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Aha Mobile, Inc.
Traffic Shout of the
Day
CONTEST OFFICIAL
RULES
Sponsored by Aha Mobile, Inc. (“Sponsor”)NO
ENTRY FEE. NO PURCHASE NECESSARY TO ENTER OR WIN. The
Contest begins on October 5, 2009 and ends on October 23, 2009.
With Aha, everyone can be a traffic reporter, and we are going to
reward the most useful and entertaining traffic shout each day (M-F)
for the next three weeks with a $100 iTunes gift card. All you have to
do to enter is download the free Aha app to your iPhone, register in
the application with your e-mail address, and then use Aha to leave
traffic shouts about the traffic around you. Each business day for the
next three weeks we will listen to the previous day’s traffic shouts
and select a new $100 winner.
1. Eligibility:
The Traffic Shout of the Day Contest (the “Contest”) is
open to legal residents of the U.S. (excluding Puerto Rico), aged
sixteen (16) or older who have an active e-mail account and Internet
access, have an iPhone, and have downloaded the Aha application prior
to the end of the Contest period. Entrants under the age of 18 must
have permission from their parents or legal guardians to participate.
Employees of Sponsors and their respective parent companies,
affiliates, subsidiaries, advertising, promotion, fulfillment or other
coordinating agencies, individuals providing services to Sponsors
through an outsourcer or temporary employment agency during the Contest
period, and their respective immediate family members and persons
living in their same household, are not eligible to enter in the
Contest. Participation in the Contest constitutes entrant’s full and
unconditional agreement to and acceptance of these Official Rules &
Regulations (“Official
Rules”). VOID WHERE PROHIBITED.
2. To Enter: You may
enter the Contest as follows:
Register in the Aha application by entering a valid e-mail address,
username, and password. Then, leave traffic shouts using the Aha
application by pressing the microphone icon on the bottom of the
driving screens, speaking for up to 15 seconds, and then selecting
“Send” when the Traffic Reporter option is shown (“Traffic Shout”).
3. Prize
Drawing:
The Sponsor community manager and executive team will be responsible
for judging entries. The entries will be judged according to the
following: (i) usefulness of information provided (50%), (ii)
uniqueness of the message (25%), and entertainment value of the message
and delivery (25The decisions of the judges will be final. Traffic
Shouts must be original, of entrant's own creation.
Submission constitutes Entrant’s certification that the entry is their
own original work and does not infringe the intellectual property or
proprietary rights of any third party, including, without limitation,
any third party patents, copyrights or trademarks. Entrant hereby
agrees not to instigate, support, maintain or authorize any action,
claim or lawsuit against the Sponsor, or any other person, on the
grounds that any use of the entry as provided herein, infringes any of
entrant’s rights as creator of the entry, including, without
limitation, trademark rights, copyrights and moral rights or “droit
moral.” You hereby grant to Aha a worldwide, irrevocable, perpetual,
non-exclusive, transferable, royalty-free license, with the right to
sublicense, to use, copy, adapt, modify, distribute, license, sell,
transfer, publicly display, publicly perform, transmit, stream,
broadcast and otherwise exploit the Traffic Shouts through or by means
of the Aha service. Accordingly, you represent and warrant that: (i)
you either are the owner of all Traffic Shouts that you submit or you
have all rights, licenses, consents and releases that are necessary to
grant to Aha the rights in such Traffic Shouts, as contemplated under
this Agreement; and (ii) neither the Traffic Shouts nor your submission
or transmittal of the Traffic Shouts or Aha’s use of the Traffic Shouts
(or any portion thereof) will infringe, misappropriate or violate a
third party’s intellectual property rights, or rights of publicity or
privacy, or result in the violation of any applicable law or
regulation.
Winners will be notified by e-mail.
4. Prizes and
Odds:
The prizes to be awarded from the Contest are as follows:
One (1) award of $100 in iTunes gift cards will be awarded to one (1)
winner each Monday, Tuesday, Wednesday, Thursday, and Friday during the
contest period, where a day is defined as 12AM to 11:59PM Pacific Time.
The odds of winning a prize depend on the total number of eligible
entries received. No cash or other substitution of prizes is permitted,
except at the sole option of Sponsors for a prize of equal or greater
value. Sponsors will not replace any lost or stolen prizes. Winners are
solely responsible for any and all federal, state, provincial and local
taxes, if any, that apply to prizes.
Total value of all prizes to be awarded: $1,600 (U.S.)
