Celebrate 3December With Your Story

Contest Summary

Organizer	Wacom 1311 SE Cardinal Court, Vancouver WA 98683
Administrator	Strutta Media Inc. 206-375 Water Street, Vancouver, BC V6B 5C6
Region	Contest is open world-wide excluding residents of Quebec, Cuba, Iran, Myanmar (Burma), North Korea, Sudan, and Syria.
Contest Period	12:00 AM PST - Dec 1, 2009 -- 11:59 PM PST - Jan 31, 2010
How will winner be chosen	Popular Vote
Number of entries per person	Unlimited
Number of votes per entry	1
Prize Draw Date	11:59 PM PST - Jan 31, 2010
Prizes	Cintiq 21UX, Mudbox & Sketchbook Pro ($2844.00) Cintiq 12WX, Mudbox & Sketchbook Pro ($1844.00) Intuos4, Mudbox & Sketchbook Pro ($1194.00)

CONTEST TERMS

NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.

CONTEST BEGINS AT 12:00:00 AM (PT) ON December 1, 2009 AND ENDS AT 11:59:59 PM (PT) ON January 15, 2010 (THE “PROMOTION PERIOD”).

Definitions

In these Official Contest Rules ("Rules"), the following terms have the meanings set out below. In addition, other capitalized terms have the meaning so given to them.

"Contest" means the contest, game, sweepstake, promotion, marketing activity or other event specified in the Contest Summary;

"Contest Facilitators" means, collectively, the Administrator, the Organizer and any Sponsors arranged by the Organizer;

“Contest Requirements” means the guidelines and criteria that entrants must abide by to be eligible for the Contest;

“Contest Site” means http://3december.wacom.com

"Contest Summary" means the Contest summary page for a particular contest, which specifies certain information for that Contest;

"Administrator" means Strutta.com Media Inc.;

"Organizer" means the organization that organizes and sponsors an Contest, as specified in the Contest Summary;

“Prize” or “Prizes” means the prize or prizes (if there are multiple prizes) to be awarded for a particular Contest as specified in the Contest Summary;

"Region" means the region(s) selected in which the Contest is held; and

“Site” means www.strutta.com any and any services available thereon.

1. Eligibility: The Contest is FREE to enter and open to all individuals, who are legal residents of the Region(s) specified and have reached the legal age of majority in their Region of residence at the time of their Entry (as defined below), or if a minor at the time of their Entry, have their parent’s or legal guardian’s knowledge and consent to enter (“you” or “Contestant”). It is your responsibility to ensure that you are legally eligible to enter an Contest under any laws applicable to you in your jurisdiction of residence or otherwise. The employees, officers and directors of the Contest Facilitators as well as the immediate family (spouse, parents, siblings and children) and household members of each such employee, officer and director are not eligible to participate in the Contest. The Contest is void outside the Region specified and where prohibited by applicable federal, state, provincial or local laws, rules or regulations.
2. Agreement to Official Rules: By participating in the Contest, you fully and unconditionally agree to and accept these Rules and the decisions of the Organizer and/or Administrator, which are final and binding in all matters related to the Contest. Whether or not you receive a Prize is contingent upon fulfilling all requirements set forth in these Rules. The Contest is subject to all applicable federal, state, and local laws. The Organizer is responsible for ensuring the Contest complies with all laws in all jurisdictions where the Contest is offered. CONTESTS are void where prohibited by law.
3. Contest Period: The Contest opens on the date and time specified in the Contest Summary, and ends on the date and time specified in the Contest Summary (the "Contest Period"). All times specified are Pacific Standard Time (PST). The Administrator’s computer is the official time-keeping device for the Contest.
4. How to Enter: To enter the Contest, complete the registration form at http://3december.wacom.com (the "Registration Form") on the Site with your full name, city, country, email address, birth date and phone number, along with several survey questions. Then follow the directions specified for the Contest in the Contest Summary during the Contest Period. You must register for a Strutta account in order to participate in an Contest. You must then provide an entry ("Entry") that fulfills the contest requirements ("Contest Requirements"), as specified in the Contest Summary, to be eligible to win a Prize. Entries that do not include all the required information and adhere to the Rules will be considered void. The Contest Facilitators are not responsible for lost, misdirected or incomplete Entries. The Organizer determines if an Entry meets the Contest Requirements and otherwise complies with the Rules.

