Contest Name: Blitz’ Hottest Bartender 2014 (the “Contest”)
Publication: Blitz (the “Publication”)
Publication Address: P.O. Box 295293, Lewisville, Texas 75029
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. PURCHASE DOES NOT INCREASE ODDS OF WINNING. Open to legal residents of the United States who are 21 years of age or older unless otherwise stated herein. Void outside Publication’s Designated Market Area (DMA) as defined by Publication and where prohibited. Do not enter this contest if you are not located in the DFW area at the time of entry. Odds of winning depend upon the number of eligible entries received during the Contest Period.
Blitz (the “Publication”) will conduct its contest substantially as described in the official contest rules, and by participating, each participant agrees as follows:
The Company may from time to time conduct contests concurrently and simultaneously with several participating companies owned and not owned by the Company, and in various States, and the Company may add or remove participating companies at any time during a contest as announced through the Publication’s web site.
The Contest is administered by the Company and any questions, comments or complaints regarding the Contest must be directed to the contest administrator. Entrant(s) acknowledges and understands that any information provided will be used for administering the Contest and in accordance with Blitz’ privacy practices found here. The Contest sponsor(s), promotional partners and administrator is herein collectively referred to as the Contest Entities.
Entries should be a photograph of you (contestant) and comply with the following:
• Must be FCC acceptable, including no use of indecent or obscene material or language.
• Content should not infringe or violate any copyright, patent, trademark, trade secret, right of publicity, or other intellectual property, proprietary, or contractual right of a third party.
• No defamatory or libelous material or material which discloses private or personal matters concerning any person, without such person’s consent.
• No content or material that is illegal, contains nudity or is sexually explicit, or by law, obscene, profane or pornographic.
• No misrepresentation or disparaging remarks about Sponsor or its products, or other people, products or companies.
• No content which implies or portrays graphic violence excessive use of alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing), any activities that may appear unsafe or dangerous.
• No content which is abusive or harassing towards any individual or group of individuals regarding race, sex, religion, creed, national origin, age, disability, gender identity or expression, sexual orientation or any legally protected classification. Specifically this includes, but is not limited to, epithets or slurs (such as the “N” word), threats, intimidations, or hostile acts.
• No content communicating messages or images inconsistent with the positive images and/or goodwill to which Sponsor wishes to associate.
• Must be socially acceptable and in good taste, as determined by the Publication in the Publication’s sole discretion.
• Cannot depict, and cannot itself, be in violation of any law.
• Cannot contain materials embodying the names, likenesses, photographs, or other indicia identifying any person, living or dead, without permission.
The Publication and sponsor(s) reserve the right to reject any entry, in their sole discretion, based on the terms set forth herein as well as current broadcast standards and other operating practices and policies established by the Publication. Publication reserves the right to waive the Contest entry requirements set forth herein in its reasonable discretion. ENTRIES POSTED TO THE WEBSITE WERE NOT EDITED BY THE PUBLICATION OR SPONSOR(S) AND ARE THE VIEWS/OPINIONS OF THE INDIVIDUAL ENTRANT AND DO NOT REFLECT THE VIEWS OF THE COMPANY OR SPONSOR(S) IN ANY MANNER. Any waiver of any obligation hereunder by the Publication or Sponsor(s) does not constitute a general waiver of any obligation to entrants. The Company reserves the right, in its reasonable discretion, during or upon completion of the Promotion Period, to request that any entrant resubmit her Entry which fails to comply with the Contest entry requirements prior to any judging or voting period.
WARRANTY:
By submitting an Entry you warrant and represent that the Entry is an original work, created solely by you (or by yourself and others who have each granted you authority to license the rights stated herein), and that the use of the Entry as licensed hereunder does not infringe on any third party’s intellectual property rights, including copyrights, trademarks or other proprietary or personal rights. You warrant and represent that the Entry does not contain defamatory, inaccurate, abusive, obscene, profane, sexually oriented, or threatening material. The recorded or photographed material submitted shall be that of your own and/or you control 100% of the rights to the publishing. The Entry shall be free and clear of any claims by any person whose performances, images or depictions are embodied in the work, or any person rendering services in connection with the work. The Entry shall not contain any materials owned or controlled by a third party for which you have not obtained a license. The Publication reserves the right to remove and Entry that it deems to be in violation of these Official Rules.