5. Notification of
Winners:
Winners will be notified by e-mail within three (3) business days of
the winner selection, and may be required to sign and return an
affidavit of eligibility and publicity/liability release within seven
(7) days of notification. If a selected winner cannot be contacted, is
ineligible, fails to claim a prize and/or where applicable an affidavit
of eligibility and publicity/liability release is not timely received,
is incomplete or modified, the prize may be forfeited and an alternate
winner will be selected from remaining valid, eligible entries timely
submitted. In the event of a dispute regarding who submitted an entry,
the entry will be deemed submitted by the authorized account holder of
the e-mail account specified in the entry. "Authorized account
holder" is defined as the natural person who is assigned to an e-mail
address by an Internet access provider, online service provider, or
other organization (e.g., business, educational institution, etc.) that
is responsible for assigning e-mail addresses for the domain associated
with the submitted e-mail address. No automatically generated entries
will be accepted.
6. General Rules:
By entering the Contest, you agree to be bound by these Official Rules.
The Contest is offered by Sponsors, 3340 Hillview Avenue, Palo Alto,
CA, which are not responsible for (i) late, lost, delayed, corrupted,
incomplete, inaudible, misdirected or undeliverable entry shouts; (ii)
theft, destruction, unauthorized access to or alterations of entry
materials; or (iii) phone, electrical, network, computer, hardware,
software program or transmission malfunctions, failures or
difficulties.
You further agree to release, indemnify, defend and hold Sponsors and
their parent, affiliates, subsidiaries, directors, officers, employees,
sponsors and agents, including advertising and promotion agencies, and
assigns, and any other organizations related to the Contest, harmless,
from any and all claims, injuries, damages, expenses or losses to
person or property and/or liabilities of any nature that in any way
arise from participation in this Contest or acceptance or use of a
prize or parts thereof, including without limitation (i) any condition
caused by events beyond Sponsors’ control that may cause the Contest to
be disrupted or corrupted; (ii) any injuries, losses, or damages
(compensatory, direct, incidental, consequential or otherwise) of any
kind arising in connection with or as a result of the prize, or
acceptance, possession, or use of the prize, or from participation in
the Contest; and (iii) any printing or typographical errors in any
materials associated with the Contest. Winners agree to be bound by
these Official Rules, and the decisions of the judges are final.
IN NO EVENT WILL SPONSORS BE LIABLE TO YOU FOR ANY DIRECT, SPECIAL,
INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING
LOSS OF USE, DATA, BUSINESS OR PROFITS) ARISING OUT OF OR IN CONNECTION
WITH YOUR PARTICIPATION IN THE CONTEST, WHETHER SUCH LIABILITY ARISES
FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING
NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT SPONSORS
HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. Some
jurisdictions do not allow the limitation or exclusion of liability for
incidental or consequential damages, so the above limitation or
exclusion may not apply to you.
7. Additional
Conditions:
Except where prohibited, by participating in the Contest, entrant
consents to the use of his/her name, photo and/or likeness,
biographical information, entry and statements attributed to entrant
(if true) for advertising and promotional purposes, including without
limitation, inclusion in Sponsors’ newsletters, and Sponsors’ homepage
at www.ahamobile.com and blog, without
additional compensation. All entries, as applicable, become property of
Sponsors and none will be acknowledged or returned. Allow one (1) to
two (2) weeks for delivery of prizes.
Sponsors reserve the right, in their sole discretion, to cancel, modify
or suspend the Contest in whole or in part, in the event of fraud,
technical or other difficulties or if the integrity of the Contest is
compromised, without liability to the entrant. Sponsors reserve the
right to disqualify any entrant or winner, as determined by Sponsors,
in their sole discretion. Contest is subject to these Official Rules
and all applicable federal, state, provincial and local laws and
regulations apply. As stated above, the Contest is void where
prohibited or restricted by law. By participating in this Contest, you
acknowledge that you have read these official Rules and agree to abide
by them and by the decisions of Sponsors, which are final and binding
on all matters pertaining to the Contest. These Official Rules are
governed by the law of the State of California, without reference to
rules governing choice of laws. Any action, suit or case arising out
of, or in connection with, this Contest or these Official Rules must be
brought in either the federal courts located in the Northern district
of California or the state courts located in Santa Clara County,
California.
Personal Information: Sponsor may collect personal data about entrants
online, in accordance with its privacy policy and as may be more
specifically set forth in these Official Rules. Please review these
Official Rules and Sponsor’s privacy policy at www.ahamobile.com/Privacy.pdf.
By participating in the Contest, entrants hereby agree to Sponsor’s
collection and use of their personal information and acknowledge that
they have read and accepted these Official Rules and Sponsor’s privacy
policy.
8. Winner’s List,
Official Rules:
For a list of prize winners or a copy of these Official Rules, send
your request and a stamped, self-addressed envelope to Aha Mobile,
Traffic Shout of the Day Contest, Aha Mobile, 3340 Hillview Ave, Palo
Alto, CA 94304 or (for Winner’s list only) send an email message to
contests@ahamobile.com with “Winner’s list” as the email subject and
contest name specified in the body of the e-mail.
9. Sponsors
Address:
3340 Hillview Avenue, Palo Alto CA, 94304.
Copyright © 2009
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