Contest: July 20, 2010-August 15, 2010
PRELIMINARY INFORMATION: NO PURCHASE NECESSARY. A purchase will not improve your chances of winning. Void where prohibited. The Help Contest (“Contest”) will begin on July 20, 2010 at 12:01:01 AM ET and end on August 15, 2010 at 11:59:59 PM ET (“Contest Period”). All times in the Contest refer to Eastern Time (“ET”). Contest is subject to all applicable federal, state and local laws.
ELIGIBILITY: Open only to permanent, legal U.S. residents who are physically residing in one (1) of the fifty (50) United States or the District of Columbia (excluding Puerto Rico, Guam, the U.S Virgin Islands and other United States territories) , and who are eighteen (18) years of age or older and of 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 Sponsors (as defined below), ABC, Inc., d/b/a Walt Disney Studios Motion Pictures (“Prize Provider”) 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 http://the-help-ivillage-community.fotobabble.com/, (the “Website”) and create a free Fotobabble account (if you do not already have an account). Once you have created a free Fotobabble account, click create and follow the provided instructions to complete and thereafter submit the entry form. As part of the Entry, you will also be required to submit a photo (the “Photo”) and an audio recording (the “Recording”) or a short written statement (“Statement”) on the following theme: “Tell iVillage how ‘The Help’ inspired you.” The Photo must embody this theme. The photo should be a personal photograph, taken by you or of you for which you have permission to post. Photos of copyrighted material will be ineligible. You must have written permission of any person whose physical likeness or voice appears in the Photo or the Recording and the Photo must not depict any copyrighted materials or trademarks that you do not have permission to depict nor should the Recording mention any trademarks. You may submit the Photo and Recording or Statement online according to the provided instructions on the Website and the Recording must be submitted in the English language. All entries become the property of iVillage Inc., 75 9th Avenue, 7th Floor, New York, NY, 10011, and NBC Universal, Inc., 30 Rockefeller Plaza, New York, NY 10112, (collectively, “Sponsors”), and will not be acknowledged or returned.
You must submit the Photo and Recording or Statement (collectively refereed to herein as the “Submission”) as part of your Entry to enter and be eligible for the Contest. Your Submission must be original (that is taken by, and recorded by you). Recordings containing any music or copyrighted material of a third party will be disqualified. You must have the permission of any person that you identify, otherwise refer to or who participates in your Recording. 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 Photo or Recording 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 August 15, 2010 at 11:59:59 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. 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.
JUDGING: On or about August 16, 2010 a panel of qualified judges selected by Sponsors (“Judges”) will review the eligible entries received during the Contest Period and select five (5) potential grand prize winners (“Grand Prize Winners”) and ten (10) first place winners (“First Place Winners” and together with Grand Prize Winners, collectively referred to herein as “Winners”) based on the following judging criteria (“Judging Criteria”): Inspirational (50%) and Originality (50%). 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 First Place or 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 among the potential First Place or Grand Prize Winners. 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. 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 within three (3) 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 five (5) Grand Prize Winners, each awarded a grand prize (“Grand Prize”), and ten (10) First Place Winners, each awarded a First Prize (“First Prize” and “Grand Prizes” collectively referred to herein as “Prizes”) awarded.
GRAND PRIZE: Each Grand Prize consists of the following: a trip for winner and one (1) guest (“Guest”) to Greenwood, Mississippi to the set of the filming of The Help (“Trip”). The Trip consists of the following elements, all as determined by Sponsors and Prize Provider, in their sole discretion: a) round-trip coach class air transportation for Grand Prize Winner and Guest from a major U.S. gateway airport nearest Grand Prize Winner's residence to one (1) of the major airports nearest Greenwood, Mississippi; b) three (3) days and two (2) nights hotel accommodations (standard room, double occupancy) at a hotel chosen by Sponsors in their sole discretion); c) one (1) one hundred dollars ($100) to be awarded as a check or in some other form as determined by Sponsors in their sole discretion check, and; e) a visit to the set of the filming of The Help, ground transportation provided, with the chance to meet talent and filmmakers, as well as attend a dinner party, collectively at Prize Provider’s sole discretion, and as accompanied by Prize Provider’s representatives.
