NO PURCHASE NECESSARY TO ENTER OR WIN.
THE SANTA FREAKOUT PHOTO CONTEST (THE “CONTEST”) IS INTENDED FOR PARTICIPATION ONLY IN THE UNITED STATES AND SHALL BE CONSTRUED ACCORDING TO, AND GOVERNED EXCLUSIVELY BY, UNITED STATES LAW. DO NOT PARTICIPATE IN THE CONTEST IF YOU ARE NOT A LEGAL RESIDENT OF THE UNITED STATES PHYSICALLY LOCATED IN THE UNITED STATES AT THE TIME OF ENTRY OR DO NOT FALL WITHIN THE ELIGIBILITY REQUIREMENTS SET FORTH IN THESE OFFICIAL RULES.
ONCE YOU SUBMIT A PHOTOGRAPH IN THE MANNER SET FORTH BELOW, IT BECOMES THE LICENSED PROPERTY OF SHEKNOWS, LLC, AN ARIZONA LIMITED LIABILITY COMPANY (“SPONSOR”)
BY ENTERING THE CONTEST, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES TO SPONSOR FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.
ELIGIBILITY:: ELIGIBILITY: In order to be eligible for entry into the Contest, you must be (a) a resident of the 50 United States or the District of Columbia at the time of entry, and (b) the age of majority in your primary state of residence at the time of entry into the Contest. Employees and their immediate family members (parents, children, siblings or spouse, regardless of where they live, or persons living in same household, whether related or not) of Sponsor or any of its affiliates (collectively, the “Sponsor Entities”) are not eligible to participate in the Contest or win the grand prize. The Contest is void in Puerto Rico, all U.S. territories and possessions and overseas military installations and where prohibited by law.
SUBMISSIONS: The requirements for Submissions are as follows: Each Submission must consist of a single photograph of a person having an adverse reaction to an interaction with a person wearing a Santa Claus costume accompanied with a caption for such photograph of ten words or less. The photograph included in the Submission must be in digital format. No print or film submissions will be accepted for entry into the Contest. The photograph must be in JPEG or.jpg file format, and each file must be no larger than 150KB in file size. Each Submission must be entirely your own work and must not contain any content that is obscene, pornographic, libelous or otherwise objectionable or inappropriate. You may not submit any photograph or caption that contains any elements from any other artist’s creation, work or pieces. The parent or legal guardian of any identifiable person under the age of majority in his/her state of residence appearing in a Submission must have consented to the Submission. You agree that once you submit your Submission, it becomes the licensed property of Sponsor. You may submit an unlimited number of Submissions; provided, that each Submission must be submitted with a separate Entry Form on the Website.
NOTE: Internet entry must be made by the entrant only at the Website. Entries made by any other individual or any entity, and/or originating at any other web site or e-mail address, including but not limited to commercial sweepstakes subscription notification and/or entering service sites, will be declared invalid and disqualified for this Contest. The use of any device to automate the entry process is prohibited.
WINNER NOTIFICATION: The winners will be selected solely by Sponsor based on the ratings, as determined by Sponsor in its sole and absolute discretion. The decisions of Sponsor are final. The potential winner will be notified by telephone and/or mail and/or email using the contact information given at the time of entry. Sponsor shall have no liability for any winner notification that is not received by the potential winner for any reason. For the name(s) of the winner(s), send a self-addressed stamped envelope, which must be received by no later than May 15, 2009 to the Sponsor at its above address.
PRIZES AND APPROXIMATE RETAIL VALUE ("ARV"): One grand prize will be awarded which consists of $1,000 USD in cash. Sponsor may in its sole and exclusive discretion replace the grand prize or any component thereof with a prize of equal or greater value. Total ARV of all prizes $1,000 USD.
PRIZE CLAIM: The potential winner of the Contest will be notified by mail or email and will be required to sign and return within a specified time period an Affidavit of Eligibility and Liability/Publicity Release (“Affidavit”) and any other documents Sponsor may require. Failure to timely return a signed Affidavit or other required documents or the return of any prize notification or prize as undeliverable will result in prize forfeiture and the next highest scoring Entrant will become the new potential winner of the Contest. The new potential winner of the Contest will also be subject to the requirements set forth in these Official Rules. Federal and state income taxes may apply and are the sole responsibility of the winner of the Contest. All expenses not specifically stated as being included are excluded, including, without limitation, taxes, including any income tax, and are the responsibility of the winner of the Contest. The winner of the Contest will be issued an Internal Revenue Service Form 1099 for the value of their prize for the tax year in which prize was won. No assignment or transfer of any prize is permitted.
LICENSE: By entering a Submission in the Contest, each Entrant hereby grants Sponsor and its successors a worldwide, perpetual, exclusive, irrevocable, royalty-free, sublicenseable (through multiple tiers) and transferable license (with a right to create derivative works) to use, copy, modify, distribute, perform, publicly perform and display Entrant’s Submission, in any and all media, in whatever form, for any legal purposes whatsoever now known or hereinafter becomes known. Each Entrant irrevocably waives any and all so-called moral rights they may have in the Submission(s) submitted by him or her.
DATES AND DEADLINES / ANTICIPATED NUMBER OF ENTRANTS: Because of the unique nature and scope of the Contest, Sponsor reserves the right, in addition to those other rights reserved herein, to modify any date(s) or deadline(s) set forth in these Official Rules or otherwise governing the Contest. Sponsor cannot accurately predict the number of Entrants who will participate in the Contest.
FURTHER DOCUMENTATION: In the event Sponsor shall desire to secure additional assignments, releases, certificates of engagement for the Submission or other documents as Sponsor may reasonably require in order to effectuate the purposes and intents of the agreements hereunder, each Entrant agrees to sign the same upon Sponsor’s request therefor (without any need for any additional consideration).