5. Terms of Submission: You may enter the Contest as many times as is specified in the Contest Summary. You may delete your Entry at anytime; however, deletion of your entry will result in withdrawal from the Contest unless and until a new entry is submitted. In the event it is determined that an entrant has entered in a fashion not sanctioned by these rules and/or has submitted more than the number of entries permitted by these rules, the entrant will be disqualified and all of the entries submitted by the entrant will be disqualified. By participating in the Contest you permit public voting in connection with your Entry.

   The Entry must be submitted to the Contest Site in jpg, gif, or png file format or .3gp, .avi, .mov, .mp4, .mpeg, .flv, .swf or .mkv but may originate in any visual medium. ENTRIES MUST BE RECEIVED BY 11:59:59 PM (PT) ON January 15, 2010. No illegible, incomplete, forged or altered entries will be accepted. Only one (1) entry per person will be accepted.

   Do not submit original file of the Entry. Entries will not be returned. You should retain and store the original file on your own. Valid and acceptable artwork will be decided by the Sponsor and the winner will be decided based upon the total number of favorite votes accumulated throughout the specified times of the contest and the Sponsor. In case of dispute, entries will be deemed made by the authorized account holder of the email address submitted at the time of entry. "Authorized account holder" is defined as the natural person who is assigned to an email address by an internet access provider, online service provider or other organization that is responsible for assigning email addresses for the domain associated with the submitted e-mail address. Sponsor is not responsible for late, lost, incomplete or misdirected entries.

   Email verification will be sent to each entrant to confirm and verify the creation of his/her account. A further email notification will be sent to each entrant when his/her entry is posted to the Contest Site.

6. Rights Granted by you: By entering this Contest, you agree that:
1. All Entries will remain on the Contest Site during the Contest Period. All Entries submitted will remain the exclusive property of the entrant, provided that:
1. entrant will not acquire any ownership or other interest in any and all trademarks, logos and other intellectual property of the Sponsors (collectively “Sponsor’s Marks”) contained in the Work;
2. except as expressly required in these Official Rules, entrant may not use the Sponsor Marks in any manner whatsoever in connection with the Work or otherwise without the relevant Sponsor’s express prior written approval;
3. during the Contest Period, and for a period of one year thereafter, eligible Entries may be posted at the Contest Site or otherwise displayed in selections made by Contest Facilitators and in any form and media on or off the Contest Site in connection with promotion of the Contest and/or relevant event, 3December;
4. during the ten (10) year period immediately following the Contest Period (the “Display Period”), the Contest Facilitators may (but will not be obligated to) display prize winning Entries in any form and media in connection with the promotion of their respective businesses and/or products;
5. the Contest Facilitators may otherwise use prize winning Entries in such manner and upon such terms and conditions as the relevant entrant may approve in writing (such approval not to be unreasonably withheld, delayed or conditioned); and
6. entrant may not authorize or permit any prize winning Entry to be used to promote any product or service of any party other than entrant and the Contest Facilitators during the Display Period.
7. Your Representations and Warranties: By entering the Contest, you represent and warrant that:
1. your Entry, in its entirety, is an original work by you and you have not included third party content (such as writing, poetry, text, graphics, artwork, logos, photographs, likeness of any third party, musical recordings, clips of videos, television programs or motion pictures) in or in connection with your Entry without permission;
2. your Entry, the use thereof by the Contest Facilitators, or the exercise by the Organizer or Administrator of any of the rights granted by you under these Contest Rules, does not and will not infringe or violate any rights of any third party or entity, including, without limitation, patent, copyright, trademark, trade secret, defamation, privacy, publicity, false light, misappropriation, confidentiality, or any contractual or other rights;
3. you have all the rights, licenses, permissions and consents necessary to submit the Entry and to grant all of the rights that you have granted to the Contest Facilitators under these Contest Rules;
4. all persons who were engaged by you to work on the Entry, who appear in the Entry in any manner, or have contributed to the Entry have:
1. given you their written consent to submit the Entry without claims for payment of any kind; and
2. provided written permission to include their name, likenesses, image or pictures in or with your Entry (or if a minor who is not your child, you must have the permission of their parent or legal guardian) and you may be asked by the Contest Facilitators to provide such permission in writing to the Contest Facilitators; and
5. You have read, understood, accept and agree to be bound by the Administrator’s Terms of Service set out at Site.

