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THE ADOBE INDESIGN SURVEY NOVEMBER 2023 LUCKY DRAW
(A Lucky / Chance / Random Drawing Promotion)
Official Rules
PRELIMINARY DISCLOSURES
1. NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS
LUCKY DRAW. YOU MUST BE 18 YEARS OF AGE (OR THE AGE OF MAJORITY IN YOUR
JURISDICTION) OR OLDER AND A LEGAL RESIDENT OF UNITED STATES TO PARTICIPATE.
VOID WHERE PROHIBITED.
PROMOTION PARTIES
2. PROMOTION ORIGINATOR; ELIGIBLE PARTICIPANTS; INELIGIBLE PARTICIPANTS
2.1 Promotion Originator. The Adobe INDESIGN SURVEY NOVEMBER 2023 (“Lucky Draw”
or “Promotion”) is originated by Adobe Systems Incorporated, 345 Park Avenue,
San Jose, California, 95110, United States, its affiliates and subsidiaries
(collectively, “Adobe”).
2.2 Eligible Participants. The Promotion is open only to persons meeting all
the requirements recited in Section 1 (“Participant(s),” “You,” “Your”). By
participating in the Promotion Participants agree to be bound by these official
rules (“Official Rules”).
2.3 Ineligible Participants. No one who is an employee or independent
contractor, officer, or director of Adobe, or any of Adobe’s agents,
representatives, advertising, promotion, publicity and fulfillment agencies,
legal advisors, successors and assigns, and any other company or person that is
involved with the production, design, execution, administration or distribution
of this Promotion (collectively, the “Released Parties”), is eligible to enter
or win, nor is anyone who lives with (whether or not related), or who is an
immediate family member of, any one of the Released Parties (i.e., parents,
siblings, children and their respective spouses, regardless of where they
reside). The Promotion is subject to all applicable federal, state, territorial,
provincial, municipal and local laws and regulations and is void where
prohibited or restricted by law.
PROMOTION SCHEDULE
3. PROMOTION WINDOWS; SCHEDULE; TIMING
3.1 Promotion Windows. The Promotion comprises the start and end times,
separate entry window (the “Entry Window”), and random prize winner drawing
window (“Winner Drawing Window”), all windows collectively comprising the
“Promotion Period”, as detailed in the schedule below:
3.2 Schedule
Open
12:00 a.m. PT
Promotion Period
Entry Window
Winner Determination Window
Nov 28, 2023
On or about:
Close
11:59 p.m. PT
Dec 3, 2023
Dec 11 2023
3.3 Timing. EACH PARTICIPANT IS RESPONSIBLE FOR MAKING THE NECESSARY
ADJUSTMENTS FOR TIMING OF THE VARIOUS WINDOWS IN SECTION 3.2 ABOVE BASED ON
PARTICIPANT’S LOCATION AND TIME ZONE. Adobe’s computer is the official
time-keeping device for the Promotion.
PROMOTION TERMS
4. HOW TO ENTER; LIMITS ON ENTRIES; TEAM SUBMISSIONS; USING ADOBE CREATIVE
SOFTWARE
4.1 How to Enter (“Entry Requirements”). To submit an Entry anytime during the
Promotion Entry Window:
(A) Complete the product feedback survey and provide your contact information.
(following the Submission Guidelines in Section 5.1, collectively, the
“Submission”).
4.2 Limits on Entries. Each Participant may submit (on behalf of him/herself
and any associated Contributors) only 1 Entry during the Promotion Entry Window,
and regardless of the number of Entries entered, each Participant is only
eligible to win 1 prize in the Promotion. Each Entry must correspond to a single
Participant using a single email address. Participants may not use multiple
email addresses or alternate user identities in an attempt to submit more
Entries than are allowed from a single Participant. Completed Entries must be
entered and received electronically during the Entry Window to be eligible for
prizes. If the Promotion consists of multiple separate entry windows, then
Entries received during a given Entry Window will only be considered for the
particular Entry Window and corresponding prize at issue, and will not be
included, rolled-over, or considered for subsequent Entry Windows or prizes. No
other methods of Entry will be accepted. Entries will not be acknowledged or
returned. Adobe cannot guarantee that all persons attempting to enter will be
able to participate.
4.3 Team Submissions. If a Submission is developed by the Participant and one
or more Contributors then prior to entering, the Participant must procure
written permission from each Contributor (including the parents/legal guardians
of any Contributors who are minors between 13 and 18 years of age). If
requested, Participants must be able to demonstrate proof of such permissions in
a form acceptable to Adobe.
