iVillage Best Family Vacation Photo Upload Contest Official Rules

 

Click here to enter the iVillage Best Family Vacation Photo Upload Contest!


iVillage Best Family Vacation Photo Upload Contest

Official Rules

July 23, 2012 September 9, 2012

 

PRELIMINARY INFORMATION:  No purchase necessary. A purchase will not improve your chances of winning. Void where prohibited. The iVillage Best Family Vacation Photo Upload Contest (“Contest”) will begin on July 23, 2012 at 9:00 A.M. ET and end on September 9, 2012 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 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 eighteen (18) years of age or older as of the start of the Contest Period. Officers, directors, and employees of Contest Entities (as defined below), Choice Hotels International, Inc., and the respective 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, New York, NY 10011, NBCUniversal Media, LLC, 30 Rockefeller Plaza, New York, NY 10112, iVillage.com, LLC, 75 Ninth Avenue, Floor 7, New York, NY 10011 (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: You may enter the Contest, during the Contest Period through the following  entry method:

 

1)      Go to http://www.ivillage.com/photo-contests/endless-summer/, (the “Website”) and if you do not have an iVillage.com account, follow the provided instructions to register. 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 “Best Family Vacation” photo of yourself or your family (“Photo”), (2) provide a name, nickname or image title, (3) 140 character or less description of the Photo, and (4) select a category that applies to your Photo from the following options: (i) Beach, (ii) Road Trip, and (iii) Amusement Park (each a “Category”).

 

 

You may submit Photo online according to the provided instructions on the Website. Professional Photos and/or Photos with watermarks will not be accepted. Please note that all Photos are subject to verification of status. All Entries become the property of Sponsors, and will not be acknowledged or returned. You must submit Photo as part of your Entry to enter and be eligible for the Contest.  Your Photo must be original (that is, taken by you), true and verifiable. You must have the permission of any person that you identify or otherwise reference in your Photo. 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 Photo and to incorporate Photo 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 Photo 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 Photo contains material that is violent, pornographic, obscene, illegal, inappropriate, or racially or morally offensive or if any Photo does not comply with these Official Rules or meet Sponsors’ standards for any reason, as determined by Sponsors in their sole discretion, such Photos (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 Photos.

 

Entries must be received before September 9, 2012 at 11:59 P.M. ET to be eligible for the Contest. Sponsors’ 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 iVillage, LLC and selected partners by checking the appropriate box(es). If, at any time, you no longer wish to receive materials from iVillage, LLC or our partners, please go to our privacy policy, located at http://www.ivillage.com/privacy-policy/8-a-257153.

 

 

SELECTION AND NOTIFICATION OF WINNER: On or about September 12, 2012, a panel of qualified judges selected by Sponsors (“Judges”) will review the eligible Entries received during the Contest Period and select three (3) first prize winners (“First Prize Winners”); one (1) First Prize Winner will be selected from each Category, 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%). 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 attractiveness of Photo as the potential First Prize 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 First Prize Winner.  Decisions of Sponsors and Judges are final and binding with respect to all matters related to the Contest. From the three (3) First Prize Winners, one (1) potential grand prize winner (“Grand Prize Winner” and together with First Prize Winners will be referred to herein as “Winners” or “Winner”) will be selected based on the Judging Criteria. 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 Originality as the potential Grand Prize 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 Grand Prize Winner. Winning is subject to verification of eligibility. Sponsors reserve the right to extend the Contest Period if in their sole discretion, Sponsors do not receive a sufficient number of eligible and qualified entries. Potential Winners will be notified by email. Potential Winners may be required to execute and return an affidavit of eligibility, release of liability, and, except where prohibited, publicity release (collectively, “Contest Documents”) within five (5) 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.

 

FIRST PRIZE: There will be three (3) first prizes awarded (each a “First Prize”), one (1) First Prize awarded to each First Prize Winner, consisting of the following: a Summer Road Trip Beach Bag. Estimated retail value (“ERV”) of each First Prize is five hundred dollars ($500). ERV of all First Prizes is one thousand five hundred dollars ($1,500).  First Prizes will be awarded “as is” with no warranty or guarantee, either express or implied by Sponsors. Sponsors will determine all details of First 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 First Prize are the sole responsibility of First Prize Winners. First Prize cannot be transferred by First Prize Winner or redeemed for cash and is valid only for the items detailed above, with no substitution of First Prize by First Prize Winner. If First 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 First Prize Winner may be selected from the remaining eligible entries at Sponsors’ sole discretion.

 

GRAND PRIZE: There will be one (1) grand prize awarded (“Grand Prize”) to Grand Prize Winner. Grand Prize will consist of a trip (“Trip”) for Grand Prize Winner and up to three (3) guests (“Guests”), to one (1) of the following destinations: (1) New York, New York, (2) San Diego, California, or (3) Orlando Florida (each a “Destination”). Grand Prize Winner may select Destination of Trip, subject to availability and Sponsors’ sole discretion. Trip includes: 1) round-trip coach class domestic air transportation for Grand Prize Winner and Guests from a major U.S. gateway airport near Grand Prize Winner’s residence, as determined by Sponsor in its sole discretion, to and from an airport in or near Destination, as determined by Sponsor in its sole discretion; and 2) a five (5) day and four (4) night stay at a Comfort Inn® Hotel in or near Destination, as determined by Sponsor in its sole discretion. ERV of Grand Prize is three thousand dollars ($3,000).

 

Grand Prize must be redeemed and all travel completed by September 30, 2013. Travel is subject to blackout dates and availability. Travel and hotel arrangements will be determined by Sponsors in their sole discretion. Once determined, no change, extension, or substitution of travel dates and/or times is permitted, except by Sponsors in their sole discretion. Grand Prize Winner and Guests must travel together on the same itinerary. 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. All taxes and fees assessed at the time of ticketing are the responsibility of Grand Prize Winner.

 

Total ERV of all Prizes is four thousand five hundred ($4,500).

 

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. 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. ARV of Grand Prize may vary based on travel dates and Destination. Any difference between the ERV and the ARV will not be awarded. 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.

 

All details of Prize will be determined by Sponsors in their sole discretion.  Winner must be able to travel before September 30, 2013 (or on such other dates designated by Sponsors).  The Trip awarded to the Winner must be taken within dates provided by the Sponsors or the 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 Winner’s place of residence.  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 Prize. 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 Winner and Guest. Winner is solely responsible for all expenses and costs associated with acceptance and/or use of 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 Prize, travel insurance, ground transportation (other than as described above), 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. Prize cannot be transferred or substituted by Winner or redeemed for cash and is valid only for the items detailed above, with no substitution of Prize by Winner. Sponsors reserve the right to substitute a similar Prize (or Prize element) of comparable or greater value.  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.  If Grand Prize Winner chooses to take Trip with fewer than three (3) Guests or no Guests at all, 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. Guests, 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. If any Guest is a minor, Grand Prize Winner (or one (1) 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,  Choice Hotels International, Inc. 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 or 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).  Sponsor reserves the right to modify these rules for clarification purposes without materially affecting the terms and conditions of 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.

Any and all disputes, claims and causes of action arising out of or connected with the Contest, or any prize awarded, will be resolved individually, without resort to any form of class action.

 

WINNER ANNOUNCEMENT: For the names of the Winners, available after September 30, 2012, send a self-addressed, stamped envelope to be received by November 30, 2012 to: iVillage Best Family Vacation Photo Upload Contest, Attn: J. Cordero, 75 Ninth Avenue, 6th Floor, New York, NY 10011.

 

 

Click here to enter the iVillage Best Family Vacation Photo Upload Contest!


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