MARKETING LAND'S BIGGEST SEARCH GEEK CONTEST
OFFICIAL RULES/TERMS AND CONDITIONS
For residents of the Germany
This contest is conducted in Australia, Canada, Germany, France, United Kingdom and United States. These Official Rules apply to United States participants. If you are an Australia, Canada, Germany, France or United Kingdom participant, please refer to the Official Rules of your country.
For United States participants, read the Official Rules for United States
For United Kingdom participants, read the Official Rules for United Kingdom
For Australia participants, read the Official Rules for Australia
For Canada participants, read the Official Rules for Canada
For France participants, read the Official Rules for France (French)
For Germany participants, read the Official Rules for Germany (German)
In Germany sponsored by Marin Software GmbH, Am Kaiserkai 1, 20457 Hamburg, Germany (the "Sponsor").
NO ENTRY FEE OR STAKE. NO PURCHASE NECESSARY TO ENTER OR WIN.
1. Contest Period: The Contest begins on April 25, 2016 at 09:01 a.m. Central European Time and ends on June 4, 2016 at 08:59 a.m. Central European Time (the “Contest Period”).
2. Eligibility: The Biggest Search Geek Contest (the "Contest") is open to legal residents of Germany, aged eighteen (18) or older and who have an active e-mail account and Internet access, as of the beginning of the Contest Period. Employees of the Sponsor or Third Door Media, Inc./SMX and their respective parent companies, affiliates, subsidiaries, advertising, promotion, fulfillment or other coordinating agencies, individuals providing services to the Sponsor 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. 3. Participation in the Contest: Participation in the Contest is voluntarily and free of charge. No purchase is necessary to enter or win. To participate in the Contest, select the Contest link from the Contest main page on http://biggestsearchgeek.com during the Contest Period. Fill in your personal data and answer all of the questions presented to you on the Contest entry form, which consists of a series of questions in English that you must answer (the “Contest Entry Form”) in English and click on the button to submit the Contest Entry Form before the end of the Contest Period. The Contest Entry Form has to be completely submitted to the server of the Sponsor before the end of the Contest Period, whereby the Sponsor is not responsible for (i) late, lost, delayed, damaged, incomplete, illegible, misdirected or undeliverable entries, responses, or other correspondence outside the sphere of the Sponsor; (ii) destruction, unauthorized access to or alterations of entry materials outside the sphere of the Sponsor; or (iii) phone, electrical, network, computer, hardware, software program or transmission malfunctions, failures or difficulties outside the sphere of the Sponsor. No other kind of participation in the Contest such as by letter, telefax, e-mail or mechanically reproduced mail-in entries are allowed and any use of robotic, automatic, programmed or the like entry methods will void all such entries by such methods. No automatically generated entries will be accepted. The entrant assures that the entry in the Contest Entry Form is his/her own original work and does not infringe the intellectual property or proprietary rights of any third party, including, without limitation, any third party patents, copyrights or trademarks.
By submitting a Contest Entry Form, entrant hereby grants Sponsor and its successors and assigns an irrevocable, worldwide, non-exclusive, royalty-free, sub-licensable (through multiple tiers) and transferable license to use, copy, transmit or otherwise distribute, perform, modify, create derivative works based upon, incorporate into other works, publicly perform, make available to the public and display the Contest Entry Form or any portion thereof, in or through any medium, whether now known or hereafter created.
Nothing herein shall constitute an employment, joint venture, or partnership relationship between entrant and Sponsor.
4. Disqualification: Only one Contest Entry Form may be submitted per person. Entrants submitting multiple Contest Entry Forms will be disqualified. The contents of Contest Entry Forms may not be shared with third parties. Sponsor reserves the right to disqualify any entrants that post or share Contest Entry Form questions or answers.
