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HP Officejet Pro Challenge Laser edition terms and conditions

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THE HP OFFICEJET PRO CHALLENGE

THE FOLLOWING PROMOTION IS INTENDED FOR PLAY IN THE 50 UNITED STATES OR DISTRICT OF COLUMBIA ONLY AND SHALL BE CONSTRUED AND EVALUATED ACCORDING TO UNITED STATES LAW. DO NOT ENTER THIS PROMOTION IF YOU ARE NOT IN THE 50 UNITED STATES OR DISTRICT OF COLUMBIA AT THE TIME OF ENTRY.
1.  Eligibility: NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED. Entries in The HP Officejet Pro Challenge: Laser Edition ("Promotion")" may be submitted by persons ("Submitter") who are legal residents of the 50 United States and the District of Columbia, 18 years of age or older at the time of entry, who owns a small business. The small business must employ between 1-19 individuals; must be located within one of the 50 United States or the District of Columbia; must have owned and used a color laser printer that is not an HP product and cost $600 or less prior to Entry Period; must print a minimum of ten (10) pages, that uses color ink/toner, per week; and must have been in business for a minimum of one (1) year from start of Entry Period. Entry shall be made on behalf of the small business and not the individual Submitter. Employees, officers and directors (and their immediate families [spouse, children, parents, siblings] and those living in their same households [whether or not related]) of The Hewlett-Packard Company ("Sponsor"), its parent, shareholders, officers, directors, agents, members and assigns, retail locations, suppliers, distributors, subsidiary and affiliated companies, advertising, promotion, or production agencies and Web masters/suppliers (collectively, hereinafter, the "Released Parties") are not eligible to be a Submitter. By participating, entrants agree to these Official Rules. All entries become property of Sponsor and will not be returned.
2.  Promotion Overview: Small business owner enters for a chance to win an HP Officejet Pro printer for their respective workplace. The winning small businesses then enter the "Challenge" portion of the Promotion in which they swap their existing printer for the HP Officejet Pro printer and submit blog or video posts of their printing experiences for a four-week Challenge Period. Sponsor will host a poll each week of the Challenge Period, asking visitors which small business's post they found most helpful/useful. The business receiving the most votes at the end of the Challenge Period win the Grand Prize. All details described below.
3.  Promotion Periods: Entries may be accepted between 12:01:01 a.m. Eastern Time ("ET") on August 13, 2009 and 11:59:59 p.m. ET on August 27, 2009 ("Entry Period"). The Challenge begins at 12:01:01 a.m. ET on September 21, 2009 and ends at 11:59:59 p.m. ET on October 16, 2009 ("Challenge Period"). The computer of the Sponsor is the official clock for this Promotion.
4.  To Enter: During the Entry Period, visit www.hp.com/go/officejetprochallenge (the "Web site") to access the Promotion registration form. Fully and accurately complete the online registration form including information about your small business, answer the questionnaire which will take approximately one (1) to two (2) minutes to complete, and submit your entry. Limit one (1) entry per qualifying small business. Electronically, digitally, or mechanically reproduced entries will be disqualified. All entry information becomes the property of the Sponsor. Sponsor reserves the right to verify all entries. All entries must be received by 11:59:59 p.m. ET, August 27, 2009 to be eligible for the random drawing. Please see the privacy policy located at http://welcome.hp.com/country/us/en/privacy.html for details of Sponsor's policy regarding the use of Submitter's personal information collected in connection with this contest.
5.  Drawing: Five (5) small businesses ("Drawing Winners") will be selected in a random drawing to be held, on or about August 31, 2009, from among all eligible entries received during the Entry Period by an independent judging agency, whose decisions are final and binding in all matters relating to this Promotion. Submitters of entries selected have no individual right to receive a prize or participate in the challenge. Drawing Winners will be notified by mail, email, overnight mail and/or phone to the Submitter on or about September 2, 2009. Sponsor is not responsible for changes to Submitter's mailing address, email and/or daytime telephone number. Drawing Winners' will receive a drawing and have the right to participate in the challenge.
