Official Rules for 100M User Promotion

NO PURCHASE IS NECESSARY TO PARTICIPATE OR WIN. YOUR ENTRY INTO THE PROMOTION CONSTITUTES ACCEPTANCE OF THESE OFFICIAL RULES. VOID WHERE RESTRICTED OR PROHIBITED.

The below Official Rules apply to the 100M User Promotion (hereinafter, "Promotion") offered by Dropbox.  The purpose of this Promotion is to better understand users’ experiences with the Dropbox service.  Take a photo or film a video telling us how you use the Dropbox service in a unique way for an opportunity to be selected as a winner!

A.        ELIGIBILITY

To be eligible to participate in the Promotion, you (“You”) must be: (i) above the age of majority in Your state or country of residence, with a minimum age of 14 years as of the date of entry and a permanent legal resident of any country except for where the Promotion is restricted or prohibited by law, and (ii) a registered user of Dropbox services. The Promotion is subject to all applicable federal, state, and local laws and regulations and is void where prohibited, taxed, or restricted by law. Employees, representatives, officers, and directors of Dropbox, its affiliates, subsidiaries, agents, judges and advertising and promotion agencies (collectively, the “Promotion Entities”), as well as immediate family (spouse, parents, siblings, and children) and household members are not eligible.

B.        THE SPONSOR

Dropbox, Inc. 185 Berry Street, 4th floor, San Francisco, CA 94107 is the “Sponsor” of this Promotion (“Sponsor,” “we,” “our” or “us”).  

C.        PERSONAL INFORMATION

We will be collecting personal information about You when You submit an entry into the Promotion in accordance with our privacy policy (available at https://www.dropbox.com/terms#privacy ) and as may be more specifically set forth in these Official Rules. We will use and share this personal information in order to fulfill the requirements of the Promotion and in our marketing materials.  For example, the Sponsor may (a) share this personal information with third parties who are evaluating the Submissions and (b) use the personal information to contact entrants and potential winners regarding the Promotion. We also may post Your personal information (such as, Your first name and first initial of Your last name, the country we’ve associated with your account and Your Submission (as defined below)) in public posting areas for the Promotion or which are otherwise associated with the Promotion in order to administer the Promotion or otherwise market or advertise the Promotion, and after the Promotion as part of our marketing materials.   By entering this Promotion and agreeing to these Official Rules, You hereby consent to the Sponsor using Your personal information in this manner.  

D.         TERM

Entries will be accepted between 9:00 a.m. Pacific Time (“PT”) on November 13, 2012 through 11:59 p.m. PT on November 27, 2012 (“Entry Period”).  Unless otherwise noted, for all times provided in these Official Rules or in relation to the Promotion, the applicable time zone will be Pacific Time. The Sponsor’s computer is the official time keeping device for this Promotion.

E.        HOW TO PARTICIPATE

NO PURCHASE IS NECESSARY TO PARTICIPATE OR WIN.  

To enter, during the Entry Period, You must visit the general Promotion entry page located at www.dropbox.com/100M (“Promotion Site”).  You must then click on the “Tell us your story” button to find the entry form. Next, (i) You must complete the entry form with Your photo or video submission and a description of how You use Dropbox using 140 characters or less (“Submission”) and (ii) we will use the first and last name, email address, the country we’ve associated with your account and other contact information that You have provided to us to complete Your entry (collectively referred to as “Entry Materials”).

