Bounty Hunter!

RETAILMENOT – BOUNTY HUNTER REFERRAL CONTEST

TERMS AND CONDITIONS

These are the terms and conditions (“Rules”) for the RetailMeNot Bounty Hunter Referral Contest (“Contest”) sponsored by WhaleShark Media, Inc. (“RetailMeNot”). By entering this Contest, you agree to be bound by these Rules and any decisions of RetailMeNot regarding this Contest.

1. The object of this Contest is to refer a friend (or yourself) for employment. If your referral is hired in accordance with the Rules, you will earn a bonus.

2. The Contest will commence at 12:01 AM Central Standard Time (“CST”) on February 25, 2013 and will end at 12:01 AM Central Standard Time (“CST”) on March 10, 2013 (the “Contest Period”). The computer used to collect entries will serve as the official clock for this Contest. RetailMeNot reserves the right to cancel this Contest at any time.

3. You must be at least 18 years old or the age of majority in your state of residence, whichever is older, and a resident of the 50 United States and the District of Columbia to enter. Employees of RetailMeNot and its subsidiaries, affiliates and other related entities, and any entity involved in the administration or operation of this Contest, and the immediate family (spouse, child, parent, grandparent, grandchild) of such employees or persons living in the same household of such employees are not eligible to enter.

4. You can enter the Contest up to 5 times in the following way:

Complete the entry form posted here during the Contest Period or email the entry form information to SXSW@whalesharkmedia.com.  The entry form will require you to provide the name and email address of a friend who might be interested in working for RetailMeNot.  You may refer yourself as well! Once you complete the entry form, RetailMeNot will send an email on your behalf to your referral asking them to apply for a job at RetailMeNot. If your referral applies, is hired within four months of the end of the Contest Period, and remains a full-time regular employee for at least ninety (90) days after being hired, subject to these Rules, RetailMeNot will pay you a bonus (a “Bonus”) in the amount of:

·      Five Thousand Dollars ($5,000), if your referral is hired as an engineer or a VP or Director level position in product management, sales, marketing, or partner management;

·      Three Thousand Dollars ($3,000), if your referral is hired for a VP, Director or Management level position in business intelligence, corporate development, UI, UX or a visual design, or a position in partner management or sales, or a Management level position in product management; or

·      One Thousand Dollars ($1,000), if your referral is hired for any other technology, business intelligence, and finance positions.

All amounts stated in these Rules are in United States dollars.  Payment of a Bonus will be made within thirty (30) days after the ninety (90) day anniversary of your referral’s employment.

Please note that you represent and warrant to RetailMeNot that you have an existing business or personal relationship with each friend you refer. You should only refer friends that you know would wish to receive an email from RetailMeNot requesting that they apply for a job. Without limiting the generality of the foregoing, you must not submit any random names or e-mail addresses. By providing us with email addresses of your friends for transaction purposes, you are affirmatively requesting and authorizing RetailMeNot to send them an email, as outlined herein, on your behalf.  For a referral to qualify for a Bonus, the entry form listing the referral must be received by RetailMeNot before or at the same time that the referral submits an application (e.g., a resume) to RetailMeNot.  All entry information is subject to the RetailMeNot.com privacy policy located at: http://www.retailmenot.com/static/privacy/

5. Entries made by any other individual, including but not limited to commercial sweepstakes subscription notification and/or entering services, and/or through other third-party websites, automated means or software programs are prohibited and will be declared invalid and disqualified for this Contest. RetailMeNot reserves the right to terminate, suspend or modify the Contest if, at its sole discretion, it determines that for any reason the Contest is not capable of running as originally planned, or fraud, technical failures, printing, mailing or distribution errors, or any other unanticipated causes or occurrences have compromised the fairness or integrity of the Contest.

6.  If, for any reason, more bona fide entrants claim a Bonus with respect to the same referred friend, the Bonus will be awarded to the entrant who first referred the referred friend.

7. The odds of winning depend on a number of factors including: an entrant’s selection of a referred friend with exceptional skills and work experience, the number and type of job openings that RetailMeNot has available, and the fit of the referred friend with RetailMeNot (as determined by RetailMeNot in its sole discretion).

8. If you qualify for a Bonus, reasonable efforts will be made to contact you via email at the address you provided on your entry form. Before any Bonus is paid, you must be confirmed as satisfying these Rules before you are declared a winner. [If a winner does not respond to a second notification via email within 48 hours, that potential winner will forfeit his/her Bonus.

9. Before receiving a Bonus, you may be required to execute an Affidavit of Eligibility, a Liability Release, and, except where prohibited by law, a Publicity Release and if required for tax reporting purposes, to provide their tax identification number by completing a Form W-9 (collectively the “Winner Documents”) as a condition to winning the Bonus. Any potential winner that fails to return the Winner Documents within seven (7) days of their being sent by the RetailMeNot will forfeit his/her Bonus.

10. There are no substitutions, including cash substitutions, for prizes. Prizes are not transferable.    Please review those terms when you receive it.  ALL PRIZES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND RETAILMENOT HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT.

11. All federal, state/provincial/territorial, and local taxes, fees and surcharges (whether foreign or domestic, and including income, sales, and import taxes) on Bonuses are the sole responsibility of the contest winners.

12. Only the type and quantity of Bonuses described in these Rules will be awarded. These Rules cannot be modified or amended in any way except in a written document issued in accordance with law by a duly authorized representative of RetailMeNot. The invalidity or unenforceability of any provision of these Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.

13. Limitation of Liability: By entering, entrants agree that RetailMeNot and its parents, subsidiaries, affiliates, directors, officers, employees, and agents (collectively, the “Released Parties”) shall have no liability for any liability, loss, injury or damage, including, without limitation, personal injury, death or damage to personal or real property, to entrant or any other person or entity due in whole or in part, directly or indirectly, by reason of the acceptance, possession, use or misuse of any prize or their participation in this Contest.

14. RetailMeNot reserves the right in its sole discretion to disqualify any individual who is found to be tampering with the entry process or the operation of the Contest, to be acting in violation of these Rules, to be sending unsolicited contacts or spamming, or to be acting with the intent to disrupt or undermine the legitimate operation of the Contest, or to annoy, abuse, threaten or harass any other person, and RetailMeNot reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law.

15. ENTRANTS AGREE THAT ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR IN CONNECTION WITH THE CONTEST OR ANY BONUS AWARDED SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION, AND ENTRANTS HEREBY CONSENT TO THE EXCLUSIVE JURISDICTION OF THE STATE AND FEDERAL COURTS FOR TRAVIS COUNTY, TEXAS. THESE RULES WILL BE GOVERNED AND INTERPRETED ACCORDING TO THE LAWS OF THE STATE OF TEXAS, WITHOUT REGARD TO ITS CHOICE OF LAW PRINCIPLES. THE REMEDY FOR ANY CLAIM BY ENTRANT SHALL BE LIMITED TO ACTUAL DAMAGES AND IN NO EVENT SHALL BE GREATER THAN ANY AMOUNTS RECEIVED OR RECEIVABLE AS BONUSES BY AN ENTRANT, AND IN NO EVENT SHALL ENTRANT BE ENTITLED TO RECOVER PUNITIVE, EXEMPLARY, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, INCLUDING ATTORNEYS’ FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF.