Rules for Adobe Presenter 8 Knowledge Sharing Challenge

 

The Adobe Knowledge Sharing Challenge

2012 Official Rules

*NEW* ENTRY SUBMISSION PERIOD EXTENDED TO JANUARY 04, 2013

NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. MUST BE AT LEAST 18 YEARS (OR THE AGE OF MAJORITY WHICHEVER IS OLDER), A LEGAL RESIDENT OF THE FIFTY (50) UNITED STATES OR THE DISTRICT OF COLUMBIA, THE UNITED KINGDOM, NEW ZEALAND, AUSTRALIA, GERMANY, OR CANADA (EXCLUDING QUEBEC) AND CONNECTED TO (“LIKE”) THE ADOBE CAPTIVATE PAGE ON FACEBOOK TO PARTICIPATE. THE CONTEST VOID IN QUEBEC, CANADA, ANYWHERE OUTSIDE THE UNITED STATES, CANADA, THE UNITED KINGDOM, NEW ZEALAND, AUSTRALIA, GERMANY, AND OTHERWISE WHERE PROHIBITED, TAXED OR RESTRICTED BY LAW.

1.       The Contest Sponsor: The Adobe Presenter 8 ‘Adobe Knowledge Sharing Challenge’ (the “Contest”) is sponsored and administered solely by Adobe Systems Incorporated, its affiliates and subsidiaries (collectively “Sponsor” or “Adobe”) from Adobe’s offices in the United States. By participating in the Contest you agree to be bound by the laws of the United States and these Contest official rules (“Official Rules”).

The Contest is in no way sponsored, endorsed or administered by, or associated with Facebook. By entering, you understand you are providing your Contest-related information to the Sponsor and not to Facebook and all inquiries related to the Contest or Sponsor’s use of your personal data should be directed to the Sponsor, not Facebook. Personal data you provide to Sponsor will be used as provided in Section 15 of these Official Rules.

2.       Who Is Eligible To Participate: The Contest is open only to legal residents of the fifty (50) the United States or the District of Columbia, the United Kingdom, New Zealand, Australia, Germany, and Canada (excluding Quebec), who (i) are at least eighteen (18) years of age (or the age of majority where he/she legally resides) at the time of entry; (ii) had access to the internet and (via ownership, complimentary trial or otherwise) a copy of the Adobe Presenter 8 software prior to entry; and (iii) are Facebook users and connected to (“Like”) the Adobe Captivate page, Contest Tab and Adobe Knowledge Sharing application on Facebook (collectively, the “Site”) at the time of entry and throughout the Contest Period (defined in Section 3 below), each such individual an “Entrant,” collectively, the “Entrants”.

Employees and independent contractors, officers and directors of Sponsor, Facebook, and each of their respective parents, affiliates and subsidiaries, and all of their respective agents, representatives, advertising, promotion, publicity, fulfillment agencies, legal advisors, successors and assigns, and/or any other entity or person involved with the production, design, execution, administration, distribution or hosting of the Contest, or judging of entries (collectively, the “Released Parties”), as well as the immediate family members (i.e., spouses, parents, siblings, children, and their respective spouses, regardless where they reside) and persons living in the same household of such persons, whether or not related, are not eligible to enter or win. The Contest is valid only in the fifty (50) United States and the District of Columbia (US), the United Kingdom (UK), New Zealand (NZ), Australia (AU), Germany (DE), and Canada (CA, excluding Quebec) and is subject to all federal, state, territorial, provincial, municipal and local laws and regulations. The Contest is void in Quebec, Canada, anywhere outside the US, UK, NZ, AU, DE and CA, and otherwise where prohibited, restricted, or taxed by law.

