SOPOAPPS COMMUNITY OFFICIAL RULES Important: Please read these rules before entering this Community (the "Community"). By registering for SopoApps Community, you agree to be bound by these Official Rules and represent that you satisfy all of the eligibility requirements set forth below.1. Eligibility. NO PURCHASE NECESSARY TO PARTICIPATE; PURCHASE WILL NOT INCREASE ODDS OF WINNING. COMMUNITY IS OPEN TO ALL INDIVIDUALS AROUND THE WORLD AS APPLICABLE BY LOCAL COUNTRY LAWS. ENTRANTS MUST BE AT LEAST EIGHTEEN (18) YEARS OF AGE. IF YOU ARE UNDER EIGHTEEN (18), YOU ARE NOT ELIGIBLE TO WIN A PRIZE, AND SOPOGY, INC. ("SPONSOR") RESERVES THE RIGHT NOT TO AWARD PRIZES TO THOSE ENTRANTS. To be eligible to win a prize, entries must be completed and received by Sponsor in the format designated below. Directors, officers and employees of Sponsor and any of their respective affiliate companies, subsidiaries, agents, professional advisors, advertising and promotional agencies, and immediate families of each are not eligible to win any prizes. All applicable federal, state and local laws and regulations apply. Offer void where prohibited. There is no limit to the number of submissions per person or team. However, submissions from a team must be made by a single team representative, and the team representative and each individual team member will be required to sign the winner agreements required by Sopogy in order to win the prize. For team entries, the prize will be paid to the team representative who submitted the entry for the team. Sopogy will have no responsibility thereafter for payment to the individual team members. If more than one team member submits the same entry, Sopogy reserves the right to disqualify the entry and/or select a team representative in its sole discretion. 2. Disclaimer. Sponsor, all participating sponsors and any of their respective parent companies, subsidiaries, affiliates, directors, officers, professional advisors, employees and agencies reserve the right to amend or change Community rules at anytime without notice as may be determined in the sole discretion of the Sponsor. Sponsor, all participating sponsors and any of their respective parent companies, subsidiaries, affiliates, directors, officers, professional advisors, employees and agencies will not be responsible for: (a) any late, lost, misrouted, garbled or distorted or damaged transmissions or entries; (b) telephone, electronic, hardware, software, network, Internet, or other computer- or communications-related malfunctions or failures; (c) any Community disruptions, injuries, losses or damages caused by events beyond the control of Spfonsor or by non-authorized human intervention; or (d) any printing or typographical errors in any materials associated with the Community.3. Ownership of Entries. All entries and other materials (including project packages) submitted to Sponsor in connection with the Community(collectively, "Entry Materials"), along with all copyright, trademark and other proprietary rights associated therewith, become the property of Sponsor upon submission, and Entry Materials will not be returned to any entrant. Without limiting the generality of the foregoing, you acknowledge that Sponsor will own all rights to use, modify, reproduce, publish, perform, display, distribute, make derivative works of and otherwise commercially and noncommercially exploit the Entry Materials in perpetuity and throughout the universe, in any manner or medium now existing or hereafter developed, without separate compensation to you or any other person or entity. You agree to take, at Sponsor's expense, any further action (including, without limitation, execution of affidavits and other documents) reasonably requested by Sponsor to effect, perfect or confirm Sponsor's ownership rights as set forth above in this paragraph 7. Entrants expressly acknowledge and agree that Sponsor can license the proposals, designs, ideas and contents submitted to Sponsor to the public on a worldwide, non-exclusive, royalty-free, perpetual, sublicensable and irrevocable basis pursuant to the terms and conditions of the Submission Agreement. Entrants shall not be entitled to compensation for any use by Sponsor, or by any members of the public or anyone else, of the proposals, designs, ideas and contents of the Entry Materials.4. Original Work of Authorship. You hereby warrant and represent that (a) you own all rights to all Entry Materials and Project Packages submitted by