Articulate Guru Awards Contest Official Rules

ELIGIBILITY: In order to participate in the Articulate Guru Awards Contest (the "Contest"), a participant must be at least the age of majority in his or her jurisdiction of residence. Employees and directors of Articulate Global, Inc., its subsidiaries and affiliates (collectively "Articulate"), advertising and promotion agencies and their immediate family or household members are not eligible. Void in the Province of Quebec and where otherwise prohibited by law. Each participant agrees to hold Articulate and its advertising and promotion agencies harmless should this Contest be invalid in the participant's country, state or province of residence. Participation in this Contest constitutes participant's full and unconditional agreement to and acceptance of these Official Rules.

PROMOTIONAL PERIOD: Promotional period begins November 17, 2008 at 4:00pm EST and ends February 18, 2009 at 11:59pm EST ("Promotional Period").

HOW TO ENTER:
To enter the Contest, a participant must create an original interactive e-learning course ("Course") using any Articulate® product. Courses must be submitted to Articulate by the end of the Promotional Period in order to be considered. Articulate shall be free to use and modify submitted content for promotional use without obligation or restriction of any kind on account of intellectual property rights or otherwise. No purchase is necessary to enter. All information required at registration is necessary to be considered a valid entry.

PRIZE: The First Prize to be awarded during the Promotional Period will be one (1) cash prize in the amount of US$1,500. The Second Prize to be awarded during the Promotional Period will be one (1) cash prize in the amount of US$500. Finally, the Third Prize to be awarded during the Promotional Period will be one (1) cash prize in the amount of US$250. All Taxes, service subscription and all other costs not expressly specified as provided by Articulate herein are the sole responsibility of the winner. The cash prizes are not transferable to any individual or business entity. Cash prizes will be paid as a PayPal deposit. Participant is solely responsible for establishing a valid PayPal account to receive the cash prize. All prize winners will also be awarded two (2) licenses of Articulate Rapid E-Learning Studio '09 Pro to be donated to the participant's choice of not-for-profit charity or school.

SELECTION OF WINNERS: Judging of the entries and selection of the winners will be conducted by Articulate. The odds of winning will depend upon the number of entries received. The selected winners will be notified by telephone or email sent to the email address provided when the participant submitted her/his entry. If a selected participant cannot be contacted after fifteen (15) business days, this selected participant will be disqualified and another potential winner will be selected. All the decisions of Articulate are final and binding in all matters relating to this Contest.

GENERAL CONDITIONS: Before being declared winners, the selected participants will be required to execute and return the Contest' affidavit of eligibility and publicity/liability release within 7 days of receipt. Except where prohibited, participation in the Contest constitute participant's consent to Articulate's or its agents' use of participant's name, likeness, voice, opinions, biographical information, hometown, country, province and/or state for promotional purposes in any media without further payment or consideration. Each selected participant will also be required to provide proof that the selected participant is the authorized account holder/user of the electronic mail address associated with the selected entry. Failure to return documents timely, or if prize notification or prize is returned as non-deliverable, or if winner is found not to be in compliance with the Official Rules, or otherwise ineligible, disqualification may result with an alternate winner selected. In the event of a dispute as to the identity of a winner based on an email address, the winning entry will be declared made by the authorized account holder of the email address submitted at time of entry. "Authorized account holder" is defined as the natural person who is assigned to an email address by an Internet access provider, online service provider or other organizations (e.g. business, educational, institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address. Further, by accepting a prize, each winner releases and agrees to hold harmless Articulate, its affiliates, subsidiaries, advertising and promotion agencies and their respective directors, officers, employees, representatives and agents from any and all liability for any injuries, loss or damage of any kind to person, including death, and property, arising in whole or in part, directly or indirectly, from acceptance, possession, use or misuse of a prize, participation in any Contest related activity, or participation in this Contest. Articulate reserves the right, at its sole discretion, to disqualify any individual it finds, in its sole discretion, to be tampering with the entry process or the operation of the Contest or website; to be in violation of the Terms of Use of the website; to be acting in violation of the Official Rules; to be acting in a non-sportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. If for any reason this Contest is not capable of running as planned due to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which, in the sole opinion of Articulate, corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Contest, Articulate reserves the right to cancel, terminate, modify or suspend the Contest and conduct a random drawing to award the prizes using all eligible non-suspect entries received as of the termination date. If the Contest is terminated due to tampering or technical difficulties prior to its expiration date, notice will be posted at http://blog.articulate.com/.

ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, ARTICULATE RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.

LIMITATIONS OF LIABILITY: Articulate makes no representations or warranties of any kind, express or implied, regarding any prize, your participation in the Contest, any software used by the participant to enter this Contest. Articulate shall not be responsible or liable for any loss, damage, cost, or injury that arises from or relates to participation in the Contest, or winning or use of any prize. Without limiting the foregoing, Articulate assumes no responsibility for: (a) for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries; (b) any problems or technical malfunction of any telephone network or telephone lines, computer on-line systems, servers, or providers, computer equipment, software, failure of any e-mail or entry to be received by Articulate on account of technical problems, human error or traffic congestion on the Internet or at any website, or any combination thereof; (c) any incorrect or inaccurate capture of information or the failure to capture such information, whether caused by website users, or tampering or hacking, or by any of the equipment or programming associated with or utilized in the Contest and assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to the website; or (d) injury or damage to participants' or to any other person's computer related to or resulting from, directly or indirectly, participating in this Contest or downloading materials from or use of the website.

DISPUTES: Except where prohibited, as a condition of participating in this Contest, participant agrees that any and all disputes which cannot be resolved between the parties, claims and causes of action arising out of or connected with this Contest, or any prizes awarded, or the determination of winners shall be resolved individually, without resort to any form of class action exclusively by arbitration pursuant to the commercial arbitration rules of the American Arbitration Association, then in effect. Further, in any such dispute, under no circumstances will participant be permitted to obtain awards for, and hereby waives all rights to claim punitive, incidental or consequential damages, or any other damages, including attorneys' fees, and participant further waives all rights to have damages multiplied or increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of participant and Articulate in connection with this Contest, shall be governed by, and construed in accordance with, the laws of the State of New York, U.S.A., without giving effect to the conflict of laws rules thereof, and all proceedings shall take place in that State in the City of New York, County of New York.

PRIVACY AND USE OF PROMOTION INFORMATION: Articulate may collect personal information from you in connection with this Contest. Articulate reserves the right to use any information collected in accordance with its privacy policy which may be found at http://www.articulate.com/privacy.html

NAME OF PRIZE WINNERS: The names of winners will be posted at http://www.articulate.com/blog/announcing-the-winners-of-the-articulate-guru-awards-2009/.