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THE ADOBE STOCK CONTRIBUTOR CREATIVE CLOUD PLAN GIVEAWAY

(A First-Come, First-Served Giveaway for Eligible Qualifying Participants)

Terms

 

PRELIMINARY DISCLOSURES

YOU MUST BE 18 YEARS OF AGE (OR THE AGE OF MAJORITY IN YOUR JURISDICTION) OR OLDER, AN ADOBE STOCK CONTRIBUTOR, AND A LEGAL RESIDENT OF THE UNITED STATES, CANADA (EXCLUDING QUEBEC), FRANCE, DENMARK, GERMANY, ITALY, ICELAND, IRELAND, AUSTRIA, BELGIUM, FINLAND, THE NETHERLANDS, NORWAY, POLAND, PORTUGAL, SPAIN, SWEDEN, THE UNITED KINGDOM, RUSSIAN FEDERATION, UKRAINE (EXCLUDING THE AUTONOMOUS REPUBLIC OF CRIMEA AND THE ANTITERRORIST OPERATION AREA), Commonwealth of Independent States (CIS), Latvia, Lithuania, Estonia, Romania, Bulgaria, Czech Republic, Hungary, Serbia, Croatia, Bosnia-Herzegovina, Slovenia, Macedonia, Turkey, Greece, Israel, HONG KONG S.A.R. OF THE PEOPLE’S REPUBLIC OF CHINA, INDIA, JAPAN, MALAYSIA, PHILIPPINES, SOUTH KOREA, SINGAPORE, TAIWAN, THAILAND, AUSTRALIA, NEW ZEALAND, South Africa, Argentina, Columbia, Chile, Peru, Ecuador, Uruguay, Venezuela AND MEXICO TO PARTICIPATE. VOID WHERE PROHIBITED. 

PROMOTION PARTIES

  • PROMOTION ORIGINATOR; ELIGIBLE PARTICIPANTS; INELIGIBLE PARTICIPANTS
  • Promotion Originator. The Adobe Stock Contributor Creative Cloud Plan Giveaway (“Giveaway” or “Promotion”) is originated by Adobe Systems Incorporated, 345 Park Avenue, San Jose, California, 95110, United States, its affiliates and subsidiaries (collectively, “Adobe”).
  • Eligible Participants. The Promotion is open only to persons meeting all the requirements recited in Section 1 (“Participant(s),” “Contributor(s),” “You,” “Your”). By participating in the Promotion Participants agree to be bound by these terms (“Terms”).
  • Ineligible Participants. No one who is an employee or independent contractor, officer, or director of Adobe, or any of Adobe's agents, representatives, advertising, promotion, publicity and fulfillment agencies, legal advisors, successors and assigns, and any other company or person that is involved with the production, design, execution, administration or distribution of this Promotion (collectively, the “Released Parties”), is eligible to receive a Giveaway Item (defined below), nor is anyone who lives with (whether or not related), or who is an immediate family member of, any one of the Released Parties (i.e., parents, siblings, children and their respective spouses, regardless of where they reside). The Promotion is subject to all applicable federal, state, territorial, provincial, municipal and local laws and regulations and is void where prohibited or restricted by law.


PROMOTION SCHEDULE

PROMOTION WINDOWS; SCHEDULE; TIMING

  • Promotion Windows. The Promotion comprises the start and end times, separate Submission window (the “Submission Window”), and Recipient determination window (“Recipient Determination Window”), all windows collectively comprising the “Promotion Period”, as detailed in the schedule below, and as long as Gifts last:

Schedule



Promotion Period

Submission Window

Recipient Determination Window

Open 12:01 a.m. PT:

Jul 12, 2018

While Gifts last or until:

Close 11:59 p.m. PT

Dec 31, 2018

Dec 31, 2018

  

 Timing. EACH PARTICIPANT IS RESPONSIBLE FOR MAKING THE NECESSARY ADJUSTMENTS FOR TIMING OF THE VARIOUS WINDOWS IN SECTION 3.2 ABOVE BASED ON PARTICIPANT'S LOCATION AND TIME ZONE. Adobe's computer is the official time-keeping device for the Promotion.

