HeartYou ‘Name That Heart:Cute Monster Edition’ Contest Official Rules
Name That Heart Caption Contest: Cute Monster Edition 2011
NO PURCHASE NECESSARY TO ENTER OR WIN. PRODUCT PURCHASE WILL NOT ENHANCE CHANCES OF WINNING A PRIZE.
(Note to webdev: this needs to be a different font and a larger size than the rest of the text)
The Name the Heart Caption Contest (the “Contest”) is offered and open only to legal residents of the United States and its territories (except residents of Puerto Rico) and Canada (except residents of Quebec at least 13 years old at the time of entry. Employees, directors and contractors of Mindspark Interactive Network, Inc. (“Sponsor”), its parents, affiliated and subsidiary companies, advertising and promotion agencies, judges and legal advisors, and the immediate family (parent, child, sibling and spouse of each) or members of the households of such employees, directors and contractors are not eligible. By entering, you (and your parent(s) or legal guardian(s) if you are a minor) agree to these Contest rules (the “Official Rules”) and that the decisions of Sponsor are final and binding in all respects.
Void in Puerto Rico, the Province of Quebec and where prohibited.
2. PROMOTIONAL PERIOD
The Contest period for the Name the Heart Caption Contest begins on August 2, 2011 at 12:01 a.m. Eastern Time (ET), and ends on August 6, 20011 at 11:59:59 p.m. ET (the “Promotional Period”).
3. HOW TO ACCESS AND ENTER
Access the Webfetti.com website at www.webfetti.com (the “Sponsor Site”). Click on the drop-down menu link at the bottom of the page entitled “Our Blog” to access the latest blog postings, or go to blog.webfetti.com, to access “The Webfetti Hotsheet”. On Monday, August 1, 2011, a blog post entitled “It’s Contest Time” will direct you to the Facebook HeartYou application to view three (03) new Cute Monster Hearts entitled “Contest Heart 1”, “Contest Heart 2”, and “Contest Heart 3” (collectively “Contest Hearts”). To receive an entry, return to “The Webfetti Hotsheet” blog and respond directly to the original “It’s Contest Time” post by verifying your email address, then completing your full name, the Contest Heart number of the Heart you are submitting the caption for and an original caption of the Contest Heart you indicated. Then click on “Submit Comment”. Posted comment should only include the information listed. No extraneous information should be included in the posted comment that may interfere with our ability to discern the intended entry. Only one (01) caption should be included in each posted comment. All comments that include a caption for one (01) of the Contest Hearts and the required information, will receive one (1) entry into the Contest. Entries that contain offensive, harassing, threatening, abusive language or that violate the intellectual property or other proprietary right of any person or entity are invalid and inadmissible.
Limit of one (1) entry per Facebook account.
Any other attempt at Internet or email entry is void.
Submissions will not be reviewed for content before being published or judged. Sponsor makes the final determination as to which Submissions are eligible to take part in this Contest and be considered for a Prize. Certain Submissions may be featured from time to time on the Website during the Promotional Period, in Sponsor’s sole discretion; being selected as a featured Submission is unrelated to the Judging Criteria and does not guarantee selection as a winner in the Contest.
Each Submission must be an original work which is under no restriction, contractual or otherwise, that will prevent Sponsor’s use of the Submission and each Submission must be free of any and all liens, encumbrances and claims of third parties. Entrant acknowledges, agrees and warrants that nothing in the Submission infringes on any copyrights, confidential information, trade secrets or trademarks belonging to any person or entity other than the entrant absent a suitable license, clearance or permission agreement (proof of which may be required) or violates any person’s rights of privacy or publicity and that all necessary releases and permissions have been secured.
BY ENTERING THIS CONTEST AND UPLOADING YOUR SUBMISSION, YOU IRREVOCABLY GRANT TO SPONSOR AND ITS AGENTS THE UNCONDITIONAL AND PERPETUAL RIGHT TO POST, DISPLAY, PUBLISH, USE, ADAPT, EDIT AND/OR MODIFY SUCH SUBMISSION IN ANY WAY, IN ANY AND ALL MEDIA, FOR ANY PURPOSE, WITHOUT LIMITATION, AND WITHOUT CONSIDERATION TO YOU. ENTRANTS AGREE TO IRREVOCABLY ASSIGN AND TRANSFER TO THE SPONSOR ANY AND ALL RIGHTS, TITLE AND INTEREST IN SUBMISSION, INCLUDING, WITHOUT LIMITATION, ALL COPYRIGHTS AND WAIVE ALL MORAL RIGHTS IN SUBMISSION. ALL CONTEST ENTRANTS FURTHER AGREE TO RELEASE AND INDEMNIFY AND HOLD HARMLESS SPONSOR AND THE CONTEST PARTIES FROM ANY AND ALL CLAIMS THAT ANY COMMERCIAL, ADVERTISING, PRESENTATION, WEB CONTENT OR ANY OTHER MATERIAL SUBSEQUENTLY PRODUCED, PRESENTED, AND/OR PREPARED BY OR ON BEHALF OF SPONSOR INFRINGES ON THE RIGHTS OF ENTRANT’S WORK AS CONTAINED IN ANY SUBMISSION.
