HP Printer Giveaway runs May 1-May 31, 2012
ONE STORY DOWN FACEBOOK CONTEST RULES
NO PURCHASE NECESSARY TO ENTER OR WIN. THE PURCHASE OF ANY GOOD OR SERVICE WILL NOT INCREASE YOUR CHANCES OF WINNING.
THE CURRENTLY ACTIVE ONE STORY DOWN CONTEST (THE “CONTEST”) IS VOID WHERE PROHIBITED BY LAW.
THESE OFFICIAL RULES (“RULES”) ARE A LEGALLY BINDING AGREEMENT BY AND BETWEEN YOU AND SPONSOR (AS DEFINED BELOW) AND GOVERN YOUR ENTRY IN THE CONTEST.
THIS CONTEST IS IN NO WAY SPONSORED, ENDORSED, ADMINISTERED BY OR ASSOCIATED WITH FACEBOOK.
1. SPONSOR. This Contest is sponsored by ONE STORY DOWN (“Sponsor”).
2. CONTEST ENTRY PERIOD. The Contest begins at the time specified in the post on the Sponsors Facebook Fan Page wall and ends when specified on the Sponsors Facebook Fan Page wall post (the “Contest Period”). All entries must be received during the Contest Period. The Sponsor’s computer is the official time keeping device for online entry into the Contest. No entries into the Contest will be accepted before or after the Contest Period.
3. CONTEST DESCRIPTION. The Contest is a contest that encourages persons entering this Contest (“Entrants” “you” or “your”) to create and submit, in accordance with these Rules, as described in the One Story Down Facebook Fan Page wall post, and eligible for the prizes described below subject to the terms and conditions herein.
4. ELIGIBILITY. The Contest is open to individuals 18 years and up.
5. HOW TO ENTER. To enter, log onto Facebook and visit the sponsor’s Facebook Fan Page wall (www.facebook.com/onestorydown) and follow the instructions per the contest post, which complies with the terms of these Rules. If there is a dispute regarding the identity of a Facebook user Entrant, the authorized account holder of the Facebook account at the time of entry (i.e., the natural person who is assigned to the e-mail address that is associated with the Facebook account) will be deemed the Entrant.
Only one entry per person per contest will be eligible. Entries that do not include all requested information will be ineligible.
6. PERSONAL DATA. You are required to submit Personal Data on the Entry Form. All Personal Data will be held, used and processed by the Sponsor in accordance with its Privacy Policy as the Privacy Policy shall be posted at the Site from time to time.
7. WARRANTIES AND CONSENTS. By completing and submitting an entry, you: (a) represent and warrant that (i) you have read, and agree to be bound by, the Rules posted on the Sponsors Facebook Fan Page Contest Wall Post: and any applicable policies or procedures posted by Facebook, (ii) based on the Rules, you are eligible to participate in the Contest, and (iii) all of the information provided as part of your Entry is accurate, does not violate any third party’s legal rights (including without limitation rights of privacy and publicity), and otherwise does not violate applicable law; (b) consent to the use of your name and/or likeness by Sponsor for promotional purposes (whether online, in print or through any other media now known or hereafter developed), without additional compensation or authorization unless prohibited by law; and (c) agree to be bound by the interpretations of these Rules by Sponsor, which are final in all matters relating to the Contest; and (d) acknowledge that this Contest is in no way sponsored, endorsed, administered by or associated with Facebook.
By entering the Contest, you agree that the Sponsor may post your Entry or any part thereof on the Site or in its media outlets. Sponsor does not guarantee the posting of any Entry. You understand that your name and biographical data (as included in the Entry) may also be posted on the Site in connection with the Contest.
12. PRIZE. The winner will be selected at random on the date specified by the Sponsor on the their Facebook Fan Page Contest Wall Post. The Prize Winner may appear in one of Sponsor’s media outlets.
The Prize of the HP Printer is valued at $229.99 USD. No substitution, cash redemption or transfer of the Prize is allowed, except at the sole discretion of Sponsor. The Prize Winner is responsible for all other charges, costs or expenses of any kind not listed as included in the Prize.
The Prize Winner is responsible for the reporting and payment of all applicable federal, state and local taxes (including income taxes) associated with their respective prize and will and hereby do hold Sponsor harmless from liability for failure to timely report and/or pay such taxes. An IRS form 1099 will be issued if the value of the total prize meets the IRS reporting threshold. Sponsor shall have no responsibility or obligation to any Winner or potential Winner who is unable to accept or utilize the prizes as described herein. In the case of a Winner’s forfeiture of a prize, Sponsor may select another winner according to these Rules.