F.        SUBMISSION  

To be eligible for any prize, You must submit a Submission that meets the following requirements (“Submission Requirements”):  

  1. (i)Must not violate or infringe the rights of others including, without limitation, patent, trademark, trade secret, copyright, publicity, privacy or other proprietary rights (see “Warranty” Section below for more details); 

  2. (ii)Must not contain any malware or be otherwise harmful to our computer system or the computer systems of others; 

  3. (iii)Must not impersonate or misrepresent Your affiliation with any person or entity; 

  4. (iv)Must not be unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortuous, or contain explicit or graphic descriptions or accounts of, sexual acts, or otherwise contain any other content that is objectionable; 

  5. (v)Must not victimize, harass, degrade, or intimidate an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability; 

  6. (vi)Must be within the general spirit and guidance of the Promotion, including meeting the terms of these Official Rules and the Submission Requirements; 

  7. (vii)Must not contain an advertisement or solicitation not affiliated with the Sponsor; 

  8. (viii)Must not contain any musical recording or compilation; and 

  9. (ix)Must not contain imagery, content, recording or other element that is owned by a third party.
     

After You upload the Submission to Your entry page, You must confirm Your agreement to the Official Rules and then click on the “Post Story” button to send the entry to the Sponsor. To be eligible, the Sponsor must receive Your Entry Materials prior to the end of the Entry Period.  Entry Materials that arrive after the end of the Entry Period will not be considered.Entries will not be acknowledged.  If a dispute arises regarding the identity of the entrant, the proper entrant will be the authorized account holder of the e-mail address used to enter the Promotion.  “Authorized account holder” is defined as the natural person who is assigned to an e-mail address by an Internet access provider, online service provider, or other organization responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address.

A person may enter an unlimited number of Submissions.  The Sponsor is not responsible for late, erroneous, misdirected or incomplete entries, or for any computer-related, online, telephonic, or technical malfunctions that may occur. Entries will be considered void if they are in whole or in part illegible, incomplete, damaged, irregular, altered, counterfeit, produced in error, forged, mechanically reproduced or obtained through fraud or theft, or if they contain a Submission that does not meet the Submission Requirements described in Section F, above. By participating You agree to be bound by these Official Rules.

 

G.        INTELLECTUAL PROPERTY RIGHTS

 

Warranty.  By entering the Promotion, You warrant and represent that the Submission submitted by You is Your own original work created and recorded by You or a work that You have obtained lawfully and/or via a valid license, has not been previously published, has not won a previous prize or award, that You own or otherwise control all of the rights to the Entry Materials and the Submission submitted by You (including, without limitation, the rights in any photographs, sound recordings or Submission clips included in the Submission) and that the Submission submitted by You does not violate any law, regulation or any right of any third-party, including but not limited to rights of copyright, trademark, publicity and/or privacy.  Please understand that submitting a Submission that is copyrighted by another individual, or otherwise subject to the rights of another individual, will make You responsible for any legal action the legal copyright holder might take against You.  Likewise, You agree to indemnify Sponsor against any claims made by individuals pictured or heard in the Submission that may contest Sponsor’s right to use the Submission in accordance with the terms of these Official Rules.

 

License.  By submitting an entry into the Promotion, You hereby grant and agree to grant to the Sponsor an irrevocable and perpetual, royalty-free, worldwide right and license, with the right to sublicense through multiple tiers, to use, copy, publish, modify, reproduce, distribute, display, create derivative works or otherwise exploit the Entry Materials, including the Submission, in all media (now known or later developed), without compensation or further permission, for Sponsor’s business purposes.  

 

H.        PRIZE

 

As explained below, the Sponsor will award one hundred and ten prizes, including one hundred (100) runner-up prizes consisting of 10GB for life (“Runner-Up Prize”) and ten (10) grand prizes consisting of 100GB for life  (“Grand Prize”) (collectively, “Prizes”). Approximate Retail Value (“ARV”) of all prizes = $0 USD/Euros. Actual Prize value may vary.  

 

I.        PRIZE TERMS

 

The Sponsor may, at its sole discretion, choose to substitute any portion of the Prize for something of equal or greater value. Further, the Sponsor reserves the right to expand or modify the Prize. No Prize transfer, assignment or substitution by the Prize winner is permitted. All federal, state and local taxes, fees, duties, and surcharges, if any, on the Prize are the sole responsibility of the Prize winner. If any Prize or Prize notification is returned as undeliverable, the Prize will be considered forfeited and the Sponsor may select an alternate Prize winner from all remaining eligible entries. The odds of winning depend on the number of eligible entries received during the Entry Period and the skill of the entrants. The Promotion Entities will not be liable for unsuccessful efforts to notify any potential Prize winner.