PROMOTION TERMS

HOW TO QUALIFY; LIMITS ON QUALIFICATIONS

SUBMISSION GUIDELINES

  • All Submissions must (A) meet Qualification Requirements outlined in Section 4.1; and (B) be made pursuant to the terms of the Adobe Stock Contributor Additional Terms at http://www.adobe.com/go/contributorterms (“Contributor Agreement”).
  • Proof of submission is not proof of delivery or receipt of that Submission by Adobe. Use of a false email account will disqualify a Submission. If there is a dispute regarding a Submission, or the identity of a Participant, the Submission at issue will be deemed by Adobe to have been made by the natural person who is the authorized account holder assigned by an Internet access provider to the email address associated with the Submission, and that person must comply with these Terms. Participants may be required to show proof of being the authorized account holder.
  • By participating in the Promotion, each Participant accepts and agrees that Adobe, in its sole discretion, may disqualify any Participant who (whether in fact or by attempt) subverts, circumvents, or tampers with the Submission process, or the lawful operation of the Promotion or the Site, or who Adobe finds to be acting in a disruptive manner, or in a manner otherwise in violation of these Terms.

DATA PROTECTION

  • Participants' Consent to Adobe's use of Personal Data. By participating in this Promotion, each Participant consents to having personal data collected from them by Adobe, which personal data may be transferred, and will be used and disclosed by Adobe and its authorized agents for purposes of Promotion administration and Giveaway Item fulfillment. By participating, each Participant consents to the collection, use and disclosure of their personal data as described in these Terms. Nothing in these Terms will be deemed to restrict or exclude any Participant's statutory consumer rights pertaining to personal data. Except as otherwise stated in these Terms, the Contributor Agreement, or on the Site, personal data collected from Participants by Adobe is subject to Adobe's Privacy Policy at http://www.adobe.com/privacy/policy.html (available by region).

Participants' License and Consent to Adobe's use of Submissions.  The terms of the Contributor Agreement govern Adobe’s use of Submissions. Participation in the Promotion creates no obligation (express or implied) on the part of Adobe to use, commercialize or otherwise exploit any Participant's Submission.

  • Participants' Right to Opt-Out from Adobe's use of Personal Data. Each Participant may refuse to have their personal information collected, transferred, used, or disclosed by Adobe as described in these Terms (“Opt-Out”) by choosing to not participate in the Promotion.
  • No Opt-In to future communications from Adobe required to participate. During the Promotion Period Participants may be presented the option to “Stay informed via email about Adobe products and services” (“Opt-In“ consent to future marketing), but Opt-In consent to future marketing is not required to participate in the Promotion, and will not increase or improve a Participant's opportunity to receive a Giveaway Item.

RECIPIENT SELECTION AND NOTIFICATION; ODDS OF RECEIVING A GIVEAWAY ITEM

  • Recipient Determination and Notification. Eligible Participants who Qualify for a Giveaway Item (potential “Recipient(s)”) will be notified via email to the email address associated with their Adobe Stock Contributor Account. If a potential Recipient is 18 years of age as required, but deemed a minor in his or her jurisdiction, then the Giveaway Item will be provided in the name of the minor's parent or legal guardian, who will be responsible for signing any necessary documents.
  • Odds of Receiving a Giveaway Item. The odds of receiving a Giveaway Item will depend on the speed and number of Qualified Eligible Participants that respond to the Giveaway announcement.
  • Redemption Window. A Recipient must redeem their Giveaway Item by July 31, 2021.

TOTAL GIVEAWAY ITEMS TO BE DISTRIBUTED; GIVEAWAY ITEM DESCRIPTION; RETAIL VALUE

  • Total Giveaway Items to be distributed. 22,000 total Giveaway Items with a combined retail value of $3,597,360.00 (USD/United States) will be distributed in this Promotion.

Adobe Creative Cloud Photography Plan Giveaway Item:

Total Quantity of this Giveaway Item available: 20,000

Consisting of a one-year subscription to Adobe Creative Cloud Photography Plan (20GB); Retail Value (“RV”): $119.88 (USD/United States) ea.  Not all applications, services, or features are available in all languages or countries.

Adobe Creative Cloud All Apps Plan Giveaway Item:

Total Quantity of this Giveaway Item available: 2,000

Consisting of a one-year subscription to Adobe Creative Cloud All Apps Plan; RV: $599.88 (USD/United States) ea. Not all applications, services, or features are available in all languages or countries.

