Terms and conditions 1. These terms and conditions ("Rules") together with any specific rules set out in the Competition Notices (as defined below) apply to the Xmas Santa Competition (“Competition”) included on the website to be conducted by MiTAC International Corporation (“MiTAC”). Rules specific to each Competition displayed in a notice on the Xmas Santa activity web page posting for such Competition ("the Competition Notice") are incorporated herein. In the event of discrepancy between the Rules and the Competition Notice, the Competition Notice shall prevail. 2. By entering the competition, you agree fully and unconditionally to be bound by these Rules and the decisions of MiTAC. In the event of any dispute regarding the Rules, conduct, results and all other matters relating to the Competition, the decision of MiTAC shall be final and no correspondence or discussion shall be entered. MiTAC reserves the right to cancel or amend the Competition or the Rules at any time without prior notice. 3. The Competition Promoter is MiTAC International Corporation having its business address at Building B, No 209, Sec 1, Nangang Rd, Nangang District, Taipei. 11568, Taiwan. 3. The Competition begins on December 1, 2009, and ends on December 31,2009 (“Closing Date”). 4. The Rules form a binding legal agreement between you and MiTAC with respect to the Competition, please read the Rules carefully prior to entry. If you do not agree to any of the Rules, then please do not enter the Competition. You agree that submission of an entry in the Competition constitutes your agreement to the Rules. No purchase is necessary to enter or win this Competition. Making a purchase will not increase your chances of winning. To enter, you will be required to answer all the questions posted in the entry form and provide your first and last name, and email address. Entries submitted after the Closing Date specified on the Competition page will not be accepted. 5. The Competition is open to anyone who has reached the age of maturity in the country or nation in which they reside as of the date of entry and who have an active e-mail account and Internet access. Employees and their immediate families (spouse, parent, sibling, child, and respective spouses) and those living in their immediate households, whether or not related, of MiTAC and their respective parents, affiliates, and subsidiaries are not eligible to enter the Competition or win a prize for the Competition. 6. One (1) entry per person only is permitted. Any attempt by any participant to obtain more than one Competition entry by using multiple/different e-mail addresses, identities, logins, or any other methods will void that participant's entry and result in his/her disqualification from the Competition. 7. By entering the Competition, the entrant hereby warrants that all information submitted is true, current and complete. MiTAC reserves the right to disqualify any entrant if it has reasonable grounds to believe the entrant has breached any of the Rules. In the event that the randomly chosen Competition winner is found to subsequently found to be ineligible for the Competition per the Rules, MiTAC will disqualify the winner and will randomly select a replacement Competition winner from all remaining eligible entries. 8. Any information submitted by the entrant must be personal to and relate specifically to the entrant. The entrant hereby warrants that the information, which is submitted and/or distributed, will not infringe the intellectual property, privacy or any other rights of any third party, and will not contain anything which is libelous, defamatory, obscene, indecent, harassing or threatening. If relevant, MiTAC reserves the right, but not the obligation, to screen, filter and/or monitor information provided by the entrant and to edit, refuse to distribute or remove the same. 9. There will be one (1) prize awarded consisting of one (1) Mio GPS device. The Competition prize is non-transferable and non-refundable and must be accepted as awarded. No cash or other substitution may be made, except by MiTAC, who reserves the right to substitute the Competition prize with another prize of equal or greater value if the Competition prize is not available for any reason as determined by MiTAC in its sole discretion. The winner is responsible for paying all taxes associated with receipt of the Prize. 10. Except where prohibited by law, the winner may be required to take part in or co-operate with publicity. Participation in the Competition constitutes the winner's consent to MiTAC's use of winner's name, likeness, photograph and city of residence for promotional purposes without further payment or consideration. 11. The winners will be informed directly by e-mail or phone by the Closing Date specified on the competition page. If a winner of a Prize cannot be located or does not respond within seven (7) business days of contact from MiTAC, the Prize will automatically be forfeited and an alternate potential winner will be drawn from the pool of remaining valid entries. To claim the prize, the winner must respond to the prize notification e-mail and send a stamped self addressed envelope to MiTAC Competition, MiTAC International Corporation, 9th Floor, Building B, No 209, Sec 1, Nangang Rd, Nangang District, Taipei, 11568, Taiwan. 