NO PURCHASE REQUIRED TO ENTER OR WIN
1. ELIGIBILITY: Joystiq’s Halloween 2009 Pumpkin Carving Contest (the “Contest”) is open only to individuals who are legal residents of the fifty (50) United States (including the District of Columbia) and Canada (excluding Quebec) who are 13 years of age or older. Employees of Weblog Inc. LLC, AOL LLC, their advertising or promotion agencies, those involved in the production, development, implementation or handling of Contest, any agents acting for, or on behalf of the above entities, their respective parent companies, officers, directors, subsidiaries, affiliates, licensees, service providers, prize suppliers any other person or entity associated with Contest (collectively “Sponsor”) and/or the immediate family (spouse, parents, siblings and children) and household members (whether related or not) of each such employee, are not eligible. All U.S., federal, state and local and Canadian federal, provincial, and municipal laws and regulations apply. Void in Quebec, Puerto Rico and where prohibited by law.
2. SPONSOR: The Contest is Sponsored by Weblogs Inc. LLC, 770 Broadway, New York, NY 10003 (“Sponsor”).
3. AGREEMENT TO OFFICIAL RULES: Participation in the Contest constitutes entrant’s full and unconditional agreement to and acceptance of these Official Rules and the decisions of the Sponsor, which are final and binding. Winning a prize is contingent upon fulfilling all requirements set forth herein.
4. ENTRY PERIOD: The Contest begins at 6:00PM ET on October 23, 2009 and ends at 12:00PM ET on October 30, 2009 (the “Contest Period”).
5. ENTRY: During the Contest Period, email a 1024 pixel-wide image of your video game-themed pumpkin carving to email@example.com. You may not use commercial pumpkin carving templates/patterns. Submission will result in one (1) entry. The use of any agencies or automated software to submit entries will void all entries submitted by that person.
Contest entries cannot be revised or altered once submitted. Once submitted, all entries become the property of the Sponsor and will not be returned. Incomplete or inaccurate entries are void.
Sponsor shall have the right to disqualify any entries that they deem to be obscene, vulgar, sexually explicit, lewd, derogatory, inappropriate, or otherwise not in good taste, as determined by the Sponsor in their discretion. Submissions must be 100% your original work, and must not contain any third party material or content (including but not limited to any company logos or trademarks, photographs, likenesses, film or video clips, music, or any other copyrighted or trademarked content) for which you have not been granted specific written permission for this use by the copyright or trademark rights holder. You grant to the Sponsor and their designees the irrevocable, perpetual, worldwide, non-exclusive right and license to use, reproduce, edit, market, store, distribute, have distributed, publicly and privately display, communicate, publicly and privately perform, transmit, have transmitted, create derivative works based upon and promote your video game themed pumpkin carvings (the “Artwork”), biographic information, and comments, (collectively with the Artwork, the “Submission”) in connection with the Contest and such other products or services as the Sponsor may designate in any medium now known or hereafter devised for editorial, commercial, promotional and/or any other purpose. In addition, the Sponsor shall have the right to reproduce and distribute your Submission for promotional purposes in broadcast, print and or other media as the Sponsor may determine in their sole discretion. You retain ownership of all right, title, and interest in and to your Submission. You agree that the Sponsor own all right, title, and interest in any compilation, collective work, or other derivative work created by the Sponsor using or incorporating your Submission. You hereby grant to the Sponsor the right to edit any of your Submission, in whole or in part. In addition, you hereby grant to the Sponsor and their designees the right to use any edited Submission, or parts of a Submission, without your approval and waive any right to inspect or approve uses of the Submission prior to or following publication and any right to compensation for the Submission. All elements of your Submission must be your original work and must be owned by you, and you must have the right to grant any and all necessary rights and licenses, including without limitation, all necessary copyright and other related rights to all of the materials, free and clear of all claims and encumbrances without violating the rights of any person or entity, including any right to privacy or publicity. Your Submission should not include the likeness of a third party, unless permission of said third party has been given, or contain elements not owned by you (including but not limited to trademarks or logos). By submitting your Submission, you agree to release and hold harmless the Sponsor and their officers, directors, employees, and agents from and against any claim or cause of action arising out of your Submission or your participation in any phase of this Contest.
