Legal Disclaimer

Official Rules

1. CONTEST DEFINITION: The following definitions (collectively the “Contest Definition”) are used throughout this document to describe various aspects of the contest.

A. Contest Name: UM-Dearborn 50th Anniversary Trivia Quiz
B. Contest Start Date: September 1, 2009, 12:01:00 A.M., Eastern Time.
C. Contest End Date: April 30, 2010 11:59:59 P.M., Eastern Time.
D. Website: www.umd.umich.edu and all web pages associated therewith.
E. Webpage: www.umd.umich.edu /trivia_contest
F. Contest Address:

University of Michigan-Dearborn
4901 Evergreen Rd. – 1040 AB
Dearborn, MI 48128

G. Entry Requirements:

(i) The entry must be a correct response to the daily assigned trivia question submitted on the assigned form.
(ii) Only the single most recent Entry submitted by the Participant will be eligible.

H. Judging Criteria:

(i) Correct Answer

I. First-Place Prize:

(i) Entries of person(s) who have the correct answer to the question will be placed in a drawing. At the end of the week, one contestant will be chosen at random to receive that weeks’ prize.

J. Prizes:

(i) One (1) Weekly Prize, as defined above.
(ii) The total value of weekly prize to be awarded (“Total Value”) is no more than $19.99 (nineteen dollars, ninety nine cents) (US retail value).

2. ACCEPTANCE OF TERMS: This Official Rules is made between you and University of Michigan-Dearborn. YOU SHOULD READ AND UNDERSTAND THIS OFFICIAL RULES BEFORE SUBMITTING A CONTEST ENTRY (AS DEFINED BELOW) TO THE CONTEST. BY SUBMITTING A CONTEST ENTRY YOU REPRESENT AND WARRANT THAT YOU ARE OVER THE AGE OF EIGHTEEN (18) AND YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THE OFFICIAL RULES. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THE OFFICIAL RULES, PLEASE DO NOT PROVIDE A CONTEST ENTRY TO THE AND DO NOT OTHERWISE PARTICIPATE IN THE CONTEST.

3. ELIGIBILITY: THIS IS A SKILL CONTEST. NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN.

A. If the total cash value of the Prizes is zero dollars, then the following eligibility rules apply: Contest is open to anyone who agrees to the terms of this Agreement, excluding every national, state, local, or other jurisdiction in which it is prohibited or restricted by any law, statute, regulation, or other appropriate authority (hereafter "Participant").

B. If the total cash value of the Prizes is greater than zero-dollars, then the following eligibility rules apply: Contest is open to any current legal resident of the fifty (50) United States and the District of Columbia (excluding every national, state, local, or other jurisdiction in which it is prohibited or restricted by any law, statute, regulation, or other appropriate authority, and in particular Puerto Rico, U.S. Virgin Islands, U.S. territories and U.S. military installations located in a foreign country) who is eighteen (18) years of age or older (hereafter "Participant").

4. ENTERING THE CONTEST:

A. HOW TO SUBMIT A CONTEST ENTRY: Each Participant must create an Entry according to the Entry Requirements. The Participant may then enter the Contest by visiting the Webpage and following the instructions provided to upload their Entry. Registration on Website is required. No other means of entry will be accepted. By entering, you acknowledge that your Entry may be in the public domain and that no privacy to Entries submitted is guaranteed.

B. REQUIREMENTS FOR ENTRIES: All Entries must comply with the Entry Requirements in the Contest Definition to be eligible to win. Sponsor is not required to pro-actively notify Participant if their submission is not eligible.

C. REPRESENTATIONS AND WARRANTIES: You represent and warrant that you have read and agreed to the terms of the Agreement, that your Entry complies with all requirements set forth therein, and that in the event your Entry is selected as a Potential Winner, you agree to assign all rights in such Entry to UM-Dearborn or its designee. Any Entry that would violate any law or regulation or the Official Rules will not be considered. UM-Dearborn retains sole discretion as to what constitutes unsuitable content, and to disqualify the submitting Participant from participation in the Contest. An Entry that is submitted in violation of this Official Rules and Submission Agreement; that is received in whole or in part after the end of the Contest Period; or that is incomplete, illegible, corrupted, or damaged, will be discarded and deemed to be VOID.

