Hot Dads Contest
April 15, 2013—May 27, 2013
PRELIMINARY INFORMATION: No purchase necessary. A purchase will not improve your chances of winning. Void where prohibited. The Hot Dads Contest (“Contest”) will begin on April 15, 2013 at 12:01 AM ET and end on May 27, 2013 at 11:59 PM ET (“Contest Period”). All times in the Contest refer to Eastern Time (“ET”). Odds of winning depend upon the number of eligible entries received. Contest is subject 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 forty eight (48) continental U.S. or the District of Columbia (excluding Alaska, Hawaii, Puerto Rico, Guam, the Virgin Islands and other U.S. territories), and who are eighteen (18) years of age or older and the age of majority in their state of residence as of the start of the Contest Period. Officers, directors, and employees of Contest Entities (as 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 iVillage LLC, 75 Ninth Avenue, 7th Floor, New York, NY 10011, NBCUniversal Media, LLC, 30 Rockefeller Plaza, New York, NY 10112 (collectively, “Sponsors”), 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 log on to ivillage.com/hotdads (the “Website”), click on the Contest upload button, and follow the provided instructions to complete and thereafter submit the entry form, which includes your name, address, telephone number, email address, and date of birth (the “Entry”).
As part of the Entry, you will also be required to submit a photo (“Photo”) on the following theme: “Hot Dads.” You may submit Photo online according to the provided instructions on the Website. Photo must have been taken by you and you must have permission of any person identified in Photo. Professional Photos and Photos with watermarks are not eligible.
As part of the Entry, you will also be required to submit a statement of one hundred and forty (140) characters or less (“Statement”) on the following theme: “Why This Hot Dad Deserves to Win.” You may submit Statement online according to the provided instructions. Statement must be original (that is written by you), true and verifiable. You must have the permission of any person that you identify or otherwise refer to in your Statement. Statement must be submitted in the English language.
All Entries become the property of Sponsors and will not be acknowledged or returned. You must submit the Photo and Statement (collectively referred to herein as the “Submissions”) as part of your Entry to enter and be eligible for the Contest. By entering the Contest, entrants grant Sponsors the non-exclusive, royalty-free, and irrevocable rights to use, reproduce, copy, publish, display, distribute, perform, translate, adapt, modify, and otherwise exploit the 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 Sponsors and that the Sponsors' 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 Sponsors’ standards for any reason, as determined by Sponsors in their sole discretion, such Submissions (and the related Entries) may be rejected as ineligible for consideration. Entries must comply with all applicable laws, rules, and regulations. Sponsors shall have no obligation to copy, publish, display, or otherwise exploit the Submissions.
Entries must be received before May 27, 2013 at 11:59 PM ET to be eligible for the Contest. Sponsors’ computer shall be the official timekeeper for all matters related to this Contest. Limit one (1) Entry per person/email address 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.
PUBLIC VOTING AND JUDGING:
Public Voting: Beginning on or about April 15, 2013, the Entries will be posted on the Website in a randomized manner for public viewing and voting. On or about April 15, 2013 at 12:01 AM ET until May 27, 2013 at 11:59 PM ET, or on such other dates and at such other times as determined by the Sponsors in their sole discretion (the “Public Voting Period”), visitors to the Website may vote for his or her favorite Entry according to the voting rules, and procedures established by the Sponsors, which will be posted on the Website. The Public Voting Period, voting rules and procedures and voting methods are subject to change, at the Sponsors’ sole discretion, and any changes will be posted on the Website. Voting is currently limited to one (1) vote per person per day during the Public Voting Period, but Sponsors reserve the right to change the limit on the number of votes, in their sole discretion. Notification regarding any such change will be announced on the Website.
