Xobni "Spread Email Happiness" Promotion

Official Rules

  1. The Promotion. The Spread Email Happiness Promotion (the "Promotion") is a contest in which eligible entrants will be eligible to win one (1) license of Xobni Plus, which is more fully described at http://www.xobni.com/xobni-plus. The Promotion is subject to all applicable international, federal, state, and local laws and regulations. Subject to any governmental approval that may be required, Xobni reserves the right to, without prior notice and at any time, terminate the Promotion, in whole or in part, or modify Promotion in any way.
  2. Prize. One (1) license of Xobni Plus (approximate retail value: US $29.95) will be given away each week during the Promotion Period.
  3. Eligibility. To be an "Eligible Entrant", you must be a natural person who is 18 years or older at the time of entry, a user of Xobni, and a resident of the United States. Directors, officers, employees and agents of Xobni, its affiliates, resellers and advertising and promotional agencies and members of their immediate families (defined as children, parents, siblings and spouses) are not eligible to participate in the Promotion. Void in NY, FL and to all FL residents. Void to Puerto Rico residents. Void in the U.S. Virgin Islands and U.S. military installations. Void where prohibited by law.
  4. How to Enter. To enter, you must use your Xobni account to tell a friend about Xobni by using the "invite friends" form that pops-up when using xobni or use the "invite friend" pop-up that is accessed through the heart button or options menu. Each friend that you refer to Xobni during the applicable week during the Promotion Period will be deemed an additional entry. The Promotion will begin at 9:00 am PST on May 10, 2010, and will end at 9:00 am PST on August 30, 2010 (the "Promotion Period"). The authorized account holder of the Xobni account used to enter will be deemed to be the Eligible Entrant. Alternative Means of Entry: To enter the Promotion without using the "invite friends" form, legibly hand-print entrant's name, address and telephone number (including area code) on a standard postcard or a piece of paper, addressed to Xobni Spread Email Happiness Promotion, Xobni Corporation, 539 Bryant St, Suite 402, San Francisco, CA 94107, and received by Xobni before the end of the applicable week during the Promotion Period.
  5. No Purchase Necessary. No purchase or payment of any money is necessary to enter.
  6. Selection of the Winner; Notice. The winner will be selected among Eligible Entrants participating in the Promotion by Xobni by a random drawing at the end of every week during the Promotion Period. By way of example, the first week of the Promotion Period will begin at 9:00 am PST on May 10, 2010 and end at 9:00 am PST on May 17, 2010. The second week of the Promotion Period will begin at 9:00 am PST on May 17, 2010 and end at 9:00 am PST on May 24, 2010. A winner will be selected for each of the first and second week, and each successive week thereafter during the Promotion Period. Xobni's administration and operation of the Promotion and the selection of the winner are final and binding in all matters related to the Promotion. A participating Eligible Entrant's chance of winning depends upon the number of entries received by each participating Eligible Entrant. The winner of the prize will receive their prize within 8-10 weeks after the conclusion of the Promotion Period. Xobni will notify the winner by e-mail at the address provided through the Xobni account within approximately ten (10) days following the end of the Promotion Period. Xobni is not responsible for any delay or failure to receive notification for any reason, including inactive e-mail account(s), technical difficulties associated therewith, or winner's failure to adequately monitor any e-mail account or physical address. The winner must then respond to Xobni within five (5) business days. Should the winner fail to respond to Xobni or be disqualified, Xobni reserves the right to select a new, replacement winner. The replacement winner will be selected by Xobni in its sole discretion. The winners will be listed online at http://www.twitter.com/xobni as they are chosen. Individuals may request the name of the winner of the grand prize by submitting a self-addressed, stamped envelope to the Xobni Spread Email Happiness Promotion, 539 Bryant St Suite 402, San Francisco, CA 94107. Vermont residents may omit return postage for rules request.
  7. Taxes. All taxes associated with the receipt or use of any prize is the sole responsibility of each winner. Xobni reserves the right to withhold any taxes as required by applicable law. All prizes will be awarded (other than prizes withheld for tax purposes as required by applicable law) and are not transferable. No substitutions (including for cash) are permitted, except Xobni reserves the right to substitute a prize of equal or greater monetary value to the prizes if for any reason any prize cannot be awarded as contemplated in these Official Rules.
