Going Green Design CONTEST RULES

Promotion begins at 12:00:01 a.m. Pacific Time (PDT) on April 11, 2008 and ends at May 26, 2008, 23:59:59 PDT ("Promotion Period").

1. Eligibility: Anyone can enter this contest. Void where prohibited, discouraged or restricted by law. Employees, directors, officers and cash-compensated agents of TiE, its subsidiary companies, and advertising and promotion agencies involved in this Contest are prohibited from entering the Contest.   For the avoidance of doubt, uncompensated TiE volunteers may enter the Contest subject to compliance with these rules. Persons under the 18 years of age at the time of entry must receive their parent or legal guardian's permission and written contest before their entries are considered.

2. How to Enter: Create a design with the theme Going Green that is in a viewer friendly format after reading the instructions under ‘Going Green’ design contest. For the design to be considered a valid entry in the contest, each participant must register at www.mytiecon.org. Your entry should be no larger than 4 MB. Entries must be submitted at the Flickr.com group, GoingGreen by May 26, 2008, 23:59:59 PDT. TiE (the “Sponsor”) and /or its agents are not responsible for any lost, late, misdirected or incomplete entries. All entries become the exclusive property of Sponsor and will not be returned. You may submit as many as five entries provided each entry is entirely original. Once a design is submitted, you may not edit or resubmit with edits. See section 3 below for additional details regarding entries.

   Neither the Sponsor, not its respective officers, directors, employees, volunteers, contractors or agents (collectively the "Sponsor Parties") are responsible for interrupted or unavailable network, server or other connections, miscommunications, failed telephone of computer hardware of software or telephone transmissions or technical failures, Internet Server Provide/network/website accessibility or availability, garbled or jumbled transmissions or other errors of any kind, whether human, mechanical or electronic; including without limitation the incomplete, incorrect or inaccurate capture of entry information. Sponsor reserves the right, in its sole discretion, to disqualify any individual found tampering (or attempting to tamper) with the entering process, the website, or the Contest. Any attempt by a participant to deliberately damage the website or undermine the legitimate operation of the Contest is in violation of criminal and civil laws and should such an attempt be made, Sponsor reserves the right to seek remedies and damages from any such participant to the fullest extent permitted by law, including criminal prosecution. In case of dispute as to identify of participant, entry will be declared made by the authorized account subscriber of the email account, who must comply with these Contest Rules. Sponsor reserves the right, at its sole discretion to cancel/suspend/modify the Contest, if it becomes corrupted in any manner or due to fraud or other occurrences beyond Sponsor’s control it cannot be conducted as originally planned..

3. Entries: By submitting a design, each participant represents that the design is the original work of the participant and has never been published and has not previously won any other contest. Sponsor and the Sponsor Parties assume no responsibility for disputes between persons claiming authorship of the design. Each participant further represents that use thereof does not infringe third party right (including, but not limited to those of any individual featured in the design), is suitable for publication and the right to submit is not restricted by copyright. The Entry cannot defame, disparage, or invade publicity rights or privacy of any person, living or deceased, or otherwise infringe upon any person’s personal or proprietary rights. Participant represents that any individuals in the design who are identifiable have consented to the use of their image and performance in the design, the submission of the design in this Contest, and the use of the design by Sponsor in any way Sponsor deems appropriate, including any and all media, and that such individuals will sign all necessary documents granting Sponsor these rights if required by Sponsor. Designs must be suitable for publication in a public forum (as determined by Sponsor its sole discretion), may not contain nudity, profanity, or threats of physical violence, and may not reflect negatively on the Sponsor or its products. Entries not complying with all rules are subject to disqualification at Sponsor’s sole discretion. No correspondence regarding entries will be entered into with participants. Designs submitted become the exclusive property of Sponsor and will not be returned. With respect to design entered, participant unconditionally assigns and transfers to Sponsor all rights, title, interest and claims in the design, including, without limitation, the copyright therein, and waives any moral rights in the design; provided, however, Sponsor shall have the right in its sole discretion to disclaim ownership of any Participant design or attendant intellectual property right in the event that Sponsor shall in its sole discretion deem it inadvisable to assert its ownership rights under these Rules. Sponsor shall have right to post, use, broadcast, display, publicly perform, alter, edit, assign, or dispose of such entries in whole or in part (including clips or still frames from designs) however it sees fit in any and all media without limitations as to time or territory without approval of participant. Winners will be required, as a condition of being awarded a prize, to grant the Sponsor the right to use participant’s name, image, likeness and biographical materials and any other individuals appearing in the design, as well as participant’s Design submitted, for advertising, publicity and promotion purposed including, without limitation, online announcements without additional compensation. Aside from the opportunity to win the Contest and to be awarded a prize, no further consideration shall be due to perfect the rights of the Sponsor under this Agreement.
   