CONDITIONS ON PARTICIPATION:
By participating, you agree (a) to be bound by these Official Rules; (b) as between you and the Publication and the Contest Sponsor(s), that the decisions of the Publication is final on all matters relating to the Contest; (c) you are not participating on behalf of any employer or third party; and (d) if you are granting rights to the entry submitted in the Contest and is a party to any third party agreement with a publishing company or any other third party, such agreement does interfere with the rights granted to the entry in this Contest and/or receipt of any of the prizes listed herein, nor will you (or you and others who have each granted you authority to license the rights stated herein) enter into an agreement with any entity that would grant or transfer any rights of your entry submitted herein.
OWNERSHIP AND ENTRY LICENSE GRANTED:
By entering you are not required to transfer ownership over your entry to anyone. However, in consideration of the chance to win a prize hereunder, by submitting the Entry to us, you hereby grant to us a worldwide, non-exclusive, non-restrictive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, transmit, make available, prepare derivative works of, display, and perform the Entry (including any title of the Entry and your name and likeness) in connection with the Publication and the Contest (and all places where some or all content from the Publication’s website is available) and otherwise in connection with the Publication’s and the Company’s businesses, including without limitation for promoting and redistributing part or all of the Publication, its website, or in any media formats and through any media channels now known or hereinafter developed without time limitation. You also hereby grant each user of the Publication’s website a non-exclusive license to access the Entry. If you do not want grant the rights as set forth herein, please do not participate in the Contest.
PUBLICITY RELEASE:
Additionally, you agree to grant to the Publication all rights to use any Entry that you submit, and the image, likeness, voice, name and photographs in the Entry or otherwise submitted or provided by you in any publicity or advertising relating to the Entry or the Publication and the Contest, without compensation or approval (except where prohibited by law) in any and all media now known or hereinafter developed without territorial, time or other limitations.
INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS:
If you think that any Entry infringes your intellectual property rights, click and wish to report it, send an email to [email protected]
1. Description of Contest/Participation.
A. Dates of Contest: Contest will begin September 8, 2014 at 10am CST and end September 14, 2014 at 11:59pm CST (“Contest Period”).
B. How to Enter: All entries must follow the Entry Guidelines set forth above. Submit your entry by sending your image via email, Blitz Weekly’s Facebook, Twitter and Instagram accounts. Deadline for registration is 11:59 p.m. on September 7, 2014. Valid contest entries must contain all information requested. Incomplete and/or multiple entries will be disqualified. One entry per person for the entire duration of the contest. Valid entries must contain all information requested. Incomplete and/or multiple entries will be disqualified.
BY ENTERING THE CONTEST, YOU ARE VERIFYING THAT YOU ARE THE OWNER AND PRODUCER OF THE SUBMITTED MATERIAL AND THAT NO THIRD PARTY OWNERSHIP RIGHTS EXIST TO THE MATERIAL SUBMITTED WHICH WOULD RESTRICT THE RIGHTS GRANTED HEREUNDER. YOUR SUBMITTED RECORDING WILL NOT BE RETURNED AND YOU WILL NOT BE PERMITTED TO USE THE SUBMISSION FOR ANY COMMERCIAL USE AFTER IT HAS BEEN SUBMITTED.
Entries are subject to any applicable restrictions or eligibility requirements listed herein. Entries will be deemed made by the authorized account holder of the email or telephone phone number submitted at the time of entry and qualification. Incomplete and/or multiple entries will be disqualified. Use of any device to automate entry is prohibited. The Publication is not responsible for entries not received due to difficulty accessing the internet, service outage or delays, computer difficulties and other technological problems. The Publication is not responsible for lost, late, illegible, misdirected, mutilated, postage-due or incomplete entries or mail. Multiple participants are not permitted to share the same email address. Should multiple users of the same e-mail account or mobile phone number, as applicable, enter the Contest and a dispute thereafter arise regarding the identity of the entrant, the authorized account holder of said e-mail account or mobile phone account at the time of entry will be considered the entrant. “Authorized account holder” is defined as the natural person who is assigned an e-mail address or mobile phone number by an Internet access provider, on-line service provider, mobile service provider or other organization which is responsible for assigning e-mail addresses, mobile phone numbers or the domain associated with the submitted e-mail address. Proof of submission of an entry shall not be deemed proof of receipt by the website administrator for online entries. When applicable the website administrator’s computer will be deemed the official time keeping device for the Contest promotion. Contest entries must contain all information requested and must be received on or before the deadline for registration to be deemed valid. All Entries become the property of the Publication and will not be receipt acknowledged or returned.
