Lucidchart Chrome Cr-48 notebook giveaway

Official Rules

NO PURCHASE NECESSARY. MUST BE LEGAL RESIDENT OF ONE OF THE 50 UNITED STATES OR D.C., 18 YEARS OF AGE OR AGE OF MAJORITY IN THEIR STATE OF RESIDENCE OR OLDER AT DATE OF ENTRY INTO THE SKILL CONTEST AND A REGISTERED USER OF LUCIDCHART. VOID IN PUERTO RICO, ALL U.S. TERRITORIES AND POSSESSIONS AND WHERE PROHIBITED BY LAW.

Sponsor and Administrator: Lucid Software Inc., PO Box 900501, Sandy, UT 84090.

Prize Provider: Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043.

Contest Entities: Lucid Software Inc. and Google Inc.

1. Acceptance of Rules. By entering Lucidchart Chrome Cr-48 Giveaway (the "Contest") operated on Lucid Software’s web site accessible at the domain “lucidchart.com” (the “Lucidchart Service”), you hereby accept and agree to these official rules (the "Official Rules") of this Contest, and the decisions of the Administrator in connection with this Contest, whose decisions are final.

2. Eligibility. This Contest is offered and open to persons who are: (a) Registered Users (as defined below) of the Lucidchart Service; (b) legal residents of one (1) of the fifty (50) United States or District of Columbia; and (c) at least 18 years of age or age of majority in their state of residence at the date of entry in this Contest or older. For purposes of these Official Rules, Registered User(s) means a person that has successfully completed the registration form and has obtained a User Identification ("ID") and associated password ("Password") on the Lucidchart Service; there is no fee required to become a user of the Lucidchart Service. Employees and directors, and their immediate family members, of the Contest Entities, and their parents, affiliated and subsidiary companies, advertising and promotion agencies and legal and financial advisors are not eligible to participate in this Contest. For purposes of the foregoing, "immediate family" means parents, spouses, children, siblings or any members of the same households of such employees and directors. This Contest is void outside of the 50 U.S. states, in Puerto Rico, in all U.S. territories and possessions and where prohibited by law. This Contest is intended for viewing in the United States only and shall only be construed and evaluated according to United States law. You are not authorized to participate in the Contest if you are not located within and a legal resident of the United States.

3. Promotion Period. The Contest begins on January 26, 2011 at 9:00AM PT and ends at 11:59 PM PT on February 12, 2010 (the "Promotion Period").

4. Entering the Contest. To enter this Contest, you must be a registered user of the Lucidchart Service. After logging into the Lucidchart Service, go to https://www.lucidchart.com/documents and create a document by clicking the button on the right side of the page that says “New Document.” After drawing a diagram, follow the instructions to share it in the Lucidchart Community Library to complete your entry into the Contest. If you are not currently a Registered User, you may become a Registered User and obtain an ID and Password by completing the registration form on the Lucidchart Service. There is no fee or charge required to become a Registered User.

Limit one account per person per entry period.

5. Contest License. You agree that you will not submit, share, upload, post or display content on or through the Lucidchart Service that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to submit, share, upload, post or display the content and to grant Lucidchart all of the license rights granted in the Lucidchart Terms of Service accepted upon registration. By participating in the Contest, you agree to the Lucidchart Terms of Service located at http://www.lucidchart.com/pages/tos.

6. Prizes. 100 Prize winners (the "Winners") shall each receive one Google Cr-48 Notebook with an approximate retail value ("ARV") of Three Hundred Dollars ($300.00) each (the "Prizes").

Total ARV of Prizes to be awarded in this Contest is Thirty Thousand Dollars ($30,000.00).

7. Prize Restrictions. No assignment, transfer, conversion to cash or cash redemption or substitution of the Prize is permitted, except the Contest Entities reserve the right to substitute the Prize with a prize of comparable or greater value should the Prize become unavailable. Prize is solely for personal use and may not be used in conjunction with any other promotion. All Prize details are at the sole discretion of the Contest Entities.

8. Odds/Drawings/Winner Notification. Odds of winning a Prize depends on the number of eligible entries received during the Promotion Period. One hundred (100) winners will be selected based on the criteria below by the Administrator from all eligible entries received. By entering this skill contest, entrants accept and agree to these rules and the decision of the Administrator, which shall be final, binding and conclusive on all matters related to the skill contest.

