Poll Everywhere

2015 Icebreaker Poll Contest

Official Rules

To Enter; Eligibility: These Official Rules apply to the Poll Everywhere’s 2015 Icebreaker Poll Contest (the “Contest”) being run by Poll Everywhere, Inc. (“Poll Everywhere”). To be eligible for this Contest, you must (a) through functionality enabled at the Poll Everywhere Contest page at http://www.polleverywhere.com/icebreaker-questions create and submit a poll using the Poll Everywhere product (the “Entry”), between November 12, 2015 at 6 am Pacific Standard Time and December 1, 2015 at 12 pm Pacific Standard Time (b) provide your name and email address and (c) be at least 18 years of age and a legal resident of the United States for the duration of the Contest. You may enter the Contest more than one time. However, each participant may only win one prize. Poll Everywhere employees and members of their immediate families are not eligible for this Contest. Poll Everywhere may reject any Entries that it determines, in its sole and absolute discretion, fail to meet any of these eligibility requirements. To be eligible you must agree to abide by these Official Rules and be bound by all Poll Everywhere decisions relating to this Contest, which are final and binding in all respects, including but not limited to Poll Everywhere’s determination of the winners. NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING.

Prizes:

Poll Everywhere will award the following prizes (each, a “Prize”):

The top one (1) Honorable mention winner (“Finalists”) will receive a Journeyman coffee brew set (approximate retail value $120).
The winner of the top three homepage vote will receive a GoPro Hero4 Silver (approximate retail value $400).
The second place winner of the top three homepage vote will receive a Sony Pico Projector (approximate retail value $350).
The third place winner of the top three homepage vote will receive one Bose Soundtrue Headphone set (approximate retail value $150).

For clarity, there are a total of up to four (4) Prizes. The winners are each responsible for the payment of all taxes associated with the receipt of any Prize. No substitution or transfer of Prizes is permitted, except that if any Prize is unavailable, Poll Everywhere has the right to substitute a Prize of substantially equal value. The Prizes may not be redeemed for cash.

Winner Selection & Announcement: Winner selection will consist of two rounds:

In round 1, up to three (3) round 1 Finalists and four (4) round 1 Honorable Mentions will be selected by Poll Everywhere from eligible Entries. The Finalists and Honorable Mentions will be selected by a panel of three (3) judges appointed by Poll Everywhere, who will judge each Entry on the basis of the following criteria: creativity, uniqueness, novelty, humor, clever usage of the Poll Everywhere service, and anticipated potential to receive a large number of votes. The decision of the judges is final. The identity of the Finalists and Honorable Mentions will be announced by December 8, 2015 via an email to the Finalists and Honorable Mentions and postings to Poll Everywhere’s Facebook and Twitter accounts.
In round 2, the Entries submitted by the top three Finalists will be displayed on a publicly accessible website hosted by Poll Everywhere at www.polleverywhere.com (the “Poll Site”) starting on December 14, 2015 12:01 am Pacific Standard Time and ending on December 16, 2015 11:59 pm Pacific Standard Time (the “Voting Period”). During the Voting Period, members of the public may visit the Poll Site and submit responses to the Finalists’s Entries using the poll response services provided by Poll Everywhere. The winner of round 2 shall be selected based on the Entry which receives the highest number of eligible responses during the Voting Period. The identity of the round 2 winner will be disclosed privately to the top three in an email in December, 2015, and will be announced publicly in January, 2016 via an email and postings to Poll Everywhere’s Facebook and Twitter accounts.

Winners may be required to sign and notarize an Affidavit of Eligibility and Release, which must be returned to Poll Everywhere within ten (10) days, in order for the winner to be officially recognized. If any winner is unable to accept his/her Prize, or does not comply with these Official Rules, Poll Everywhere will automatically disqualify such winner and will choose another winner according to the criteria above. The winner must agree to grant Poll Everywhere permission to use their name, photograph and likeness for advertising and promotion of this and similar promotions or the Poll Everywhere products or services without compensation, unless prohibited by law. The winner must also sign any applicable forms required by tax authorities and Prize suppliers. The Prizes will only be awarded to the winners who comply with these Official Rules.

