a tie, the Scavenger Hunt "creative" question which received the higher score from the Judges in the categories of Creativity, Internet Navigation Skill, and “Googliness” will be selected as one of the potential winners. In the event a potential winner is disqualified for any reason, the Scavenger Hunt that received the next highest total score will be chosen as the potential winner.
On or about Monday, July 6, 2009, the potential winners will be selected and notified by telephone and/or email, at Sponsor’s discretion. If a potential winner does not respond to the notification attempt within 3 days from the first notification attempt, then such potential winner will be disqualified and an alternate potential winner will be selected from among all eligible entries received based on the judging criteria described herein. With respect to notification by telephone, such notification will be deemed given when the potential winner engages in a live conversation with Sponsor or when a message is left on the potential winner’s voicemail service or answering machine by the Sponsor, whichever occurs first. Except where prohibited by law, each potential winner may be required to sign and return a Declaration of Eligibility and Liability and Publicity Release and provide any additional information that may be required by Sponsor. If required, potential winners must return all such required documents within 10 days following attempted notification or such potential winner will be deemed to have forfeited the prize and another potential winner will be selected based on the judging criteria described herein. All notification requirements, as well as other requirements within these Rules, will be strictly enforced.
In the event that no Scavenger Hunts are received, no prize will be awarded. Determinations of judges are final and binding.
PRIZES: 5 prize packages will be awarded, each consisting of: 1 netbook, 1TB Google Account storage for 1 year, 12 one-way tickets on Virgin America (which may be subject to booking limitations) plus 12 complimentary WiFi passes. Each prize has an approximate retail value of $5,000 USD.
Odds of winning any prize depends on the number of eligible entries received during the Contest Period and the skill of the entrants. The prizes will be awarded within approximately 2 weeks of receipt by Sponsor of final prize acceptance documents. No transfer, substitution or cash equivalent for prizes is allowed, except at Sponsor’s sole discretion. Sponsor reserves the right to substitute a prize, in whole or in part, of equal or greater monetary value if a prize cannot be awarded, in whole or in part, as described for any reason. Value is subject to market conditions, which can fluctuate and any difference between actual market value and ARV will not be awarded. The prizes may be subject to restrictions and/or licenses and may require additional hardware, software, service, or maintenance to use. The winner shall bear all responsibility for use of the prizes in compliance with any conditions imposed by such manufacturers, and any additional costs associated with its use, service, or maintenance. Contest Entities have not made and Contest Entities are not responsible in any manner for any warranties, representations, or guarantees, express or implied, in fact or law, relating to the prizes, regarding the use, value or enjoyment of the prizes, including, without limitation, its quality, mechanical condition, merchantability, or fitness for a particular purpose, with the exception of any standard manufacturer's warranty that may apply to the prize or any components thereto.
TAXES: PAYMENTS TO POTENTIAL WINNERS ARE SUBJECT TO THE EXPRESS REQUIREMENT THAT THEY SUBMIT TO GOOGLE ALL DOCUMENTATION REQUESTED BY GOOGLE TO PERMIT IT TO COMPLY WITH ALL APPLICABLE STATE, FEDERAL AND LOCAL TAX REPORTING AND WITHHOLDING REQUIREMENTS. ALL PRIZES WILL BE NET OF ANY TAXES GOOGLE IS REQUIRED BY LAW TO WITHHOLD. ALL TAXES IMPOSED ON PRIZES ARE THE SOLE RESPONSIBILITY OF THE WINNERS. In order to receive a prize, potential winners must submit the tax documentation requested by Google or otherwise required by applicable law, to Google or the relevant tax authority, all as determined by applicable law, including, where relevant, the law of the potential winner’s country of residence. The potential winner is responsible for ensuring that (s)he complies with all the applicable tax laws and filing requirements. If a potential winner fails to provide such documentation or comply with such laws, the prize may be forfeited and Google may, in its sole discretion, select an alternative potential winner.
GENERAL CONDITIONS: All federal, state and local laws and regulations apply. Google reserves the right to disqualify any entrant from the Contest if, in Google’s sole discretion, it reasonably believes that the entrant has attempted to undermine the legitimate operation of the Contest by cheating, deception, or other unfair playing practices or annoys, abuses, threatens or harasses any other entrants, Google, or the Judges. Virgin America reserves the right to conduct their own promotion and prizes on select flights in conjunction with this event.
INTELLECTUAL PROPERTY RIGHTS: As between Google and the entrant, the entrant retains ownership of all intellectual and industrial property rights (including moral rights) in and to the Scavenger Hunt. As a condition of entry, entrant grants Google, its subsidiaries, agents and partner companies, a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to use, reproduce, adapt, modify, publish, distribute, publicly perform, create a derivative work from, and publicly display the Scavenger Hunt (1) for the purposes of allowing Google and the Judges to evaluate the Scavenger Hunt for purposes of the Contest, and (2) in connection with advertising and promotion via communication to the public or other groups, including, but not limited to, the right to make screenshots, animations and Scavenger Hunt clips available for promotional purposes.
