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2007 Holiday Contest Rules

 

NO ENTRY FEE. NO PURCHASE NECESSARY TO ENTER OR WIN. The Contest begins on Nov. 30, 2007 and ends on Dec.18, 2007.

 

1. Overview

 

Thanks for being a loyal Grouply user. As you know, your Grouply experience improves as more of your fellow group members use it. But here’s another reason to invite others to join Grouply—you can win a 16GB iPod Touch or a Nintendo Wii in time for the holidays!

 

How does this work? For each person you refer who signs up for Grouply before December 18, 2007, you will receive one entry in a drawing to win an iPod Touch or Nintendo Wii. The more people you refer to Grouply, the better your chance of winning. And each person who signs up by the deadline is also entered in the drawing, so your friends can win, too! We will choose the winners on December 19 and overnight the prizes—just in time for you to enjoy for the holidays or give as a last-minute gift.

 

What do I do? Just click the Invite to Grouply link in upper right of any page in Grouply to invite friends to join. There you also have the option to invite one or more of your groups all at once, so you can spread the word fast and maximize your chance of winning!

 

2. Eligibility

 

The Grouply Holiday Contest (the “Contest”) is open to legal residents of the U.S. (as well as any jurisdiction where not expressly forbidden by law), aged eighteen (18) or older as of Nov. 30, 2007 who have a valid and active Grouply login at the end of the contest. Employees of Grouply and their respective parent companies, affiliates, subsidiaries, advertising, promotion, fulfillment or other coordinating agencies, individuals providing services to Grouply through an outsourcer or temporary employment agency during the Contest period, and their respective immediate family members and persons living in their same household, are not eligible to enter in the Contest. Participation in the Contest constitutes entrant’s full and unconditional agreement to and acceptance of these Official Rules & Regulations (“Official Rules”). VOID WHERE PROHIBITED.

 

3. To Enter

 

You may enter the Contest as follows:

 

(i) Referrals: Login to Grouply and click the Invite to Grouply link (upper right of any page in Grouply) to invite your friends and groups. Each invite sent via the Invite to Grouply page includes a personalized registration link that tracks your referral. Each person that registers with Grouply using your personalized registration link will represent a single entry in the contest.

 

(ii) Registration: Each person that registers with Grouply for the first time (i.e., does not have a Grouply login before Nov. 30, 2007) during the contest period also receives an entry in the contest. If a person registers for the first time during the contest period, then they may also receive additional entries through referrals (see Section 3 (i) above).

 

Any use of robotic, automatic, programmed or the like entry methods will void all such entries by such methods. Entrants with duplicate entries or registrations or false or phony registrations will be disqualified.

 

Entrants violating any of these Official Rules may be disqualified.

 

4. Prizes and Odds

 

There will be two (2) prizes available to be awarded from the Contest as follows:

 

(i) iPod Touch 16GB: retail value of approximately $399 per winner.

 

(ii) Nintendo Wii with 14 games: retail value of approximately $350-$500 per winner.

 

The winner for each prize will be randomly chosen from among all the entries. Winners will be notified by e-mail. The odds of winning a prize depend on the total number of eligible entries received. No cash or other substitution of prizes is permitted, except at the sole option of Grouply for a prize of equal or greater value. Grouply will not replace any lost or stolen prizes. Winners are solely responsible for any and all federal, state, provincial and local taxes, if any, that apply to prizes.

 

Total value of all prizes to be awarded: $700-$900 (U.S.).

 

5. Notification of Winners and Delivery of Prizes

 

Winners will be notified by e-mail within two (2) business days of the prize drawing, and may be required to sign and return an affidavit of eligibility and publicity/liability release within seven (7) days of notification. If a selected winner cannot be contacted, is ineligible, fails to claim a prize and/or where applicable an affidavit of eligibility and publicity/liability release is not timely received, is incomplete or modified, the prize may be forfeited and an alternate winner will be selected from remaining valid, eligible entries timely submitted. In the event of a dispute regarding who submitted an entry, the entry will be deemed submitted by the authorized account holder of the e-mail account specified in the entry. “Authorized account holder” is defined as the natural person who is assigned to an e-mail address by an Internet access provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. No automatically generated entries will be accepted.

