Rules

Winzy December 2007 Sweepstakes Rules

Effective December 1, 2007.  Rules are subject to change.  Please check back periodically for updates. The promotional period begins on 12/1/07 at 12:00 a.m. Pacific Time (PT) and ends on 12/31/07 at 11:59 pm PT  ("Promotional Period").

You can enter and play sweepstakes on Winzy’s web site, http://www.winzy.com.

NO PURCHASE IS NECESSARY TO ENTER OR WIN.  A PURCHASE OR PAYMENT BY YOU OF ANY KIND WILL NOT RESULT IN INCREASED CHANCES OF WINNING.

VOID WHERE PROHIBITED OR RESTRICTED BY LAW.

Eligibility

To register and be eligible for sweepstakes, you must:

• Be at least 13 years of age;
• Be a legal resident of the United States of America, United Kingdom, or Canada (except residents of Quebec)
• Have an email account through which you can send and receive personal and private email messages;
• Have a U.S., UK or Canadian postal address at which you can receive printed correspondence and prizes;
• Have uninterrupted and unrestricted access to the Internet;
• Be able to run current versions of Javascript and Flash in Microsoft’s Internet Explorer or a compatible browser, and have cookies enabled; Cookies may be used for purposes of tracking entries into the sweepstakes.
• Reside in a U.S. state, UK constituent country, or Canadian Province in which participation in the sweepstakes is unrestricted by law.

By registering on Winzy’s web site, you agree that you meet these eligibility requirements and agree to abide by the Winzy Terms of Service. Violating these or other rules may cause the immediate suspension or cancellation of your account(s), and void your right to receive any prizes you may have won. Suspension or cancellation of your account(s) does not relieve you of any financial or other obligations incurred prior to such suspension or cancellation.

You must register using your real email address.  If you are redeeming a prize, you will need to enter your real name, address, and phone number.  You may only register once for yourself.  You also may not create accounts for other people, including but not limited to friends, family, classmates and coworkers. Each new user that you refer must be a unique person who has not signed up for Winzy in the past.

Employees and directors of Winzy, LLC, along with its affiliated entities, parent, and subsidiaries; advertising, promotion, and fulfillment agencies; legal advisors; as well as the immediate family (spouse, parents, siblings and children) and household members of each such employee and director are not eligible. The Sweepstakes is subject to all applicable federal, state, and local laws and regulations. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and the decisions of Winzy, which are final and binding in all matters related to the Sweepstakes. Winning a prize is contingent upon fulfilling all requirements set forth herein.

Prizes

• 1 Grand Prize - $1,000 Guaranteed and a chance to win $100,000 - learn more
• 1 Xbox 360 Core System, valued at or about $300
• 3 Apple iPod® nanos - 2GB digital music players valued at or about $149
• 8 x $100 Amazon.com ® gift certificates *
• 8 x $50 Amazon.com ® gift certificates *
• 18 x $25 Amazon.com ® gift certificates *
• 72 x $10 Amazon.com ® gift certificates *
• 1150 x $5 Amazon.com gift certificates *

How to win prizes:

Winzy offers three ways to win prizes:

Search and Win Instantly

Refer a Friend Who Wins Instantly

Earn Points to Enter Sweepstakes

SEARCH AND WIN INSTANTLY

Winzy users enter the Instant Winner contest by searching using Winzy.  If a Winzy user searches at the right time, the Winzy user will win the prize. Winzy will award a different number of prizes for the Instant Winner sweepstakes from day to day.

Every time you enter a unique search term and click the “Search” button to get your search results, you become eligible to win a prize, subject to the limitations described herein.  Clicking through to any other linked pages, including sponsored results and search results, will not result in additional Sweepstakes entries.  By using the Winzy Service you will have no obligations other than your agreement to be bound by the Winzy Terms of Service and Privacy Policy.

Prizes will be awarded based on random, computer-generated winning times. The total number of prizes available for random, computer-generated winning times will be reduced by one (1) for each prize awarded to the Winzy Friend who referred the winner. Winning times will depend on user traffic estimates and will not be evenly distributed on an hourly or daily basis.  If you are the first person to use the Winzy Service with a qualifying search at or after one of the randomly generated times, you will be a potential instant winner.  In the event you are a potential instant winner, you will be clearly notified and directed to a page describing the prize you won.  To accept the prize, you must follow the directions on the page within 10 days of receiving the winning notification.  Winzy will not be held responsible for interruptions in your Internet service.  You will then be instructed to provide us with relevant information to determine your eligibility and to award you the prize.

