Official Rules, Terms, and Conditions for the "Certification Zone King of the Hill Contest"
The "Certification Zone King-of-the-Hill Contest " (the "Contest")
begins on or about 9:00 a.m. Eastern Standard Time ("EST") on
Monday, June 07, 2004. The Contest will be repeated on a monthly
basis until at least August 30, 2004. The Contest shall be construed
according to, and governed exclusively by, the law of the United
States and, in particular, the State of New York, as set forth in
Paragraph 9 below. By participating in the Contest, each entrant
unconditionally accepts and agrees to comply with and abide by these
Official Rules and the decisions of certificationzone.com c/o Genium
Group, Inc. 1171 Riverfront Center, Amsterdam, NY 12010 ("ZONE"),
the "Sponsor"), which shall be final and binding in all respects.
1.Eligibility:
Void where prohibited or restricted by law. No purchase necessary.
The Contest is open to entrants who are at least (a) 18 years of age
or, (b) if the legal age of majority for entering into contracts in
the jurisdiction in which they reside is over 18, such legal age of
majority ("Legal Age"). Employees, officers, directors, agents and
representatives of Genium Group, Inc, and it's agencies and the
immediate family members of any of the foregoing, are not eligible to
enter the Contest.
2. How to Enter:
Go to the Contest page on the Certification Zone Website
(http://www.certificationzone.com/koh) (the "Website"). Complete the
on-line registration form. Once validly entered, a Submitted Entry
will be included in each subsequent Weekly and subsequent Monthly
Competition Period. You may only enter a single time. All components
of the King-of-the-Hill weekly Contest questions and your responses to
them remain the property of the Sponsor and none will be returned.
Entrants must provide accurate contact information (valid e-mail and
postal addresses) in their registration at the Website for the
purpose of contacting Winners. Such information will be used in
accordance with the Sponsor's privacy policy.
3. Selection and Notification of Winners:
Each month's Contest will be comprised of four question rounds. The Entrant
who answers the most cumulative questions correctly on those four
rounds will be declared the Winner of that month's Contest. Each
time an Entrant attempts one of the weekly question rounds, software at the
Website keeps track of the amount of time that elapses between the
time the first question in the question round is presented and the Entrant's
final answer for that question round is submitted. In the event a tie takes
place the Entrant who has answered the most questions in the shortest
amount of elapsed time will be declared the Winner of that month's
Contest. In the event two or more people have correctly answered the same
number of questions in the same amount of time, a random drawing of
the names of only those individuals involved in the tie will be
conducted to determine the Winner. Any Entrant may only win one prize.
Winner(s) will be notified by email. Sponsor shall have no liability
for any Winner notification that is lost, intercepted or not received
by the potential Winner for any reason. If, despite reasonable
efforts, a Winner does not respond within five (5) days of the first
notification attempt, or if the prize is declined or the prize
notification is returned as unclaimed or undeliverable to such
potential Winner, such potential Winner will forfeit his or her
prize. If any potential Winner is found to be ineligible, or if he or
she has not complied with these Official Rules, such potential Winner
will be disqualified and an alternate Winner may be selected.
If a selected Winner fails to claim a prize, the Sponsor may elect to
disqualify the selected Winner, who will then forfeit his or her
prize. Monthly Winners will be announced and posted on the Sponsor's
site (http://www.certificationzone.com/koh/) on or about July 6,
2004 (for June, 2004 Contest), August 2, 2023 (for July, 2004
Contest), and August 30, 2023 (for August, 2004 Contest).
4. Representations And Warranties/Indemnification:
Each person who enters this Contest represents and warrants as
follows: Each Entrant hereby agrees to indemnify and hold the Sponsor
harmless from and against any and all third party claims, actions or
proceedings of any kind and from any and all damages, liabilities,
costs and expenses relating to or arising out of any breach or
alleged breach of any of the warranties, representations or
agreements of Entrant hereunder.
5. Prize:
The Winner of each Monthly Contest will receive a prize of our choosing.
The prizes are not transferable or assignable and they are not
redeemable for cash.
6. Conditions:
By accepting a prize, each Winner agrees that the Sponsor may, without
any limitation or further compensation, use his or her name, screen
name, voice and/or likeness in any and all media for the purpose of
advertising and promoting themselves, the Website, the Contest, or
any other promotion, Contest or sweepstakes sponsored by the
Sponsors. The Sponsor reserves the right, in their sole discretion,
to cancel, modify, suspend or extend the Contest if any bug, virus or
other cause beyond the Sponsors' control corrupts or undermines the
integrity, administration or security of the Contest. The Sponsor
may prohibit any person from participating in the Contest if, in the
sole opinion of the Sponsor, such person shows a disregard for these
Official Rules; acts in an unsportsmanlike manner; acts with intent
to annoy, abuse, threaten or harass any other participant or any
representative of the Sponsor; or acts in any other disruptive
manner. Contest entries may be disqualified in the Sponsor's sole
discretion if attempts are made to disrupt the Contest or circumvent
the provisions of these Official Rules; in such event, the Sponsor
reserves the right to remedy any such action, disruption or
circumvention in a manner which is, in the Sponsor's sole opinion,
fair and equitable to Contest participants. The Sponsor (and their
respective officers, directors, employees, shareholders, agents and
representatives, subsidiaries and affiliates of the foregoing, and
the advertising, promotion and legal advisors thereof) are not
responsible for: (a) late, lost, delayed, damaged, misdirected,
incomplete, illegible or unintelligible entries, (b) any failure or
malfunction of, or difficulty with, any telephone line, cable line or
other means of transmission, or any computer or other equipment, or
any software or other program, (c) errors in transmission, (d) any
condition caused by events beyond the control of the Sponsor that
may cause damage to any participant's hardware or software, (e) any
injury, loss or damage of any kind caused by any prize or resulting
from acceptance, possession or use or misuse of any prize, or from
participation in the Contest or any Contest related activity,
including without limitation downloading the weekly question rounds or other
content from the Website or (f) any printing or typographical or
clerical error in any materials (including, without limitation, in
any advertising or promotional materials or prize Winner notification
letters) associated with the Contest.
