ESURANCE SPRING SNAPSHOT CONTEST
OFFICIAL RULES

1.                   Eligibility: The Esurance Spring Snapshot Contest  ("Contest") is sponsored by Esurance Insurance Services, Inc., 650 Davis St., San Francisco, California 94111-1922 ("Sponsor"), and is open only to legal residents of the 48 contiguous United States and the District of Columbia who are 18 years of age and older at the time of entry. Employees of Esurance Insurance Services, Inc., and its parent and affiliate companies, and each of their respective officers, directors, agents, representatives and immediate families (spouses, parents, children, siblings, (including "step" as they may apply) and each of their respective spouses, regardless of where they live) or members of their households whether legally related or not, are not eligible to enter or be awarded a prize.  This Contest is subject to all applicable federal, state and local laws and regulations and is void where prohibited or restricted by law.

2.                   Agreement to Official Rules:  By participating in the Contest, you fully and unconditionally agree to accept these Official Rules and the decisions of Sponsor, which are final and binding in all matters related to the Contest.  Whether a potential winner receives any applicable prize is contingent upon fulfilling all requirements set forth herein.

3.                   The Contest Period begins as of 12:01 AM, Pacific Time (PT), April 3, 2008 ("Contest-Start"), and ends as of 11:59 PM, PT, May 15, 2008 ("Contest-End"). Sponsor's clock determines time.

4.                   How to Enter:  You may enter the Contest only by sending one (1) photograph, along with a brief narrative (approximately 50 words or less) about what makes the place in the photograph special to you, and your name, e-mail address, postal address, and daytime phone number (collectively, an "Entry") to Sponsor either (a) via e-mail at news@esurance.com; or (b) via U.S. mail at "ATTN: Esurance Spring Snapshot Contest, Esurance, 650 Davis St., San Francisco, CA 94111".  If sending an Entry via e-mail, the submitted photograph must be a digital photograph which is in JPEG format and no greater than 1 MB in size.  If sending an Entry via U.S. mail, the submitted photograph must be no smaller than 4" x 6" and no greater than 5" x 7" in size.  Sponsor may, in it's sole and absolute discretion, deem ineligible any Entry which Sponsor considers inappropriate or not suitable for publication including, without limitation, Entries which violate or infringe a third party's rights; include trademarks, brand names, obscenity, profanity, or defamatory statements; include artwork or photographs not created by the entrant; are hateful, tortuous, defamatory, slanderous, or libelous.  All Entries must be received by Sponsor during the Contest Period, and all submitted materials including, without limitation, the Entries, become property of Sponsor and shall not be returned.  Sponsor is not responsible for lost, late, incomplete, invalid, unintelligible or misdirected Entries, which will be disqualified.  Maximum of one (1) photograph per Entry, and one (1) entry per person or email address during the Contest Period regardless of method of entry.

5.                   Judging:  Entries shall be judged by a panel of Sponsor employees to determine one (1) Grand Prize winner (the "Grand Prize winner"), and up to six (6) honorable mentions (the "Honorable Mentions" and, together with the Grand Prize winner, the "Winners") based on creativity, relevance to the theme, and the impact of the Entry's visual and verbal expression of the idea.  The judges' decisions will be final and binding.  Potential Winners will be selected on or about May 31, 2008. 

6.                   Winner Notification:  The potential Winners will be notified within five (5) business days after being selected, via e-mail or U.S. postal mail (at Sponsor's sole discretion) at the address provided by the winner in his/her Entry.  If so notified, you must respond to such notification within two (2) business days of the time the e-mail is sent in the case of an e-mail notification, or within seven (7) calendar days of the date such notification is sent if the notification is sent via U.S. postal mail.  It is your responsibility to keep your e-mail and postal address current.  Except where prohibited, if you are a potential Winner, Sponsor may also require you to execute and return any required Affidavit of Eligibility, Liability and, where lawful, Publicity Release (the "Affidavit") within three (3) business days following the Affidavit notification date.  Your failure to respond to a notification and/or to sign and return the Affidavit within the time periods set forth herein will result in your disqualification and determination of an alternate Winner according to the judging criteria set forth above.

