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Adobe Certified Associate U.S. National Championship Contest
NO PURCHASE NECESSARY TO PARTICIPATE OR WIN. VOID WHERE PROHIBITED. CONTEST IS OPEN TO THE DIRECT AND INTENDED RECIPIENTS OF NCS PEARSON, INC. THAT ARE ADOBE CERTIFIED ASSOCIATES AND WHO ARE RESIDENTS OF THE 50 UNITED STATES (Excluding Colorado and Maryland).
PARTICIPATION IN THIS CONTEST CONSTITUTES YOUR ACCEPTANCE OF THESE OFFICIAL RULES.
BINDING AGREEMENT: In order to participate in the Adobe Certified Associate U.S. National Championship Contest (the “Contest”), you must agree to these Rules. Therefore, please read these Rules prior to participating to ensure you understand and agree. You agree that participating in the Contest constitutes your agreement to these Rules. You may not participate in the Contest and are not eligible to receive any prize described in these Rules unless you agree to these Rules. These Rules form a binding legal agreement between you and Sponsor with respect to the Contest.
CONTEST ELIGIBILITY: To be eligible to participate in the Contest, you must: (1) be between the ages of 13 and 22 as of June 15, 2018 (and if you are an eligible minor you must have the permission from your parents or legal guardians to participate in the Contest); (2) be enrolled in an approved academic institution (as defined by Sponsor in its sole discretion); (3) not be a resident of Colorado or Maryland; (4) have access to the Internet as of June 15, 2017. Contest is void in Colorado and Maryland and where prohibited by law. Employees, interns, contractors, and official office-holders of Sponsor, NCS Pearson, Inc., Adobe, Inc., Certiport, Inc., and their respective parent companies, subsidiaries, affiliates, and their respective directors, officers, employees, advertising and Contest agencies, representatives, and agents (collectively, “Contest Entities”), and members of the Contest Entities immediate families (parents, siblings, children, spouses, and life partners of each, regardless of where they live) and members of the households (whether related or not) of such Contest Entities are ineligible to participate in this Contest. Sponsor reserves the right to verify eligibility and to adjudicate on any dispute at any time. Entrants who have previously competed in the Adobe Certified Associate World Championship final round are not eligible to compete for the 2018 ACA U.S. National Championship.
SPONSOR: The Contest is sponsored by Certiport, a business of NCS Pearson, Inc. (“Sponsor”), with a principal place of business at
Certiport, a business of NCS Pearson, Inc.
1276 S. 820 E. Ste. 200
American Fork, UT 84003
CONTEST PERIOD: The Contest will take place online at www.acachampionship.com/US (the “Event”) and begins on June 16, 2017 at 12:00 AM Mountain Time (MT) Zone in the United States and ends on June 15, 2018 at 11:59 PM MT (“Contest Period”). PARTICIPANTS ARE RESPONSIBLE FOR DETERMINING THE CORRESPONDING TIME ZONE IN THEIR RESPECTIVE JURISDICTIONS.
HOW TO PARTICIPATE IN THE CONTEST: During the Event, eligible entrants may submit a design project created using one or more of the following programs: Adobe Photoshop, Illustrator, and InDesign
All design projects must be completed using Adobe Photoshop, Illustrator, and/or InDesign to be accepted. Projects are void if they are in whole or part incomplete, altered, counterfeit, obtained through fraud, or late.
WINNER DETERMINATION: At the conclusion of the Contest Period, a team of judges will review all submissions, reviewing creativity, along with technical ability. The top three project submissions will be determined the winners, and the entrants will be notified and invited to represent the United States at the 2018 ACA World Championship. In the event a potential winner is disqualified for any reason, the entry that received the next highest total score will be chosen as the potential winner.
