NUANCE “Can’t Stop the Stupid Calls” STORY CONTEST OFFICIAL RULES
You must read these Official Rules before entering the Nuance “Can’t Stop the Stupid Calls” Contest Promotion (the “Promotion”). All entrants (’Entrants’) agree to be bound by these Official Rules (the ‘Official Rules’).
No purchase necessary. The Promotion is void where prohibited by law.
Sponsor. Sponsor of the Promotion is Nuance Communications, Inc. (’Nuance’), 1 Wayside Road, Burlington, MA 01803, United States.
How to Participate/Eligibility/Rules. Starting at 12:01 a.m. Eastern Time (ET), August 19, 2008, and continuing through 11:59 a.m. Eastern Time (ET), October 6, 2008 (the ‘Promotion Period’), visit the website at www.cantstopstupidcalls.com register and then contribute a story (750 words or less) about your call center experience (’Story’). Once accepted by Nuance, each Story will automatically be entered in the Promotion. Entrant may submit more than one Story, however each Story must be registered separately.
Entrant must also supply a valid e-mail address as part of the registration process and such other identification information as may be requested. No Story entries will be accepted after 11:59 a.m. Eastern Time (ET), October 6, 2008. Each Entrant must be an individual who is at least the age of majority in his or her jurisdiction of residence. Each Entrant must also be a legal resident of the United States residing in the United States for the duration of the Promotion Period. Nuance, in its sole discretion, shall determine the eligibility of Entrants and the time of entry.
Employees, independent contractors, officers, and directors of Nuance, its affiliates, subsidiaries, advertising, promotion, and fulfillment agencies, and legal advisors, the judges, and the immediate family members and persons living in the same household of such persons, are not eligible to participate in the Promotion.
By registering for or participating in the Promotion, Entrant agrees to abide by and be bound by these Official Rules and any decision Nuance or its designees make regarding any matters relating to the Promotion. Entrants who do not comply with the Official Rules are not eligible to compete or win a prize. All decisions made by Nuance or its designees shall be final and binding. Nuance reserves the right to disqualify from the Promotion, and any future contest or other promotion conducted by Nuance, and to prosecute to the fullest extent permitted by law, any Entrant who, in Nuance’s reasonable suspicion, tampers with any of Nuance’s sites, the entry process, the Promotion, violates these Official Rules, or acts in an unsportsmanlike or disruptive manner. In the event of disqualification of a winner, Nuance may replace the winner with the next runner-up at the sole discretion of the Nuance.
By participating in the Promotion, each Entrant agrees to grant to Nuance and its subsidiaries, affiliates, agents, employees, licensees and assigns a non-exclusive, worldwide, fully paid, royalty-free, perpetual license, with the right to sublicense, to reproduce, distribute, use, exploit, transmit, create derivative works of, publicly display and publicly perform the Story, materials and other information (including, without limitation, graphics, sound effects, music, video, audio, animation, screen shots, text, other creative output, and ideas for new or improved products or services) submitted by the Entrant in connection with the Promotion by all means and in any media now known or hereafter developed. By entering, Entrant understands that the Story may (in Nuance’s sole discretion) be posted online for public viewing and voting. Each Entrant hereby waives his or her rights to inspect or approve and any moral rights in any such story entries, materials and information, and hereby warrants that any such Story, materials and information are original with the Entrant, or that the Entrant has the right to submit such Story, materials and information. Each Entrant represents that any Story, materials and other information submitted accurately represent Entrant’s experience, and that Entrant has no material connection with Nuance, such as an expectation of payment (other than the possibility for winning a prize as part of this Promotion). Each Entrant warrants that the Story, materials and information submitted do not contain information considered by Entrant’s employer or any other third party to be confidential, and that the Story, materials and information submitted do not infringe the rights of any third parties or violate any laws or regulations. Each Entrant agrees that he or she shall have no recourse against Nuance or its subsidiaries, affiliates, agents, employees, licensees or assigns for any alleged or actual infringement or misappropriation of any proprietary right in the Entrant’s communication to Nuance, including but not limited to the Story.