PUBLICITY RELEASE: By participating in the Contest, in addition to any other grants which may be granted in any other agreement entered into between or among Sponsor and any Entrant in or winner of the Contest, each Entrant irrevocably grants Sponsor and its successors, assigns and licensees, the right to use such Entrant’s Submission, name, likeness, biographical information, and the name, likeness and biographical information of any individual(s) participating in the Submission, in any and all media for any purpose, including without limitation, commercial, advertising and promotional purposes as well as in, on or in connection with the Website or the Contest or other promotions, and hereby releases the Sponsor Entities from any liability with respect thereto, unless prohibited by law.
NATURE OF RELATIONSHIP / WAIVER OF EQUITABLE RELIEF: Each Entrant hereby acknowledges and agrees that the relationship between the Entrant and the Sponsor Entities is not a confidential, fiduciary or other special relationship, and that the Entrant’s decision to provide the Entrant’s Submission to Sponsor for purposes of the Contest does not place the Sponsor Entities in a position that is any different from the position held by members of the general public with regard to elements of the Entrant’s Submission. Each Entrant acknowledges and agrees that the Sponsor Entities do not now and shall not have in the future any duty or liability, direct or indirect, vicarious, contributory or otherwise, with respect to the infringement or protection of the Entrant’s copyright in and to the Submission. Finally, each Entrant acknowledges that, with respect to any claim by Entrant relating to or arising out of any Sponsor Entities’ actual or alleged exploitation or use of any Submission or other material submitted in connection with the Contest, the damage, if any, thereby caused to the applicable Entrant will not be irreparable or otherwise sufficient to entitle such Entrant to seek injunctive or other equitable relief or in any way.
GENERAL LIABILITY RELEASE/FORCE MAJEURE: Each Entrant agrees that Sponsor shall not be responsible or liable for any losses, damages or injuries of any kind resulting from the Contest or any Contest-related activity and hereby waives all rights to bring any claim, action or proceeding against any of the Sponsor Entities with respect thereto. Without limiting the generality of the foregoing, Sponsor shall not be responsible or liable for (a) any damage to an Entrant’s computer system which is occasioned by accessing the Website or participating in the Contest, (b) any computer system, phone line, hardware, software or program malfunctions, or other errors, failures, delayed computer transmissions or network connections that are human or technical in nature, (c) incomplete, illegible, misdirected, misprinted, late, lost, damaged or stolen Submissions or notifications, (d) lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet Service Providers, websites or other connections, (e) the incorrect or inaccurate capture of information, or the failure to capture any information, (f) any ambiguity with respect to these Official Rules, including the judging criteria, any Affidavit documents or any promotional materials related to the Contest, or (g) any liability arising in connection with any other cause, condition or event whatsoever beyond the control of Sponsor. Sponsor reserves the right in its sole discretion to disqualify any individual who is found to be (a) tampering with the entry process or the operation of the Contest or the Website, (b) acting in violation of these Official Rules, (c) acting in an unsportsmanlike or disruptive manner, (d) acting with the intent to disrupt or undermine the legitimate operation of the Contest, or (e) acting in a manner to annoy, abuse, threaten or harass any other person, and Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. In the event Sponsor is prevented from continuing with the Contest as contemplated herein by any event beyond its control, including, without limitation, fire, flood, earthquake, explosion, labor dispute or strike, act of God or public enemy, or any federal, state or local government law, order or regulation, or other cause not reasonably within Sponsor’s control (each a “force majeure” event or occurrence), then subject to any governmental approval which may be required, Sponsor shall have the right to modify, suspend or terminate the Contest. If the Contest is terminated before the designated end date, Sponsor will (if possible) select the winner from all eligible, non-suspect Submissions received as of the date of the event giving rise to the termination.
DISPUTES: Each Entrant agrees to release, defend, indemnify and hold harmless each of the Sponsor Entities, those working on behalf of the Sponsor Entities and each of their respective officers, directors, representatives, employees, agents, successors and assigns from any damage, injury, death, loss or other liability, either at law or equity, whether known or unknown, asserted or non-asserted, that may arise from or in any way relate to any Entrant’s participation in the Contest, Sponsor’s use of the Submission or the awarding, acceptance, use or misuse of any prize. Any and all disputes, claims and causes of action arising out of or in connection with the Contest shall be resolved individually without resort to any form of class action. The Contest shall be governed by and construed in accordance with the laws of the State of Arizona regardless of principles of conflicts of laws that may require the application of the laws of another jurisdiction. Any action or litigation concerning this Agreement shall take place exclusively in the federal or state courts sitting in Maricopa County, Arizona, and each Entrant expressly consents to the jurisdiction of and venue in such courts and waives all defenses of lack of jurisdiction and inconvenient forum with respect to such courts. Each Entrant agrees to service of process by mail or other method acceptable under the laws of the State of Arizona.
ANY CLAIMS, JUDGMENTS AND/OR AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS ASSOCIATED WITH ENTERING THIS CONTEST. ENTRANT HEREBY WAIVES ANY RIGHTS OR CLAIMS TO ATTORNEYS’ FEES, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ENTRANT, WHETHER FORESEEABLE OR NOT AND WHETHER BASED ON NEGLIGENCE OR OTHERWISE.
WINNER LIST: To obtain a copy of a winner list, send a self-addressed stamped envelope to Santa Freak Out Contest Winner List, 16101 N. 82nd St., Suite A-9, Scottsdale, AZ 85260. All such requests must be received no later than January 31, 2013. These Official Rules and the winner of the Contest will be posted on the Website.
SEVERABILITY: The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
SPONSOR: SheKnows, LLC, 16101 N. 82nd St., Suite A-9, Scottsdale, AZ 85260.