13. WINNER NOTIFICATION. Each Winner will be notified on the Sponsor’s Facebook Fan Page Wall per the date outlined in the contest post, and will be given instructions on how to claim the prize. Three (3) attempts will be made to contact a Winner within a five (5) day period. If a Winner fails to respond within the five (5) day period, or if an e-mail attempt is consistently returned as undeliverable, or if the selected Winner cannot accept or receive the prize for any reason within fourteen (14) days, or s/he is not in compliance with these Rules, the prize will be forfeited. Each Winner will be required to sign and return an Affidavit and Release Form (where legal and applicable) within fourteen (14) days of notification or prizes will be forfeited.
14. INDEMNIFICATION; RELEASE. BY ENTERING THE CONTEST, ENTRANTS AND EACH WINNER AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS SPONSOR, FACEBOOK, SPONSOR’S PARENTS, SUBSIDIARIES AND AFFILIATES AND THEIR RELATED PARTIES, AND THE RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS OF EACH (COLLECTIVELY, THE “SPONSOR ENTITIES”) FROM AND AGAINST ANY AND ALL LIABILITY, DAMAGES, CLAIM OR CAUSE OF ACTION (HOWEVER NAMED OR DESCRIBED), INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, DEATH, OR DAMAGE TO OR LOSS OF PROPERTY, ARISING OUT OF PARTICIPATION IN THE CONTEST AND/OR RECEIPT OR USE OR MISUSE OF THE PRIZE AWARDED IN THE CONTEST.
Entrants and each Winner shall release all rights to bring any claim, action or proceeding against Sponsor or any of the Sponsor Entities, further covenant not to sue Sponsor or any of the other Sponsor Entities and hereby acknowledge that neither Sponsor nor any Sponsor Entity has made or is in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to the Contest or the prizes.
The Sponsor Entities are not responsible for: (1) any incorrect or inaccurate information, whether caused by Entrants, printing errors or by any of the equipment or programming associated with or utilized in the Contest; (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 Contest; (4) technical or human error which may occur in the administration of the Contest or the processing of Entries; or (5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from an Entrant’s participation in the Contest or receipt or use or misuse of any prize. If for any reason an Entrant’s Entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, Entrant’s sole remedy is another Entry in the Contest at the discretion of the Sponsor.
Except where prohibited, Entrants and each Winner agree that: (1) any and all disputes, claims and causes of action arising out of or connected with this Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the California courts (state and federal); (2) any and all claims, judgments 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 (3) under no circumstances will an Entrant or a Winner be permitted to obtain awards for, and each Entrant and Winner 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. All issues and questions concerning the construction, validity, interpretation and enforceability of these Rules, or the rights and obligations of the Entrants, the Winners and Sponsor in connection with the 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 any choice of law or conflict of law rules (whether of the State of New York or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York.
15. PUBLICITY. Except where prohibited, participation in the Contest constitutes a Winner’s consent to Sponsor Entities use of a Winner’s name, likeness, photograph, voice, opinion and/or hometown and state for promotional purposes in any media, worldwide, without further payment or consideration.
16. GENERAL CONDITIONS. Sponsor reserves the right to cancel, suspend and/or modify the Contest, or any part of it, if any fraud, technical failures or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Contest, as determined by Sponsor in its sole discretion. 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 Rules or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Contest 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. Sponsor’s failure to enforce any term of these Rules shall not constitute a waiver of that provision.