Estimated Retail Value (“ERV”) of Grand Prize is one thousand seven hundred dollars ($1,200). ERV of all Grand Prizes is eight thousand and five hundred dollars ($6,000).
Actual Grand Prize value may vary depending upon the actual cost of air transportation from point of departure at time of reservation. Sponsors will furnish an Internal Revenue Service Form 1099 to Grand Prize Winner for the ERV of Grand Prize for the tax year in which Grand Prize was won. The value of Grand Prize represents Sponsors' good faith determination of the maximum retail value thereof. For Form 1099 reporting purposes, Grand Prize Winner shall be bound by such good faith determination.
Travel must occur between August 23, 2010 and October 11, 2010. If Grand Prize Winner is unable to travel during the dates specified by Sponsors, Grand Prize will be forfeited and Sponsors may, in their sole discretion award Grand Prize to an alternate Grand Prize Winner selected from among all remaining eligible entries. Travel and hotel arrangements will be determined by Prize Provider in its sole discretion. Neither transportation nor accommodations in Greenwood will be included in the Grand Prize for winners who live within a fifty (50) mile radius of Greenwood. Sponsor and Prize Provider, in their sole discretion, may substitute ground transportation for airfare if the Grand Prize Winner lives within a one hundred (100) mile radius of Greenwood, Mississippi. 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 Guest 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.
Tickets are non-refundable. Reservations are subject to availability. Tickets are not valid for business-related or group travel. Tickets are valid only for travel on airline chosen by Sponsors and Prize Provider in their sole discretion. A Saturday night stay-over may be required. 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. Once issued, tickets are non-transferable and may not be reissued once travel has commenced. Open tickets may not be issued and stopovers are not permitted. Grand Prize Winner and Guest must have valid travel documents (e.g., valid, government-issued photo identification and/or passport) prior to departure. Failure to do so will result in forfeiture of Grand Prize. Sponsors and Prize Provider shall have no responsibility or liability for cancellations, delays, or any other change by any company or person providing any element of Grand Prize due to reasons beyond Sponsors’ or Prize Provider’s control, and are not responsible or liable for any expenses incurred as a consequence thereof. 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 Grand Prize Winner and Guest. Sponsors and Prize Provider 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, Sponsors and Prize Provider reserve the right to reschedule all travel for a later date. If Grand Prize Winner chooses to travel without a Guest the remaining elements of Grand Prize shall be awarded and 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 a release of liability and, except where prohibited, a publicity release (collectively, “Guest Documents”), which must be returned with the Contest Documents, or Guest portion of Grand Prize will be forfeited. Guest must be eighteen (18) years of age or older and of the age of majority in their state of residence as of the start of the Contest Period.
FIRST PRIZE: The First Prize will consist of: 1) one (1) fifty dollar ($50) Amazon.com gift card, and 2) one (1) autographed copy of the book, The Help. ERV of each First Prize is seventy-five dollars ($75). ERV of all First Prizes is seven hundred and fifty dollars ($750).
ERV of all Prizes is nine thousand two hundred and fifty dollars ($9,250).
Sponsors will determine all details of Prizes in their sole discretion. Prizes will be awarded “as is” with no warranty or guarantee, either express or implied by Sponsor. Gift cards are subject to certain terms and conditions as specified by issuer. 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.
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 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 Prizes, including express warranties provided exclusively by Prize supplier that are sent along with Prizes; (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 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 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 August 16, 2010, visit send a self-addressed, stamped envelope to be received by September 15, 2010 to: The Help, c/o iVillage Inc., 75 9th Avenue, 7th Floor, New York, NY 10011, Attn: Nada Arnot.
