You and Your Valentine
You and Your Valentine Contest Official Rules
Prize: New Camera & Valentine's
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED.
WINNER MAY BE REQUIRED TO EXECUTE PRIZE ACCEPTANCE DOCUMENTS WITHIN THE TIME FRAME SPECIFIED BY SPONSOR, AS MORE FULLY DETAILED BELOW.
BY ENTERING, YOU AGREE THAT YOUR PHOTOGRAPH(S) MAY BE POSTED PUBLICLY ONLINE. BY ENTERING, YOU REPRESENT AND WARRANT THAT YOUR PHOTOGRAPH(S) ARE OWNED SOLELY BY YOU AND THAT YOU HAVE ALL RIGHTS AND PERMISSIONS FROM THE OTHER INDIVIDUAL DEPICTED IN THE PHOTOGRAPH(S) TO SUBMIT YOUR PHOTOGRAPH(S) IN THIS SWEEPSTAKES.
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 THE SPONSOR (DEFINED BELOW) FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.
- 1. Eligibility: The “You and Your Valentine Contest” is open only to natural persons who are legal residents of and physically located in one (1) of the fifty (50) United States or the District of Columbia and who are at least eighteen (18) years old or the age of legal majority (whichever is older) in their state of primary residence at time of entry. Employees, officers, directors, members and agents of Photobucket.com, Inc. and each of their respective parents, affiliates, subsidiaries, divisions, advertising and promotional agencies, and any other prize sponsor, (collectively, the “Sweepstakes Entities”) as well as the immediate family (spouse, partner, parents, legal guardians, in-laws, grandparents, siblings, children and grandchildren) and household members, whether related or not, are not eligible to participate or win. Void where prohibited by law.
- 2. Sponsor: Photobucket Corporation 1099 18th Street, Suite 770, Denver, CO 80202.
- 3. Agreement to Official Rules: By participating in the Sweepstakes, entrant fully and unconditionally agrees to and accepts these Official Rules and the decisions of the Sponsor, which are final and binding in all matters related to the Sweepstakes as well as the Photobucket Terms of Service, located at http://photobucket.com/terms ("TOS"). Whether an entrant receives a prize is contingent upon fulfilling all requirements set forth herein.
- 4. Timing: The Sweepstakes begins on or about February 1, 2011 at 12:00:00 a.m. Pacific Time ("PT") and ends on February 17, 2011 at 11:59:59 p.m. PT (the "Promotion Period").
- 5. How to Enter: During the Promotion Period, visit http://www.photobucket.com ("Website") and follow the links and instructions to login and/or create your Photobucket account (if you do not already have one). Obtaining a Photobucket account is free. To obtain a Photobucket Username, you must follow the instructions on the Website, including agreeing to the Photobucket Terms of Use and Privacy Policy and create a free account. Once you have a Photobucket Username and you have logged in, follow the links and onscreen instructions. Upload your photograph and follow the links and instructions to complete and submit your registration to the Sweepstakes, including, your full name, phone number and a valid home address. P.O. Boxes not permitted. You will automatically receive one (1) entry in into the Sweepstakes upon registration and receipt of the Submission. Entrants are required to agree to these Official Rules at the time of entry by using the accept feature at the Website. By uploading your Submission and completing the registration, you agree that your Submission conforms to the Submission Guidelines and Content Restrictions as defined below (collectively, the “Guidelines and Restrictions”). Submissions must meet the Guidelines and Restrictions below or they may be disqualified, at Sponsor's sole discretion. The Website’s database clock will be the official timekeeper for this Sweepstakes. Entries must be received during the Promotion Period through the Website. Those who do not provide the required information in their entry form or abide by these Official Rules and other instructions of Sponsor will be disqualified. As a condition of entering the Sweepstakes, each entrant gives consent for Sponsor to obtain and deliver his or her name, address and other information to third parties for the purpose of administering this Sweepstakes and complying with applicable laws, regulations and rules.
- 6. Submission Guidelines and Content Restrictions:Submission Guidelines: Submissions must meet all of the following requirements or they may be disqualified, at Sponsor's sole option:
- The Submission must be in jpg, png, bmp, or gif;
- The Submission must not exceed 1024x768 in size;
- The Submission must have a file size less than 1 MB; and
- The Submission must comply with Photobucket.com's posting requirements and Terms of Service, located athttp://photobucket.com/terms;
Content Restrictions:Submissions must meet all of the following content restrictions or they may be disqualified, at Sponsor's sole option:- Any such spouse, partner or significant other featured in the Submission must be the age of majority in his/her primary state of residence.
