These are the official rules that will govern how the Ultimate Typing Championship (the "Contest") will operate. Metadot Corporation, a Texas corporation ("Sponsor") is the sponsor of the Contest. The address to contact Sponsor is Metadot Corporation - Das Keyboard, 9020 North Capital of Texas Highway, Great Hills Corporate Center One, Suite 365, Austin, Texas 78759, Facsimile number +1-512-233-5335, E-mail address firstname.lastname@example.org.
THE CONTEST: The Contest is a skill-based typing contest, in which eligible participants ("Participants") will compete by taking an online typing contest using an online typing application, TyprX, developed for the Contest as well as for typing practice purposes and provided by or for Sponsor, which tests a Participant's word-per-minute typing speed ("WPM") as he or she types through a certain paragraph of text. Once the test is completed, the application will calculate and indicate to the Participant what his or her typing WPM is and how that speed performs against other Participants who have already taken the test. The goal of the Contest is to identify and reward the fastest typist among all Participants, as calculated by the application. WPM scores will be based only on correctly spelled words.
The Contest has not been held before, and so there is no way to estimate the number of participants in the Contest or the odds of winning the Contest or of being awarded any of the prizes specified below. The prizes specified below are not dependent upon the number of entries received, and chance plays no part in the determination of the winner of the Contest or the award of any of the prizes specified below.
ENTRY PERIOD: The entry period for the Contest will commence on November 10, 2009 at 12:00:01 A.M. Central Standard Time ("CST") and end at 11:59:59 P.M. CST on December 31, 2009 (the "Entry Period"). Sponsor's computer is the official clock for the Contest.
WHO CAN ENTER: An individual is eligible to participate in the Contest if he or she meets the following requirements at the time of entry:
The Contest is void in all United States territories and military installations including Puerto Rico and where prohibited or restricted by law and where subject to licensing or registration by any national, state, local or other political division or subdivision.
By registering to participate in the Contest, Participants may receive E-mails and marketing materials from Sponsor about special promotions and product offers, but no purchase of any product or payment of any fee from or to Sponsor, or otherwise, is necessary to be eligible to participate or to use the TyprX online typing application. A Participant may choose to decline to receive notifications of such promotions and offers by following the opt-out instructions in any notification received from Sponsor.
HOW TO ENTER AND COMPETE: During the Entry Period, an individual eligible to participate in the Contest can participate by (i) registering to compete in the Contest at the Contest website, www.ultimatetypingchampionship.com (the "Website"), and (ii) completing the typing test through the TyprX online typing application, a link to which application is provided at the Website. Such link shall contain a description of any hardware or software necessary for the use of the application and general description of or links to where to obtain necessary software.
To register at the Website, an individual must click on the "Compete" button found at the Website and fill out the required registration information as directed. The individual must also accept these rules as directed to do so. There is no way to register for the Contest except through the Website.
Once a Participant registers to participate in the Contest, he or she can take the online typing test as many times as he or she would like during the Entry Period, and the Participant's highest logged WPM speed as of the end of the Entry Period will be considered that Participant's entry.
For the online competition during the Entry Period, Participants can use any keyboard they please and are not required to use any keyboard manufactured or sold by Sponsor.
THE SEMI-FINAL ROUND: The six (6) individuals with the fasted logged WPM speeds as of the end of the Entry Period will proceed to the Semi-Final round (the "Semi-Final"), which shall consist of an online competition utilizing the TyprX application to be held on January 9, 2010 at 2:30 P.M. CST. The applicable Participants will be notified by E-mail by January 4, 2010 that they have been selected as a semi-finalist in the Contest. Once notified, each such Participant will have forty-eight (48) hours from the delivery by Sponsor of such E-mail notification to provide to Sponsor an E-mail or facsimile response that he or she agrees to participate in the Semi-Final and, if he or she is one of the two (2) highest scorers at the end of the round, that he or she agrees to participate in person at the Final round of the Contest (the "Final"), as described below. If a Participant fails to respond in a timely manner, or fails to make the above-described agreements, the next fastest typist Participant as of the end of the Entry Period will be selected to participate in the Semi-Final in his or her place.
The following rules apply to the Semi-Final:
THE FINAL ROUND: The Final round shall consist of an in-person typing contest on March 14, 2010 in Austin, Texas, at the Sponsor's Block Party at the annual SXSW Interactive event held in that city ("SXSW Interactive"). The finalists will compete against each in a single typing race of unspecified length using the TyprX application. The finalists will be typing the same paragraphs of texts, the TyprX application will control the starting and the timing of the race and chance plays no part in the scoring of this round. Each finalist will be required to appear at the Sponsor's booth at SXSW Interactive on March 14, 2010 at 3:00 P.M. CST and stay as long as needed to participate in the Final. It is anticipated that the entire event shall not last past 6:00 P.M. Neither SXSW Interactive, nor any entity or individual involved in the administration or execution of SXSW Interactive, is a sponsor of or in any way affiliated with the Contest. Sponsor is the sole sponsor of the Contest and is not involved in the administration or execution of SXSW Interactive.