6.  Challenge Guidelines: To participate in the Challenge, Drawing Winners must comply with the guidelines described herein and sign and return an eligibility and liability release and be verified prior to being deemed a Drawing Winner. Drawing Winners must:
(a)  stop using their existing printer and only use the HP Officejet Pro for the Challenge Period;
(b)  notify Sponsor's representative, as communicated by Sponsor at time of Drawing Winner notification, as to the date in which printers were swapped;
(c)  commit to submit either a blog or video post (a "Challenge Post") a minimum of one (1) time per week, during the Challenge Period, for a total of of four (4) Challenge Posts; and
(d)  each Challenge Post must focus on the one (1) topic that Sponsor's representative provides at the beginning of the week as related to the use of the HP Officejet Pro, including: Energy savings; Cost savings; Print speed; Print quality; Durability (highlighter smudging, ink smearing, water-resistance prints); Duplex printing; Ease of wireless networking; and Overall experience with color printing. If Small Business owner chooses not to be a Drawing Winner, Sponsor reserves the right to select another eligible Small Business in its place. Sponsor will monitor or screen Challenge Posts prior to posting them to the Web site. By participating, Small Business acknowledges that Challenge Posts may be posted on the Sponsor's Web site and/or the HP YouTube channel, in Sponsor's sole discretion. Sponsor has no obligation to use or post any Challenge Post submitted. Sponsor shall have full right and power to copy, publish, broadcast, display, distribute, use, edit, translate, alter, combine with other material, reuse and adapt any or all portions of any Challenge Post, in any way and for any purpose whatsoever, at any time, now or in the future, in any media now known or hereafter devised throughout the world in any manner whatsoever and for any purpose. Submission of a Challenge Post further constitutes the small business's consent to irrevocably assign and transfer to the Sponsor any all rights, title and interest in the entry, including, without limitation, all copyrights. Challenge Posts must be the original work of the small business; may not have won previous awards; may not have been published previously; must not infringe third-party rights, and must be suitable for publication (i.e., may not be obscene or indecent).
 
Additional Challenge Post guidelines: Each Challenge Post:
Cannot be sexually explicit or suggestive, unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group, profane or pornographic, contain nudity or any materially dangerous activity;
Cannot promote alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing), any activities that may appear unsafe or dangerous, or any particular political agenda or message;
Cannot be obscene or offensive, endorse any form of hate or hate group;
Cannot defame, misrepresent or contain disparaging remarks about Sponsor or its products, or other people, products or companies;
Cannot contain trademarks, logos or trade dress owned by others, or advertise or promote any brand or product of any kind, except HP, without permission, or contain any personal identification, such as license plate numbers, personal names, e-mail addresses or street addresses;
Cannot contain copyrighted materials owned by others (including photographs, sculptures, paintings and other works of art or images published on or in Websites, television, movies or other media) without permission;
May not include images of corporate logos, trademarks or identities (other than HP), or other proprietary materials owned by others such as television shows, magazines, or Web pages, without permission.
Cannot contain materials embodying the names, likenesses, photographs, or other indicia identifying any person, living or dead, without permission;
Cannot communicate messages or images inconsistent with the positive images and/or goodwill to which Sponsor wishes to associate; and
Cannot depict, and cannot itself, be in violation of any law.
7.  Voting: Sponsor will host a poll each week of the Challenge Period on , asking visitors to vote on the small businesses' posts they found most helpful/useful. The small business receiving the most cumulative votes at the conclusion of the Challenge Period and when final voting closes, will win the Grand Prize (subject to verification) In the event of a tie, there will be an additional voting period for winner selection as determined by Sponsor. Voting is scheduled to close at 11:59 p.m. on October 16, 2009. Limit one (1) vote per day per person and/or email address. Any use of robotic, macro, automatic, programmed or like voting methods will void all such votes. Any attempt by a Drawing Winner and/or his/her family/friends to vote more than the number of times authorized herein using multiple names or email addresses and/or any other fraudulent mechanism, as determined by Sponsor in its sole discretion, shall give Sponsor the right to disqualify Drawing Winner in its reasonable discretion.
8.  Prizes/Odds: Grand Prize (1): Grand Prize winning business will receive a Logoworks by HP package and a one-year supply of printer ink and paper. Printer ink and paper will be awarded in the form of 30 packs of HP Bright White Paper, three (3) HP 940XL Black Officejet Inkjet Cartridges, six (6) HP 940XL Cyan Officejet Inkjet Cartridges, six (6) HP 940XL Magenta Officejet Inkjet Cartridges and six (6) HP 940XL Yellow Officejet Inkjet Cartridges. Approximate Retail Value (ARV): $1,785.00.
