User License Agreement

New Year 2012 Sweepstakes Lottery Special

Lottery Regulations

Definitions

In these Regulations, the following terms shall have the meaning given alongside each, unless otherwise indicated by the context:

“Lottery Organizer”	- PerionNetwork Ltd. Company No. 514522382;
“Supervisor”	- Limor Gershoni-Levy, Adv., of 4 HaNechoshet Street, Tel Aviv, Israel;
“Internet Site”	- The Internet Site that may be accessed by entering the address http://www.incredimail.com or any other Internet Site address as may be determined by the Lottery Organizer and/or its designee at its sole discretion.
“Participant”	- Any person who shall have submitted a Notice of Participation to the Lottery Organizer as set forth in Section 3 below;
“Registration Closing Time”	- December 31, 2011 at 24:00 hours;
“Lottery Draw”	- The technical process by which the Winners and Reserve Winners are chosen at random by the Lottery Organizer’s Computer System;
“Time of Lottery Draw”	- January 3, 2012 at 12:00 hours;
“Term of the Special Offer”	- From December 15, 2011 (first publication date) until December 31, 2011;
“Place of Lottery Draw”	- The offices of the Lottery Organizer, located at 4 Hanechoshet Street, Tel Aviv, Israel;
“Application”	- A package including five backgrounds in the spirit of the New Year, for the e-mail of the Lottery Organizer, which was developed and is given free of charge by the Lottery Organizer;
“Information File”	- An electronic file, that will be received by the Lottery Organizer on the Registration Closing Date, which will list the names of all the Lottery Participants who have filled out their personal details and submitted a Notice of Participation;
“Winner”	- Two Participants chosen by Lottery at the Time and Place of the Lottery Draw;
“Reserve Winners”	- Two additional Participants will be raffled and will become “Reserve Winners.” The Reserve Winners will be numbered in order of precedence and will serve as substitutes, in the event any one of the Winners is not found and/or is disqualified, as set forth in these Regulations. In any event in which any Winner is not found or is disqualified, he/she shall be replaced by the Reserve Winner that is ‘first in line’ from among the Reserve Winners;
“Computer System”	- A system consisting of a computer, peripheral equipment, software and a database, containing all the data received and successfully recorded by the Lottery Organizer, including the detailed information necessary for performance of the Lottery;
“Regulations”	- These Regulations as may be revised from time to time, as set forth in Section 17 below;
“Prize”	- 2 iPad2 Tablets, manufactured by Apple.

Background

The Lottery Organizer is initiating a promotion of the installation of the Application (by the general public of Internet users, subject to Section 27 below), and to that end, is enabling participation in a Lottery in which two of the Participants who have filled out their particulars in the “Notice of Participation” (within the following definition thereof), will win a Prize, and all in accordance with and subject to the conditions of these Regulations (“Lottery”).

Conditions of participation
In order to participate in the Lottery Draw, each Participant must click on a link for participation in the Lottery, in which the Participant will be required to fill out his personal details including first name, surname, e-mail address, telephone number, address, country and age, on an Internet Participation Form, as shall be published by the Lottery Organizer (“Notice of Participation”). To dispel any doubt, it is stated that participation in the Lottery is not conditional on the Application being installed.
Notices of Participation shall be sent by the Participant to the Lottery Organizer, being filled out in full, and not later than the Registration Closing Time. Commencing as of the Registration Closing Time no further Notices of Participation shall be accepted.

The Lottery Draw
The Lottery shall be held in the manner and on the conditions set forth below:
5.1 Participation in the Lottery shall be permitted solely to Participants having submitted Notice of Participation on the Lottery Organizer;
5.2 The Lottery Draw shall take place at the Time and Place of Lottery Draw, through the use of the Lottery Organizer’s Computer System, which will randomly draw two Winners and five Reserve Winners, from the Information File received by the Lottery Organizer.
5.3 In case of a Force Majeure event or in the event that the Time of Lottery Draw coincides with a day on which the Lottery Draw is precluded from being held, or in the event that transmission of the Information File has not been successfully received by the Lottery Organizer by the time necessary for holding the Lottery, and all for any reason whatsoever, then the Lottery Organizer will hold the Lottery at the nearest possible time, and none of the Participants shall have any claim and/or complaint against the Lottery Organizer and/or the Supervisor and/or any of their designees in connection with the aforesaid.