Judging: On or about June 17, 2013, a panel of qualified judges selected by Sponsors (“Judges”) will review the eligible Entries received during the Contest Period and select nine (9) potential first prize winners (each a “First Prize Winner”) and one (1) potential grand prize winner (“Grand Prize Winner” and together with First Prize Winners may be referred to herein as “Winner” or “Winners”), for a total of ten (10) Winners, based on the following judging criteria (“Judging Criteria”): Results From Public Voting Period (15%) and Appropriateness to Theme (85%). In the event of a tie, the Judges will break the tie by selecting the tied entrant who received the highest points from the Judges for Appropriateness to Theme as the potential Winner. In the event a tie remains, the tied Entries will be judged by an additional tie-breaking judge, using the Judging Criteria, to determine which of the tied entrants will be the potential Winner. Decisions of Sponsors and Judges are final and binding with respect to all matters related to the Contest. Winning is subject to verification of eligibility. Sponsors reserve the right to pick fewer than ten (10) Winners, or to extend the Contest Period if in their sole discretion, Sponsors do not receive a sufficient number of eligible and qualified Entries. Potential Winner will be notified by email. PotentialWinner may be required to execute and return an affidavit of eligibility, release of liability, and, except where prohibited, publicity release (collectively, “Contest Documents”) within ten (10) days of such notification. Noncompliance within this time period, with these Official Rules or the return of or inability to deliver any prize/prize notification may result in disqualification and, at Sponsors' discretion, and time permitting, an alternate potential Winner may be selected from among all eligible remaining Entries based on the Judging Criteria.
PRIZE: There will be nine (9) first prizes (each a “First Prize”) and one (1) grand prize (“Grand Prize” and together with First Prizes may be referred to herein as “Prize” or “Prizes”) awarded as follows:
First Prize: Nine (9) First Prizes will be awarded; one (1) First Prize will be awarded to each First Prize Winner. Each First Prize will consist of an American Express gift card for one hundred dollars ($100). First Prizes are subject to certain terms and conditions as specified by issuer. Estimated Retail Value (“ERV”) of each First Prize is one hundred dollars ($100). Total ERV of all First Prizes is nine hundred dollars ($900).
Grand Prize: One (1) Grand Prize will be awarded to Grand Prize Winner. Grand Prize will consist of a trip for Winner and one (1) guest (“Guest”) to the Scrub Island Resort, Spa & Marina in the British Virgin Islands (“Trip”). Trip includes 1) round trip coach class airfare for Winner and Guest from a major airport near Winner’s residence (as determined by Sponsors in their sole discretion) to a major airport in or near Scrub Island, Anderson, British Virgin Islands (“Airfare”); 2) accommodations for Winner and Guest for six (6) nights/seven (7) days at the Scrub Island Resort, Spa & Marina on Scrub Island, Anderson, British Virgin Islands (standard room/double occupancy); 3) a Scrub Island Resort spa credit for two hundred and fifty dollars ($250) for Winner (“Spa Credit”); and 4) an Island Hopping Excursion for Winner and Guest (“Excursion”).
Guest must be eighteen (18) years of age or older and the age of majority in their state of residence. Airfare element of Grand Prize must not exceed one thousand eight hundred dollars ($1,800). Spa Credit and Excursion are subject to certain terms and conditions as specified by issuer.
ERV of Grand Prize is six thousand and fifty dollars ($6,050). Total ERV of all Prizes is six thousand nine hundred and fifty dollars ($6,950). Actual Retail Value of Prizes may vary. Any difference between ERV and ARV will not be awarded. Sponsors will furnish an Internal Revenue Service Form 1099 to Grand Prize Winner for the ARV of Grand Prize for the year in which Grand Prize was won.
Sponsors will determine all details of Prize in their sole discretion. Sponsors reserve the right to substitute a similar Prize (or Prize element) of comparable or greater value. All taxes and other expenses, costs, or fees associated with the acceptance and/or use of Prize are the sole responsibility of Winner. Prize cannot be transferred by Winner or redeemed for cash and is valid only for the items detailed above, with no substitution of Prize by Winner. If Prize is unclaimed within a reasonable time after notification from Sponsors, as determined by Sponsors in their sole discretion, it will be forfeited, and time permitting, an alternate Winner may be selected from the remaining eligible Entries at Sponsors’ sole discretion.