C. How to Play – Voting Period:
• At the end of the registration period the Publication will select a panel of judges to determine the 10 entrants selected to advance to the next phase of the Contest. The 10 entrants will be selected based on the following judging criteria: Originality of the subject; Personality photographed; the photo quality.
Beginning Monday, September 8, 2014 at 10:00 a.m. the Publication will post the 10 finalists on its Facebook site and invite readers to vote for their favorite photo, based on the criteria listed above.
Voting will take place in one (1) round:
Round 1: Beginning September 8, 2014 at 10:00 a.m. the Publication will post 10 Finalists on its Facebook site and invite readers to vote for their favorite photo, based on the above voting criteria. Deadline to vote is 11:59 p.m. September 14, 2014. The entrant to receive the most number of votes will be crowed the Grand Prize winner and announced on September 24th, 2014.
By participating in the voting portion of this Contest, each voting participant agrees to be bound by these official Contest rules.
Voting is limited to one vote via Blitz’ Facebook page. If an entrant receives multiple and/or irregular votes or multiple votes from the same user or users in the same day, including but not limited to, votes generated by a robotic, programmed, script, macro, other automated means or other source, the Publication reserves the right to disqualify the finalist in its sole discretion.
D. How to Win:
At the conclusion of the Round 1 voting period the Publication will select the Grand Prize Winner based on the photo which received the most votes in Round 1.
In the event of two or more contestants have the same number of votes; the Publication will select a panel of judges to select the finalist based on the judging criteria, listed above. All decisions of the judges will be final.
The potential winner must be available to participate when applicable to be eligible for the Grand Prize in any portion to the contest that participation may be required. No more prizes other than the stated prize(s) below will be awarded. The Publication reserves at its sole discretion the right to choose an alternative qualifier in the event that that a qualifier has been disqualified or is deemed ineligible. If the entrant is unable to verify registration information the entrant will automatically be disqualified and their prize will be forfeited. The Publication, in its sole discretion, reserves the right to select an alternate entry at that time. The Publication is not responsible for any change of email address, mailing address and/or telephone number of entrants. Notification is deemed to have occurred immediately upon placing of a phone call or sending of an e-mail or any other form of communication Publication may use to contact the qualifier and/or a potential winner. The Publication is not obligated to leave voice mail, answering machine or other message. The Contest Entities are not responsible for and shall not be liable for late, misdirected or unsuccessful efforts to notify a qualifier or potential winners or for any late, misdirected, or if the qualifier or potential winner is a minor, for late, misdirected, or unsuccessful efforts of the entrant to provide signed parental or guardian consent. If the potential winner does not claim the prize within the appropriate time given upon notification or unless otherwise stated herein, the entrant will automatically be disqualified and their prize will be forfeited, no alternative prize will be substituted. Furthermore eligible contestants agree as follows: All decisions of the judges will be final. By participating, you agree (a) to be bound by these Official Rules; (b) as between you and the Publication, that the decisions of the Publication is final on all matters relating to the Contest; (c) you are not participating on behalf of any employer or third party; (d) in the event that you not comply with the rules, then the eligible winner will be disqualified. The Publication, in its sole discretion, reserves the right to select an alternate qualifier and/or potential winner at that time.
2. Prize(s). The prize(s) that may be awarded to the eligible winner(s) are:
One Grand Prize Winner to receive the following (subject to approval from employer):
• $50.00 Gift Card from Victoria’s Secret
• $100.00 Gift Card from Visa
• $50.00 Gift Card from Fox & Hound
• 2 Tickets to Concert TBD from Granada Theater. Prize Value: $49.00
• Photo Shoot from Blitz Photographer. Prize Value: $350.00
Total prize value $599.00.