 

5. ADDITIONAL FORMS: In order to participate in the Contest, you may be required to sign consent forms and/or releases in connection with your Entry.

6. WINNER(S) AND PRIZES:

A. SELECTING THE WINNERS: A panel of judges (the “Panel”) will be selected by UM-Dearborn in its sole discretion. The Panel will review eligible entries and, based on the Judging Criteria set forth in the Contest Definition, will select in their sole discretion one potential winner of each Prize (such potential winners, the “Potential Winners”). The Potential Winners will be notified on or about the Notification Date. Each Potential Winner must complete and return a signed ‘Affidavit of Eligibility, Originality and Non-Infringement and Compliance with Official Rules, Assignment of Rights, and Liability/ Publicity Release,’ as well as any other documents related to prize acceptance that Sponsor may reasonably require or be obligated to obtain, e.g., publicity releases. If after a reasonable number of attempts contact has not been made, or if any prize notification is returned as undeliverable, or if a potential winner is deemed to be ineligible, not in compliance with these Official Rules, or fails to provide any information or return any required documents in a timely manner, prize will be forfeited and an alternate Potential Winner selected, provided that such alternate entrant will be subject to the terms and conditions of this Section. After all Potential Winners have been finally determined by Sponsor to be eligible to continue to participate in the Contest (such Potential Winners, the “Winners”), the Winners will be awarded prizes as set forth in sub-section (C) below.

B. JUDGING CRITERIA. The Panel and the Judge will judge all entries according to the Judging Criteria given in the Contest Definition. UM-Dearborn, in its sole discretion, may choose to make the Panel’s evaluations of the eligible Entries public, but is not required to do so.

C. PRIZES. Subject to compliance with this Official Rules, UM-Dearborn will award a Prize to the Winner chosen by the Panel. All taxes (including, without limitation, federal, state, and local taxes) on or in connection with any Prize, and the reporting consequences thereof, are the sole and exclusive responsibility of Winners. The Prizes are nontransferable and non-refundable, and no substitution of any Prize will be permitted. If any Prize is unavailable, a substitute prize of greater or equal value may be awarded. By accepting a Prize, the Winners agree to participate in and/or cooperate with media interviews, public or other promotional events and any other activities related to the Contest as reasonably requested by UM-Dearborn, without additional compensation, except where prohibited by law.

7. LIMITATIONS OF LIABILITY: By entering this Contest, each Participant represents and warrants that he or she is not prohibited from participating in this Contest by any applicable law, statute, regulation, or authority. No responsibility or liability is assumed by Sponsor for technical problems or technical malfunction arising in connection with any of the following occurrences which may affect the operation of the Website or e-mail address to which Entries can be sent: hardware or software errors; faulty computer, telephone, cable, satellite, network, electronic, wireless or Internet connectivity or other online communication problems; errors or limitations of any Internet service providers, servers, hosts or providers; garbled, jumbled, faulty, incomplete or illegible data transmissions; failure of any e-mail transmissions to be sent to or received; difficulties in opening email attachments; lost, late, delayed or intercepted e-mail transmissions; incorrect or inaccurate capture of Entry or other information; inaccessibility of the Website in whole or in part for any reason; traffic congestion on the Internet or Website; or unauthorized human or non-human intervention of the operation of the Contest, including without limitation, unauthorized tampering, hacking, theft, virus, bugs, worms; or destruction of any aspect of the Contest. Sponsor also is not responsible for any lost, late, incomplete, illegible, damaged or misdirected Contest Entries submitted or any delay, loss or damage by communication systems. Proof of submitting Entries will not be deemed to be proof of receipt by UM-Dearborn. Any use of robotic, automatic, programmed or similar methods of participation will void all such submissions by such methods. UM-Dearborn is not responsible for any typographical or other errors in the offering or announcement of prizes, in this Official Rules, or in the administration of the Contest, or any inaccurate or incorrect data contained on the Website, or any personal injury or property damage or losses of any kind which may be sustained to Participant's or any other person's computer equipment resulting from participation in the Contest, or use of or download of any information from the Website. Use of Website is at Participant's own risk.

