OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR WIN
1. DESCRIPTION OF CONTEST: Due to this site having multiple contests availible, all contests will have their own rules and requirements. These rules are a guideline of XBoXJunkies.OrG and partnering sites, including use of 1and1.com as a hosting site, and will here by be referred to as (XBJ.OrG). Following these rules will ensure that no one gets hurt. . . No Running with staplers.
2. SPONSOR: All Contests will be sponsored by XBJ.OrG, unless otherwise stated.
3. BINDING AGREEMENT: In order to enter the Contest, you must agree to these Official Rules (“Rules”). Therefore, please read these Rules prior to entry to ensure you understand and agree. You agree that submission of an Entry in the Contest constitutes agreement to these Rules. You may not submit an entry to the Contest and are not eligible to receive the prizes described in these Rules unless you agree to these Rules.
4. ELIGIBILITY: The Contest is open to individual persons who are thirteen (13) years of age or older at the time the contest begins, who are able to provide proof of age, and who have agreed to these Rules (“Participants”). You must demonstrate the consent of a parent or legal guardian in order to be eligible to receive any prizes as well as written proof of age and proof of enrollment in a pre-university, high school or secondary school program. The Contests herin not open to residents of Cuba, Iran, Syria, North Korea, Sudan, Myanmar (Burma), or to other individuals restricted by U.S. export controls and sanctions, and is void in any other nation, state, or province where prohibited or restricted by U.S. or local law. Certain restrictions my be present on some contests, be sure to read all the rules pertaining to the contest before entering. You must have access to the Internet and an XBJ.OrG Account in order to enter.
5. CONTEST PERIOD: The Contests have set deadlines and periods for them, dates must be met in order to be eligible to win (“Contest Period”). You are responsible for determining the corresponding time zone in your respective locations.
6. SUBMISSION OF ENTRIES: All entries must be followed by the rules for each contest, as it applies. Applicants may be disqualified at any point by the XBJ.OrG Staff for not following these rules.
7. JUDGING: Each Entry will be judged by the XBJ.OrG Staff that defined the corresponding Task. Each Entry determined by the judges to be a successful completion of the relevant Task (i.e., meeting all stated requirements) will be deemed a Completed Entry. If a Participant wishes to challenge the Staff’s determination as to whether or not an Entry should qualify as a Completed Entry, he/she must do so through the email link provided on the Main Contest Page. In this event, XBJ.OrG will reexamine the relevant Entry and make a final determination, in its sole discretion, as to whether the Entry should be classified as a Completed Entry. The decision of the Staff in this matter is final and binding.
Staff will judge each Entry according to the following equally weighted factors: (1) Creativity, (2) Thoroughness, (3) Quality of Work, and/or (4) XBJ.OrG Involvement. Each Staff will then determine the Participant with the highest overall score for Completed Tasks set by that Organization (Grand Prize Winner). In the event of a tie, the Participant among the tied Participants with the highest score in Quality of Work will be declared the Grand Prize Winner for that Contest. In the event that more than one Organization selects the same Participant as their Grand Prize Winner, all Organizations but the first to declare that Participant its Grand Prize Winner to XBJ.OrG shall choose their next highest scoring eligible Participant from their respective pools as their Grand Prize Winner. In the event a potential Grand Prize Winner is disqualified for any reason, the eligible Participant with the next highest total score in the pool of Participants who have submitted completed Entries to the relevant Contest will be chosen as the Grand Prize Winner.
In the event that no Completed Entries are received, no prize will be awarded. Determinations of judges are final and binding. Winners will be notified by email and a list of winners will be posted on the Main Contest Page on or before ending of the Contest for a period of at least 60 days.
8. PRIZES FOR COMPLETED ENTRIES: Prizes will be stated on each Contest page, for that specified contest. In the event of (1) cash prizes, no cash will be mailed, money will be sent according to U.S. and XBJ.OrG Standards for prize winnings. In the event the prize winnings are (2) products, or items able to be mailed, the winners will need to provide a Mailing address. No P.O. Boxes will be used for most prizes. No prizes in excess of this limit will be awarded unless one of a Participant’s Entries is a Grand Prize Entry, in which case the provisions in Section 9 will apply.
9. PRIZES FOR GRAND PRIZE WINNERS: Each eligible Participant judged to be the best overall entrant by a participating Staff (“Grand Prize Winners”) will receive the rewards specified on the pages of the contest. The winners will be responsible for checking email and other notifications for winning.
