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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 midnight
on July 19, 2010 and ends at midnight on August 2, 2010.
- How to Enter.
- To enter, go to heraldonline.com during the Contest Entry Period and follow
the links and instructions to submit your entry information (as
defined and described in Section 4(b) below). Each entrant (sometimes
referred to as “contestant”) must completely fill out the online
entry form 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 per person in the Contest. Duplicate entries risk disqualification.
- 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, each entrant has represented (i) that the entrant is the copyright
owner of the Submission or has written permission from the copyright owner
to enter the Submission in this Contest and to grant to Sponsor all rights
necessary to use the Submission in the Contest, (ii) that the entrant has
granted to the Sponsor an irrevocable license to publish, republish, distribute
and copy the edited Submission 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 Submission 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
- Winners: On August 3, 2010, one (1) winner will be selected
from all Entries by a panel of judges consisting of the Sponsor and
who may also be employees or agents of Sponsor. Sponsor
will announce the winner(s) on or about August 3, 2010..
- 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) prize 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
uses may vote one time, per 24 hour period.
This contest is officially sponsored by heraldonline.com.
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