NO PURCHASE OR PAYMENT IS NECESSARY TO ENTER OR WIN THIS CONTEST
3. HOW TO ENTER. There are two (2) ways to enter the Contest:
��� To enter online: Log on to community.gaiam.com (the ���Gaiam Community Website���) during the Entry Period, click on the Contest link displayed on the home page, and follow the on-screen instructions to fully complete and submit the Official Entry Form.
��� To enter by mail: Download the Official Entry Form from the Gaiam Community Website, fully complete the Official Entry Form and mail it to ���Gaiam Name Our Blog Contest���, 360 Interlocken Blvd, Broomfield, CO 80021
For all entries: To complete the Official Entry Form, an entrant must provide the required contact and other information, as well as submit an original name for the Gaiam Community Website���s new Blog (the ���Blog���). All submissions must be in keeping with Gaiam���s image and may not be offensive or inappropriate, as determined by Gaiam in its sole discretion, nor may any submissions infringe upon any person���s personal or property rights or any other third party rights. Gaiam reserves the right to reject any submission and disqualify the entrant with respect to any submission Gaiam deems to be offensive, inappropriate, or that is not in keeping with Gaiam���s image, as determined by Gaiam in its sole discretion. Any submission that does not comply with any aspect of these Official Rules may be rejected by Gaiam and the entrant disqualified.
You may enter as many times as you wish. All entries must be received by Gaiam during the Entry Period, and none will be acknowledged or returned. By participating in the Contest, each entrant fully and unconditionally agrees to be bound by and accepts these Official Rules and the decisions of Gaiam and its judges (including, without limitation, decisions regarding eligibility of entries, the selection of winners, and the awarding of prizes), which are final and binding in all respects. All entrants and entries are subject to verification by Gaiam. All entries and proposed names for Gaiam���s Community Blog must be created solely by entrant.
Each entry, including without limitation, all proposed names for the Blog, become the exclusive property of Gaiam, and will not be acknowledged or returned. Each entrant hereby assigns to Gaiam, its designees, successors and assigns, all right, title and interest in and to such entry and name, including, without limitation, all intellectual property and other proprietary rights therein, without expectation of compensation or acknowledgement (other than the prizes, if any, that are awarded to entrant as set forth in these Official Rules). Each entrant agrees that Gaiam and its designees, successors and assigns shall have the perpetual, irrevocable, worldwide and fully-transferable right (but not obligation) to use, modify, display, reproduce, make derivative works of, and otherwise exploit entrant���s entry and submissions (or any part thereof) for promotional purposes in any manner or media whether now or hereafter existing and/or to otherwise use or commercially exploit any entry (or any part thereof) or information or ideas contained within any entry, all without further payment, consideration or consent. Gaiam shall have no obligation to maintain any of the entries, or any information or ideas contained therein, as confidential or proprietary. Gaiam reserves to right to edit, modify, or abridge any such entry for any reason prior to use. Although Gaiam currently intends to use the name for the Blog selected by the Grand Prize winner, Gaiam reserves the right to select and use a different name, in its sole discretion, for any reason.
4. JUDGING; SELECTION; NOTIFICATION. On or about September 24, 2007, six (6) potential winners (one (1) Grand Prize winner, and five (5) Runners Up) will be selected from among all eligible entries received by Gaiam during the Entry Period based on the best names as determined by the judging panel. Judges will evaluate each eligible entry based on the following criteria: how well the name encompasses the sprit of the Gaiam Community - fifty percent (50%), uniqueness - twenty-five percent (25%), and creativity - twenty-five percent (25%). In the event of a tie, the tied entrants will be reevaluated against each other by the judging panel based on the criteria above until the tie is broken. Judging in the Contest will be by a panel of Gaiam employees, which individuals shall be selected by Gaiam.
Entrants must comply with all terms and conditions of these Official Rules, and winning is contingent upon fulfilling all requirements. Each potential winner will be notified by phone, letter (by postal or overnight delivery) and/or e-mail. Except where prohibited by law, a potential winner will be required to execute and return to Gaiam an Affidavit of Eligibility and Release (an ���Affidavit/Release���) in order to claim her/his prize. The Affidavit/Release must be returned to Gaiam by the date and/or time indicated. If a potential winner cannot be contacted within ten (10) days of the first attempt to contact him/her, or if the potential winner fails to return the Affidavit/Release within the specified time, or if the potential winner is found to be ineligible or not in compliance with the Official Rules, then the potential winner may be disqualified and an alternate winner may be selected by Gaiam from among all eligible non-winning entries in accordance with the above judging criteria. However, even if a potential winner fails to return the Affidavit/Release and therefore forfeits his/her prize, Gaiam reserves the right to use the name provided by such potential winner for the Blog, in Gaiam���s sole discretion.