All federal, state and local laws and regulations apply. Sponsor is not responsible for incomplete, lost, late, damaged, illegible or misdirected mail/e-mail, or for any technical problems, malfunctions of any telephone lines, 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 damage to any Entrant’s computer system/software related to or resulting from participation or downloading any materials in this promotion. Potential winners may be required to provide Sponsor with proof that he/she is the authorized account holder of the e-mail address associated with the winning Entry. All on-line entries must be submitted from a valid e-mail account, which may be identified by reverse domain name search. Sponsor assumes no responsibility for undeliverable e-mails resulting from any form of active or passive e-mail filtering by a user’s internet service provider and/or e-mail client or for insufficient space in user’s email account to receive e-mail. If, for any reason, the promotion cannot be conducted as planned by reason of infection by computer virus, unauthorized intervention, technical failures, or any other causes beyond the control of the Sponsor which, in the sole opinion of the Sponsor, corrupt or affect the administration, security, fairness, integrity or proper conduct of this promotion, the Sponsor reserves the right in its sole discretion to cancel, terminate, modify or suspend the promotion. Sponsor reserves the right to modify the Contest or disqualify an Entrant if fraud, misconduct or technical failures destroy the integrity of the Contest as determined by Sponsor, in its sole discretion. Proof of submitting entries will not be deemed to be proof of receipt by Sponsor. Any use of robotic, automatic, programmed or the like methods of participation will void all such submissions by such methods. In the event Sponsor is prevented from continuing with the promotion or the integrity and/or feasibility of the promotion is severely undermined by any event beyond Sponsor’s control, including but not limited to fire, flood, epidemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, war (declared or undeclared), terrorist threat or activity, or any federal, state or local government law, order, or regulation, order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control (each a “Force Majeure” event or occurrence), Sponsor shall have the right, in its sole discretion, to abbreviate, modify, suspend, cancel or terminate the promotion without any further obligation. If Sponsor, in its discretion, elects to abbreviate the promotion as a result of a Force Majeure event, Sponsor reserves the right, but not the obligation, to award the prizes from among all valid and eligible entries received up to the time of such Force Majeure event. In no event will more prizes be awarded than stated in these Rules.
17. OWNERSHIP AND OTHER RIGHTS. Sponsor will solely and exclusively own all right, title and interest in and to the Contest Materials (as defined below), including without limitation all copyrights, trademarks, trade dress, good will, depictions, designs, exploitation rights, creative works, concepts, plans, titles, ideas, and the like therein, in perpetuity and throughout the universe and in all media and forms of expression and communication now known or hereafter developed. “Contest Materials” include, to the extent applicable (1) any information and material, including the Ad submitted by you in connection with the Contest; and (2) subject to your rights in your Personal Data, the Entry Form and any other forms, documentation or releases required to be submitted by you for the Contest, whether submitted to the Sponsor prior to or after the judging process. The Contest Materials have been specially ordered by Sponsor, and, therefore, will be deemed under US law, as “work made for hire” (in the US, under section 101 of the Copyright Act of 1976 as amended); but if the Contest Materials in whole or in part are not a “work made for hire,” you shall and hereby do irrevocably assign, convey, and transfer to Sponsor all right, title, and interest throughout the universe in perpetuity in and to such Contest Materials, without any obligation to pay additional consideration for the use or exploitation thereof. You will not retain any right, title or interest whatsoever in the Contest Materials, including, without limitation, a “license back,” rights of attribution; claims based on “moral rights” and similar theories; and liens, encumbrances and the like. You hereby irrevocably waive any claims based on the foregoing. You shall not assert, nor assist or authorize any third party in asserting, any claim inconsistent with this paragraph or the following paragraph. Sponsor shall have the right, in its sole discretion, to edit, modify, composite, scan, duplicate, or alter the Ad, in whole or in part, for any purpose which it deems necessary or desirable, without the need for any further remuneration and/or permission. You hereby irrevocably waive any and all claims based on moral rights, droit moral or similar theories in any Ad. You will take all further acts necessary to effectuate the intent of these Rules, including, without limitation, executing and delivering to the Sponsor, all such agreements, contracts and any other documents to confirm Sponsor’s ownership of the Contest Materials. To the extent that you own (presently or in the future) any intellectual property rights that were not created in connection with the Contest Materials, but that may be necessary for Sponsor’s exercise of the rights assigned to it above (“Related Rights”), you agree to and do hereby grant to Sponsor, or will cause to be granted to Sponsor, at your cost and expense, a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, sublicensable right and license to use, copy, manufacture, distribute, translate, perform, modify, display, transmit, create derivative works of, make, have made, offer to sell, sell, import, and otherwise exploit any such Related Rights to the extent necessary to enable Sponsor to exercise all rights assigned to Sponsor under these Rules. You agree that you will not use the Ad for any other purpose, including, but not limited to, posting the Ad to any online social network or other website, without the express consent of Sponsor which may be withheld in its sole and absolute discretion. Notwithstanding such ownership by Sponsor of all such rights, you expressly agree and acknowledge that the Sponsor Entities shall not be responsible in any manner for any use of the Ad by any third parties and shall be under no obligation to protect or enforce any such rights in the Ad.
