Terms and Conditions (Quick and Easy version)
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Contest begins August 28, 2008 and continues through August 28, 2010 or until the riddle is solved, whichever comes first.
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Contest is open to anyone, anywhere (except where prohibited or restricted by law).
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The Grand Prize for the contest is a $25.00 gift certificate valid at
www.mysticmoonpress.com for purchases in the bookstore. (The gift certificate is not valid for use in the Gift Shop.)
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Upon purchasing a copy of Chroma Shift – Assassins’ Treaty you will be given the riddle.
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Each purchase allows one answer to the riddle.
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To win and take home the prize, your qualifying submission must have the correct answer to the riddle, as pre-determined by the contest
operators.
Still interested? On to the fine print then! And, because of the ‘serious’ amount of money, there is some important legalese we need to
attend to . . .
Contest Rules, Terms and Conditions (Not so Easy)
Term
The Contest entry period commences on August 28, 2008 (00:00:00 UTC) and continues until the Grand Prize is awarded (the
"Contest Term"). No additional registrations or Contest submissions of qualifying set predictions will be accepted after the close of the Contest Term. Mystic Moon Press reserves
the right to cancel the Contest after August 28, 2010 in its sole discretion.
Who can participate?
Anyone is eligible to enter except employees of Mystic Moon Press, the author Kevin Grubbe and their family members, as
well as countries and states where prohibited or restricted by law.
Entry
Upon purchasing a copy of Chroma Shift – Assassins’ Treaty, Participant will receive an additional page included with
the download of Chroma Shift – Assassins’ Treaty. The page will include the riddle, terms and conditions and a link to the email address to submit. If for any reason Participant
is unable to access the link, email submissions may be sent to
csatcontest@mysticmoonpress.com containing the answer to the riddle.
Only the first Participant to submit the correct answer the riddle will receive the prize. Time stamp on email entries will
be used to determine which Participant responded first.
Award of Contest Prize
Contest Prizes:
1.
Grand Prize: $25.00 (USD) Gift Certificate
A Participant is eligible to win and be awarded only one (1) Grand Prize. In the event a qualified Participant cannot be
reasonably notified, verified or confirmed based on two (2) attempts (and further attempts at Mystic Moon Press’s sole discretion), a Contest Prize is declined or a potential
winner is not in compliance with these Rules or eligible for award of a Contest Prize for whatever reason, the Contest will remain open and an alternate potential prize winner
will be chosen and verified in accordance with these Rules.
Awarded Grand will be distributed 1-4 weeks after Mystic Moon Press has declared a winner. Return of a Contest Prize or
failure of Contest Prize delivery will result in disqualification and an alternative potential winner will be chosen and verified in accordance with these Rules.
Any costs or expenses associated with the acceptance and use of any Contest Prize monies are the sole responsibility of the
Contest Prize winners. All Contest Prize details are at Mystic Moon Press’s sole discretion. A Contest Prize winner may make no substitutions or assignment of a Contest Prize
other than as specified in these Rules.
Prize monies should be retained by individuals only in conformity with any applicable policies of their employers or
academic institutions, regarding participation in and receipt of promotional consideration relating to the Contest and receipt and retention of Contest Prizes. If an employer’s or
school’s policies are applicable, it is the Participant’s sole and ultimate responsibility, in consultation with their employer or school, to determine how and if any Contest
Prize will be retained and/or distributed and accounted for and Mystic Moon Press assumes no responsibility for the decisions made by such employers or schools regarding this
issue.
General Contest Terms and Conditions
A. Delivery. A Participant is solely responsible for the equipment and Internet access required to connect to the Site
and/or participate in the Contest. Mystic Moon Press will not be responsible for lost, late, incomplete, stolen, misdirected, undelivered, delayed, inaccurate, garbled or
illegible materials, entries, email or mail; or for any computer, telephone, cable, network, satellite, electronic or Internet hardware or software malfunctions, failures,
connections, or availability, or for garbled or jumbled transmissions, or for service provider/Internet/Web site/use net accessibility or availability, traffic congestion, or
unauthorized human intervention, or for inaccurate capture of any information, or the failure to capture any such information. Mystic Moon Press is not responsible for any
incorrect or inaccurate information, whether caused by printing errors, Site users, tampering, hacking, or by any of the equipment or programming associated with or utilized in
the Contest, and is not responsible for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction
or unauthorized access to the Contest Site or any communications means or for any other error of failure of any kind in connection with or relating to this Contest, whether caused
by any human, typographical, printing, mechanical, computer or other means, including, without limitation, errors or failures which may occur in connection with the processing or
storing of information, the administration of the Contest, the uploading, processing validating, posting and/or judging of entries, the announcement of the Contest Prizes or in
any Contest-related materials. Participants located outside of the U.S. should note that delivery/and or custom’s delays could occur. Mystic Moon Press is not responsible for
injury or damage to Participants’ or to any other person’s computer related to or resulting from participating in this Contest or downloading materials from or use of the Site.
