No purchase necessary to enter or win. A purchase or payment of any kind will not increase your chances of winning. Void where prohibited by law.
- Sponsor. Heraldonline.com (“Contest”) is sponsored by The Herald Media Group,
located at 132 West Main Street, Rock Hill, SC 29730.
- Eligibility. The Contest is open only to participants who, as of the entry
date, are legal residents of York, Chester, Lancaster, SC Counties and Mecklenburg
County, NC, 18 years or older. The Contest is void in all other jurisdictions
and where prohibited or restricted by law. Employees, officers and directors
of Sponsor, UPICKEM, Inc. (“UPICKEM”), and their respective subsidiaries,
affiliates, advertising and promotional agencies, and the immediate families
(defined as parents, spouses, children, siblings, grandparents, and their
respective spouses) or members of the same household (whether related or
not) of each such employee, officer and director, are not eligible to enter.
The Contest, and any website pages and advertisements relating thereto,
is intended for viewing only within the jurisdictions where the Contest
is offered.
- Contest Entry Period. The Contest Entry Period begins at 12 AM EST on October 17, 2013 and ends at 12 AM EST on October 29, 2013.
- How to Enter.
- To enter, go to heraldonline.com during the Contest Submission Period
and follow the links and instructions to submit your entry information, including
your Photo (as defined and described in Section 4(b) below). Each entrant
(sometimes referred to as “contestant”) must completely fill out the online
entry form with valid information, and submit the Photo in accordance with
the on-screen instructions. All entries must be submitted online. Mailed or
hard copy entries will not be accepted. Sponsor must receive all entries,
including Photo submissions, during the Contest Submission Period. Failure
to submit all required information and submissions in the manner required
in these Official Rules may result in disqualification. Entries will not be
acknowledged or returned. Proof of submission will not be deemed to be proof
of receipt by Sponsor. LIMIT: One (1) entry/photo per person/photo in the
Contest. Duplicate entries and photos risk disqualification.
- Each entrant is required to submit to Sponsor an original photo (the “Photo”),
and may submit no more than one Photo. Each Photo must be in good taste.
Sponsor reserves the right to disqualify any Photo for any reason, including
but not limited to the entrant’s failure to comply with the requirements
in this paragraph.
- All submissions in the Contest (and all components of such submissions)
by an entrant must be the entrant’s own. By entering the Contest and submitting
a Photo to Sponsor, each entrant has represented (i) that the entrant is
the copyright owner of the Photo or has written permission from the copyright
owner to enter the Photo in this Contest and to grant to Sponsor all rights
necessary to use the Photo in the Contest, (ii) that the entrant has granted
to the Sponsor an irrevocable license to publish, republish, distribute and
copy the edited Photo an unlimited number of times in any print, electronic
or other medium, and (iii) that the entrant has obtained from anyone
identified or depicted in the Photo (or the parent or guardian of any
child identified or depicted) all permission necessary to grant the
Sponsor the foregoing license. Modifying, enhancing or altering a third
party’s preexisting work does not qualify as an entrant’s original creation.
Each submission must be in keeping with the Sponsor’s positive image and may
not be offensive or inappropriate, as determined by Sponsor in its sole discretion,
nor can it defame or invade publicly rights or privacy of any person, living
or deceased, or entity, or otherwise infringe upon any person’s or entity’s
personal, intellectual property or property rights or any other third party
rights. All Photos (including related captions) must adhere to heraldonline.com
standard terms and conditions for user-generated content located at
http://www.heraldonline.com/terms-of-service.
Sponsor reserves the right, in its sole discretion, to disqualify any entry
for any reason, including any entry Sponsor deems, in whole or in part, to
be offensive, inappropriate or that is not in keeping with Sponsor’s positive
image. Any submission that does not comply with any aspect of these Official
Rules may be rejected by Sponsor and the entrant disqualified.
- Each entry and related submissions, including, without limitations, all
contents, concepts and ideas embodied therein, becomes the exclusive
property of Sponsor, and will not be returned by Sponsor. Each entrant
hereby irrevocably assigns to Sponsor, its successors and assigns, all right,
title and interest in and to such entry and submissions, including, without
limitation, all intellectual property and other proprietary rights
without expectation of compensation or acknowledgement (other than the
prize, if any, that is awarded to entrant as set forth in these Official
Rules). Each entrant agrees that Sponsor and its successors, assigns, licensees
and designees shall have the perpetual, irrevocable, world-wide and fully-transferable
right (but not obligation) to use, modify, display, reproduce, make derivative
works of, and otherwise exploit entrant’s entry and submissions (or any
part thereof) for promotional purposes in any manner or media whether now
or hereafter existing and/to otherwise use or commercially exploit any
entry or submission (or any part thereof) or information or ideas
contained within any entry or submission, all without further payment,
consideration, attribution, notice or consent. Sponsor shall have no obligation
to maintain any of the entries or submissions, or any information or ideas
contained therein, as confidential or proprietary. Sponsor reserves the
right to edit, modify, or abridge any such entry or submissions for any
reason prior to use.