A Story, or any portion thereof that is, in Nuance’s sole discretion, obscene, profane, lewd, defamatory, contains any third party materials or otherwise violates or infringes (or may infringe) any copyright, trademark, logo, mark that identifies another brand or other proprietary right of any person living or deceased (including but not limited to rights of privacy or publicity or portrayal in a false light) or entity, or is otherwise inappropriate or objectionable, will not be considered any may disqualify the Entrant. Entrants may not copy or otherwise plagiarize the entry material from any source. Further, any Entries that Nuance, in its sole discretion, deems to be inappropriate for publication will not be considered. In the case of multiple submissions of the same Story, the Entrant first submitting the Story will be considered the Entrant eligible for a prize.
By participating in the Promotion, Entrant consents to Nuance’s (and Nuance’s subsidiaries’, affiliates’, agents’, employees’, licensees’ and assigns’) use of his or her likeness, voice, and statements made by or attributed to him or her, in perpetuity throughout the world, in any and all media now known or hereafter developed (including, without limitation, print, broadcast, and Internet), for all business purposes including advertising and promotional activities, without additional compensation, notice or approval, unless prohibited by law.
Contest Categories and Judging. There are three (3) contest categories eligible for prizes.
- First Submission. The first twenty (20) Entrants to submit an accepted Story will be a winner in the First Submission category.
- Popular Vote. Nuance will post accepted Story entries on the contest website for the public to vote on. Voting will take place through 11:59 a.m. Eastern Time (ET), October 13, 2008 (’Voting Period’). The Story receiving the most votes during the Voting Period shall be the winner. An individual may vote on any Story as often as he or she likes, however only one vote may be submitted per calendar day per individual.
- Judged. Nuance or its designee(s) shall determine the ‘best’ Story in each of three categories: (i) You’ve got to be kidding me; (ii) Sounds like fiction; and (iii) Vacation day earned. Judging to determine the winners among the Story entries will be conducted by a panel appointed by Nuance. The panel appointed by Nuance shall select one winner in each category. Nuance or its designee(s) will be the sole inspector(s) of the Story entries, and all decisions of the panel of judges and Nuance are final and binding in all matters relating to this Promotion.
Prizes.
- Each winner of the First Submission contest will receive US$100. Approximate Retail Value (’ARV’) of prizes for each winner is US$100.
- The winner of the Popular Vote contest will receive US$1,000. ARV of the prize: US$1,000. Because the Promotion is a contest of skill, winning is dependent on the quality of submissions received.
- There will be three winners from the Judged contest, with each category having one winner. Each category winner of the Judged contest will receive US$1,000. ARV of the prize: US$1,000. Because the Promotion is a contest of skill, winning is dependent on the quality of submissions received.
Taxes. ALL TAXES ASSOCIATED WITH THE RECEIPT OF THE PRIZES ARE THE SOLE RESPONSIBILITY OF THE WINNERS. Nuance reserves the right to withhold any taxes as required by applicable law. All prizes will be awarded (other than prizes withheld for tax purposes as required by applicable law) and are not transferable. No substitutions are permitted, except Nuance reserves the right to substitute prizes of equal or greater monetary value to the prizes if for any reason any prize cannot be awarded as contemplated in these Official Rules. Winners will be required to supply a valid Social Security number prior to the award of any prize.
Notification of Winners. Winners will be attempted to be notified in or about October 2008. Winners will be notified by e-mail and/or regular mail and may be required to sign and return an affidavit of eligibility and compliance with these Official Rules, a publicity/liability release (unless prohibited by law), and any other requested documents within the time period stipulated in the documents. Failure to comply with this requirement may result in disqualification. Any notification returned as undeliverable may result in disqualification. In the event of a dispute about the identity of an individual, entries will be declared submitted by the Authorized Account Holder of the e-mail address submitted at time of entry. ‘Authorized Account Holder’ is defined as the natural person who is assigned to an e-mail address by an Internet access provider or online service provider or other organization that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. A winner may be required to provide Nuance with proof that he or she is the Authorized Account Holder of the e-mail address associated with the winner.
Individuals may request the name of the winners by submitting a self-addressed, stamped, envelope before November 30, 2008 to Nuance ‘Can’t Stop the Stupid Calls’ Contest Promotion, Winners’ List Request, 1 Wayside Road, Burlington, MA 01803, United States. Vermont residents need not include postage.
