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    Back to ECN Terms of Use > Promotions Guidelines

    ECN Promotions Guidelines

    Effective May 1, 2010:

    These Promotions Guidelines govern the publicizing or administering of any sweepstakes, contest, competition or other similar offering (each, a "promotion") on ECN by you. For clarity, a "sweepstakes" is a promotion that includes a prize and a winner selected on the basis of chance. A "contest" or "competition" is a promotion that includes a prize and a winner determined on the basis of skill (i.e., through judging based on specific criteria). Publicizing a promotion on ECN means promoting, advertising or referencing a promotion in any way on ECN or using any part of the ECN Platform. This may include, for example, in ECN advertising inventory, on a ECN Page, or through a status update. Administering a promotion on ECN means operating any element of the promotion on ECN or using any part of the ECN Platform. This may include, for example, collecting submissions or entries, conducting the drawing, judging winning entries, or notifying winners. By publicizing or administering the promotion in any way on ECN or using any part of the ECN Platform, you agree to these Promotions Guidelines.

    1. General

      1. Without limiting any provision set forth herein, you acknowledge and agree that you are responsible for ensuring that any promotion and the administration, advertising, publicizing and fulfillment of such promotion complies with all applicable federal, state, provincial and local laws and applicable regulatory and industry rules, regulations and guidelines.

      2. You are fully and solely responsible and liable for your promotion, including, without limitation, every element of publicizing or administering a promotion on ECN or using any part of the ECN Platform, even if ECN authorizes a promotion to be publicized or administered on ECN or using any part of the ECN Platform.

      3. You will not in any way use our name, trademarks, trade names, copyrights, or any other of our intellectual property in the rules or any other materials relating to the promotion, without express written consent.

      4. The promotion and any publicity associated with the promotion must be true and accurate, and cannot mislead, deceive or otherwise misrepresent the prize or any other aspect of the promotion.

    2. Prohibitions

      You may not publicize or administer a promotion on ECN if:

      1. The promotion is open or marketed to individuals who are under the age of 18;

      2. The promotion is open to individuals who reside in a country embargoed by the United States;

      3. The promotion, if a sweepstakes, is open to individuals residing in Belgium, Norway, Sweden, or India;

      4. The promotions objective is to promote any of the following product categories: gambling, tobacco, firearms, prescription drugs, or gasoline;

      5. The prize or any part of the prize includes alcohol, tobacco, dairy, firearms, or prescription drugs; or

      6. The promotion is a sweepstakes that conditions entry upon the purchase of a product, completion of a lengthy task, or other form of consideration.

    3. Administering a Promotion through the ECN Platform

      You may not administer any promotion through ECN, except that you may administer a promotion through the ECN Platform with our prior written approval. Such written approval may be obtained only through an account representative at ECN. If you are already working with an account representative, please contact that representative to begin the approval process. If you do not work with an account representative, you may contact us to inquire about working with an account representative. If we provide you such approval, you agree to the following:

      1. You will only administer the promotion through an application on the ECN Platform, as directed by us.

      2. You will include the following language in a clear and conspicuous manner adjacent to any promotion entry field: "This promotion is in no way sponsored, endorsed or administered by, or associated with, ECN. You understand that you are providing your information to [recipient(s) of information] and not to ECN. The information you provide will only be used for [disclose any way that you plan to use the user's information]."

      3. You will not mention ECN in the promotion's rules except in the following ways: (i) "You can enter the Promotion through the [application name] application on the ECN Platform.

      4. You will designate an individual to act as a primary contact to address any communications from us with respect to the promotion.

      5. You must submit materials for any promotion you plan on administering through the ECN Platform to your account representative for our review and approval at least 7 days prior to the start date of such promotion. Promotions not approved in writing within such time period will be deemed unapproved.

      6. You will include the following provisions within your official rules for the promotion:

      7. Acknowledgement that the promotion is in no way sponsored, endorsed or administered by, or associated with, ECN.

      8. Complete release for us from each entrant or participant.

      9. Any questions, comments or complaints regarding the promotion will be directed to you, not us.

    4. Publicizing a Promotion on ECN

      You do not need our prior written approval if you are publicizing a promotion that is administered completely off of ECN. However, we may remove any materials relating to the promotion or disable your Page or account if we determine that you violate these Promotions Guidelines, our Terms of Use or any other of our policies. If you publicize a promotion in any way on ECN, in addition to the other terms and conditions contained in these Promotion Guidelines, without limiting your other obligations you agree to the following:

      1. You will not directly or indirectly indicate that ECN is a sponsor or administrator of the promotion or mention ECN in any way in the rules or materials relating to the promotion.

      2. In the rules of the promotion, or otherwise, you will not condition entry to the promotion upon taking any action on ECN, for example, updating a status, posting on a profile or Page, or uploading a photo. You may, however, condition entry to the promotion upon becoming a fan of a Page.

    5. Indemnification

      You will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) for any claim related to the promotion including without limitation the publicity or administration thereof.

    6. ECN Rights

      1. We may modify these Promotion Guidelines at any time without notice to you. You will be subject to the most current version of these Promotion Guidelines then in effect.

      2. All decisions regarding promotions on ECN or using the ECN Platform shall be determined by us in our sole discretion.

      3. We reserve the right to review promotion rules and promotional copy at anytime but we are under no obligation to do so. Our approval of rules or materials related to the promotion does not relieve you of any obligations in these Promotions Guidelines.

      4. We may remove any materials related to a promotion at any time, regardless of whether the promotion was approved, where we determine the continued marketing or administration of such promotion may be unlawful under applicable laws, rules, regulations or guidelines or may cause unreasonable liability for us.

      Please Note: You further acknowledge that compliance with these guidelines does not imply compliance with all applicable rules, regulations and laws. You are responsible for compliance with the foregoing and obtaining necessary counsel in connection therewith. In the event these Promotions Guidelines are inconsistent with the ECN Terms of Use, the terms of the Promotions Guidelines will control.

      Below we have provided a few examples to help you understand how to apply Section 3 of the Promotion Guidelines:

      You cannot: Condition entry in the promotion upon a user providing content on ECN, such as making a post on a profile or Page, status comment or photo upload.

      You can: Use a third party application to condition entry to the promotion upon a user providing content. For example, you may administer a photo contest whereby a user uploads a photo through a third-party application to enter the contest.

      You cannot: Administer a promotion that users automatically enter by becoming a fan of your Page.

      You can: Only allow fans of your Page to access the tab that contains the third-party application for the promotion.

      You cannot: Notify winners through ECN, such as through ECN messages, chat, or posts on profiles or Pages.

      You can: Collect an address or email through the third-party application for the promotion in order to contact the winner by email or standard mail.

      You cannot: Instruct people (in the rules or elsewhere) to sign up for a ECN account before they enter the promotion.

      You can: Instruct users to visit the third-party application to enter the promotion (as described in Section 3). Since users must have a ECN account in order to access an application on the ECN Platform, if you give this instruction, they will be prompted to sign up for a ECN account if they do not already have one.

      This Promotions Guidelines Agreement was last modified on the date indicated above and is effective immediately.

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