4.4 Using Adobe creative software. If needed for development of a Submission,
many Adobe desktop software applications, services, and touch apps are
accessible on a trial basis with Adobe Creative Cloud membership (both FREE) at
http://www.adobe.com/downloads.html. Not all applications, services, or features
are available in all languages and countries.
5. SUBMISSION GUIDELINES
5.1 All Entries must conform to the guidelines below (“Submission Guidelines”)
and be in good taste and in keeping with Adobe’s image, as determined by Adobe
in its sole discretion. By submitting an Entry in this Promotion each
Participant warrants and represents that (i) he/she has the legal right and
necessary permission(s) to do so (including permission from any associated
Contributors), and (ii) that his/her Entry (including all creative and other
content comprising his/her Entry) conforms to the Submission Guidelines:
(A) Entries must meet Entry Requirements outlined in Section 4.1;
(B) Entries must contain only original content (text, images, artwork,
footage, audio, music, performance, and other original materials) created by the
Participant and associated Contributors, if applicable, and, if required for
entry, any idea, question, or similar statement submitted by Participant, must
reflect a coherent and complete thought;
(C) Entries must not have been previously selected a winner in a prior
promotion of any kind, or used for any other commercial, or non-personal public
purpose;
(D) If the likeness of a person appears in an Entry, it should be only that
of the Participant or any associated Contributors. However, if an Entry contains
the likeness of persons other than the Participant and any associated
Contributors, then by submitting the Entry, the Participant represents he/she
has permission from all recognizable persons (including all Contributors, or the
parent or legal guardian of any minor child) featured in the Entry to use such
person’s name and/or likeness, and to grant the rights granted to Adobe in these
Official Rules;
(E) Entries must not contain images or depictions of historical landmarks, or
other content not created by the Participant and associated Contributors, if
applicable, and must not infringe, violate, or use without permission the rights
of any third party, including but not limited to trade names, trademarks, logos,
privacy or publicity rights, or other intellectual property rights;
(F) Entries must be suitable for publication and viewing by all ages, and
must not contain material that is indecent, obscene, tortious, defamatory,
harassing, harmful, slanderous, libelous, disparaging, objectionable, or that
promotes bigotry, racism, hatred, harm, or discrimination against any group,
individual, or entity (as determined by Adobe), or any other material that is
unlawful, or in violation of or contrary to the laws or regulations in the
jurisdiction from where the Entry is sourced or submitted; and
(G) Entries must not violate the online terms of use or privacy policy of
Adobe or the website where the Entry- submitting mechanism for the Promotion may
be hosted.
5.2 Proof of submission of an Entry is not proof of delivery or receipt of that
Entry by Adobe. Entries generated by script, macro or other automated means are
void. Use of a false email account will disqualify an Entry. If there is a
dispute regarding an Entry, or the identity of a Participant, the Entry at issue
will be deemed by Adobe to have been made by the natural person who is the
authorized account holder assigned by an Internet access provider to the email
address associated with the Entry, and that person must comply with these
Official Rules. Participants may be required to show proof of being the
authorized account holder.
5.3 By participating in the Promotion, each Participant accepts and agrees
that Adobe, in its sole discretion, may disqualify any Participant who (whether
in fact or by attempt) subverts, circumvents, or tampers with the entry process,
or the lawful operation of the Promotion or the Site, or who Adobe finds to be
acting in an unsportsmanlike or disruptive manner, or in a manner otherwise in
violation of these Official Rules.
6. DATA PROTECTION
6.1 Participants’ Consent to Adobe’s use of Personal Data. By participating in
this Promotion and submitting an Entry each Participant consents to having
personal data collected from him/her by Adobe, which personal data may be
transferred, and will be used and disclosed by Adobe and its authorized agents
for purposes of Promotion administration and [prize/promotion item/reward]
fulfillment. By entering, each Participant consents to the collection, use and
disclosure of his/her personal data as described in these Official Rules.
Nothing in these Official Rules will be deemed to restrict or exclude any
Participant’s statutory consumer rights pertaining to personal data. Except as
otherwise stated in these Official Rules or on the Site, personal data collected
from Participants by Adobe is subject to Adobe’s Privacy Policy at
http://www.adobe.com/privacy/policy.html (available by region).