   
4. Judging: Judging will for the best Going Green design will be done by a panel of judges decided by the TiECon team 
   
   
5. Prizes: There will be 3 prizes. The payment of prize money mechanism shall be solely designated by TiE, including but not limited to, wire transfer, payment through Paypal, payment by check or by any other mechanism as is convenient for Sponsor. All prizes will be awarded in the name of each of the winners. If any winner is an eligible minor in his/her state of residence, the check will be awarded to a parent or legal guardian. In the event of a tie, the Sponsor shall have the authority to award two prizes whose prize award shall be the average of the two prize levels most proximate to the tied Participants. 
   
   
6. Prize/Winner Verification: No transfer of prize allowed. Potential Prize winners will be notified by telephone and/or Email, and / or express mail and will be required to sign, have notarized and return an unmodified Affidavit of Eligibility and Liability/Publicity release form(s) within seven days of issuance in order to receive the prize. If Prize notification or any prize is undeliverable, or any prize documentation is not submitted as required by Sponsor, the corresponding prize will be forfeited.
   
   
7. General: All taxes on all prizes are solely the responsibility of winners. By participating in this promotion, participants agree to abide by and be bound by these Contest Rules and the decisions of the judges, which are final in all matters relating to this promotion. Limit one prize per family or household. Participants waive the right to asset as a cost of winning a prize any and all costs of redemption and any liability which might arise from redeeming or seeking to redeem said prize, or from use, misuse, acceptance or possession of said prize. By participating, participants agree to release and hold TiE, its officers, directors, employees, consultants, volunteers, affiliates, subsidiaries and agents, including without limitation its advertising and promotion agencies, and each of their respective directors, employees and officers, harmless from any and all liability arising from or in connection with participation n this promotion, any breach of participant’s warranties and representations in these Official Rules, any use of the design submitted by Sponsor or its agents, or the awarding , receipt or use of any prize. By entering, participants further agree that all issues and questions concerning the construction, validity, interpretation and enforceability of these Contest Rules, participants rights and obligations, or the rights and obligations of the Sponsor in connection with the Contest, 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 case the application of the laws of any jurisdiction other that the State of California. By entering, participants consent to the jurisdiction and venue of the federal, state and local courts located in California, in the county of Santa Clara. 
    
8. Limitations of Liability: Sponsor and the Sponsor Parties shall not be liable for any indirect, consequential, incidental, special or punitive damages, including but not limited to loss of revenue, loss of business, negligence or any other claim whether sounding in tort or contract for such damages. The maximum aggregate liability of the Sponsor Parties with respect to any and all claims shall in no event exceed the aggregate cash value of the prizes (U.S. $800). The Sponsor Parties are not responsible for any attempt by a participant or other individual to deliberately damage or undermine the legitimate operation of this promotion, including but not limited to any fraudulent claims, may be a violation of criminal and civil laws. Should such an attempt be made, Sponsor reserves the right to seek remedies and damages from any such individual, to the fullest extent permitted by law, including criminal prosecution. Sponsors failure to enforce any term of these Contest Rules shall not constitute a waiver of that provision. Participant engaging in any of the foregoing activities may be disqualified and will forfeit any prizes won. 
    
9. Indemnification. By entering or participating in the contest or posting a design on Flickr be in response to this Contest, Participant agrees to indemnify and hold harmless the Sponsor Parties for any claims, actions, losses, expenses, damages and other liabilities, including attorneys fees ("Losses") resulting from a breach of any Participant obligation, warranty, promise or any intellectual property infringement or ownership issue contemplated by these Rules or this Agreement. 
    
10. Winners List: For the name of the prize winners visit http://www.tiecon.org after June 4th, 2008. Winners will be posted after all winners have been verified and all claimed prizes have been awarded. 
     
11. Sponsor: TiE, 2903 Bunker Hill Lane Suite 108 , Santa Clara, CA 95054