Connecting Your Social Universe
 

Program Terms and Conditions

Valid from June 15th 2008 to September 1, 2008

ZoomNation Inc, ("ZoomNation") the developers of Chatter would like to give Chatter users merchandise rewards for simply having the Chatter application installed on their personal Facebook page and for being a registered fan of the application. Chatter is an independent application and there is no endorsement or affiliation by Facebook whatsoever. This Giveaway rewards program (the "Giveaways") is solely provided and sponsored by ZoomNation.

Please read these Terms and Conditions carefully ("Terms and Conditions"). By registering as a fan ("User Fan") of Chatter on its Facebook promotional page ("Fan Page"), you are automatically eligible to be a selected winner of our Giveaways. If you do not agree to these Terms and Conditions or do not wish to receive merchandise rewards, you should not register as a User Fan of Chatter.

ZoomNation reserves the right to change these Terms and Conditions at any time without notice to you. You are therefore responsible for regularly reviewing these Terms and Conditions. Continued use of Chatter and continued access to the Chatter Giveaways following any such changes shall constitute your acceptance of such changes.

Please remember that when visiting and using Chatter you are also bound to the Terms of Use Agreement provided on our Website which describes the terms and conditions on the use of our products. Entry to the Giveaways is always subject to the laws and regulations of your country of residence and certain countries may have laws prohibiting you from receiving or being entitled to these reward programs. It will be your responsibility to make sure you are eligible for these Giveaways if you live outside the United States and Canada. Residents of Quebec, Canada are not eligible to participate.

How to Participate:

  1. There is absolutely no purchase necessary.

  2. You must be at least 14 years old to enter the Giveaways.

  3. Our Giveaways are not open to employees or immediate family members and their relatives of ZoomNation.

  4. From the Chatter promotional page on Facebook, install the application and invite friends to experience Chatter.

  5. Using the "Send Us Feedback" tab on Chatter, go back to the Chatter promotional page and become a registered fan of Chatter.

  6. Write on our "Wall" or a "Review" and that's it.

You must not write material that is: (i) offensive, obscene or unlawful under any applicable legal system; (ii) infringes the rights of any third party; (iii) contains advertising, promotional, url links to third party sites or commercial material of any kind; and (v) contains material irrelevant to the subject matter of the product. Any written material containing any of the restrictions as described will be deleted and you will be removed as an eligible participant to the Giveaways.

How we select a winner:

We will select a winner from our Fan page using electronic third party random selection services ("Selection Process"). Our User Fan selection dates will be on June 30th, July 15th, July 31st, August 15th, and September 1st ("Selection Dates")

If you are a selected winner:

If you are a selected winner (the "Selected Winner"), we will contact you by sending a private message to you on Facebook (the "Winner Notice"). You will have 48 hours from the time you receive our message to contact us using the information we provide you. The information will contain the public Chatter room in which to meet our representative and the time of the meeting appropriate to your local time zone. Once you meet our representative in one of the designated Chatter rooms, they will simply ask you three questions:

  1. How many friends have you added on Chatter and what is it like to talk to them using our application;

  2. What other fun and exciting features you would wish to eventually see on Chatter; and

  3. Where to send your merchandise.

When we ask where to send your merchandise, we will require a valid mailing address, telephone number and email address. We will deliver your merchandise using Federal Express so this information is necessary and we will pay for the shipping charge but not any taxes or duties that might arise according to possible laws and regulations from your country. Once we ship your merchandise, we will email you a tracking number for your shipment. If you do not receive your shipment, it will be up to you to track it using the tracking number provided by Federal Express. Once we verify that your merchandise has been successfully delivered using the tracking number provided, we will no longer retain your personal information. Your personal information is also governed by our Privacy Policy and we do not share or divulge your personal information other than as might be required by law.

If for any reason you have been contacted as a Selected Winner, we have exchanged shipping information and you can no longer receive the merchandise please email us immediately at giveaways@zoomnation.net. There will be a 48 hour period after we have exchanged shipping information where you will be able to contact us and cancel your acceptance (the "Delivery Cancellation Period").

Cancellation of Selection

If we do not hear from you within 48 hours of receiving your Winner Notice, we will consider your selection as void and a new Selection Process will begin. The date and time we send the Winner Notice will be the counter to your 48 hour response time. Based on this date and time, we will also post the expiration date on your Winner Notice. We will allow a one hour grace period from the expiration date of your Winner Notice before we void the Selection Process (the "Grace Period"). No extensions after the Grace Period.

If you cancel your acceptance during the Delivery Cancellation Period or you inform us that you cannot accept your merchandise for any legal reason provided by your country, then the Selection Process entitling you as a winner will be void and a new Selection Process for another winner will occur.