WINNER NOTIFICATION: On or about June 15, 2018 the potential winners will be announced via email. If a potential winner does not respond to the email notification within 72 hours, then such potential winner may be disqualified and an alternate potential winner may be selected from among all eligible exams received based on the winner procedure described herein. Except where prohibited by law, each potential winner will be required to sign and return a Declaration of Eligibility and Liability and Publicity Release and provide any additional information that may be required by Sponsor. Potential winners must return all such required documents within five (5) days following attempted notification or such potential winner will be deemed to have forfeited the prize and another potential winner may be selected based on the winner procedure described herein. All notification requirements, as well as other requirements within these Rules, will be strictly enforced. In the event that no entries are received, no prize will be awarded. Determinations of Sponsor are final and binding.
ACA FIRST, SECOND, AND THIRD PLACE PRIZES: A travel sponsorship to attend the 2018 ACA World Championship. Approximate Retail Value (“ARV”): $1,000 USD.
PRIZE CONDITIONS: No transfer, substitution or cash equivalent for prizes is allowed, except at Sponsor’s sole discretion. Sponsor reserves the right to substitute a prize, in whole or in part, of equal or greater monetary value if a prize cannot be awarded, in whole or in part, as described for any reason. Contest Entities have not made and Contest Entities are not responsible in any manner for any warranties, representations, or guarantees, express or implied, in fact or law, relating to the prize, regarding the use, value or enjoyment of the prize.
TAXES: RECEIPT OF PRIZES TO POTENTIAL WINNERS ARE SUBJECT TO THE EXPRESS REQUIREMENT THAT THEY SUBMIT TO SPONSOR ALL DOCUMENTATION REQUESTED BY SPONSOR TO PERMIT IT TO COMPLY WITH ALL APPLICABLE FEDERAL, STATE, PROVINCIAL, LOCAL AND FOREIGN TAX REPORTING AND WITHHOLDING REQUIREMENTS. ALL PRIZES WILL BE NET OF ANY TAXES SPONSOR IS REQUIRED BY LAW TO WITHHOLD. ALL TAXES IMPOSED ON PRIZES ARE THE SOLE RESPONSIBILITY OF THE WINNERS. In order to receive a prize, potential winners may be required to submit the tax documentation requested by Sponsor or otherwise required by applicable law, to Sponsor or the relevant tax authority, all as determined by applicable law, including, where relevant, the law of the potential winner’s country of residence. The potential winners are responsible for ensuring that (s)he complies with all the applicable tax laws and filing requirements. If a potential winner fails to provide such documentation or comply with such laws, the prize may be forfeited and Sponsor may, in its sole discretion, select an alternative potential winner.
GENERAL CONDITIONS: All federal, state, provincial and local laws and regulations apply. Sponsor reserves the right to disqualify any participant from the Contest if, in Sponsor’s sole discretion, it reasonably believes that the participant has attempted to undermine the legitimate operation of the Contest by cheating, deception, or other unfair playing practices or annoys, abuses, threatens or harasses any other participants, viewers, Sponsor, or the Judges.
INTELLECTUAL PROPERTY RIGHTS: As between Sponsor and the participant, the participant retains ownership of all intellectual and industrial property rights (including moral rights) in and to their exam. As a condition of exam, participant grants Sponsor, its subsidiaries, agents and partner companies, a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to use, reproduce, adapt, modify, publish, distribute, publicly perform, create a derivative work from, and publicly display their participation in the Contest in connection with advertising and Contest via communication to the public or other groups.
PUBLICITY. By accepting a prize, participant agrees to Sponsor and its agencies use of his or her name and/or likeness and photo (if applicable) for advertising and promotional purposes without additional compensation, unless prohibited by law.