Conditions and restrictions may apply. The prize(s) that may be awarded to the eligible winner(s) are not transferable, redeemable for cash or exchangeable for any other prize, except in Publication’s sole discretion. All prizes must be redeemed from the Publication within 30 days of the contest end date unless otherwise stated in the contest’s official rules or unless required as in date specific prizes. Certain prizes are date specific (i.e. concerts, trips) and the winner or winners must be available on the dates specified. If the winner is not available on the specified dates, winner will be disqualified and the Publication reserves the right to choose an alternative prize winner. For certain prizes which are date specific such as event or concert tickets, the Publication is not responsible for the cancellation or rescheduling of any event and no substitution or compensation shall be awarded. Publication reserves the right to not award the grand prize associated with that canceled event or concert, without any payment or obligation to the winner or potential winner. Location of seats and tickets are in Publication’s sole discretion or may be predetermined as supplied by the Sponsor. Winners are solely responsible for any taxes on their respective prizes. No cash equivalent or substitution of any prize is offered, except at the sole discretion of the Publication. If a prize, or any portion thereof, cannot be awarded for any reason, Publication reserves the right to substitute such prize with another prize of equal or greater value, as determined by the Publication in its sole discretion. Winner(s) must present state authorized identification prior to being awarded the prize. If a winner cannot be contacted or is disqualified for any reason, the Publication reserves the right to determine an alternate winner or not to award that winner’s prize, in its sole discretion. If actual value of the prize is less than the stated ARV, or the winner or his/her guest(s) and/or eligible travel companion(s) forfeit, do not use, or are determined ineligible for any portion of the prize, the winner will not receive the difference between the actual and approximate retail value, and such difference will be forfeited. ALL PRIZES ARE AWARDED “AS IS” AND WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE), AND ALL SUCH WARRANTIES ARE HEREBY DISCLAIMED. No more than the advertised number of prizes will be awarded.
Prize Conditions and Restrictions:
The Grand Prize is subject to certain terms and conditions as specified herein. Winner and guest must comply with all rules and regulations. Failure to do so may result in forfeiture of prize in its entirety. The prize elements will be awarded as described herein (subject to legal restrictions, etc). If the winner is disqualified or is found to be ineligible for the contest, the Publication reserves the right to determine an alternate winner or not to award the prize, at its sole discretion. By accepting the prize, Grand Prize Winner must agree to the prize conditions on participation and must sign a release to be eligible to receive a prize and hereby agrees that: (i) that all decisions of the Publication, judges, and Contest Entities with respect to the Contest are final and binding; (ii) to release the Publication and sponsors and their respective parent companies and affiliates, officers, directors, employees, agents, and licensees from any and all claims in connection with the Contest and the award or use of the prizes; (iii) to allow the Publication to and sponsors to use their names, photographs, likenesses, biographical material, in any advertising or broadcasting material relating to this contest, without additional financial or other compensation; and (iv) where allowed by law, sign a publicity release confirming such consent prior to acceptance of the prize. The Contest Entities are not responsible or liable to any entrant or winner or any person claiming through such entrant or winner for failure to supply the prize or any part thereof, by reason of any acts of God, any action, regulation, order or request by any governmental or quasi-governmental entity (whether or not the action, regulations, order or request proves to be invalid), equipment failure, threatened terrorist acts, terrorist acts, air raid, blackout, act of public enemy, earthquake, volcanic eruption, war (declared or undeclared), fire, flood, epidemic, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal) labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any other cause beyond the Contest Entities’ sole control. All other costs and expenses related to prize acceptance and use not specified herein as being provided are the sole responsibility of Grand Prize winner. Publication does not make, and is not responsible in any manner for, any warranties, representations, or guarantees, express or implied, in fact or law, relating to any prizes, regarding the use, value or enjoyment of the prize, including, without limitation, its quality, mechanical condition, or fitness for a particular purpose. The Publication will have no further obligation to winner.
3. Eligibility and Limitations. Must be 21 years or older, currently employed as a bartender at the time of entry and when the prize is awarded, at a lawful establishment licensed to sell beer, wine and alcohol under state law, located within the designated market area. Participants and winner(s) must be at least 21-years old, as of the date of entry and prize award as determined by the Publication and is a legal resident of the 50 U.S. or D.C. Participants and winners must reside within the Publication’s Designated Market Area (DMA) as defined by Publication. Commonly the DMA represents a publications total readership market audience in a geographic area. If the Contest is open to minors, a parent or guardian of any participant who is a minor must sign a release on behalf of the minor to be eligible to receive a prize, but the Publication reserves the right to refuse to award a prize to or on behalf of any minor. Unless otherwise stated in the Official Contest Rules, only one (1) entry per person and only one (1) prize per household for the Contest and for any thirty (30) day period. If the Contest involves reader participation by voting for a Contest participant on the publication’s website then the voting is limited to one vote per person. If a contestant receives multiple and/or irregular votes from the same user or users, regardless of the source, the Publication reserves the right to disqualify the Contestant its sole discretion. The potential prize winner and, if the potential prize winner is under the age of the majority in their state of residence (which is eighteen (18) in most states but is nineteen (19) in Alabama and Nebraska and twenty-one (21) in Mississippi), the potential prize winner’s parent or guardian, may (in Company’s sole discretion) be required to sign and return any form necessary to verify eligibility, along with the required releases within twenty four (24) hours after the first (1st) delivery attempt to entrants e-mail address in order for the potential prize winner to be qualified for the prize, unless otherwise stated herein or at the time of notification. The potential prize winner’s failure to return all required forms within this time period may result in the potential winner being disqualified and an alternate winner may be selected from all remaining eligible entries. Notwithstanding the determined age requirement set forth above, it is strictly prohibited for anyone who does not meet the age requirement at the time of entry to be allowed to participate in the contest and no one under the age of eighteen (18) shall be permitted to enter any Contests at anytime, under any circumstances. Employees of the Company, the Publication, the Contest’s participating sponsors and their advertising agencies, employees of other publications, radio or television stations, and members of the immediate family of any such persons are not eligible to participate or win. The term “immediate family” includes spouses, siblings, parents, children, grandparents, and grandchildren, whether as “in-laws,” or by current or past marriage(s), remarriage(s), adoption, co-habitation or other family extension, and any other persons residing at the same household whether or not related.