- The Submission must not contain material that violates or infringes another person’s rights, including, but not limited to, privacy, publicity or intellectual property rights, or that constitutes copyright infringement;
- The Submission must be original and consist solely of photos or artwork created by entrant;
- The Submission must not contain material that is false, fraudulent, deceptive, misleading, hateful, tortuous, threatening, disparaging, harassing, profane, obscene, pornographic, hateful, indecent, inappropriate, trade libelous, defamatory, slanderous, libelous or injurious to any individual, any Sweepstakes Entity or any third party (as determined in Sponsor’s sole discretion);
- The Submission must not contain material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; and
- The Submission must not contain material that is unlawful, in violation of or contrary to the laws or regulations in any state where Submission is created.
For all Submissions: Entrant agrees to indemnify the Released Parties (defined below) against any and all claims from any third party for any use or reuse by any Sweepstakes Entity of the Submission. Failure of any Submission to comply with the above Guidelines and Restrictions, as determined by Sponsor in its sole discretion, may result in the deletion of your Submission and disqualification from the Sweepstakes. Sponsor reserves the right in its sole discretion to disqualify from the Sweepstakes and/or refuse to include in any winner announcement or newsletter a Submission that, in its sole discretion, refers, depicts, or in any way reflects negatively upon a Sweepstakes Entity, the Sweepstakes, or any other person or entity or does not comply with these requirements or these Official Rules. No Submissions will be acknowledged or returned. Sponsor shall have the right to delete, edit, adapt and publish any or all of the Submissions, and may use them in any media without attribution or compensation to the entrant, his/her successors or assigns, or any other entity. ENTERING A SUBMISSION IN THIS SWEEPSTAKES CONSTITUTES AN IRREVOCABLE, ROYALTY-FREE, WORLDWIDE RIGHT AND LICENSE TO SPONSOR TO REPRODUCE AND DISPLAY THE SUBMISSION, OR ANY DERIVATIVE THEREOF, IN ALL MEDIA NOW KNOWN OR HEREAFTER DEVISED, INCLUDING, WITHOUT LIMITATION, THE INTERNET, IN PERPETUITY. Sponsor is not responsible for lost, late, incomplete, invalid, un-intelligible or misdirected Submissions. Such Submissions are void and will be disqualified. Sponsor, in its sole discretion, may feature any Submission submitted in this Sweepstakes at any time during, or after, the Promotion Period on any related websites, in any promotional materials, whether related or unrelated to the Sweepstakes, and at any other location, whether physical or online, that Sponsor, in its sole discretion, deems appropriate for the operation and promotion of this Sweepstakes.
Limit: One (1) entry per person per day for the duration of the Promotion Period (i.e. you may enter up to twenty-four (24) times over the course of the Promotion Period, but only one (1) time per day). Multiple entrants are not permitted to share the same e-mail address. Any attempt by any entrant to obtain more than the stated number of entries by using multiple/different e-mail addresses, identities, registrations and logins, or any other methods will void that entrant's Submissions and that entrant may be disqualified. Use of any automated system to participate is prohibited and will result in disqualification. In the event of a dispute as to any registration, the authorized account holder of the e-mail address used to register will be deemed to be the registrant or player, provided that they meet all other eligibility criteria in these Official Rules. The “authorized account holder” is the natural person assigned 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 address. The potential winner may be required to show proof of being the authorized account holder. If a dispute cannot be resolved to the Sponsor’s satisfaction, the entry will be deemed ineligible. The submission of an entry is solely the responsibility of the entrant. Proof of sending (such as an automated computer receipt confirming delivery of e-mail, "thanks for entering" message or post office receipt) does not constitute proof of actual receipt by Sponsor of an entry for purposes of this Sweepstakes. Automated entries (including, but not limited to, entries submitted using any bot, script, macro, or Sweepstakes service), copies, third party entries, facsimiles, mechanical reproductions, and/or entries made by anyone other than the entrant and/or originating at any other website, including, without limitation, commercial sweepstakes subscription notification and/or entering service sites, are not permitted and will be disqualified. Only eligible entries actually received by Sponsor's server before the end of the specified Promotion Period will be included in the prize drawing. Illegible, unintelligible, incomplete, garbled, lost, late, misdirected, forged, altered, mutilated, or postage-due entries will be disqualified. - 7. Drawings/Odds: On or about March 1, 2011, all eligible entries received during the Promotion Period will be reviewed by Sponsor’s designated representatives, whose decisions are final, to determine the winner. a random drawing from all eligible entries received during the Promotion Period will be conducted by Sponsor’s designated representative, whose decisions are final, to determine the winner. Each potential winner will be notified by mail, e-mail or phone (in Sponsor’s sole discretion). If a potential winner cannot be contacted, potential winner forfeits prize. Potential winners must continue to comply with all terms and conditions of these Official Rules, and winning is contingent upon fulfilling all requirements. Rejection, faultiness, or return as undeliverable of any prize/prize notification, or inability of Sponsor to contact a potential winner after a reasonable attempt has been made (determined in Sponsor’s sole discretion), may result in disqualification and selection of an alternate winner by random drawing from among all remaining eligible entries. In the event that a potential winner is disqualified for any reason, Sponsor will award the applicable prize to an alternate winner by random drawing from among all remaining eligible entries. Odds of winning depend on the number of eligible entries received.