 

Once the winners have responded by e-mail with their shipping addresses, Grouply will make commercially reasonable efforts to overnight the prizes so that they can be received on or before Dec. 25, 2007.

 

6. General Rules

 

By entering the Contest, you agree to be bound by these Official Rules. The Contest is offered by Grouply, which is not responsible for (i) late, lost, delayed, damaged, postage-due, incomplete, illegible, misdirected or undeliverable entries, responses, or other correspondence, whether by e-mail or postal mail or otherwise; (ii) theft, destruction, unauthorized access to or alterations of entry materials; or (iii) phone, electrical, network, computer, hardware, software program or transmission malfunctions, failures or difficulties.

 

You further agree to release, indemnify, defend and hold Grouply and their parent, affiliates, subsidiaries, directors, officers, employees, sponsors and agents, including advertising and promotion agencies, and assigns, and any other organizations related to the Contest, harmless, from any and all claims, injuries, damages, expenses or losses to person or property and/or liabilities of any nature that in any way arise from participation in this Contest or acceptance or use of a prize or parts thereof, including without limitation (i) any condition caused by events beyond Grouply’s control that may cause the Contest to be disrupted or corrupted; (ii) any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of the prize, or acceptance, possession, or use of the prize, or from participation in the Contest; and (iii) any printing or typographical errors in any materials associated with the Contest. Winners agree to be bound by these Official Rules, and the decisions of the judges are final.

 

IN NO EVENT WILL GROUPLY BE LIABLE TO YOU FOR ANY DIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, DATA, BUSINESS OR PROFITS) ARISING OUT OF OR IN CONNECTION WITH YOUR PARTICIPATION IN THE CONTEST, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT GROUPLY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.

 

7. Additional Conditions

 

Except where prohibited, by participating in the Contest, you consent to the use of your name, photo and/or likeness, biographical information, entry and statements attributed to entrant (if true) for advertising and promotional purposes, including without limitation, inclusion in Grouply’ newsletters, the Contest website at www.grouply.com/contests and Grouply’s homepages at www.grouply.com, without additional compensation. All entries, as applicable, become property of Grouply and none will be acknowledged or returned.

 

Grouply reserves the right, in their sole discretion, to cancel, modify or suspend the Contest in whole or in part, in the event of fraud, technical or other difficulties or if the integrity of the Contest is compromised, without liability to the entrant. Grouply reserves the right to disqualify any entrant or winner, as determined by Grouply, in their sole discretion. Contest is subject to these Official Rules and all applicable federal, state, provincial and local laws and regulations apply. As stated above, the Contest is void where prohibited or restricted by law. By participating in this Contest, you acknowledge that you have read these official Rules and agree to abide by them and by the decisions of Grouply, which are final and binding on all matters pertaining to the Contest. These Official Rules are governed by the law of the State of California, without reference to rules governing choice of laws. Any action, suit or case arising out of, or in connection with, this Contest or these Official Rules must be brought in either the federal courts located in the Northern district of California or the state courts located in San Mateo County, California.

 

Grouply may collect personal data about entrants online, in accordance with its privacy policy and as may be more specifically set forth in these Official Rules. Please review these Official Rules and Sponsor’s privacy policy at http://blog.grouply.com/privacy-policy. By participating in the Sweepstakes, entrants hereby agree to Grouply’s collection and use of their personal information and acknowledge that they have read and accepted these Official Rules and Sponsor’s privacy policy.

 

8. Winner’s List

 

Winners will be posted on http://blog.grouply.com. For a list of prize winners, send an email message to feedback@Grouply.com with “Winner’s list” as the email subject and contest name specified in the body of the e-mail.

 

9. Sponsored By

 

Grouply

495 Seaport Ct., Suite 103

Redwood City, CA 94063