LinkedIn Agency Publisher of the Year Award Official Rules

The promotion shall occur between 9:00 am United States Pacific Standard Time (“PT”) on August 11, 2015 and 11:59 pm PT on December 11, 2015 (the “Promotion Period”).  An entrant must be an employee or contractor of one of the media agencies specified on this list (each, a “Media Agency”).  In order to enter the promotion, during the Promotion Period, an entrant must (i) be an employee or contractor of one of the Media Agencies and (ii) write at least one long-form post on any marketing topic and publish it using the publishing tool to the entrant’s LinkedIn.com profile with a hashtag #agencypublisher. Each post will be considered one entry and there is no limit to the number of entries per entrant.

• Entries must be original, exclusively written, created and owned by entrant, and the entrant must have all rights necessary to post the entry to his or her LinkedIn.com profile.
• Entries may only be submitted by publishing them on LinkedIn via the ‘Publish Post’ tool and tagging the post with the hashtag #agencypublisher.
• Entries must not previously have been posted to any website, blog, online platform, distributed via print media or otherwise made publicly available.
• Entries may not contain material that is obscene, defamatory, libelous, threatening, pornographic, offensive, violates third party rights, or encourages conduct that would be considered a criminal offense, gives rise to civil liability, or violates any law. Entries must be generally well written, relate to a marketing topic and be appropriate for viewing by the general public, in each case as determined by Sponsor (as defined in Section 14 below).
• Each entrant must have his or own current, valid LinkedIn profile, and multiple entrants are not permitted to enter the promotion using the same LinkedIn profile. 

Sponsor reserves the right to reject any entry for any reason, including in particular where an entry has not been submitted via the Entry Channel or where an entry contains what Sponsor believes may be content prohibited by the entry criteria. The Official Rules of this promotion will be sent free of charge to any person who requests them.

Sponsor’s computer is the official time-keeping device for the promotion.  All entries must be received during the dates and times specified in the Promotion Period.  This is a contest of skill.  Odds of winning the promotion depend on the number and quality of eligible entries received during the Promotion Period.

In order to be eligible, entrants must be: (i) at least 18 years old and the age of majority in their jurisdiction of residence; (ii) a legal resident of any one of the 50 United States (including Washington, D.C.), the United Kingdom, United Arab Emirates, the Netherlands, India, Australia, Hong Kong, Singapore, Canada (excluding Quebec) or the Republic of Ireland; and (iii) an employee or contractor of one of the Media Agencies, who has obtained consent from the Media Agency to participate; and (iv) signed up for the promotion via the Agency Publisher of the Year Award website. Employees of Sponsor and its parent and affiliate companies as well as the immediate family (spouse, parents, siblings and children) and household members of each such employee are not eligible. 

A winner will be selected for each of the three regions. The three regions are: EMEA (the United Kingdom, the Republic of Ireland, United Arab Emirates and the Netherlands), APAC (India, Australia, Hong Kong and Singapore) and North America (the United States and Canada). The winner’s agency shall be promoted as the “Agency Publisher of the Year.” The nature and scope of such promotion shall be determined by Sponsor, in its sole discretion, and may include, by way of example only, promotion through LinkedIn Marketing Solutions social media channels globally and through certain external media relations in each market. No monetary prize or other consideration shall be awarded. No substitution, assignment or transfer of the award is permitted, except by Sponsor, who has the right to replace the award with another of comparable or greater value or benefit.  

The winner selection will take place on or about December 17, 2015. Sponsor will notify winners by email, InMail or otherwise via LinkedIn.com within approximately ten (10) days following the winner selection.  Sponsor is not responsible for any delay or failure to receive notification for any reason, including inactive email or LinkedIn account(s), technical difficulties associated therewith, or winner’s failure to adequately monitor any email or LinkedIn account.  The winner must then respond to Sponsor within fourteen (14) days of being notified as a winner by Sponsor, by email or via LinkedIn, as specified by Sponsor.  Should the winner fail to respond to Sponsor, Sponsor reserves the right to disqualify that winner and select a new one based on the same judging criteria.  Winner may be required to sign an affidavit of eligibility or declaration of compliance, liability release and a publicity release that, among other things, will allow Sponsor to use the winner’s entry and name, photograph, likeness, voice, award information, LinkedIn profile information, and employment/educational information (comprising current and former job titles, employers, locations of employment, and education) (collectively, “Biographical Information”) for publicity and promotional purposes without notice or further compensation where permitted by law.  Except where prohibited, participation in the promotion constitutes entrant’s consent to Sponsor’s use of entrant’s entry and Biographical Information for promotional purposes in any media without further payment or consideration.  Please see Rule 11 below for more details on our Privacy Policy and the use of personal information.