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. Date and/or time of Excursion are subject to change. Excursion is subject to cancellation. If Grand Prize Winner chooses to attend the Excursion with no Guest, the remaining elements of Grand Prize shall constitute full satisfaction of Sponsors’ Grand Prize obligation to Grand Prize Winner and no additional compensation will be awarded. Guest, if any, may be required to execute and return releases of liability and, except where prohibited, publicity releases (collectively, “Guest Documents”), which must be returned with the Contest Documents, or Guest portion of the Grand Prize will be forfeited.
Trip awarded to Grand Prize Winner must be taken between June 18, 2013 and June 18, 2014 (or on such other dates designated by Sponsors). The Trip awarded to Grand Prize Winner must be taken within dates provided by the Sponsors or Grand Prize will be forfeited. Travel arrangements must be made through Sponsors’ agent, on a carrier of Sponsors’ choice. Certain travel restrictions and black out dates may apply. Sponsors have the right in their sole discretion to substitute ground transportation for air transportation depending on Grand Prize Winner’s place of residence. Grand Prize Winner and Guest must travel together on the same itinerary, including the same departure date, destination and return date, and must have valid travel documents (e.g., valid government issued photo ID and/or passport) prior to departure, and failure to do so will result in forfeiture of Grand Prize. If Grand Prize Winner chooses to take Trip with no Guest, the remaining elements of Grand Prize shall constitute full satisfaction of Sponsors’ Grand Prize obligation to Grand Prize Winner and no additional compensation will be awarded. Sponsors will not replace any lost or stolen tickets, travel vouchers or certificates. Once travel commences, no unscheduled stopovers are permitted; if an unscheduled stopover occurs, full fare will be charged from stopover point for the remaining segments, including return, of the trip. Sponsors are not liable for any expenses incurred as a consequence of flight cancellation/delay. Trip may not be combined with any other offer and travel may not qualify for frequent flyer miles. All travel and lodging will be at the risk of Grand Prize Winner and Guest. Grand Prize Winner is solely responsible for all expenses and costs associated with acceptance and/or use of Grand Prize not specifically stated herein as being awarded, including, without limitation any and all taxes and other expenses, costs, or fees associated with the acceptance and/or use of Grand Prize, travel insurance, ground transportation, security and airport fees, taxes, insurance, gasoline, meals, gratuities, and souvenirs. Sponsors shall have the right, but not the obligation, to make any deductions and withholdings that Sponsors deem necessary or desirable under applicable federal, state and local tax laws, rules, regulations, codes or ordinances.
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 (including any 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 Sponsors, which are binding and final.Failure to comply with these conditions may result in disqualification from the Contest at Sponsors’ sole discretion.
ADDITIONAL TERMS: Sponsors reserve 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 Sponsors, who may seek damages to the fullest extent permitted by law. The failure of Sponsors 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 Sponsors (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. Sponsors reserve 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, Sponsors reserve the right to select Winners from among all eligible, non-suspect Entries received prior to the time of the event warranting such cancellation, modification, or suspension based on the Judging Criteria above. Notice of such cancellation, modification, or suspension will be posted at Website. Sponsors 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, Sponsors, or Sponsors’ agents or representatives; or behaves in any other disruptive manner (as determined by Sponsors in their sole discretion). Sponsorsreserve the right to modify these rules for clarification purposes without materially affecting the terms and conditions of the Contest.
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 ATTORNEY’S 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 the Winners, available after July 15, 2013, visit ivillage.com, or send a self-addressed, stamped envelope to be received by September 15, 2013 to: Hot Dads Contest, Attn: Elizabeth Zack, iVillage LLC, 75 Ninth Avenue, 7th Floor, New York, NY 10011.