| |
| |
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.
1. Sponsor
Heraldonline.com (“Contest”) is sponsored by The Herald Media Group, located at 132 West Main Street, Rock Hill, SC 29730.
2. Eligibility
The Contest is open only to participants who, as of the entry date, are legal residents of York, Chester, Lancaster, SC Counties, 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.
3. Contest Entry Period
Photo Submission Period is 12 a.m. Wednesday, August 20, 2014 through 5 p.m., Wednesday, August 20, 2014. Voting Period is 12 a.m. Sunday, August 31, 2014 through 5 p.m., Monday, September 8, 2014. Winner will be announced Tuesday , September 9, 2014
4. How to Enter
a. To enter, go to heraldonline.com during the Contest Entry Period and follow the links and instructions to submit your entry information, including your Essay (as defined and described in Section 4(b) below). Each entrant (sometimes referred to as “contestant”) must completely fill out the online entry form, 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. All entries must be received by Sponsor during the Contest Entry 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/submission per person in the Contest. Duplicate entries risk disqualification.
b. Each entrant is required to submit to Sponsor an original 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.
c. 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 essay 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. 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.
d. 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.
e. 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.
5. Voting and Judging: Selection of Winners; Notification; Acceptance
From approximately Monday, August 8, 2014, popular vote and the Contest judges will select the Top Submission 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 submissions 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 submissions Criteria until the tie is broken.
Winners
From approximate Monday, September 8, 2014, one (1) winner will be selected from the Top submission through a combination of popular user vote and individuals selected by Sponsor and who may also be employees or agents of Sponsor. Sponsor will announce the winner(s) on or about Tuesday, September 9, 2014. In the event of a tie, the tied entrants will be reevaluated against each other by the judging panel based on the submission criteria until the tie is broken.
Entrants selected as a potential winner must comply with all terms and conditions of these Official Rules, and winning is contingent upon fulfilling all requirements. Potential winner 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.
6. 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.
7. Prizes
A total of one prize package 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. Winner bears all risk of loss or damage to prize after it has been delivered.
8. 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.
9. 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.
10. 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.
Rock Hill Herald reserves the right to use any and all information related to the Contest, including information on contestants obtained through the contest, for marketing purposes or any other purpose, unless prohibited by law.
11. 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.
12. 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.
13. 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 heraldonline.com/terms-of-service
14. Official Rules
These Official Rules are available on all contest section pages.
15. 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 uses may vote one time, per 24 hour period.
This contest is officially sponsored by heraldonline.com.
|
| |
|