- All entrants and entries are subject to verification by Sponsor. Sponsor
reserves the right to conduct a background check on any or all entrants, and
Sponsor reserves the right to disqualify any individual based on such background
check if Sponsor determines in its sole discretion that awarding a prize to
any such individual might reflect negatively on Sponsor. Entrants will cooperate
with Sponsor and its representatives in connection with any and all
verification and background check activities, including, without
limitation, signing and delivering background check authorizations.
- Judging: Selection of Winners; Notification; Acceptance
- Top 10. From approximately October 30, 2013 to November 10, 2013, the Contest
judges will select the Top 10 Photos through a combination of popular vote
and panel of Contest judges (weighed as follows: (A) popular user vote (45%);
and (B) panel of Contest Judges (55%) (the "Standard Contest Weighting").
Contest Judges will judge Photos on the basis of overall appeal of the Photo.
In the event of a tie, the tied entries will be re-evaluated against each
other by the judging panel based on the Photo Criteria until the tie is broken.
- Winner(s). Sponsor will announce the winner(s) on or about November 11, 2013.
In the event of a tie, the tied entrants will be reevaluated against each other
by the judging panel based on the Photo criteria until the tie is broken.
- Entrants selected as potential winners must comply with all terms and conditions
of these Official Rules, and winning is contingent upon fulfilling all requirements.
Potential winner(s) will be notified by phone or email. If a potential winner
is not present at the time of the notification and a telephone message or
email can be left by Sponsor at that time, he/she will have forty-eight (48)
hours to accept the prize by returning the Sponsor’s call at the number
provided by Sponsor or returning an email at the email address provided by the
Sponsor. The potential winner will be required to execute and return to Sponsor
the following in order to claim his/her prize (collectively, the “Acceptance
Documents”): (i) An acceptance form and publicity release form provided by
the Sponsor, and (ii) any other prize acceptance documents in form provided by
Sponsor. The Acceptance document(s) must be returned to the Sponsor by the
date and/or time indicated by Sponsor.
- If a telephone message or email cannot be left by Sponsor at a potential
winner’s phone number or email address when the Sponsor placed the notification
call or email, or if the potential winner does not return the notification
call or email within forty-eight (48) hours of Sponsor’s first attempt to contact
the potential winner by telephone or email or if the potential winner fails
to return the Acceptance Documents within the specified time, or if the potential
winner is found to be ineligible, or if the potential winner does not comply
with the Official Rules, then the potential winner may be disqualified and
an alternate potential winner selected by Sponsor in his/her place based on
results of contest popular vote and panel of Contest Judges, via Standard
Contest Weighing. In such event, an alternate potential winner will be notified
by Sponsor by telephone or email as described above and will be required to
return the required documents to Sponsor as described above; however, Sponsor,
in its sole discretion, may adjust the above timing and delivery requirements
to accommodate Sponsor’s Contest schedule, and due to such schedule and timing,
Sponsor may be unable to award the prize with respect to the disqualified potential
winner. Sponsor is not responsible for the failure of a potential winner to
receive Sponsor’s telephone or email message or the Acceptance Documents for
any reason, or for the inability of such potential winner to return Sponsor’s
telephone or email message or the Acceptance documents for any reason. Winner
agrees that he/she will not conduct or participate in any media interview regarding
this Contest or any prize without the express prior written permission of Sponsor.
Sponsor reserves the right not to select winners in this Contest if none of
the entries meet the Photo guidelines and Photo Criteria set forth in Official
Rules.
- Agreement
to Official Rules and Decisions. By participating in
the Contest, each entrant fully and unconditionally agrees to be bound by
and accepts these Official Rules and the decisions of Sponsor and the
judging panel (including, without limitation, decisions regarding
eligibility of entries, the selection of winners, and the awarding of
prizes), which are final and binding in all respects.
- Prizes. A total of one (1) prizes will be
awarded in this Contest. Prizes must be accepted as awarded, and prize is awarded “AS IS”
with no warranty, representation, or guarantee, express or implied, in
fact or in law, made by Sponsor or for which Sponsor may be liable,
including, without limitation, ANY IMPLIED WARRANTIES OF MERCHANTABILITY,
NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. All costs and expenses not
specified herein related to the prize or the award, acceptance or use
thereof, including but not limited to transportation costs, lodging,
meals, beverages, taxes (including income taxes), gratuities, insurance,
healthcare expenses, surcharges and other expenses incurred
non-transferable and non-assignable, and it is not refundable. No cash or other substitution may
be made, except by Sponsor. Prize winner is fully responsible for any and all applicable federal,
state and local taxes and assessments associated with prize award, receipt
and use.
- Publicity. Except where prohibited by law,
participation in the Contest constitutes entrant’s consent to Sponsor’s
(and its successors’, assigns’, licensees’ and designees’) use of
entrant’s name, biography, likeness, voice, photographs, video, opinions,
hometown, state and country for promotional or other purposes in any
matter or media (including, without limitation, online), worldwide, in
perpetuity, and without further notice, payment, consideration or
consent.
