
1. INTRODUCTION
This document describes the official rules of the Mint Contest organized by the Mint Software, Inc. ("Mint" or the "Sponsor"). The object of this contest (the "Contest") is to collect and share videos and stories developed by creative people from around the United States and to use them to educate, entertain, and inform viewers and readers. The Contest entries may be used by Mint in its marketing efforts, both online and offline.
2. DEFINITIONS
"Work" means a video clip or written story as a copyrightable work of authorship created by the Entrant for this Contest.
"Entrant" means the individual or organization that offers the Work under the terms of this Contest.
3. ACCEPTANCE
Participation constitutes Entrant's full and unconditional agreement to and acceptance of these official rules. By participating in the Contest, Entrant is representing and warranting that he/she has read and understood, and agrees to be bound by, these rules. Including the guides and rules referred to herein, these official rules constitute the entire agreement between the Entrant and the Sponsor in relation to the Contest. They govern the Entrant's participation and supersede any prior agreements between Entrant and the Sponsor and relating to the contest.
4. ELIGIBILITY
NO PURCHASE IS NECESSARY TO PARTICIPATE IN THE CONTEST. Entrants are not required to become a Mint customer to enter. Registering with Mint on Mint's website located at www.mint.com or acting on Mint's savings recommendations will not improve Entrant's chances of winning the Contest. The Contest is open only to individuals who are 18 years of age or older as of the date of entry, are legal residents of the 50 United States or the District of Columbia and who have an email account as of the date of entry. Employees of Mint and its parent companies, subsidiaries, affiliates, suppliers, franchises, distributors, advertising agencies, and families, and persons living in the same household as such employees, are not eligible to participate. The Contest is subject to all national, federal, state and local laws and regulations. VOID IN PUERTO RICO, THE U.S. VIRGIN ISLANDS, U.S. MILITARY INSTALLATIONS IN FOREIGN COUNTRIES, COUNTRIES OUTSIDE OF THE UNITED STATES AND VOID WHERE PROHIBITED.
5. SEVERABILITY
When any provision of the Contest is found to be invalid by a court of competent jurisdiction, the parties nevertheless agree that the court should endeavor to give effect to the intentions of the parties as reflected in the provision, and that the other provisions of the Contest remain in full force and effect.
6. CONTEST PERIOD
The contest begins at 12:00:00 a.m. Eastern Standard Time on January 31, 2008 and ends at 11:59:59 p.m. Eastern Standard Time on March 15, 2008 ("Contest Period").
7. HOW TO ENTER
To enter, go to www.contest.mint.com and enter a text story or upload a video about your holiday shopping and spending experience.
Text stories for the Contest shall not exceed 1000 words. Video entries cannot exceed four minutes or 20 MB, whichever is less. The Work must not mention the full personal name and/or contact information of any individual that is named in the story. The Contest is only open to amateur writers. Professional writers (persons who have been paid for their writing in the past one year) are not eligible.
Works submitted will not be returned or acknowledged. Proof of sending will not be deemed to be proof of receipt by Sponsor.
Only one entry per unique email address. Entrant may submit multiple video and text story entries as long as each entry: (1) materially differs, in Mint's sole discretion, from the Entrant's other entries, and (2) is from a different email address. Each Entrant must be the named and authorized account holder of the email address submitted in connection with that Entrant's Work. In the event of a dispute over the identity of an online Entrant, the Work will be deemed submitted by the authorized account holder of the email account of the email address submitted at the time of entry. "Authorized account holder" is defined as the natural person who is assigned to an email address by an Internet access provider, on-line 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.
Sponsor has the right (though not the obligation) to, in Sponsor's sole discretion, reject or remove from Sponsor's websites, servers and computer systems any Work that, in Sponsor's reasonable opinion, violates these official rules or any applicable Sponsor policy or is in any way harmful or objectionable.
8. JUDGING AND SELECTION OF A WINNER
The judging of the Contest will be broken into 2 phases. In the first phase (which will take place from January 31, 2008 through March 15, 2008), judging of all entries will be done by visitors to www.contest.mint.com. The website visitors will rate the entries with 1 to 5 stars. One star will be considered the lowest rating and 5 stars will be considered the highest rating. The top 10 videos and the top 10 text stories will be determined by the entrants having the highest score. The total score for each entry is determined by the number of stars awarded by website visitors for the entry multiplied by the total number of website reviewers for each entry.
In the second phase (which will take place on March 15, 2008 through March 30, 2008), the top 10 videos and the top 10 text stories from the first phase will be judged by a panel of experts on the following 3 criteria: (a) Originality/Creativity in telling the story (65%), (b) Humor (25%), and (c) Appropriateness to the Subject Matter (10%). The Entrant whose video and the Entrant whose text story earns the highest overall score will each win the Grand Prize. In the event of a tie, the winners will be re-judged based solely on the Originality/Creativity criterion.