10. TAXES:
IF RELEVANT PAYMENTS TO POTENTIAL WINNERS ARE SUBJECT TO THE EXPRESS REQUIREMENT THAT THEY SUBMIT TO XBJ.ORG ALL DOCUMENTATION REQUESTED BY XBJ.ORG TO PERMIT IT TO COMPLY WITH ALL APPLICABLE US, STATE, LOCAL AND FOREIGN (INCLUDING PROVINCIAL) TAX REPORTING AND WITHHOLDING REQUIREMENTS. ALL PRIZES WILL BE NET OF ANY TAXES XBJ.ORG IS REQUIRED BY LAW TO WITHHOLD. ALL TAXES IMPOSED ON PRIZES ARE THE SOLE RESPONSIBILITY OF THE WINNERS. In order to receive a prize, potential winners must submit the tax documentation requested by XBJ.OrG or otherwise required by applicable law, to XBJ.OrG or the relevant tax authority, all as determined by applicable law, including, where relevant, the law of the potential winner’s country of residence. The potential winner and his/her parent or legal guardian are responsible for ensuring that (s)he complies with all the applicable tax laws and filing requirements. If a potential winner fails to provide such documentation or comply with such laws, the prize may be forfeited and XBJ.OrG may, in its sole discretion, select an alternative potential winner.
11. GENERAL CONDITIONS: XBJ.OrG reserves the right to substitute an alternate prize of equal or greater value in the event all or part of a prize set forth above becomes unavailable. Prizes are awarded without warranty of any kind from XBJ.OrG, express or implied, without limitation, except where this would be contrary to federal, state, provincial, or local laws or regulations. All federal, state, provincial and local laws and regulations apply. Submission of an Entry in any Contest constitutes agreement by the Participant to the terms and conditions of these Rules. Decisions of XBJ.OrG and the Judges are final and binding on all matters pertaining to the Contests. Return of any prize/prize notification may result in disqualification and selection of an alternate winner. Any potential winner who cannot be contacted by email within 15 days of attempted first notification will forfeit his/her prize. Potential prize winner(s) and their parents/legal guardians may be required to sign and return an Affidavit or Declaration of Eligibility, and Liability/Publicity Release within 30 days following the date of first attempted notification. Failure to comply within this time period may result in disqualification and selection of an alternate winner. XBJ.OrG reserves the right to disqualify any Participant from the Contest if, in XBJ.OrG’s sole discretion, it reasonably believes that the Participant has attempted to undermine the legitimate operation of the Contest by cheating, deception, or other unfair playing practices or annoys, abuses, threatens or harasses any other Participants, XBJ.OrG, the Judges, or participating Staff. Please allow up to six (6) weeks from the Contest closing date for winners to be selected and prizes to be awarded.
12. PRIVACY: Participants agree that personal data including, but not limited to, name, mailing address, phone number, and email address may be collected, processed, stored and otherwise used for the purposes of conducting and administering the Contests. This data may be transferred into the United States. Further, this data may also be used by XBJ.OrG to verify a Participant’s identity, postal address and telephone number in the event a Participant qualifies for any applicable prize as well as to deliver the applicable prize(s). Participants have the right to access, review, rectify or cancel any personal data held by XBJ.OrG in connection with the Contest by writing to XBJ.OrG (Attention: Justin McCollum) at the address listed below. If a Participant does not provide the required data when requested, that Participant’s Entries will be ineligible for any prizes. All information provided will be maintained in accordance with XBJ.OrG’s Privacy Policy, which Participants should read and understand, and will be used solely for the purpose of administering the Contests.
By accepting a prize, Participant agrees to XBJ.OrG and its agencies use of Participant’s name and/or likeness and Entry for advertising and promotional purposes without additional compensation, unless prohibited by law.
13. WARRANTY AND INDEMNITY: Participants warrant that their Entries are original and that they are the sole and exclusive owner and rights holder of the submitted Entries and that they have the right to submit the Entries in the Contest and grant all required licenses. Each Participant agrees not to submit any Entry that (1) infringes any third party proprietary rights, intellectual property rights, industrial property rights, personal or moral rights or any other rights, including without limitation, copyright, trademark, patent, trade secret or confidentiality obligations; or (2) otherwise violates applicable U.S. law or the law of the Participant’s country of residence.