you; and (b) all such Entry Materials and Project Packages are original works of authorship on your part and have not been copied, in whole or in part, from any other work and do not violate, misappropriate or infringe any copyright, trademark or other proprietary right of any other person or entity; and (c) your entry has not previously won awards or prizes of monetary value in another Community prior to entering the SopoApps Community.5. General Release. By entering the Community, you release Sponsor and its parent companies, subsidiaries and affiliates, and each of their directors, officers, employees and agencies (collectively, the "Released Parties") from any liability whatsoever, and waive any and all causes of action, related to any claims, costs, injuries, losses, or damages of any kind arising out of or in connection with the Community or delivery, misdelivery, acceptance, possession, use of or inability to use any prize (including, without limitation, claims, costs, injuries, losses and damages related to personal injuries, death, damage to or destruction of property, rights of publicity or privacy, defamation or portrayal in a false light, whether intentional or unintentional), whether under a theory of contract, tort (including negligence), warranty or other theory. 6. Affidavit & Release. As a condition of being awarded any prize, winners (including the team representative and each individual team member if the winning entry is a team entry) will be required to execute and deliver to Sponsor a signed affidavit of eligibility and acceptance of these Official Rules and release of liability, and any other required legal, regulatory or tax-related documents.7. Copyright Notice. The Community and all accompanying materials are copyright © 2009 by Sponsor. All rights reserved.8. Miscellaneous. The Community and these Official Rules will be governed, construed and interpreted under the laws of the state of Hawaii. Entrants agree to be bound by these Official Rules and by the decisions of Sponsor, which are final and binding in all respects. Sponsor reserves the right to change these Official Rules at any time, in its sole discretion, and to suspend, cancel, postpone or extend the Community or any entrant's participation in the Community should viruses, bugs, unauthorized human intervention or other causes beyond Sponsor's control affect the administration, security or proper play of the Community or Sponsor otherwise becomes (as determined in its sole discretion) incapable of running the Community as planned. Entrants who violate these Official Rules, tamper with the operation of the Community or engage in any conduct that is detrimental or unfair to Sponsor, the Community or any other entrant (in each case as determined in Sponsor's sole discretion) are subject to disqualification from entry into the Community. Sponsor reserves the right to lock out persons whose eligibility is in question or who have been disqualified or are otherwise ineligible to enter the Community. In the event of any claim or dispute you may have against Sopogy, its successors or assigns, you agree to submit to the personal jurisdiction of a court located in the State of Hawaii for the purposes of litigating all such claims or disputes. If you have any questions about these Official Rules or the Community, please e-mail them to
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This e-mail address is being protected from spambots. You need JavaScript enabled to view it or send written questions to Sopogy, Inc., c/o SopoApps Community, 2660 Waiwai Loop, Honolulu, HI 96819.9. LIMITATION OF LIABILITY. IN NO EVENT WILL SPONSOR, ITS LICENSEES AND/OR THEIR PARENTS, AFFILIATES, SUBSIDIARIES AND RELATED COMPANIES, THEIR ADVERTISING OR PROMOTION AGENCIES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING FROM ACCESS TO, OR USE OF, THE SOPOGY.COM OR SOPOAPPS.COM OR SOPOAPPS.ORG WEBSITES, ELECTRONIC OR COMPUTER MALFUNCTIONS, OR ENTRANT PARTICIPATION IN THIS COMMUNITY, EVEN IF SPONSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, EVERYTHING PROVIDED FOR THE COMMUNITY, INCLUDING ANY SOFTWARE, IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. ANY OF THE ABOVE LIMITATIONS OR EXCLUSIONS THAT ARE PROHIBITED BY LAW IN A PARTICULAR ENTRANT’S JURISDICTION SHALL NOT APPLY TO SUCH COMMUNITYANT. 10. Community Sponsor. The sponsor of the Community is Sopogy, Inc., 2660 Waiwai Loop, Honolulu, HI 96819. |
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