CONTEST RULES, TERMS and CONDITIONS
1. ELIGIBILITY
a. The Free Music! Contest (the “Contest”) is open to all US Citizens (the “Contestant”) living in the US, provided that they are at least 21 years of age or have obtained consent from their parent or guardian to enter this Contest.
b. Employees of Jook, Inc. (“Jook”), its affiliates and related entities, and such employees’ immediate family members, are not eligible to participate in the Contest.
2. ENTRIES
To take part in the Contest, the Contestant is required to submit his name, email address and personal details at http://jook.us/ (the “Site”) and to take such further steps as the Site may specify.
3. WINNER
a. Jook shall select a winner or winners (“Winner”) for the Contest at random and as its sole discretion. Jook reserves the right to select any number of winners, depending on the number of entries.
c. The Winner(s) will be selected in or about the week beginning [1st of October, 2008] and announced on www.jook.us on or before [25th of October, 2008]. The winners will also be notified by email.
d. The Winner shall receive two (2) free Jook devices. (the “Prize”).
4. DISQUALIFICATION
a. All entrants agree to be bound by these rules. Jook, in its sole discretion, further reserves the right to disqualify any person for (i) violating any of these rules, (ii) tampering with the entry process or the operation of the Jook website, (iii) gaining an unfair advantage in participating in the contest, (iv) obtaining winner status using fraudulent means, or (v) engaging in otherwise unsportsmanlike, disruptive, annoying, harassing, or threatening behavior.
b. In the event of any attempt by an entrant or any other individual to deliberately circumvent, disrupt or damage ordinary and normal operation of the contest, telephone systems or website, or otherwise undermine the legitimate operation of the contest, Jook reserves the right to seek damages to the fullest extent permitted by law.
5. PRIZES
a. Prizes are specified within specific contest rules.
b. Prizes must be accepted as awarded, and cannot be transferred or assigned. Prizes are non-exchangeable, and winners are not entitled to any substitution or cash equivalent.
c. Jook reserves the right, in its sole and absolute discretion, to substitute a prize with another of equivalent kind or approximate value in the event of the unavailability of any prize or component of the prize for any reason whatsoever.
d. Taxes, if any, on prizes are the sole responsibility of the prize winners. Prior to the delivery of any prize, Jook reserves the right to collect from the winner any taxes it deems appropriate.
e. Winners will be selected as described in the specific rules of each contest, and will be notified by email.
f. In the event that a prize is mailed to the winner, the winner assumes the risk of the prize’s safe arrival.
g. Winners must provide proof of age and photo identification before any prize will be awarded. The only accepted types of photo identification are government issued photo identifications, including a valid driver’s license or passport. Jook reserves the right to deny awarding the prize if the winner fails to provide satisfactory identification, as determined in Jook’s sole discretion.
h. In addition, winners agree to execute a declaration of eligibility, indemnification and release of liability before any prize is awarded. Failure to execute any of these documents or comply with any of the terms will result in forfeiture of the prize.
i. Winners must claim and pick up their prize by the deadline specified, or thirty (30) days from the date their name is first announced if a deadline is not specified. Failure to claim and pick up prize within this time for any reason will result in forfeiture of the prize. Jook reserves the right, in its sole discretion, to award unclaimed prizes to alternate contestants or not to award the unclaimed prizes.
j. Any additional costs relating to the prizes, and incurred as a result of accepting the prizes, is the sole responsibility of the winner.
TERMS AND CONDITIONS
1. GENERAL TERMS
a. Except as otherwise provided in specific contest rules, entries may be submitted via Jook’s website www.jook.us, and must be completed and received on or by the closing date of the contest. Entries received by telephone, fax, postal mail, courier or personal delivery will not be accepted.
b. Entries that are late, incomplete, illegible, damaged, irregular or do not conform to or satisfy any condition of the rules may be disqualified.
c. Entries must include entrant's name, address, daytime telephone numbers and age.
d. By entering the contest, the entrant accepts and agrees to abide by these rules.
e. Jook shall not be responsible for lost, misdirected or delayed entries.
f. By entering the contest, entrant automatically grants Jook the right to record, publicize and/or use the entrant’s name, character, photograph, likeness and voice for promotional purposes, without further obligation or compensation to the entrant.
g. As a condition of entry, all contest entries become the sole property of Jook. By entering the contest, the entry submitted by the entrant shall belong absolutely to Jook and may be used by Jook for any purpose whatsoever, without further obligation or compensation to the entrant. All entries shall be retained by Jook and cannot be returned to the entrant, for any reason.
2. RESTRICTIONS AND LIMITATION OF LIABILITY
a. In consideration of Jook contemplating the entrant’s entry and participation in the contest, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the entrant does hereby COVENANT NOT TO SUE, FULLY RELEASE AND FOREVER DISCHARGE Jook USA Ltd and each of its affiliates, partners and related entities, and each of their respective directors, officers, employees, agents, insurers, attorneys, shareholders and representatives, from and against any and all actions, charges, claims, losses, costs, damages, expenses (including attorneys’ fees and expenses) and liabilities of any kind or character, whether known or unknown, in connection with, arising out of or in any way related to entrant’s participation in any contest.
b. Jook, its affiliates and related entities, their officers, directors, agents, shareholders, insurers, and employees, assume no responsibility or liability whatsoever for damages, loss or injury resulting from the entrant participating in any contest, attending any related events, and/or accepting or using any prize awarded. Jook shall not be liable for any typographical, administrative, production or distribution errors that may occur in the execution of any contest or in any contest material.
c. All personal information collected in connection with the contest will be subject to Jook’s Privacy Policy available at Jook’s website www.jook.us
d. Jook reserves the right to vary, withdraw or terminate the contest at any time without prior notice and without the need to furnish reason, if in its sole discretion, it determines that the contest is not capable of being run as originally planned.
5. ADDITIONAL TERMS AND CONDITIONS
a. These rules apply to all Jook contests unless modified or superseded by rules written for a specific contest.
b. In the event any specific contest rule conflicts with any of the general rules provided herein, the specific contest rules prevail.
c. Jook reserves the right in its sole discretion to supplement or make changes to these rules or the specific contest rules at any time without prior notice.
d. Jook reserves the right in its sole discretion to interpret the rules of any contest, and such interpretation shall be final and binding upon all entrants.
e. Decisions of Jook shall be final in all cases.