No responsibility is assumed for lost, late, incomplete, stolen, misdirected, illegible or postage due entries, email or mail; or for any computer, telephone, cable, network, satellite, electronic or Internet hardware or software malfunctions, or unauthorized human intervention, or the incorrect or inaccurate capture of entry or other information, or the failure to capture any such information.
4. WINNER SELECTION
Once Submissions begin to be received, a committee of two (02) persons comprised of employees of Sponsor, (the “Judges”) will judge all eligible Submissions based on the following:
- Creativity (50%)
- Originality (50%)
The entrant with the highest score will be the Grand Prize Winner. The entrants with the second and third highest score in each of the two (02) categories, will be the Honorable Mention Winners.
In the event that there is a tie, the entrants with the tied scores will be judged based on the following:
In the event there continues to be a tie the entrant with the highest score in the Creativity category will be declared the winner.
If more than one entry has the identical or nearly identical caption, the first entry, as determined by Sponsor’s servers, will be declared an eligible entry and all subsequent identical or nearly identical captions will be disqualified.
One Grand Prize Elsa Peretti ® Open Heart pendant in sterling silver, 11mm wide on a 16 inch chain Total Actual Value $125 US Dollars ($120 CAD)
Two Honorable Mention Prizes of $25 Gift Card to iTunes (Subject to iTunes Terms and Conditions) And twenty (20) HeartYou bucks. Total Actual Value at $50 US Dollars ($48 CAD)
Odds of winning a prize in this skill-based contest will depend on the application of the judging criteria referred to in Section 4 above to the eligible Submissions received.
Sponsor reserves the right to substitute a prize of equal or greater value. No cash redemptions. Taxes are the sole responsibility of winner. A prize won by a minor (as minor is defined by the jurisdiction of minor’s residence) will be awarded in the name of, or to, the minor’s parent or legal guardian, or as may otherwise be deemed appropriate by Sponsor, in its sole judgment.
Canadian residents may be subject to withholding taxes and Canadian residents are responsible for the reporting and payment of any income taxes. No assignment, transfer or substitution of prize is permitted (except as provided herein.) Sponsor reserves the right to substitute a prize of equal or greater value if due to prize unavailability. No cash redemptions Taxes are the sole responsibility of winner.
6. GENERAL CONDITIONS
Winner, and winner’s parents or legal guardians if winner is a minor (both on behalf of themselves and winner) may be required to complete, execute and return an Affidavit of Eligibility, a Liability Release, and where lawful, a Publicity Release within 7 days of notification. Failure to return documents timely, or if prize notification or prize is returned as non-deliverable, or if winner is found not to be in compliance with these Official Rules, or otherwise ineligible, may result in disqualification with an alternate winner selected. Where permitted by law, winner, and winner’s parents or legal guardians if winner is a minor (both on behalf of themselves and winner), (and in those instances when interim drawings have taken place, potential winners who have been selected in the interim drawings) agrees to grant to Sponsor, and those acting pursuant to its direction or control (and confirm such grant in writing upon request), the right to print, publish, broadcast and use, worldwide in any media now known or hereafter developed, including but not limited to the world wide web, at any time or times, the winner’s name, portrait, picture, voice, likeness and biographical information as news or information and for advertising, trade and promotional purposes without additional consideration, and without notification, review or approval.
Failure to make such appearances or grant such rights may result in disqualification with an alternate winner or potential winner selected; and while not obligated to do so, Sponsor may in its sole discretion, bear such reasonable costs and expenses which Sponsor, in its sole discretion, deems appropriate for winners or potential winners to appear for a presentation or other activity.
By accepting a prize a winner, and winner’s parents or legal guardians if winner is a minor (both on behalf of themselves and winner), agrees that any Affidavit and/or Releases, and any grant of permission to use the winner’s name, portrait, picture, voice, likeness and biographical information, as stated above, may be secured by Sponsor electronically, for example but not limited to, by email or by facsimile, and such secured Affidavit and/or Releases and permission will have the same force and effect as if any of them had been secured in a written document which was physically executed by the winner.
Further, by accepting a prize, each winner, and winner’s parents or legal guardians if winner is a minor (both on behalf of themselves and winner), releases and agrees to hold harmless Sponsor, and its parents, affiliates, subsidiaries, advertising and promotion agencies and its respective directors, officers, employees, representatives and agents from any and all liability for any injuries, loss or damage of any kind to person, including death, and property, arising in whole or in part, directly or indirectly, from acceptance, possession, use or misuse of a prize, participation in any Contest related activity, or participation in this Contest.