J.        HOW TO WIN

 

There will be several steps to the review process of each Submission:

 

  1. (1)Phase 1: Entry and Initial Review; Public Voting Period .  During the Entry Period, You may submit Your Submission to the Sponsor through the Promotion Site.   At any time during the Voting Period, the Sponsor may determine that a Submission fails to meet the Submission Requirements and may remove the Submission from the Promotion Site.  Between 9:00 a.m. PT on November 13, 2012 and 11:59 p.m. on November 27, 2012 (“Voting Period”), the public will receive the opportunity to vote on all the Submissions posted to the Promotion Site.  Each individual will have an opportunity to review all Submissions posted on the Promotion Site and may cast one vote for each Submission that he or she feels is most compliant with the spirit and purpose of the Promotion.  Limit one vote per person, per Submission, per visit to the Promotion Site.  Votes that are believed to be, in Sponsor’s sole discretion, falsified, mechanically reproduced, submitted using multiple email accounts all owned by the same person, or otherwise fraudulent will not be counted. Persons must be over the age of fourteen (14) to vote.  Votes must be recorded by the Sponsor’s server by 11:59 PM PT on November 27, 2012. 

  2. (2)  Phase 2: Judging Period.  A panel of judges who are Sponsor employees and advertising/marketing partner affiliates (“Judges”) will review the top one hundred fifty (150) Submissions with the most votes. This judging period will occur between the dates of November 27, 2012 and December 1, 2012.  These Judges will consider the following Judging Criteria when evaluating each Submission: 

 

 

The Judges reserve the right, but not the obligation, to interview any of the entrants. The Judges will give each Submission a score based upon the criteria listed above.  The top ten (10) Submissions will be eligible for the Grand Prize.  The next one hundred (100) will be eligible to receive the Runner-Up Prize.  In the event of a tie, a potential Prize winner will be determined by the highest score in the category of “level of enthusiasm for the Dropbox service.”  Judges’ decisions are final.  The potential winners will be announced on or about December 3, 2012.

 

K.        WINNER VERIFICATION

 

In order to win the Prize, the potential winners must continue to comply with all terms and conditions of these Official Rules. The potential winners will be notified by email, phone, and/or mail, at Sponsor’s discretion, within approximately ten (10) business days following selection.  The potential winner will be required to execute and return, within thirty (30) calendar days of issuance of notification, an affidavit of eligibility, assignment of rights, liability and (where legal) publicity release (“Prize Documents”), which will include, without limitation, (i) a release of the Released Parties as set forth below at Section M, and (ii) a grant to the Sponsor and its agencies of the unrestricted rights, in their collective or individual discretion, to publish without any further compensation use of Your name, hometown, the country we’ve associated with your account, likeness, Submission, statements, or Prize information for advertising and publicity purposes worldwide without limitation and without additional compensation, except where prohibited.  If a potential winner cannot be contacted, or fails to sign and return the Prize Documents within the specified time period or is found to be ineligible, that potential winner will be deemed disqualified and will forfeit the Prize.

 

In the event that a potential winner is disqualified for any reason, Sponsor may award the Prize to the contestant with the next highest score based on the Judges’ scoring and the public vote. The Sponsor may repeat this until a Prize winner is determined. Prize winners will have their respective Prize delivered to them by Sponsor, at Sponsor’s expense, within thirty (30) days of verification.

