1. TERMS AND CONDITIONS

Access to and use of www.sidetick.com (the "Website") is provided by Sidetick ("Sidetick") on the following terms. Throughout this Terms of Service, Sidetick maybe referred to as "we", "us", or "our" and you, the user of the Website, may be referred to as "you" or "your". You may not use or register for this site if you are under 13. In addition, if you are under the age of 18, you are certifying that your parents have agreed to the above terms and conditions on your behalf and their allowance to access this website shall act as their electronic signature to the same effect. Upon request, you shall provide the applicable social security number(s) as a condition precedent to receiving any prize or award from SideTick. If you do not agree to be bound by all of the following terms please do not access, use and/or download materials to the Website. Sidetick may change these terms from time to time and so you should check these terms regularly. Your continued use of the Website will be deemed acceptance of the updated or amended terms. If you do not agree to the changes, you should cease using this Website. By submitting your information, you affirm that you own or have access to a compatible operating system, web browser, email application, and either a printer or document download capabilities that will enable you to retain copies of all communications which we send to you electronically. If you require technical assistance regarding electronic records or electronicsignatures or have a matter appropriate for a customer service representative, please contact us via email at support@sidetick.com and we will be glad to assist you. To obtain a paper copy of any information that wesend to you electronically free of charge to you, please make your request via email at support@sidetick.com.

2. ACCEPTANCE OF TERMS

Sidetick welcomes you to the Website. Sidetick provides its service to you subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time at: www.sidetick.com. In addition, your use of Sidetick owned or operated services shall be subject to any posted guidelines or rules applicable to such services, which may be posted from time to time. All such guidelines or rules (including but not limited to our Spam Policy) are hereby incorporated by reference into the TOS.

Sidetick provides users with access to a rich collection of social media resources which may be accessed through any various medium or device now known or hereafter developed (the "Service"). You also understand and agree that the Service may include advertisements and that these advertisements are necessary for Sidetick to provide the Service. You also understand and agree that the Service may include certain communications from Sidetick, such as service announcements and administrative messages and that these communications are considered part of Sidetick membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new Sidetick properties, shall be subject to the TOS. You understand and agree that the Service is provided "AS-IS" and that Sidetick assumes no responsibility for the timeliness, deletion, misdelivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.

3. YOUR REGISTRATION OBLIGATIONS

In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Sidetick has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Sidetick has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). Please remember that the Service is designed to appeal to persons at least 13 years of age. Accordingly, persons under the age of 13 will not be allowed to register with Sidetick. Only one (1) Sidetick account per person and no more than two accounts per household.

4. SIDETICK PRIVACY POLICY

Certain information about you is subject to our Privacy Policy. Please see our privacy policy located at http://www.sidetick.com/privacy.php.

5. PASSWORD AND ACCOUNT SECURITY

You will receive a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Sidetick of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Sidetick cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.

6. MEMBER CONDUCT

You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not Sidetick, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. Sidetick does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will Sidetick be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.

You agree to not use the Service to:




a. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;




b. harm minors in any way;




c. impersonate any person or entity, including, but not limited to, a Sidetick official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;




d. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;




e. upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);




f. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;




g. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping) that are designated for such purpose (please read our complete Spam Policy);




h. upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;




i. disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;




j. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;




k. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Federal Trade Commission, U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;




l. provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;




m. "stalk" or otherwise harass another; and/or




n. collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs a through m above.

You acknowledge that Sidetick may or may not pre-screen Content, but that Sidetick and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via the Service. Without limiting the foregoing, Sidetick and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Sidetick or submitted to Sidetick, including without limitation information in Sidetick blogs and in all other parts of the Service.

You acknowledge, consent and agree that Sidetick may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of Sidetick, its users and the public.

You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Sidetick and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.