Winner selection will be conducted by a panel of judges comprised of the management of Mint Software along with other experts as determined by Mint Software. The decisions of the judging panel are final and binding on all matters relating to the Contest. All winners must sign and return an affidavit of eligibility, liability/publicity release and royalty-free license to the Sponsor no later than 10 days after the date upon which the winner receives notice that he or she has won. If the winner does not timely provide the Sponsor with such affidavit and release, the winner will forfeit the prize, and the Entrant having the next highest score will be deemed to be the winner.
9. PRIZES
There will be 1 Grand Prize awarded for the best video entry and 1 Grand Prize awarded for the best text story (for a total of 2 Grand Prize Winners). Mint will pay the outstanding balance on each of the two winner's credit cards as of December 31, 2007 up to $4,999.99. If the outstanding balance on a winner's credit cards is less than $4,999.99, Mint will only pay up to the amount of the actual outstanding balance. (For example, if a winner has an outstanding balance of $2,500.00 on all of his or her credit cards as of December 31, 2007, Mint will only pay $2,500.00.) The winners will also receive a free credit counseling program from InCharge Debt Solutions of Orlando, Florida, worth $266. Credit cards may be in the winner's individual name or held as a joint account; provided, however that each winner must provide Mint with written proof that it is an account holder on each applicable account. Total ARV of all prizes: maximum of $10,530.
There will be no substitution of prize, (including without limitation cash substitutions), except by Sponsor in which case a prize of greater or equal value will be substituted. The odds of winning depend on the number of eligible entries received.
Winners will be notified by email on or about April 1, 2008 and will be given instructions on how to claim the prize. If a winner cannot be notified within 5 days after his or her selection, or in the event of non-compliance with any of these requirements, the prize will be forfeited, and the Entrant having the next highest score will be deemed the winner. In the event of a dispute concerning the identity of the person submitting an entry online, the entry will be deemed to be submitted by the person in whose name the email account is registered. Winners may be required to provide evidence of identity in connection with claiming the prize. Winners will also be required to provide a copy of their credit card statements for payment.
The winners are solely responsible for paying all income tax and any other federal, state or local taxes, if any, on the value of the prize.
10. ENTRANT REPRESENTATIONS AND WARRANTIES; INDEMNIFICATION
By participating in the Contest, the Entrant warrants and represents in connection with the Work submitted that: (a) the use of the Work, as described below, will not infringe the proprietary rights, including without limitation the intellectual property rights, of any third party; (b) the use of the Work, as described below, will be in compliance with any third-party licenses pertaining to the Work; (c) the Work is not obscene or libelous, and does not violate the right of privacy or publicity of any third party; (d) the Entrant has accurately categorized and described the type and nature of the Work on the entry page; (e) the Work has not been previously published or submitted in any other contest or competition and/or to any media; (f) the Work is an original work; (g) the Entrant will not upload, post or transmit any materials that contain any computer viruses, easter eggs, worms, trojan horses or other harmful components or programming routines to the Mint site; (h) the Work and its use as described below will not violate any federal, state or local laws or ordinances. By participating in the Contest, Entrant agrees to hold harmless Sponsor, its officers, directors, employees, divisions, affiliates, subsidiaries, advertising and promotional agencies, from any claim by any third party relating to any rights in any Work submitted.
11. INTELLECTUAL PROPERTY RIGHTS
By participating in the Contest, Entrant hereby assigns and transfers to Sponsor all right, title, and interest to the Work. Sponsor shall have all rights to copy, edit, broadcast, publish, and use, in whole or in part, any Work, and any other intellectual property protected or protectable materials submitted by Entrant, in any manner and in any format now known or later developed without further compensation during and after the contest period, except where prohibited by law. Mint shall be the exclusive owner of all copyright and other rights in and to all tangible works incorporating any or all of the Work, and will be able to perpetually use and license to third parties such tangible works for Mint's business purposes. Entrant understands and agrees that Mint will not pay Entrant in connection with the Work or Mint's use or commercial exploitation thereof. Entrant hereby grants to Mint an irrevocable, non-exclusive, fully paid-up, royalty-free, worldwide right and license to use and to authorize others to use, all or party of my name, gender, age, voice, image, likeness and any biographical facts which may have been provided by me in any material derived therefrom, all of the foregoing for Mint's business purposes.
12. AUTHORIZATION TO USE YOUR NAME
Acceptance of a prize constitutes consent and agreement to use winner's name, photo and Work and likeness for editorial, advertising and publicity purposes, without further compensation during and after the Contest Period, except where prohibited by law.
13. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
By participating in the Contest, the Entrant agrees to be bound by these official rules, including all eligibility requirements and all decisions of the Sponsor and Entrant agrees to release Sponsor, its affiliates, and their directors, officers, employees and agents from any and all liability arising out of Entrant's participation in this Contest with respect to the awarding, receipt, use and/or misuse of any prize, including without limitation, personal injury, death, and property damage, and claims based on publicity rights, defamation, or invasion of privacy.
THE SPONSOR MAKES NO WARRANTY, REPRESENTATION, OR GUARANTEE OF ANY KIND, EXPRESSED OR IMPLIED, IN FACT OR IN LAW, RELATING TO THE CONTEST AND/OR THE PRIZES. NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, BY PARTICIPATING IN THE CONTEST, THE ENTRANT AGREES THAT IN NO EVENT WILL SPONSOR OR ANY SPONSOR ENTITY BE LIABLE TO ENTRANT OR ANY OTHER PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, REGARDLESS OF THE BASIS OR NATURE OF THE CLAIM, RELATING IN ANY MANNER TO THESE OFFICIAL RULES, THE CONTEST OR ENTRANT'S PARTICIPATION THEREIN, EVEN IF SPONSOR OR A SPONSOR ENTITY WERE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE ENTRANT FURTHER AGREES THAT IN NO EVENT WILL THE LIABILITY OF SPONSOR OR ANY SPONSOR ENTITY RELATING IN ANY MANNER TO THESE OFFICIAL RULES, THE CONTEST OR ENTRANT'S PARTICIPATION THEREIN EXCEED THE GREATER OF $1 OR AMOUNTS PAID BY ENTRANT IN CONNECTION WITH THE CONTEST. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO ENTRANT.
By participating in the Contest, the Entrant agrees that the Sponsor is not responsible, and will in no event be held liable, for any: (a) lost, late, illegible, misdirected, damaged, incomplete, stolen or garbled entries; (b) error, omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to or alterations of entry materials or for technical network, telephone equipment, electronic, computer hardware or software malfunctions of any kind or inaccurate transmission of or failure to receive entry information by Sponsor on account of technical problems or traffic congestion on the Internet or at any web site or any combination thereof; (c) communication disruption or other disruptions related to Internet traffic, virus, bug, worm, or non-authorized intervention; or (d) damage caused by a computer virus or otherwise resulting to any computer from Entrant's access of the Contest website. If such malfunction, error, disruption, or other damage occurs or impairs the administration, security, fairness, or integrity of the Contest, Sponsor may, in its sole discretion, suspend, modify or terminate the Contest by posting a notice at www.contest.mint.com. If the Contest is terminated before the scheduled end of the Contest Period, Sponsor will determine the winner from all eligible entries received as of the termination date. Persons found tampering with or abusing any aspect of the Contest, or whom Sponsor believes to be causing any malfunction, error, disruption, or damage will be disqualified. Sponsor reserves the right to disqualify any unauthorized entries, including, without limitation, multiple entries from the same e-mail address, mass entries, or any entries made through robotic, automatic, mechanical, programmed or similar entry duplication method and to disqualify any individual using such a method.
14. PRIVACY
Information collected from entrants is subject to Mint Software's security and privacy policy available at http://www.mint.com/privacy.html
15. TRADEMARK INFORMATION
The names Mint and Mint Software, Inc., as well as the Mint logo ("Mint Marks"), are all registered or common law trademarks of Mint. Mint hereby grants Entrant a non-exclusive, non-sublicensable, non-distributable license to use the Mint Marks for the sole purpose of preparing the Work. Mint reserves all right title and interest in and to the Mint Marks. All goodwill resulting from Entrants' use of the Mint Marks shall inure to the benefit of Mint.
16. LITIGATION
The interpretation and enforcement of these official rules will be governed by the laws of the State of California, USA. The Entrant and the Sponsor agree to submit all disputes arising out of or relating to these official rules or the Contest to, and hereby waive any objection to the exclusive jurisdiction and venue of, the state and federal courts located in Santa Clara County, California. These official rules will be void where any provision thereof would be found invalid by a court of competent jurisdiction. If Entrant is a resident of such a jurisdiction, Entrant may not participate in the Contest.
17. NAME OF WINNER
For a winners list, send a stamped, self-addressed envelope after April 1, 2008 to: Contest Winner List at Mint Software, 280 Hope Street, Mountain View, California, 94041. Vermont residents may omit return postage. Alternatively, Entrant may view the winners' list at www.mint.com.
18. WAIVER
No waiver by a party of a breach of any provision of these official rules or failure by a party to exercise any right under these official rules will operate or be construed as a waiver of any subsequent breach of that right or as a waiver of any other right.