3.       Contest Phases and Timing: The Contest entry phase opens at 12:00 a.m. eastern standard time (EST) on October 29, 2012, and closes at 11:59 p.m. EST on November 29, 2012 now extended to January 04, 2013 (the “Entry Phase”), and is followed by separate Sponsor Judging and Winner Notification Phases (collectively comprising the “Contest Period”) as detailed in the table below:

 

Contest Period

 

Entry Phase

Sponsor Judging Phase

Winner Notification Phase

On or about:

Begins 12:00 a.m. EST On:

10/29/2012

11/30/2012 01/05/2013

Ends 11:59 p.m. EST On:

11/29/2012 01/04/2013

12/09/2012 01/15/2013

12/15/2012 01/20/2013

EACH ENTRANT IS RESPONSIBLE FOR ADJUSTING THE TIMING OF THE ENTRY DEADLINES BASED ON HIS/HER RESIDENTIAL TIME ZONES. The Sponsor’s computer is the official time-keeping device for this Contest.

4.       How To Enter:

a.         First:   Use your copy of Adobe Presenter 8 software and Video Creator tool and follow the Entry Guidelines in Section 5 below to create one (1) video (at least one minute in length) comprised of informational, instructional, or other creative content showcasing your knowledge and skills on a subject of your choice and post such video to your personal Facebook page and available for general public viewing (the “Video”). If you do not own a copy of Adobe Presenter 8 software, you may download a complimentary 30-day trial version by visiting http://www.adobe.com/products/presenter.html and clicking the “Try” button;

b.         Next:   Anytime during the Entry Phase, visit the Site at http://www.facebook.com/adobecaptivate/app_415331935201198 and (if you are not already connected) follow the onscreen prompts to “Like” the Site and use the Contest Adobe Knowledge Sharing application to submit a link of the Video, along with your name, email address, age or month and year of birth, and other required information (for Contest eligibility and administration purposes) and acknowledge your acceptance of these Contest Official Rules, as directed (all elements together comprising the eligible “Entry” or “Entries”).

Limits on Entries: For each Entry received, the Entrant will receive one (1) entry in the Contest. Each entrant may submit as many Entries as he/she likes during the Contest Entry Phase, but each Entry must contain new original informational, instructional or training content showcasing the Entrant’s knowledge and skills on a chosen subject, and, regardless of the number of Entries entered, each Entrant is only eligible to win one (1) prize in this Contest. To be considered eligible for prizes, completed Entries must be entered electronically (with all information required for Contest eligibility and administration purposes), submitted through the Contest Tab and Adobe Knowledge Sharing application on Facebook during the Entry Phase, and received by 11:59 p.m. EST on 11/29/2012 01/04/2013. No other methods of Entry will be accepted. Entries will not be acknowledged or returned.

5.       Entry Guidelines: All Entries must conform to the Entry Guidelines and Video Content Restrictions below (collectively, the “Entry Guidelines”) and be in good taste and in keeping with Sponsor’s image, as determined by Sponsor in its sole discretion. By submitting, uploading, posting, disclosing or otherwise making an Entry available in this Contest each Entrant warrants and represents that he/she has the legal right and necessary permission(s) to do so and that his/her Entry (including any Video submitted as part of his/her Entry) conforms to the following Entry Guidelines:

Entry Guidelines and Video Content Restrictions:

  • Video(s) must contain only the original performance and/or previously unpublished work (footage, audio, script or text, images, artwork, music and other original creative materials) of the Entrant;
  • Video(s) must be informational or instructional or training content showcasing once knowledge and skills;
  • Video(s) must be created (captured, edited and outputted) using the Adobe Presenter 8 software and Video Creator tool and may be saved for display purposes to any compatible commercially available file format (i.e., .flv, .mp4, .dv, .dvi, .mov, .asf, . wmv, .mpg, etc.);
  • No Video can be longer than 10 minutes in duration.
  • Video(s) must not have been previously submitted in a promotion of any kind or used for any other commercial or non-personal public purpose;
  • If the likeness of a person appears in any Video, it should be only that of the individual Entrant however, in the event Video(s) additionally contains the likeness of persons other than the Entrant, then by submitting the Video, each Entrant represents he/she has permission from all recognizable persons (including the parent or legal guardian of any minor child) featured in the Video to use such person’s name and/or likeness and to grant the rights granted in these Official Rules. If requested, Entrant must be able to demonstrate proof of such permissions in a form acceptable to Sponsor;
  • Video(s) must not contain images or depictions of historical landmarks, or images or artwork not created by the Entrant and must not use any property or rights belonging to a third party or otherwise infringe or violate any rights of any third party, including but not limited to privacy, publicity or intellectual property rights, including patents, copyrights, trade names, trademarks, logos, or any other rights of any person or entity;
  • Video(s) must be suitable for publication and viewing by all ages and must not contain material that is inappropriate, indecent, obscene, tortious, defamatory, harassing, grossly harmful, slanderous, libelous, disparaging, or that is ethnically objectionable, or promotes bigotry, racism, hatred, harm or discrimination against any group, individual, or entity (as determined by Sponsor), or any other material that is otherwise unlawful, or in violation of or contrary to the laws or regulations in the jurisdiction from where the Entry is sourced or submitted;
  • Video(s) must not violate the online terms of use or privacy policy applicable to any website or online platform where the Entry-submitting mechanism for this Contest is hosted.

By participating in the Contest, each Entrant accepts and agrees Sponsor, in its sole discretion, may refuse an Entry, or remove an Entry from the Site public viewing gallery and disqualify an Entrant from the Contest if they believe an Entry fails to conform to the Entry Guidelines or is otherwise not in compliance with these Official Rules.

6.       Sponsor Judging Phase and Winner Selection: During the Sponsor Judging Phase beginning at 12:00 a.m. EST on November 30, 2012 January 05, 2013, and ending 11:59 p.m. EST on December 09, 2012 January 15, 2013, a panel of qualified judges and industry experts designated by Sponsor (the “Judges”) will, in their sole discretion, evaluate and score all eligible Entries received, and select the three (3) highest-ranked Entries (i.e., the potential first, second and third prize “Winners”) based on each Entry’s cumulative score using the below weighted criteria (“Judging Criteria”):

  • 33% Message conveyed through the Video
  • 33% Techniques Used
  • 34% Creativity

In the unlikely event of a tie during the Sponsor Judging Phase, the Winner among the tying Entries will be selected based on the Entry with the highest score in the Creativity category. Sponsor and/or Judges reserve the right in their sole discretion to select fewer than the stated number of Winners in the event of an insufficient number of eligible Entries, or an insufficient number of eligible Entries meeting the minimum Judging Criteria.

Public Ratings and Rankings:  Visitors to the Contest Site and public Video viewing gallery may have the opportunity to “Like,” rate, or comment on Entrant’s Videos, however, the ultimate outcome and determination of the first, second and third prize Winners in this Contest will be determined solely on the skill-based evaluation and scores received during the Sponsor Judging Phase, not on the number of “Likes,” ratings, or comments received from the viewing public.

7.       Winner Notification: On or about December 15, 2012 January 20, 2013, the potential first, second and third prize Winner(s) emerging from the Sponsor Judging Phase will each be notified by an email sent to the email address specified at the time of entry.

Potential Winners may be required to complete and return an Affidavit of Eligibility and, except where prohibited, Liability/Publicity Release and/or other documents (for residents of Canada, a Declaration of Compliance and Release of Liability and Publicity), in the form provided by Sponsor, within ten (10) days of attempted notification in order to claim the prize. If a Winner is a minor in his or her location of residence, then the prize will be awarded in the name of the minor’s parent or legal guardian, who will be responsible for signing any necessary affidavits and releases.

In the event a potential winner cannot be contacted, is contacted and does not respond or does not respond timely with all required information, or otherwise fails to claim the prize as directed within the time allotted following attempted notification, refuses the prize, is ineligible to accept the prize, or is otherwise not in compliance with these Official Rules, or if the attempted prize notification is returned as undeliverable, the prize at issue may be forfeited and, at Sponsor’s sole discretion, awarded to an alternate winner based on the Entry with the next highest Sponsor Judging score.

