iVillage Halloween Outrageous Holiday Photo Contest
November 19, 2012 — January 8, 2013
PRELIMINARY INFORMATION: NO PURCHASE NECESSARY. A purchase will not improve your chances of winning. Void where prohibited. The iVillage Outrageous Photo Contest (“Contest”) will begin on November 19, 2012 at 12:00 AM ET and end on January 8, 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 (as 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 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, 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 their 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 one (1) of the following two (2) methods:
1) Go to http://www.ivillage.com/photo-contests/outrageous-holiday, (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, login 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 (“Entry”). As part of your Entry, you will also be required to: (1) upload an “Outrageous Holiday” photo (“Photo”), (2) provide a name, nickname or image title, (3) provide a one hundred forty (140) character or less description of the Photo, and (4) select a category (“Category”) that applies to your Photo from the following options: (i) Sweet Treats, (ii) Festive Fashion, or (iii) Home Decorations.
2) Go to http://apps.facebook.com/ivillage-holiday-s during the Contest Period, and access the Contest tab (“Contest Tab”) by clicking “Like” and becoming a fan of the Website. Then follow the provided instructions to complete and thereafter submit your Entry. As part of your Entry, you will also be required to: (1) upload an “Outrageous Holiday” photo (“Photo”), (2) provide a name, nickname or image title, (3) provide a one hundred forty (140) character or less description of the Photo, and (4) select a category (“Category”) that applies to your Photo from the following options: (i) Sweet Treats, (ii) Festive Fashion, or (iii) Home Decorations.
All Entries become the property of Sponsors and will not be acknowledged or returned. You must submit the Photo as part of your Entry to enter and be eligible for the Contest. Please note that all Photos are subject to verification of status. Professional Photos and/or Photos with watermarks will not be accepted. Your Photo must be original (that is, taken by you), true and verifiable. You must be the only person that appears 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 Photo (and the related Entry) 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 January 8, 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. You may enter once per day during the Contest Period, regardless of method of Entry. Multiple Entries received from any person or email address beyond this limit will void all such additional Entries. For purposes of these Official Rules, a “day” will start at 12:00 AM ET and end at 11:59 PM ET. 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: Beginning on or about November 19, 2012, Entries will be posted on the Website and Contest Tab in a randomized manner for public viewing and voting. On or about November 19, 2012 at 12:01 AM ET until January 8, 2013 at 11:59 PM ET, or on such other dates and at such other times as determined by Sponsors in their sole discretion (the “Voting Period”), visitors to the Website may vote for his or her favorite Entry according to the following voting judging criteria: Appropriateness to Theme (100%). Voting is subject to the rules and procedures established by Sponsors, which will be posted on the Website. Voting is currently limited to one (1) vote per Photo per day during the 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.
SELECTION AND NOTIFICATION OF WINNER:
On or about January 9, 2013,
PRIZE: There will be three (3) prizes (each a “Prize”) awarded; one (1) Prize will be awarded to each Winner. Each Prize will consist of the following: an American Express gift card for five-hundred dollars ($500). Prize is subject to certain terms and conditions as specified by issuer.
Estimated Retail Value (“ERV”) of each Prize is five-hundred dollars ($500). ERV of all Prizes is one-thousand five hundred dollars ($1,500). Actual Retail Value (“ARV”) of Prize may vary. Any difference between ERV and ARV will not be awarded.
All details of Prize will be determined by Sponsors 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 Winners may be selected from the remaining eligible Entries at Sponsors’ sole discretion.
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, Facebook, 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 the 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 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 on the 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). Sponsors reserve 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 name of the Winners, available after January 15, 2013, send a self-addressed, stamped envelope to be received by March 15, 2013 to: iVillage Outrageous Holiday Photo Contest, Attn: A. Luppino, 75 Ninth Avenue, 6th Floor, New York, NY 10011.