7. INTERSTATE NATURE OF COMMUNICATIONS ON SIDETICK NETWORK

When you register with Sidetick, you acknowledge that in using Sidetick services to send electronic communications (including but not limited to email, search queries, sending messages to other users of the Service and other Internet activities), you will be causing communications to be sent through Sidetick's computer networks, portions of which are located in the United States and portions of which may, in the exercise of Sidetick's sole discretion are located abroad. As a result, and also as a result of Sidetick's network architecture and business practices and the nature of electronic communications, even communications that seem to be intrastate in nature can result in the transmission of interstate communications regardless of where you are physically located at the time of transmission. Accordingly, by agreeing to this Terms of Service, you acknowledge that use of the service results in interstate data transmissions.

From time to time Sidetick will send you notices through to let you know about important changes to the Services. Such messages may not be received if you violate this TOS by accessing the Service in an unauthorized manner. Your agreement to this TOS constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed the Service in an authorized manner.

8. SPECIAL ADMONITIONS FOR INTERNATIONAL USE

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. Notwithstanding the foregoing, you recognize that the primary purpose of the Service is to provide service for residents of the United States and therefore you acknowledge that information posted may be inapplicable to residents of countries outside of the United States.

9. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE

Sidetick does not claim ownership of Content you submit or make available for inclusion on the Service. Nor does Sidetick claim ownership of materials posted on the Services by third parties. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant Sidetick the following worldwide, royalty-free and non-exclusive license(s), with respect to Content you submit or make available for inclusion on publicly accessible areas of Sidetick, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purposes of providing and promoting the specific Sidetick Group to which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or Sidetick removes such Content from the Service..

"Publicly accessible" areas of the Service are those areas of the Sidetick network of properties that are intended by Sidetick to be available to the general public.

10. SUBMISSIONS TO SERVICE

By submitting ideas, suggestions, documents, and/or proposals ("Contributions") to the Services through its suggestion or feedback webpages, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) Sidetick is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) Sidetick shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) Sidetick may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of Sidetick without any obligation of Sidetick to you; and (f) you are not entitled to any compensation or reimbursement of any kind from Sidetick under any circumstances.

11. INDEMNITY

You agree to indemnify and hold Sidetick and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.

12. NO RESALE OF SERVICE

You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service (including your Sidetick ID), use of the Service, or access to the Service.

13. GENERAL PRACTICES REGARDING USE AND STORAGE

You acknowledge that Sidetick may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that message board postings or other uploaded Content will be retained by the Service, the maximum disk space that will be allotted on Sidetick's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that Sidetick has no responsibility or liability for the deletion or failure to store any communications or other Content maintained or transmitted by the Service. You acknowledge that Sidetick reserves the right to log off accounts that are inactive for an extended period of time. Sidetick reserves the right to modify these general practices and limits from time to time.

14. MODIFICATIONS TO SERVICE

Sidetick reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Sidetick shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

15. TERMINATION

You agree that Sidetick may immediately terminate your Sidetick account and access to the Service for any reason or no reason. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, (g) engagement by you in fraudulent or illegal activities, and/or (h) nonpayment of any fees owed by you in connection with the Services. Termination of your Sidetick account includes (a) removal of access to all offerings within the Service, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring of further use of the Service. Further, you agree that all terminations for cause shall be made in Sidetick's sole discretion and that Sidetick shall not be liable to you or any third party for any termination of your account or access to the Service.

16. DEALINGS WITH ADVERTISERS

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Sidetick shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.

17. LINKS

The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Sidetick has no control over such sites and resources, you acknowledge and agree that Sidetick is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Sidetick shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

18. SIDETICK'S PROPRIETARY RIGHTS

You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or authorized by Sidetick or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part. You agree not to access the Service by any means other than through the interface that is provided by Sidetick for use in accessing the Service.

19. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:




a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Sidetick AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.




b. SIDETICK AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.




c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.




d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Sidetick OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

20. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT Sidetick AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Sidetick HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

21. EXCLUSIONS AND LIMITATIONS

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 19 AND 20 MAY NOT APPLY TO YOU.