All entries will be judged by the Administrator, based on the following criteria: A) aesthetic appeal of the diagram (35%); B) appropriateness to contest themes (35%); C) demonstration of collaboration (15%) and D) total number of user ratings received and average rating (15%).

Users will have the opportunity to rate entries to help determine Prize Winners. The Rating Period begins on January 26, 2011 at 9:00AM PT and ends at 11:59PM PT on February 12, 2010. Only Registered Users of the Lucidchart Service may rate entries; limit one rating per Contest entry per Registered User. When rating, users are asked to critically evaluate each entry by equally applying the following Rating Criteria (weighted equally): Aesthetic appeal of the diagram and appropriateness to contest themes.

Potential Prize winners will be notified by a message to their email account. If a potential Prize winner cannot be reached after a reasonable effort has been made during three (3) business days from the first notification attempt, such person may be disqualified, with an alternate Prize winner selected in accordance with these Official Rules. Administrator will only select up to two (2) alternates per winner notification. If no contact has been made with the alternates after a reasonable effort has been made, the prize(s) shall not be awarded. Unclaimed prizes will not be awarded.

9. Prize Taxes. All federal, state, and local and other tax liabilities arising from this Contest, including, without limitation, winning a Prize, will be the sole responsibility of each Winner.

10. Affidavit of Eligibility/Liability Release and Publicity Release. Winners may be required to complete, execute and return an Affidavit of Eligibility/Liability Release, and where lawful, a Publicity Release (collectively, the "Release Forms") within three (3) days of notification of winning. Failure to return Release Forms in a timely manner, or if Prize notification or a Prize is returned as non-deliverable, or if a Winner is found not to be eligible or not in compliance with these Official Rules, may result in disqualification with an alternate Winner selected in accordance with these Official Rules.

11. Personal Information Release and Prize Provider Terms. Prize winners acknowledge and agree that the Administrator may provide the name, email, mailing address, and other information of Prize winners to the Prize Provider, and may be required to complete, execute and return an agreement to such effect within three (3) days of notification of winning. Failure to return such an agreement may result in disqualification with an alternate Winner selected in accordance with these Official Rules. Furthermore, in order to receive a Prize, Winners may also be required to complete an application provided by Prize Provider and to agree to Prize Provider’s terms and conditions. Failure to complete Prize Provider’s application, including failure to agree to Prize Provider’s terms and conditions, may result in disqualification, and no alternate Winner will be selected.

12. Publicity Release Terms. Except where prohibited by law, a Winner's acceptance of the Prize constitutes permission for the Contest Entities to use Winner's name, photograph, likeness, statements, Lucidchart Service entry, biographical information, voice, and address (city and state) worldwide and in all forms of media, in perpetuity, without further compensation.

13. Improper Conduct. Administrator, in its sole discretion, may disqualify any entrant from participation in or use of any or all portions of this Contest, and refuse to award a Prize, if entrant engages in any conduct Administrator deems to be improper, unfair or otherwise adverse to the operation of the Contest or detrimental to other entrants of the Contest. Such improper conduct includes, without limitation, falsifying personal information required during entrant registration or Prize claim, violating any term or condition stated herein, accumulating entries or ratings through methods such as automated computer scripts or any other programming techniques, allowing others to use entrant's personal information for the purpose of accumulating entries, or intentionally trying to defraud, reverse engineer, disassemble or otherwise tamper with the computer programs in connection with this Contest. Entrants agree that Administrator may void any part of a Prize that entrant may have won and/or require the return of any part of a Prize that entrant may have won as a result of such improper conduct. Entrant further acknowledges that any forfeiture of a Prize and/or return of a Prize shall in no way prevent Administrator from pursuing other avenues of recourse such as criminal or civil proceedings in connection with such conduct. WARNING: ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, EACH OF THE CONTEST ENTITIES RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR SUCH ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.

14. Integrity of Contest. If, for any reason, the Contest is not capable of running as planned by reason of infection by computer virus, worms, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which Administrator, in its sole opinion believes could corrupt or affect the administration, security, fairness, integrity or proper conduct of this Contest, Administrator reserves the right at its sole discretion to cancel, terminate, modify or suspend this Contest and select the Winners from entries received prior to the action taken or in such other manner as Administrator may deem fair and appropriate.