Entries delayed past the submission deadline of the Contest will not be accepted for review.
B. Entries; Verification/Audit; Participant Cooperation. All activities relating to Participant’s participation in the
Contest and material submitted are subject to verification and/or auditing for compliance with these Rules and Participants agree to reasonably cooperate with Mystic Moon Press
concerning verification and/or auditing. In the event that Contest verification activity or an audit evidences non-compliance with the Rules or official Contest communications, as
determined in Mystic Moon Press’s reasonable discretion, a Participant’s continuing participation in any aspect of the Contest may be suspended or terminated.
Mystic Moon Press reserves the right, in its sole discretion, to reasonably suspend or cancel the Contest should any virus,
bug and/or other cause corrupt the administration, security or proper operation of the Contest. In the event the Contest is cancelled, Mystic Moon Press may, at its sole
discretion, determine the winners from among all eligible and non-suspect validated entries received up to the time of such action using the judging procedure outlined above.
E. Rules Amendment and Interpretation. The Contest and its continuing terms and conditions, benefits and
participation are offered to Participants at the sole discretion of Mystic Moon Press. Mystic Moon Press reserves the right to amend or interpret the Rules or official Contest
communications and any element or elements arising under or relating to the Contest at any time, upon published notice to Participants on the Site. A Participant shall be deemed
to have notice of any such amendments or interpretations upon publication of the same on the Site and shall be deemed to have accepted such amendments or interpretations by virtue
of a Participant’s continuing participation in the Contest. Should a Participant not wish to continue to participate in the Contest pursuant to the prevailing Rules, as amended or
interpreted, a Participant may terminate participation in the Contest by emailing
csatcontest@mysticmoonpress.com. All submitted material remains the property of Mystic Moon Press.
F. Rule Compliance Interpretation; Adjudication and Remedial Process. Mystic Moon Press reserves the right to make all
decisions, in its discretion, arising out of or relating to instances of suspected abuse, fraud, error or anomalies in the operation of the Contest, including the Site, or any
other interpretation, activity or suspected violation relating to the Contest, and such decisions by Mystic Moon Press are final and binding. Aggrieved Participants further agree,
prior to resort to formal dispute resolution specified below, to submit to Mystic Moon Press via certified mail (Assassins’ Treaty Riddle, 15 Cerro Del Alamo, Santa Fe, NM 87507)
for internal adjudication a written statement concerning and fully describing any grievance for expeditious review and formal response by Mystic Moon Press. The formal response
and decision by Mystic Moon Press shall be final and binding on a Participant, absent clear and convincing evidence that Mystic Moon Press has acted in an arbitrary or capricious
manner. Mystic Moon Press’s decision of a particular matter with an individual Participant shall not bind Mystic Moon Press as to decisions or adjudications of similar future
matters, if there is a rational basis for distinguishing the facts and circumstances of such matters. A Participant must first exhaust the internal adjudication process for
grievances before proceeding to formal dispute resolution. The foregoing deference and evidentiary standards relating to Mystic Moon Press’s decision-making shall apply in the
below-described formal dispute resolution.
Except where prohibited, Participants in the Contest agree that: (1) any and all disputes, claims, and causes of action
arising out of or connected with this Contest, or any benefits received, or the administration of the Contest not resolved through internal adjudication shall be resolved
individually, without resort to any form of class action, and exclusively by arbitration, to take place in the State of California pursuant to the Rules of the American
Arbitration Association, then effective, (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with
participating in the Contest and in no event shall Participant be entitled to receive attorneys’ fees or other legal costs; and (3) under no circumstances will a Participant be
permitted to obtain awards for and Participants hereby waive all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual
out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. Except where prohibited, all issues and questions concerning the construction,
validity, interpretation and enforceability of these Rules, or the rights and obligations of Participant(s) and Mystic Moon Press in connection with the Contest, shall be governed
by, and construed in accordance with, the laws of the United States of America and the State of California, without regard for conflicts of law doctrine of any jurisdiction, and
subject to resolution only in the City of Santa Fe, State of New Mexico, United States. By entry and participation in the Contest, Participants, for themselves and their
schools/companies if applicable, agree that the City of Santa Fe, State of New Mexico, United State of America will be the exclusive forum for any formal dispute resolution.