Disclaimer of Similarities: Due to the nature of this Contest, there is a possibility that similar designs may be submitted by multiple individuals. Any similarity between Submissions shall in no way entitle you to any consideration or compensation from the Sponsor or from any third party, including in the event a Submission similar or identical to yours is selected as a winner in this Contest. By submitting your Submission, you specifically acknowledge this possibility and agree to the terms stated in these Official Rules.
6. JUDGING: A panel of judges (the "Judges") will select 10 Finalists based on the following criteria (the "Judging Criteria"): creativity of concept (50%) and execution of physical carving (50%). In the event of a tie, the submissions involved in the tie will be reviewed by an additional judge according to the Judging Criteria. Decisions of judges in are final.
7. VOTING: From approximately 3:40PM ET on October 30 until 3:40PM ET on October 31, the Finalists (as selected by the judges) will be posted for public voting. The submission receiving the most votes will be declared the potential Grand Prize Winner. The submission with the next highest amount of votes will be declared the potential First Prize Winner. In the event of a tie, the judges will select the winner. The use of any agencies or automated software to submit votes will void all votes submitted by that person.
8. NOTIFICATION OF WINNERS: Potential winners will be contacted via email and will be asked to provide their full name, age and mailing address within a specified time period. If a potential winner does not respond within the timeframe stated in the notification email, the Sponsor may select an alternate potential winner in his/her place.
9. REQUIREMENTS OF THE POTENTIAL WINNERS: Except where prohibited, the potential winners (or, if winner is deemed a minor in his/her state of residence, his/her parent or legal guardian) may be required to complete and return an affidavit of eligibility and liability/publicity release (the “Affidavit/Release”) within seven (7) days of being notified. If a potential winner fails to sign and return the Affidavit/Release within the required time period, the prize will be forfeited and may be awarded to an alternate winner. Acceptance of a prize constitutes consent to use winner’s name and likeness for editorial, advertising and publicity purposes without additional compensation, except where prohibited by law.
10. PRIZES: One (1) Grand Prize Winner will receive an assortment of ten (10) video games. Approximate Retail Value (ARV) of Grand Prize is $500. One (1) First Prize Winner will receive an assortment of five (5) video games. ARV of First Prize is $250. Video Game titles to be selected by Sponsor. No cash or other substitution may be made, except by the Sponsor, who reserves the right to substitute a prize with another prize of equal or greater value if the prize is not available for any reason as determined by the Sponsor in its sole discretion. The winner is responsible for any taxes and fees associated with receipt or use of a prize.
11. GENERAL CONDITIONS: In the event that the operation, security, or administration of the Contest is impaired in any way for any reason, including, but not limited to fraud, virus, or other technical problem, the Sponsor may, in its sole discretion, either: (a) suspend the Contest to address the impairment and then resume the Contest in a manner that best conforms to the spirit of these Official Rules; or (b) award the prize from among the eligible entries received up to the time of the impairment. The 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 undermine the legitimate operation of the Contest may be a violation of criminal and civil law, and, should such an attempt be made, the Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. The Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. In case of a dispute as to the owner of an entry, entry will be deemed to have been submitted by the authorized account holder of the screen name from which the entry is made. The authorized account holder is defined as the natural person who is assigned to an e-mail address by an Internet access provider, online service provider, or other organization responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address.
12. RELEASE AND LIMITATIONS OF LIABILITY: By participating in the Contest, entrants agree to release and hold harmless Sponsor from and against any claim or cause of action arising out of participation in the Contest or receipt or use of any prize, including, but not limited to: (a) unauthorized human intervention in the Contest; (b) technical errors related to computers, servers, providers, or telephone or network lines; (c) printing errors; (d) lost, late, postage-due, misdirected, or undeliverable mail; (e) errors in the administration of the Contest or the processing of entries; or (f) injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Contest or receipt of any prize. Entrant further agrees that in any cause of action, the Sponsor’s liability will be limited to the cost of entering and participating in the Contest, and in no event shall the Sponsor be liable for attorney’s fees. Entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages.
13. DISPUTES: Except where prohibited, entrant agrees that any and all disputes, claims and causes of action arising out of, or connected with, the Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in the Commonwealth of Virginia. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, entrant’s rights and obligations, or the rights and obligations of the Sponsors in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the Commonwealth of Virginia, without giving effect to any choice of law or conflict of law rules (whether of the Commonwealth of Virginia or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the Commonwealth of Virginia.
14. CONTEST RESULTS: To request the names of the winner, send a request to firstname.lastname@example.org. Requests must be received by November 15, 2009.
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