OFFICIAL RULES:
VOID WHERE, OR TO THE EXTENT, PROHIBITED. NO PURCHASE NECESSARY TO ENTER OR WIN.- 1. INTRODUCTION
- This document describes the official rules ("Rules") of the Endeavor "Trick Our Truck" Contest organized by Endeavor Telecom, Inc., (the "Contest"). The object of this contest is to show off your creativity and promote Endeavor as the Truckroll Company. The winning design will be featured in a future issue of Endeavoring, The Endeavor Company Newsletter. Information on how to enter and prizes form part of these Rules. To the extent of any inconsistency, these Rules prevail.
- 2. DEFINITIONS
- "Entry" means a design created by the Entrant for this Contest.
"Entrant" means the individual or group of individuals that offers the Entry under the terms of this Contest.
"Sponsor" means Endeavor, located at 120 Interstate North Parkway, Suite 210, Atlanta, GA 30339. - 3. ACCEPTANCE
- Participation constitutes the Entrant's full and unconditional agreement to and acceptance of these Rules. By participating in the Contest, the 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 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 or other agreements between the Entrant and the Sponsor and relating to the Contest.
- 4. ELIGIBILITY
- The Contest is open only to individuals who are at least 18 years of age and reside in the United States or Canada. Contest is void where prohibited by law. Employees and contractors of Endeavor and their respective parent companies, subsidiaries, affiliates, suppliers, advertising agencies, and families, and persons living in the same household as such employees or contractors, are not eligible to participate. This Contest is governed by the laws of the State of Georgia, United States. The Contest is subject to all applicable, as the case may be, national, federal, provincial, state and local laws.
- 5. SEVERABILITY
- When any provision of these Rules 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 these Rules remain in full force and effect.
- 6. CONTEST PERIOD
- The Contest begins at 8:00 AM Eastern Daylight Time (EDT)/12:00 PM Greenwich Mean Time (GMT) on Friday April 29, 2011 and ends 11:59 PM EDT on Monday July 18, 2011, or until supplies are exhausted. Sponsor may in its sole discretion cancel or postpone the Contest. Registration for the contest will end on Thursday June 30, 2011. After that time, only persons who already have registered will be able to submit photos for consideration.
- 7. HOW TO ENTER
- To enter the Contest, the Entrant must go to http://www.endeavortelecom.com/trickourtruck and click on the "Sign-Up" button. Entrant must provide all requested information in order to receive their Endeavor Truck in the mail. Any incomplete applications will not be accepted.
Registrations must be submitted online by 11:59 PM EDT on Thursday June 30, 2011 and Submissions must be submitted online by 11:59 PM EDT on Monday, July 18, 2011. Each Entrant must be the named and authorized account holder of the email address submitted in connection with that Entrant's Entry. The authorized account holder is the natural person who is assigned to the email address by an internet access provider, online service provider, or other organization that is responsible for assigning email addresses or the domain associated with the submitted email address. Entries submitted will not be returned or acknowledged.
Without limiting any representations or warranties, the Sponsor has the right (though not the obligation) to, in the Sponsor's sole discretion, reject or remove from the Sponsor's websites, servers and computer systems any Entry that, in the Sponsor's sole discretion, violates these Rules or any applicable Sponsor policy or is in any way harmful or objectionable. Sponsor also reserves the right to disqualify any Entrant or Entry at the Sponsor's sole discretion. No correspondence shall be entered into regarding Sponsor's decision. - 8. SUBMISSION CRITERIA
- Entrant may submit only one design, whether Entrant submitted the Entries as an individual, a member of a group, or both. All Entries must meet specific design criteria to be accepted into the contest: (a) all designs must be prominently feature the Endeavor logo; (b) design must be in good taste and free of any profanity or potentially offensive material; (c) save your photo as a BMP, PNG, JPG, or GIF image and upload it to the designated area at http://www.endeavortelecom.com/trickourtruck; (d) photos uploaded to the website will qualify as a submission and will be reviewed by the Sponsor's team. Submission deadline is 11:59 PM EDT, Monday July 18, 2011.
- 9. PRIZES
- There will be three (3) winners, one (1) first place winner, one (1) second place winner, and one (1) third place winner.
The First Place Winner will receive two (2) round trip tickets on Delta Airlines. Restrictions apply.
The Second Place Winner will receive one (1) $250 (US) American Express Gift Card.
The Third Place Winner will receive one (1) $100 (US) American Express Gift Card.