4. Tampering and Delivery Disclaimer. (a) The Publication, in its sole discretion, reserves the right to disqualify and prohibit from participating any person, who The Publication determines (in its sole discretion) is or is attempting to: (i) tamper with The Publication’s Website and/or any part of the Contest; (ii) attempting to undermine the legitimate operation of the Contest by cheating, deception, or other unfair playing practices, (iii) intending to annoy, abuse, threaten or harass any other participants or The Publication’s Agents; and/or (iv) otherwise violating these Official Rules or the Terms of Use of The Publication’s Website. (b) ANY ATTEMPT TO DELIBERATELY DAMAGE THE PUBLICATION’S WEBSITE (OR ANY PART THEREOF) OR UNDERMINE THE OPERATION OF THIS CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD ANY SUCH ATTEMPT BE MADE, THE PUBLICATION AND ITS LICENSEES (IF ANY) RESERVE THE RIGHT TO SEEK DAMAGES AND ANY OTHER AVAILABLE REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR ANY SUCH ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. EACH ENTRANT (OR, IF THE ENTRANT IS NOT OF AGE OF MAJORITY IN HIS/HER STATE OF RESIDENCE, THE LEGAL GUARDIANS THEREOF) AGREES TO INDEMNIFY AND HOLD HARMLESS THE COMPANY AND ITS AGENTS FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, DAMAGES AND/OR LIABILITIES (INCLUDING REASONABLE ATTORNEYS’ FEES AND EXPENSES) THAT MAY BE ASSERTED AGAINST OR INCURRED BY ANY OF THEM AT ANY TIME, IN CONNECTION WITH THE USE THEREOF, AND/OR BY ENTRANT’S BREACHES OF ANY REPRESENTATION, WARRANTY OR COVENANTS ASSOCIATED WITH THIS CONTEST. If, in The Publication’s opinion, there is any suspected or actual evidence of fraud, electronic or non-electronic tampering or unauthorized intervention with any portion of this Contest, or if fraud or technical difficulties of any sort (e.g., computer viruses, bugs) compromise the integrity of the Contest, The Publication reserves the right to void suspect Entry and/or evaluations and/or terminate the Contest and award the Prize in its sole discretion. The use of any automated launching or entry software or any other mechanical or electronic means that permits the participant to automatically enter or evaluate repeatedly is prohibited. In the event of a dispute as to the identity of an entrant based on an email address, the entry in question may be disqualified. For all contests the Publication disclaims all liability for any delays, misdelivery, loss, or failure in the delivery of any item sent by mail, courier, express, electronic transmission, or other delivery method. The Publication is not responsible for mechanical, technical, electronic, communications, telephone, computer, hardware or software errors, malfunctions or failures of any kind, including: failed, incomplete, garbled or delayed transmission of online entries, traffic congestion on telephone lines, the Internet or at any website or lost or unavailable network connections which may limit an online entrant’s ability to participate in the Contest, and any injury or damage to entrant’s or any other person’s computer related to or resulting from participating in or downloading any information necessary to participate in the Contest. Photocopies or mechanical reproductions of any entry forms are not permitted. By participating in a contest in which text message-based entry is permitted, entrants acknowledge that text messages are distributed and delivered through third party providers; the Publication does not guarantee, and shall not be responsible for, the delivery or timeliness of any text message entry. Not all wireless carries support access to a common short code (CSC). The CSC being used to enter a contest may or may not be compatible with all wireless carriers, and as such, you may not be able to enter through the CSC method of entry. Entrants may use the alternative entry method to ensure registration. The Publication will at all times consider the time that a message is logged as arriving in its system as being the time of entry, regardless of the time at which the entrant attempted