These rules, terms and conditions ("Terms") apply to Direct Agents "Affiliate Contest" promotional affiliate rewards program (the "Contest"). By participating in the Contest, you agree to these Terms.
No purchase is necessary to participate in the Contest. This Contest is open to active, registered members of the affiliate network of Direct Agents Inc. (the "Company") who are marketing the Vistaprint.com (the “Advertiser”) affiliate campaign. To participate, you must have an approved affiliate account with the Company that is in good standing and register for the Contest by accepting these Terms after logging in to your affiliate account on the Company's website or through other Contest registration procedures which may be used by the Company prior to, and during the Contest. If you do not have an affiliate account with Company, you may set up an account by contacting the Company or following this link: https://da-tracking.com/affiliate_signup.html. You must be 18 years of age to participate and must be a legal resident of the United States (excluding Rhode Island and Puerto Rico), Canada (excluding Quebec), the United Kingdom, the European Union, Australia or Israel. VOID WHERE PROHIBITED BY LAW. Prizes are awarded to the legal registrant of the affiliate account. Affiliate accounts cannot be combined for this Contest. Participants may not assist each other, work together or otherwise cooperate or share resources of any kind, directly or indirectly, in order to gain advantage under this Contest. All direct affiliates and other affiliate networks are eligible to participate in the Contest. Employees of the Company or the Advertiser and members of their immediate families are not eligible to participate in the Contest or share in the Contest prize. THE COMPANY RESERVES THE RIGHT TO DISQUALIFY, IN ITS SOLE DISCRETION, ANY PARTICIPANT WHO THE COMPANY BELIEVES TO BE IN VIOLATION OF THESE TERMS, ANY APPLICABLE LAW OR PROCESS GOVERNING ACTIONS OF AFFILIATES, THE COMPANY'S AFFILIATE TERMS AND CONDITIONS, OR WHO OTHERWISE ACTS IN A DISRUPTIVE MANNER TOWARDS COMPANY, THIS CONTEST OR ANY PARTICIPANT HEREOF.
Prizes shall be awarded based on the total number of sales that you generate during the Contest, which shall run from March 1st at 12:01 am through April 15th, 2009 at midnight (Eastern Standard Time) (the "Term"). The Company reserves the right to modify or discontinue any campaign or the sales to be awarded under any campaign, or make any campaign ineligible for the Contest in its sole discretion, without notice during the Term. Sales generated shall be calculated by the Company using its affiliate tracking and other internal/external systems. To qualify , all sales must be from US traffic ONLY. Certain quality standards apply in order for sales to be counted toward the Contest. The Company shall have the sole discretion to determine eligibility, and the winners of each prize in the Contest, which determination by the Company shall be final and binding. Fraudulent affiliates will be immediately suspended.
The first prize will be awarded to the Contest participant who generates the highest number of valid sales for the Vistaprint offer. The winner will be provided two round tickets to board a commercial airliner to a destination in the Caribbean to be announced. There the winner will be provided with accommodations at a 4 star all- inclusive hotel resort for three nights. All standard accommodation and food/beverages covered by the all inclusive resort destination will be provided. The prize does not cover any additional resort amenities or offsite activities that the contest winner may choose to participate in. The approximate total value of this prize is up to $4,000.00. A minimum of 3500 sales are required to qualify for this prize.
The second prize will be provided to the contest participant who has accumulated the second highest number of valid Vistaprint sales. The 2nd prize winner will be awarded a Sony Vaio or Macbook Air. A minimum of 2500 sales are required to qualify for this prize. The approximate total value of this prize is up to $2000.
The third prize will be awarded to the Contest participant who has accumulated the third highest number of valid Vistaprint sales. The third place winner will receive a $500 gift card to used anywhere. A minimum of 1000 sales are required to qualify for this prize. The approximate total value of this prize is up to $500.00.
Winners of the prizes under the Contest will be contacted within 30 days of the end of the Term of the Contest by contacting the registered account holder at the contact information listed in the affiliate account under which the prizes are earned. If any winner cannot be contacted within such 30 days, or if a winner is deemed ineligible pursuant to these Terms or any applicable law, such winner's prize may be forfeited and an alternate winner awarded the prize, in the Company's sole discretion. Prizes will be awarded within 90 days of the end of the Term of the Contest and in the case of the Grand, Second and Third place prizes, to the extent travel logistics make it unfeasible to award the prize(s) within such 90 day period in the Company's sole discretion, the prize(s) will be awarded no later than 150 days from the end of the Term.