8. Prizes: The Organizer will provide the Prize(s) to be awarded for a particular Contest. No substitution of a Prize will be made unless the Organizer, in its sole discretion, determines otherwise. A Prize must be accepted as awarded, and the odds of winning are dependant upon the total number of eligible Entries received for the Contest Period. If, as a result of an error relating to the entry process, drawing or any other aspect of the Contest, there are more potential winners of Prizes than contemplated in these rules, there will be a random draw amongst all eligible Prize claimants after the Contest Closing Date (as set out in the Contest Summary) to award the correct number of Prizes.

   One (1) 1st Prize Package consisting of the following: One (1) Wacom Cintiq 21UX Interactive Pen Display, One (1) licensed copy of Autodesk Mudbox™ 2010 software, One (1) licensed copy of Autodesk SketchBook® Pro 2010 drawing software. (Total Approximate Retail Value (“ARV”): $2,844 USD).

   One (1) 2nd Prize Package consisting of the following: One (1) Wacom Cintiq 12WX Interactive Pen Display, One (1) licensed copy of Autodesk Mudbox™ 2010 software , One (1) licensed copy of Autodesk SketchBook® Pro 2010 drawing software. (Total Approximate Retail Value (“ARV”): $1,844 USD).

   One (1) 3rd Prize Package consisting of the following: One (1) Wacom Intuos4 Medium Professional Pen Tablet, One (1) licensed copy of Autodesk Mudbox™ 2010 software, One (1) licensed copy of Autodesk SketchBook® Pro 2010 drawing software. (Total Approximate Retail Value (“ARV”): $1,194 USD).

   Total ARV of all prizes: $5,882. Odds of winning depend on number of eligible entries received and nature of Work. All prizes will be awarded (assuming sufficient number of entries). Sponsors reserve right to substitute prizes of equal or greater value. No other substitution or transfer of prizes permitted. Sponsors responsible only for prize delivery; not responsible for prize utility, quality or otherwise. Taxes and fees, if any, are the sole responsibility of prize winners.

9. Winner(s): The winner(s) ("Winner(s)") of the Prize(s) will be selected, as specified in the Contest Summary, from all eligible Entries received. If you are selected as a Winner, you will be notified of the selection of your Entry by the phone or email address provided by you on the Registration Form. If you do not respond to the phone or email notification of your selection as a Winner within three (3) days, an alternate Winner will be selected to receive the Prize. All decisions of the Organizer in selecting the Winner (s) are final and binding on all Entrants in all matters relating to the Contest.
10. To Redeem Prize: Except where prohibited, a Winner (or his/her parent/legal guardian if the Winner is a minor in his/her jurisdiction of residence) shall be required to execute and return to the Organizer within ten (10) days of the date notice or attempted notice is sent, an Eligibility, Declaration of Compliance with the Rules and Liability & Publicity Release Form (“Declaration and Release Form”) in order to claim the Prize. To be officially declared a Winner, each selected Entrant must first correctly answer, without assistance of any kind, a mathematical skill-testing question. The skill-testing question, along with Declaration and Release Form, will be forwarded to each Winner by email. A Prize is personal to the Winner and is non-transferable. If a Winner cannot be contacted, or fails to execute and return the Release Form within the required time period (if applicable), or if the Prize is returned as undeliverable, the Winner forfeits the Prize. Acceptance of any Prize shall constitute and signify the Winner's agreement and consent that the Contest Facilitators may use the Winner's name, photo, city, state, likeness, Entry and Prize information in connection with the Contest, worldwide, including on the internet, without limitation and without further payment or consideration, except where prohibited by law. Each Winner (or his/her parent/guardian if the Winner is a minor) is responsible for all taxes and fees associated with receipt of the Prize.
11. Voting: Online voting begins and ends as stated in the Contest Summary (the "Voting Period"). Anyone who registers on the Site can vote for their favorite Entry or the Entry that best meets the judging criteria during the Voting Period. The Contest Facilitators have the right, in their sole discretion, to maintain the integrity of the Contest, including the right to void votes, including, but not limited to, for the following reasons:
1. multiple votes from the same user from different IP addresses or from different email addresses; fraudulent entry votes (using a redirect link, a disguised link, a fraudulent link, etc.);
2. technical malfunction of servers or internet connection;
3. user(s) recanting their own votes;
4. technical or content upgrades that render votes incompatible or inconsistent; and
5. inappropriate conduct in promoting votes (spam, harassment, etc.).

