Terms and Conditions
This promotion run by Skype Communications S.A. (“Skype”), aka, the “Sponsor”, is subject to the following terms and conditions, and all participants will be deemed to have accepted and to have agreed to be bound by these terms and conditions:
1. This Contest of skill is open to all Skype users who (i) are legal residents of the US, except in Vermont; (ii) who have a valid email address in their Skype Profile; (iii) who have created one SkypeFind listing during the period starting on March 14, 2007 at 14:00:00 (GMT) and ending on July 04, 2007 at 13:00:00 (GMT) (the “Promotion Period”), and (iv) who have a valid Skype account during the Promotion Period. Skype reserves the right to verify the eligibility of users. Eligible participants must be 18 years of age or older as of date of entry. Void in the US state of VT and where prohibited. Employees, directors and officers, and their immediate families (spouse, parents, children, siblings, and their respective spouses), and their respective household members of Skype Communications S.A., its parent company (if applicable), affiliates, subsidiaries, divisions, advertising and promotion agencies are not eligible to enter. Contest is subject to all federal, state and local laws in the US.
2. How to Enter: Eligible users must enter a valid email address in their Skype profile, have a valid PayPal account, and create a SkypeFind listing to reference an existing business on SkypeFind. Eligible users may create several SkypeFind listings. The Eligible user must be the sole author of the listing. Entrants understand and agree that, once created, any SkypeFind listing may be modified, enhanced or altered by other users, at any time, and that such changes may have an impact on participant’s abilities to win. If a dispute results as to the identity of an online entrant, it will be deemed that the online entry was submitted by the authorized Skype account holder who first created the listing, with a least one telephone number, regardless of any other users’ subsequent contribution to the listing.
The listing becomes the property of the Sponsor, and will not be acknowledged or returned. Entry must be in keeping with the Sponsor’s image, and may not be offensive, nor can it defame, or invade upon the publicity rights or privacy of any person or otherwise breach the Community Guidelines or infringe upon any person or entity’s personal or proprietary rights, as determined by the Sponsor in its sole discretion. Incomplete entries or entries not complying with these Terms & Conditions are subject to disqualification. Sponsor is not responsible for late, lost, incomplete, illegible, damaged, or misdirected entries. Sponsor’s decisions are final on all matters relating to this Contest. You will not be eligible to participate in the Contest if your Skype account is not in good standing, as determined by Skype.
3. Determination of Winners: The ten (10) listings that will generate the highest number of Eligible SkypeOut Calls during every week within the Promotion Period will be declared the “Listings of the Week”, subject to validation and verification of eligibility and compliance with these terms and conditions. Listings of the Week will not be eligible to participate for the following weekly Contests.
The listing that will generate the highest number of Eligible SkypeOut Calls during every month within the Promotion Period will be declared the “Listing of the Month”, subject to validation and verification of eligibility and compliance with these terms and conditions. Listings of the Month will not be eligible to participate for the following monthly Contests.
In the event of a tie, the entrants involved in the tie will be asked to submit an essay of 250 words or less stating how using Skype has changed the way you communicate with your friends and family. Essays will be judged and scored based on the following criteria: Creativity and Originality – 40%; Clarity of Writing and ability to communicate – 20%; Passion for using Skype – 40%. Judging will be performed by judges selected by the Sponsor. The top-scoring entry will be declared the winner, subject to validation and verification of eligibility and compliance with all terms and conditions set forth in these Official Rules. In the event of a tie, the entries involved in the tie will be reviewed by an additional judge who will serve as a tiebreaker and who will evaluate entries according to the criteria listed above. The decisions of the judges are final and binding on all matters relating to this Contest (“Judges”).
In order to determine the Winner, Sponsor will only take into account the calls to the listed telephone number from unique users, using SkypeOut (“Eligible SkypeOut Calls”). Only one call per user and per number will be eligible. Calls from the Entrant to the number he/she listed are not eligible.
If Skype has suspicions or knowledge that any participant tries to artificially increase the number of Eligible SkypeOut calls to any listed number, Skype reserves the right to exclude participants from this promotion at any time and at its sole discretion.
4. Prizes: The users who created the Listings of the Week (the “Weekly Winners”) will receive $3,50 on their Skype account (the “Weekly Prize”).