G. NO WARRANTY. MYSTIC MOON PRESS, ORGANIZERS AND THEIR SUBSIDIARIES, AFFILIATED COMPANIES AND ALL OF THEIR RESPECTIVE
OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS (COLLECTIVELY, THE "RELEASED PARTIES") EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS OF ANY KIND (WHETHER
EXPRESS, IMPLIED, STATUTORY OR OTHERWISE), INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES SHALL RELEASED PARTIES BE HELD RESPONSIBLE OR LIABLE FOR A PARTICIPANT’S USE OF THE INFORMATION AND/OR PRODUCTS PROVIDED AND/OR MADE
AVAILABLE THROUGH THE CONTEST OR FOR ERRORS OR ANOMALIES RESULTING IN THE UNINTENDED OR ERRONEOUS PARTICIPATION, AWARD OF CONTEST PRIZES OR OTHER BENEFITS UNDER THE CONTEST TO
PARTICIPANTS. RELEASED PARTIES OFFER NO ASSURANCES, GUARANTEES OR WARRANTIES OR CONDITIONS THAT THE CONTEST OR CONTEST WEBSITES WILL BE UNINTERRUPTED OR ERROR-FREE AND DOES NOT
GUARANTEE THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE CONTEST. RELEASED PARTIES ASSUME NO RESPONSIBILITY FOR ANY COMPUTER-RELATED DAMAGES DUE TO
DOWNLOADING MATERIALS. RELEASED PARTIES WILL NOT BE LIABLE, AND ARE NOT RESPONSIBLE, FOR DAMAGES OF ANY KIND RELATED TO A PARTICIPANT’S PARTICIPATION OR INABILITY TO PARTICIPATE
IN THE CONTEST, WHETHER THE DAMAGES ARE DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL. FURTHER, BY PARTICIPATING IN THE CONTEST AND/OR ACCEPTING A CONTEST PRIZE, A
PARTICIPANT AGREES THAT RELEASED PARTIES SHALL NOT BE LIABLE FOR, AND WILL BE HELD HARMLESS BY PARTICIPANT AGAINST, ANY LIABILITY FOR ANY DAMAGE, INJURY OR LOSS TO PERSON
(INCLUDING DEATH) OR PROPERTY DUE IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, TO ACCEPTANCE, POSSESSION, USE OR MISUSE OF A CONTEST PRIZE, PARTICIPATION IN ANY CONTEST
PRIZE-RELATED ACTIVITY, RELEASED PARTIES’ USE OF ANY TENDERED ENTRY OR PARTICIPATION IN THIS CONTEST. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES; THEREFORE THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY.
H. Indemnification. Participants agree to release, defend, indemnify and hold harmless Released Parties from and against,
and accept all responsibility of any kind, including but not limited to financial, for any liability, claims, losses, damages or proceedings, including but not limited for death,
(including reasonable attorneys’ fees) relating to any actions taken by a Participant, including submission of Application algorithms and executables, or anyone else using a
Participant’s e-mail or team password or otherwise purporting to act on Participant’s behalf in regard to the Contest (whether or not such use occurred with or without your
permission). Participant also agrees to release, defend, indemnify and hold harmless the Released Parties from any and all liability, claims, losses, damages or proceedings,
including but not limited for death (including reasonable attorneys’ fees) relating to Prizes and any other matter in connection with a Participant’s participation in the Contest
or Mystic Moon Press’s or its designees or Mystic Moon Press’s or it’s designees use of his/her Application.
These rules, terms and conditions specified here comprise the Contest’s Official Rules and, together with the Contest
Site’s Terms of Use and official Contest communications or publications by Mystic Moon Press, shall govern and apply to all participation and activity arising out of and relating
to the Contest and use of the Site. These Rules cannot be modified or superseded except by Mystic Moon Press, in its reasonable discretion. |