To the maximum extent permitted by law, each Participant indemnifies and agrees to keep indemnified XBJ.OrG at all times from and against any liability, claims, demands, losses, damages, costs and expenses resulting from any act, default or omission of the Participant and/or a breach of any warranty set forth herein. To the maximum extent permitted by law, each Participant agrees to defend, indemnify and hold harmless XBJ.OrG, its affiliates and their respective directors, officers, employees and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys fees) arising out of or accruing from (a) any material uploaded or otherwise provided by the Participant that infringes any copyright, trademark, trade secret, trade dress, patent or other intellectual property right of any person or defames any person or violates their rights of publicity or privacy, (b) any misrepresentation made by the Participant in connection with the Contest; (c) any non-compliance by the Participant with these Official Rules; and (d) claims brought by persons or entities other than the parties to these Official Rules arising from or related to the Participants involvement with the Contest.
To the extent permitted by law, Participant agrees to hold XBJ.OrG, its respective directors, officers, employees and assigns harmless for any injury or damage caused or claimed to be caused by participation in the Context and/or use or acceptance of any prize, except to the extent that any death or personal injury is caused by the negligence of XBJ.OrG.
14. ELIMINATION: Any false information provided within the context of the Contests by any Participant concerning identity, mailing address, telephone number, email address, ownership of right or non-compliance with these Official Rules or the like may result in the immediate elimination of the Participant from the Contest entered. XBJ.OrG further reserves the right to disqualify any Entry that it believes in its sole and unfettered discretion infringes upon or violates the rights of any third party, otherwise does not comply with these Official Rules, or violates U.S. or applicable local law in Participant’s country of residence.
15. INTERNET: XBJ.OrG and Sponsoring companies (including hosting sites) are not responsible for electronic transmission errors resulting in omission, interruption, deletion, defect, delay in operations or transmission. XBJ.OrG is not responsible for theft or destruction or unauthorized access to or alterations of entry materials, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions or limitations of any kind. XBJ.OrG is not responsible for inaccurate transmissions of or failure to receive entry information by XBJ.OrG on account of technical problems or traffic congestion on the Internet or at any Web site or any combination thereof, except to the extent that any death or personal injury is caused by the negligence of XBJ.OrG. If for any reason the Contest is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Contest, XBJ.OrG reserves the right at its sole discretion to cancel, terminate, modify or suspend the Contest. XBJ.OrG further reserves the right to disqualify any Participant who tampers with the submission process or any other part of the Contest. Any attempt by a Participant to deliberately damage any Web site or undermine the legitimate operation of the Contest is a violation of criminal and civil laws and should such an attempt be made, XBJ.OrG reserves the right to seek damages from any such Participant to the fullest extent of the applicable law.
16. NOT AN OFFER OR CONTRACT OF EMPLOYMENT: Under no circumstances shall the submission of an Entry into a Contest, the awarding of a prize, or anything in these Official Rules be construed as an offer or contract of employment with either XBJ.OrG or any participating website, or sponsor. You acknowledge that you have submitted your Entry voluntarily and not in confidence or in trust. You acknowledge that no confidential, fiduciary, agency or other relationship or implied-in-fact contract now exists between you and XBJ.OrG or the participants and that no such relationship is established by your submission of an Entry under these Rules.
17. FORUM AND RECOURSE TO JUDICIAL PROCEDURES: These Official Rules shall be governed by, subject to, and construed in accordance with the laws of the State of Utah, United States of America, excluding all conflict of law rules. If any provision(s) of these Official Rules are held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect. To the extent permitted by law, the rights to litigate, seek injunctive relief or make any other recourse to judicial or any other procedure in case of disputes or claims resulting from or in connection with this Contest are hereby excluded, and all Participants expressly waive any and all such rights.
18. ARBITRATION: By entering the Contest, you agree that exclusive jurisdiction for any dispute, claim, or demand related in any way to the Contest will be decided by binding arbitration. All disputes between you and XBJ.OrG of whatsoever kind or nature arising out of these Terms, shall be submitted to Judicial Arbitration and Mediation Services, Inc. (“JAMS”) for binding arbitration under its rules then in effect in the Salt Lake City, Utah, USA area, before one arbitrator to be mutually agreed upon by both parties. The parties agree to share equally in the arbitration costs incurred.
Ok, now that this legal stuff is over,
On to the contests!