The registered name of the participant's affiliate account shall be awarded the prize. In the event of a tie, the contest will be extended for another 48 hours to give the affiliates that are tied a chance to exceed each other in total sales. Any taxes, federal, provincial, state, local or otherwise, levied in connection with prizes awarded under the Contest shall be the sole responsibility of and paid by the prize winners. Winners will be required to execute Company's form of affidavit of eligibility and all winners and their guests selected to participate in any of the prizes to be awarded herein must sign the Company's form of release in connection with liability and publicity prior to receiving prizes or shall otherwise forfeit the prizes (which release shall incorporate by reference any or all of the provisions of these Terms which have been inserted for the benefit of the Company or any of the Releasees as defined herein). Winners and their selected guests (if applicable) agree to the use of his or her name and/or likeness for the purpose of advertising or promotion, including but not limited to pictures, video, voice or other representation of identity, without further compensation therefore, unless prohibited by applicable laws. If requested by Company, video or other images may be used by Company in lieu of publically revealing the identity of the winners. Prize winners shall consent to the presence of Company approved media coverage and/or internal Company video or photographic presence for such purpose. No alternative prize, cash or other substitution shall be permitted except by Company. Prizes are non-transferable. Company reserves the right at its sole discretion to substitute a prize of equal or greater value. Where transportation is to be provided as part of any prize, all flights shall leave from a gateway location in North America to be selected by Company, with commercially reasonable attempts to select a location that is most convenient for the winners, and winners shall be responsible for transportation and associated costs to and from such location.
This contest will only cover shipping of the 2nd place prize to a location within the United States. The contest winner will be required to cover any additional shipping costs, insurance, and customs duty for an international shipment. If the 1st place winner chooses not to travel during the time period specified, a cash equivalent of the planned travel package will be awarded within 90 days from the end of the contest.
You agree that under no circumstances, including, but not limited to, negligence, shall Company, or Advertiser, their parent, subsidiary, and affiliated companies, advertising, promotion, and fulfillment agencies, and legal advisors, and their respective officers, directors, employees, shareholders, agents, representatives, successors, and assigns (the "Releasees") be liable for any direct, indirect, incidental, special, or consequential damages arising from participation in the Contest, even if any or all of the Releasees have been advised of the possibility of such damages. Where any jurisdiction does not allow the exclusion or limitation of incidental or consequential damages, such exclusions may not apply. You hereby waive any and all rights to bring any claim or action related to your participation in the Contest in any forum beyond one (1) year after the first occurrence of the act, event, condition or omission upon which the claim or action is based. The Releasees are not responsible for and shall not be liable for: (i) late, delayed, misdirected, incomplete, illegible, notices, releases, forms, affidavits, or other correspondence; (ii) telephone, electronic, hardware or software program, network, Internet, or computer malfunctions, failures, interruptions or difficulties of any kind; (iii) failed, incomplete, garbled, or delayed computer transmissions; (iv) any condition caused by events beyond the control of the Company or any of the Releasees that may cause the Contest to be interrupted, disrupted or corrupted; (v) any injuries, losses, or damages of any kind arising in connection with or as a result from participation in the Contest, any prizes, or arising from the participants access to and use of the Company's Website and all related websites, including without limitation, personal injury, death, and property damage, and claims based on publicity rights, defamation, or invasion of privacy, to the extent permitted by law; or (vi) any errors in any materials associated with the Contest. Company reserves the right to cancel, suspend and/or modify the Contest if any problem results in the corruption of the administration, security, or otherwise in connection with the operation of the Contest, as determined by the Company in its sole discretion. Any attempt by any person to interfere, discredit or undermine the legitimate operation of the Contest may be a violation of criminal and civil law, and the Company reserves its rights in its sole discretion to claim damages in connection with such actions to the fullest extent permitted by law and any failure by Company to enforce any of these Terms in connection with any person shall not constitute a waiver of such rights.
By participating in this Contest, you agree that any and all disputes, claims and causes of action arising out of or in connection with this Contest or any prizes awarded in connection herewith shall be resolved exclusively in the jurisdiction of and by the laws of the state of New York.. The construction, validity, interpretation and enforceability of the Terms and the rights and obligations of participants and Company shall be governed and construed by the laws of New York State. If any provision of these Terms shall be held to be unenforceable by any adjudicator of competent jurisdiction, such provision shall be severed and the unsevered provisions of the Terms shall remain in full force and effect. Winners of any prizes under the Contest agree to rely solely on the manufacturer's warranties in connection therewith. THE RELEASEES HEREBY UNCONDITIONALLY AND TO THE FULLEST EXTENT PERMITTED BY LAW DISCLAIM ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE PRODUCTS AND/OR SERVICES OFFERED IN CONNECTION WITH ANY OF THE PRIZES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES HOWSOEVER ARISING.
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