to send the entry and any technical problems or other complications that may have delayed its delivery. The Publication, through its third party text messaging administrators, will store all messages received on its system, and will send participants reply texts relating to the Contest throughout the Contest Period and up to 60 days. For help text HELP and to stop, text STOP to the specified program short code and follow the instructions provided at the entry process. Standard text and data rates will apply. The Publication is not responsible for service outages, message failures, transmission delays or any other factor affecting the availability or performance of the text messaging service. The Publication further reserves the right to cancel, terminate or modify the contest if, in the sole discretion of the Publication, it is impossible or impractical to complete the contest as planned for any reason, including, but not limited to, infection by computer virus, bugs, tampering, unauthorized intervention or technical failures of any sort. The Publication may require, on request, proof of identity as to the rightful owner of the phone number from which the text message entry was sent. The Publication reserves the right, in its sole discretion, to disqualify any entry if that entry’s source and sender cannot be reasonably determined. In the event of termination of the Contest by Publication, Publication reserves the right to award any prize(s) in a manner deemed fair and equitable by Publication. In no event will the type and quantity of prizes awarded exceed the number of prizes described in the Contest Official Rules.
5. Voting Contests. By participating in the voting portion of any contest, each voting participant agrees to be bound by the official contest rules. Voting is limited to one vote per person/verified email address. If an entrant receives multiple and/or irregular votes or multiple votes from the same user or users, including but not limited to, votes generated by a robotic, programmed, script, macro, other automated means or other source, the Publication reserves the right to disqualify the entrant in its sole discretion. If the contest includes the use of an internet tool and the internet voting process fails to operate properly or appears to be tampered with or tainted with errors, fraud or unfair practices, the Publication reserves the right to use another means to determine the winner(s), i.e. random selection or appointing a panel of judges. All decisions of the judges are final.
6. Publicity; Use of Personal Information. By participating, where allowed by law, all winner(s) grant the Publication exclusive permission to use their names, characters, photographs, and likenesses in connection with promotion of this and other contests and waive any claims to royalty, right, or remuneration for such use. By participating in the Contest, where allowed by law, participants agree that the Publication may use such information for marketing purposes, and may include the names of winners in a publicly available winners’ list. For more information about how the Publication will use information collected in connection with this Contest, please see Publication’s privacy policy located here. On occasion participant may have the opportunity to opt-in with carefully selected third parties such as the promotional partners, who may offer you products and services of interest with your expressed consent. In the event that participant has agreed to any available opt in opportunities provided from a third party, that may or may not be associated with this Contest, participant understands and acknowledges that information (including participant’s personally identifiable information) provided will be collected independently by the Publication and the third party providing the opt in opportunity and individually be used by both companies subject to the terms of their respective privacy policies. Any available opt-in opportunities are not required to enter the Contest, and consent to opt-in will not improve your chances of winning.
