Endless Summer Official Rules

PRELIMINARY INFORMATION: NO PURCHASE NECESSARY TO ENTER OR WIN. A purchase will not improve your chances of winning. Void where prohibited. The iVillage Summer Vacation Contest (“Contest”) will begin on September 7, 2011 at 12:01 A.M. ET and end on October 14, 2011 at 11:59 P.M. ET (“Contest Period”). All times in the Contest refer to Eastern Time (“ET”). Odds of winning depend upon the number of eligible Entries (defined below) received. Contest is subject to all applicable federal, state and local laws.

 

ELIGIBILITY: Open only to permanent, legal United States (“U.S.”) residents who are physically residing in one (1) of the fifty (50) U.S. or the District of Columbia (excluding Puerto Rico, Guam, the U.S. Virgin Islands and other U.S. territories), and who are twenty-one (21) years of age or older as of the start of the Contest Period. Entrants must have a valid U.S. Social Security Number or a valid U.S. personal tax identification number. Officers, directors, and employees of Contest Entities (defined below), members of these persons’ immediate families (spouses and/or parents, children, and siblings, and their spouses, regardless of where they reside), and/or persons living in the same households as these persons (whether or not related thereto) are not eligible to enter or win the Contest. Contest Entities, as referenced herein, shall include Sponsor (defined below) and its respective parent, subsidiary, and affiliate companies, and administrative, advertising, and promotion agencies, and any other entity involved in the development, administration, promotion, or implementation of the Contest.

 

HOW TO ENTER: To enter the Contest, during the Contest Period, go to ivillage.com/endlesssummer (the “Website”) and if you do not have an iVillage.com account, follow the provided instructions to register for one. Once registered, or if you already have an iVillage.com account, click on the Contest Banner on the Website and follow the provided instructions to complete and thereafter submit the entry form (“Entry”). As part of your Entry, you will be required to: (i) upload one (1) “family vacation” photo of your family (“Photo”); (ii) provide in one hundred and forty (140) characters or less an explanation of who is pictured in Photo, where Photo was taken, and why Photo is the best vacation Photo. (“Statement”). You may submit Photo and Statement online according to the provided instructions on the Website. All Entries become the property of iVillage.com, LLC, 75 Ninth Avenue, Floor 7, New York, NY 10011 (“Sponsor”), and will not be acknowledged or returned.

 

You must submit the Photo and Statement (referred to herein as the “Submission” or “Submissions”) as part of your Entry to enter and be eligible for the Contest. By entering the Contest, entrants grant Sponsor the non-exclusive, royalty-free, and irrevocable rights to use, reproduce, copy, publish, display, distribute, perform, translate, adapt, modify, and otherwise exploit the Submission and to incorporate the Submission in other works in any and all markets and media worldwide in perpetuity. Entrants warrant that they have the sole and exclusive right to grant such rights to Sponsor and that the Sponsor's reproduction, publishing, displaying, and/or other use of the Submissions will not infringe on any rights of third parties, including, without limitation, copyright, trademark, privacy, or publicity, or create claims for defamation, false light, idea misappropriation, intentional or negligent infliction of emotional distress, or breach of contract. If any Submissions contain material that is violent, pornographic, obscene, illegal, inappropriate, or racially or morally offensive or if any Submissions do not comply with these Official Rules or meet Sponsor’s standards for any reason, as determined by Sponsor in its sole discretion, such Submissions (and the related Entries) may be rejected as ineligible for consideration. Entrants must also be of good moral character. Sponsor reserves the right to exclude anyone convicted of a crime (other than moving violations of a misdemeanor type that did not involve personal injury, drugs, or alcohol). Entrants must have nothing in their background that would be an embarrassment to Sponsor, and entrants may not be elected officials or currently running for any political office (local, state or federal). At Sponsor’s request, each entrant must be willing to sign a publicity release and an affidavit attesting that such entrant meets all of the foregoing eligibility requirements outlined above. Sponsor reserves the right to disqualify entrants for not meeting any of the requirements outlined above or for any other reason, in Sponsor’s sole discretion. Entries must comply with all applicable laws, rules, and regulations. Sponsor shall have no obligation to copy, publish, display, or otherwise exploit the Submissions.

 

Entries must be received before October 7, 2011 at 11:59 P.M. ET to be eligible for the Contest. Sponsor’s computer shall be the official timekeeper for all matters related to this Contest. You may enter once during the Contest Period. Multiple Entries received from any person or email address beyond this limit will void all such additional Entries. Entries generated by a script, macro, or other automated means will be disqualified. Entries that are incomplete, garbled, corrupted, or unintelligible for any reason, including, but not limited to, computer or network malfunction or congestion, are void and will not be accepted. In case of a dispute over the identity of an entrant, the authorized account holder of the email address used to enter will be deemed to be the entrant. “Authorized account holder” is defined as the person who is assigned to an email address by an Internet access provider, online service provider or other organization that is responsible for assigning email addresses for the domain associated with the submitted email address. Entry constitutes permission (except where prohibited by law) to use entrant’s name, city, state, likeness, image, and/or voice for purposes of advertising, promotion, and publicity in any and all media now or hereafter known, throughout the world in perpetuity, without additional compensation, notification, permission, or approval.