 

L.        ABILITY TO TERMINATE


The Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Promotion. If the Sponsor, in its sole discretion, determines that the Promotion or any portion of the Promotion is impractical, fraudulent, void, unlawful or if there are any technical or administrative malfunctions, errors or other problems that affect the structure, terms or lawful administration of the Promotion, the Sponsor may terminate, cancel or otherwise modify the Promotion, in whole or in part.  Entry into the Promotion constitutes agreement to this provision.  If any provision(s) of these Official Rules are held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect.

 

NOTE: If, due to any technical difficulty or unforeseen interruption, the Promotion Site and/or voting is interrupted, Sponsor may (or may not) extend the entry and/or voting period, in Sponsor’s sole discretion.  If any extension of time is approved, Sponsor will notify entrants and visitors on the Promotion Site and will update these Official Rules accordingly and all entrants will be bound to the updated Official Rules as they are posted on the last day of voting.

 

 

M.        LIMITATION OF LIABILITY

By participating, entrants and winners individually and on behalf of their relatives, heirs, assignees, executors, and administrators, hereby permanently, irrevocably and forever waive and release any and all rights, demands, losses, liabilities, claims and causes of action whatsoever which You may now or hereafter be entitled to assert against the Promotion Entities, as well as all others associated with the development and execution of the Promotion (collectively, the “Released Parties”), including, but not limited to, any and all liability of any nature whatsoever caused by, contributed to, or arising out of the Promotion and/or any Prize awarded, any claim or demand for additional compensation or any other claim or demand related to the Promotion or what the Sponsor provides, and forever release and discharge the Released Parties from any and all liability with respect thereto. The Released Parties assume no responsibility for any error, omission, interruption, deletion, defect, or delay in operation or transmission; communications line failure; theft or destruction of or unauthorized access to the Promotion Site, or any registration, voting or winner selection.  


Participants also agree (a) to be bound by these Official Rules; and (b) that the decisions of the Sponsor are final on all matters relating to the Promotion.  


If You are acting within the scope of Your employment, as an employee, contractor, or agent of another party, You warrant that such party has full knowledge of Your actions and has consented thereto. You further warrant that Your actions do not violate Your employer’s or company's policies and procedures.

 

In no event will Sponsor be liable to you for any INdirect, special, incidental, exemplary, punitive or consequential damages (including loss of use, data, business or profits) arising out of or in connection with your participation in the PROMOTION, whether such liability arises from any claim based upon contract, warranty, tort (including negligence), strict liability or otherwise, and whether or not Sponsor HAs been advised of the possibility of such loss or damage. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to You.

N.        LAWS

The Promotion is governed by the laws of
California, without regard to the conflicts of law provisions.

 

All disputes, claims or demands that relate to these Official Rules will first be brought to the attention of the other party.  The receiving party will have sixty (60) days from the date of such notice to remedy the described breach or violation and notify the complaining party in writing of the resolution.  If the dispute, claim or demand is not resolved to the satisfaction of the complainant within 60 days, the complainant may request an informal resolution conference (mediation), which if agreed to by the other party will be scheduled to occur within 21 days of the written response.  Each party will have the right to be represented at such a conference by counsel and will ensure that a decision-maker with full and complete authority to resolve the dispute attends the conference.  Such conference will be in front of a third party mediator chosen by the parties.   If the parties do not agree to conference or are unable to resolve a dispute after such a conference, the parties agree that exclusive jurisdiction for any dispute, claim or demand related in any way to these Official Rules will be decided by binding arbitration.   All disputes between the parties, of whatsoever kind or nature arising out of these Official Rules, will be submitted to JAMS for binding arbitration under its rules then in effect in the Californiaarea, before one arbitrator to be mutually agreed upon by both parties.  The parties agree to share equally in the arbitration costs incurred.

 

O.        WINNERS LIST

To obtain the name of the Prize winners, send an email to legal@dropbox.com with “100M USERS PROMOTION WINNERS LIST” as the subject line.  Requests must be received by 11:59 PM PT on 02/01/13. Winners lists will be sent after winners have been verified.