Winner may be required to complete, sign, have notarized (if applicable) and return, without alteration and in the form presented by Sponsor, an affidavit of eligibility and liability/publicity release (unless prohibited by law) and tax forms, both of which may require the winner to provide his or her Social Security Number, within the time frame specified by Sponsor or prize may be forfeited. In the event of noncompliance with these requirements, the prize may be forfeited. The affidavit of eligibility and liability/publicity release are subject to verification by Sponsor. If any prize, prize notification or Sweepstakes-related communication is rejected, faulty or returned as undeliverable, if the winner cannot attend or participate in any portion of the prize, or if the potential winner cannot be reached after a reasonable attempt has been made by Sponsor or does not respond according to the notification’s or Sponsor’s instructions (as determined by Sponsor in its sole discretion), that winner or potential winner may be disqualified and an alternate winner may be randomly selected. - 8. Prizes: ONE (1) grand prize winner will receive the following prize:WE ENTER PRIZE INFO One (1) Canon PowerShot A3100IS 12.1 MegaPixel Camera and Valentine’s Day themed gifts designated by Photobucket. Prizes subject to change based on availability. Prize is non-transferable and no substitution will be made unless Sweepstakes Entities, in their sole discretion, determines otherwise. Sweepstakes Entities reserves the right to substitute any prize for one of equal or greater value if the prize should become unavailable for any reason. All prize details and specific arrangements not specifically stated will be made in Sweepstakes Entities’ sole discretion. Sweepstakes Entities will not replace any lost, mutilated or stolen prize or any prize that is undeliverable or does not reach the winner because of an incorrect or changed address. If winner does not accept or use the entire prize, the unaccepted or unused part of the prize will be forfeited and Sweepstakes Entities will have no further obligation with respect to that prize or portion of the prize. The Sweepstakes Entities expressly disclaim any responsibility or liability for injury or loss to any person or property relating to the delivery and/or subsequent use of the prize or any portion thereof awarded. Sweepstakes Entities makes no representations or warranties concerning the appearance, safety or performance of the prize or any portion thereof. WINNER AGREES THAT THE PRIZES ARE PROVIDED AS-IS WITHOUT ANY WARRANTY, REPRESENTATION, OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT OR IN LAW, WHETHER NOW KNOWN OR HEREINAFTER ENACTED, RELATIVE TO THE USE OR ENJOYMENT OF THE PRIZES, INCLUDING, WITHOUT LIMITATION, THEIR QUALITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.
- 9. Release: By entering, entrants agree to release, indemnify and defend and hold harmless the Sweepstakes Entities and their respective subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and prize suppliers, and each of their respective parent companies subsidiaries, affiliated and successor and each such company’s officers, directors, members, employees and agents (collectively, the “Released Parties”) from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of, in whole or in part, directly or indirectly, from acceptance, possession, misuse, award or use of use of any prize, or while participating in, traveling to, and/or preparing for any Sweepstakes- or Prize- related activity.
EACH ENTRANT UNDERSTANDS AND AGREES THAT ALL RIGHTS UNDER SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY OF THE UNITED STATES ARE HEREBY EXPRESSLY WAIVED BY HIM/HER. SECTION 1542 READS AS FOLLOWS:
"CERTAIN CLAIMS NOT AFFECTED BY A GENERAL RELEASE. A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." - 10. Publicity: Except where prohibited, participation in the Sweepstakes constitutes winner’s consent to Sponsor’s and its agents’ and assigns' use of winner’s name, likeness, photograph, voice, opinions and/or hometown and state for promotional purposes in any media, worldwide, without further payment or consideration.
