THINKGEEK, INC. (“THINKGEEK”) BOUNTY PROGRAM OFFICIAL RULES (“RULES”)
PLEASE READ THESE RULES CAREFULLY. BY SUBMITTING AN ENTRY FOR THE THINKGEEK BOUNTY PROGRAM (“PROGRAM”), YOU AGREE TO ABIDE BY THESE RULES. THIS IS A LEGALLY BINDING CONTRACT BETWEEN YOU AND THINKGEEK. ("SPONSOR").
1. Purpose. The purpose of this Program is to obtain t-shirt design ideas or artworks ( “Design”) from the public for manufacture and distribution on ThinkGeek.com. Sponsor may use, disclose, copy, publish, license, modify, sublicense or otherwise distribute and exploit the Design, though Sponsor is not required to incorporate the Design into any products or services.
2. How To Enter. To enter, You must submit the Design in accordance with these Rules, and through the Program site at URL: http://www.thinkgeek.com/bounty.shtml. Sponsor has no obligation to return Designs to You, or to provide You any information relating to the judging status or results.
(a) NO PURCHASE NECESSARY. To be eligible for the Program, You must, as of Your Entry (defined in Section 4) submission date: (i) be eighteen (18) years of age or older; and (ii) be a legal resident of, and be physically located in, the United States (excluding Vermont, Arizona, Tennessee, Puerto Rico, U.S. Virgin Islands, U.S. military installations), Canada (excluding Quebec).
(b) This Program is for United States (excluding Vermont, Arizona, Tennessee, Puerto Rico, U.S. Virgin Islands, U.S. military installations), or Canada (excluding Quebec) residents only. Employees of Sponsor, or any of Sponsor’s subsidiaries, affiliates, advertising and promotional agencies, or members of any such employees’ immediate families or households, are not eligible to participate in the Program. THIS PROGRAM IS VOID WHERE PROHIBITED.
4. Program Period. A completed submission is referred to herein as an "Entry." To be eligible, an Entry must be received by Sponsor until such time Sponsor announces on ThinkGeek.com that it will no longer be accepting Entries. During the Program Period, Sponsor will collect all complete and eligible Entries and submit the Entries to a judge. Only a complete Entry that has been received during the Program Period will be eligible for the Bounty (defined in Section 8). In the event of a dispute over who submitted the Entry, the holder of the e-mail account named in the Entry will be deemed the eligible person.
5. Number of Entries Deemed Eligible. You may submit as many Entries during the Program Period, provided that all Entries are submitted solely and exclusively to Sponsor, and no Entries have been submitted elsewhere for any use.
(a) Sponsor does not assume responsibility for (i) any late, misdirected, delayed, lost, incomplete, scrambled or otherwise damaged Entries; (ii) any hardware, software, browser, computer, online, network, electronic, human, telephone or technical malfunctions, difficulties or errors that may occur; or (iii) any viruses, worms, or other contaminants that may affect or damage a computer system or data while participating in the Program.
(b) Sponsor reserves the right to disqualify any Entries it deems, in its sole discretion, to be obscene, unlawful, threatening or otherwise inappropriate.
(c) Sponsor reserves the right in its sole discretion to cancel or suspend the Program should any cause beyond Sponsor’s control disrupt, corrupt and/or compromise the administration or security of the Program or for any reason Sponsor deems such suspension necessary. If Sponsor cancels the Program, Sponsor may continue to award Bounty in accordance with the judging criteria from among the Entries received prior to the cancellation date.
7. Additional Copies of the Rules. To receive additional copies of these Rules, send a self-addressed stamped envelope to: ThinkGeek, Inc., Legal Department, 46939 Bayside Parkway, Fremont, CA 94538; Attention: ThinkGeek Bounty Program Official Rules.
8. Bounty Details. Designs will be judged by ThinkGeek staff (“Judge”) at any time upon receipt of such Designs without any requirement to await the receipt of other Entries. For each Design idea selected, ThinkGeek will award $250 cash to the participant. Should the participant also submit usable Design artwork along with a Design idea, ThinkGeek will award an additional $250 cash to the participant (cash compensation referred to hereafter as “Bounty”). You will not disclose to anyone the existence of any relationship You have with Sponsor, the fact of any Entry submission, or the fact of any Bounty award.
Each Bounty is non-transferable and non-exchangeable. You are solely responsible for all taxes that may be incurred as a result of being awarded any Bounty, including, without limitation, any and all local, provincial, state, and federal income taxes. You are solely responsible for any and all Bounty-related expenses not specified above. There will be no substitution of Bounty, except at the sole discretion of Sponsor.
9. Judging Criteria. Designs will be selected on the basis of merit as determined in the sole discretion of the Judge. Judge may use subjective criteria to judge Entries, and You release Sponsor of any claims for inequities that may occur as a result of such subjective criteria. You understand that Sponsor may already have ideas or artworks that are similar or identical to Designs You submit, and You agree You will not receive any Bounty for the use of any such Designs.
