iVillage Halloween Costume Contest
October 4, 2011 – November 3, 2011
PRELIMINARY INFORMATION: No purchase necessary. A purchase will not improve your chances of winning. Void where prohibited. The iVillage Halloween Costume (“Contest”) will begin on October 4, 2011 at 12:01 A.M. ET and end on November 3, 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 Merlin Entertainment Group LLC d/b/a LEGOLAND Florida, One LEGOLAND Way, Winter Haven, FL 33884 (“LEGOLAND”), and their 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/halloweencostumes (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 login to enter (“Entry”). As part of your Entry, you will be required to: 1) upload a photo of your baby ( under one (1) year of age), your family, your friends or your pet in a Halloween costume (“Photo”); 2) submit a title for your Photo (“Title”); and 3) place your Photo into one (1) of the following four (4) categories (each a “Category”): (1) babies (under one (1) year of age); (2) children over one (1) year of age; (3) friends, couples, families or groups of people; or (4) pets. Each Photo and Title shall be deemed one (1) Entry into the Contest.
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. 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 Photo and Title(referred to herein as the “Submission” or “Submissions”) 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. Professional Photos or Photos with watermarks are not eligible. 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 November 3, 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.
SELECTION AND NOTIFICATION OF FIRST ROUND FINALISTS, SECOND ROUND FINALISTS AND GRAND PRIZE WINNER: There will be three (3) rounds of judging: round 1: initial judging to determine the First Round Finalists (defined below); round 2: public voting to determine the Second Round Finalists (defined below); and round 3: final judging to determine the Grand Prize Winner (defined below).
Round 1: Initial Judging for the First Round Finalists: On or about November 4, 2011, one (1) or more qualified judges selected by Sponsor (“Initial Judges”) will select up to six (6) first round finalists (each a “First Round Finalist”) per Category from all eligible Entries received during the Contest Period based on the following initial judging criteria (the “Judging Criteria”): Originality (50%) and Creativity (50%). A total of twenty four (24) First Round Finalists will be selected. Each First Round Finalist will advance to Round 2: Public Voting for Second Round Finalists, subject to verification of eligibility. The selection and review process may occur on a rolling basis as Entries are received. In the event of a tie, the Initial Judges will break the tie by selecting the tied entrant who received the highest points from the Initial Judges for Originality to advance to Round 2: Public Voting for the Second Round Finalists. In the event a tie remains, an additional tie-breaking judge will judge the tied Entries, using the Initial Judging Criteria, to determine which of the tied Entries will advance to Round 2: Public Voting for the Second Round Finalists. Sponsor reserves the right to pick fewer than six (6) First Round Finalists per Category or fewer than twenty-four (24) First Round Finalists (or none at all) in total 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 Second Round Finalists: Beginning on or about November 4, 2011, the First Round Finalists’ Entries will be posted on the Website in a randomized manner for public viewing and voting. On or about November 4, 2011 at 12:01 P.M. ET until November 11, 2011 at 11:59 P.M. ET, or on such other dates and at such other times as determined by Sponsor in its sole discretion (the “Second Round Finalists Voting Period”), visitors to the Website may vote for his or her favorite First Round Finalist according to the judging criteria, voting rules, and procedures established by Sponsor, which will be posted on the Website. The First Round Finalist in each Category that receives the most votes during the Second Round Finalists Voting Period and the First Round Finalist that receives the most votes across all Categories during the Second Round Finalists Voting Period, as determined by Sponsor in its sole discretion, will be the second round finalists (each a “Second Round Finalist”) and will advance to Round 3: Final Judging for Grand Prize Winner, subject to verification of eligibility and compliance with these Official Rules. There will be a total of five (5) Second Round Finalists selected. There will be one (1) Category containing two (2) Second Round Finalists and three (3) Categories with one (1) Second Round Finalist each. In the event of a tie, ties will be broken as described with regards to First Round Finalists. The Second Round Finalists Voting Period, voting rules and procedures and voting methods are subject to change, at Sponsor’s sole discretion, and any changes will be posted on the Website. Voting is currently limited to one (1) vote per person per Category per day for a total of four (4) votes 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.