15. Lost or Corrupted Entries. The Contest Entities, and their parents, affiliated and subsidiary companies and advertising and promotion agencies, assume no liability and are not responsible for, and you hereby forever waive any rights to any claim in connection with, lost, late, incomplete, corrupted, stolen, misdirected, illegible or postage due entries or mail, if applicable; or for any computer, telephone, cable, network, satellite, electronic or Internet hardware or software malfunctions, unauthorized human intervention, or the incorrect or inaccurate capture of entry or other information, or the failure to capture any such information. The Contest Entities, and their parents, affiliated and subsidiary companies, advertising and promotion agencies, are not responsible for any incorrect or inaccurate information, whether caused by registration information submitted by end users or tampering, hacking, or by any of the equipment or programming associated with or utilized in this Contest, and assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to the Contest.

16. Damaged Property. Contest Entities, and their parents, affiliated and subsidiary companies and advertising and promotion agencies, assume no liability and are not responsible for, and you hereby forever waive any rights to any claim in connection with, injury or damage to any entrants or to any other person's computer or property related to or resulting from participating in this Contest or downloading materials from this Contest.

17. Contest Errors. The Contest Entities, and their parents, affiliated and subsidiary companies and advertising and promotion agencies, assume no liability and are not responsible for, and you hereby forever waive any rights to any claim in connection with, errors and/or ambiguity: (a) in the Contest; (b) in any related advertising or promotion of this Contest; and/or (c) in these Official Rules. In the event of any ambiguity(s) or error(s) in these Official Rules, Administrator reserves the right to modify these Official Rules for clarification purposes or to correct any such ambiguity or error(s) without materially affecting the terms and conditions of the Contest.

18. Prizes and Prize Winners. The Contest Entities, and their parents, affiliated and subsidiary companies and advertising and promotion agencies, assume no liability and are not responsible for, and you/entrant hereby forever waive/s any rights to any claim in connection with, the selection and announcement of the Prize Winners, the distribution of the Prizes, the acceptance/possession and/or use/misuse of any part of a Prize and/or any injury or damage to any entrant's or third person's property related to or resulting from any part of a Prize or any part of this Contest.

19. Release and Indemnity. Each entrant in this Contest, including, without limitation, the Prize Winners, hereby releases and agrees to hold harmless the Contest Entities and their parents, affiliates, subsidiaries, advertising and promotion agencies and their respective directors, officers, employees, representatives and agents from any and all liability for any injuries, loss or damage of any kind to person, including death, and property, arising in whole or in part, directly or indirectly, from acceptance, possession, use or misuse of a Prize, participation in this Contest and participation in any activity related to this Contest.

20. Limitation of Liability. IN NO EVENT WILL THE CONTEST ENTITIES, 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 OUT OF YOUR ACCESS TO AND USE OF THE CONTEST OR THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM THE CONTEST. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.

21. Disclaimer of Warranties. THE CONTEST AND PRIZES ARE 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.

22. Identity Disputes. In the event of a dispute as to the identity of a winner based on an email address, the winning entry will be declared made by the Authorized Account Holder of the email address and/or phone number submitted at time of registration into Lucidchart and entry into the Contest. For purposes of these Official Rules, "Authorized Account Holder" is defined as the natural person who is assigned to an email address by an Internet access provider, online service provider or other organization (e.g., business, educational, institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address.

23. Binding Arbitration. The parties waive all rights to trial in any action or proceeding instituted in connection with these Official Rules and/or this Contest. Any controversy or claim arising out of or relating to these Official Rules and/or this Contest shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in the State of Utah, in the City of Salt Lake and judgment on the arbitration award may be entered into any court having jurisdiction thereof.

24. Governing Law and Jurisdiction. This promotion is governed by US law and is subject to all applicable federal, state and local laws and regulations. Void where prohibited by law. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant and Administrator in connection with this Contest, shall be governed by, and construed in accordance with, the laws of the State of Utah, U.S.A., without giving effect to the conflict of laws rules thereof, and any matters or proceedings which are not subject to arbitration as set forth in Section 21 of these Official Rules and/or for entering any judgment on an arbitration award, shall take place in the State of Utah, in the City of Salt Lake.

25. Winner List/Official Rules. For the name of the Prize Winners send a self-addressed stamped envelope for receipt by February 28, 2012 to "Winner's list: Chrome Cr-48 Notebook Giveaway c/o Lucid Software Inc, PO Box 900501, Sandy, UT 84090”. For Official Rules send a self-addressed stamped envelope to the above address marked "Official Rules: Chrome Cr-48 Notebook Giveaway” for receipt by January 31, 2011. The full name of the Prize Winners may be posted and the Official Rules will be posted on lucidchart.com.