The prizes are non-transferable and no substitution by winner or cash equivalent is permitted. The Sponsor may substitute prize for one of equal or greater value at its sole discretion. Only one prize will be awarded to an Entrant. Please note that if the winner is a group of individuals, then the group will share the above-stated prize. A prize will not be given to each member of the group. The winner will be responsible for all federal, provisional, state, local and other applicable taxes relating to the prize. - 10. JUDGING AND SELECTION OF WINNER
- First Round Judging.
All Entries will be judged and scored by an internal Sponsor team. The judging panel will select the top ten (10) designs based on the following judging criteria: (a) Concept/Originality; (b) Effective Communication of the Endeavor brand; (c) Completeness of design; (d) Visibility; (e) Legality and Feasibility. The top ten (10) designs selected (the "Finalists") will be selected on or around Monday July 25, 2011. Sponsor will contact the Finalists via email to inform them of being chosen as a Finalist. All Finalists will be subject to verification of eligibility.
Second Round Judging.
On or around Friday July 29, 2011, the Finalists will be featured in the July edition of Endeavoring, The Endeavor Company Newsletter, posted online at http://www.endeavortelecom.com for public voting. Voting is worldwide and open to everyone. Voting will close seven (7) calendar days after the date & time voting begins. In case of a tie, Sponsor shall decide the winner. Winners will be notified on or around Monday August 15, 2011. In the event of non-compliance with any of the Rules, that Finalist's prize will be forfeited. If the disqualified Finalist is the First Prize winner, the Entrant having the next highest score will be deemed the first place winner. If a Finalist is disqualified, prizes only will be awarded to the remaining Finalists and no additional Finalists will be chosen from the submissions.
The decisions of the judging panel are final on all matters relating to the Contest and no correspondence will be entered into regarding the judging panel's decision. - 11. REPRESENTATIONS AND WARRANTIES
- By participating in the Contest, the Entrant warrants and represents, and if you are entering as a group each person within the group represents and warrants, in connection with the Entry submitted as part of his/her participation in the Contest: (a) he/she is the sole and exclusive owner of (and free of any adverse claim by any person, firm, or corporation) all intellectual property rights in and to the Entry; (b) the Entry is original and the use of the Entry as described in these Rules will not infringe the proprietary rights, including without limitation the intellectual property rights, of any third party; (c) the use of the Entry, as described in these Rules, will be in compliance with any third-party licenses pertaining to the Entry; (d) the Entry is not obscene or libelous, does not contain defamatory or derogatory remarks, and does not violate any rights of any third party, including but not limited to rights of privacy or publicity; (e) the Entry and its use as described in these Rules will not violate any federal, provincial, state or local laws or ordinances; (f) no employer or educational or other establishment has any rights in the Entry; (g) the Entry is consistent with these Rules; and (h) he/she has the right to grant the license to Sponsor and its designees in Section 12 below.
- 12. INTELLECTUAL PROPERTY
- Any submission idea, documentation, photograph or video entered in this Contest shall remain the exclusive property of Sponsor and Entrant agrees that Sponsor and its designees shall have the perpetual, worldwide, irrevocable right to edit, publish and use these materials in any way and in any and all media now or hereafter known for trade, advertising, promotional and/or other purposes as Sponsor may determine in its sole discretion without further consideration to Entrant or winner. The Entrant agrees to assign all rights, title and interest in to the submission, including copyright, to Sponsor and waives his/her moral rights in the submission.
- 13. AUTHORIZATION TO USE WINNER'S NAME
- Submission constitutes permission for the Sponsor to make public and otherwise use entrant's name, voice, picture, likeness, opinions, biographical information, city and country of residence, and submitted work without further compensation in any media now known or hereafter developed for promotional and/or publicity purposes, unless prohibited by law. Each entrant also agrees to participate in and cooperate with any promotional activity and/or publicity relating to the Contest as the Sponsor shall reasonably request from time to time.
- 14. INDEMNITY; DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
- By participating in the Contest, the Entrant agrees to be bound by these Rules, including all eligibility requirements and all decisions of the Sponsor. By participating in the Contest, the Entrant agrees to indemnify, defend, and hold harmless the Sponsor and its officers, directors, employees, agents, affiliates, contractors, contributors, subsidiaries, licensors, distributors, and parent from any and all liability, claims, or actions of any kind, including, without limitation, property damage, personal injury, and/or death, arising out of his/her (i) breach of any representation, warranty or covenant contained in these Rules; or (ii) participation in the Contest; (iii) acceptance and/or use or misuse of any prize in connection with the Contest; or (iv) any third party claim relating to any rights in any design submitted.
BY PARTICIPATING IN THE CONTEST, THE ENTRANT AGREES THAT THE SPONSOR ENTITIES MAKE NO WARRANTY, REPRESENTATION, OR GUARANTEE OF ANY KIND, EXPRESSED OR IMPLIED, IN FACT OR IN LAW, RELATING TO THE CONTEST AND/OR THE PRIZES.
