Terms and conditions

Adobe® Carousel App (for iOS or Mac) Holiday Promotion - 2011 Official Rules

NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VALID ONLY IN 50 U.S. (excluding Rhode Island), D.C., AND CANADA (Excluding Quebec). MUST BE 13+ AND OWN AN IPHONE, IPAD OR MAC DEVICE TO PARTICIPATE. CREATION OF ADOBE ID AND ONLINE ACCOUNT REQUIRED. VOID IN RHODE ISLAND, U.S., QUEBEC, CANADA AND WHERE PROHIBITED.

1. Sponsor: The Adobe Carousel App (for iOS or Mac) Holiday Promotion (the “Sweepstakes”) is sponsored by Adobe Systems Incorporated, 345 Park Avenue, San Jose, California 95110 (the Sweepstakes “Sponsor”).

The Sweepstakes is in no way sponsored, endorsed or administered by, or associated with Apple, Facebook, or Twitter. Neither Apple, Facebook nor Twitter are participants in this Sweepstakes. By entering, you understand you are providing your information to the Sweepstakes Sponsor, and not to Apple, Facebook or Twitter. Any questions, comments or complaints regarding this Sweepstakes should be directed to the Sponsor. Personal information you provide in this Sweepstakes will be used as provided in Section 12 of these Official Rules.

2). Eligibility: The Sweepstakes is open only to legal residents of the 50 United States (excluding Rhode Island), the District of Columbia, and Canada (excluding Quebec) who are at least thirteen (13) years of age who previously owned an iPhone, iPad or Mac device (“Device”) with Internet or data access, and first-time downloaders of the free Adobe Carousel Application (may be also referred to as the “Adobe® Revel™ App) with complimentary 30-day subscription, for iOS or Mac (the, “App”). An Adobe ID and online account is required to make use of the complimentary 30-day subscription. Creation of an Adobe ID is FREE.

Employees, directors and officers of Sponsor, Edelman Digital, Apple, Facebook, Twitter, and each of their respective parents, subsidiaries, affiliates, and all of their respective agents, representatives, advertising, promotion, publicity, fulfillment agencies, suppliers, distributors, and any other entity or person involved with the development, production, design, distribution, administration or execution of this Sweepstakes (collectively, the “Released Parties”), as well as the immediate family members (i.e., spouses, parents, children, siblings and their respective spouses, regardless where they reside), and persons residing in the same household of each, whether or not related, are not eligible to enter or win. The Sweepstakes is subject to all applicable federal, territory, provincial, state and local laws and regulations. Void in Rhode Island, U.S., Quebec, Canada and where prohibited, restricted or taxed by law.

3). Timing: The Sweepstakes entry period begins at 12:00:01 AM Pacific Time (“PT”) on December 22, 2011, and ends at 11:59:59 PM PT on January 2, 2012 (the “Sweepstakes Period”). Sponsor’s computer is the official time-keeping device for the Sweepstakes.

4). How To Enter: To enter anytime during the Sweepstakes Period, simply use your iPhone, iPad or Mac device (“Device”) to visit the Adobe Carousel website at http://www.adobe.com/products/carousel.html, or the iTunes or Mac App Store download the free App to download and install the free App for iOS or Mac to your Device, select the “30 Days – Complimentary subscription” plan option when prompted, and upload at least twenty-five (25) photos to the Adobe Carousel service and you will automatically receive one (1) entry in the Sweepstakes random drawing (collectively, the “Entry” or “Entries”) Note: you will be prompted to create an Adobe ID (FREE), or log-in using your existing Adobe ID credentials. Standard message and/or data rates may apply. Please consult your wireless carrier regarding its pricing plans. Only persons who first-time downloaders of the App are eligible for entry in this Sweepstakes. Second-time or multiple downloads, incomplete downloads, downloads of upgrades and bug fixes, and In-App downloads (i.e., subscription upgrade purchases) do not qualify as an eligible entry.