7.                   Prize:  Grand Prize:  $5,000.00 donation to an environmental nonprofit organization of winner's choice.  The Grand Prize is awarded "AS IS" and WITHOUT WARRANTY OF ANY KIND, expressed or implied, (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose) by Sponsor.  The right to receive the Grand Prize is non-assignable and non-transferable and no prize substitution, transfer, or exchange will be allowed except by Sponsor in Sponsor's sole discretion.  All taxes are winner's responsibility and an IRS form 1099 will be issued, if applicable, for the year 2008 for the value of the prize.  Honorable Mentions: Although all Winners' Entries may, at Sponsor's sole and absolute discretion, be featured on Sponsor's Website, or on other Sponsor advertising or promotional material, Honorable Mentions shall not receive any prize.  A potential Winner who wishes to remain anonymous shall have the opportunity to indicate so on the Affidavit, and such Winner's name shall appear as "Anonymous" in publications of such Winner's Entry.

8.                   Licenses and Approvals:  You must be the sole owner of the materials submitted in your Entry.  You may not submit an Entry on behalf of someone else.  By submitting an Entry, you: (a) represent and warrant that (i) you own all right, title and interest in the submitted photograph and accompanying narrative, (ii) the Entry does not violate any law, regulation, or right of any third party, including but not limited to copyright, trademark, rights of publicity or privacy, (iii) if the photograph contains an identifiable person other than you, that you have obtained the consent of such person or, (in the case of a minor, such person's parent or legal guardian), and (iv) you meet all eligibility criteria for participation in this Contest as set forth in these Official Rules; (b) agree that if you are a Winner Sponsor may use your image, name, and likeness, as may be included in your Entry, for Sponsor's advertising and marketing purposes, without your approval and without any additional compensation to you, except to the extent you may limit such use by indicating in your Affidavit that you would like to remain anonymous, as described in Section 7; and (c) agree to be bound by these Official Rules.  In addition, you acknowledge and agree that by submitting an Entry in this Contest, you grant Sponsor, its successors, licensees, and assigns (the "Authorized Parties") an irrevocable, perpetual, non-exclusive worldwide license to, without any additional consideration, publish, post, display, copy, distribute, transmit, edit, use alone, together or with other works, and otherwise exploit the photograph and narrative submitted in your Entry in any manner whatsoever, and at any time or times, for any purpose whatsoever, in all media now known or hereafter discovered, without notice, review or approval. 

 

9.                   Limitation of Liability: Neither Sponsor nor Releasees (as defined herein) are responsible for: (a) stolen, lost, late, misdirected, damaged, undeliverable, incomplete, inaccurate, delayed, or illegible Entries due to technical, computer, mechanical, printing, typographical, human or other errors relating to or in connection with the Contest, including, without limitation, errors which may occur in connection with the administration of the Contest, the mailing or transmission of entries, notification or correspondence, the processing of entries, the announcement of the prize or in any Contest related materials; (b) technical failures of any kind; (c) failures of any of the equipment or programming associated with or utilized in the Contest; (d) unauthorized human and/or mechanical intervention in any part of the entry process or the Contest; (e) technical or human error that may occur in the administration of the Contest, the sending of entries or the processing of entries; or (f) any injury or damage to persons or property that may be caused, directly or indirectly, in whole or in part, from your participation in the Contest or receipt or use of any prize.  If for any reason your entry is confirmed to have been erroneously deleted, lost or otherwise destroyed, corrupted or for any other reason not accepted as an entry into the Contest, your sole remedy is another Entry in the Contest during the Contest Period. Sponsor may rescind any Entry found to contain such errors or failures without liability at Sponsor's sole discretion.

As a condition of participating in this Contest, you agree to release, indemnify and hold harmless Esurance Insurance Services, Inc. and its respective parent company, subsidiaries, affiliates, and advertising and promotion agencies, and each of their respective agents, representatives, officers, directors, members, shareholders and employees (collectively, "Releasees") from and against any injuries, losses, damages, claims, actions and any liability of any kind, including damage to your or any other person's computer or wireless device, resulting from, arising out of, or in connection with your participation in the Contest, including without limitation, your acceptance, possession, use, misuse or nonuse (including any travel or travel-related activity) of a prize, or your inability to access any web site or wireless service associated with this Contest.  Releasees shall not be liable for any loss or damage to baggage or the loss, theft or damage of cash, cameras, jewelry, securities, heirlooms, negotiable papers or other valuables. If the Grand Prize winner becomes disabled or cannot otherwise fully enjoy the Grand Prize due to illness, Sponsor shall have the option of: (1) being relieved of liability for fulfillment of the prize award; or (2) at Sponsor's sole discretion extending the period during which such prize may be awarded for a period equal to the duration of the winner's disability or illness, in which case certain prize components may not be available. The Grand Prize winner must prove such disability by a doctor's certificate, which certificate shall be endorsed by another physician agreeable to Sponsor and Grand Prize winner at Sponsor's expense. Sponsor's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision; entrants further agree that in any cause of action, the Releasees' liability will be limited to the cost of entering and participating in the Contest, and in no event shall the Releasees be liable for attorneys' fees and/or experts' fees and costs. Entrants waive the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages. You agree that the laws of the State of California will govern any and all disputes. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or your and Sponsor's rights and obligations in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of California, without regard for conflicts of law doctrine, and all proceedings shall take place in San Francisco County, California.