Receipt of the Prizes
Following the Lottery Draw, the Lottery Organizer and/or its designee will attempt to establish contact with the Winners. Attempts to establish contact with the Winners will be made at reasonable intervals. On this occasion, the Lottery Organizer and/or its designee will verify the identity of the Winner.
For these purposes, “establishing contact” mean sending an e-mail message and/or holding a telephone conversation with the Winner on the basis of the personal details provided to the Lottery Organizer in the Notice of Participation.
Once the Lottery Organizer and/or its designee establishes contact with the Winners and has verified their identity as aforesaid, the Lottery Organizer will send the Prizes to the Winners, at its expense, via FCE Inco terms (2000) (the "Point of Delivery”), by means of a courier chosen at its discretion. The Prizes will be sent within 60 days of the notice having been provided to the Winners. It is stated that the procedure of sending the Prizes, including but not limited to, the choice of courier and the stipulation of the conditions for sending the Prize, will be made at the sole discretion of the Lottery Organizer, and neither the Winners and/or anyone on their behalf shall have any claims and/or complaints against the Lottery Organizer and/or any of its designees in connection with the sending of the Prize. Accordingly, it is stated that risk of loss shall pass to the Winner at the Point of Delivery.
If contact is not established with any of the Winners within a period of time that shall be no less than 30 days and/or insofar as the Winner is not in compliance with all the conditions of the Regulations, and/or the Winner shall have elected not to accept the Prize and shall have so notified the Lottery Organizer, then the Participant who has been declared as the Winner shall be disqualified and shall be deemed to have waived any rights herein, including without limitation rights to receive the Prize.
Upon occurrence of any of the foregoing instances set forth in Section 8 above, the Lottery Organizer and/or its designee will attempt to establish contact with a Reserve Winner (in accordance with the procedures set forth above) and to declare him a “Winner,” and so on and so forth, in accordance with the order of precedence of the Reserve Winners, until a Reserve Winner who is in compliance with all the conditions of the Regulations is determined. In the event of failure to find and/or disqualification of all the Winners and/or the Reserve Winners in the Lottery, the Lottery Organizer reserves the right, at its sole discretion, to proceed with the Prize however it may please, or to terminate the Lottery in its entirety, subject to legal provisions.
The results of the Lottery will be published on the Internet Site of the Lottery Organizer and in any other manner as it may deem fit, at its sole discretion. The published results will set forth the names of the Winners, the Prize they have won, the details of the Lottery Organizer, and the details of the Supervisor.

