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9. Miscellaneous: Brightcove is not responsible for, and shall not be liable for, any problems connected with the internet portion of the contest, including (a) technical failures of any kind, including, but not limited to, the malfunctioning of any cable, computer, network, satellite, server, system, telephone line, electronic or internet hardware or software, (b) any telephone, service provider, internet, website, or usenet inaccessibility or unavailability, (c) unauthorized human intervention in any part of the entry process or the contest, and (d) garbled or jumbled transmissions, or other electronic errors in the processing of entries or administration of the contest. Brightcove reserves the right, in its sole discretion, to suspend or cancel the contest at any time if a computer virus, bug, worm, or other technical problem interferes with the administration, security, integrity, or proper rules of the contest. In the event of cancellation, Brightcove reserves the right to award the prize to eligible entries received prior to the date of cancellation.

Brightcove and its officers, employees, directors, agents, affiliates, subsidiaries, successors and assigns assume no responsibility for lost, misdirected, damaged, incomplete, incorrect, altered, or illegible entries. The use of automated entry devices or any other conduct that impedes the integrity of the contest is prohibited. Entries and the information contained therein become the property of Brightcove and will not be returned. Entries made through the internet are deemed to be made by the authorized account holder of the email address at the time of entry.

  • 10.

    Release: By entering this contest, entrants release Brightcove and its parents, subsidiaries, affiliates, agents, shareholders, officers and employees from any liability arising from or relating to participation in this contest, including but not limited to, any and all claims, expenses, demands or liabilities arising out of or in connection with the use or misuse of the prize, or participation in any contest-related activity.

  • 11.

    Dispute Resolution: Except where prohibited, by participating in the contest, entrants agree that: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of participants and Brightcove shall be governed by and construed exclusively in accordance with the laws of the Commonwealth of Massachusetts without giving effect to any principles of conflicts of law of any jurisdiction. Entrant agrees that any action at law or in equity arising out of or relating to this contest, or awarding of the prizes, shall be filed only in the state or federal courts located in the Commonwealth of Massachusetts and entrant hereby consents and submits to the personal jurisdiction of such courts for the purposes of litigating any such action. Except where prohibited, by participating in this contest, entrant agrees that: (a) any and all disputes, claims, and causes of action arising out of or connected with this contest, or awarding of the prizes, shall be resolved individually, without resort to any form of class action; and (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in this contest but in no event attorneys' fees; and (c) under no circumstances will any participant be permitted to obtain awards for and hereby waives all rights to claim 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.

  • 12.

    Official Rules: Contest entrants agree to abide by these Official Rules and the decisions of Brightcove, which decisions are final and binding on all matters pertaining to this contest.

  • 13.

    Winner’s List: Only the winner will receive notification from Brightcove. For the names of the winners, please send a self-addressed stamped envelope post marked by February 1, 2011 to: Brightcove Player Design Contest, Brightcove Inc., One Cambridge Center, 12th Floor, Cambridge, MA 02142.

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