NO PURCHASE NECESSARY TO ENTER OR WIN. The Adobe 12 Days of CS5 Promotion (“Promotion”) begins at 12 PM PDT on April 1, 2010 and ends at 11:59 PM PDT on April 12, 2010. Participation constitutes entrant’s full and unconditional agreement to and acceptance of these Official Rules. This Promotion is sponsored by Adobe Systems Incorporated, 345 Park Avenue, San Jose, CA 95110 (“Adobe”).
(1) ELIGIBILITY: The Promotion is open to legal residents of the United States, Canada (excluding the Province of Quebec), United Kingdom and Germany age 18 or older as of the date of entry, with Internet access, who visit the Adobe pages on Twitter at www.twitter.com/creativesuite during the Promotion and registers for the Gowalla service at www.Gowalla.com (“Gowalla”). Employees, independent contractors, officers and directors of Adobe, its affiliates, subsidiaries, advertising, promotion and fulfillment agencies and legal advisors, and the immediate family members and persons living in the same household of such persons, are not eligible to participate in the Promotion. Void where prohibited by law.
(2) HOW TO ENTER: Participants may enter the Promotion by:
- (a) Visiting the Adobe pages on Twitter at www.twitter.com/creativesuite daily during the Promotion to learn of the virtual geographic location on Gowalla where the virtual Adobe Creative Suite 5 software product will be made available;
- (b) Registering and logging into the Gowalla service; and
- (c) Checking in to the virtual location on Gowalla where the virtual Adobe product will be made available; and
- (d) Being the first to claim the virtual Adobe product at the virtual location if it is still available and not yet claimed by another Gowalla participant.
(3) PRIZES: Twelve (12) winners will be selected to each receive one (1) license to one of the following Adobe Creative Suite 5 software products: Adobe Production Premium CS5, Adobe Design Premium CS5, Adobe Web Premium CS5, OR Adobe Design Standard CS5. One (1) winner will be selected per day. Individual approximate retail prize value is USD $1,200.00. No alternative prize, cash equivalent, or other substitution is permitted except by Adobe in the event of prize unavailability. Prize is non-transferable. All federal, state and/or local taxes, and any incidental expenses associated with collection of a prize, are the sole responsibility of the winner.
(4) SELECTION OF WINNER: Each day for twelve (12) days of the Promotion, the first person to claim a virtual Adobe product at the specified virtual Gowalla location will be deemed the winner from all eligible entries received. If the prize is not collected on the first calendar day, it will remain an offer via Gowalla during the Promotion period tied to that designated physical location until it is claimed. Odds of winning prize are based on the anticipated number of participants. One (1) winner per day, who is the first to claim a virtual Adobe product at the specified virtual Gowalla location, to receive one of the Adobe products listed above. Each winner will be notified by e-mail within five days business days of the conclusion of the promotion, at which time the winner’s email address, physical mailing address and phone number will be required for fulfillment of prize. Adobe is not responsible for late, lost, misdirected, or unsuccessful efforts to notify the winner. Winner may be required to sign and return a release of liability, declaration or affidavit of eligibility, and where lawful, a publicity consent agreement all within 15 days of receipt by winner as a condition of receiving the prize. Upon fulfillment of the obligations set out above, Sponsor will deliver the prize to the address specified for delivery. If the selected winner cannot be contacted, is ineligible, fails to claim a prize, or fails to timely return the completed and executed declaration and releases as required, prizes may be forfeited and an alternative winner selected.
(5) GENERAL TERMS AND CONDITIONS: Conduct of Promotion and selection of winners are in Adobe’s sole discretion, and Adobe’s decisions are final and binding. Adobe, agents and representatives of Adobe, its affiliates, subsidiaries, advertising, promotion and fulfillment agencies, and legal advisors are not responsible for and shall not be liable for: (i) late, lost, delayed, damaged, misdirected, incomplete, illegible, unintelligible, or postage-due entries; (ii) any condition caused by events beyond the control of Adobe that may cause the Promotion to be disrupted or corrupted; (iii) any printing or typographical errors in any materials associated with the Promotion; (iv) any injuries, losses, or damages of any kind arising in connection with or as a result of the prize, or acceptance, possession, or use of the prize, or from participation in the Promotion. (v) electronic hardware or software program, network, Internet, or computer malfunctions, failures, or difficulties of any kind, and (vi) failed, incomplete, garbled, or delayed computer transmissions. By participating in the Promotion, each participant agrees to release and hold Adobe and the employees, officers, directors, shareholders, agents, representatives of Adobe, its affiliates, subsidiaries, advertising, promotion, and fulfillment agencies, and legal advisors, harmless from any and all losses, damages, rights, claims and actions of any kind in connection with the Promotion or resulting from participant’s Promotion participation, acceptance, possession, or use of any prize, including without limitation, personal injury, death, and property damage, and claims based on publicity rights, defamation, or invasion of privacy. Adobe reserves the right to permanently disqualify from any promotion any person it believes has intentionally violated these rules. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of participant and Adobe in connection with Promotion, shall be governed by, and construed in accordance with the laws of 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), that would cause the application of the laws of any jurisdiction other than the State of California. To obtain a copy of these Official Rules, send a stamped, self-addressed envelope (Washington residents may omit postage) to: Official Rules, Adobe 12 Days of CS5 Promotion, WT-13-124, 345 Park Avenue, E9-128, San Jose, CA 95110.