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What are the rules?

Introduction

The X-Rite Employee Portal Photo Contest (“Contest”) is sponsored by X-Rite, Incorporated (“Sponsor”). Prizes will be awarded to three (3) Contest winners who submit a photo in accordance with these Rules. All entries must represent photos taken by an employee. Each photo submitted must have a name, and a number will be assigned upon receipt. There will be two (2) voting opportunities:

Phase 1 will determine the top 10 by popular employee vote
Phase 2 will determine the ultimate top (3) photos.

Voting will be by photo name/number and will not be identified by photographer until the winners are announced.

Eligibility

Contest is open to employees only.

How to Enter

Submissions can be made by emailing to photocontest@xrite.com during the Contest Entry Period.

Contest Entry Period

Contest begins on January 18, 2010 and ends on January 29, 2010

Eligible Content

Each employee may only enter one (1) photo.

Everything submitted must be your own original material. Entrants must represent themselves as the owner of submitted materials and thereby assume all responsibility for any copyright violation.

Photo entries are monitored by Sponsor. Sponsor reserves the right to reject any entry deemed pornographic or offensive. Please also see Flickr guidelines at http://www.flickr.com/atos/pro/.

Additional Conditions

By entering, participants accept and agree to be bound by these Rules and the voting results.

This contest is subject to all federal, local, provincial and municipal laws. Void where prohibited.

Entrants acknowledge and agree that their submissions, including, but not limited to, third parties’ content and/or information contained therein, and/or entrants’ own names, likenesses and biographical information, may be used by Sponsor for public relations and/or promotional purposes including without limitation, on Sponsor’s Web Site. By participating in this Contest, entrants warrant that they have the right to grant Sponsor the above mentioned uses. Entrants further warrant that their submissions are original and do not infringe any copyright, trademark, publicity, privacy or other proprietary right of any third party.

By participating, entrants hereby agree to hold harmless and indemnify Sponsor, its subsidiaries, distributors and affiliates, their respective agents, directors, officers, employees and representatives (the “Indemnified Parties”), from and against any and all claims, suits, liabilities, losses, damages, harm, injuries, costs or expenses, including litigation costs and reasonable attorney fees, which the Indemnified Parties may incur in connection with entrants participation in the Contest including without limitation (i) the use of entrants’ submissions, including but not limited to third parties’ content and information contained therein, and/or entrants’ own names, likenesses and biographical information as provided herein, (ii) any allegation that the submissions including but limited to third parties’ content and information contained therein violate the intellectual property rights of any third party, and/or (iii) from entrants’ acceptance, use and/or misuse of a prize.

Sponsor assume no responsibility for lost, misdirected, or late entries or by any human or mechanical error, which may occur in the processing of the entries in this Contest. Sponsor reserves the right to cancel the Contest or change any element thereof, with or without notice, at any time, due to mistakes in the production of the Contest. Sponsor may prohibit an entrant from participating in the Contest or winning a prize if, in its sole discretion, it determines that said entrant is attempting to undermine the legitimate operation of the Contest by cheating, hacking, deception, or other unfair playing practices (including the use of automated quick entry programs) or intending to annoy, abuse, threaten or harass any other entrants or Sponsor’s representatives. If for any reason this Contest is not capable of running as planned due to including, without limitation, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failure, human error or any other causes beyond the control of Sponsor that corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Contest, then Sponsor reserves the right at its sole discretion to disqualify any individual who tampers with the entry process and to cancel, terminate, modify or suspend the Contest.

Sponsor assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries. Sponsor is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers, or providers, computer equipment, software, failure of any E-mail or entry to be received by Sponsor on account of technical problems or traffic congestion on the Internet or at any Web Site, any combination thereof, or otherwise, including any injury or damage to entrant's or any other person's computer related to, or resulting from, participation or downloading any materials in the Competition. CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY'S FEES) FROM ANY SUCH ENTRANT TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.

Except where prohibited, each entrant agrees that (1) any and all disputes, claims and causes of action arising out of or connected with this Contest or any prize awarded shall be resolved individually, without resort to any form of class action, exclusively by state or federal courts situated in Kent County, Michigan (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, but in no event attorneys’ fees; and (3) no punitive, incidental, special, consequential or other damages, including without limitation lost profits may be awarded and entrant hereby waives all rights to claim such damages and all rights to have such damages multiplied or increased.