Limitations of Liability:

BY ACCEPTING DELIVERY OF THE PRIZE, A WINNER AGREES THAT THE PRIZE IS AWARDED ON THE CONDITION THAT POLL EVERYWHERE AND ITS AGENTS, REPRESENTATIVES AND EMPLOYEES WILL HAVE NO LIABILITY WHATSOEVER FOR ANY INJURIES, LOSSES, OR DAMAGES OF ANY KIND RESULTING FROM ACCEPTANCE, POSSESSION OR USE OF THE PRIZE. The winner further acknowledges that the foregoing parties have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee (express or implied, in fact or in law) in connection with the Prize or the use or enjoyment of the Prize. THE PRIZES ARE AWARDED “AS IS” AND WITHOUT ANY WARRANTY OF ANY SORT, EXPRESS OR IMPLIED.

General Conditions:

If any provision of this Official Contest Rules is held to be illegal or unenforceable, that provision shall be limited or eliminated to the minimum extent necessary so that these rules shall otherwise remain in full force and effect and enforceable to the fullest extent permitted by applicable law. Poll Everywhere reserves the right, at its sole discretion, to disqualify any individual it finds to be tampering with the entry or response process or the operation of the Contest or Poll Site or to be acting in violation of these rules. If Poll Everywhere determines, in its sole discretion, that any online portion of the Contest is compromised by virus, bug, robot entries or responses, or other corruption of the administration, security or proper play of the Contest, then, at its sole discretion, Poll Everywhere can cancel this Contest. Without limiting the foregoing, Poll Everywhere may also monitor the responses received for each Finalist’s Entry during the Voting Period, and may disqualify some or all responses from the final tally if Poll Everywhere determines (in its sole discretion) that such responses are being automatically generated or are otherwise improper or fraudulent. In the event of any non-compliance with any requirement stated herein, a winner’s Prize may be forfeited and awarded to an alternate winner. This Contest is governed by and shall be construed under the laws of the State of California, U.S.A., without regard to the conflicts of law provisions therein. The parties hereby irrevocably consent to exclusive jurisdiction and venue in the state and federal courts of San Diego, California. Prizes will only be sent to a U.S. address, and will be subject to all applicable US taxes and withholding. This Contest is void where prohibited or restricted by any relevant federal, state or local law, including but not limited to jurisdictions with laws that would require registration, disclosure, filing, trust account, or posting of a bond, or any other requirements that are not satisfied.

By entering the contest you irrevocably without restraint consent to and give unto the Poll Everywhere and its agents or assigns or anyone authorized by the Poll Everywhere, (collectively referred to herein as the "Releasees") the unrestrained right in perpetuity to own, utilize, or alter your submissions for the contest (referred to herein as the " Released Subject Matter "), in any manner the Releasees may see fit and for any purpose whatsoever, all of the foregoing to be without limitation of any kind. Without limiting the generality of the foregoing, you hereby authorize the Releasees and grant unto them the unrestrained rights to utilize the Released Subject Matter in connection with the web advertising, publicity, public displays, and exhibitions. You hereby stipulate that the Released Subject Matter is the property of the Poll Everywhere to do with as it will.

Finalist’s Entry during the Voting Period, and may disqualify some or all responses from the final tally if Poll Everywhere determines (in its sole discretion) that such responses are being automatically generated or are otherwise improper or fraudulent. In the event of any non-compliance with any requirement stated herein, a winner’s Prize may be forfeited and awarded to an alternate winner. This Contest is governed by and shall be construed under the laws of the State of California, U.S.A., without regard to the conflicts of law provisions therein. The parties hereby irrevocably consent to exclusive jurisdiction and venue in the state and federal courts of San Diego, California. Prizes will only be sent to a U.S. address, and will be subject to all applicable US taxes and withholding. This Contest is void where prohibited or restricted by any relevant federal, state or local law, including but not limited to jurisdictions with laws that would require registration, disclosure, filing, trust account, or posting of a bond, or any other requirements that are not satisfied.