Entry Limits: Only one (1) entry per person will be accepted, and each entrant is only eligible to receive one (1) prize. Entries received in excess of the stated per-person limit are void. Entries will not be acknowledged or returned. Entries generated by script, macro or other automated means, or with the intent to subvert or circumvent the entry process are void. Proof of submission of a Sweepstakes Entry is not proof of receipt of such Entry by Sponsor. Use of a false email or Adobe ID account will disqualify an Entry.

5). Drawing; Winner Selection And Notification: On or about January 13, 2012, Sponsor will select twelve (12) winners by random drawing from among all eligible entries received during the Sweepstakes Period.
Odds of winning a prize in the Sweepstakes depends on the number of eligible Entries received.
Potential winners will be notified by email, mail or telephone using the information associated with the Adobe ID used at entry. In the event a potential winner cannot be contacted, is contacted and does not respond or does not respond timely with all required information, refuses the prize, is ineligible to accept the prize, or fails to claim the prize as directed, within five

(5) days of attempted notification, or is otherwise not in compliance with these Official Rules and/or is disqualified for any reason, the prize may be forfeited and, at Sponsor’s sole discretion, awarded to an alternate winner. If the potential winner is a Canadian resident, he/she will be required to answer a time-limited skill testing question without assistance, in order to be eligible to receive a prize. An Entrant is not a winner, even if a prize notification is received, unless and until the entrant’s eligibility and the potential winning entry has been verified and the entrant notified verification is complete. Potential winners must continue to comply with all terms and conditions of these Official Rules.

6). Prizes: Twelve (12) prizes will be awarded in this Sweepstakes
Twelve (12) free one (1)-year subscriptions to Adobe Carousel: Twelve (12) winners will each receive one (1) free one (1)-year subscription to the Adobe Carousel online service; Approximate Retail Value (ARV) of each prize: $59.99 USD. Aggregate ARV of all prizes: $719.88 USD.

Prizes are awarded “as is” with no warranty or guarantee, either express or implied. Prizes may not be substituted, assigned or transferred, or redeemed for cash or other goods and services except at the discretion of Sponsor who reserves the right, to substitute a prize (or portion thereof) with one of comparable or greater value. All prize details are at Sponsor’s sole discretion. Winners are responsible for all applicable federal, state and local taxes, if any, as well as any other costs and/or expenses associated with prize acceptance and use not specified herein as being provided. Only the advertised number of prizes and those claimed in accordance with these Official Rules will be awarded. Allow up to four (4) weeks for prize delivery.

Important Information Regarding Adobe Carousel Subscriptions: Adobe Carousel is a photography solution that gives you access to your entire photo library using your iPad, iPhone, and Mac. Use Adobe Carousel requires an Adobe ID and ‘Allow Access to Location Services’ permissions on your Device. Use of the Adobe Carousel App 30-Day complimentary subscription (in the case of entrants who download the App), or 1-Year Free subscription period (in the case of winner), is subject to the relevant Adobe online software service License and App Store terms and conditions. If after expiration of the 30-day complimentary subscription period you choose not to purchase a paid subscription, your access to the service will automatically terminate and you will have thirty (30)y days to retrieve content you have uploaded to the service, after which time your account may be closed without further notice. The Adobe Carousel App may not be available in all countries or languages and may be subject to change or discontinuation without notice.

7). Agreement To These Official Rules And Decisions of Sponsor: Receiving a prize is contingent upon verification of eligibility and compliance with these Official Rules. Participation in the Sweepstakes and/or receipt of the prize constitutes each entrant’s and winner’s (each a “Participant,” collectively, “Participants”) full and unconditional agreement to and acceptance of these Official Rules and Sponsor’s decisions, which are final and binding in all matters related to the Sweepstakes.