  Drawing Prizes (5): Each business will receive an HP Officejet Pro 8500 Wireless All-in-One printer, a full set of HP 940XL Officejet Inkjet Cartridges (black, cyan, magenta and yellow) and three packs of HP Bright White Paper. Drawing Winner responsible for installation and set up. ARV: $540.00 each. All federal, state and local taxes, and all other expenses not specifically listed as part of prize, are the responsibility of the Drawing Winners and the Grand Prize winning business. Sponsor will cover all prize shipping charges. Prize details and availability are subject to change, in which case a prize of equal or greater value may be substituted at Sponsor's sole discretion. All other expenses not specified herein are the sole responsibility of the prize recipient. Prize is non-transferable, with no cash redemptions or substitutions except at Sponsor's sole discretion. Total ARV of all prizes is $4,485.00. ARV is as of date of printing of these Official Rules. Any difference in the stated ARV and the actual value of any prize will not be awarded. Limit one (1) Drawing Winner Prize per person/business. Odds of winning the Grand Prize are based upon the number of eligible votes received. Unclaimed prizes will not be awarded. Sponsor will notify the Small Business with whom Submitter is affiliated. Prize fulfillment is subject to the Small Business' internal policies. It is the Small Business' sole and ultimate responsibility to determine how and if any prize will be distributed or retained internally and Sponsor assumes no responsibility for the decisions made by Small Business regarding internal prize distribution.
9.  Winner Notification: Potential Grand Prize winning small business will be notified by email, phone and/or express mail on or about October 19, 2009.
10. 
General Conditions: Submitter agrees
(a)  that Sponsor, Released Parties and all of their respective officers, directors, employees, representatives and agents are released, will have no liability whatsoever for, and shall be held harmless by participants against any liability for any injuries, losses or damages of any kind to person(s), including death, or property resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of the prize or participation in this Promotion or any Promotion-related activities and/or use of any Challenge Posts;
(b)  under no circumstances will participants be permitted to obtain awards for, and participant hereby waives all rights to claim, punitive, incidental, consequential, or any other damages, other than for actual out-of-pocket expenses;
(c)  all causes of action arising out of or connected with this Promotion, or any prize awarded, shall be resolved individually, without resort to any form of class action; and
(d)  any and all claims, judgments, and award shall be limited to actual out-of-pocket costs incurred, excluding attorneys' fees and court costs. Except where legally prohibited, Drawing Winners and Grand Prize winning business grant (and agree to confirm that grant in writing) permission to Sponsor and those acting under its authority the right to the use of his/her employee names, pictures, likenesses, voices, biographical information and statements, and Challenge Posts (whether altered, changed, modified, edited, used alone, or used with other works) at any time or times, for advertising, trade, publicity and promotional purposes without additional compensation, in all media now known or hereafter discovered, worldwide and on the Internet and World Wide Web, without notice, review or approval. Potential winning Small Business and Drawing Winners are subject to verification. Drawing Winners and an authorized official of the Grand Prize winning business may be required to complete, sign and return an Affidavit of Eligibility and a Liability Release within a specified number of days, as determined by Sponsor, in Sponsor's sole discretion, of receipt of notification. If documents are not returned timely, or if the prize notification or prize is returned as non-deliverable, or if a Drawing Winners/Grand Prize winning business is found to be ineligible or otherwise not in compliance with these Official Rules, prize will be forfeited and an alternate Drawing Winners/Grand Prize winning business selected. The entry information provided is subject to the Privacy Policy on the above stated Web site. To read that Policy, access the Web site and then access the Privacy Policy http://www.hp.com/privacy.