The users who created the Listings of the Month (the “Monthly Winners”) will receive $650 (the “Monthly Prize”) in cash to be paid on their PayPal account.
A limit of one Weekly Prize and one Monthly Prize per person applies. The result of the contest will be communicated by email to the Winners no later than 14 days, provided that the Winners provided Skype with a valid email address. Prize is subject to availability and Sponsor reserves the right, in its sole discretion, to award a prize of equal or greater value if advertised prize is unavailable. Prize is not transferable; no substitutions or cash equivalents are permitted, except by the Sponsor at their sole discretion. All taxes and any other costs related to a prize not specifically stated within these Terms & Conditions are the sole responsibility of the winner. All prizes will be awarded provided there are a sufficient number of entries received. Any and all guarantees and warrantees are subject to the manufacturer’s terms and conditions, and winners agree to look solely to said manufacturers for any such warranty or guarantee claim. By accepting a prize, winner consents to the use of his/her name, image, likeness, photograph, voice, and biographical material for advertising, publicity and promotional purposes by Sponsor, or a party designated by the Sponsor, including but not limited to, any online announcements, without additional compensation, except where prohibited by law.
5. Entrant represents and warrants the following: 1) the entry will not infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; 2) that the listing is not the subject of any actual or threatened litigation or claim; 3) that the material is not obscene, offensive, libelous, pornographic, threatening, abusive, contains illegal content, or is otherwise objectionable, that would constitute or encourage a criminal offense, or that would otherwise give rise to liability or violate any law.
6. Skype reserves the right to either extend or shorten the Promotion Period or to suspend, change or cancel any element of the promotion at any time. If in the opinion of Skype, there is any suspected or actual evidence of electronic or non-electronic tampering with any portion of the Contest, or if virus, bugs non-authorized human intervention or other causes corrupt or impair the administration, security, fairness or integrity and proper play of the Contest, Skype may void any entries they suspect are at issue and award prizes from among all eligible entries received up to the date of cancellation.
7. Any data collected and use thereof shall be subject to Skype’s Privacy Policy.
8. Skype shall not be liable in contract or tort (including negligence) or breach of statutory duty or in any other way, for any loss or damage arising suffered by the participant resulting directly or indirectly from this promotion, to the maximum extent allowed under applicable law. Entrants release and hold harmless Skype, its parent company, affiliates, agencies, and their employees, officers, directors and shareholders (“Releasees”) from any claims, actions, injury, loss or damage of any kind, including but not limited to, personal injury or death, resulting from participating in this Contest or from the acceptance, possession, or use or misuse of any prize awarded or participation in any prize-related activity.
9. Skype reminds participants of the nature and limitations of the Internet and is not responsible for any problems or technical malfunctions of any communications network, online system or computer hardware or software that may affect access to the promotion. Skype is not responsible for technical, hardware or software malfunctions, telephone failures of any kind, lost or unavailable network connections, inability to access a website or submit an email, fraud, incomplete, garbled, or delayed computer transmissions or inaccurate transcription of entry information, whether caused by the Sponsor, users or by any of the equipment or programming associated with or utilized in this promotion or by any technical or human error which may occur in the processing of submissions which may damage a user’s system or limit a participant’s ability to participate in the promotion. Entry materials that have been tampered with or altered are void. Skype reserves the right, in its sole discretion, to cancel or suspend part or all of this Contest at any time without notice.
10. Although Skype will use reasonable efforts to ensure that all information relating to the promotions is accurate, Skype will not be responsible for any inaccuracies found therein.
11. If Skype has suspicions or knowledge that any participant has misused any of the promotions or been involved in any fraudulent or illegal activity relating thereto, Skype reserves the right to exclude participants from this promotion at any time and at its sole discretion.
12. This promotion is governed by US Law. Any services provided under this promotion are subject to these terms and conditions and Skype’s Terms of Service at http://www.skype.com/company/legal/terms/tos_voip.html.
13. Winners List: For the names of the winners, available after July 15th 2007, mail a self-addressed, stamped envelope, by August 15th 2007 to: Skype Contest Winners, 15, rue Notre Dame, L-2240 Luxembourg
14. Sponsor: Skype Communications S.A., 15, rue Notre Dame, L-2240 Luxembourg