BLOG UPDATE: Real Networks is thrilled to announce RealPlayer Cloud is now RealTimes. Read all about the exciting new product features of RealTimes.
This sweepstakes is now closed. Thank you to everyone who participated!
Use the RealPlayer Cloud app to share a video and be entered for a chance to win cool prizes! Videos might be from St. Paddy’s Day parades, runs or enjoying some green beer! You can share your video from RealPlayer Cloud to Facebook or Twitter, or send to friends via text or email.
- 1 Grand Prize: a one year RealPlayer Cloud Gold Subscription and a $500 Amazon Gift Certificate (ARV: $619.88)
- 5 Runner-Up Prizes: a one year RealPlayer Cloud Gold Subscription and a Google Chromecast (ARV: $154.88)
How to Enter:
- Download the RealPlayer Cloud app or sign-up through your PC or Mac.
- Upload a video to RealPlayer Cloud (this is super easy!).
- Share your uploaded video from RealPlayer Cloud on Facebook or Twitter, or send to friends via SMS text or email.
- Each video you share will automatically enter you into the sweepstakes. You can share and enter every day from March 13 through March 18, 2014. View the complete Sweepstakes Rules below.
- Winners will be notified through the email address used for their RealPlayer Cloud account.
Get RealPlayer Cloud now:
Sweepstakes runs March 13–18, 2014.
Available only in the US and to persons 18-years of age and older.
St. Patrick’s Day 2014 Sweepstakes Official Rules
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. SCROLL DOWN TO SECTION4.b FOR INSTRUCTIONS ON HOW TO ENTER USING THE ALTERNATIVE METHOD OF ENTRY. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING.
THE SWEEPSTAKES IS OPEN ONLY TO LEGAL RESIDENTS OF THE UNITED STATES WHO ARE OF SUFFICIENT AGE.
THESE RULES CONTAIN ARBITRATION AND DISPUTE RESOLUTION PROVISIONS THAT AFFECT THE WAY IN WHICH ANY CLAIM OR DISPUTE BETWEEN YOU AND REALNETWORKS WILL BE RESOLVED. SCROLL DOWN TO SECTION 11 TO SEE THE ARBITRATION AND DISPUTE RESOLUTION PROVISIONS.
1. Eligibility: The St. Patrick’s Day 2014 Sweepstakes (the “Sweepstakes”) is open only to legal residents of the United States who are at least eighteen (18) years old at the time of entry. Employees of Real Networks, Inc. and their 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. The Sweepstakes is subject to all applicable federal, state, and local laws and regulations and is void where prohibited. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor and Administrator’s decisions, which are final and binding in all matters related to the Sweepstakes. Winning a prize is contingent upon fulfilling all requirements set forth herein.
2. Sponsor and Administrator: Real Networks, Inc., 1501 1stAvenue South, Seattle WA 98134. (“RealNetworks”).
3. Timing: The Sweepstakes begins on March13, 2014 at 12:01 a.m. Eastern Time (“ET“) and ends on March 18, 2014 at 11:59 p.m. ET (the “Promotion Period“). RealNetworks’ computer is the official time-keeping device for the Sweepstakes.
4. How to Enter: NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. Any purchase will not improve a person’s chance of winning. There are two (2) ways to enter the Sweepstakes:
Use the RealPlayer Cloud app to share a video: During the Promotion Period, if you have not already downloaded RealPlayer Cloud visit real.com, the iTunes App Store, Amazon App Store for Android, or Google Play to download RealPlayer Cloud and follow the instructions to authorize the application; provide the permissions, if any, requested by the provider of the platform on which you access RealPlayer Cloud (e.g. Apple, or Google). Then, just upload and share a video using RealPlayer Cloud with anyone or everyone, by e-mail, SMS, or on Facebook or Twitter, and you will be automatically entered. Share as many videos as you like. Any attempt by any entrant to obtain more than the stated number of entries by using multiple/different email addresses, identities, registrations and logins, or any other methods will void that entrant’s entries and that entrant may be disqualified. Use of any automated system to participate is prohibited and will result in disqualification. In the event of a dispute as to any registration, the authorized account holder of the email address used to register will be deemed to be the entrant. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Each potential winner may be required to show proof of being the authorized account holder.