10. Notification of Bounty.
(a) Once a Design has been selected, Sponsor will contact You through the Contact Information (defined in Section 12(a)) provided on the Entry. Sponsor shall not be responsible for any changes of such Contact Information and has no duty to confirm the accuracy of such Contact Information before sending its notification to You. You must contact Sponsor and accept the Bounty within three (3) business days from the day Sponsor sends the notification. If You fail to contact Sponsor and accept the Bounty within the required period, Sponsor shall not be obligated to award You the Bounty, but may still use, disclose, copy, publish, license, modify, sublicense or otherwise distribute and exploit the Design. Sponsor is not responsible for any late, lost, delayed, incomplete or misdirected notifications.
(b) As a condition to obtaining the Bounty, Sponsor may require You to complete an affidavit of compliance and eligibility that states that You complied with all of these Rules and that You are eligible to receive the Bounty. In addition, You may be required to sign liability and publicity releases.
11. Use of Your Identity and Name. You hereby agree to be bound by these Rules and that should You be awarded a Bounty, Sponsor and Sponsor’s designees may use Your name, likeness, name of Your company or affiliation, and any statements, quotes or testimonials, photographs, ideas, artworks, or other such materials provided by You or requested of You, for promotional and publicity purposes without further compensation. 12. Privacy.
(a) To participate in the Program, You must provide contact information that personally identifies You ("Contact Information"). If You opt not to provide Sponsor with Contact Information, Your Entry will not be eligible for the Program. Sponsor collects and uses Contact Information for the following reasons: (i) to judge Entries; (ii) to manage and monitor the Program; (iii) to enforce Rules. Apart from information concerning Bounty award lists, Sponsor will not disclose Contact Information to third parties without Your express consent, provided, however, Sponsor may disclose, and will disclose Contact Information about a participant, as follows:
(i) Imminent Harm. Sponsor may reveal Your personally identifiable information to attorneys, private investigator organizations or law enforcement agencies if Sponsor believes that You are harming or interfering (or will imminently harm or interfere) with other participants or anyone else or violating (either intentionally or unintentionally) the Rules or other obligations.
(ii) Legal. Sponsor will reveal Contact Information, to the extent Sponsor reasonably believes Sponsor is required to do so by law. If Sponsor receives legal process calling for the disclosure of any of this information, Sponsor will attempt to notify You via Contact Information within a reasonable amount of time before responding to the request, unless such notification is not permitted.
(iii) Data Quality and Access. During such time as Sponsor retains Contact Information, Sponsor will seek to keep Contact Information accurate, secure, and current. Sponsor will take reasonable steps to correct inaccuracies in Contact Information which Sponsor is made aware of.
(iv) Scope. These privacy terms apply to Contact Information provided to Sponsor with the submission of Entry. During the course of the Program, You may disclose Contact Information and other personal information outside of the Entry submission process ("Other Disclosures"). The provisions of this Section 12 do not apply to Other Disclosures.
13. General Conditions.
(a) By submitting an Entry, You agree to be bound by these Rules, and the decisions of Sponsor and Judge, which shall be final and binding in all respects. All federal, state, and local laws apply.
(b) By submitting Entry, You hereby warrant and represent that all information provided by You as part of the Entry is true, accurate and complete, and that You are the sole creator of the Design, the Design is entirely Your original work of authorship and that the Entry was not created at Your job, using Your employer's equipment or on Your employer's time, or in any other manner that would result in Your employer claiming intellectual property or proprietary rights in the Design. YOU AGREE TO INDEMNIFY AND RELEASE SPONSOR, AND SPONSOR’S SUBSIDIARIES, PARENT, AFFILIATES, PARTNERS, AGENCIES, AGENTS AND REPRESENTATIVES AND THE OFFICERS, DIRECTORS AND EMPLOYEES OF EACH FROM ANY AND ALL LIABILITY FOR ANY CLAIMS, CHARGES, INJURIES, LOSSES OR DAMAGES OF ANY KIND CAUSED BY, RESULTING FROM OR ARISING OUT OF YOUR PARTICIPATION IN THE PROGRAM, OR SPONSOR’S USE OF THE ENTRY, OR ANY BOUNTY OR YOUR ACCEPTANCE, POSSESSION, USE OR MISUSE OF ANY BOUNTY.
(c) By submitting Entry, You hereby agree Design will be deemed a "work made for hire", as that phrase is used in the United States copyright law, and all right, title and interest in and to the Design will vest automatically in Sponsor. To the extent the Design is not deemed to be a "work made for hire," You hereby assign, transfer and convey, and agree to further assign, transfer and convey, to Sponsor any and all Your intellectual property or proprietary rights in the Design.
(d) Failure to enforce a remedy shall not constitute a waiver of the future right to enforce the remedy.
(e) You hereby represent and warrant You are eighteen (18) years of age or older and You are free to enter into this agreement;
(f) You agree that if You are awarded Bounty, You shall promptly sign any documents reasonably requested by Sponsor to evidence or perfect its rights in the Design, such as a hard copy of these Rules, before You are eligible to collect the Bounty.
(g) Entries become the property of the Sponsor and will not be returned. The Program shall be governed by California law. By participating in this Program, entrants agree that California courts shall have jurisdiction over any dispute or litigation arising from or relating to this Program and that venue shall be only in California.
(h) Nothing herein shall constitute an employment, joint venture, or partnership relationship between a participant and Sponsor. In no way is a participant an agent or to be acting as the agent of Sponsor in any respect.