 

PRIVACY: Entrants will have the opportunity to receive information from Sponsor and selected partners by checking the appropriate box(es). If, at any time, you no longer wish to receive materials from Sponsor or our partners, please go to our at privacy policy, located http://www.ivillage.com/privacy-policy/8-a-257153, or the applicable partner’s privacy policy and follow the procedures indicated.

 

SELECTION AND NOTIFICATION OF FINALISTS AND WINNER: There will be two (2) rounds of judging: round 1: initial judging to determine the Finalists; round 2: final judging to determine Winner.

 

Round 1: Initial Judging for the Finalists: On October 8, 2011 at 12:01 P.M. ET, six (6) finalists (each a “Finalist”) will be selected from all eligible Entries by one (1) or more qualified judges selected by Sponsor (“Judges”) based on the following judging criteria (“Judging Criteria”): attractiveness of Photo based on the quality of Photo, which includes consideration of the framing, the setting, the structure, and the overall composition of Photo; (75%) and creativity of statement (25%). The review process may occur on a rolling basis as Entries are received. In the event of a tie, Judges will break the tie by selecting the tied entrant who received the highest points from Judges for attractiveness to advance to Round 2: Public Voting (defined below). In the event a tie remains, an additional tie-breaking judge will judge the tied Entries, using Judging Criteria, to determine which of the tied Entries will advance to Round 2: Public Voting for Winner. Sponsor reserves the right to pick fewer than six (6) Finalists or to extend the Contest entry period if the Contest does not receive a sufficient number of eligible and qualified Entries, as determined by Sponsor in its sole discretion.

 

Round 2: Public Voting for Winner: Beginning on or about October 8, 2011 at 12:01 P.M. ET until October 14, 2011 at 11:59 P.M. ET, or on such other dates and at such other times as determined by the Sponsor in its sole discretion (the “Voting Period”), Finalists’ Entries will be posted on the Website in a randomized manner for public viewing and voting. During the Voting Period, visitors to the Website may vote for his or her favorite Finalist according to Judging Criteria, voting rules, and procedures established by the Sponsor, which will be posted on the Website. Voting is currently limited to one (1) vote per person per Category per day during the Second Round Finalists Voting Period, but Sponsor reserves the right to change the limit on the number of votes, in its sole discretion. Notification regarding any such change will be announced on the Website. Voting rules and procedures are subject to change, at the Sponsor’s sole discretion, and any changes will be posted on the Website. Finalist that receives the most number of votes during the Voting Period will be deemed the potential winner (“Winner”) subject to eligibility and compliance with these Official Rules. In the event of a tie, a tie-breaking judge will judge the tied-Finalists using Judging Criteria, to determine which of the tied Entries will be deemed the Winner. Winner will be announced on or about October 15, 2011.

 

Winner will be required as a condition of continued eligibility to sign an Affidavit of Eligibility, Waiver of Liability, and, except where prohibited, Publicity Release (collectively, “Contest Documents”) within five (5) days of such notification. Noncompliance within this time period will result in disqualification. If the potential Winner cannot be reached or if he/she is found ineligible, if he/she cannot or does not comply with the foregoing requirements and these Official Rules, if his/her prize or prize notification is returned as undeliverable, or if he/she does not satisfactorily execute all of the Contest Documents, potential Winner will be disqualified and Sponsor will award the Prize (defined below) to the runner-up Finalist.

 

PRIZE: There will be one (1) prize awarded (the “Prize”) to Winner. The Prize will consist of: (i) a seven (7) night Western Caribbean cruise on Winner’s choice of either Royal Caribbean’s Oasis of the Seas or Freedom of the Seas in a quad-occupancy balcony stateroom (“Cruise Prize”) and coach class air transportation (the “Air Prize”) for Winner and three (3) guests (“Guests”) (collectively “Cruise Prize”); and (ii) round-trip, commercial coach-class air transportation for Winner and up to three (3) Guests from a major U.S. airport near the Winner’s residence in the continental U.S. to and from an airport in or near the port of departure (Fort Lauderdale, Florida for Oasis of the Seas sailings or Port Canaveral, Florida for Freedom of the Seas sailings) (collectively, “Air Prize”).

