OFFICIAL TERMS & CONDITIONS

2008 Elsevier’s Reviewers’ Update Win an iPod Prize Draw / Official Rules.

NO PURCHASE NECESSARY TO ENTER OR WIN. A purchase will not increase your chances of winning.

Introduction. The Elsevier Reviewers’Update Win an iPod Nano or Touch Prize Draw Promotion  (“Prize Promotion”) is sponsored by Elsevier BV., Radarweg 29, 1043 NX Amsterdam,  The Netherlands ("Sponsor").

1. Timing. The Prize Promotion begins Tuesday, June 24, 2008 at 9.00 a.m. Central European Time (“CET”) and runs until Wednesday, September 30, 2009 at 11.59 p.m. CET (“Promotion Period"). Sponsor’s servers and clock shall serve as the official clock for the Prize Promotion. 

2. Eligibility. Entrants may be subject to rules imposed by their institution relative to their participation in trade promotions and should check with their institution for any relevant policies. Subject to all relevant federal, state and local laws and regulations. VOID WHERE PROHIBITED. Employees, officers and directors of Sponsor, its parent, subsidiary and affiliated companies, and their advertising and promotion agencies, internet sites and other media used to promote the Prize Promotion, as well as the immediate family (defined as parents, spouse, children, siblings and grandparents) and household members of each such employee, officer or director not eligible to enter. By participating, entrant agrees to abide by these Official Rules and the decisions of Sponsor, which are final and binding in all respects.

3. How to Enter. Complete in its entirety and submit the online registration form at http://mail.elsevier-alerts.com/go.asp?/.leadcapture.eesreviewer.subscribe/bEES001 ("Sponsor’s Web Site"). Registrations must be submitted prior to the close of the Promotion Period to be eligible. Sponsor will not provide verification of receipt of entries. Automated entries are prohibited and any use of such devices will cause disqualification. Prize Promotion entries are the property of Sponsor and will not be returned. Proof of submission will not be deemed to be proof of receipt by Sponsor.

4. LIMIT: ONE ENTRY PER PERSON.

5. Selection of Winners. One (1) winner will be selected every quarter until further notice regardless of which quarter the registration was submitted. On or about Monday, October 20, 2008, one (1) potential winner will be selected by Sponsor in a random drawing from all eligible entries from the registrations submitted June 24, 2008 until September 30, 2008. This winner’s name will be removed from the list of eligible entries. On or about Monday, January 12, 2009, one (1) potential winner will be selected by Sponsor in a random drawing from all of the remaining eligible entries from the registrations submitted June 24, 2008 until December 31, 2008. This winner’s name will be removed from the list of eligible entries. On or about Monday, April 13, 2009, one (1) potential winner will be selected by Sponsor in a random drawing from all of the remaining eligible entries from the registrations submitted June 24, 2008 until March 31, 2009. This winner’s name will be removed from the list of eligible entries. On or about Monday, July 13, 2009, one (1) potential winner will be selected by Sponsor in a random drawing from all of the remaining eligible entries from the registrations submitted June 24, 2008 until June 30, 2009. This winner’s name will be removed from the list of eligible entries. On or about Monday, October 12, 2009, one (1) potential winner will be selected by Sponsor in a random drawing from all of the remaining eligible entries from the registrations submitted June 24, 2008 until September 30, 2009. Each entrant selected ("Potential Winner") must be in compliance with all terms and conditions of these Official Rules to be awarded a Prize. Potential Winners will be notified by e-mail and/or telephone number, as relevant, promptly after drawing. Potential Winners will be required to execute affidavits of eligibility and a liability/publicity release. Executed affidavits and releases must be returned within fifteen (15) days of date of notification. If the Affidavit and release is not received within fifteen (15) days, the Potential Winner will be disqualified, the Prize will be forfeited, and an alternate Potential Winner will be chosen. Odds of winning depend on number of eligible entries received. In the event of a dispute as to the identity of any entrant, the authorized account holder of the e-mail address and/or telephone number, as relevant, used to enter will be deemed to be the entrant. At the sole discretion of Sponsor, potential winners may be required to show proof of being the authorized account holder. The "authorized account holder" is the natural person assigned an e-mail address and/or telephone number, as relevant, by an Internet access provider, online service provider, wireless carrier or other organization responsible for assigning such email address and/or telephone number.

6. Prizes. One (1) prize per quarter will be awarded. Each quarter there will be one (1) winner, whom shall receive one (1) Apple® iPod® nano and nano accessory or touch digital device (Approximate retail price Euro 185.00 / US $229.00) ("Prize"), shipped by Sponsor via CET or US Mail within thirty (30) days of receipt of a duly executed affidavit of eligibility and liability/publicity release.

7. Additional Terms and Conditions Governing Prize: Sponsor and Prize Promotion entities assume no responsibility for cancellation due to labor strike, industry conditions, commercial viability, or any other cause. No Prize substitution, cash redemption, transfer, or assignment of Prize is permitted, except by the Sponsor for reason of unavailability, in which a prize of equal or greater value will be awarded. All taxes (including without limitation Federal, state, and local taxes) on or in connection with the Prizes, and the reporting consequences thereof, are the sole and exclusive responsibility of Winners. All federal, state and local laws and regulations apply.

8. Publicity. Except where prohibited, acceptance of a prize constitutes consent on the part of each Winner to Sponsor's use of Winner's name, likeness, photograph, institutional affiliation, address (city and state) for advertising, publicity and promotional purposes in any media without further consent, payment, or other consideration.