22. SPECIAL ADMONITION FOR SERVICES RELATING TO FINANCIAL MATTERS

If you intend to create or join any service, receive or request any news, messages, alerts or other information from the Service concerning companies, stock quotes, investments or securities, the phrase "Let the investor beware" is apt. The Service is provided for informational purposes only, and no Content included in the Service is intended for trading or investing purposes. Sidetick and its licensors shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Service, and shall not be responsible or liable for any trading or investment decisions based on such information.

23. NO THIRD-PARTY BENEFICIARIES

You agree that, except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this agreement.

24. NOTICE

Sidetick may provide you with notices, including those regarding changes to the TOS, including by but not limited to email, regular mail, SMS, MMS, text message, postings on the Service, or other reasonable means now known or hereinafter developed.

25. TRADEMARK INFORMATION

The SIDETICK mark, Sidetick logo, TICKBUCK service mark, and other Sidetick logos and product and service names are trademarks of Sidetick Inc. (the "Sidetick Marks"). Without Sidetick's prior permission, you agree not to display or use in any manner the Sidetick Marks.

26. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT

Sidetick respects the intellectual property of others, and we ask our users to do the same. Sidetick may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Sidetick the following information:

a. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;




b. a description of the copyrighted work or other intellectual property that you claim has been infringed;




c. a description of where the material that you claim is infringing is located on the site;




d. your address, telephone number, and email address;




e. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;




f. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

Sidetick's Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:

By mail:

General Counsel's Office
SideTick, LLC
1100 Hammond Drive, #410-202
Sandy Springs, Georgia 30328.

By phone: 404-806-7589

By fax: (678) 802-2525

By email: support@sidetick.com

27. GENERAL INFORMATION

Entire Agreement . The TOS constitutes the entire agreement between you and Sidetick and governs your use of the Service, superseding any prior agreements between you and Sidetick with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Sidetick services, affiliate services, third-party content or third-party software.

Choice of Law and Forum. The TOS and the relationship between you and Sidetick shall be governed by the laws of the State of Georgia without regard to its conflict of law provisions. You and Sidetick agree to submit to the personal and exclusive jurisdiction of the courts located within Fulton County, Colorado.

Waiver and Severability of Terms. The failure of Sidetick to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.

No Right of Survivorship and Non-Transferability. You agree that your Sidetick account is non-transferable and any rights to your Sidetick ID or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.

Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.

The section titles in the TOS are for convenience only and have no legal or contractual effect.

28. VIOLATIONS

Please report any violations of the TOS to support@sidetick.com.

29. TICKBUCKS AND PRIZES

Tickbuck points may be given, at the sole and absolute discretion of SideTick for any reason including your personal participation in a variety of uses of the site, for example, your posting a comment on an existing blog may earn you Tickbuck points as may joining a SideTick community. SideTick reserves the absolute right to modify the Tickbuck points program or to terminate the program altogether at any time for any or no reason. When you have earned a good number of Tickbuck points, you may submit a request for redemption. If granted, you can trade your Tickbuck points for a prize(s). As of February 24, 2010, we will not be able to redeem Tickbucks after today from countries other than the following: United States, United Kingdom, Canada, Australia, New Zealand, and Israel. Sidetick members from countries other than those listed above, however, can earn points redeemable for a prize for obtaining U.S. friends. You are encouraged to join the SideTick group called Foreigners Making Money where open discussions have an available forum to discuss how people from all countries can make money on Sidetick. We do not issue Tickbuck points for referrals or new sign-ups that fall outside of the five above mentioned countries, measured by placement of the referred IP address.

Your use of the Website shall act as your electronic signature binding you to the terms and conditions contained in the SideTick Affidavit ofEligibility, Publicity Release and Liability Waiver for all prize winners. To review this document, [Click Here].

30. SIDETICK SWEEPSTAKES, PROMOTIONS AND PRIZES

From time to time Sidetick may conduct contests, sweepstakes and/or other giveaways (individually and collectively, "Promotion"). Unless specifically noted otherwise by Sidetick, these terms and conditions shall serve as the official rules for any such Promotion conducted by Sidetick. Sidetick may terminate, extend, suspend or alter any Promotion in its sole discretion.




a. ENTRY: No purchase necessary to participate or win. A purchase will not improve one's chance of winning. Void where prohibited. All federal, state and local taxes apply. You must be a registered member of Sidetick to participate in the Promotion. Entry into any Promotion will only be via the method specified by Sidetick in the Promotion's offer. Unless otherwise specified by Sidetick, you may enter as often as you wish. All entries must include the information requested by Sidetick to be eligible. Only one prize per person, household, email address and/or username will be allowed in any ninety (90) day period. All entries must be received within the time period stated by Sidetick during the Promotion's offer to be eligible to win a prize. Late and/or subsequent entries per person, per household per email address and/or username will be disqualified. Sidetick is not responsible for failure to receive an entry for any reason including but not limited to submission and/or transmission failures, technical malfunctions and/or other conditions beyond its reasonable control. Entries generated by script, macro or other automated means are void. All entries become the property of Sidetick and will not be acknowledged or returned.

b. ELIGIBILITY: To participate, you must be a legal US resident, thirteen (13) years of age or older at the time of entry. Employees and contractors of Sidetick, and its sponsors and advertising agencies, and members of the immediate family of any such persons are not eligible to participate and/or win. The term "immediate family" includes spouses, domestic partners, siblings, parents, children, grandparents, grandchildren, or other family extension, and any other persons residing at the same household whether or not related.

c. WINNER SELECTION: Sidetick's clock will be the official time keeper for all Promotions. Unless otherwise specified in the Promotion, winners will be chosen in a random drawing conducted by Sidetick. If a prize is offered to the first number of votes, posts, responses, "tweets," etc. (collectively, "Responses"), Sidetick will determine any such winners based on the order in which such Responses are received by Sidetick. In the event winners are selected based on the "best" submitted blog, message or other similar type of submission ("Submissions"), Sidetick will judge such Submissions and select the winners based equally on the originality and creativity of each Submission. All Submissions must be original unpublished works created by the individual entering such Submission. Winners will be notified within five (5) business days following the conclusion of the Promotion by an e-mail message and/or telephone. If a winner does not respond to such notification within five (5) business days and/or does not meet the stated eligibility requirements, such winner will be disqualified and Sidetick reserves the right to randomly select an alternate winner from the remaining eligible entries received for the applicable Promotion. Winners may be required to sign and return an Affidavit of Eligibility, Liability Release and, where legally permissible, a publicity release and/or provide other personal or tax information. Winners will have five (5) business days to provide all such information and to execute and return the Affidavit of Eligibility, Liability Release and publicity release (if required by Sidetick). By entering, participants in the Promotion release the Released Parties (defined below) from any claims, losses, injuries or damages of any kind resulting from participation in the Sweepstakes or the use or receipt of any prizes. The failure to comply with the foregoing requirements, or the return of any prize or prize notification as undeliverable may cause the winner to forfeit their prize and WE reserves the right to select an alternate winner. Sidetick's decisions concerning selection of winners, as well as all other matters relating to any Promotion, are final and binding. Odds of winning a Promotion will depend on the number of eligible entries received for the applicable Promotion.

d. PRIZES: The number and value of prizes awarded in any Promotion will vary, but in no event will the total of value of any prizes awarded in any Promotion exceed $5000. Prizes may not be substituted, transferred or assigned except at Sidetick's sole discretion. Prize includes only what is specified in the prize description. Winners of concert/event tickets must be available to attend such concert/event on the date specified or another winner will be selected by Sidetick. Sidetick will not consider or fulfill any requests for additional or alternate prizes, including but not limited to requests for additional tickets, upgrades and/or alternate dates or seating. All prizes will be awarded.