7. Governing Law:
ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY,
INTERPRETATION AND ENFORCEABILITY OF THESE OFFICIAL RULES OR THE
RIGHTS AND OBLIGATIONS OF ENTRANTS OR SPONSORS IN CONNECTION WITH THE
CONTEST SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE
INTERNAL LAWS OF THE STATE OF NEW YORK AND THE UNITED STATES OF
AMERICA WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OF CONFLICT OF LAW
RULES OR PROVISIONS THAT WOULD CAUSE THE APPLICATION OF ANY OTHER
JURISDICTION'S LAWS.
8. Arbitration:
By participating in this Contest, each Entrant agrees that any claim,
dispute, or controversy (whether in contract, tort, otherwise)
arising out of, relating to, or connected in any way with the
Contest, the awarding or redemption of prizes, or the determination
of the scope or applicability of this agreement to arbitrate, will be
resolved exclusively by final and binding arbitration to be held in
Amsterdam, New York before a single arbitrator selected by mutual
agreement of the parties or, if the parties cannot agree, by
selecting from a list of arbitrators supplied by the American
Arbitration Association. The arbitration shall be a confidential
proceeding, closed to the general public. The arbitrator shall issue
a written opinion stating the essential findings and conclusions upon
which the arbitrator's award is based. The parties will share equally
in payment of the arbitrator's fees and arbitration expenses and any
other costs unique to the arbitration hearing; provided, however,
that each side shall bear its own deposition, witness, expert and
attorneys' fees and other expenses to the same extent as if the
matter were being heard in court. Notwithstanding the foregoing, if
an Entrant is able to demonstrate that the costs of arbitration will
be prohibitive as compared to the costs of litigation, the Sponsor will
pay as much of the Entrant's filing and hearing fees in connection
with the arbitration as the arbitrator deems necessary to prevent the
arbitration from being cost-prohibitive. There shall be no authority
for any claims to be arbitrated on a class or representative basis;
arbitration can decide only the Entrant's and/or Sponsor's individual
claims and the arbitrator may not consolidate or join the claims of
other persons or parties who may be similarly situated. The
arbitrator shall not have the power to award punitive damages against
the Entrant or Sponsor. If either party fails to appear at the
hearing on the date designated in accordance with the rules of the
American Arbitration Association, or shall otherwise fail to
participate in the arbitration proceeding, the arbitrator is hereby
empowered to proceed ex parte. If you do not agree to these
requirements (or any other provision herein), do not participate in
the Contest. If any part of this Arbitration Provision is deemed to
be invalid or otherwise unenforceable or illegal, the balance of this
Arbitration Provision shall remain in effect and shall be construed
in accordance with its terms as if the invalid or illegal provision
were not contained herein.
9. Further Documentation:
The Sponsor desires to secure additional assignments or other
documents as the Sponsor may reasonably require in order to effectuate
the ownership of the Rights, then each Entrant agrees to sign the
same upon Sponsor's request.
10. No Obligation To Use:
Sponsors shall have no obligation (express or implied) to use or
publicize the names or likenesses of the monthly Winners and the
Winner(s) shall not be entitled to any damages or other relief by
reason thereof.
11. Invalidity/No Modification:
The invalidity or unenforceability of any provision of these Official
Rules shall not affect the validity or enforceability of any other
provision. In the event that any provision is determined to be
invalid or otherwise unenforceable or illegal, these Official Rules
shall otherwise remain in effect and shall be construed in accordance
with their terms as if the invalid or illegal provision were not
contained herein. Headings and captions are used in these Official
Rules solely for ease of reference, and shall not be deemed to affect
in any manner the meaning or intent of these Official Rules or any
provision hereof. These Official Rules cannot be modified or amended
in any way except in a written document specifically referencing
these Official Rules and signed by a duly authorized representative
of the Sponsor.
12. Sponsor/Winners List:
This Contest is sponsored by CertificationZone.com c/o The Genium
Group , Inc., 1171 RiverFront Center, Amsterdam, NY 12010. To
receive a list of Winners (available seven (7) days after the prizes
are awarded) send a self-addressed stamped envelope to: ZONE
KING-OF-THE-HILL WINNERS, c/o the Genium Group , Inc., 1171
RiverFront Center, Amsterdam, NY 12010.
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