5. Prize Selection: The entries will be judged and scored based on the number of questions correctly answered in a timely fashion and winners are selected at the sole discretion of the Sponsor. Each of the 20 questions has a possible total of 5 points out of 100. Partially correct multi-part questions will receive partial credit, up to 5 points total per question. The score will be represented as a percentage of total questions answered correctly (for instance answering 15 questions correctly results in 15 x 5 points = 75 points out of 100, resulting in a score of 75%). If any ties must be broken to determine the Grand Prize Winner (defined below), the grand prize will go to the entrant who completed the questions in the least amount of time from beginning the Contest Entry Form (pushing the “Start the clock” button) to submitting the Contest Entry Form. If any ties must be broken to determine other prize winners (as set forth below) with the same score, such other prize will go to the entrant who completed the questions in the least amount of time from beginning the Contest Entry Form (pushing the “Start the clock” button) to submitting the Contest Entry Form. The Grand Prize Winner and other prize winners (as set forth below) will be selected at the offices of Marin Software Incorporated, located at 123 Mission Street, 25th Floor San Francisco, CA 94105 within 7 days of the end of the Contest Period.
6. Prizes and Odds: The odds of winning a prize depend on the total number of eligible entries received.
The prizes to be awarded from the Contest across Australia, Canada, France, Germany, United Kingdom and United States are as follows: The Grand Prize will be awarded to the entrant with the highest number of correct answers and corresponding score (the “Grand Prize Winner”) as described in Section 6 above. In addition and following to the Grand Prize Winner, the Contest entrant from in each of these three (3) geographies (i) United States or Canada; (ii) France, Germany or the United Kingdom; and (iii) Australia who received the highest score in the shortest period of time (the “Geography Winners”) will also receive a prize from the Sponsor as described below. In addition and following to the Grand Prize Winner and the Geography Winners, the fifty (50) Contest entrants who received the highest score in the shortest period of time (the “Runners Up”) will also receive a prize from the Sponsor as described below.
The Grand Prize Winner will receive, subject to the terms of these Rules, (i) a round trip flight or train journey, with hotel accommodation included, for the Grand Prize Winner and a travel companion, to SMX Advanced, which will be held in Seattle, Washington on June 22-23, 2016 at the Bell Harbor International Conference Center and (ii) two All Access Passes to SMX Advanced. If the Grand Prize Winner has already purchased his or her All Access Pass, a refund of the purchase price will be given. In addition, the Grand Prize Winner will receive an award at SMX Advanced presented on stage by a search expert at Marin Software, during SMX Advanced or by a designee of the Sponsor who is a nationally recognized expert in search engines and online search. Approximate value of the Grand Prize is EUR 5,765.
In connection with the Grand Prize, all other costs and expenses not specifically included herein, including but not limited to transportation to gateway; ground transportation; transfers; food; beverages; mini-bar; insurance; gratuities, souvenirs, etc. are the sole responsibility of the winner. Winner and travel companion must travel together and possess necessary travel documents, e.g. valid passport and a visa, at least thirty (30) days prior to travel. The trip is intended solely for attendance at SMX Advanced which will be held on the dates referenced above and for no other purpose. All reservations must be made a minimum of 2 days prior to departure, and are subject to black-out periods and availability. Travel must originate from and end at the same airport or train station. Once travel commences, no stopovers are permitted; if stopover occurs, full fare will be charged from stopover point for the remaining segments, including return, of the trip. No changes will be made to travel details once any portion of travel arrangements has been made. Ticket re-issues and/or time extensions not allowed. Only valid on flights operated on airlines approved by the Sponsor. Flight or train travel details are subject to space availability and carrier's regulations and conditions apply. Certain other restrictions of third parties (e.g. airport regulations) may also apply. The trip may not be combined with any other offer and travel may not qualify for frequent flyer miles. Winner and travel companion will be required to provide valid passport at time of travel; any identification and immigration requirements associated with air travel are the winner's responsibility. The Sponsor will make travel and hotel arrangements for the winner, in reasonable consultation with the winner. Travel companion must be at least 18 years old as of the date of departure unless he/she is minor child of winner. All federal, state, local taxes and airport and customs fees if applicable are winner's sole responsibility. Each of the three (3) Geography Winners will receive one of the following, to be determined by Sponsor in its sole discretion: (i) an Amazon Echo (with approximate retail value of 159 EUR), (ii) an Apple Watch (with approximate retail value 266 EUR) or (iii) a Microsoft Surface Pro 4 (with approximate retail value 801 EUR). Each of the fifty (50) Runners Up will receive a "Search Geek" recognition prize from the Sponsor, comprising (i) an email announcement to the fifty (50) Runners Up, (ii) listing of the name of each of the Runners Up on the official contest website, accessible at http://www.biggestsearchgeek.com/winners, (iii) a digital button (“Digital Button”) to include on the blog/website of each of the Runners Up and (iv) a t-shirt to be picked up at the Sponsor's booth at SMX Advanced or shipped to the Runner Up, if the Runner up is not attending SMX Advanced. The approximate retail value of the “Search Geek” recognition prize is 25 EUR. Runners Up may only display and use the Digital Button on websites owned or operated by them for the purpose of identifying their participation in the Contest. Sponsor owns the Digital Button and any and all goodwill and other proprietary rights that are created by or that result from the Runner Up’s use of a Digital Button hereunder inures solely to the benefit of Sponsor. Runners Up may be required to discontinue their display and usage of the Digital Button if the Runner Up’s use of the Digital Button is inappropriate.