 

Cruise Prize includes standard guest accommodations. Winner and Guests are each solely responsible for any and all costs, other than those specifically stated in these Official Rules, that may be incurred or arise as a result of being awarded a prize. Such costs may include, but are not limited to all federal, state, local, or other government or quasi-governmental taxes and fees, fuel supplement charges, travel insurance, and items of a personal nature (i.e. certain shore excursions, passport fees, gratuities, alcoholic beverages, photographs, some entertainment, service fees, medical services, etc.).

 

Winners and Guests are responsible for all travel documents (such as a passport and visa) required for travel. Royal Caribbean is not responsible for flight postponement or cancellation. Winner and Guests must travel at the same time on the same itinerary.

 

Cruise Prize issued in the form of a cruise certificate (“Cruise Certificate”). Redemption of Cruise Certificate is based on stateroom availability at time of booking. Cruise Prize provided subject to the terms and conditions in Royal Caribbean’s guest ticket cruise contract, cruise certificate, and applicable brochure. Such terms and conditions of use that are listed on these documents include, but are not limited to the following: cruise must be booked ninety (90) days prior to sailing and sailing must be completed within three hundred and sixty five (365) days of Cruise Certificate issue date.

 

Guests under twenty-one (21) years of age will not be booked in a stateroom unless accompanied by a person who is twenty-one (21) years or older. A parent or legal guardian must accompany Guests under the age of eighteen (18). Except where prohibited by applicable law, Winner and Guests will be required to sign a liability and publicity release and/or Declaration of Compliance prior to traveling. Winner and Guests must sign Royal Caribbean’s passenger ticket contract prior to being allowed to board the cruise. Cruise Prize may not be upgraded, and no substitutions by Winner will be allowed. Sponsor reserves the right to substitute the Cruise Prize for one of equal or greater value if the designated Cruise Prize should become unavailable for any reason.

 

The estimated retail value (“ERV”) of Prize is four thousand eight hundred dollars ($4,800).

 

Sponsor will determine all details of the Prizes in its sole discretion. Sponsor reserves the right to substitute similar Prizes (or Prize elements) of comparable or greater value. Prizes cannot be transferred by Winners or redeemed for cash and are valid only for the items detailed above, with no substitution of Prizes by Winners.

 

All taxes and other expenses, costs, or fees associated with the acceptance and/or use of the Prize are the sole responsibility of Winner. Sponsor will furnish an Internal Revenue Service Form 1099 to Winner for the actual retail value (“ARV”) of Prize for the tax year in which Prize was won. The difference between the ERV and the ARV will not be awarded. Travel arrangements must be made through Sponsor’s agent, on a carrier of Sponsor’s choice. Winner and Guest(s) must travel together on the same itinerary, including the same departure date and return date, and must have valid travel documents (e.g., valid government issued photo ID and/or passport) prior to departure. Failure to secure the necessary travel documents will result in forfeiture of Prize and time permitting; an alternate Winner may be selected from the remaining eligible Finalists at Sponsor’s sole discretion.

 

Sponsor will determine travel and hotel arrangements in its sole discretion. Once determined, no change, extension, or substitution of travel dates and/or times is permitted, except by Sponsor in its sole discretion. Prize consists only of the elements set forth above. No other travel elements (including, without limitation, ground transportation (except as listed above), insurance, gasoline, meals, gratuities, and souvenirs) are included in Prize. Tickets are non-refundable. Reservations are subject to availability and selected blackout dates. Tickets are not valid for business-related or group travel. Tickets will be issued only to Winner and Guest(s). Tickets are void if sold for cash or other consideration. Winner is responsible for any tax liability (including applicable departure taxes or fees, including baggage fees), inspection charges, and security charges. Open tickets may not be issued and stopovers are not permitted. Travel may not be combined with any other offer and may not qualify for frequent flyer miles or hotel points. All travel will be at the risk of Winner and Guest(s). Sponsor will not replace any lost or stolen tickets, vouchers, or certificates. All elements of Prize must be redeemed at the same time. In the event of an act of God or an unforeseen, uncontrollable event, Sponsor reserves the right to reschedule all travel for a later date. If Winner chooses to take Cruise Trip with fewer than three (3) Guests or no Guests, the remaining elements of Prize shall be awarded and shall constitute full satisfaction of Sponsor’s Prize obligation to Winner and no additional compensation will be awarded. Guest(s) may be required to execute and return a release of liability and, where legal, a publicity release (collectively, “Guest Documents”), which must be returned with the Contest Documents, or Guest portion of the Prize will be forfeited. Guests should be twenty-one (21) years of age or older on the date of travel.

