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PROSTORES BLOGGER Contest

OFFICIAL RULES

OPEN TO LEGAL RESIDENTS OF THE FIFTY UNITED STATES AND THE DISTRICT OF COLUMBIA, 18 YEARS OF AGE OR OLDER, LEGALLY COMPLIANT WITH ALL FEDERAL AND STATE LAWS PERTAINING TO THEIR BUSINESS.   VOID IN PUERTO RICO AND WHERE PROHIBITED. 

1. ELIGIBILITY:  The “ ProStores Blogger Contest” (the “Contest”) is open to legal residents of the fifty (50) United States and the District of Columbia, 18 years of age or older and legally compliant with all federal and state laws pertaining to their business (“Eligible Participant”). Current ProStores owners are not eligible to enter.  Void in Puerto Rico and where prohibited.  Employees, directors and officers, and their immediate families (spouse, parents, children, siblings, and their respective spouses), and their respective household members, of ProStores Inc., eBay Inc. (“eBay”) and eBay Inc.’s affiliates, subsidiaries, and divisions (“eBay Entities”) (eBay and eBay Entities collectively, “Sponsor”), its parent company, advertising and promotion agencies, and Strobe Promotions, Inc., are not eligible to enter.  Contest is subject to all federal, state and local laws.  U.S. law governs this Contest.

2. CONTEST TIMING:   The Contest begins at 12:00:00 AM Pacific Time (PT) on September 8, 2009 and ends 11:59:59 PM PT on September 18, 2009 (the “Contest Period”).

3. HOW TO ENTER:  To enter the Contest, an eligible participant must go to http://www.timpeter.com/blog/ during the promotion period and post in the comments of the blog or post on your own blog linking back to that post “How would a ProStores web store help your business?” in 350 words or less. To create a Blogpost, use the tools provided on the Blogger’s Site.  Entries must be received by 11:59:59 PM PT on September 18, 2009 in order to be eligible.  Limit one (1) entry per person. However, each entry must be unique.  Entries may only be submitted online using through the comments section of http://www.timpeter.com/blog. Sponsor reserves the right to remove any post from http://www.timpeter.com/blog/ for any reason whatsoever at any time during and after the Contest Period.  By entering this Contest, winner represents and warrants to Sponsor that the entry is the entrant’s original work, solely owned by the entrant, and the entry is not the subject of any actual or threatened litigation or claim; that the entry neither infringes upon nor violates the intellectual property rights or other rights of any other person or entity; that the entry does not and will not violate any applicable laws, and is not and will not be defamatory, libelous, pornographic, or obscene, as determined by the Sponsor.  By entering the Contest, winner agrees to grant ProStores Inc. (“Sponsor”), its agents, subsidiaries and affiliates a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the copyright, publicity, database rights and any other rights entrant has in the Blog and Blogpost, (and any part thereof), in any media now known or hereafter devised (including without limitation, the internet), without additional compensation.  Further, entrant grants Sponsor the additional license to modify, adapt, translate, create derivative works from, and distribute the Blog and/or Blogpost, or incorporate such materials into any form, medium or technology, including the right, at Sponsor’s sole discretion, to distribute and/or publish the Blog and/or Blogpost (or any part thereof).  Entry must be in keeping with the Sponsor’s image, and may not be offensive, nor can it defame, or invade upon the publicity rights or privacy of any person or otherwise infringe upon any person or entity’s personal or proprietary rights, as determined by the judges in their sole discretion.  Incomplete entries or entries not complying with these Official Rules are subject to disqualification.  Sponsor is not responsible for late, lost, incomplete, illegible, damaged, or misdirected entries. Sponsor’s decisions are final on all matters relating to this Contest.  Use of the ProStores Site and Sponsor’s use of information submitted by entrant in connection with this Contest will be subject to the terms and conditions stated in these Official Rules as well as to the ProStores User Agreement and Privacy Policy available on the ProStores Site.

 

4. JUDGING AND DETERMINATION OF WINNER:  Entries will be judged based on the following criteria: (i) Clarity of Expression (25%); (ii) Appropriateness to Sponsor (25%); (iii) Communication skills (25%); (iv) Dedication/Passion (25%).  Judging will be performed by Tim Peter, under the supervision of the Sponsor.  The top (1) scoring entrant will be declared the winner, subject to validation and verification of eligibility and compliance with all terms and conditions set forth in these Official Rules.  In the event of a tie, the entries involved in the tie will be reviewed by an additional judge who will serve as a tiebreaker and who will evaluate entries according to the criteria listed above.  Decision of the Sponsor is final and binding on all matters relating to this Contest. 

5. NOTIFICATION: Potential prize winner will be notified on or about September 26, 2009 via US Mail or overnight mail and/or email.  Potential winner will be required to sign an affidavit of eligibility/liability release and, where legal, publicity release and a federal and state tax release and return same, properly executed, within seven (7) days of issuance of notification.  Failure to return documents as specified, or if any prize or prize notification is returned as undeliverable, will result in disqualification and a runner-up may be selected.  Winner will be showcased online at www.timpeter.com/blog on or around October 1, 2009.  If an entrant changes his/her email address after he/she enters the Contest, it is his/her sole responsibility to notify the Administrator by postal mailing notice to Administrator’s address (listed below in rule #10) to be received by the end of the Entry Period.

6. PRIZE: One (1) Grand Prize  Winner will receive six (6) months of ProStores Professional e-Commerce Plus storefront solution plus a ProStores Setup Services Package.  Approx. Retail Value: $898.75.   