- 11. General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Sweepstakes, or any part of it, if any fraud, technical failures or any other factor beyond Sponsor’s control impairs the integrity or proper functioning of the Sweepstakes, as determined by Sponsor in its sole discretion. Sponsor, in its sole discretion, reserves the right to disqualify any individual it finds to be tampering with the entry process or the operation of the Sweepstakes or to be acting in violation of these Official Rules or those of any other promotion or in an unsportsmanlike or disruptive manner. Sponsor reserves the right, at its sole discretion, to disqualify any individual found to be: (a) violating the Official Rules; or (b) violating the terms of service, conditions of use and/or general rules or guidelines of any Sponsor property or service. Any person who supplies false information, obtains entries by fraudulent means, or is otherwise determined to be in violation of these Official Rules in an attempt to obtain any prize will forfeit any prize won and may be prosecuted to the full extent of the law. Any attempt by any person to undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. If Sponsor determines at any time in its sole discretion that the winner or potential winner is disqualified, ineligible, in violation of these Official Rules, or engaging in behavior that Sponsor deems obnoxious, inappropriate, threatening, illegal or that is intended to annoy, abuse, threaten or harass any other person, Sponsor reserves the right to disqualify that winner or potential winner, even if the disqualified winner or potential winner may have been notified or displayed or announced anywhere. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. In the event there is an alleged or actual ambiguity, discrepancy or inconsistency between disclosures or other statements contained in any Sweepstakes-related materials and/or these Official Rules (including any alleged discrepancy or inconsistency in these Official Rules), it will be resolved in Sponsor’s sole discretion. The invalidity or unenforceability of any provision of these Official Rules will 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 will otherwise remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
- 12. Limitations of Liability: The Released Parties are not responsible for: (1) any incorrect or inaccurate information, including errors or typos in these Official Rules or any Sweepstakes-related communication or material, whether caused by a Released Party, entrant, printing errors or by any of the equipment or programming associated with or utilized in the Sweepstakes or any human error; (2) technical failures of any kind, including, but not limited to, malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Sweepstakes; (4) technical or human error which may occur in the administration of the Sweepstakes or the processing of entries; (5) late, lost, misdirected, illegible, incomplete or mutilated entries, postage-due mail for theft, destruction or unauthorized access to, or alteration of entries; or (6) any 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 Sweepstakes or receipt or use or misuse of any prize. Sponsor is not responsible for misdirected or undeliverable entries or for any technical problems, malfunctions of computer systems, servers, providers, hardware/software, lost or unavailable network connections or failed, incomplete, garbled or delayed computer transmission or any combination thereof. Sponsor is not responsible for any typographical/other error in entries, advertisements for the Sweepstakes, these Official Rules or selection announcement or for any liability for damage to any computer system resulting from participation in, accessing or downloading information in connection with this Sweepstakes. In the event Sponsor is prevented from awarding prizes or continuing with the Sweepstakes as contemplated herein by any event beyond its control, including, but not limited to, fire, flood, natural or man-made epidemic of health or other means, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal state or local government law, order or regulation, public health crisis (eg. SARS), order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control (each a “Force Majeure” event or occurrence), then Sponsor shall have the right to modify, suspend or terminate the Sweepstakes. No more than the stated number of prizes will be awarded. In the event that production technical, seeding, programming or any other reasons cause more than the stated number of prizes as set forth in these Official Rules to be available and/or claimed, Sponsor reserves the right to award only the stated number of prizes by a random drawing among all legitimate, un-awarded, eligible prize claims.
- 13. Disputes: Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes or any prize awarded shall be resolved individually. Any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes, but in no event attorneys’ fees; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, 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.
- 14. Entrant's Personal Information : All personal information collected from entrant is subject to the Sponsor’s Privacy Policy (http://photobucket.com/privacyPolicy) unless prohibited by Sponsor’s Privacy Policy or by law. By entering this Sweepstakes, you grant Sponsor permission to share your e-mail address and any other personally identifiable information for the purposes of administration and prize fulfillment.
- 15. Winner List/Official Rules: For a copy of these official rules or the winner list, send an e-mail with Subject Line: “You and Your Valentine Contest" Winner List Request” to support@photobucket.com. Requests must be received by March 1, 2011 .