 

CONDITIONS: By entering the Contest, each entrant agrees for entrant and for entrant’s heirs, executors, and administrators (a) to release and hold harmless Contest Entities, Royal Caribbean and their respective officers, directors, and employees (collectively, “Released Parties”) from any liability, illness, injury, death, loss, litigation, or damage that may occur, directly or indirectly, whether caused by negligence or not, from such entrant’s participation in the Contest and/or his/her acceptance, possession, use, or misuse of Prize or any portion thereof (and travel related thereto); (b) to indemnify Released Parties from any and all liability resulting or arising from the Contest and to hereby acknowledge that Released Parties have neither made nor are in any manner responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to Prize, including express warranties provided exclusively by Prize supplier that are sent along with Prize; (c) if selected as a Winner, to the posting of such entrant’s name on Website and the use by Released Parties of such name, voice, image, and/or likeness for publicity, promotional, and advertising purposes in any and all media now or hereafter known, throughout the world in perpetuity, without additional compensation, notification, permission, or approval, and, upon request, to the giving of consent, in writing, to such use; and (d) to be bound by these Official Rules and to waive any right to claim any ambiguity or error therein or in the Contest itself, and to be bound by all decisions of the Sponsor, which are binding and final. Failure to comply with these conditions may result in disqualification from the Contest at Sponsor’s sole discretion.

 

ADDITIONAL TERMS: Sponsor reserves the right to permanently disqualify from Contest any person they believe has intentionally violated these Official Rules. Any attempt to deliberately damage the Contest or the operation thereof is unlawful and subject to legal action by Sponsor, who may seek damages to the fullest extent permitted by law. The failure of Sponsor to comply with any provision of these Official Rules due to an act of God, hurricane, war, fire, riot, earthquake, terrorism, act of public enemies, actions of governmental authorities outside of the control of Sponsor (excepting compliance with applicable codes and regulations), or other “force majeure” event will not be considered a breach of these Official Rules. Released Parties assume no responsibility for any injury or damage to entrants’ or to any other person’s computer relating to or resulting from entering or downloading materials or software in connection with the Contest. Released Parties are not responsible for telecommunications, network, electronic, technical, or computer failures of any kind; for inaccurate transcription of Entry information; for errors in any promotional or marketing materials or in these Official Rules; for any human or electronic error; or for Entries that are stolen, misdirected, garbled, delayed, lost, late, damaged, or returned. Sponsor reserves the right to cancel, modify, or suspend the Contest or any element thereof (including, without limitation, these Official Rules) without notice in any manner and for any reason (including, without limitation, in the event of any unanticipated occurrence that is not fully addressed in these Official Rules). In the event of cancellation, modification, or suspension, Sponsor reserves the right to select Winners in a random drawing from among all eligible, non-suspect Entries received prior to the time of the event warranting such cancellation, modification, or suspension. Notice of such cancellation, modification, or suspension will be posted at Website. Sponsor may prohibit any entrant or potential entrant from participating in the Contest, if such entrant or potential entrant shows a disregard for these Official Rules; acts with an intent to annoy, abuse, threaten, or harass any other entrant, Sponsor, or Sponsor’s agents or representatives; or behaves in any other disruptive manner (as determined by Sponsor in its sole discretion).

 

DISPUTES: THE CONTEST IS GOVERNED BY, AND WILL BE CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF NEW YORK, AND THE FORUM AND VENUE FOR ANY DISPUTE SHALL BE IN NEW YORK, NEW YORK. IF THE CONTROVERSY OR CLAIM IS NOT OTHERWISE RESOLVED THROUGH DIRECT DISCUSSIONS OR MEDIATION, IT SHALL THEN BE RESOLVED BY FINAL AND BINDING ARBITRATION ADMINISTERED BY JUDICIAL ARBITRATION AND MEDIATION SERVICES, INC., IN ACCORDANCE WITH ITS STREAMLINED ARBITRATION RULES AND PROCEDURES OR SUBSEQUENT VERSIONS THEREOF (“JAMS RULES”). THE JAMS RULES FOR SELECTION OF AN ARBITRATOR SHALL BE FOLLOWED, EXCEPT THAT THE ARBITRATOR SHALL BE EXPERIENCED AND LICENSED TO PRACTICE LAW IN NEW YORK. ALL PROCEEDINGS BROUGHT PURSUANT TO THIS PARAGRAPH WILL BE CONDUCTED IN THE COUNTY OF NEW YORK. THE REMEDY FOR ANY CLAIM SHALL BE LIMITED TO ACTUAL DAMAGES, AND IN NO EVENT SHALL ANY PARTY 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.

 

WINNER ANNOUNCEMENT: For the name of Winner, available after October 26, 2011, visit iVillage.com, or send a self-addressed, stamped envelope to: Summer Vacation Contest Winner’s Name, iVillage, 75 Ninth Avenue, Floor 7, New York, NY 10011, Attn: Elizabeth Zack.

 

 

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