An Entrant is not a Winner, even if a prize notification is received, unless and until the Entrant’s eligibility and the potential winning entry has been verified and the Entrant has been notified that verification is complete. Potential winners must continue to comply with all terms and conditions of these Official Rules.

8.       Prizes: A total of three (3) prizes will be awarded in this Contest as follows. The aggregate value of all prizes in this Contest is Seven Thousand and Sixteen dollars ($7,016.00 USD).

One (1) First Prize: The Entrant with the highest scoring Entry will receive one (1) First Prize in the amount of Three Thousand dollars ($3,000.00 USD) awarded in the form of an American Express gift card.

Two (2) Runner-Up Prize Packages: The Entrants with the second & third highest scoring Entries will each receive one (1) Runner-Up Prize Package comprising of one (1) Adobe eLearning Suite 6 software, Approximate Retail Value (ARV): $1799.00 USD; one (1) Logitech HD WebCam, ARV: $79.00 USD and one (1) Blue Yeti Mic, ARV: $130.00 USD. Each Runner-Up Prize Package ARV: $2008.00. Total aggregate Runner-Up Prize Package ARV: $4016.00 USD.

Odds of winning: This is a skill-based Contest and chance plays no part in determining the Winners. The odds or likelihood of winning a prize in this Contest will depend on the number and quality of eligible Entries received and the relative skill of each Entrant.

All prizes are awarded “as is” with no warranty or guarantee, either express or implied. Prizes may not be substituted, assigned or transferred, or sold, however, Sponsor reserves the right, at its sole discretion, to substitute a prize (or portion thereof) with one of approximately equal or greater value. All prize details as well as the method of prize delivery are at Sponsor’s sole discretion. Winners are responsible for all applicable federal, state, territorial, provincial, municipal and local taxes, and any other costs and expenses associated with prize receipt, acceptance and/or use not specified herein as being provided. Use of any prizes comprised of gift cards, software, or online services access is subject to any use terms and/or conditions that accompany or are specified thereon by the product issuer or service provider. Any costs associated with currency exchange are the sole responsibility of the Winners. Only the advertised number of prizes and those claimed in accordance with these Official Rules will be awarded. Winners may be required to provide a shipping address and proof of residency in their country of residence to claim prize. Sponsor will arrange for prizes to be delivered to winners. Regardless of mode of delivery, property and risk in and to the prize will pass to the respective winner(s) upon shipment or delivery of prizes by Sponsor to carrier for mailing to winners, and Sponsor will not be responsible for any damage or loss to the prizes after that time. Allow 4-8 weeks for delivery of prizes.

9.       Entrants’ Agreement to these Official Rules and Decisions of Sponsor and Judges: Participation in the Contest and/or receipt of any prize constitute each Entrant’s and Winner’s (each a “Participant”) full and unconditional agreement to and acceptance of these Official Rules, Sponsor’s online Terms of Use and Privacy Policy(available by region and incorporated herein by reference), and Sponsor’s and/or Judges’ decisions, which are final and binding in all matters related to the Contest. Sponsor and Judges will not enter into any correspondence. Winning a prize is contingent upon Entrant(s) fulfilling all applicable requirements as set forth herein.

10.    Entrants’ and Winners’ Ownership and License of Entries; Publicity: Each Participant retains ownership rights in and to his/her Entry. Sponsor does not claim ownership of Participant’s Entries, however, by submitting an Entry and/or by claiming a prize, and solely in connection with promotion, publicity and advertising for this Contest each Participant hereby grants (i) to Sponsor and its agents, a, worldwide, perpetual, royalty-free, non-exclusive, transferable right and fully-paid up, fully-sublicensable license, under any and all such rights, to use, publicly perform and display, publish (or not publish), in whole or in part, his/her Entry, along with his/her name username or screen name, voice, likeness (except if Participant is a resident of Tennessee or otherwise where prohibited by law), together with his/her place of residence, on and through the Site and public viewing gallery, as well as in blog or other commentary postings by Sponsor, without any further attribution, notification, or compensation to the Participant, his/her successors or assigns, or any other person or entity; and (ii) to other users of the Site, a worldwide, perpetual, royalty-free, non-exclusive license to access, distribute and/or display his/her Entry(ies) through the Site and to rate, review, comment on, “Like” and/or tag the Entry(ies) and share the Entry(ies) using commercially available means.

