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Developer One Software Contest Official Rules

NO PURCHASE NECESSARY TO ENTER OR WIN

Participation constitutes entrant's full and unconditional agreement to and acceptance of these Official Rules.

ELIGIBILITY

Open to individuals who are legal residents of the United States (EXCLUDING PUERTO RICO), who are 18 years of age or over as of the date of entry and Canada, 18 years or older. Sweepstakes begins Thursday, July 25, 2002 at 5:15 p.m. and ends Saturday, August 31, 2002 at 11:59 p.m. For purposes of these Official Rules, all times are Eastern Standard Time (EST).

Employees or agents of PDA Center (the "Sponsor") and Developer One and their respective parent companies, affiliates, subsidiaries, advertising/promotional agencies, and the members of their immediate families or those persons living in the same household of such individuals are ineligible to enter or win. All federal, state and local laws and regulations apply. Void where prohibited by law.

ENTRIES

You may enter Sweepstakes two ways: (1) Online: Access the Sweepstakes web site at http://forums.pdacenter.net ("PDA Center Forums" or "Forums") and become a member by filling out a registration form if you haven't already, and then posting in the PDA Center Forums.

Only one entry per person, per e-mail address per day is permitted, regardless of method of entry. All entries become the exclusive property of Sponsor and will not be acknowledged or returned. Any use of robotic, automatic, programmed or the like entry methods will void all such entries by such methods.

LIMIT ONE ENTRY PER PERSON OR E-MAIL ADDRESS (REGARDLESS OF WHETHER MORE THAN ONE PERSON USES THE SAME E-MAIL ADDRESS).

E-MAIL CHANGE OF ADDRESS POLICY: It is the sole responsibility of the entrant to notify the Sponsor by e-mail if the entrant changes his/her e-mail address. (To do so, e-mail webmaster@pdacenter.net)

The Sponsor and its agencies are not responsible for lost, interrupted or unavailable network, server or other connections, miscommunications, failed phone or computer hardware or software or telephone transmissions or technical failures, garbled or jumbled transmissions or other errors of any kind, whether human, mechanical or electronic; including without limitation the incorrect or inaccurate capture of entry information online, or for lost, late, incomplete, damaged, destroyed, delayed, stolen, misdirected or illegible entries. Entry materials/data that have been tampered with or altered are void. Once submitted, entries become the sole property of the Sponsor and will not be returned. In case of dispute as to identity of a winner, such entry will be declared made by the registered user of the e-mail account at the time the entry was submitted, and if a prize is won, and such registered user is a valid entrant, the prize will be awarded to such registered user.

PRIZES

The following prize(s) will be awarded:

Grand Prize: A CD-ROM filled with every Developer One Pocket PC title.
First Prize: 1 license each for Agenda Fusion, CodeWallet Pro, AccessPanel, and Pocket AutoGraph.
Second Prize: 1 license for Agenda Fusion and 1 license for CodeWallet Pro.
Third Prize: 1 license for Agenda Fusion and 1 license for CodeWallet Pro.
Runner-Up: 1 license for Agenda Fusion and 1 license for CodeWallet Pro.

Number of Winners: 5

No alternative prize, cash, or other substitution is permitted except by the Sponsor in the event of prize unavailability. All federal, state, provincial, and local taxes are the sole responsibility of the winner.

WINNERS

Selection of Winner: Winner will be determined by finding the person with the highest number of Points from all eligible members, to be held after the end of the Sweepstakes Period at the Sponsor's offices. All decisions of the Sponsor are final and binding. Odds of winning depend on the number of eligible entries received. The winner will be notified by e-mail or U.S. mail within 15 days of the drawing. Winner will have 10 days from notification to accept the prize by e-mail to "webmaster@pdacenter.net" or by U.S. mail to the address specified in the notification. The Sponsor is not responsible for and shall not be liable for any late, lost, or misdirected notification, or for winner's unsuccessful efforts to claim any prize.

Winner may be required to sign and return a release of liability, declaration of eligibility, and where lawful, a publicity consent agreement, all within 10 days of acknowledged notification. By accepting and/or using prize, the winner agrees to the use of his/her name, voice and/or likeness for the purpose of advertising, trade, or promotion without further compensation, unless prohibited by law. If a selected winner cannot be contacted, is ineligible, fails to claim a prize, or fails to timely return the completed and executed declaration and releases as required, prize may be forfeited and an alternate winner will be selected. In the event of a dispute regarding who submitted an online entry, the entry will be deemed submitted by the authorized account holder of the e-mail account.

GENERAL TERMS AND CONDITIONS

By entering, each participant agrees to be bound by these Official Rules and the decisions of Sponsor, which shall be final. Sponsor, agents and representatives of Sponsor, its parent companies, affiliates, subsidiaries, advertising, promotion, and fulfillment agencies, and legal advisors are not responsible for and shall not be liable for: (i) late, lost, delayed, damaged, misdirected, incomplete, illegible, unintelligible, or postage-due entries; (ii) telephone, electronic, hardware or software program, network, Internet, or computer malfunctions, failures, or difficulties of any kind; (iii) failed, incomplete, garbled, or delayed computer transmissions; (iv) any condition caused by events beyond the control of the Sponsor that may cause the Sweepstakes to be disrupted or corrupted; (v) any injuries, losses, or damages of any kind arising in connection with or as a result of the prize, or acceptance, possession, or use of the prize, or from participation in the Sweepstakes; or (vi) any printing or typographical errors in any materials associated with the Sweepstakes. Sponsor reserves the right, in its sole discretion, to suspend or cancel Sweepstakes at any time if a computer virus, bug, or other technical problem corrupts the administration, security, or proper play of the Sweepstakes.

By participating in the Sweepstakes, each participant agrees, and by accompanying winner on the trip, Guest agrees, to release and hold Sponsor and the employees, officers, directors, shareholders, agents, representatives of Sponsor, its parent companies, affiliates, subsidiaries, advertising, promotion, and fulfillment agencies, and legal advisors, harmless from any and all losses, damages, rights, claims and actions of any kind in connection with the Sweepstakes or resulting from acceptance, possession, or use of any prize, including without limitation, personal injury, death, and property damage, and claims based on publicity rights, defamation, or invasion of privacy.

RESOLUTION OF DISPUTES

Any and all disputes and claims relating to this Promotion shall be resolved by binding arbitration by a single arbitrator selected by a Circuit Court judge of the State of Maryland. Maryland law shall apply to the resolution, award, enforcement and collection relating to any dispute or claim. PDA Center will not pay any amount unless required to by such a Circuit Court. The other party shall pay the costs of the arbitration in it's entirety. The dispute and claims and arbitration proceedings shall at all times be kept confidential except to the extent necessary to enforce or collect the arbitration award.

WINNERS LIST

A list of winners will be available online at http://www.pdacenter.net and http://forums.pdacenter.net.

 
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