e. LIMITATION ON LIABILITY: ENTRANTS RELEASE, DISCHARGE, AND AGREE TO INDEMNIFY AND HOLD HARMLESS, SIDETICK AND ITS RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS AND REPRESENTATIVES (THE "RELEASED PARTIES") FROM AND AGAINST ANY LIABILITY FOR ANY DAMAGES, INJURY OR LOSSES (INCLUDING DEATH) TO ANY PERSON, OR PROPERTY, OF ANY KIND RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY FROM ACCEPTANCE, POSSESSION, MISUSE OR USE OF ANY PRIZE OR PARTICIPATION IN ANY SWEEPSTAKES RELATED ACTIVITY OR PARTICIPATION IN ANY PROMOTION CONDUCTED BY SPONSOR.

f. GENERAL CONDITIONS: Illegible, unintelligible or incomplete entries or responses will be disqualified. The Released Parties are not responsible for any lost, late, misdirected, stolen or undelivered entries. The Released Parties are not responsible for technical, network, electronic, computer, hardware or software failures of any kind, including any injury or damage to entrant's or any other person's computer related to or resulting from participating in or downloading any materials related to any Promotion. The Released Parties are not responsible for incomplete, garbled or delayed Internet/e-mail computer entries or for any malfunction or technical errors occurring on any social media site on which a Promotion is conducted. In the event that technical or other circumstances compromise a Promotion, Sidetick reserves the right to cancel, modify or terminate the Promotion, and/or to select winners for prizes from all eligible entries received prior to the cancellation. The Released Parties are not responsible for typographical errors in the Promotion, any social media site or these rules.

g. CLAIMS/CHOICE OF LAW: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant in connection with any Promotion, shall be governed by, and construed in accordance with, the laws of the State of Georgia, without regard for conflicts of law doctrine, and all proceedings shall take place in the State of Georgia. All participants who enter a Promotion agree to submit to the exclusive jurisdiction of the courts of the State of Georgia and agree to waive the right to a jury trial with respect to any claim or dispute with regard to any aspect of any Promotion or these Official Rules. Any and all claims, judgments and awards in connection with a Promotion shall be limited to actual out-of-pocket costs incurred in connection with such Promotion but in no event attorneys fees; and under no circumstances will an entrant be permitted to obtain awards for, and entrants hereby waive all rights to claim punitive, incidental and consequential damages and any other damages, other than actual out-of-pocket expenses, and any and hereby waives all rights to have damages multiplied or otherwise increased.

h. PUBLICITY/RELEASE: Except where prohibited by law or regulation, by entering and/or accepting a prize you grant Sidetick permission to use your name, username/online alias, likeness, and statements for any purpose in reference to a Promotion without additional compensation, consideration or consent. Sidetick's use of all information collected from participants will be in accordance with its privacy policy, found at http://www.sidetick.com/privacy.php. Sidetick reserves the right to use any Response or Submission in all print and electronic media, and to edit any Response or Submission for brevity and clarity.

i. WINNER'S LIST: For the names of the winner(s) of a Promotion, please email support@sidetick.com within thirty (30) days following the conclusion of the applicable Promotion.

31. OUTWARD PRIVACY CONTROL

You are in complete control over your privacy settings, the email you send, the pictures you post, the entries you blog, the notifications you receive, and other aspects of your SideTick account. You decide how and when and what personal information is shared about you. Share as much or a little as you like, but we do require you to share your profile name and so upon completion of the registration process, your profile name is disclosed to all users of the Website. Upon signing up at SideTick, you are making your information publically available to everyone. By default, all settings are turned on. You may change your settings by going to "Profile" tab and following the directions addressed therein under the "Privacy Settings" tab.

 

(rev'd 8/25/10)