To the extent permitted by law, each Participant waives and releases the Released Parties from any and all claims that he/she may now or hereafter have in any jurisdiction based on “moral rights” with respect to Sponsor’s exploitation of his/her Entry(ies) without further notification or compensation to the Entrant. In the event the preceding waiver of moral rights is unenforceable or invalid, and for the avoidance of doubt, each Entrant acknowledges and agrees that Sponsor is authorized to exercise all moral rights to the Entries.

Acceptance of Entries and/or selection of winners in this Contest creates no obligation (express or implied) on the part of Sponsor to use, commercialize or otherwise exploit any Participant’s Entry and Participants are not entitled to any damages or other relief by reason of Sponsor’s use or non-use of any Entry.

11.    General Conditions; Sponsor’s Right to Eliminate Participants/Entries: Proof of submission of an Entry is not proof of delivery or receipt of such Entry by Sponsor. Entries generated by script, macro or other automated means, or otherwise intended to subvert or circumvent the entry process are void. Use of a false email account will disqualify an Entry. In the event of a dispute as to any Entry, or the identity of a Participant, the Entry at issue will be declared to be made by the authorized account holder and natural person assigned by an Internet access provider to the email addressed associated with the Entry and he/she must comply with these Official Rules. Participants may be required to show proof of being the authorized account holder.

Sponsor has the right, in its sole discretion, to reject or void any Entry that incorporates prohibited content or otherwise violates the Entry Guidelines, and/or to disqualify any Participant that (whether in fact or by attempt) subverts, circumvents, or tampers with the entry process or the lawful operation of the Contest or the Site, or who it finds to be acting in an unsportsmanlike or disruptive manner or in a manner otherwise in violation of these Official Rules. Sponsor reserves the right to cancel, terminate or modify the Contest, or any portion, if in its sole opinion, it has been compromised, corrupted, or cannot be completed as planned due to computer virus, bugs, tampering, unauthorized intervention, technical failures, or other conditions beyond their control, including without limitation, an insufficient volume of eligible Entries, and to select potential winner(s) from eligible, non-suspect Entries received on or before the termination date. While Sponsor may take action against fraudulent activities of which they become aware, Sponsor assumes no responsibility or obligation to proactively police Participants’ activities, or to investigate any or all claims of fraudulent activity. Sponsor’s failure to enforce any provision of these Official Rules shall not constitute a waiver of that provision.

12.    Release of Claims; Limitations of Liability; Warranty and Indemnity: The Released Parties do not guarantee the processing or posting of any Entry or the functioning of the Site. The Released Parties are not in any way responsible or liable for any breach of contract or any infringement or other violation of copyright or any other intellectual property right, right of publicity, privacy, or proprietary rights, or for any loss (including loss of opportunity), injury, damage (including, but not limited to, direct, indirect or consequential loss), cost, expense, or claim arising from or in relation to the Contest or any Entry submitted, participation in this Contest or any Contest-related activity, or for the authorized or unauthorized actions of Participants or other third parties. The Released Parties are not responsible for the fraudulent activities of others, or events requiring a cancellation or postponement of the Contest, or the lost, late, intercepted, incomplete, incorrect, inaccurate, delayed, illegible, garbled, damaged, or misdirected Entries or Entries not otherwise received by Sponsor, or for hardware or software malfunctions, failed or unavailable network connections, or delayed electronic or other communications, errors, difficulties or impediments of any kind, whether human, electrical or technical in nature, relating to or in connection with the Contest, its administration, the processing of Entries, or the announcement of prizes or winners.