12. The potential winner of the prize will be chosen in a random drawing from the pool of valid entries after the Closing Date specified. The random drawing will be conducted by one or more employees of MiTAC or an independent fulfillment entity. MiTAC will act as judge by selecting winners in a random drawing of all complete, eligible entries. The odds of winning depend upon the total number of eligible entries received. The judges' decisions will be final in every situation, including any not covered above and no correspondence will be entered into. 13. Participants agree that any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Competition, but in no event attorneys' fees; and participant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages. All issues and questions concerning the construction, validity, interpretation and enforceability of the Competition, entrant's rights and obligations, or the rights and obligations of MiTAC in connection with the Competition and the terms and conditions of the Rules will be governed and construes in accordance with the laws of the Republic of China, excluding all conflict of law rules. If any provision(s) of the Rules are held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect. To the extent permitted by law, the rights to litigate, seek injunctive relief or make any other recourse to judicial or any other procedure in case of disputes or claims resulting from or in connection with this Competition are hereby excluded, and all participants expressly waive any and all such rights. 14. By entering this Competition, you agree and consent that any information you provide upon entering may be used by MiTAC in accordance with its Privacy Policy, available at http://www.mio.com/us/privacy-policy.htm. If you do not want your information used in this manner, do not enter this Competition. 15. No right or license, express or implied, under MiTAC’s trademarks, logo and trade names (“Trademarks”) that MiTAC has registered or used in commerce to characterize products and/or service in any country or territory are granted or created under the Rules. You shall not use the Trademarks other than as permitted in the Rules without prior written consent by MiTAC. 16. MiTAC is not responsible for late, lost, incomplete, or misdirected entries or communications or for errors, omissions, interruptions, deletions, defects, or delays in operations or transmission of information, in each case whether arising by way of technical or other failures or malfunctions of computer hardware, software, communications devices, internet service providers, or transmission lines or data corruption, theft, destruction, unauthorized access to or alteration of entry materials, loss or otherwise. Further, MiTAC is not responsible for electronic communications that are undeliverable as a result of any form of active or passive filtering of any kind, or insufficient space in entrant's e-mail account to receive e-mail messages. MiTAC 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 Competitions to be acting in violation of these terms and conditions or in an unsportsmanlike or disruptive manner. Any attempt by any person to undermine the legitimate operation of the Competition may be a violation of criminal and civil law, and, should such an attempt be made, MiTAC reserves the right to seek damages from any such person to the fullest extent permitted by law. MiTAC's failure to enforce any of these terms shall not constitute a waiver of that provision. 17. You warrant that your entry is original and you are the sole and exclusive owner and rights holder of the submitted entry and that you have the right to submit the entry in the Competition and grant all required licenses. You agree not to submit any entry that (1) infringes any third party proprietary rights, intellectual property rights, industrial property rights, personal or moral rights or any other rights, including without limitation, copyright, trademark, patent, trade secret or confidentiality obligations; or (2) otherwise violates applicable law of Republic of China or the law of the participant’s country of residence. To the maximum extent permitted by law, your will indemnify and hold harmless MiTAC at all times from and against any liability, claims, demands, losses, damages, costs and expenses resulting from any act, default or omission and/or a breach of any warranty set forth herein. To the maximum extent permitted by law, you agree to defend, indemnify and hold harmless MiTAC, its affiliates and its respective directors, officers, employees and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys fees) arising out of or accruing from (a) any material uploaded or otherwise provided by you that infringes any copyright, trademark, trade secret, trade dress, patent or other intellectual property right of any person or defames any person or violates their rights of publicity or privacy, (b) any misrepresentation made by you in connection with the Competition; and (c) any non-compliance by you with the Rules. To the extent permitted by law, you agree to hold MiTAC, its respective directors, officers, employees and assign harmless for any injury or damage caused or claimed to be caused by participation in the Competition and/or use or acceptance of any prize, except to the extent that any death or personal injury is caused by the negligence of MiTAC. 18. MiTAC reserves the right to edit, publish, use, adapt, exploit, modify, copy, disseminate, post, or dispose of any entry, online, in print, film, television, or in any other media for advertising and promotional or other purposes without compensation or notification to the entrant of any kind, except as prohibited by law.