REFER A FRIEND WHO WINS INSTANTLY

If you are a registered Winzy user who has just won a prize through the Instant Winner sweepstakes, your friend that referred you is also a potential instant winner of the same prize.  Your friend will receive an email notification describing the prize and will be directed to a form to provide Winzy with relevant information to determine his or her eligibility and to award him or her the prize, provided that your friend has logged into Winzy at least one (1) time during the last 30 day period.  Your friend will have ten (10) days to claim his or her prize.

Important Restrictions

• If you win a prize while searching on Winzy, all of your friends do not win. Only the person who invited you to join Winzy wins with you. If you were not invited by anybody else to join Winzy, then nobody else will win when you win.
• If you invited somebody, who then invited someobody else who won instantly, you do not win. Only the person who directly invited the person who searched and won instantly also wins.
• If you win a prize through our month-end sweepstakes, none of your friends win with you. The Refer a Friend Who Wins sweepstakes only applies when the friend you invited wins instantly while searching on Winzy.

EARN POINTS TO ENTER SWEEPSTAKES

Winzy users will be able to accumulate points from searches made on Winzy.com. For example, Winzy users will earn 1 point for each search from the Winzy.com site, up to a maximum per day. Winzy users may also win Winzy Points Prizes instantly while searching. Winzy users may also earn points for performing various actions on Winzy, including but not limited to inviting more friends to sign up for Winzy. At the end of the month, Winzy will use all of the points each user has accumulated to enter him or her into our monthly sweepstake. Winners of the sweepstakes will be based on a random drawing. The more points a Winzy user has earned, the greater the entries he/she has in the random drawing. Each month, the user’s points will be deducted from his/her account.

Acceptable Conduct

Use of any automated system to participate is prohibited and will result in disqualification.  Winzy may disqualify at its sole discretion any entries it believes are created by an automated system.  Winzy may disqualify at its sole discretion any entries it believes do not represent legitimate use of the Winzy Service (including, but not limited to, searches for the same word or phrase more than twice, search for the letters of the alphabet or other irrelevant search queries, and any other methods that appear to be illegitimate uses of the Winzy Service).  Winzy is not responsible for lost, late, incomplete, profane, nonsensical, invalid, unintelligible, or misdirected entries, all of which may be disqualified.  Winzy is not responsible if Entrant’s computer, software, or internet connection is incompatible with any elements of the Winzy Service, or malfunctions, thus either preventing Entrant from accruing valid entries or claiming a prize. In the event of a dispute as to any entry, the authorized account holder of the email address used to conduct a search will be deemed to be the Entrant.  The “authorized account holder” is the natural person assigned to an email address by an Internet service provider, online service provider, or other organization responsible for assigning email addresses for the domain associated with the submitted address.  Potential winners may be required to verify that they are indeed the authorized account holder.

Verification of Your Win

All potential winning searches are subject to verification by Winzy.  Winzy’s decisions shall be lasting and final.  You are not yet a winner of any prize, even if the Winzy Service should so indicate, unless and until your eligibility and the potential winning search has been verified and you have been notified that verification is complete.  Winzy will not accept screen shots or other evidence of winning in place of its validation process.  Any search that occurs or any prize that has been awarded after the system has failed for any reason is deemed to be defective and is void and will not be honored.

If you receive notification that you have won a prize, you have 10 days to respond to Winzy in order to claim prize.  If the prize is not claimed within the allotted time of response, you will not be awarded the prize.  If you win, you have an obligation to continue complying with all terms and conditions of these Sweepstakes Rules.  Winning is contingent upon fulfilling all requirements.  All potential winners may be required to sign or authorize and return to Winzy, within 10 days of the date notice or attempted notice is sent, an affidavit of eligibility, proof of eligibility, and liability/publicity release in order to claim prize.  Winzy is not responsible for computer technical difficulties or interruptions in internet service of potential winners, and is not responsible for reply emails not received within the allotted time.  Potential winners who do not receive a response from Winzy should assume that the communication was not properly received by Winzy.