Participants assume sole liability and accept all risk of loss for injuries, including personal injuries and/or damage to property, caused or claimed to be caused by participating in the Contest, or the acceptance, shipping and handling, receipt, possession, loss, use or misuse of any prize. By participating in the Contest each Participant agrees to the maximum extent allowable under applicable law, to indemnify and keep indemnified, to defend, release and hold the Released Parties at all times harmless from and against any liability, personal injury, death, damages, losses, claims, demands, causes of action, suits or proceedings, costs and expenses (including reasonable attorney’s fees) arising from, accruing out of, or in any way connected with his/her participation in the Contest, any Entry submitted, or any act, default, omission or breach by him/her of any warranty set forth herein, or for the shipping and handling, receipt, possession, loss, use or misuse of any prize awarded, except for residents of Germany with respect to claims resulting from death or personal injury arising from Sponsor’s or its agents’ negligence, or other claims arising from Sponsor’s and/or its agents’ willful misconduct or gross negligence, and for residents of the United Kingdom with respect to claims resulting from death or personal injury arising from Sponsor’s and/or its agents’ negligence, or the tort of deceit, or any other liabilities that may not be excluded by law.

Participants agree that Sponsor’s only obligation is to accept eligible Entries and submit them to the Contest Judges (and ultimately to award prizes) according to the procedures and criteria set forth herein and subject to these Official Rules and these obligations are fair and adequate consideration for any Entry submitted and that Participant is not entitled to and shall not seek any further compensation.

13.    Not an Offer or Contract of Employment: This is a Contest for prizes only. THIS IS NOT AN OFFER OR CONTRACT FOR EMPLOYMENT. Under no circumstances shall participation in this Contest, the submission of an Entry, awarding of a prize, or anything in these Official Rules be construed as an offer or contract of employment with the Sponsor. Each Entrant hereby acknowledges and agrees that no confidential, fiduciary, agency, or other special relationship or implied-in-fact contract now exists between him/her and Sponsor, and no such relationship is established by his/her decision to submit an Entry in this Contest.

14.    Governing Law; Venue; Disputes: By participating in the Contest, each Participant acknowledges and agrees that all issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules, or the rights and obligations of Sponsor and Participants in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the United States and the state of California without giving effect to any choice of law or conflict of law rules or provisions (whether of the State of California or any other jurisdiction) and each Participant irrevocably consents to the non-exclusive jurisdiction and venue of the federal district court for district where Participant resides (or of Santa Clara County, California if Participant reside outside the United States) with respect to any claim arising out of or in connection with the Contest or these Official Rules.

15.    Personal Data: Personal data collected from Participants in connection with this Contest, including but not limited to name, street or email address or phone, will be transferred to the United States for processing and stored, used and disclosed by Sponsor and its authorized agents in accordance with these Official Rules for purposes of Contest administration and prize fulfillment.

By entering, each Participant consents to the collection, use and disclosure of his/her personal information as described herein (including transfer of his/her personal data to the United States) and agrees to be contacted by telephone, mail, or electronic message regarding this Contest for purposes of Contest Administration and prize fulfillment. Nothing in these Official Rules shall be deemed to restrict or exclude any Participant’s statutory consumer rights pertaining to personal data. Except as otherwise stated in these Official Rules, or on the Site, personal information collected from Entrants by Sponsor is subject to Sponsor’s online Privacy Policy at http://www.adobe.com/privacy/policy.html.

No Opt-In Consent to Future Marketing Required: At the time of entry, or at other times during the Contest Period, Participants may be presented the option to consent (“Opt-In”) to future communications from Sponsor, however, Participants are free to decline this option. Opt-In consent to future communications from Sponsor is not required to participate in the Contest and will not increase or improve one’s opportunity to win.

16.    Winners’ List: Following conclusion of the Contest Period, after all winners have been determined and verified, a winners’ list will be available on the Site for at least two (2) weeks.

17.    Sponsor: The Contest is sponsored by Adobe Systems Incorporated, 345 Park Avenue, San Jose, California, USA 95110.

© 2012 Adobe Systems Incorporated. All Rights Reserved. All trademarks are the property of their respective owners.

 

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