5. PRIZES. Subject to the terms and conditions of these Official Rules, one (1) Grand Prize, and five (5) Runners Up Prizes will be awarded in this Contest. The Grand Prize includes and is limited to a Gaiam.com gift certificate in the amount of $250, which may be used only on Gaiam.com. The ARV of the First Prize is $250. Each Runner Up Prize includes and is limited to a Gaiam.com gift certificate in the amount of $50, which may be used only on Gaiam.com. The ARV of each Runner Up Prize is $50. Gift certificates are subject to terms and conditions of Gaiam gift certificates, as set forth on the gift certificate. LIMIT: One (1) prize per person or address. If a winner consists of more than one individual, such winner may request that the prize be divided into gift certificates of equal amounts for each individual listed on the entry form (not to exceed ten (10) gift certificates per winning entry). Prizes must be accepted as awarded, and prizes are awarded ���AS IS��� with no warranty, representation, or guarantee, express or implied, made by Gaiam or for which Gaiam shall be liable, including, without limitation, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. No substitution, assignment or transfer of any prize is permitted. Winner is solely responsible for any and all costs, fees, taxes and expenses associated with prize receipt and use, including, without limitation, all federal, state and local taxes on the prize.
6. PUBLICITY. Except where prohibited by law, participation in the Contest constitutes each winner���s consent to Gaiam���s use of winner���s name, biography, likeness, voice, photographs, video, opinions, hometown, state and country for promotional purposes in any manner or media (including, without limitation, online), worldwide, in perpetuity, and without further payment, consideration or consent.
7. GENERAL CONDITIONS. Gaiam reserves the right, in its sole discretion, to terminate, modify or suspend the Contest if, in Gaiam���s opinion, there is any suspected or actual evidence of electronic or non-electronic tampering with any portion of the Contest, or if viruses, bugs, unauthorized intervention, fraud, technical difficulties or failures or any other factor beyond Gaiam���s reasonable control corrupt or affect the administration, security, fairness, integrity or proper conduct of the Contest. In such event, Gaiam reserves the right in its sole discretion to award the prize based on the above judging criteria from among eligible, non-suspect entries received up to the time of suspected impairment. Gaiam reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Contest or to be acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately damage any web site or undermine the legitimate operation of this Contest is a violation of criminal and civil laws, and, should such an attempt be made, Gaiam reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. Gaiam���s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
8. RELEASE. By entering, each entrant forever and irrevocably releases and holds harmless Gaiam, its parents, subsidiaries and affiliates, and all of their respective employees, officers, directors, shareholders and agents from and against all claims, damages or liabilities arising in whole or in part, directly or indirectly, from entrant���s participation and/or entry in the Contest and/or entrant���s award, receipt or use of any prize awarded in the Contest.
9. LIMITATIONS OF LIABILITY. Gaiam is not responsible for: (a) incorrect or inaccurate transcription of entry information or late, lost, stolen, unintelligible, illegible, damaged, mutilated, altered, incomplete, misdirected or postage due entries, or entries received through impermissible or illegitimate channels, all of which will be disqualified; (b) technical failures of any kind, including but not limited to the malfunctioning of any telephone, computer online systems, computer equipment, web site, server provider, network, hardware or software; (c) the unavailability or inaccessibility of any web site or service; (d) unauthorized intervention in any part of the entry process or the Contest; (e) printing, typographical, electronic or human errors which may occur in the offer or administration of the Contest or the processing of entries; or (f) any injury or damage to persons or property, including but not limited to entrant���s computer, which may be caused, directly or indirectly, in whole or in part, from entrant���s participation in the Contest, or from viewing, playing or downloading any material from any of Gaiam���s websites, regardless of whether the material was prepared by Gaiam or a third party, and regardless of whether the material is connected to any of Gaiam���s websites by a hypertext link.
10. DISPUTES. Entrant agrees that: (a) any and all disputes, claims, and causes of action arising out of or connected with this Contest, or any prizes awarded shall be resolved individually, without resort to any form of class action, and solely and exclusively in a federal or state court located in the City and County of Broomfield, Colorado; entrant submits to sole and exclusive personal jurisdiction to said courts in the State of Colorado for any such dispute and irrevocably waives any and all rights to object to such jurisdiction; (b) any and all claims, judgments, and awards shall be limited to actual out of pocket costs incurred, including costs associated with entering this Contest but in no event attorneys��� fees; and (c) under no circumstances will entrant be permitted to obtain awards for and entrant hereby waives 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. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant or Gaiam in connection with the Contest shall be governed by, and construed in accordance with, the laws of the State of Colorado, without giving effect to any choice of law or conflict of law rules of provisions (whether of the State of Colorado, the United States, or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Colorado.
11. OFFICIAL RULES. These Official Rules are available at the Contest section the Gaiam Community Website, or by sending a self-addressed, postage-stamped envelope to ���Gaiam Name Our Blog Contest ��� Rules Request���,
13. WINNER���S LIST. To request a list of winners, send a self-addressed, postage-stamped envelope to ���Gaiam Name Our Blog Contest - Winner List Request,���
14. SPONSOR. The sponsor of the Contest is Gaiam, Inc., and the address at which Gaiam may be contacted is Gaiam, Inc.,