If any provision of this Contest shall be deemed to violate any federal, state or local law, regulation or ordinance, it shall be amended to conform to such law and all other provisions shall remain in full force and effect. If Sponsor is required by applicable federal, state or local law, regulation or ordinance, or by action of an administrative agency to cease offering the Sweepstakes in any jurisdiction, Sponsor reserves the right to (i) terminate the Contest in such jurisdiction or in its entirety, and/or (ii) cancel and remove from participation in the Contest any and/or all entries from entrants residing in such jurisdiction, without penalty and without obligation to any Contest entrants.

As a condition of participating in this Contest, you agree that (1) under no circumstances will you be permitted to obtain awards for, and you hereby waive all rights to claim, punitive, incidental, consequential, or any other damages, other than for actual out-of-pocket expenses; (2) all 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 (3) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, but in no event attorneys' fees and experts' fees and costs. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above may not apply to you. Sponsor reserves the right to modify prize award procedures in Sponsor's sole and absolute discretion.

If in the Sponsor's opinion, there is any suspected or actual evidence of electronic or non-electronic tampering with any portion of the Contest, or if any computer virus, bugs, unauthorized intervention, fraud, or technical difficulties or failures compromise or corrupt or affect the administration, integrity, security, fairness, or proper conduct of the Contest, the Sponsor reserves the right in Sponsor's sole discretion to disqualify any individual who tampers with the entry process and/or void any entries submitted fraudulently, to modify or suspend the Contest, or to terminate the Contest and conduct judging based on the criteria set forth above to award the prize(s) using all eligible, non-suspect Entries received as of the termination date.  In the case of early termination, winner will be selected from eligible applications received up to the time of cancellation and mailed entries postmarked up to the date of termination and received up to seven (7) calendar days later.  In the event of a dispute regarding Entries received from multiple users having the same email account, the Authorized User of the e-mail account which was used to submit the Entry at the time of such submission will be deemed to be the entrant.  "Authorized User" is the natural person who is assigned an e-mail address by an Internet access provider, online service provider or organization (e.g., business, education institution, etc.) that is responsible for assigning e-mail addresses for the domain name associated with the e-mail address.

10.                Publicity: Except where prohibited by law, by entering the Contest, as a condition of participating in this Contest and winning a prize, you agree to the use by Sponsor and its designees of your name, photograph, and likeness for advertising and promotional purposes for this and similar promotions, worldwide, and in perpetuity, in any and all forms of media, now known or hereafter devised without additional compensation, review or approval rights, notification or permission, except where prohibited by law.  YOU FURTHER ACKNOWLEDGE THAT IF YOU ARE CHOSEN AS A WINNER, YOUR IDENTIFYING INFORMATION MAY BE DISCLOSED TO THIRD PARTIES INCLUDING, WITHOUT LIMITATION, BEING PLACED ON A WINNERS' LIST.   Notwithstanding anything to the contrary, this Section 10 shall not apply to a Winner who has indicated on his/her Affidavit that he/she wishes to remain anonymous.

11.                Winner List:  For a list of Winners, any person may mail a self addressed, adequately stamped, #10 business envelope to Winner List — Esurance Spring Snapshot Contest, Esurance, 650 Davis St., San Francisco CA 94111, to be received no later than May 30, 2008. WA and VT residents may omit return postage. No mechanically reproduced or photocopied requests allowed; only one (1) request per outer mailing envelope.

12.                Opt Out.  If you do not wish to receive any further notice from Sponsor regarding contest offerings, send your name and address to: Esurance, Attn: Opt-Out, 650 Davis St., San Francisco, CA  94111.