Enter Without Sharing: During the Promotion Period, you may write to enter the St. Patrick’s Day 2014 Sweepstakes at the address below. Sweepstakes eligibility will be based on date the write-in entry is postmarked. Just mail each entry separately. We do not accept entries from a third party or entries sent in bulk. Hand print the following on a 3″ x 5″ card:
City, state, ZIP code
Daytime and evening telephone numbers (including area code)
Mail the card inside a #10 envelope addressed to:
RealPlayer Cloud St. Patrick’s Day
1501 1stAvenue South, Seattle, WA 98134
Mail-in entries must be postmarked 3/18/14 or earlier, and received on 3/31/14 or earlier to be considered for the daily drawings. You may enter as many times as you like, but each entry must be mailed separately.
5. Prize Drawings: RealNetworks’ decisions as to the administration and operation of the Sweepstakes and the selection of the potential winners are final and binding in all matters related to the Sweepstakes. RealNetworks will randomly select winners from all eligible entries received during the Promotion Period. The potential winners will be notified by email. Except where prohibited, the potential winners will be required to sign and return a Declaration of Compliance, Liability and Publicity Release (“Declaration”) which must be received by RealNetworks, within five (5) days of the date notice or attempted notice is sent, in order to claim his/her prize. If a potential winner of any prize cannot be contacted, fails to sign and return the Declaration or provide any other requested information, within the required time period (if applicable), or the prize is returned as undeliverable, the potential winner forfeits his/her prize. Receiving a prize is contingent upon compliance with these Official Rules. In the event that a potential winner is disqualified for any reason, RealNetworks will award the applicable prize to an alternate winner by random drawing from among all remaining eligible entries. Only three (3) alternate drawings will be held, after which the prize will remain un-awarded. Prizes will be fulfilled approximately 8-10 weeks after the conclusion of the Sweepstakes.
6. Prizes: SIX (6) PRIZES: One (1) $500 gift card to Amazon, with a RealPlayer Cloud Gold Subscription for one year, ARV: $619.88, and five (5) Google Chromecasts, each with a one year RealPlayer Cloud Gold Subscription, ARV: $154.88.
Amazon.com is not a sponsor of this promotion. Except as required by law, Amazon.com Gift Cards (“GCs”) cannot be transferred for value or redeemed for cash. GCs may be used only for purchases of eligible goods on Amazon.com or certain of its affiliated websites. For complete terms and conditions, see www.amazon.com/gc-legal. GCs are issued by ACI Gift Cards, Inc., a Washington corporation. ©,®,™ Amazon.com Inc. and/or its affiliates, 2014. No expiration date or service fees.
For All Prizes: Terms and conditions of gift cards apply. Prizes are non-transferable and no substitution will be made except as provided herein at the RealNetworks’ sole discretion. RealNetworks reserves the right to substitute a prize for one of equal or greater value if the designated prize should become unavailable for any reason. Winners are responsible for all taxes and fees associated with prize receipt and/or use. Limit: One (1) Prize per person. Total ARV of all prizes: $774.76.
7. Odds of Winning. Odds of winning a prize will depend on the number of eligible entries received during the Promotion Period.
8. Release: By receipt of any prize, winners agree to release and hold harmless RealNetworks, RealNetworks, Facebook, Inc., Apple, Inc., Google, Inc., Twitter, Inc., Amazon.com, Inc., and their respective subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and prize suppliers, and each of their respective parent companies and each such company’s 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 participation in the Sweepstakes or receipt or use or misuse of any prize.