Winner(s) of the promotion will be determined based on the following:

The object of the promotion is to create the entry that other members interact with the most on LinkedIn.com during the Promotion Period.  Because this is a contest of skill, winning the promotion is dependent on the quality and number of entries submitted.  The contest will be judged by an independent person or a panel, including at least one member who is independent of Sponsor. Promotion entries must be generally well written and will be judged according to the following criteria:

• Number of views by other members: 25%
• Number of comments by other members: 50%
• Number of likes by other members: 25%      

In the event of a tie after scoring, of the two tied entries, the judge/panel will select the entry that it thinks, in its sole discretion, best achieves the objectives of this promotion.

YOU MAY NOT view, like or comment on your own entry(IES), USE SCRIPTS, MACROS, BOTS OR SIMILAR MEANS TO VIEW, LIKE OR COMMENT ON ENTRY(IES), or ENCOURAGE ANY OTHER PERSON TO VIEW, LIKE OR COMMENT ON YOUR ENTRY(IES) BY OFFERING MONETARY OR OTHER COMPENSATION.  views, likes or comments on your own entry(IES) by YOU OR YOUR immediate family OR HOUSEHOLD MEMBERS (as determined by sponsor in its own discretion) shall not be coNSIDERED IN DETERMINING THE WINNER. 

In the event of a dispute as to the identity of any entrant, the owner of the LinkedIn account that posted the entry will be deemed to be the entrant.  Sponsor, as defined in Rule 14 below, will have the final determination in the event of an ongoing dispute as to the identity of a potential winner.

By submitting an entry for this promotion, you agree to abide by these rules and any decision Sponsor makes regarding this promotion, which Sponsor shall make in its sole discretion.  Sponsor reserves the right to disqualify and take legal action to the fullest extent permitted by law AGAINST any entrant or winner who, in Sponsor’s reasonable suspicion, tampers with Sponsor site, the entry process, violates these rules, or acts in an unsportsmanlike or disruptive manner. 

Ownership of the pre-existing underlying intellectual property of the entrant remains the property of the entrant subject to Sponsor’s rights herein.  By participating in the promotion, each entrant grants to Sponsor a non-exclusive, worldwide, fully paid UP, royalty-free, perpetual, irrevocable, transferable license to DISTRIBUTE, REPRINt, display, reproduce, perform, use, COMMUNICATE, and exPLOIT (including the right to modify or make derivative works of) the entry(ies), ENTRANT’S BIOGRAPHICAL INFORMATION and information submitted on and in connection with the promotion or receipt of the AWARD for any and all purposes in any medium (INCLUDING, WITHOUT LIMITATION, FOR THE PURPOSE OF ADMINISTERING AND PROMOTING THE PROMOTION AND WINNER THEREOF AND FOR BUSINESS, MARKETING AND ADVERTISING PURPOSES FOR THE BENEFIT OF SPONSOR).  WITHOUT LIMITING THE FOREGOING, THE ENTRY AND ENTRANT’S BIOGRAPHICAL INFORMATION MAY BE PROMOTED ON LINKEDIN MARKETING SOLUTIONS SOCIAL CHANNELS, VIA BLOG POSTS ON LINKEDIN.COM OR IN MARKETING TRADE PUBLICATIONS THROUGHOUT THE WORLD.  By participating in the promotion, you waive any and all moral rights that you may have in and to the entry with respect to the uses contemplated in these Official Rules.  If such a waiver is not permitted by law, you consent to all or any acts or omissions by the Sponsor and/or its nominees which would otherwise constitute an infringement of any moral rights which you may have in respect of your entry(ies) or any other aspect of your participation in the Promotion (including in relation to your LinkedIn page).  Such consent includes, without limitation, consent to materially alter, modify, add to and in any way change the entry(ies) or any part of it.  Each entrant hereby warrants that any entry and other materials and information provided by entrant are original with entrant and do not violate or infringe upon the copyrights, trademarks, rights of privacy, publicity, moral rights or other intellectual property or other rights of any person or entity and do not violate any rules or regulations.  If the entry(ies) or information or materials provided by entrant contain any material or elements that are not owned by entrant and/or which are subject to the rights of third parties, entrant represents and warrants he or she has obtained, prior to submission of the entry(ies) and information or materials, any and all licenses, releases and consents necessary to permit use and exploitation of the entry(ies) and information and materials by Sponsor and/or its nominee in the manner set forth in these Official Rules without additional compensation. 

Each entrant warrants that the entry(ies) and materials and information provided do not contain information considered by entrant, its employer, or any other third party to be confidential.  Entrant agrees that Sponsor has the right to verify the ownership and originality of all entries and that, upon Sponsor’s request, entrant must submit a written copy of any license, release or permission entrant has received from a third party granting entrant the right to use such property.  Entrant understands and acknowledges that in the event a submission is selected as a winning entry, and entrant’s ownership, rights and the originality of the entry cannot be verified to the satisfaction of Sponsor or is in any other way ineligible, Sponsor may select an alternate winner based on the same judging criteria.

SPONSOR MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING ANY AWARD OR YOUR PARTICIPATION IN THE PROMOTION.  BY ENTERING THE PROMOTION OR RECEIPT OF ANY AWARD, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EACH ENTRANT AGREES TO RELEASE AND HOLD HARMLESS SPONSOR AND ITS AFFILIATES AND THIRD PARTIES THAT SPONSOR WORKS WITH AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS (COLLECTIVELY, THE “RELEASED PARTIES”) FROM AND AGAINST ANY CLAIM OR CAUSE OF ACTION, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, DEATH, OR DAMAGE TO OR LOSS OF PROPERTY, ARISING OUT OF ENTRANT’S PARTICIPATION IN THE PROMOTION OR RECEIPT OR USE OR MISUSE OF ANY AWARD.  THE RELEASED PARTIES ARE NOT RESPONSIBLE FOR:  (1) ANY INCORRECT OR INACCURATE INFORMATION, WHETHER CAUSED BY ENTRANTS, 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; OR (5) 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 OR RECEIPT OR USE OR MISUSE OF ANY AWARD.  The release against death and personal injury does not apply to residents of the United Kingdom, the Republic of Ireland or Singapore, nor against death and personal injury resulting from negligence in the case of residents of Hong Kong, to the extent this is due to Sponsor’s negligence or breach of duty, or as otherwise prohibited by the laws of those respective countries.  If for any reason an entrant's entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is the right to submit another entry in the promotion during the Promotion Period.  No more than the stated number of awards will be given out.

FOR LEGAL RESIDENTS OF THE NETHERLANDS ONLY: This release shall not limit Sponsor’s liability arising out of gross negligence or willful intent.

Sponsor collects and uses the personal information you provide when you enter this promotion for the purposes of administering the promotion and award fulfillment and for publicity and promotional purposes without notice or further compensation, where permitted by law (including, without limitation, to publicly announce winners in any and all media). Sponsor also reserves the right to use any information collected in accordance with its privacy policy, which may be found at http://www.linkedin.com/static?key=privacy_policy&trk=hb_ft_priv. You have the right to request access to and correction of information held by us about you. If you wish to access or correct your personal data, please contact the Sponsor Help Center https://help.linkedin.com/app/home .   

THE PROMOTION IS GOVERNED BY, AND WILL BE CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF CALIFORNIA, AND THE FORUM AND VENUE FOR ANY DISPUTE SHALL BE IN THE COUNTY OF SANTA CLARA. IF THE CONTROVERSY OR CLAIM IS NOT OTHERWISE RESOLVED THROUGH DIRECT DISCUSSIONS OR MEDIATION, IT SHALL THEN BE RESOLVED BY FINAL AND BINDING ARBITRATION ADMINISTERED, WITHOUT RESORT TO ANY FORM OF CLASS ACTION, BY JUDICIAL ARBITRATION AND MEDIATION SERVICES, INC., IN ACCORDANCE WITH ITS STREAMLINED ARBITRATION RULES AND PROCEDURES OR SUBSEQUENT VERSIONS THEREOF (“JAMS RULES”). THE JAMS RULES FOR SELECTION OF AN ARBITRATOR SHALL BE FOLLOWED, EXCEPT THAT THE ARBITRATOR SHALL BE EXPERIENCED AND LICENSED TO PRACTICE LAW IN CALIFORNIA. ALL PROCEEDINGS BROUGHT PURSUANT TO THIS PARAGRAPH WILL BE CONDUCTED IN THE COUNTY OF SANTA CLARA, CALIFORNIA. THE REMEDY FOR ANY CLAIM SHALL BE LIMITED TO ACTUAL DAMAGES, AND IN NO EVENT SHALL ANY PARTY BE ENTITLED TO: (I) RECOVER PUNITIVE, EXEMPLARY, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, INCLUDING ATTORNEY’S FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM; (II) RESCIND THIS AGREEMENT; OR (III) SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF.

IN THE CASE OF REPUBLIC OF IRELAND RESIDENTS WHO ARE DEALING WITH SPONSOR AS CONSUMERS, THE PROVISIONS OF IRISH CONSUMER LAW (INCLUDING THE CONSUMER PROTECTION ACTS 2007 AND 2014) WILL APPLY AND THE IRISH COURTS WILL HAVE JURISDICTION TO DEAL WITH ANY CONSUMER LAW ISSUES ARISING.

Individuals may request the names of the winners by submitting a self-addressed stamped envelope within 3 months of the end of the Promotion Period to LinkedIn Corporation, Agency Publisher of the Year Promotion Winner’s List Request, 2029 Stierlin Court, Mountain View, CA 94043.  Vermont and Canadian residents may omit postage.

Sponsor of this promotion is LinkedIn Corporation, 2029 Stierlin Court, Mountain View, CA 94043.  All questions regarding this promotion should be directed by email at agencypublisher@linkedin.com.