The following rules apply to the Final:
AFFIDAVIT OF ELIGIBILITY, LIABILITY RELEASE AND WAIVER OF PUBLICITY RIGHTS:
At the time of notification to any participant who has reached the semi-final round, each such participant will be required to complete, execute and return an Affidavit of Eligibility, a Liability Release and, where lawful, a Publicity Release by January 20, 2010. Sponsor shall pay all costs of postage to Sponsor. Any such documents may be combined in one and shall be on forms provided by Sponsor. So that Sponsor may comply with certain prize reporting requirements under the Internal Revenue Code of 1986, as amended, each finalist must provide his or her social security number to Sponsor within the Affidavit of Eligibility. Failure to sign and deliver to Sponsor at the address provided above these document(s) by January 20, 2010 shall be considered a cancellation of the finalist's participation in the Final.
Except where a finalist is a resident of Tennessee, or wherever else prohibited by law, each finalist, by accepting the Das Keyboard and any other prizes, grants to Sponsor (and agrees to confirm that grant in writing) and those acting pursuant to the authority of Sponsor, the right to use and publish his or her name, portrait, picture, voice, video tape, biographical information and likeness, and statements regarding the Contest and any of Sponsor's products (provided the statements are true) at any time or times, for advertising, trade and promotional purposes without additional consideration, worldwide and on the Internet, without notification, review or approval.
TIES: Any ties between Participants as of the end of the Entry Period, during the Semi-Final and during the Final will be broken by conducting additional typing tests and races as needed until a clear winner of the tie can been determined by the TyprX application. The additional tests and races will not be significantly more difficult than earlier tests and races.
PRIZES: The two UTC Finalists selected following the semi-final round will win a round trip from a major commercial airport closest to the finalists' homes within the continental United States, Hawaii or Alaska to Austin, Texas, two (2) nights standard hotel accommodations for one person in Austin, Texas, or a nearby vicinity, an "Interactive Badge" to attend SXSW Interactive to compete in the final contest and a Das Keyboard. The third-place finisher in the semi-final round will receive a Das Keyboard, and the fourth, fifth and sixth place finishers will each receive a free purchase of up to $50.00 from the Das Keyboard Zazzle Store.
The winner of the final Contest at SXSW Interactive in Austin, TX will receive a cash prize of $2,000.
The runner-up in the final Contest at SXSW Interactive in Austin, TX will receive a cash prize of $500.
No substitution or transfer of any prize component is permitted except at the sole discretion of Sponsor. Sponsor reserves all rights to substitute for any prize component a prize of equal or greater value in the event the prize component is unavailable for any reason. The winner and runner-up will receive the cash prizes by check on March 14, 2010 at the conclusion of the Final. Winner and runner-up are responsible for payment of all taxes on the prizes awarded each and for all meals and other incidentals (including hotel mini-bar, video and telephone charges, etc.) while traveling to and staying in Austin, Texas.
Sponsor will arrange for airfare and hotel accommodations, in coordination with each finalist, and will not reimburse any finalist for airfare and hotel accommodations obtained by that finalist, unless Sponsor so agrees. No air carrier or hotel is a sponsor of the contest.
Sponsor has not made and/or is not responsible for any representation or warranty, express or implied, relative to the prizes, save and except any standard warranty given with respect to the Das Keyboard.
LIMITATION OF LIABILITY: By participating in the Contest, Participants agree, on their own behalf and on behalf of any person who might make a claim through them, that Sponsor, its affiliates and subsidiaries, its advertising and promotions agencies, Internet access providers and all of their agents, directors, officers, representatives, owners and employees shall have no liability whatsoever for any personal injuries, death or loss or damage to property of any kind ("Losses") resulting, directly or indirectly, in whole or in part, from participation in the Contest, including participation in-person at the Final round, from the acceptance, possession or use of any prize that may be awarded, or from (i) unauthorized human intervention in or tampering with the Contest, (ii) technical errors, malfunctions or connection or accessibility problems related to computers, computer equipment, software, servers, providers or telephone, cable, network or power lines, the Internet or any combination thereof, (iii) printing or typographical errors in these rules or in any other Contest materials, (iv) delays in mail, (v) stolen, lost, late, misdirected, altered, damaged, incomplete or illegible Contest entries or communications from Participants or other data, (vi) human errors in the administration of the Contest or processing of entries, (vii) the incorrect or inaccurate capture of entry or other information, or the failure to capture any such information and (vii) any actions or omissions of any independent suppliers or vendors with respect to the Contest or the prizes, such as the owner or operator of any venue at which the Final round is held or any air carrier or hotel providing services to the Participants in the Final Round. IN NO EVENT WILL SPONSOR OR ITS AFFILIATES, SUBSIDIARIES AND RELATED COMPANIES, THEIR ADVERTISING OR PROMOTION AGENCIES OF INTERNET SERVICE PROVIDERS OR 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 INTERNET SITES www.ultimatetypingchampionship.com OR THE DOWNLOADING FROM AND/OR PRINTING OF MATERIAL DOWNLOADED FROM SAID SITES. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE WEBSITE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OR LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. PARTICIPANTS SHOULD CHECK THEIR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.