Announcement of Selected Winner:

Once our Selection Process is complete we will announce that a winner has been selected. We will not announce the name of the winner until we have successfully shipped their merchandise. Once we have shipped their merchandise, then we will make an announcement on our "Wall" and send a message to all our User Fans about the Selected Winner and their merchandise package.

If you are the Selected Winner you agree to allow ZoomNation a non-exclusive license which is perpetual, irrevocable, worldwide and royalty-free to copy, display, modify and publish your first name, the State or Province where you reside and your image for internal and external use in advertising, promotions and trade in relation to the Chatter application.

Other Rules and Conditions

All details of the merchandise will be provided in the Winner Notice. Merchandise is not transferrable and no other name for shipping maybe used other than the Selected Winner. Selected Winners cannot request a cash alternative or substitution of the merchandise. ZoomNation at its sole discretion, reserves the right to substitute a prize of greater or equal value in particular if any merchandise cannot be awarded as described due to unavailability.

ZoomNation may in its sole discretion and without notice, cancel, terminate, modify or suspend the Chatter application, the Chatter promotional Facebook Page, the Chatter website and/or the Chatter Giveaways at any time for any reason whatsoever. No liability shall attach to ZoomNation as a result thereof and the exercise of such discretion shall not result in any compensation being payable or paid to you or any other person.

ZoomNation may in its sole discretion, suspend a participant, disqualify any User Fan or amend or waive the Rules or these Terms and Conditions at any time. You agree that no liability shall attach to ZoomNation as a result thereof and that the exercise of such discretion shall not result in any compensation being payable or paid to you or other person.

Any and all rights in relation to ZoomNation, any of its subsidiaries as might be mentioned or any of its products such as Chatter, is the sole and exclusive property of ZoomNation Inc. No information, logo or proprietary data in any medium whatsoever may be reproduced in any format or used in any manner electronic or otherwise without the prior written consent of ZoomNation Inc.

ZoomNation provides Chatter, the Chatter promotional Facebook Page, the Chatter website on an "as is", "where is" and "as available" basis and ZoomNation hereby disclaims any express or implicit warranty regarding Chatter, the Chatter promotional Facebook Page, the Chatter website, including without limitation any warranty of merchantability or fitness for purpose notwithstanding that such purpose may have been known or become known to ZoomNation. Without prejudice to the generality of the foregoing, ZoomNation assumes no responsibility for, and makes no guarantees that: (i) Chatter, the Chatter promotional Facebook Page, the Chatter website or any of its services on Chatter, the Chatter promotional Facebook Page, the Chatter website will meet your requirements; (ii) services and functions on Chatter, the Chatter promotional Facebook Page, the Chatter website will be uninterrupted, timely, secure or error-free; (iii) results that may be obtained from the use of Chatter, the Chatter promotional Facebook Page, the Chatter website any services on Chatter, the Chatter promotional Facebook Page, the Chatter website will be accurate or reliable; (iv) defects to Chatter, the Chatter promotional Facebook Page, the Chatter website will be corrected; or (v) Chatter, the Chatter promotional Facebook Page, the Chatter website or the servers that make it available will be free of viruses or other harmful elements. Furthermore you acknowledge that ZoomNation relies on contributions made by third parties and, as such, they are made available on an "as is" and "where is" basis without any warranty as to the non-infringement of third party rights.

ZoomNation cannot accept any responsibility for any damage, loss, injury or disappointment suffered by any participant entering the Giveaways or as a result of acceptance of any merchandise. ZoomNation is not responsible for any problems or technical malfunction of any telephone network or lines, computer, on-line systems, servers, or provides, computer equipment, software failure of any e-mail or entry to be received on account of technical problems or traffic congestion on the Internet, telephone lines or at any website, or any combination thereof, including any injury or damage to a participant's or any other person's computer or mobile telephone related to or resulting from participation or downloading any materials or services in relation to the Giveaways. By participating in the Giveaways, you agree that no claim relating to any such loss or injury (including without limitation special, indirect or consequential losses) shall be asserted against ZoomNation, or any of its subsidiaries or affiliate companies, sponsors, directors, officers, employers or agents.

By participating in the Giveaways you agree that no claim shall be asserted against ZoomNation, or any of its subsidiaries or affiliate companies, sponsors, directors, officers, employers or agents in respect of any and all losses or injuries (including without limitation special, indirect or consequential losses), damages, rights, claims or actions of any kind whatsoever that result from you entering the Chatter Giveaways or accepting, or using any of its merchandise.

ZoomNation will not accept any responsibility for: (i) lost, late or undelivered merchandise; (ii) inaccurate information relating to the third party description of any merchandise; (iii) any technical failure, malfunction or difficulty that might hinder the ability of you to enter the Giveaways; or (iv) any event which may cause the Chatter Giveaways to be disrupted.