- General
Conditions. Sponsor reserves
the right, in its sole discretion, to terminate, modify or suspend the
Contest if, in Sponsor’s opinion, there is any suspected or actual
evidence or electronic or non-electronic tampering with any portion of the
Contest, or if viruses, bugs, unauthorized intervention, fraud, technical
difficulties or failures, human error or any other factor beyond Sponsor’s
reasonable control corrupt or affect the administration, security,
fairness, integrity or proper conduct of the Contest. In such event, Sponsor reserves
the right (but does not have an obligation) in its sole discretion to
award the prizes according to Sponsor’s best judgment, based on such
factors (including but not limited to the above voting and judging
criteria from among eligible, non-suspect entries received up to the time
of suspected impairment) as Sponsor deems relevant. Sponsor reserves the right in its
sole discretion to disqualify any individual it finds to be tampering with
the entry process or the operation of the Contest or to be acting in
violation of these Official Rules or in an unsportsmanlike or disruptive manner. Any attempt by any person to
deliberately damage any website or undermine the legitimate operation of
this Contest is a violation of criminal and civil laws, and, should such
an attempt be made, Sponsor reserves the right to seek damages and other
remedies from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any
term of these Official Rules shall not constitute a waiver of that
provision.
- Release. By entering, each entrant forever
and irrevocably releases and holds harmless Sponsor, its parents,
subsidiaries and affiliates, and their respective agents, advertising,
public relations and promotion agencies, affiliates, Contest partners (including
UPICKEM), prize suppliers, and all of their respective employees,
officers, directors, shareholders, and agents from and against all claims,
damages, or liabilities arising in whole or in part, directly or
indirectly, from entrant’s participation and/or entry in the Contest;
entrant’s award, receipt or use of any prize awarded in the Contest; and
entrant’s participation in any prize or contest related activities.
- Limitations
of Liability. Neither Sponsor
nor UPICKEM is responsible for: (a) incorrect or inaccurate transcription of entry information or
late, lost, stolen, unintelligible, illegible, damaged, mutilated,
altered, incomplete, misdirected entries or entries received through
impermissible or illegitimate channels, all of which will be disqualified;
(b) technical failures of any kind, including but not limited to the
malfunctioning of any telephone, computer online systems, computer
equipment, web site, server provider, network, hardware of software; (c)
the unavailability or inaccessibility of any telephone, mail, web site or
service; (d) unauthorized intervention in any part of the entry process or
the Contest; (e) printing, typographical, electronic, or human errors
which may occur in the offer or administration of the Contest or the processing
of entries; or (f) any injury or damage to persons or property, including
but not limited to entrant’s computer, which may be caused, directly or
indirectly, in whole or in part, from entrant’s participation in the
Contest, or from viewing, playing or downloading any material from
Sponsor’s or UPICKEM’s web site(s), regardless of whether the material was
prepared by Sponsor or a third party, and regardless of whether the
material is connected to Sponsor’s or UPICKEM’s web site(s) by a hypertext
link.
- Disputes. Entrant agrees that: (a) any and all disputes, claims,
and causes of action arising out of or connected with this Contest, or any
prizes awarded shall be resolved individually, without resort to any form
of class action, and solely and exclusively in a federal or state court
located in York County, South Carolina; entrant submits to sole and
exclusive personal jurisdiction to said courts in the State of South Carolina for any such
dispute and irrevocably waives any and all rights to object to such
jurisdiction; (b) any and all claims, judgment, and awards shall be
limited to actual out of pocket costs incurred, including costs associated
with entering this Contest but in no event attorneys’ fees; and (c) under
no circumstances will entrant be permitted to obtain awards for and
entrant hereby waives all rights to claim punitive, incidental and
consequential damages and any other damages, other than for actual
out-of-pocket expenses, and any and all rights to have damages multiplied
or otherwise increased. SOME
JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR
INCIDENTIAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO
YOU. All issues and questions
concerning the construction, validity, interpretation and enforceability
of these Official Rules, or the rights and obligations of entrant or
Sponsor in connection with the Contest shall be governed by, and construed
in accordance with, the laws of the State of South Carolina, without
giving effect to any choice of law or conflict of law rules of provisions
(whether of the State of South Carolina, the United States, or any other
jurisdiction), which would cause the application of the laws of any
jurisdiction other than the State of South Carolina.
- Data Collection. Sponsor collects personal information from entrants (and voters) when they enter the
Contest. The information collected is subject to the Privacy Policy of Sponsor located at
http://www.heraldonline.com/terms-of-service
- Official Rules. These Official Rules are available on all contest section pages.
- Voting. Sponsor reserves the right to review the voting trends and revoke voting privileges for any voting that
appears suspicious. Incomplete or false registration information will not be allowed. Voter registration
must be complete, valid (email, address, phone number) and coincide with the registrant. Sponsor reserves the right to audit.
Registered users may vote one time per 24 hour period.
This contest is officially sponsored by heraldonline.com.
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