Publicity

Except where prohibited, winners participating in the Sweepstakes consent to have Winzy announce winner’s first name and last initial, city and state of residence, and photograph for promotional purposes in any media, especially on the worldwide internet, without further payment or consideration for winner.

Sweepstakes Results

You may obtain Sweepstakes results and/or a copy of these Sweepstakes.  Please specify which of the aforementioned is requested by addressing correspondence accordingly.  Send a hand-printed, self-addressed stamped envelope to:

“Winzy Sweepstakes Winners” (or “Winzy Sweepstakes Rules”)
c/o Winzy, LLC
2513 East Charleston Rd, Suite #101
Mountain View, CA 94043

Release

Winner agrees that by receiving any prize, winner will release and hold harmless Winzy and its respective subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and prize suppliers, and each of their respective parent companies and each such company’s officers, directors, employees and agents (collectively, the “Released Parties”) from and against any claim or cause of action, including, but not limited to product liability, personal injury, death, or damage to or loss of property, arising out of participation in the Sweepstakes or receipt or use or misuse of any prize.  Please see Winzy’s Terms of Service for more details.

Limitations of Liability

The Released Parties are not responsible for:  (1) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any failure of the equipment or programming associated with or utilized in the Sweepstakes; (2) technical difficulties of any kind, including but not limited to regular maintenance, software upgrades, addition of new features, malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention outside of Winzy’s control during any part of the entry process or the Sweepstakes; (4) technical or human error which may occur in the administration of the Sweepstakes or the processing of entries; or (5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Sweepstakes, or receipt or use or misuse of any prize.

If for any reason your entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, your sole recourse is to enter the Sweepstakes again.

General Conditions

Winzy reserves the right in its sole discretion to cancel, suspend, and/or modify the Sweepstakes, or any part of it, for any reason, including but not limited to the occurrence of fraud, technical failures, or any other factor outside of Winzy’s reasonable control which impairs the integrity or proper functioning of the Sweepstakes.  Winzy 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 Sweepstakes or to be acting in violation of these Sweepstakes Rules or in a bad faith or disruptive manner.  Any attempt by any person to deliberately undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil law, and, should such an attempt be made, Winzy reserves the right to seek damages from any such person to the fullest extent permitted by law.  Winzy’s failure to enforce any term of these Sweepstakes Rules shall not constitute a waiver of that provision. Winner is responsible for all taxes.

Disputes

Except where prohibited, you agree that any and all disputes, claims, and causes of action arising out of or connected with this Sweepstakes or any prize awarded shall be resolved individually, without resort to any form of class action, and will be governed by and construed in accordance with the laws of the United States District Court for the Northern District of California as contracts entered into in that state, without giving effect to its conflict of laws provisions or your actual state or country of residence.  You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in Santa Clara County in the State of California and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.  Any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Sweepstakes, but in no event attorneys’ fees.  Under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, 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.  All issues and questions concerning the construction, validity, interpretation and enforceability of these Sweepstakes Rules, or your and Winzy’s rights and obligations in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of California, without giving effect to any choice of law or conflict of law rules (whether of the State of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of California.

Personal Information

Please see our Privacy Policy on information collected from Winzy winners.

Contact Information

You may contact us online using this feedback form or write to us at:

Winzy Promotional Periods
September 1, 2008 - September 30, 2008
August 1, 2008 - August 31, 2008
July 1, 2008 - July 31, 2008
June 1, 2008 - June 30, 2008
May 1, 2008 - May 31, 2008
April 1, 2008 - April 30, 2008
March 1, 2008 - March 31, 2008
February 1, 2008 - February 29, 2008
January 1, 2008 - January 31, 2008
December 1, 2007 - December 31, 2007
November 1, 2007 - November 30, 2007
October 1, 2007 - October 31, 2007
September 1, 2007 - September 30, 2007
August 1, 2007 - August 31, 2007
July 1, 2007 - July 31, 2007
June 1, 2007 - June 30, 2007
May 1, 2007 - May 31, 2007
April 1, 2007 - April 30, 2007
March 1, 2007 - March 31, 2007
February 1, 2007 - February 28, 2007
January 1, 2007 - January 31, 2007