General provisions
By participating in the Lottery, the Participant represents and warrants to the Lottery Organizer and/or the Supervisor and/or any of their designees that, insofar as he/she may be drawn as a Winner in the Lottery, his win was not obtained in or did not result from any violation of the Regulations and/or in contravention of the provisions of any applicable laws, rules, and regulations, and the Participant shall be obligated to relinquish any rights granted to Participant hereunder, including without limitation returning the Prize to the Lottery Organizer, forthwith, to the extent that it is determined that he/she is not entitled thereto.
Each Participant shall be entitled to submit no more than Notice of Participation to the Lottery Organizer. The Lottery Organizer shall be entitled (but under no obligation) to disqualify any of the Participants or to cancel any document and/or agreement signed with the Participant if it is determined that such Participant has submitted more than one Notice of Participation.
The submission of a Notice of Participation in itself constitutes the Participant’s confirmation of receiving “advertising material” by means of “electronic notice” and/or Short Message Service within the definition of those terms in the Communications (Telecommunications and Broadcasting) Law, 5742 – 1982, from the Lottery Organizer and/or any of its designees in all matters related to its activity.
The right of participation in the Lottery and the right to win a Prize (as shall be given to the Winner) is personal and is not transferable to any other third party.
The Lottery Organizer is entitled to publish the results of the Lottery draw, including the names of the winning Participants, at its discretion. By the fact of participating in the Lottery, the Participant consents to the making of such publication.
The Participant assumes the sole responsibility for his participation in the Lottery. The Lottery Organizer, the Supervisor, its suppliers, agents and/or designees, disclaim all liability, express or implied, in respect of any damage and/or loss and/or expense (of any type whatsoever), either direct or indirect, including without limitation indirect consequential damages, and loss of income, that may be occasioned to the Participant and/or its designee in respect of his participation in the Lottery, including but not limited to, in respect of the Participant’s win or failure to win and/or the Prizes and/or their delivery and/or suitability and/or quality and/or good order and condition thereof. It is stated that by participating in the Lottery, the Participant in the Lottery exempts the Lottery Organizer, the Supervisor and any of its designees from any allegation and/or demand and/or claim whatsoever in all matters related to these Regulations and the Lottery, and provides final and absolute waiver of all such allegations, in the past, present and future. The Lottery Participants hereby represent and warrant that their covenant herewith is irrevocable and subject to neither cancellation nor modification.
The Prizes are not transferable, are not assignable, replaceable, modifiable or convertible and may not be upgraded by the Winners, with either money or with another product. The Lottery Prizes are given by the Lottery Organizer "AS IS." To the maximum extent permitted by law, the Lottery Organizer disclaims all other warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability and fitness for a particular purpose or use, suitability for a target country, adherence to any technical specifications, good order and condition, and/or absence of breach. The Prizes are subject to the conditions of use and the warranty (insofar as any is given) of the manufacturer.
Notwithstanding anything contained in the Regulations, the Lottery Organizer shall be entitled, at its sole discretion, to modify the provisions of the Regulations, including without limitation, to modify the conditions and/or the dates thereof, to add thereto and/or to derogate therefrom, to change the number of Winners and the Prizes, as well as to cancel the Lottery, at all times and as it sees fit.
Participation in the Lottery is prohibited to the Lottery Organizer, its aides, the Supervisor, their partners, their employees and the family members of each of the aforesaid. “Family member” for these purposes shall mean – a spouse, parents, offspring, brothers and sisters. A win or participation by a Participant whose participation is prohibited pursuant to this Section, is essentially null and void, and accordingly, even if for any reason such Participant shall have been notified that he has “won” and/or even if realization of the win has commenced and if, following the occurrence of one or more of the events set forth above, it is determined that any restriction on participation as set forth in this Section 19 applies to him, then his win shall be essentially null and void.
The Lottery Regulations are to be found on the Internet Site of the Lottery Organizer and may be viewed throughout the Term of the Special Offer, by clicking on the link that directs to the Lottery Regulations on the Internet Site.
Subject to Section 28 below, In any event of dispute between the Lottery Organizer and/or any of its designees and a Participant and/or a Winner and/or any other person, in any matter related to the Lottery, including the interpretation of the Regulations, the mode of conduct of the Lottery and/or the results thereof, the settling of the dispute shall be assigned solely to the Supervisor, and her decision shall be final, absolute and binding upon all the parties.
The Regulations are formulated in the masculine gender for reasons of convenience only, and wherever the masculine gender appears, the feminine gender is also implied.
In any event of any contradiction and incompatibility whatsoever between the provisions of the Regulations and any other publications whatsoever concerning the Lottery, the provisions of the Regulations shall prevail for all intents and purposes.
Any question concerning the Lottery should be addressed in writing to the Supervisor.
The Lottery will be held by the Lottery Organizer at the Place and Time of Lottery Draw in the presence of the Supervisor and/or her designee, and a representative of the Lottery Organizer.
The Winners of the Prizes shall be obliged to bear payment of any tax and/or payment, insofar as may be and/or that shall be imposed in respect of the receipt and/or realization and/or use of the prize and in no instance shall the Lottery Organizer be obligated in respect of such tax and/or payment.
The Lottery Organizer will not send the Lottery prize and/or will not declare a Participant as a “Winner,” to the extent that such Participant is a resident and/or a citizen of any one of the following countries: Cuba, Iraq, Libya, North Korea, Lebanon, Iran, Syria and/or any other country with which the State of Israel and/or the United States imposes a prohibition, on trading or otherwise, in accordance with the provisions of the law. By participating in the Lottery, the Participant agrees to the foregoing and represents and warrants that he is not located in, under the control of, or a national or resident of any such country. A win or participation by a Participant whose participation is prohibited pursuant to this Section 27 is essentially null and void, even if, for any reason, such Participant shall have been notified that he is a “Winner,” or has been notified that he has “won,” or if realization of the win has commenced and if, following the occurrence of one or more of the events set forth above, it is been determined that any restriction on participation as set forth in this Section applies to him, then his win shall be essentially null and void. In such instance, the Lottery Organizer will be entitled to declare as Winner the next Reserve Winner following him in the order of precedence.
The Lottery and any action related thereto, including without limitation, supervision of the Lottery, interpretation of the instruments and the Regulations, shall be governed, controlled, interpreted and defined by and under the laws of the State of Israel, without regard to the conflicts of law’s provisions thereof. Notwithstanding Section 21 above, the exclusive jurisdiction and venue of any action with respect to the subject matter of these Regulations shall be the competent courts residing in Tel Aviv and each of the parties hereto submits itself to the exclusive jurisdiction and venue of such courts for the purpose of any such action. The parties specifically disclaim the UN Convention on Contracts for the International Sale of Goods. By participating in the Lottery, the Participant takes upon himself and hereby consents to all matters set forth heretofore in this Section.
This Lottery is being held in accordance with the provisions of the General Permit for the Holding of Lotteries for Commercial Publicity, under the Penal Law, 5737 – 1977.