Neither Sponsor nor any agency has arranged for or carry any insurance of any kind for the winners’ benefit or that of their heirs, executors, administrators or assigns, relative to the winners’ use or enjoyment of the prizes, and they are solely responsible for obtaining and paying for any life, travel, accident, property or other insurance relative to their use or enjoyment of the prizes. Prizes are not redeemable for cash and may not be exchanged; nor are prizes transferable, refundable or substitutable except by the Sponsor with one of equal or greater value. The Sponsor will not replace any lost or stolen prizes or awards. Winners are solely responsible for any and all federal, state, provincial and local taxes, if any, that apply to prizes or awards. Total value of all prizes to be awarded: approximately 7,016 EUR. Winners are solely responsible for all income or other taxes, resulting from any prize won by them in the Contest and winners understand that their winning and acceptance of the prizes will be reported by Sponsor to any government agencies as may be required by law. 7. Notification of Winners and Runners Up: Winners and Runners Up will be notified by e-mail within five (5) business days of the selection. The winners/Runners Up will be notified by e-mail and / or telephone as provided by entrant on the Contest Entry Form. If a selected winner or Runners Up cannot be contacted, is ineligible or fails to claim a prize within four (4) weeks of notification, the prize may be forfeited and an alternate winner or Runners Up, respectively, will be selected from remaining valid, eligible entries timely submitted pursuant to Section 6 above. 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.
Allow six (6) to eight (8) weeks for delivery of prizes.
8. Winner's List: For a list of prize winners, send your request and a stamped, self-addressed envelope to Biggest Search Geek Contest, Marin Software Incorporated, 123 Mission Street, 25th Floor San Francisco, CA 94105, USA or send an email message to firstname.lastname@example.org with "Winner's list" as the email subject and ”Biggest Search Geek Contest” specified in the body of the e-mail.
9. General Rules / Liability: The Sponsor shall not be liable for any defect in the prizes. The Sponsor shall not be liable for any damage occurred in connection with the participation in the Contest or using or enjoying a prize, unless such damage was caused by the Sponsor with intent or gross negligence or was culpably caused by the Sponsor in connection with a violation of life, body or health. The Contest and these Rules are governed by German law. The recourse to the courts is excluded.
10. Cancellation of the Contest: The Sponsor reserves the right 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.
11. Use for advertising and promotional purposes: All winners consent to the use of his/her name, photo and/or likeness, voice, biographical information, entry and statements for advertising and promotional purposes, including without limitation, the world wide web, inclusion in the Sponsor's newsletters, the Contest website at http://biggestsearchgeek.com and the Sponsor's homepages at http://www.marinsoftware.com and http://marketinglandevents.com/smx/advanced/ without additional compensation. 12. Data Protection Policy The Sponsor and Marin Software Incorporated, 123 Mission Street, 25th Floor San Francisco, CA 94105, USA may collect personal data about entrants submitted by the entrant in the Contest Entry Form online. The Sponsor and Marin Software Incorporated shall only collect, process and use such personal data in connection with carrying out this Contest as described in the Rules. The Sponsor and Marin Software Incorporated may also use such personal data for the purpose of marketing and selling its products and services to the entrant by e-mail or letter provided that the entrant has granted its consent to such use. This consent will be stored and the entrant may retrieve the content of its consent and this information at any time. The entrant may revoke its consent for the future at any time by means of notification to the Sponsor.
The Sponsor and Marin Software Incorporated may also use such personal data in anonymized form for market research unless the entrant revokes such use by notification to the Sponsor. The personal data will neither be used for other purposes nor transferred to third parties.
Copyright © 2011-2015 Marin Software
August 17, 2015
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