2008 Color Me ZÜCA Design Contest Official Rules

1. ELIGIBILITY:

THE DESIGN CONTEST IS OPEN TO (A) LEGAL RESIDENTS OF THE FIFTY (50) UNITED STATES AND THE DISTRICT OF COLUMBIA WHO ARE 18 YEARS OF AGE AND OLDER AND WHO ARE PHYSICALLY LOCATED AND RESIDE IN THE UNITED STATES OR DISTRICT OF COLUMBIA; AND (B) LEGAL RESIDENTS OF CANADA (EXCLUDING THE PROVINCE OF QUEBEC) WHO ARE OF THE AGE OF MAJORITY IN THEIR PROVINCE OR TERRITORY OF RESIDENCE AND WHO ARE PHYSICALLY LOCATED AND RESIDE IN CANADA (EXCLUDING THE PROVINCE OF QUEBEC) OPEN TO MINORS WITH WRITTEN CONSENT OF A PARENT OR LEGAL GUARDIAN. ZÜCA employees, judges, and their immediate family members are not eligible to participate. The Contest is subject to all applicable federal, state and local laws and regulations, and is void where prohibited by law. By participating in the Contest, entrants agree to be bound by these Official Rules, and by the decisions of ZÜCA, which are final in all matters relating to the Contest. ZÜCA reserves the right to cancel, terminate, modify, or suspend this Contest without obligation at any time in its sole discretion.

2. COLOR ME ZÜCA (THE DESIGN CONTEST) TIMING/DESCRIPTION: The Design Contest begins at 12:00:00 AM Pacific Time (PT) on March 26, 2008 and ends 12:00 AM PT on April 23, 2008.

3. HOW TO ENTER THE DESIGN CONTEST

To enter the Design Contest go to www.zuca.com/design_contest

Submit your design

1. Sign and date your picture on the back of the page and print clearly your name, address, phone number and email address.

2. Mail your design to:

ZÜCA Design Contest
645 E. McGlincy Lane
Campbell, CA 95008

OR

Email - Scan your design and send as a JPG attachment up to 1MB file size to designcontest@zuca .com. Make sure to give us your name and contact information in the body of your email. Tell us about yourself and how you will use your ZÜCA. (Optional, and will not be published without your permission)

Deadline: Designs are to be postmarked or emailed by 12:00AM Pacific Standard Time on April 23, 2008

Limit three (3) entries per person.

5. DETERMINATION of WINNERS AND PRIZES:

JUDGING: Entries will be judged by a panel consisting of product design and engineering, and marketing employees of ZÜCA Inc. Winning entries will be chosen on the basis aesthetic merit of visual clarity, form, innovation, and creativity.

6. WINNER NOTIFICATION AND VERIFICATION:

Five finalists will be notified by electronic mail, overnight or U.S. mail on or about. May 5, 2008

7. RIGHTS: By submitting an entry you warrant that it is your wholly original creation and does not infringe any copyright, trademark, or other proprietary right of any third party. Submission of an entry grants ZÜCA and its agents the right to publish, use, adapt, edit and/or modify the entry in any way, in commerce and in any and all media worldwide now known or hereinafter developed, without limitation and without notice or consideration to the entrant. By submitting an entry, each entrant in the Contest further acknowledges and agrees that his/her entry constitutes an assignment of all rights, title and interest in and to their submitted design to ZÜCA, including but not limited to the right to manufacture, produce and/or sell entrant's submission or any derivative version thereof as a finished product, and absolute discretion to alter the entrant's submission in any way, including without limitation the removal or addition of any element. Entrant further agrees that s/he will not be entitled to royalties or payment of any kind whether or not ZÜCA chooses to produce and sell his/her submitted design as a finished product. ZÜCA may require winners to execute documents to confirm this transfer of rights, or prize will be forfeited and an alternate winner selected based on the criteria stated herein.

8. CONDITIONS OF PARTICIPATION: By entering, entrants agree to be bound by these Official Rules including all eligibility requirements. By accepting a prize, winners consent to the use of their names, their design images, likenesses, photo, voices, and biographical materials for advertising, publicity, and promotional purposes by ZÜCA, or a party designated by ZÜCA, including but not limited to, any online announcements, without additional notice or compensation, except where prohibited by law. Entrants agree that the conditions of submission set forth in these Official Rules, and all documents and agreements incorporated in these Official Rules by reference, solely govern the relationship between entrants and ZÜCA in connection with this Contest. Winners agree to be contacted by ZÜCA via email and/or overnight mail and/or telephone and/or in person, at the sole discretion of ZÜCA, for interview purposes. Winners grant ZÜCA the right to record these interviews (if conducted via telephone or in person) and use Winners' names, images, likenesses, photographs, voices and biographical materials, and video if applicable, for advertising, publicity and promotional purposes including posting the interviews on the Internet or for any other purpose or for any other online announcements, and/or for sharing the interviews with the press for viewing, whether TV or print, without additional compensation, unless prohibited by law. Winners shall receive no further compensation or credit for use of the interview, other than that disclosed in these rules. ZÜCA shall have no obligation (express or implied) to develop, produce, distribute or otherwise exploit any interview, or continue the development, production, distribution or exploitation thereof.

9. DISPUTES: Each participant agrees that: (a) any and all disputes, claims and causes of action arising out of or connected with this Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate courts located in California, and (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, but in no event attorneys' fees. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the participant and ZÜCA hereunder, 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 which would cause the application of the laws of a different jurisdiction.

10. LIMITATION OF LIABILITY: ENTRANTS HEREBY AGREE TO RELEASE, INDEMNIFY, AND HOLD HARMLESS ZÜCA INC. AND ITS OFFICERS, DIRECTORS, EMPLOYEES AND THEIR AFFILIATES (COLLECTIVELY, THE "RELEASEES")) FROM ANY CLAIMS, ACTIONS, INJURY, LOSS OR DAMAGE OF ANY KIND WHICH MAY ARISE IN CONNECTION WITH THE ENTRY AND/OR PARTICIPATION IN THE CONTEST. BY ACCEPTING PRIZES, WINNERS AGREE TO INDEMNIFY AND HOLD THE RELEASES HARMLESS FROM AND AGAINST ANY CLAIMS, SUITS, LOSSES, DAMAGES, AND EXPENSES, INCLUDING REASONABLE ATTORNEY FEES, WHICH ARISE IN CONNECTION WITH ANY ALLEGATION THAT THEIR SUBMISSION VIOLATES THE RIGHTS OF ANY THIRD PARTY.

11. WINNERS' LIST: For the names of the winners, please visit www.zuca.com after May 5, 2008

12. SPONSOR & ADMINISTRATOR: The sponsor of the Design Contest is ZÜCA Inc., 645 E. McGlincy, Campbell CA 95008.