WITHOUT LIMITING THE FOREGOING, THE WEBSITE AND ALL MATERIALS PROVIDED THROUGH OR IN CONNECTION WITH THE WEBSITE, AND ANY PRIZES OFFERED OR PROVIDED IN CONNECTION WITH THE CONTEST ARE PROVIDED "AS IS" WITHOUT ANY WARRANTY OF ANY KIND BY UM-DEARBORN, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF USABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES; CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS REGARDING THESE LIMITATIONS OR RESTRICTIONS. IN NO EVENT WILL THE CONTEST ENTITIES (AS DEFINED BELOW) BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, ARISING OUT OF THE CONTEST OR THE ENTRY, EVEN IF A CONTEST ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE CONTEST ENTITIES’ AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE CONTEST OR THIS OFFICIAL RULES AND SUBMISSION AGREEMENT (REGARDLESS OF THE FORM OF ACTION GIVING RISE TO SUCH LIABILITY, WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED YOUR COSTS (IF ANY) OF ENTERING THE CONTEST.

UM-Dearborn does not make any, and hereby disclaims any and all, representations or warranties of any kind regarding any Prize, including without limitation any representations or warranties concerning fitness for a particular purpose or potential results. All Participants, on behalf of themselves, their executors, employers or companies, heirs and assigns, by submitting an Entry and/ or by acceptance of a prize if selected as a Potential Winner, agree to release UM-Dearborn, prize providers, and all officers, employees, agents, affiliates and partners of such entities, from any and all liability, claims or actions of any kind whatsoever for injuries, damages or losses of any kind to persons or property which may be sustained in connection with the receipt, use or misuse of any prize or any actions undertaken using prize, or while preparing for, participating in, or any activity in connection with the Contest or otherwise.

8. RELEASE AND INDEMNIFICATION: BY ENTERING THE CONTEST, YOU RELEASE, DEFEND, INDEMNIFY AND HOLD UM-Dearborn, AND THEIR RESPECTIVE EMPLOYEES, AFFILIATES, AND AGENTS, THE MEMBERS OF THE PANEL (COLLECTIVELY, THE “CONTEST ENTITIES”) HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, ACTIONS, LOSSES, COSTS, DAMAGES, LIABILITIES, JUDGMENTS, SETTLEMENTS AND EXPENSES (INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS’ FEES) (“LOSSES”) ARISING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM: (A) YOUR PARTICIPATION IN THE CONTEST OR ANY CONTEST-RELATED ACTIVITY; (B) ACCEPTANCE, POSSESSION, USE, OR MISUSE OF ANY PRIZE AWARDED IN CONNECTION WITH THE CONTEST, INCLUDING WITHOUT LIMITATION, PERSONAL INJURY, DEATH, AND/OR PROPERTY DAMAGE; (C) ANY BREACH BY YOU OF ANY COVENANT, REPRESENTATION OR WARRANTY SET FORTH IN THIS OFFICIAL RULES AND SUBMISSION AGREEMENT; (D) ANY CLAIM BASED ON PUBLICITY RIGHTS, DEFAMATION, AND/OR INVASION OF PRIVACY; OR (E) ANY CLAIM THAT YOUR ENTRY OR THE USE THEREOF BY ANY CONTEST ENTITY INFRINGES UPON OR VIOLATES THE INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS OF ANY THIRD PARTY OR CAUSED ANY DAMAGE TO A THIRD PARTY (INCLUDING WITHOUT LIMITATION PAST, PRESENT OR FUTURE INFRINGEMENT, MISAPPROPRIATION, LIBEL, DEFAMATION, INVASION OF PRIVACY OR RIGHT OF PUBLICITY OR VIOLATION OF ANY RIGHTS RELATED TO THE FOREGOING).

