Rules
RULES FOR MOD SHOP CONTEST
In order to enter the games of skill for the Mod Shop contest (the “Contest”) you must read these rules. All contestants (“Contestants”) agree to be bound by these rules (the “Rules”).
No purchase is necessary. The Contest is void where prohibited by law or where registration, bonding or translation is required.
Sponsor: The sponsor of the Contest is Future US, Inc. (“Future US”), the operator of the Mod Shop website (the “Website”), the address of which is 4000 Shoreline Court, Suite 400, South San Francisco, CA 94080, USA. All questions regarding the Contest should be directed by e-mail to contest@modshop.net or by regular mail to Future US, Inc., c/o Modshop Contest, 4000 Shoreline Court, Suite 400, South San Francisco, CA 94080, USA.
Participation/Eligibility: A Contestant must first upload profiles of their customized PCs and then flip the “Ready for Battle” switch in the customized profile on the Website. Past winners of the Grand Prize are not eligible to reenter the contest for a period of 12 months. To enter the Contest, the Contestant must thereafter click the button on the publicly viewable rig page on the Website called “Nominate this rig for battle” at a time and date set forth on the Website. Clicking that button will register the Contestant’s machine/rig. The initial judges of the Contest, i.e., editors of Maximum PC, will then select the top 20% of machines in each category to be entered into the next phase of competition based upon the following criteria (number of votes received) based upon the following percentages 100%. The choices of top machines/rigs will be changed from month to month based on the number of rigs that are eligible each month. There is no limit of entries per Contestant. Thereafter, the judges will present a page on the website containing two rigs of a specific category, upon which the visitors to that site will then choose which of the two rigs they prefer. The Contestant with the higher vote will advance and the Contestant with the machine/rig that does not receive the higher vote will be eliminated from the Contest. Over a four-week period, the judges of the Contest will then choose the Contestant of one machine/rig from among those chosen for different categories by the visitors of the site as the top winner of the Contest for that month based upon the following criterion: number of votes received (100%). The grand prize to the top winner will the sum of $ 1200.00, plus a copy of Windows Vista Ultimate (worth $400.00). Prizes not to accede $500 will be granted to 7 number of runners up in each Contest.
Each Contestant must supply a valid e-mail address as part of the registration process and such other identification information as is requested, including their country of origin. The Contestant must be an individual who is legal resident at least the age of majority in his or her jurisdiction of residence for the period of the Contest. The Contest is open only to residents of the United States of America, Canada, Belgium, Denmark, Finland, Israel, Norway, Spain, Sweden, Switzerland, Australia, New Zealand, China, Taiwan, Hong Kong, and India. Residents of Maryland, Arizona, Vermont and Puerto Rico, the province of Quebec, or where prohibited by law are not eligible. Future US in its sole discretion, shall determine the eligibility of Contestants and the time of entry. All decisions of the Contest are final and binding in all matters relating to it.
Submissions must not contain any illegal content or activity. Future US reserves the right to reject any entry for any reason in its sole discretion and may elect to end the Contest at any time, whether or not there was a winner.
Employees, independent contractors, officers, and directors of Future US, its affiliates, subsidiaries, partners, advertising, promotion, and fulfillment agencies, and legal advisors, the judges, and the immediate family members and persons living in the same household of such persons, are not eligible to win a prize in the Contest.
Contestant expressly waive any right he or she may have under the laws of the country of his or her domicile or residency to have written in the official language of such Contestant’s country of domicile or residency (i) the Rules, (ii)the registration into the Contest, (iii) the terms and conditions on the Website or (iv) any correspondence to a Contestant.
By registering for or participating in the Contest, the Contestant agrees to abide by and be bound by the Rules and any decision made by Future US, or its designees regarding any matters relating to the Contest. Contestants who do not comply with the Rules are not eligible to compete or win a prize. All decisions made by Future US, or its designees shall be final and binding. The right to disqualify anyone from the Contest, and any future contest conducted by Future US, is reserved, as is the right to prosecute to the fullest extent permitted by law any Contestant who, in Future US’s reasonable suspicion, tampers with the Website, the entry process, the Contest, or who violates the Rules, or acts in an unsportsmanlike or disruptive manner. In the event of disqualification of a winner, Future US may replace the winner with the next runner-up at its sole discretion.
By participating in the Contest, each Contestant agrees to grant to Future US a non-exclusive, worldwide, fully paid, royalty-free, perpetual license, with the right to sublicense, to reproduce, distribute, use, exploit, transmit, publicly display and publicly perform, and/or create derivative works of any entries, materials and other information (including, without limitation, ideas for new or improved products or services) submitted by the Contestant in connection with the Contest by all means and in any media now known or hereafter developed. Each Contestant hereby waives his or her moral rights in any such entries, materials and information, and hereby warrants that any such entries, materials and information are original with the Contestant, that the Contestant has the right to submit such entries, materials and information to Future US, that they do not contain information considered by Contestant or any other third party to be confidential, that the entries, materials and information submitted do not violate or infringe the rights of any third parties or violate any laws or regulations. The Contestant hereby agrees that he or she shall have no recourse against Future US or Microsoft, Inc., for any alleged or actual infringement or misappropriation of any proprietary right in an entry by Contestant.