  • RVs quoted represent the maximum retail price or, in the absence of a maximum retail price, the prevailing market price to the best of the Adobe's knowledge. Differences in stated price and actual Giveaway Item values (including differences in any stated price and the price a Recipient would have had to pay for such product in any jurisdiction) will not be distributed. A Giveaway Item may not be sold by a Recipient, although it may be given as a gift. All Giveaway Item details, including type, color, size, etc. are at Adobe's sole discretion. All Giveaway Items are distributed “as is” with no warranty or guarantee, either express or implied. Not all applications, services, or features are available in all languages or countries.  No cash alternative to Giveaway Item is available and Adobe reserves the right to substitute a Giveaway Item (or portion thereof) with one of approximately equal or greater value. Participants are responsible for all applicable federal, state, territorial, provincial, municipal and local taxes, costs associated with currency exchange, or any other costs and expenses associated with Giveaway Item receipt, acceptance, or use. Use of any Giveaway Item(s)that have associated use terms such as gift cards, software, online services, or subscription products is subject to any terms or conditions that may accompany such products as issued by the service or product provider. Only the advertised number of Giveaway Items and those claimed in accordance with these Terms will be distributed. Recipients may be required to provide a shipping address and proof of residency to claim a Giveaway Item. Adobe will arrange and determine mode of delivery of Giveaway Items to Recipients.
  • PARTICIPANTS' AGREEMENT TO TERMS AND DECISIONS OF ADOBE. Participation in the Promotion or receipt of any Giveaway Item constitutes and is conditioned upon each Participant's and Recipient's full and unconditional agreement to and acceptance of these Terms, Adobe's online Terms of Use, the Contributor Agreement, and Adobe's decisions which are final and binding in all matters related to the Promotion. Receiving a Giveaway Item is contingent upon Participant fulfilling all applicable requirements in these Terms. In the event of a conflict between these Terms and the Contributor Agreement, the terms of the Contributor Agreement will govern, except when a conflicting term is specific to the administration of this Promotion.

GENERAL

  • Adobe's right to cancel, terminate or modify the Promotion. Adobe reserves the right to cancel, terminate, or modify the Promotion, or any portion, if in Adobe's opinion the Promotion has been compromised, corrupted, or cannot be completed as planned due to computer virus, bugs, tampering, unauthorized intervention, technical failures, or other conditions beyond Adobe's reasonable control, including without limitation, an insufficient volume of participation or eligible Submissions, and to select potential Recipient(s) from among eligible, non-suspect Submissions received on or before the termination date. While Adobe may take action against fraudulent activities of Participants, Adobe assumes no responsibility or obligation to proactively police Participants' activities, or to investigate any or all claims of fraudulent activity. Adobe's failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other provision.
  • Limitations of liability. The Released Parties (defined in Section 2.3) do not guarantee the processing or posting of any Submission, or the functioning of the Site. The Released Parties are not in any way responsible or liable for any act, omission, or breach of contract or warranty by Participants, or any infringement or violation of any right of publicity, privacy, intellectual property or proprietary rights, or for any loss (including loss of opportunity) or other claim arising from or in relation to the Promotion, or any Submission submitted, or for the authorized or unauthorized actions of Participants or other third parties. The Released Parties are not responsible for events requiring a cancellation or postponement of the Promotion, or for Submissions that are incomplete, illegible, lost, intercepted, misdirected, or not otherwise received by Adobe, or for hardware or software malfunctions, delayed, unavailable, or failed network connections or communications, or other errors or impediments of any kind, whether technical or non-technical in nature, relating to the Promotion, its administration, the processing of Submissions, or the announcement of Recipients.
  • Release of claims. By participating in the Promotion each Participant agrees, to the maximum extent allowable under applicable law, to release and hold the Released Parties harmless from and against any and all liability whatsoever for any injuries, losses, or damages of any kind arising from, or in any way connected with, participation in the Promotion, any Promotion-related activity, or any Submission submitted, or the shipping and handling, receipt, possession, loss, use or misuse of any Giveaway Item distributed. The limitation of liability in this section does not apply to any liabilities that may not be excluded by law. Each Participant agrees that: Adobe's only obligation is to distribute Giveaway Items according to the procedures and criteria set forth in these Terms; these obligations are fair and adequate consideration for any Submission submitted; and Participant is not entitled to and will not seek any further compensation except as set forth in the Contributor Agreement.
  • Governing law; venue; disputes. All issues and questions concerning the construction, validity, interpretation, and enforceability of these Terms, or the rights and obligations of Adobe and Participants, will be governed by, and construed in accordance with, the laws of the state of California, United States of America, without giving effect to any choice of law or conflict of law rules or provisions (whether of the State of California or any other jurisdiction) that would cause the application of laws of any jurisdiction other than the State of California, and all claims must be resolved in the appropriate State Court located in Santa Clara County, California.