6.2 Participants' License and Consent to Adobe's use of Entries
(A) Adobe does not claim ownership of Entries, however, by participating in the
Promotion and submitting an Entry
(i) each Participant consents to, and grants to Adobe and its agents, a,
worldwide, perpetual, royalty-free, nonexclusive, transferable right and
fully-paid up, fully-sublicensable license, under any and all rights, to use,
modify, reproduce, distribute, publicly perform and publicly display, publish
(or not publish), in whole or in part, the non-personal or non-identifiable data
and creative elements comprising his/her Entry (together with or without his/her
name, voice and/or likeness and hometown, collectively, “Persona”, which Persona
each Participant consents to, and agrees may be used by Adobe according to these
Official Rules for a period of up to 1-year from the Promotion start date as
necessary for the purposes of starting and administering the Promotion,
fulfilling [prizes/promotion items/rewards], and announcing winners), except as
otherwise prohibited by law, in any media format or medium (whether now or
hereafter known) and through any media channels, including on and through the
Site and public viewing gallery, and other websites and Adobe-branded social
media channels owned or controlled by Adobe, in and in connection with
promotion, publicity and advertising for the Promotion without any further
attribution, notification, or compensation to the Participant, his/her
successors or assigns, or any other person or entity, and (ii) each Participant
consents to, and grants to users of the Site a worldwide, royalty-free, license
to access, distribute and display his/her Entry through the Site, and to rate,
review, comment on, or tag the Entry and share the Entry using commercially
available means.
(B) To the extent permitted by law, by submitting an Entry each Participant
unconditionally and irrevocably waives any and all moral rights to which
Participant may be entitled under applicable law, and waives and releases the
Released Parties from any and all claims that he/she (and anyone by or through
him/her) may have now or in the future in any jurisdiction based on “moral
rights” with respect to Adobe’s exploitation of his/her Entry without further
notification or compensation to the Participant. If this waiver of moral rights
is unenforceable or invalid, and to avoid any doubt, each Participant
acknowledges and agrees that Adobe is authorized to exercise all moral rights to
his/her Entry.
(C) Participation in the Promotion creates no obligation (express or implied)
on the part of Adobe to use, commercialize or otherwise exploit any
Participant’s Entry or Persona and no Participant is entitled to any damages or
other relief by reason of Adobe’s use or non-use of his/her Entry. Each
Participant waives any right he or she may have to be mentioned as the author or
creator of the Entry.
6.3 Participants’ Right to Opt-Out from Adobe’s use of Personal Data. Each
Participant may refuse to have his/her personal information collected,
transferred, used, or disclosed by Adobe as described in these Official Rules
(“Opt- Out”) by choosing to not participate in the Promotion.
6.4 No Opt-In to future communications from Adobe required to participate.
During the Promotion Period Participants may be presented the option to “Stay
informed via email about Adobe products and services.” (“Opt- In“ consent to
future marketing), but Opt-In consent to future marketing is not required to
participate in the Promotion, and will not increase or improve a Participant’s
opportunity to win a prize.
7. WINNER SELECTION AND NOTIFICATION; ODDS OF WINNING
7.1 Winner Selection and Notification. Potential winners (“winner(s)”) will be
selected on or about Dec 11, 2023 from among all eligible Entries received and
notified on Dec 11, 2023 by an email sent to the email address specified at the
time of entry.
(A) Potential winners may be required to complete and return a Declaration of
Eligibility and, except where prohibited, Liability/Publicity Release, or other
documents in the form provided by Adobe by Dec 18, 2023 in order to claim the
prize. If a potential winner is 18 years of age as required, but deemed a minor
in his or her jurisdiction, then the prize will be awarded in the name of the
minor’s parent or legal guardian, who will be responsible for signing any
necessary documents.
(B) If a potential winner cannot be contacted, is contacted and does not
respond timely with all required information, or fails to claim the prize as
directed within the time allotted following attempted notification, refuses the
prize, is ineligible to accept the prize, is otherwise not in compliance with
these Official Rules, or if the attempted prize notification is returned as
undeliverable, then the prize at issue will be forfeited and, at Adobe’s sole
discretion, not awarded or awarded to an alternate winner by random drawing.
(C) A Participant is not a winner, even if a prize notification is received,
unless and until the Participant’s eligibility and the potential winning Entry
has been verified and the Participant notified that verification is complete.
Potential winners must continue to comply with these Official Rules.