WARRANTY AND INDEMNITY: To the maximum extent permitted by law, each participant indemnifies and agrees to keep indemnified Contest Entities at all times from and against any liability, claims, demands, losses, damages, costs and expenses resulting from any act, default or omission of the participant and/or a breach of any warranty set forth herein. To the maximum extent permitted by law, each participant agrees to defend, indemnify and hold harmless the Contest Entities from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorney’s fees) arising out of or accruing from (a) any exam or other material uploaded or otherwise provided by the participant that infringes any copyright, trademark, trade secret, trade dress, patent or other intellectual property right of any person or defames any person or violates their rights of publicity or privacy, (b) any misrepresentation made by the participant in connection with the Contest; (c) any non-compliance by the participant with these Rules; (d) claims brought by persons or entities other than the parties to these Rules arising from or related to the participant’s involvement with the Contest; (e) acceptance, possession, misuse or use of any prize or participation in any Contest-related activity or participation in this Contest; (f) any malfunction or other problem with the Contest Site; (g) any error in the collection, processing, or retention of exam information; or (h) any typographical or other error in the printing, offering or announcement of any prize or winners.
ELIMINATION: Any false information provided within the context of the Contest by any participant concerning identity, mailing address, telephone number, email address, ownership of right or non-compliance with these Rules or the like may result in the immediate elimination of the participant from the Contest.
INTERNET: Contest Entities are not responsible for any malfunction or for any late, lost, damaged, misdirected, incomplete, undeliverable, or destroyed exams due to system errors, failed, incomplete or garbled computer or other telecommunication transmission malfunctions, hardware or software failures of any kind, lost or unavailable network connections, typographical or system/human errors and failures, technical malfunction(s) of any telephone network or lines, cable connections, satellite transmissions, servers or providers, or computer equipment, traffic congestion on the Internet or at the Contest Site, or any combination thereof, including other telecommunication, cable, digital or satellite malfunctions which may limit an participant’s ability to participate.
RIGHT TO CANCEL, MODIFY OR DISQUALIFY. If for any reason the Contest is not capable of running as planned, including, without limitation, due to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Contest, Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Contest and if terminated, Sponsor will determine the potential winners for the Contest from among all eligible exams received prior to action taken using the judging criteria specified above. Sponsor further reserves the right to disqualify any participant who tampers with the submission process or any other part of the Contest or Contest Site. Any attempt by an participant to deliberately damage any web site, including the Contest Site, or undermine the legitimate operation of the Contest is a violation of criminal and civil laws and should such an attempt be made, Sponsor reserves the right to seek any and all remedies available from any such participant to the fullest extent of the applicable law.
NOT AN OFFER OR CONTRACT OF EMPLOYMENT: Under no circumstances shall the submission of an exam into the Contest, the awarding of a prize, or anything in these Rules be construed as an offer or contract of employment with either Sponsor, or the Contest Entities. You acknowledge that you have submitted your exam voluntarily and not in confidence or in trust. You acknowledge that no confidential, fiduciary, agency or other relationship or implied-in-fact contract now exists between you and Sponsor or the Contest Entities and that no such relationship is established by your submission of an exam under these Rules.
FORUM AND RECOURSE TO JUDICIAL PROCEDURES: These Rules shall be governed by, subject to, and construed in accordance with the laws of the State of Minnesota, United States of America, excluding all conflict of law rules. If any provision(s) of these Rules are held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect. To the extent permitted by law, the rights to litigate, seek injunctive relief or make any other recourse to judicial or any other procedure in case of disputes or claims resulting from or in connection with this Contest are hereby excluded, and all Participants expressly waive any and all such rights.
ARBITRATION: By entering the Contest, you agree that exclusive jurisdiction for any dispute, claim, or demand related in any way to the Contest will be decided by binding arbitration. All disputes between you and Sponsor of whatsoever kind or nature arising out of these Rules, shall be submitted to Judicial Arbitration and Mediation Services, Inc. (“JAMS”) for binding arbitration under its rules then in effect in Minnesota, before one arbitrator to be mutually agreed upon by both parties. The parties agree to share equally in the arbitration costs incurred.
WINNERS’ LIST: You may request a list of Contest winners after June 30, 2018 by sending an email with the subject line “Adobe Certified Associate U.S. National Championship Contest Winners” to ACAChampionship@pearson.com or by sending a self-addressed stamped envelope to:
Certiport, a business of NCS Pearson, Inc.
1276 S. 820 E. Ste. 200
American Fork, UT 84003