11.  Limitations of Liability: Neither Sponsor, Released Parties nor their agencies are responsible for lost, illegible, late, misdirected, incomplete, mutilated, or non-delivered entries, emails, Challenge Posts or votes; or for interrupted or unavailable satellite, network, server, Internet Service Provider (ISP), Web site, telephone or other connections, availability or accessibility, or miscommunications, or failed computer, satellite, telephone or cable transmissions, or lines, or technical failure or jumbled, garbled, corrupted, scrambled, delayed or misdirected transmissions, or computer hardware or software or telephone malfunctions, failures, or technical errors or difficulties, or other errors of any kind whether human, mechanical, electronic or network or the incorrect or inaccurate capture of entry or other information, or the failure to capture, or loss of, any such information. Neither Released Parties nor their agencies are responsible for any incorrect or inaccurate information, whether caused by Web site users, or by any equipment or programming associated with or utilized in this Promotion; and assume no responsibility for any error, omission, interruption, deletion, defect or delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or tampering with or hacking of the Web site. Sponsor reserves the right, at its sole discretion, to disqualify any individual it finds to be tampering with entry or voting process or operation of Promotion or Web site, to be acting in violation of the terms of the Web site or to be acting in a non-sportsmanlike or disruptive manner, or with intent to threaten, abuse or harass any other person. Released Parties are not responsible for injury or damage to participant, participant's computer or any other person's computer related to or resulting from participating in this Promotion or downloading or copying materials from or use of Web site. If, for any reason, Promotion, in the sole opinion of Sponsor, is not capable of running as planned by reason of infection by computer virus, worms, bugs, tampering, hacking, unauthorized intervention, fraud, technical failures or any other causes which, in sole opinion of the Sponsor, corrupt or affect the administration, security, fairness, integrity or proper conduct of this Promotion, Sponsor reserves the right, at its sole discretion, to cancel, terminate, modify or suspend Promotion, and randomly determine Drawing Winners and/or Grand Prize winning business from eligible entries received prior to action taken, or as otherwise deemed fair and equitable by Sponsor. If such malfunction, error, disruption or damage occurs, and impairs the administration, security, fairness, integrity or proper play of the Promotion, Sponsor may, in its sole discretion, suspend or terminate the Promotion by posting a notice on www.hp.com/go/officejetprochallenge. In case of dispute, authorized subscriber of e-mail account used to enter at actual time of entry will be deemed to be the participant, and must comply with these Official Rules. The authorized account subscriber is deemed to be natural person who is assigned an e-mail address by an Internet Access Provider, on-line service provider, or other organization that is responsible for assigning e-mail addresses.
  In no event will Released Parties, their respective parents, affiliates, subsidiaries and related companies, their advertising or promotion agencies or all of their respective officers, directors, employees, representatives and agents be responsible or liable for any damages or losses of any kind, including direct, indirect, incidental, consequential or punitive damages arising out of your access to and use of the Web site or downloading from and/or printing material downloaded from said Web site. Without limiting the foregoing, everything on this Web site is provided "as is" without warranty of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose or non-infringement. Some jurisdictions may not allow limitations of exclusion of liability for incidental or consequential damages or exclusion of implied warranties, so some of the above limitations or exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding these limitations or exclusions. ANY ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE THE WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION 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 FROM ANY SUCH PERSON TO THE FULLEST EXTENT AS PERMITTED BY LAW, INCLUDING CRIMINAL PROSECUTION.
12.  GOVERNING LAW/JURISDICTION: ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE OFFICIAL RULES OR THE RIGHTS AND OBLIGATIONS OF ENTRANTS OR SPONSOR IN CONNECTION WITH THE PROMOTION SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAWS OF THE STATE OF CALIFORNIA. WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OF CONFLICT OF LAW RULES OR PROVISIONS THAT WOULD CAUSE THE APPLICATION OF ANY OTHER STATE'S LAWS. BY ENTERING, ENTRANTS CONSENT TO THE JURISDICTION AND VENUE OF THE FEDERAL, STATE AND LOCAL COURTS LOCATED IN SANTA CLARA COUNTY, CALIFORNIA.
13.  Winners List: For the names of the Drawing Winners and the Grand Prize winning business, write your name and complete address on a 3"x5" card and mail in a first-class stamped envelope to: The HP OfficeJet Pro Challenge Winner's List Request, P.O. Box 3184, Young America, MN 55558-3184. Requests must be received by October 19, 2009.
  Sponsor: The Hewlett-Packard Company, Palo Alto, California 94304; Administered by: Young America Corporation, 717 Faxon Road, Young America, MN 55397
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