7. Consumer Created Content. If the entry for the contest includes any creative material from the participant, including but not limited to, consumer created content, by submitting your entry: (1) you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place the Publication or contest sponsors under any fiduciary or other obligation, that the Publication is free to disclose the ideas on a non-confidential basis to anyone or otherwise use the ideas without any additional compensation to you; (2) you acknowledge that, by acceptance of your submission, the Publication and contest sponsors do not waive any rights to use similar or related ideas previously known to sponsor, or developed by their employees, or obtained from sources other than you; (3) you are verifying that you are the owner and producer of the submitted material and that no third party ownership rights exist to any material submitted, and (4) you are hereby granting the Publication a perpetual, worldwide, non-exclusive, royalty-free, sub-licensable (through multiple tiers) right and license to use, publish, reproduce, display, perform, adapt, modify, distribute, have distributed and promote such content in any form, in all media now known or hereinafter created, anywhere in the world, for any purpose. BY SUBMITTING ANY CONTENT, ENTRANT ACKNOWLEDGES THAT HIS/HER CONTENT MAY BE POSTED ON PUBLICATION’S WEBSITE, IN PUBLICATION’S DISCRETION. Content: (a) must comply with these Official Rules and any Terms of Service on the Publication website; (b) must be uploaded through the in format specified and must comply with the posting requirements set forth above and as posted on the Publication website; (c) cannot be sexually explicit or suggestive, unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group, profane or pornographic, contain nudity or any materially dangerous activity;
content cannot promote alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing), any activities that may appear unsafe or dangerous, or any particular political agenda or message; (d) cannot be obscene or offensive, endorse any form of hate or hate group; (e) cannot defame, misrepresent or contain disparaging remarks about Publication or its products, or other people, products or companies; (f) cannot contain trademarks, logos or trade dress owned by others, or advertise or promote any brand or product of any kind, without permission, or contain any personal identification, such as license plate numbers, personal names, e-mail addresses or street addresses; (g) cannot contain copyrighted materials owned by others (including photographs, sculptures, paintings and other works of art or images published on or in websites, television, movies or other media) without permission; Publication does not permit the infringement of others’ rights and any use of materials not original to the entrant (except copyrighted materials owned by Publication) is grounds for disqualification from the Contest. Do not copy your favorite movie, book or photo or include materials, images, graphics, music or trademarks belonging to any third parties or incorporate the names, voices, likeness or personas of any party other than yourself unless you have obtained all rights necessary to permit you to use same in connection with your content and grant the rights herein granted to Publication; (h) no background artwork should appear in an content unless it is an original work of the entrant. Any artwork, murals, etc. that can be seen in the content must be created solely by the entrant or entrant must be the sole owner of all copyright interests therein; (i) cannot contain materials embodying the names, likenesses, photographs, or other indicia identifying any person, living or dead, without permission; (j) cannot communicate messages or images inconsistent with the positive images and/or goodwill to which Publication wishes to associate; and (k) cannot depict, and cannot itself, be in violation of any law. CONSUMER CREATED CONTENT POSTED TO THE WEBSITE WERE NOT EDITED BY PUBLICATION AND ARE THE VIEWS/OPINIONS OF THE INDIVIDUAL ENTRANT AND DO NOT REFLECT THE VIEWS OF PUBLICATION IN ANY MANNER. Any waiver of any obligation hereunder by Publication does not constitute a general waiver of any obligation to entrants. Publication reserves the right to waive the Contest entry requirements set forth herein in its reasonable discretion. Publication reserves the right, in its reasonable discretion, during or upon completion of the Contest Period, to request that any entrant resubmit his or her entry which fails to comply with the Contest entry requirements prior to any judging or voting period. By submitting content you warrant and represent that it: (a) is your original work, (b) has not been previously published, (c) has not won previous awards, (d) does not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity; (e) that you have obtained permission from a person who’s name, likeness or voice is used in the content and (f) and that publication of the content via various media including Web posting, will not infringe on the rights of any third party rights. Any such entrant will indemnify and hold harmless, Publication and agents from any claims to the contrary. Any entrant whose work includes likenesses of third parties or contains elements not owned by the entrant (such as, but not limited to, depictions of persons, buildings, trademarks or logos) must be able to provide legal releases for such use including Publication’s use of such content, in a form satisfactory to administrator, upon request, prior to award of prize and/or naming of entrant as a winner. By accepting a prize, the winner agrees that his or her content will be deemed a Work Made For Hire under the Copyright laws of the United States, but if it cannot be so deemed, then the winner irrevocably assigns and transfers to Publication all of his/her right, title and interest in and to his/her video, including all but not limited to all copyright and trademark rights which he or she may have, in the United States and worldwide, therein, for consideration, the receipt and sufficiency of which is hereby acknowledged. Winner hereby waives in favor of Publication, all rights of “Droit Moral” or “Moral Rights of Authors” or any similar rights or principles of law that winner may now or later have to their content. Publication reserves the right to alter, change or modify the winning content, in its sole discretion. Upon request of Publication, winner shall execute and deliver such additional instrument of assignment, as may be solely deemed by Publication, reasonably necessary to establish the ownership of record of the right, title and interest in and to the content and of the copyrights transferred and “Moral Rights of Authors” waived under these Official Rules. Should Publication fail to request the said assignment as stated, that shall not be deemed a waiver of Publication’s rights and may at a later time request the assignment.
8. Release. By participating in the Contest, each participant and winner waives any and all claims of liability against the Publication, its employees and agents, the Contest’s sponsors and their respective employees and agents, for any personal injury or loss which may occur from the conduct of, or participation in, the Contest, or from the award, receipt and/or use or misuse of any prize, including any travel related thereto. In order to receive a prize, participants must sign an official waiver form provided by the Publication.