9. General Conditions. Sponsor reserves the right to cancel or modify the Prize Promotion if fraud, technical failures or any other factor beyond Sponsor's reasonable control impairs the integrity of the Prize Promotion, as determined by Sponsor in its sole discretion. In such event, Sponsor reserves the right to award the prize at random from among the eligible entries received up to the time of the impairment. Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Prize Promotion, or to be acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately damage Sponsor's Web Site or undermine the legitimate operation of the Prize Promotion may constitute a violation of criminal and civil laws and, should such an attempt be made, Sponsor reserves the right to seek compensatory and punitive damages from any such person to the fullest extent permitted by law. Sponsor's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.

10. RELEASE. BY RECEIPT OF SPONSOR'S PRIZE PROMOTION PRIZE, EACH WINNER AGREES TO RELEASE AND HOLD HARMLESS SPONSOR, ITS PARENT, SUBSIDIARY AND AFFILIATE COMPANIES, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND ASSIGNS FROM AND AGAINST ANY AND ALL LIABILITY WHATSOEVER FOR ANY CLAIM, COSTS, LOSSES, LIABILITIES, DAMAGES OR CAUSE OF ACTION ARISING OUT OF PARTICIPATION IN THE PRIZE PROMOTION OR RECEIPT OR USE OF ANY PRIZE.

11. Limitations of Liability. Neither Sponsor, its parent, subsidiary and affiliate companies, nor its advertising and promotion agencies shall be responsible for: (1) incorrect or inaccurate transcription of entry information or late, lost, stolen, illegible, incomplete, or misdirected entries, or entries received through impermissible or illegitimate channels, all of which will be disqualified; (2) technical failures of any kind, including, but not limited to, the malfunctioning of any telephone, computer, network, hardware or software; (3) the unavailability or inaccessibility of any service; (4) unauthorized human intervention in any part of the entry process of the Prize Promotion; (5) electronic or human error which may occur in the administration of the Prize Promotion or the processing of entries; or (6) any injury or damage to persons or property, including, but not limited to, entrant's computer, which may be caused, directly or indirectly, in whole or in part, from entrant's participation in the Prize Promotion or from downloading any material from Sponsor's Web Site, regardless of whether the material was prepared by Sponsor, or a third party, and regardless of whether the material is connected to Sponsor's Web Site by a hypertext link. IN NO EVENT WILL THE SPONSOR OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR ASSIGNS BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, ARISING OUT OF ANY ACCESS TO AND/OR USE OF THE SPONSOR’S WEB SITE, THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM THE SPONSOR’S WEB SITE, THE REMOVAL FROM THE SPONSOR’S WEB SITE OF, OR DISCONTINUATION OF ACCESS TO, ANY MATERIALS, OR THE ACCEPTANCE, POSSESSION, USE, OR MISUSE OF, OR ANY HARM RESULTING FROM THE ACCEPTANCE, POSSESSION, USE OR MISUSE OF, OR PARTICIPATION IN, ANY PRIZE AWARDED IN CONNECTION WITH THE PRIZE PROMOTION. WITHOUT LIMITING THE FOREGOING, THE PRIZE PROMOTION, ALL PRIZES, AND ALL MATERIALS PROVIDED ON OR THROUGH THE SPONSOR’S WEB SITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

12. Disputes. By entering the Prize Promotion, each entrant expressly agrees that: (1) any and all disputes, claims, and causes of action arising out of or connected with the Prize Promotion or any prizes awarded shall be governed solely by Dutch laws, shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate Dutch Court located in The Netherlands; (2) any and all claims, judgments and awards shall be limited only to actual out-of-pocket costs directly and proximately incurred by entering the Prize Promotion and specifically shall exclude any other costs and/or alleged damages not arising out of actual out-of-pocket costs directly and proximately incurred by entering Prize Promotion including, but not limited to, attorneys' fees, costs of litigation; and (3) Entrant hereby waives all rights, claims, and causes of action for exemplary, punitive, incidental, and consequential damages except as provided herein. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant, and Sponsor in connection with the Prize Promotion, shall be governed by, and construed in accordance with, Dutch laws, without giving effect to any choice of law or conflict of law rules, which would cause the application of the laws of any jurisdiction other than The Netherlands.

13. Consent to Use of Personal Data. Submission of entry constitutes consent for Sponsor to use entrant’s e-mail address or telephone number, as relevant, and other submitted contact information for purposes of marketing and promotion of Sponsor’s products and services to entrant.

14. Non-Endorsement. The use of any non-Sponsors' registered trademarks, service marks, logos, or other marks in connection with Prize Promotion or any Prize is not intended by Sponsor to imply the endorsement of the respective owner(s) of such marks, or any affiliation of the respective owner(s) of such marks with the Sponsor’s Web Site or the Prize Promotion

15. Trademarks. Apple® and iPod® are registered trademarks of Apple Inc. Other trademarks referenced herein are the property of their respective owners.

16. Severability. If any provision of these Official Rules is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Official Rules and shall not affect the validity and enforceability of any remaining provisions.

17. Headings. Headings and captions are used in these Official Rules solely for convenience of reference, and shall not be deemed to affect in any manner the meaning or intent of these Official Rules or any provision hereof.

Terms and Conditions | Privacy Policy | Copyright © 2008 Elsevier BV. All Rights Reserved.