7.2 Odds of winning. The odds of winning a prize will depend on the number of
eligible Entries received.
8. TOTAL PRIZES TO BE AWARDED; PRIZE DESCRIPTION; RETAIL VALUE;
DISTRIBUTION OF PRIZES FOR TEAM ENTRIES
8.1 Total prizes to be awarded, descriptions, and aggregate RV. 7 total
prize(s) with a combined retail value of 1,500 $ (USD/United States) will be
awarded in this Promotion. Individual prize descriptions and combined retail
value of all prizes is below:
Prize 1: First Prize
Total this prize available: 2
Consisting of $500 Amazon gift card ; RV: 500 $ (USD/United States) ea.
Prize 2: Second Prize
Total this prize available: 5
Consisting of $100 Amazon gift card ; RV: 100 $ (USD/United States) ea.
(A) RVs quoted represent the maximum retail price or, in the absence of a
maximum retail price, the prevailing market price to the best of the Adobe’s
knowledge. Differences in stated price and actual prize values (including
differences in any stated price and the price a winner would have had to pay for
such product in any jurisdiction) will not be awarded. Prizes are
non-transferable and all prize details, including type, color, size, etc. are at
Adobe’s sole discretion. ALL PRIZES ARE AWARDED “AS IS” WITH NO WARRANTY OR
GUARANTEE, EITHER EXPRESS OR IMPLIED. No cash alternative to prize is available
and Adobe reserves the right to substitute a prize (or portion thereof) with one
of approximately equal or greater value. Participants are responsible for all
applicable federal, state, territorial, provincial, municipal and local taxes,
costs associated with currency exchange, or any other costs and expenses
associated with prize receipt, acceptance, or use. Use of any prize(s) that have
associated use terms such as gift cards, software, online services, or
subscription products is subject to any terms or conditions that may accompany
such products as issued by the service or product provider. Only the advertised
number of prizes and those claimed in accordance with these Official Rules will
be awarded. Winners may be required to provide a shipping address and proof of
residency to claim a prize. Adobe will arrange and determine mode of delivery of
prizes to winners. Allow 2 weeks for delivery of a prize.
(B) Distribution of prizes involving team Submissions. Prizes will be
delivered only to the winner who submitted the Entry containing the Submission
and division of the prize (among Contributors who participated in development of
the Submission) is solely the winner’s responsibility.
(C) Terms in this section 8.1(C) additionally apply for any prize(s) involving
a trip or travel destination (“Trip”). Trip includes round-trip economy/coach
class airfare (or other travel arrangement depending on winner’s proximity to
the Trip destination location) for winner (and his/her guest, if applicable)
from the commercial airport nearest winner’s residence to Trip destination;
roundtrip airport shuttle transfer; accommodations at hotel of Adobe’s choosing
(1 double-occupancy room). Winner (and any travel guest) is solely responsible
for any travel-related costs or expenses exceeding the Trip RV, including any
extra nights’ stay and any additional costs associated with an extended stay, as
well any Trip-related costs for incidentals, hotel or airline service charges or
processing fees, meals, gratuities, telephone calls, facsimile charges, Internet
charges, gift shop purchases, souvenirs, spa, beauty salon, laundry or other
guest service charges, costs or expenses related to non-Adobe-designated
activities, in- state travel or other activities, tours or excursions, any or
other costs or expenses not provided by Adobe as part of the prize. Travel and
accommodations must be made through Adobe’s designated agent and service
providers of Adobe’s choosing. Winner (and any travel guest) is responsible for
complying with hotel requirements, including but not limited to the presentation
of a major credit card at check-in. All airline and accommodation provider
terms, conditions and restrictions apply.
Adobe will attempt to notify winner of the itinerary and proposed date(s) for
travel no later than 2 weeks prior to expected date of departure, and winner
(and his/her guest, if applicable) must be available for travel on the dates
specified by Adobe. All reservations, travel, and accommodations are subject to
availability, restrictions, and airline blackout dates, so Adobe cannot
guarantee Trip or related transportation will be available on the exact dates
specified in these Official Rules. Adobe reserves right to change travel dates
and itinerary if necessary due to unforeseeable circumstances. If on the
intended initial travel departure date the winner is then-located in the
location of final Trip destination, or if any activity relating to the Trip
component is cancelled or postponed for any reason due to circumstances beyond
the Adobe’s control, the balance of components comprising the Prize will be
distributed to the winner in full and complete satisfaction of Prize award.