Entries will be posted on the Contest Site during the Contest Period. Members of the public must register on the Contest Site to have the opportunity to vote for their favorite entries. To register and vote for your favorite entries during the Contest, create an account with a unique username and password combination, provide your email address, and confirm that you agree to comply with the rules governing your online voting participation in the Contest. A verification email will be sent to your email address to confirm and activate the account. Limit of one (1) vote per person per category (photograph/video) per day. For the purposes of these Contest Rules, a “day” means a 24-hour period beginning at 12:00:00 AM ET (i.e. midnight). Public voting closes at the end of the Contest Period, being 11:59:59 PM ET on January 31st, 2010.

Entrants are encouraged to promote their respective designs to family and friends during the Voting Period, but any attempt to create false "Favorites" or to use in purpose of generating "Favorites" will result in disqualification. Entrants are reminded that "Favorites" can be removed by the account that initiates the "Favorite." The counting of "Favorites" will be non-cumulative and will occur once at the close of the Voting Period. In the event that the entry receiving the most Favorites at the end of the Voting Period is disqualified under these rules, the qualifying entry with the next highest number of Favorites will be selected as the winner.

12. INAPPROPRIATE CONTENT: The competition site will give participants and voters the ability to flag inappropriate content via a small "flag" icon next to the entry that will alert contest administrators (Wacom). If comments are offensive or inappropriate, click the flag icon and follow the directions. If there is no visible flag icon, contact the contest administrator directly using the contact button.

13. General Conditions: The Contest Facilitators have the right to verify your eligibility and compliance with these Rules, and to disqualify you on the basis of its investigation.

    Your personal information will be processed in accordance with the Administrator’s Privacy Policy, as amended from time to time. You should direct any request to access, update, or correct your personal information to Administrator.

    You may not enter with multiple e-mail and/or street addresses, nor may you use any other device or artifice to submit more than one (1) Entry or vote. If you use fraudulent Entry methods, or otherwise attempt to participate with multiple e-mail and/or street addresses under multiple identities, or use any device or artifice to enter more than one (1) Entry, you will be disqualified. In the event of a dispute as to any Entry, the authorized account holder of the e-mail address used to enter will be deemed to be the person who made the Entry. For the purposes of these Rules, the authorized “account holder” is the natural person assigned an e-mail address by an internet access provider, online service provider or other organization responsible for assigning e-mail addresses for the domain associated with the submitted address.

    Nothing contained in these Rules shall be construed to: (i) give any party the power to direct and control the day-to-day activities of the other; (ii) constitute the parties as partners, joint venturers, principal and agent, employer and employee, co-owners or entrants in a joint undertaking; or (iii) allow you to create or assume any obligation on behalf of the Organizer.

    By entering the Contest, you fully and unconditionally agree to and accept these Rules and the decisions of the Contest Facilitators and the members of the voting community, which are final and binding on all matters relating to this Contest.

    Contest Facilitators reserve the right to cancel, modify or suspend the Contest at any time (subject to approval of any regulatory body having jurisdiction), if it is determined that the Contest cannot be run as originally planned or if fraud or any other occurrence comprises the fairness or integrity of the Contest.

    If the Contest is operated in Quebec, Canada, any decision to be made by Administrator may be subject to a ruling of the Régie des alcools des courses et des jeux du Québec.

14. Liability Provisions: The Contest Facilitators are not responsible for human error, theft, destruction, or damage to Entries or other factors beyond its reasonable control.

    You assume all risk of damaged, lost, late, incomplete, invalid, incorrect or misdirected Entries. The Contest Facilitators make no warranty, representation or guarantee, express or implied, in connection with its ability to in any way enable, develop or market the idea set forth in your Entry.

    The Contest Facilitators shall not be liable to a Winner or any other person for failure to supply the Prize or any part thereof, by reason of the Prize becoming for reasons beyond the reasonable control of the Contest Facilitators unavailable or impracticable to award, or for any force majeure event, technical or equipment failure, terrorist acts, labor dispute, or act/omission of any kind (whether legal or illegal), transportation interruption, civil disturbance, or any other cause similar or dissimilar beyond the Organizer’s control.