Round 3: Final Judging to Determine The Grand Prize Winner: On or about November 14, 2011, following the Second Round Finalists Voting Period, one (1) or more qualified judges selected by Sponsor (“Final Judges”) will select a grand prize winner (“Grand Prize Winner”) from the Second Round Finalists based on the Judging Criteria. In the event of a tie, the Final Judges will break the tie by selecting the tied entrant who received the highest points from the Final Judges for Originality as the potential Grand Prize Winner. In the event a tie remains, an additional tie-breaking judge will judge the tied Entries, using the Final Judging Criteria, to determine which of the tied Entries will be the Grand Prize Winner, subject to verification of eligibility and compliance with these Official Rules. Grand Prize 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 three (3) days of such notification. Noncompliance within this time period will result in disqualification. If the potential Grand Prize Winner cannot be reached or is found ineligible, if Grand Prize Winner cannot or does not comply with the foregoing requirements and these Official Rules, if the Prize or Prize notification is returned as undeliverable, or if Grand Prize Winner does not satisfactorily execute all of the Contest Documents, potential Grand Prize Winner will be disqualified and Sponsor will award the Grand Prize (defined below) to the runner-up Second Round Finalist. The four (4) remaining Second Round Finalists will be named first prizewinners (each a “First Prize Winner”), subject to verification of eligibility and compliance with these Official Rules.
GRAND PRIZE: There will be one (1) grand prize awarded (“Grand Prize”) to Grand Prize Winner consisting of a trip for Winner and up to three (3) guests (‘Guests”) to visit LEGOLAND Florida (“Trip”). The Trip includes: (a) a six (6)–night, seven (7)-day stay at Mona Lisa Suite Hotel (single room/quad occupancy) (“Hotel”) for Winner and Guests; (b) roundtrip, commercial coach class air transportation for Winner and Guests from a major U.S. airport near the Winner’s residence to Orlando International Airport; (c) four (4) six (6)-day standard tickets for Winner and Guests to LEGOLAND Florida (“Park”); (d) an exclusive tour with a Master Model Builder at Park for Winners and Guests; (e) LEGOLAND Florida gift bag with a fifty dollar ($50) gift card redeemable at Park; (f) four (4) tickets to Bok Tower Gardens located at 1151 Tower Boulevard, Lake Wales, FL 33884 for Winner and Guests; and (g) four (4) tickets to Fantasy of Flight located at 1400 Broadway Boulevard Southeast, Polk City, FL 33868 for Winner and Guests. Estimated retail value (“ERV”) of Grand Prize is four thousand six hundred and thirty dollars ($4,630).
FIRST PRIZE: There will be four (4) first prizes awarded (each a “First Prize”), one (1) First Prize awarded to each First Prize Winner, consisting of the following: a two hundred dollar ($200) gift card to Old Navy (“Gift Card”). Estimated retail value (“ERV”) of each First Prize is two hundred dollars ($200). ERV of all First Prizes is eight hundred dollars ($800). Gift cards are subject to certain terms and conditions as specified by issuer.
PRIZES: First Prize and Grand Prize will be referred to herein as “Prizes”. Grand Prize Winner and First Prize Winners will be referred to herein as “Winners”. ERV of all Prizes is five thousand two hundred and thirty dollars ($5,430).
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 Grand Prize are the sole responsibility of Grand Prize Winner. Sponsor will furnish an Internal Revenue Service Form 1099 to Grand Prize Winner for the actual retail value (“ARV”) of Grand Prize for the tax year in which Grand Prize was won. Any 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. Grand Prize Winner and Guest 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 Grand Prize and time permitting; an alternate Grand Prize Winner may be selected from the remaining eligible Second Round 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. Reservations will not be confirmed until sixty (60) days prior to the selected travel date. Grand 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 Grand 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 Grand Prize Winner and Guest. Tickets are void if sold for cash or other consideration. Grand Prize 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. Prizes awarded “as is” with no warranty or guarantee, either express or implied by Sponsor. All tickets are valid during normal operating hours. Operating hours and availability of attractions and shows are subject to availability and change without notice. Some special events may be ticketed separately. All tickets are subject to certain terms and conditions as specified thereon. Attendees agree to comply with all applicable venue regulations in connection with Prize. Sponsors shall have no responsibility or liability for cancellations, delays, or any other change by any company or person providing any element of Prize, and are not responsible or liable for any expenses incurred as a consequence thereof. All travel will be at the risk of Grand Prize Winner and Guest. Sponsor will not replace any lost or stolen tickets, vouchers, or certificates. All elements of Grand 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 Grand Prize Winner chooses to take Trip with fewer than three (3) Guests or no Guests, the remaining elements of Grand Prize shall be awarded and shall constitute full satisfaction of Sponsor’s Grand Prize obligation to Grand Prize Winner and no additional compensation will be awarded. Guest 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 Grand Prize will be forfeited. If any Guest is a minor, Winner (or one of the other Guests) must be such minor’s parent or legal guardian and must execute and return the Guest Documents on such minor’s behalf.
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 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 any promotion 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 names of Winners, available after November 22, 2011 send a self-addressed, stamped envelope to: iVillage Halloween Costume Contest c/o iVillage 75 Ninth Avenue, 7th Floor, New York, NY 10011.