9. General Conditions: RealNetworks reserves the right to cancel, suspend and/or modify the Sweepstakes, or any part of it, if any fraud, technical failures, human error or any other factor impairs the integrity or proper functioning of the Sweepstakes, as determined by RealNetworks in its sole discretion. In such event, RealNetworks, in its sole discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any or all of the prizes offered herein. RealNetworks 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 Sweepstakes or to be acting in violation of the Official Rules of this or any other promotion or in an unsportsmanlike, fraudulent, deceptive, or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil law, and, should such an attempt be made, RealNetworks reserves the right to seek damages from any such person to the fullest extent permitted by law. RealNetworks’ failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
10. Limitations of Liability: 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 Sweepstakes; (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 Sweepstakes; (4) technical or human error which may occur in the administration of the Sweepstakes or the processing of entries; (5) late, lost, undeliverable, damaged or stolen mail; or (6) 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 Sweepstakes or receipt or use or misuse of any prize. 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 another entry in the Sweepstakes, if it is possible. No more than the stated number of prizes will be awarded. In the event that production, technical, seeding, programming or any other reasons cause more than the stated number of prizes as set forth in these Official Rules to be available and/or claimed, RealNetworks reserves the right to award only the stated number of prizes by a random drawing among all legitimate, un-awarded, eligible prize claims.
11. Arbitration and Dispute Resolution:
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS THE WAY IN WHICH ANY CLAIM OR DISPUTE BETWEEN YOU AND THE REALNETWORKS IS RESOLVED.
i. Process. If you have a claim or dispute arising directly or indirectly out of or related to the Sweepstakes that has not been resolved to your satisfaction by contacting customer service, you agree to notify the RealNetworks or RealNetworks through the Informal Claim Resolution Process described below. If the claim or dispute you have remains unresolved after the Informal Claim Resolution Process (or if the RealNetworks is unable to resolve a claim or dispute it has with you), then all parties agree to resolve the claim or dispute through binding arbitration or small claims court (or its equivalent), rather than in courts of general jurisdiction, as described in the Formal Claim Resolution Process section below.
ii. Arbitration. IN ARBITRATION, A CLAIM OR DISPUTE IS RESOLVED BY A NEUTRAL ARBITRATOR, RATHER THAN A JUDGE OR JURY. ALL PARTIES UNDERSTAND THAT WE ARE CHOOSING TO RESOLVE ANY CLAIM OR DISPUTE THROUGH ARBITRATION, AND THE RIGHT WE MAY HAVE HAD TO LITIGATE A CLAIM OR DISPUTE IN COURT IS BEING WAIVED.
iii. No Class Action or Consolidated Proceedings. ANY ARBITRATION THAT OCCURS WILL TAKE PLACE ON AN INDIVIDUAL BASIS. CLASS ARBITRATIONS, CLASS ACTION SUITS OR CONSOLIDATED PROCEEDINGS ARE NOT PERMITTED AS A WAY TO RESOLVE ANY CLAIM OR DISPUTE.
iv. Scope. This agreement to arbitrate claims and disputes is intended to be broad and includes, without limitation, (A) claims or disputes relating to any aspect of the Sweepstakes, whether based in contract, tort, statute or any other legal theory, (B) claims or disputes directly or indirectly arising from conduct or events that occurred prior to the effective date of these Rules (including, without limitation, claims relating to advertising), or after its termination, (C) claims or disputes subject to class action litigation in which you are not currently a member of a certified class, and (D) claims or disputes with any agent, employee, successor or assign of you, the RealNetworks, or the RealNetworks (all such claims and disputes are referred to collectively as “Claims”). This agreement to arbitrate does not, however, include Claims pertaining to intellectual property rights, as described more fully in Paragraph 11(c)(x) below.
b. Informal Claim Resolution Process:
i. Initiate Informal Claim. If you believe a Claim has not been resolved to your satisfaction by the RealNetworks’ or RealNetworks’ customer service team (which can be reached by telephone Monday through Friday, 8:00 a.m. through 5:00 p.m. Pacific Time, at 1-866-420-5780), you may start the Informal Claim Resolution Process by e-mailing CS-Management@realnetworks.com to receive a Notice of Dispute form to complete and return to RealNetworks. A representative will then contact you and attempt to assist in the resolution of your Claim. If RealNetworks seeks to resolve a Claim it has with you, we will start the Informal Claim Resolution Process by emailing a copy of the Notice to the email address you have on file with us.
ii. Waiting Period. No party may start the Formal Claim Resolution Process until at least sixty days have passed since the Informal Claim Resolution Process was begun; provided, however, either party may seek interim injunctive relief in a case involving intellectual property, as described in Paragraph 11(c)(x) below, at any time before or after the Informal Claim Resolution Process has begun.