  8. Conditions of Participation; License. By submitting an entry for the Promotion, each Eligible Entrant participating in the Promotion agrees to abide by these rules and any decision Xobni makes regarding the Promotion, which are final and binding in all respects. Whether an Eligible Entrant is eligible is solely within the discretion of Xobni. Xobni reserves the right to disqualify from the Promotion, and any future sweepstakes, contest or other promotion conducted by Xobni, and to prosecute to the fullest extent permitted by law, any Eligible Entrant or winner who, in Xobni's reasonable suspicion, tampers with the Xobni website or products, the entry process, the Promotion, violates these Official Rules, or acts in a disruptive manner.
  9. Publicity Release. By entering the Promotion, each winner consents to use of his or her name, likeness and any statements, quotes or testimonials for advertising and publicity purposes without further compensation, except where prohibited by law.
  10. Privacy. By entering the Promotion, Eligible Entrants agree by default to receive emails from, or on behalf of, Xobni. Whenever an Eligible Entrant receives an email from Xobni, the Eligible Entrant will have the option of discontinuing any further emails. Xobni also collections personal information from you when you enter the Promotion, and Xobni reserves the right to use such information in accordance with its privacy policy. Please review Xobni's privacy policy at http://www.xobni.com/legal/privacy.
  11. Disclaimer and Limitation of Liability. XOBNI MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING ANY PRIZE OR ENTRANT'S PARTICIPATION IN THE PROMOTION. XOBNI SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS, DAMAGE, COST, OR INJURY THAT ARISES FROM OR RELATES TO PARTICIPATION IN THE PROMOTION, OR WINNING OR USE OF A PRIZE, INCLUDING BUT NOT LIMITED TO: (I) LATE, LOST, DELAYED, DAMAGED, MISDIRECTED, INCOMPLETE, OR UNINTELLIGIBLE ENTRIES; (II) TELEPHONE, ELECTRONIC, HARDWARE OR SOFTWARE PROGRAM, NETWORK, INTERNET, OR COMPUTER MALFUNCTIONS, FAILURES, VIRUSES OR DIFFICULTIES OF ANY KIND; (III) FAILED, INCOMPLETE, GARBLED, OR DELAYED COMPUTER TRANSMISSIONS; (IV) THE DOWNLOADING OF ANY MATERIAL IN CONNECTION WITH THIS PROMOTION; AND (V) ANY OTHER CONDITION THAT MAY CAUSE THE PROMOTION TO BE DISRUPTED OR CORRUPTED. XOBNI RESERVES THE RIGHT, IN ITS SOLE DISCRETION AND WITHOUT PRIOR NOTICE, TO SUSPEND OR CANCEL THE PROMOTION OR ALTER THE RULES FOR ANY REASON, INCLUDING, BUT NOT LIMITED TO, IF AT ANY TIME A COMPUTER VIRUS, TECHNICAL PROBLEM, OR OTHER UNFORESEEABLE EVENT ALTERS OR CORRUPTS THE ADMINISTRATION OF THE PROMOTION.
  12. Release. BY ENTERING THE PROMOTION, EACH ENTRANT RELEASES AND AGREES TO HOLD HARMLESS XOBNI AND ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS FROM ANY LIABILITY WHATSOEVER FOR ANY CLAIMS, COSTS, LOSSES, OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, THOSE RELATED TO PERSONAL INJURY, DEATH, DAMAGE TO PROPERTY, INFRINGEMENT OF PROPRIETARY RIGHTS, RIGHTS OF PUBLICITY OR PRIVACY OR DEFAMATION), ARISING OUT OF OR IN CONNECTION WITH: (I) ENTERING THE PROMOTION; (II) ACCEPTANCE OR USE OF ANY PRIZE; OR (III) OTHERWISE ARISING OUT OF OR RELATING TO THE PROMOTION.
  13. Governing Law. This Promotion and the rights and obligations of Xobni and Eligible Entrants will be governed by and controlled by the laws of the State of California, applicable to contracts made and performed therein without reference to the applicable choice of law provisions. All actions, proceedings or litigation relating hereto will be instituted and prosecuted solely within the State of California, San Francisco County. The parties consent to the jurisdiction of the state courts of California and federal court located with such state and county with respect to any action, dispute or other matter pertaining to or arising out of the Promotion.
  14. Sponsor. Sponsor of the Promotion is Xobni Corporation, 539 Bryant St, Suite 402, San Francisco, CA 94107. All questions regarding the Promotion should be directed by email to accounts@xobni.com