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, corrupted or garbled entries; (b) telephone, computer, or network malfunction or error; (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 damage occurs or impairs the administration, security, fairness, or integrity of the Contest, the Sponsor may, in its sole discretion, suspend, modify or terminate the Contest by posting a notice at http://www.endeavortelecom.com. If the Contest is terminated before the scheduled end of the Contest Period, the 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 the Sponsor believes to be causing or attempting or intending to cause any malfunction, error, disruption, or damage will be disqualified. The Sponsor reserves the right to disqualify any unauthorized entries, including, without limitation, or any entries made through robotic, automatic, mechanical, programmed or similar multiple-entry, or entry duplication, method and to disqualify any person or entity using such a method.
NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, AND ONLY TO THE MAXIMUM EXTENT PERMISSIBLE BY THE APPLICABLE LAW, BY PARTICIPATING IN THE CONTEST, THE ENTRANT AGREES THAT IN NO EVENT WILL THE SPONSOR OR ANY SPONSOR ENTITY BE LIABLE TO ENTRANTS 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 THE ENTRANT'S PARTICIPATION THEREIN, EVEN IF THE SPONSOR OR A SPONSOR ENTITY WERE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ALSO NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, BY PARTICIPATING IN THE CONTEST, THE ENTRANT FURTHER AGREES THAT IN NO EVENT WILL THE LIABILITY OF THE SPONSOR OR ANY SPONSOR ENTITY RELATING IN ANY MANNER TO THESE OFFICIAL RULES. 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 THE ENTRANT. IN THE EVENT THAT THE PRECEDING RELEASE IS DETERMINED BY A COURT OF COMPETENT JURISDICTION TO BE INVALID OR VOID FOR ANY REASON, THE ENTRANT AGREES THAT, BY ENTERING THE CONTEST, (I) ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OR ACTION ARISING OUT OF OR IN CONNECTION WITH THE CONTEST, OR ANY PRIZES AWARDED, SHALL BE RESOLVED INDIVIDUALLY WITHOUT RESORT TO ANY FORM OF CLASS ACTION; AND (II) ANY CLAIMS, JUDGEMENTS AND AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS INCURRED, INCLUDING COSTS ASSOCIATED WITH ENTERING THE CONTEST, BUT IN NO EVENT ATTORNEY'S FEES.
For the avoidance of doubt, to the extent that English law applies, nothing in these Rules shall limit or exclude either party's liability for fraud, or for death or personal injury caused by its negligence, or any other liability to the extent such liability cannot be excluded or limited as a matter of law. - 15. PRIVACY
- Except as otherwise stated herein or as otherwise agreed by the Entrant and the Sponsor, the information communicated by the Entrant in connection with Entry to the Contest will be used for the purposes relating to this Contest, and will not be communicated to third-parties without prior permission.
- 16. TRADEMARK INFORMATION
- The names Endeavor Telecom, Endeavor Telecom, Inc., Endeavor, as well as the Endeavor logo are all registered trademarks of Endeavor Telecom, Inc. Any use of those or any other Sponsor trademark, service mark, trade name or logo outside of this Contest is strictly prohibited.
- 17. INTERPRETATION, GOVERNING LAW; JURISDICTION
- Interpretation. In the case of any dispute about the interpretation of the Rules, Sponsor's decision as to the interpretation shall be final and Entrant shall be bound by Sponsor's decision.
Governing Law. The interpretation and enforcement of these Rules will be governed by the laws of the State of Georgia, USA, except to the extent required to be governed by the local law in the place of residence of Entrant. The Entrant and the Sponsor agree to the extent permitted by law to submit all disputes arising out of or relating to these Rules or the Contest to, and hereby waive any objection to the exclusive jurisdiction and venue of, the state and federal courts located in Fulton County, Georgia. Subject to Section 5 above, if necessary any provision of these Rules that is found to be invalid by a court of competent jurisdiction shall be deemed to be struck out from these Rules. - 18. NAME OF WINNER
- For the names of the winners and/or the judges send a self-addressed, stamped envelope to "Endeavor Trick Our Truck Contest Winner List", attn: Endeavor Contests, 120 Interstate North Parkway, Suite 210, Atlanta, GA 30339. Requests must be received (not just postmarked) by Tuesday September 6, 2011.
- 19. CONSIDERATION
- The Entrant agrees that the ability to participate in the Contest and to compete for the prizes offered in connection with the Contest constitute, where required, sufficient consideration for the Entrant's obligations under these Rules.
Please retain a copy of these Rules for your records.