c. Formal Claim Resolution Process:
i. Arbitration under the FAA. If a Claim is not resolved through the Informal Claim Resolution Process described above, the Claim must then be submitted to binding arbitration. This agreement to arbitrate is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act (“FAA”).
ii. AAA Rules and Initiation. The arbitration will be administered by the American Arbitration Association (“AAA”), and will follow the rules and procedures set forth in (A) the AAA’s Commercial Arbitration Rules and (B) if applicable based on the nature of the Claim and the parties, the AAA’s Supplementary Procedures for Consumer-Related Disputes in effect at the time the Formal Claim Resolution Process begins (collectively, “AAA Rules”). The arbitrator is bound by the terms of this Dispute Resolution section. If there is a conflict between any term of the AAA Rules and a term of this Dispute Resolution section, then the term of this Dispute Resolution section shall govern. The AAA Rules, along with the forms and instructions needed to initiate an arbitration, are available online at www.adr.org or by telephoning the AAA at 1-800-778-7879. An arbitration case can be initiated online at www.adr.org.
iii. Issues for Arbitrator. All issues regarding a Claim are for the arbitrator to decide, except that any issues relating to the interpretation and enforcement of these arbitration provisions (including the interpretation and enforceability of the Class Action Waiver described below) will be decided by a court and not by an arbitrator.
iv. Location. Unless RealNetworks and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your primary residence.
v. Process. If your Claim is for $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your Claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules.
vi. Fees. Except as provided below, RealNetworks will pay all AAA filing, administration, and arbitrator fees for any arbitration initiated in accordance with the Formal Claim Resolution Process (collectively, “Arbitration Fees”). However, if the arbitrator finds that either the substance of the Claim or the relief being sought is frivolous or the Claim was brought for an improper purpose (as determined under the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of Arbitration Fees will be governed by the AAA Rules, and you will be required to reimburse RealNetworks for any amounts disbursed by it that are determined to be your obligation to pay.
vii. Award; Costs. The arbitrator can award any remedies that could be awarded by a court of law or equity, and the award shall be final and binding on the parties and may be entered as a judgment in court. Each party will bear the cost of its own attorneys, experts, witnesses and other expenses; provided, however, that if the arbitrator finds in your favor with respect to a Claim and issues you an award that is greater than the value of RealNetworks’ last written settlement offer made to you before the arbitrator was selected, then: (a) RealNetworks will pay you the greater of (i) the amount of the award or (ii) $7,500 (“Minimum Payment”); plus (b) if you have employed an attorney to assist you in the arbitration of your Claim, RealNetworks will (i) pay twice the amount of the attorney’s reasonable fees (but in no event greater than $20,000), and (ii) reimburse any documented out-of-pocket expenses that the attorney reasonably accrued for investigating, preparing and pursuing the Claim in arbitration (“Attorney Payment”). If RealNetworks did not make a written offer to settle the Claim before an arbitrator was selected, you will be entitled to receive the Minimum Payment and the Attorney Payment if the arbitrator awards you any relief on your Claim.
viii. Additional Arbitrator Decisions. The arbitrator can resolve disputes as to the payment and reimbursement of Arbitration Fees and the amount of any Minimum Payment or Attorney Payment at any time during the arbitration proceeding or upon request by either party made within 14 days after the arbitrator’s ruling on the merits of the Claim.
ix. Attorneys’ Fees. The right to the Attorney Payment supplements the right to attorneys’ fees you might have under applicable law. That is, if you would be entitled to a larger amount of attorneys’ fees under applicable law, the Attorney Payment provision does not preclude the arbitrator from awarding you that amount; provided, however, that you may not recover duplicative awards of attorneys’ fees or costs. RealNetworks will be entitled to an award of its attorneys’ fees and expenses in the arbitration only if the arbitrator determines that RealNetworks would be entitled to such relief under applicable law were the Claim to have been resolved in court.
x. Individual Relief Only. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.