Sponsor reserves the right, at its sole discretion, to disqualify any individual it finds, in its sole determination, to be tampering with the entry process or the operation of the Contest or Website; to be in violation of the Terms of Service of the Website; to be acting in violation of the Official Rules; to be acting in a non-sportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person.
Any use of robotic, automatic, macro, programmed or like entry methods will void all such entries by such methods and persons using any such methods will be disqualified. Each entry submission must be manually key stroked and manually entered by the individual entrant; automated and/or repetitive electronic submission of entries (including but not limited to entries made using any script, macro, bot or Contest service) will be disqualified and transmissions from these or related email or IP addresses may be blocked. The accumulation of entries generated through robotic, automatic, macro, or like methods is also strictly prohibited. Sponsor’s determination of whether a user is accumulating entries generated through automated means is in Sponsor’s sole discretion.
CAUTION: ANY ATTEMPT BY A USER OR ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND COSTS (INCLUDING WITHOUT LIMITATION, ATTORNEYS’ FEES) FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
If for any reason this Contest is not capable of running as planned due to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which, in the sole opinion of Sponsor, corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Contest, Sponsor reserves the right to cancel, terminate, modify or suspend the Contest and conduct a random drawing to award the Grand Prize using all eligible non-suspect entries received as of the date on which any such action is taken or as deemed fair and appropriate by Sponsor. If the Contest is terminated due to tampering or technical difficulties prior to its expiration date, notice will be posted at http://blog.webfetti.com.
7. LIMITATIONS OF LIABILITY
Sponsor assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries. Sponsor is not responsible for any problems or technical malfunction of any telephone network or telephone lines, computer on-line systems, servers, or providers, computer equipment, software, failure of any e-mail or entry to be received by Sponsor on account of technical problems, human error or traffic congestion on the Internet or at any Web site (including Facebook.com and its related service), or any combination thereof.
Sponsor is not responsible for any incorrect or inaccurate capture of information or the failure to capture such information, whether caused by web site users, tampering or hacking, or by any of the equipment or programming associated with or utilized in the Contest and assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to the web site. Sponsor is not responsible for injury or damage to participants’ or to any other person’s computer related to or resulting from participating in this Contest or downloading materials from or use of the Website.
IN NO EVENT WILL SPONSOR, OR ITS PARENTS, AFFILIATES, SUBSIDIARIES AND RELATED COMPANIES, ITS ADVERTISING OR PROMOTION AGENCIES OR ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS, BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR PARTICIPATION IN THIS PROMOTION, ACCESS TO AND USE OF INTERNET SITE blog.webfetti.com OR THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM SAID SITE. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THIS SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
Except where prohibited, as a condition of participating in this Contest, participant (and their parents/legal guardians if participants are minors) agrees that any and all disputes which cannot be resolved between the parties, claims and causes of action arising out of or connected with this Contest, or any prizes awarded, or the determination of winners shall be resolved individually, without resort to any form of class action exclusively by arbitration pursuant to the commercial arbitration rules of the American Arbitration Association, then effective. Further, in any such dispute, under no circumstances will participant be permitted to obtain awards for, and hereby waives all rights to claim punitive, incidental or consequential damages, or any other damages, including attorneys’ fees, other than participant’s actual out-of-pocket expenses (i.e., costs associated with entering this Contest), and participant further waives all rights to have damages multiplied or increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of participant and Sponsor in connection with this Contest, shall be governed by, and construed in accordance with, the laws of the State of New York, U.S.A., without giving effect to the conflict of laws rules thereof, and all proceedings shall take place exclusively in the State in the City of New York, County of New York. In the event of a dispute as to the identity of a winner based on an e-mail address, the winning entry will be declared made by the authorized account holder of the e-mail address submitted at time of entry. “Authorized account holder” is defined as the natural person who is assigned to an e-mail address by an Internet access provider, on-line service provider or other organization (e.g., business, educational, institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address.
9. WINNERS LIST
For name of winner, mail a self-addressed stamped envelope for receipt by August 15, 2011 to: Name the Heart Contest Prize Winner c/o Mindspark Interactive Network, 1 N. Lexington Ave., 9th Floor, White Plains, NY 10601. For Official Rules mail a self-addressed stamped envelope to the above address marked “OFFICIAL RULES Name the Heart Contest” for receipt by August 3rd, 2011.
The Name That Heart Caption Contest: Cute Monster Edition is in no way sponsored, endorsed or administered by, or associated with Facebook. By participating in the Contest, you hereby release Facebook from all claims and liability related to the Contest. By participating in the Contest, you understand that you are providing your information to Mindspark Interactive Network, Inc. and not to Facebook. The information you provide will only be used for administering the promotion, contest or giveaway and for notifying you of any wins, and sending you any prizes. Your information will never be sold, traded or given away without your prior written.
10. Sponsored by:
Mindpsark Interactive Network, Inc., 1 N. Lexington Ave., 9th Floor, White Plains, NY 10601.