Eligibility: The Animoto Holiday Promotion (the “Promotion”) is open only to legal residents of the fifty (50) United States and the District of Columbia who are eighteen (18) years of age or older. Employees of the Sponsor(s), as well as the immediate family (spouse, parents, siblings, and children) and household members of each such employee are not eligible. Persons who are [or have been] registered users of Animoto are not eligible to redeem the Promotion Codes described herein.
Void Where Prohibited: The Promotion is subject to all applicable federal, state, and local laws and regulations. Void where prohibited.
Sponsor: Animoto Inc., 333 Kearny Street, San Francisco, California 94108.
Agreement to Official Rules: By participating in the Promotion, you fully and unconditionally agree to and accept these Official Rules and the decisions of the Sponsor, which are final and binding in all matters related to the Promotion. Whether a New User receives Animoto Pro account benefits, and/or a donation is made by Animoto to the Charity, is contingent upon fulfilling all requirements set forth herein.
Promotion Period: The Promotion begins on December 19, 2014 at 12:01 AM Pacific Time (“PT”), and ends on December 31, 2014 at 11:59 PM PT (the “Promotion Period”). Sponsor’s computer is the official time-keeping device for the Promotion.
Promotion Codes: During the Promotion Period, Animoto will make Promotion Codes available, and encourage sharing of the Promotion Code with others, such as customers, associates, friends, or family. The Promotion Code will allow a new user (someone who has not previously been a registered user with Animoto) (“New User”) to obtain one (1) free month of an Animoto Plus account upon registering for a new account with Animoto. The New User must enter the Promotion Code in the appropriate field during registration with Animoto, at the time of registration, during the Promotion Period, in order to redeem the free month of Animoto Plus.
Charity Giving: For each Promotion Code that is redeemed by a New User that registers with Animoto during the Promotion Period and that otherwise conforms with these Terms, Animoto will donate $1 to the Cameras for Kids Foundation (“Charity”). Animoto will make the donation after termination of the Promotion Period.
Tax Deduction: The amount that Animoto donates to the Charity is not tax deductible by you.
Animoto Plus Benefits: The one (1) month free Animoto Plus time period will commence at the time and on the date of registration by the New User, and will expire after 30 days, at which time the New User’s account will convert to an Animoto Lite account. Details of an Animoto Plus and Animoto Lite account are located on Sponsor’s web page.
Only Available Once to Each Individual. Each individual may use any Promotion Code(s) only at one time when that individual is registering with Animoto. If Animoto has reason to believe that the same individual is attempting to register multiple Animoto Accounts using Promotion Codes, Animoto reserves the right to: reject the Promotion Code, withhold the free month of Animoto Plus, withhold donation to the Charity, and/or terminate one or more of such user’s accounts or downgrade them to Animoto Lite.
By redeeming a Promotion Code, you agree with Animoto’s Terms of Service and these Official Rules, and that Sponsor, in its sole discretion, may disqualify you from the Promotion if it believes that you fail to conform to the Animoto Terms of Service or these Official Rules.
Release: By participating in the Promotion, you release and agree to hold harmless Sponsor, as well as any social media outlets used to promote the Promotion such as YouTube, Facebook, Twitter, and all of the foregoing entities’ respective suppliers, parents, affiliates, subsidiaries, and their and their officers, directors, employees, representatives, agents, advertising, promotion, production and fulfillment agencies, successors and assigns (collectively, “Released Parties”) from and against any liability of any kind in connection with the Promotion, including without limitation any costs, fees, expenses, or damages incurred in the use of the prizes. Sponsor reserves the right to cancel, suspend and/or modify the Promotion, or any part of it, if any fraud, technical failures or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Promotion, as determined by Sponsor in its sole discretion. Sponsor, in its sole discretion, reserves the right to disqualify any individual it finds to be tampering with the entry process or the operation of the Promotion or to be acting in violation of these Official Rules or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Promotion may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
Limitations of Liability: The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrant, printing errors or by any of the equipment or programming associated with or utilized in the Promotion; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Promotion; (4) technical or human error which may occur in the administration of the Promotion or the processing of entries; (5) late, lost, undeliverable, damaged or stolen mail; or (6) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Promotion. Sponsor is not responsible for misdirected or undeliverable entries or for any technical problems, malfunctions of computer systems, servers, providers, hardware/software, lost or unavailable network connections or failed, incomplete, garbled or delayed computer transmission or any combination thereof. Sponsor is not responsible for any typographical/other error in entries, selection announcement or for any liability for damage to any computer system resulting from participation in, accessing or downloading information in connection with this Promotion. If for any reason an entrant’s Submission is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another Submission.
Disputes: Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Promotion shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the Northern District of California or the Santa Clara County Superior Court, U.S.A.; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Promotion, but in no event attorneys’ fees; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Promotion, 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 cause the application of the laws of any jurisdiction other than the State of California.
Opt-Out for Marketing Communications. All New Users will be automatically opted-in to receive marketing and account-related communications from Sponsor via the email associated with the account. New User may change this selection to opt-out of marketing communications by visiting https://animoto.com/account.