Orkut Contest Guidelines
These Contest Guidelines ("Guidelines") apply to all contests ("Contests") conducted by you or on your behalf on http://www.orkut.com (including all mirror or derivative sites, and all replacements or successor versions thereof) (the "Website"), and your use of any contest pages or other products, features or services of Orkut ("Orkut Services") in connection with such Contests. By conducting a Contest on the Website you agree to be bound to these Guidelines, as well as to the Website Additional Terms of Service, which are each incorporated herein by reference. If you do not agree to any of these Guidelines, then please do not use the Website to conduct any Contests.
1. You agree that the Contest will comply with all applicable federal, state and local laws, rules and regulations in the jurisdiction(s) in which the Contest is offered or promoted and that the Contest will not infringe upon or encourage the infringement of any third party rights or the participation in any unlawful activity, including without limitation gaming or gambling.
2. Entry in the Contest must be open only to persons who are able to lawfully enter into contractual relations in the applicable jurisdiction(s) in which the Contest is conducted.
3. The Contest must have a complete set of "Official Rules" (the "Official Rules") which must be posted on the Contest entry page or otherwise disclosed to all Entrants (as defined below). The Official Rules for the Contest must at the minimum: (i) require that Entrants agree and comply with the Website Additional Terms of Service; (ii) disclose the eligibility criteria, rules of participation, objective judging criteria and prizes (whether tangible or intangible), if any and, (iii) contain all disclosures required pursuant to all applicable federal, state and local laws, rules and regulations in all jurisdictions in which the Contest is offered or promoted. For the avoidance of doubt, nothing in the Official Rules may restrict, limit or alter the Website Additional Terms of Service. If you plan to offer or promote the Contest in multiple jurisdictions, you will submit the Official Rules for our approval prior to the actual offer or promotion of the Contest.
4. Notwithstanding our approval or assistance in connection with your Contest, you remain solely responsible for the Contest, including the Official Rules, the review of any and all entries to the Contest, any and all marketing with respect to the Contest, the evaluation and judging of all entries and the timely acquisition and fulfillment of all prizes offered in connection with the Contest. Any review of the Official Rules by us does not constitute an approval or opinion as to the legal appropriateness, accuracy, or adequacy of those rules or their manner of use, nor a waiver of our indemnity rights under these Guidelines.
5. The Official Rules must be in accordance with the Website Additional Terms of Service. The Contest must be conducted, and all prizes awarded, in accordance with the Official Rules.
6. No payment or purchase or consideration of any kind may be required to participate in the Contest, except with our prior express written approval.
7. You acknowledge and agree that users submit content to the Contest and that you are solely responsible for approving any content for entry into the Contest and for the display of content on any Google hosted Contest page. As between you and Google, you shall be solely responsible for the content entered into the Contest and for any liability resulting from the posting or publication of the Entries and other materials in connection with the Contest.
8. You must immediately remove any Entry and disqualify any Entrant who has or is suspected of violating the Official Rules of the Contest or whose Entry infringes or potentially infringes upon the intellectual property rights or other rights of any person or entity or otherwise violates the Website Additional Terms of Service. You acknowledge and agree that Google may, but is not required to, terminate any user account, including that of an Entrant, at any time and may remove any content posted to the Website, including an Entry, or otherwise follow a DMCA procedure (Google’s DMCA policy can be found at http://www.google.com/dmca.html). You acknowledge and agree that Google is not liable to you for termination of any account, the removal or reposting of any content or Entry or its failure to terminate an account or remove or report any content.
9. You must include a privacy notice in your Official Rules notifying Entrants if you will collect any personal information in connection with the Contest, and how the personal information collected shall be used. You agree to notify Entrants that any personal information collected by you will be used and collected in accordance with your privacy notice, not Google's Privacy Policy. Your privacy notice must be compliant with all laws where your contest is offered or promoted and include all best practice authorization and security specifications required by those laws. You agree to use all personal information collected from Entrants in accordance with your stated privacy policy and applicable laws.
10. You agree that you will post a notice on the Website stating that Google is not a sponsor of the Contest and has no responsibility or liability regarding the conduct or administration of the Contest. While you retain your rights in your branded features associated with the Contest; the functionality of your Contest including, but not limited to any voting module, contest gadget or community page, remains the intellectual property of Google.
11. You agree that Google shall have the right to remove your Contest from the Website in the event of any breach or suspected breach by you of any of these Guidelines and/or the Website Additional Terms of Service, or in the event that Google determines in its sole discretion that the Contest does not comply with any applicable laws or regulations and/or infringes upon the rights of any third party. Such remedy is without waiver of any other rights or remedies Google may have against you on account of such breach. You hereby release Google from any liability resulting from such action.
12. You understand that content and Entries entered in your Contest are hosted by Google on the Website, and will be available both on any Google hosted Contest page and generally on the Website, and will continue to be so available following the completion of your Contest.
13. You agree that Google has no responsibility or liability for the deletion or failure to store any Entries and other communications maintained or transmitted by Google. You acknowledge that Google has set no fixed upper limit on the number of transmissions you may send or receive or the amount of storage space used; however, we retain the right, at our sole discretion, to create limits at any time with or without notice.
14. You understand that the technical processing and transmission of services related to the Contest and Entries may involve (a) transmissions over various networks and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Upon the termination of the Contest, Google may close your account and access to the Contest, and you may no longer be able to directly retrieve Entries.
15. You agree to defend, indemnify and hold harmless Google, its affiliates, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Orkut Services under the Guidelines; (ii) your violation of any term of the Guidelines; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; (iv) any claim from any third party relating to or arising from the Contest; or (v) any claim that the Contest violates any law, rule or regulation. This defense and indemnification obligation will survive the Guidelines and your use of the Orkut Services.
16. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF ORKUT SERVICES TO CONDUCT THE CONTEST IS AT YOUR SOLE RISK. ORKUT SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, GOOGLE EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GOOGLE OR ITS AFFILIATES OR THROUGH OR FROM USE OF ORKUT SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS.
17. IN NO EVENT SHALL GOOGLE, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (i) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (ii) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR USE OF ORKUT SERVICES, (iii) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (iv) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (v) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (vi) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, PERFORMED OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SUCH ENTITY OR PERSON IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
July 14, 2011