Official Writing Contest Rules

D. G. FLAMAND VIOLENCE-FREE WRITING CONTEST
P.O. Box 1003 Lake Isabella, CA 93240

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Official Contest Rules

1. Winners. Winners of the D. G. Flamand Violence-Free Writing Contest are selected by personal review of entrants’ submissions of their manuscripts, and are judged by D. G. Flamand in its sole opinion as to their merit, both in terms of story-lines and in incorporating the ideals of a violence-free world. Winners will be notified by mail, email, and/or phone.

2. Submissions. By submitting a manuscript to D. G. Flamand, entrants agree to be bound by the provisions of these Official Rules. Manuscripts, unfortunately, will not be returned.

3. Copyright. Each entrant warrants and represents that he/she is the sole creator of the submitted manuscript, and has the exclusive right to use the manuscript and its copyrights, free and clear of all liens, encumbrances, licenses, or claims of any nature, and has made no agreement with respect to the manuscript or the copyrights that is in conflict with these Official Rules.

4. Eligibility. Contests are open to all including to those who are not yet eighteen (“minors”), providing that their respective parent/guardian agrees in writing to be personally bound by the Official Rules on behalf of their minor children. Employees of D.G. Flamand and their immediate families are not eligible. This contest is void where prohibited. Participation constitutes entrant’s full and unconditional agreement to these official rules and sponsor’s decisions, which are final and binding in all matters related to this contest. Winning a prize is contingent upon fulfilling all requirements set forth herein. No purchase is necessary to win.

5. Prizes. First Place Winner will receive $200, Second Place Winner will receive $100.00, and the third place winner will receive $50.00. Also, all winners will receive an autographed copy of the first book of the series Tommy and the Magic Dictionary titled Tommy and the Butterflies by D. G. Flamand.

6. Term. Only one set of winners will be selected during each period a contest runs. A contest may be discontinued at any time and for any reason without notice. Contest commencement date will be announced on D. G. Flamand’s website at http://dgflamandbooks.com.

7. Odds of Winning. Odds of winning a prize depend on the number of eligible entries received during the promotion period. Winners are eligible for entry in subsequent months. Purchasing products from D.G. Flamand’s website will not improve your chances of winning.

8. Release. Entrants agrees to release, indemnify and hold harmless D.G. Flamand, its staff and affiliates and any additional sponsors and each of their respective parent companies, and each such company’s officers, directors, employees and agents (collectively, the “Released Parties”) from and against all claims, liabilities and expenses asserted by third parties (including reasonable attorneys expenses) to the extent arising out of any breach by entrants of these Official Rules including but not limited to the warranty and representation set forth in Paragraph 3 of these Official Rules.

9. Reservations. D.G. Flamand reserves the right to cancel, suspend and/or modify a contest, or any part of it, if any fraud, technical failures or any other factor beyond its reasonable control impairs the integrity or proper functioning of the contest, as determined by D. G. Flamand in its sole discretion. D. G. Flamand reserves the right, in its sole discretion, to disqualify any individual it finds to be tampering with the entry process or to be acting in violation of these Official Rules or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of a contest may be a violation of criminal and civil law, and, should such an attempt be made, D. G. Flamand reserves the right to seek damages from any such person to the fullest extent permitted by law. D. G. Flamand’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.

10. Limitations of Liability. D. G. Flamand is 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 a contest; (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 contests; (4) technical or human error which may occur in the administration of the contests 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 contests or receipt or use or misuse of any prize.

11. General Terms.

(1) Agreement. These Official Rules contains the entire agreement between D. G. Flamand and each entrant and supersedes any prior written or oral agreement between them respecting the subject matter contained herein. Titles and headings to paragraphs in this Agreement are for the purpose of reference only and shall in no way limit, define, or otherwise affect the provisions of it. There are no other representations, agreements, arrangements, or other understandings, oral or written, between the parties hereto respecting the subject matter contained herein which are not fully expressed herein. Additional terms and conditions to this Agreement will not be valid or enforceable unless in writing and approved by all parties. Either party’s failure to enforce any provision or provisions of this Agreement shall not in any way be construed as a waiver of any such provision or provisions, or prevent that party thereafter from enforcing each and every other provision of this Agreement. The provisions of this Agreement are severable, and if any one or more provisions may be determined to be judicially unenforceable, in whole or in part, the remaining provisions shall nevertheless be binding and enforceable. Except as otherwise provided herein, this Agreement is binding upon and inures to the benefit of all parties, their heirs, executors, administrators, assigns, successors in interest or other legal representatives.

(2) Arbitration. Any controversy, dispute or claim arising out of the interpretation, performance or breach of this Agreement shall be resolved by binding arbitration, at the request of either party, in accordance with the rules of the American Arbitration Association in the City of Los Angeles, California. The arbitrators shall apply California substantive law and the California Evidence Code to the proceeding. The arbitrators shall have the power to grant all legal and equitable remedies, except that under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Diskeeper Corporation in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of California without giving effect to any choice of law or conflict of law rules (whether of the State of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of California. The arbitrators shall prepare in writing and provide to the parties an award including factual findings and the reasons on which the decision is based. The arbitrators shall not have the power to commit errors of law or legal reasoning, and the award may be vacated or corrected pursuant to California Code of Civil Procedure Sections 1286.2 or 1286.6 for any such error.

(3) Attorney’s Fees. If any legal action arises under this Agreement or by reason of any asserted breach of it, the prevailing party shall be entitled to recover all costs and expenses, including reasonable attorney’s fees, incurred in enforcing or attempt to enforce any of the terms, covenants, or conditions.

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