PUBLICITY: By accepting a prize, entrant agrees to Sponsor and its agencies use of his or her name and/or likeness and Scavenger Huntfor advertising and promotional purposes without additional compensation, unless prohibited by law.
WARRANTY AND INDEMNITY: Participants warrant that their Scavenger Hunts are their own original work and, as such, they are the sole and exclusive owner and rights holder of the submitted Scavenger Hunts and that they have the right to submit the Scavenger Hunt in the Contest and grant all required licenses. Each entrant agrees not to submit any Scavenger Hunt that (1) infringes any third party proprietary rights, intellectual property rights, industrial property rights, personal or moral rights or any other rights, including without limitation, copyright, trademark, patent, trade secret, privacy, publicity or confidentiality obligations; or (2) otherwise violates the applicable state or federal law.
To the maximum extent permitted by law, each entrant indemnifies and agrees to keep indemnified Contest Entities at all times from and against any liability, claims, demands, losses, damages, costs and expenses resulting from any act, default or omission of the entrant and/or a breach of any warranty set forth herein. To the maximum extent permitted by law, each entrant agrees to defend, indemnify and hold harmless the Contest Entities from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys fees) arising out of or accruing from (a) any Scavenger Hunt or other material uploaded or otherwise provided by the entrant that infringes any copyright, trademark, trade secret, trade dress, patent or other intellectual property right of any person or defames any person or violates their rights of publicity or privacy, (b) any misrepresentation made by the entrant in connection with the Contest; (c) any non-compliance by the entrant with these Rules; (d) claims brought by persons or entities other than the parties to these Rules arising from or related to the entrant’s involvement with the Contest; (e) acceptance, possession, misuse or use of any prize or participation in any Contest-related activity or participation in this Contest; (f) any malfunction or other problem with the Contest Site; (g) any error in the collection, processing, or retention of entry information; or (h) any typographical or other error in the printing, offering or announcement of any prize or winners.
ELIMINATION: Any false information provided within the context of the Contest by any entrant concerning identity, mailing address, telephone number, email address, ownership of right or non-compliance with these Rules or the like may result in the immediate elimination of the entrant from the Contest.
INTERNET: Contest Entities are not responsible for any malfunction of the entire Contest Web Site or any late, lost, damaged, misdirected, incomplete, illegible, undeliverable, or destroyed Scavenger Hunts due to system errors, failed, incomplete or garbled computer or other telecommunication transmission malfunctions, hardware or software failures of any kind, lost or unavailable network connections, typographical or system/human errors and failures, technical malfunction(s) of any telephone network or lines, cable connections, satellite transmissions, servers or providers, or computer equipment, traffic congestion on the Internet or at the Contest Site, or any combination thereof, including other telecommunication, cable, digital or satellite malfunctions which may limit an entrant’s ability to participate.
RIGHT TO CANCEL, MODIFY OR DISQUALIFY: If for any reason the Contest is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Contest, Google reserves the right at its sole discretion to cancel, terminate, modify or suspend the Contest. Google further reserves the right to disqualify any entrant who tampers with the submission process or any other part of the Contest or Contest Site. Any attempt by an entrant to deliberately damage any web site, including the Contest Site, or undermine the legitimate operation of the Contest is a violation of criminal and civil laws and should such an attempt be made, Google reserves the right to seek damages from any such entrant to the fullest extent of the applicable law.
NOT AN OFFER OR CONTRACT OF EMPLOYMENT: Under no circumstances shall the submission of a Scavenger Hunt into the Contest, the awarding of a prize, or anything in these Rules be construed as an offer or contract of employment with either Google, or the Contest Entities. You acknowledge that you have submitted your Scavenger Hunt voluntarily and not in confidence or in trust. You acknowledge that no confidential, fiduciary, agency or other relationship or implied-in-fact contract now exists between you and Google or the Contest Entities and that no such relationship is established by your submission of a Scavenger Hunt under these Rules.
FORUM AND RECOURSE TO JUDICIAL PROCEDURES: These Rules shall be governed by, subject to, and construed in accordance with the laws of the State of California, United States of America, excluding all conflict of law rules. If any provision(s) of these Rules are held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect. To the extent permitted by law, the rights to litigate, seek injunctive relief or make any other recourse to judicial or any other procedure in case of disputes or claims resulting from or in connection with this Contest are hereby excluded, and all Participants expressly waive any and all such rights.
ARBITRATION: By entering the Contest, you agree that exclusive jurisdiction for any dispute, claim, or demand related in any way to the Contest will be decided by binding arbitration. All disputes between you and Google of whatsoever kind or nature arising out of these Rules, shall be submitted to Judicial Arbitration and Mediation Services, Inc. (“JAMS”) for binding arbitration under its rules then in effect in the San Jose, California, USA area, before one arbitrator to be mutually agreed upon by both parties. The parties agree to share equally in the arbitration costs incurred.
WINNER’S LIST: You may request a list of winners after Monday, July 6, 2009 but before January 31, 2010 by sending a self addressed stamped envelope to:
Day in the Cloud
1600 Amphitheater Parkway Mountain View, CA 94043 USA
(Residents of Vermont need not supply postage).