All taxes and other costs not specifically stated in these Official Rules are the responsibility of the winner.  Prize will be awarded providing there is an eligible entry received.  Prize is subject to availability and Sponsor reserves the right, in its sole and excusive discretion, to award another prize of greater or equal value if the advertised prize is unavailable. No substitutions or transfers of prize permitted, except at Sponsor’s sole and exclusive discretion.   

7. CONDITIONS OF PARTICIPATION:  By participating, entrants agree to be bound by these Official Rules including all eligibility requirements.  By entering, entrant consents to the use of his/her name, image, likeness, photograph, Blog and Blogpost, voice and biographical material for advertising, publicity and/or promotional purposes by Sponsor, or a party designated by the Sponsor, including but not limited to, any online announcements, or for sharing this information with the press for viewing, whether TV or print, without additional compensation, except where prohibited by law.  Entrants agree to abide by the terms of these Official Rules and the decisions of the judges, and waive any right to claim ambiguity in these Official Rules.  Entrants agree that any and all disputes shall be governed by the laws of the State of California.   

8. LIMITATION OF LIABILITY:  ENTRANTS HEREBY AGREE TO RELEASE, INDEMNIFY AND HOLD HARMLESS TIM PETER, PROSTORES INC., EBAY, INC., AND STROBE PROMOTIONS, INC. AND EACH OF THEIR AFFILIATES, SUBSIDIARIES, DIVISIONS, ADVERTISING AND PROMOTION AGENCIES, EMPLOYEES, OFFICERS, DIRECTORS AND SHAREHOLDERS (COLLECTIVELY, THE “RELEASEES”) FROM ANY CLAIMS, ACTIONS, INJURY, LOSS OR DAMAGE OF ANY KIND, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY OR DEATH, RESULTING FROM PARTICIPATING IN THIS CONTEST OR FROM THE ACCEPTANCE, POSSESSION, OR USE OR MISUSE OF ANY PRIZE AWARDED OR PARTICIPATION IN ANY PRIZE-RELATED ACTIVITY.  THIS LIMITATION OF LIABILITY IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING (WITHOUT LIMITATION) COMPENSATORY, DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES; LOSS OF DATA, INCOME, OR PROFIT; LOSS OF DAMAGE TO PROPERTY; AND CLAIMS OF THIRD PARTIES.  PARTICIPANTS AGREE THAT PROSTORES HAS NOT MADE NOR IS IN ANY MANNER RESPONSIBLE OR LIABLE FOR ANY WARRANTY, REPRESENTATION, OR GUARANTEE, STATUTORY, EXPRESS OR IMPLIED (INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, AND FITNESS FOR A PARTICULAR PURPOSE), IN FACT OR IN LAW, RELATIVE TO THE CONTEST.  WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, PROSTORES DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS WITH RESPECT TO ANY PROSTORES WEB SITE AND PROSTORES SHALL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS RELATED THERETO.  Releasees are not responsible for lost, late, illegible, damaged or stolen entries or submissions, or problems of any kind, whether mechanical, human or electronic.  Releasees are not responsible for technical, hardware or software malfunctions, telephone failures of any kind, lost or unavailable network connections, inability to access a website or post a comment on a blog, fraud, incomplete, garbled, or delayed computer transmissions or inaccurate transcription of entry information, whether caused by the Sponsor, users or by any of the equipment or programming associated with or utilized in this promotion or by any technical or human error which may occur in the processing of submissions which may damage a user’s system or limit a participant’s ability to participate in the promotion.  Entry materials that have been tampered with or altered are void.  Sponsor reserves the right, in its sole discretion, to cancel or suspend part or all of this Contest at any time without notice, if in the judges’ opinion there is any suspected or actual evidence of electronic or non-electronic tampering with any portion of the Contest, or if virus, bugs, non-authorized human intervention or other causes corrupt or impair the administration, security, fairness or integrity and proper play of the Contest.  In such event, Sponsor may void any entries they suspect are at issue and award prizes from among all eligible entries received up to the date of cancellation.  CAUTION:  ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE THE WEBSITE OR ANY ONLINE SERVICE RELATED TO THIS PROMOTION OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES (INCLUDING ATTORNEY’S FEES) FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING CRIMINAL PROSECUTION.  Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that or any other provision.  Sponsor reserves the right to disqualify entrants who violate the rules or interfere with this Contest in any manner.  If an entrant is disqualified, Sponsor reserves the right to terminate that entrant’s eligibility to participate in the Contest.  Any attempts by an individual to access any website associated with this competition via a bot script or other brute force attack or any other unauthorized means will result in the IP address becoming ineligible.  Use of automated entry devices or programs is prohibited. 

9.  WINNERS’ LIST: For the names of the prize winners, available after October 31, 2009, mail a self-addressed, stamped envelope by October 31, 2009, to:  ProStores Blogger Contest, P.O. Box 913, Bethpage, NY 11714-0913.  . 

10.SPONSOR & ADMINISTRATOR:  The Sponsor of this Contest is ProStores Inc., 2145 Hamilton Avenue, San Jose, CA  95125.  Administrator:  Strobe Promotions, Inc., 535 S. Broadway, Suite 203, Hicksville, NY  11801. 

©Copyright 2009 Strobe Promotions, Inc.  All rights reserved.  Entrants may copy these Official Rules for the sole purpose of personal use and not for any commercial purpose whatsoever.