By participating in the Contest, the Contestant consents to the use by Future US of his or her name, photograph and/or likeness, address, voice, and statements made by or attributed to him or her, in perpetuity, in any and all media now known or hereafter developed (including, without limitation, print, broadcast, and the Internet), for all business purposes including advertising and promotional activities without additional compensation, notice or approval, unless prohibited by law.
Any taxes associated with the receipt or use of the prizes are the sole responsibility of the winners. Future US reserves the right to withhold any taxes as required by applicable law. All prizes will be awarded (other than prizes withheld for tax purposes as required by applicable law) and are not transferable. No substitutions (including for cash) are permitted, except Future US reserves the right to substitute prizes of equal or greater monetary value to the prizes if for any reason any prize cannot be awarded as contemplated in the Rules. Winners will be required to supply a Social Security Number (or, in Canada, a Social Insurance Number) or similar Taxpayer or government ID prior to the award of any prize.
Notification of Winners: Winners will be notified by e-mail, phone and/or regular mail and must sign and return an declaration of eligibility and compliance with the Rules, a publicity/liability release (unless prohibited by law), and any other requested documents within the time period stipulated in the documents. Failure to comply with this requirement may result in disqualification. Any notification returned as undeliverable may result in disqualification. In the event of a dispute about the identity of any Contestant, entries will be declared submitted by the Authorized Account Holder of the e-mail address submitted at time of entry. “Authorized Account Holder” is defined as the natural person who is assigned to an e-mail address by an Internet access provider or online service provider or other organization that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. A winner may be required to provide Future US with proof that he or she is the Authorized Account Holder of the e-mail address associated with the winner.
Individuals may request the name of the winners by sending an e-mail to contest@modshop.net or submitting a self-addressed, stamped, envelope to Mod Shop Contest, c/o Future US, Inc. 4000 Shoreline Court, Suite 400, South San Francisco, CA 94080, USA. Residents of Canada and other jurisdictions where submission of return postage is prohibited may omit return postage.
Disclaimer and Limit of Liability: FUTURE US MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING ANY PRIZE OR ANY CONTESTANTS PARTICIPATION IN THE CONTEST, NOR SHALL IT BE RESPONSIBLE OR LIABLE FOR ANY LOSS, DAMAGE, COST, OR INJURY THAT ARISES FROM OR RELATES TO PARTICIPATION IN THE CONTEST, OR WINNING OR USE OF A PRIZE, INCLUDING BUT NOT LIMITED TO: (I) LATE, LOST, DELAYED, DAMAGED, MISDIRECTED, INCOMPLETE, OR UNINTELLIGIBLE ENTRIES; (II) TELEPHONE, ELECTRONIC, HARDWARE OR SOFTWARE PROGRAM, NETWORK, INTERNET, OR COMPUTER MALFUNCTIONS, FAILURES, VIRUSES OR DIFFICULTIES OF ANY KIND; (III) FAILED, INCOMPLETE, GARBLED, OR DELAYED COMPUTER TRANSMISSIONS; (IV) THE DOWNLOADING OF ANY MATERIAL IN CONNECTION WITH THIS CONTEST; OR (V) ANY OTHER CONDITION THAT MAY CAUSE THE CONTEST TO BE DISRUPTED OR CORRUPTED. FUTURE US RESERVES THE RIGHT, IN ITS SOLE DISCRETION AND WITHOUT PRIOR NOTICE, TO SUSPEND OR CANCEL THE CONTEST OR ALTER THE RULES FOR ANY REASON, INCLUDING, BUT NOT LIMITED TO, IF AT ANY TIME A COMPUTER VIRUS, TECHNICAL PROBLEM, OR OTHER UNFORESEEABLE EVENT ALTERS OR CORRUPTS THE ADMINISTRATION OF THE CONTEST.
Release: BY ENTERING THE CONTEST, THE CONTESTANT RELEASES AND AGREES TO INDEMNIFY AND HOLD HARMLESS FUTURE US AND MICROSOFT, INC., AND THEIR PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS AND AGENTS FROM ANY LIABILITY WHATSOEVER FOR ANY CLAIMS, COSTS, LOSSES, OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, THOSE RELATED TO PERSONAL INJURY, DEATH, DAMAGE TO PROPERTY, INFRINGEMENT OF PROPRIETARY RIGHTS, RIGHTS OF PUBLICITY OR PRIVACY OR DEFAMATION) ARISING OUT OF OR IN CONNECTION WITH: (I) THE ENTRY SUBMITTED BY CONTESTANT; (II) ENTERING AND PARTICIPATING IN THE CONTEST; AND/OR (III) ACCEPTING OR USING ANY PRIZE. HOWEVER NOTHING IN THESE RULES SHALL LIMIT FUTURE US’S OR MICROSOFT INC.’S LIABILITY UNDER ANY CATEGORY OF LIABILITY WHICH UNDER THE LAW OF A CONTESTANT’S JURISDICTION CANNOT LAWFULLY BE LIMITED.
The Contest and the rights and obligations of Future US and Contestant will be governed by and controlled by the laws of the State of California, United States of America, applicable to contracts made and performed therein without reference to the applicable choice of law provisions. All actions, proceedings or litigation relating hereto will be instituted and prosecuted solely within the State of California, San Mateo County. The parties consent to the jurisdiction of the state courts of California and federal court located within such state and county with respect to any action, dispute or other matter pertaining to or arising out of the Contest.
Privacy: Contest information submitted as part of the registration process will be collected in accordance with the Privacy Policy which can be found at http://www.maximumpc.com/privacy_policy.