9. MODIFICATION: UM-Dearborn reserves the right, at its sole discretion, to modify, postpone, clarify, delay, suspend and/or terminate this Contest in whole or in part in the event that the Contest is not capable of running as planned or as intended by the Official Rules by reason of any technical, disabling, human or other causes or events that, in the sole discretion of Sponsor, impair, corrupt or interrupt the administration, fairness, security or integrity or proper conduct of the Contest, including without limitation, fire, flood, natural disaster, explosion, labor dispute or strike, act of God or public enemy, terrorist threat or activity or insurrection. In such event, UM-Dearborn may, in its sole discretion: (a) postpone and/or reschedule and/or modify the Contest, or (b) terminate the Contest in its entirety. In the event of postponement, rescheduling or modification of the Contest, a notice to such effect will be posted online. In the event of termination, a notice to such effect will be posted online and all eligible and salvageable Entries collected prior to the termination shall be included in the Contest for purposes of awarding the prizes (or prizes of substantially similar value), provided that a sufficient number of Entries are received, and UM-Dearborn shall have no further liability to any Participant in connection with the Contest. In no event will UM-Dearborn be obligated to award more prizes than the number of prizes stated in the Official Rules. UM-Dearborn reserves the right to terminate this Contest or to modify any rules as necessary for any reason or as required by applicable law.

10. DISPUTES: This Contest is governed under the laws of the United States and the State of Michigan, without respect to conflict of law doctrines. As a condition of participating in this Contest, Participant agrees that any and all disputes that cannot be resolved between the parties and causes of action arising out of or connected with the Official Rules and/or this Contest shall be resolved individually, without resort to any form of class action, exclusively before a federal or state court located in Wayne County, Michigan, having jurisdiction. Further, in any such dispute, under no circumstances will Participant be permitted to obtain awards for and hereby waives all rights to claim punitive, incidental or consequential damages (including reasonably attorneys’ fees), other than Participant’s actual out-of-pocket expenses (i.e. costs associated with entering this Contest) and Participant further waives all rights to have damages multiplied or increased. Without limitation, Participant agrees that a printed version of the Official Rules will be admissible in judicial or administrative proceedings based upon or relating to the Official Rules to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

11. CONDITIONS OF PARTICIPATION: All Participants agree to be bound by the Official Rules and the decisions of UM-Dearborn whose decisions in all aspects of this Contest shall be final and binding. UM-Dearborn may, at its sole discretion, disqualify a Participant from participating in any aspect of the Contest, if UM-Dearborn deems or suspects that such person has engaged in or has attempted to engage in any of the following: (a) acting in violation of the Official Rules, or any terms and conditions relating to use of or access to the Website; or (b) submitting a Entry that the Participant has not personally authored (submitting someone else’s work); (c) damaging, tampering with or corrupting the operation of the Contest; or (d) acting with intent to annoy, harass or abuse any other person; or (e) any unsportsmanlike, inappropriate, uncooperative, disruptive, fraudulent, potentially fraudulent, or unusual behavior or activity; or (g) activity deemed in the sole discretion of UM-Dearborn and its agents to be generally inconsistent with the intended operation of the Contest. CAUTION: ANY ATTEMPT BY A PERSON TO DELIBERATELY DAMAGE OR CORRUPT THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR AND ITS AGENTS RESERVE THE RIGHT TO PROSECUTE AND SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT OF THE LAW.

12. PRIVACY: Except as otherwise provided in the Official Rules, Participant’s personal information submitted to UM-Dearborn in the Entry process will be treated in accordance with UM-Dearborn’s Privacy Policy posted on the Website and may be used by UM-Dearborn to send email updates to Participants. Participants may elect to opt out of receiving such updates at any time.

13. WINNERS LIST: For information concerning the Winners (available after Judging Date), please see the Webpage, or send a self-addressed stamped envelope to: Contest Address. Queries must be postmarked no later than 90 days after Judging Date.

14. INTERPRETATION: In the event of any conflict between any information provided on UM-Dearborn’s or a third party’s web site or provided by any entity other than Sponsor, on the one hand, and the Official Rules, on the other hand, the Official Rules shall govern.

15. SEVERABILITY: If any provision of the Official Rules is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other term hereof, and the Official Rules will be interpreted and construed as if such term, solely to the extent such term will have been held to be invalid or unenforceable, had never been contained herein. In addition, if any provision of the Official Rules is for any reason held to be excessively broad as to duration, geographical scope, activity or subject, such provision will be construed by limiting and reducing it so as to be enforceable to the extent compatible with applicable law.

16. ASSIGNMENT: The Official Rules, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be transferred or assigned by Sponsor without restriction.

– End of Official Rules –