Winner (and any travel guest) is responsible for complying with all applicable
international and domestic travel procedures and restrictions and for obtaining
all required travel documentation (acceptable valid photo ID, passport, visa,
vaccinations, etc.) and any required or optional insurance prior to travel. Trip
portion of Prize Trip Package may be forfeited if (a) proper travel documents
for any and all travel are unattainable for any reason within the time required
by Adobe, or (b) any complications arise related to the winner’s right to enter
or reenter the destination jurisdiction, or the United States, or his/her
country of origin (in which event the winner, or his/her parent or legal
guardian if winner is aminor, will be solely responsible for arranging for
return travel to his/her jurisdiction of residence, including any and all
related costs.
9. PARTICIPANTS' AGREEMENT TO OFFICIAL RULES AND DECISIONS OF ADOBE.
Participation in the Promotion or receipt of any prize constitutes each
Participant’s and winner’s full and unconditional agreement to and acceptance of
these Official Rules, Adobe’s online Terms of Use, Privacy Policy (available by
region and incorporated into these Official Rules by this reference), and
Adobe’s decisions which are final and binding in all matters related to the
Promotion. Winning a prize is contingent upon Participant fulfilling all
applicable requirements in these Official Rules.
10. GENERAL
10.1 Adobe’s right to cancel, terminate or modify the Promotion. Adobe reserves
the right to cancel, terminate, or modify the Promotion, or any portion, if in
Adobe’s opinion the Promotion has been compromised, corrupted, or cannot be
completed as planned due to computer virus, bugs, tampering, unauthorized
intervention, technical failures, or other conditions beyond Adobe’s reasonable
control, including without limitation, an insufficient volume of participation
or eligible Entries, and to select potential winner(s) from among eligible,
non-suspect Entries received on or before the termination date. While Adobe may
take action against fraudulent activities of Participants, Adobe assumes no
responsibility or obligation to proactively police Participants’ activities, or
to investigate any or all claims of fraudulent activity. Adobe’s failure to
enforce any provision of these Official Rules does not constitute a waiver of
that provision.
10.2 Limitations of liability. The Released Parties (defined in Section 2.3) do
not guarantee the processing or posting of any Entry, or the functioning of the
Site. The Released Parties are not in any way responsible or liable for any act,
omission, or breach of contract or warranty by Participants, or any infringement
or violation of any right of publicity, privacy, intellectual property or
proprietary rights, or for any loss (including loss of opportunity) or other
claim arising from or in relation to the Promotion, or any Entry submitted, or
for the authorized or unauthorized actions of Participants or other third
parties. The Released Parties are not responsible for events requiring a
cancellation or postponement of the Promotion, or for Entries that are
incomplete, illegible, lost, intercepted, misdirected, or not otherwise received
by Adobe, or for hardware or software malfunctions, delayed, unavailable, or
failed network connections or communications, or other errors or impediments of
any kind, whether technical or non-technical in nature, relating to the
Promotion, its administration, the processing of Entries, or the announcement of
winners.
10.3 Release of claims. By participating in the Promotion each Participant
agrees, to the maximum extent allowable under applicable law, to release and
hold the Released Parties harmless from and against any and all liability
whatsoever for any injuries, losses, or damages of any kind arising from, or in
any way connected with, participation in the Promotion, any Promotion-related
activity, or any Entry submitted, or the shipping and handling, receipt,
possession, loss, use or misuse of any prize awarded. The limitation of
liability in this section does not apply to claims for personal injury or death
caused by Adobe or its agents’ negligence, or to liability of Adobe and its
agents for willful misconduct or gross negligence, or any other liabilities that
may not be excluded by law. Participants agree that Adobe’s only obligation is
to accept eligible Entries (and ultimately to award prizes) according to the
procedures and criteria set forth in these Official Rules, that these
obligations are fair and adequate consideration for any Entry submitted, and
Participant is not entitled to and will not seek any further compensation.
10.4 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 Adobe and Participants, will be governed
by, and construed in accordance with, the laws of the state of California,
United States of America, 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 laws of any jurisdiction other
than the State of California, and all claims must be resolved in the appropriate
State Court located in Santa Clara County, California.
10.5 Winners’ list. After all winners have been determined and verified, and
no later than 45 days after Dec 18, 2023, a winners’ list may be available on
the Site, posted for at least 1 week.
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