    The Organizer, Administrator and their employees, officers, directors, agents, contractors, representatives, affiliates, divisions, subsidiaries, resellers, dealers, distributors, advertising/promotion agencies (the “Released Parties”) shall not assume any responsibility whatsoever for any of the following: delayed, failed, partial or garbled computer transmissions; technical failures of any kind, including, but not limited to, lost, interrupted or unavailable network, server, internet, or other connections; the availability, accessibility, technical failure or miscommunications of computer, satellite, telephone or cable transmissions; the incorrect or inaccurate capture or failure to capture information whether caused by Site or Contest Site users, tampering, hacking, or by any equipment or programming associated with or utilized in the Contest; errors of any kind whether human, mechanical, electronic, network or otherwise arising out of or relating to the Contest; theft, loss, destruction or damage to an Entry in whole or in part; and other factors beyond their reasonable control. The Released Parties are not responsible for injury or damage to your or to any other person’s computer related to or resulting from participating in the Contest or downloading materials from or use of the Site or any Contest Site.

    CAUTION: ANY ATTEMPT BY YOU TO DELIBERATELY DAMAGE THE SITE OR ANY CONTEST SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF APPLICABLE CRIMINAL AND CIVIL LAW. SHOULD SUCH AN ATTEMPT BE MADE, THE ORGANIZER AND ADMINISTRATOR RESERVE THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT OF THE LAW AND TO DISQUALIFY YOU FROM THE CONTEST.

    LIMITATIONS OF LIABILITY AND RELEASE: BY SUBMITTING AN ENTRY, YOU AGREE THAT THE RELEASED PARTIES WILL HAVE NO LIABILITY WHATSOEVER FOR, AND WILL BE RELEASED AND HELD HARMLESS BY YOU AND YOUR HEIRS, EXECUTORS, REPRESENTATIVES, SUCCESSORS AND ASSIGNS FOR ANY CLAIMS, LIABILITIES, OR CAUSES OF ACTION OF ANY KIND OR NATURE FOR ANY INJURY, LOSS OR DAMAGES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES TO PERSONS, INCLUDING, WITHOUT LIMITATION, DISABILITY OR DEATH, AND DAMAGE TO PROPERTY, DUE IN WHOLE OR IN PART, ARISING DIRECTLY OR INDIRECTLY, NOW OR IN THE FUTURE FROM THE DELIVERY, ACCEPTANCE, USE OR MISUSE OF THE PRIZE, ANY AND ALL USE AS PROVIDED HEREIN OF YOUR ENTRY, OR PARTICIPATION IN THIS CONTEST AND/OR ANY RELATED CONTEST. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE SITE AND ANY CONTEST SITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, IN WHICH CASE SUCH LIMITATION OR EXCLUSION SHALL APPLY ONLY TO THE EXTENT PERMITTED BY THE LAW IN THE RELEVANT JURISDICTION.

15. Choice of Law: These Rules shall be governed by and construed in accordance with the laws of the Province of British Columbia, and the laws of Canada, as applicable herein, without reference to its conflicts of laws principles. Any and all disputes, claims, and causes of action with the Contest Facilitators arising out of or connected with this Contest, other than the determination or validity of claims, shall be resolved individually, and exclusively by arbitration under the British Columbia International Commercial Arbitration Centre, in accordance with its rules, as amended from time to time. Any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in this Contest, but in no event attorneys’ fees. You hereby waive all rights to: (i) claim or be awarded any punitive, direct, indirect, incidental, and consequential damages and any other damages, other than for actual out-of-pocket expenses; and (ii) to have damages multiplied or otherwise increased.
16. SPONSORS: Autodesk Canada Co. 10 rue Duke Montreal, Québec H3C 2; Wacom Technology Corporation, 1311 SE Cardinal Ct, Vancouver, WA, 98683
17. QUESTIONS REGARDING THIS CONTEST? Submit questions about the contest to: 3December@wacom.com
18. ACCEPTANCE OF TERMS OF USE AND AMENDMENTS: Each time you use or cause access to this web site, you agree to be bound by these Terms of Use, and as amended from time to time with or without notice to you. In addition, if you are using a particular service on or through this web site, you will be subject to any rules or guidelines applicable to those services and they shall be incorporated by reference into these Terms of Use. Please see our Privacy Policy, which is incorporated into these Terms of Use by reference.