9. Taxes. Any valuation of the prize(s) stated above is based on available information provided to the Publication, and the value of any prize awarded to a winner may be reported for tax purposes as required by law. Each winner is solely responsible for reporting and paying any and all applicable taxes related to the prize(s) and paying any expenses associated with any prize(s) which are not specifically provided for in the official rules. Each winner must provide the Company with valid identification and a valid taxpayer identification number or social security number before any prize will be awarded. Any person winning over $600 in prizes from the Company will receive an IRS form 1099 at the end of the calendar year and a copy of such form will be filed with the IRS.
10. Conduct and Decisions. By participating in the Contest, participants agree to be bound by the decisions of Publication personnel. Persons who violate any rule, gain unfair advantage in participating in the Contest, or obtain winner status using fraudulent means will be disqualified. Unsportsmanlike, disruptive, annoying, harassing or threatening behavior is prohibited. The Publication will interpret these rules and resolve any disputes, conflicting claims or ambiguities concerning the rules or the Contest and the Publication’s decisions concerning such disputes shall be final. If the conduct or outcome of the Contest is affected by human error, any mechanical malfunctions or failures of any kind, intentional interference or any event beyond the control of the Publication, the Publication reserves the right to terminate this Contest, or make such other decisions regarding the outcome as the Publication deems appropriate. If, for any reason, more bona fide winners come forward seeking to claim the Grand Prize, the winner may be selected in a random drawing from among all persons making purportedly valid claims for the Grand Prize. Inclusion in such drawing shall be each entrant’s sole and exclusive remedy under such circumstances. No more than the advertised number of prizes will be awarded. All decisions will be made by the Publication and are final. Any reference in these Official Rules or as part of the Contest to The Publication’s and/or Sponsor’s “discretion” and/or any exercise of discretion by Sponsor or the Publication shall mean in Publication’s, Publication’s and/or Sponsor’s “sole and unfettered discretion.” Any attempt by an entrant or any other individual to deliberately circumvent, disrupt, damage or undermine the legitimate operation of this Contest is a violation of criminal and civil laws. Should such an attempt be made, the Publication reserves the right to seek civil and/or criminal prosecution and/or damages from any such person to the fullest extent permitted by law. The Publication further reserves the right to: (i) terminate or declare any Contest null and void and rescind any prize, if in its sole judgment, the rules or the integrity of the Contest have been violated or compromised in any way, intentionally or unintentionally by any person whether or not a participant in the Contest; (ii) cancel, terminate or modify the contest if, in the sole discretion of the Publication, it is impossible or impractical to complete the contest as planned for any reason, including, but not limited to, infection by computer virus, bugs, tampering, unauthorized intervention or technical failures of any sort ; (iii) alter or amend these Contest rules at any time; and (iv) stop or conclude the Contest at any time without prior notice. Material changes to the contest rules will be on web site, when practical.
11. Miscellaneous. Void outside the Designated Market Area and where prohibited unless otherwise determined by the Publication. Odds of winning depend upon the number of eligible entries received during the Contest Period from all participants. Each winner must submit proof of eligibility and sign the Publication’s release form to claim the prize. The Publication may substitute prizes, amend the rules or discontinue the Contest at any time as announced on the web site. The Publication disclaims any responsibility to notify participants of any aspect related to the conduct of the Contest. For a copy of the rules, or where required by law, a list of winners, visit the business office of the Publication during normal business hours or visit the Publication’s website. All entries become the property of the Publication and will not be returned. As a condition of participating in the Contest, participants agree (and agree to confirm in writing): (a) under no circumstances will entrant be permitted to obtain awards for, and participant hereby waives all rights to claim, punitive, incidental, consequential, or any other damages, other than for actual out-of-pocket expenses; (b) 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 (c) any and all claims, judgments, and award shall be limited to actual out-of-pocket costs incurred, excluding attorneys’ fees and court costs. Participation in the Contest constitutes entrant’s full and unconditional agreement to, and acceptance of these Official Rules. Winning a prize is contingent upon entrant’s fulfillment of all requirements set forth herein.
12. Compliance with Law. The conduct of the Contest is governed by the applicable laws of the United States of America, which take precedence over any rule to the contrary herein. Publication shall follow the applicable laws for conducting contests, including notice to the state attorney general or consumer affairs office, posting of a prize bond, furnishing lists of winners, running specific on-air disclaimers, providing specific written information about the Contest, etc. as required by applicable local and state law.