xi. Class Action Waiver. YOU AND REALNETWORKS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER FOR ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, INCLUDING THE GENERAL PUBLIC OR OTHER PERSONS SIMILARLY SITUATED TO YOU. FURTHER, UNLESS BOTH YOU AND REALNETWORKS AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON OR ENTITY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE, CLASS OR CONSOLIDATED PROCEEDING. The foregoing agreements and waivers are referred to herein collectively as the “Class Action Waiver.” The parties agree that the Class Action Waiver is a material term of and nonseverable from the Dispute Resolution section. If the Class Action Waiver is found to be unenforceable, then the entire Dispute Resolution section (other than Paragraphs 11(c)(xi) (Applicable Law) and 11(c)(xii) (Jurisdiction) below) shall be null and void.
xii. No Jury; Status. No Claim submitted to arbitration may be heard by a jury, nor may a Claim be brought in the capacity of a “private attorney general.”
xiii. Future Changes to Agreement. Notwithstanding any provision in the Agreement to the contrary, we agree that if RealNetworks makes any future material change to this Dispute Resolution section, you may reject any such change by emailing us notice within 30 days of the change to firstname.lastname@example.org. If you reject any such change, you are nevertheless agreeing that you will resolve any Claim in accordance with the terms of this Dispute Resolution section as written without such change.
xiv. Intellectual Property Disputes; Small Claims Court. Notwithstanding any provision in this Dispute Resolution section to the contrary, (A) a Claim involving intellectual property rights (including, without limitation, patent rights, copyrights, trademarks, service marks or trade secrets) may only be decided by the United States District Court for the Eastern District of Michigan (Southern Division) or the appropriate Michigan State Court located in Oakland County, Michigan, and (B) if your Claim is not resolved during the Informal Claim Resolution Process, after the waiting period in Paragraph 11(b)(ii) you may pursue the Claim in small claims court or its equivalent (provided the Claim is for less than the claim limit for such court) rather than arbitrate so long as such court retains jurisdiction over the Claim and such Claim is being made solely on your behalf and not on behalf of anyone else. If the Claim is transferred or appealed to a different court at any time, RealNetworks reserves the right to elect to have the Claim resolved by arbitration as provided above.
xv. Applicable Law. Any disputes arising directly or indirectly out of or related in any way to the Agreement, the Materials, Services or Software or your use of the Materials, Services or Software shall be governed by the laws of the State of Michigan (without regard to its choice of law rules and without regard to conflicts of laws principles) and by the FAA.
xvi. Jurisdiction. YOU AND REALNETWORKS AGREE THAT ALL ACTIONS OR PROCEEDINGS COGNIZABLE IN COURT IN ACCORDANCE WITH THE TERMS OF THIS DISPUTE RESOLUTION SECTION THAT ARISE DIRECTLY OR INDIRECTLY OUT OF OR RELATED TO THE SWEEPSTAKES SHALL TAKE PLACE IN THE STATE AND FEDERAL COURTS OF OAKLAND COUNTY IN THE STATE OF MICHIGAN. EACH PARTY HEREBY EXPRESSLY SUBMITS AND CONSENTS IN ADVANCE TO SUCH JURISDICTION AND WAIVES ANY CLAIM THAT THESE COURTS ARE AN INCONVENIENT OR IMPROPER FORUM. ALL ACTIONS OR PROCEEDINGS SEEKING TO COMPEL COMPLIANCE WITH THE TERMS OF THE DISPUTE RESOLUTION SECTION, INCLUDING ACTIONS SEEKING TO STAY PROCEEDINGS PENDING RESOLUTION OF CLAIMS IN ACCORDANCE WITH THE ARBITRATION AND OTHER REQUIREMENTS OF SAID SECTIONS, AND THE CONFIRMATION, MODIFICATION OR VACATION OF ANY AWARD, SHALL BE SUBJECT TO THE FOREGOING JURISDICTION PROVISIONS.
xvii. No Preclusive Effect. No award or finding or stipulation of fact by the arbitrator will have any preclusive or collateral estoppel effect in any other arbitration or court, unless it involves the exact same parties.
xviii. Severability. With the exception of Paragraph 3(c)(vii) (Class Action Waiver) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable or illegal provision were not contained herein.
13. Winner List: For a winner list, visit http://www.real.com/resources/stpattysdaypromo2014. The winner list will be posted after winner confirmation is complete.
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