DISCLAIMER AND LIMIT OF LIABILITY. NUANCE AND ITS SUBSIDIARIES, AFFILIATES, AGENTS, EMPLOYEES, LICENSEES AND ASSIGNS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING ANY PRIZE OR ANY ENTRANT’S PARTICIPATION IN THE PROMOTION. NEITHER NUANCE OR ITS SUBSIDIARIES, AFFILIATES, AGENTS, EMPLOYEES, LICENSEES AND ASSIGNS SHALL BE RESPONSIBLE OR LIABLE FOR ANY LOSS, DAMAGE, COST, OR INJURY THAT ARISES FROM OR RELATES TO PARTICIPATION IN THE PROMOTION, OR WINNING OR USE OF A PRIZE, INCLUDING BUT NOT LIMITED TO: (I) LATE, LOST, DELAYED, DAMAGED, MISDIRECTED, INCOMPLETE, OR UNINTELLIGIBLE ENTRIES; (II) TELEPHONE, ELECTRONIC, HARDWARE OR SOFTWARE PROGRAM, NETWORK, INTERNET, OR COMPUTER MALFUNCTIONS, FAILURES, VIRUSES OR DIFFICULTIES OF ANY KIND; (III) FAILED, INCOMPLETE, GARBLED, OR DELAYED COMPUTER TRANSMISSIONS; (IV) THE DOWNLOADING OF ANY MATERIAL IN CONNECTION WITH THIS PROMOTION; OR (V) ANY OTHER CONDITION THAT MAY CAUSE THE PROMOTION TO BE DISRUPTED OR CORRUPTED. NUANCE RESERVES THE RIGHT, IN ITS SOLE DISCRETION AND WITHOUT PRIOR NOTICE, TO SUSPEND OR CANCEL THE PROMOTION OR ALTER THE RULES FOR ANY REASON, INCLUDING, BUT NOT LIMITED TO, IF AT ANY TIME A COMPUTER VIRUS, TECHNICAL PROBLEM, OR OTHER UNFORESEEABLE EVENTS ALTER OR CORRUPT THE ADMINISTRATION OF THE PROMOTION.
RELEASE. BY ENTERING THE PROMOTION, ENTRANT RELEASES AND AGREES TO HOLD HARMLESS NUANCE AND ITS PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, AGENTS, EMPLOYEES, LICENSEES AND ASSIGNS FROM ANY LIABILITY WHATSOEVER FOR ANY CLAIMS, COSTS, LOSSES, OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, THOSE RELATED TO PERSONAL INJURY, DEATH, DAMAGE TO PROPERTY, INFRINGEMENT OF PROPRIETARY RIGHTS, RIGHTS OF PUBLICITY OR PRIVACY OR DEFAMATION) ARISING OUT OF OR IN CONNECTION WITH: (I) ENTERING AND PARTICIPATING IN THE PROMOTION; (II) ACCEPTING ANY PRIZE; AND/OR (III) USE, REPRODUCTION, ADAPTATION, DISTRIBUTION, SUBLICENSING, BROADCAST, PERFORMANCE OR DISPLAY OF ANY STORY, MATERIALS AND OTHER INFORMATION PROVIDED BY ENTRANT.
Governing Law. The Promotion and the rights and obligations of Nuance and Entrants will be governed by and controlled by the laws of the Commonwealth of Massachusetts, applicable to contracts made and performed therein without reference to the applicable choice of law provisions. All actions, proceedings or litigation relating hereto will be instituted and prosecuted, without resort to any form of class action, solely within the Commonwealth of Massachusetts, Suffolk County. The parties consent to the jurisdiction of the state courts of Massachusetts and federal court located within such state and county with respect to any action, dispute or other matter pertaining to or arising out of the Promotion. In the event any provision of these Official Rules will be held to be unenforceable, these Official Rules will continue in full force and effect without such provision.
Privacy. Entrant information submitted as part of the registration process will be collected in accordance with Nuance’s Privacy Policy which can be found at http://www.nuance.com/company/privacy/.
All questions regarding the Promotion should be directed by e-mail to stupid.stories@nuance.com. Please note, however, that submissions will not be accepted via email; submissions will only be accepted via the online form.