8). Publicity: By participating in this Sweepstakes and by submitting an Entry, each Participant hereby grants to Sponsor a worldwide, irrevocable, non-exclusive right to post his/her Entry, along with his/her name, or user or screen name and hometown therewith, on and through Sponsor’s Adobe.com website, the Adobe Carousel product website, Twitter profile and/or page on Facebook, the photoshop.com and photoshop.com blog websites, or other website(s) owned and/or controlled by Sponsor (collectively hereinafter, the “Site”), in and in connection with promotion, publicity and advertising for this Sweepstakes, or other promotion, publicity and advertising for Sponsor, or other commercial purposes, in any media or medium (whether now or hereafter known) and through any media channels, without restrictions or further attribution, notification, or compensation to Participant, except where prohibited by law.

9). Release of Claim; limitations of Liability: The Released Parties do not guarantee the processing of any Entry and are not in any way responsible or liable for any loss (including, but not limited to direct, indirect or consequential loss, or loss of opportunity), injury, damage, cost, expense, or claim arising from or in relation to the Sweepstakes, participation in the Sweepstakes or any Sweepstakes-related activity, or Entry submitted.

By participating in the Sweepstakes each Participant agrees to release and hold the Released Parties harmless from and against any claim or cause of action, including but not limited to personal injury, death, or damage to or loss of property resulting from (i) their participation in the Sweepstakes or any Sweepstakes-related activity; (ii) the shipping and handling, receipt, possession, loss, use or misuse of any prize awarded; or (iii) the lost, late, intercepted, incomplete, incorrect, inaccurate, delayed, illegible, garbled, damaged, or misdirected entries, or entries not otherwise received by Sponsor, or for hardware or software malfunctions, failed or unavailable network connections, or delayed electronic, mail, or other communications, errors, difficulties or impediments of any kind, whether human, electrical or technical in nature, relating to or in connection with the Sweepstakes, its administration, the processing of entries, or the announcement or publication of prizes or winners.

Participants assume sole liability and accept all risk of loss for injuries, including personal injuries and/or damage to property, caused or claimed to be caused by participation it the Sweepstakes, or the acceptance, shipping and handling, receipt, possession, loss, use or misuse of any prize awarded.

10). General Conditions: Use of false email or Adobe ID account will disqualify an Entry. In the event of a dispute as to any Entry or the identity of an entrant, the Entry at issue will be deemed to be made by the authorized account holder and natural person assigned by an Internet access provider to the email address associated with the Entry and he/she may be required to show proof of being the authorized account holder, and must comply with these Official Rules.
Sponsor has the right, in its sole discretion, to reject or void any Entry and/or to disqualify any Participant that subverts, circumvents, tampers with, or attempts to tamper with the entry process or the lawful operation of the Sweepstakes or the Site, or who it finds to be in violation of these Official Rules. Sponsor reserves the right to cancel, terminate or modify the Sweepstakes, or any portion, if in its sole opinion it has been compromised, corrupted, or cannot be completed as planned due to computer virus, bugs, tampering, unauthorized intervention, technical failures, or other conditions beyond Sponsor’s control, including without limitation, an insufficient volume of eligible Entries.

11). Governing Law; Venue; Disputes: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the Participants or Sponsor 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 or provisions (whether of the State of California or any other jurisdiction), that would cause the application of the laws of any jurisdiction other than the State of California.

Except where prohibited, each Participant agrees all disputes, claims and causes of action arising out of or connected with the Sweepstakes, or any prize awarded shall be resolved individually and exclusively by the appropriate California State Court located in Santa Clara County, California.

12). Personal Information: Personal Information collected from Participants will be used in accordance with these Official Rules for the purposes of Sweepstakes administration and complimentary 30-day subscription initiation (if applicable). By entering, Participants consent and agree to be contacted by Sponsor by telephone, mail or electronic message regarding this Sweepstakes. Except as otherwise stated in these Official Rules, or on the Site, personal information collected from Entrants is subject to Sponsor’s online privacy Policy accessible at http://www.adobe.com/misc/privacy.html.

13). Winner’s List: Once winner has been determined and verified, a winner’s list will be available online at http://www.adobe.com/products/carousel.html