A place for moms to connect
The Gainesville Sun’s GainesvilleMoms.com Top Poster Contest (the “Contest”)
NO PURCHASE NECESSARY TO ENTER OR WIN THE CONTEST.
CONTEST IS OPEN TO REGISTERED USERS OF GAINESVILLEMOMS.COM.
1. CONTEST DESCRIPTION
The “Sponsor” is The Gainesville Sun, 2700 S.W. 13th St., Gainesville, FL 32608.
Sponsor’s GainesvilleMoms.com Top Poster Contest (the “Contest”) is a competition in which participants will compete to have the forum post with the highest number of replies, excluding the replies made by the original poster, and excluding replies made by the site moderator. The winners will be awarded one of three photography sessions, courtesy of Photography by Stacey, which is good for a group of five people and will last 1 to 1.5 hours at the Gainesville location the winner selects. Each winner will also receive a credit for $75 to purchase prints (all photo edits are included). Only one prize available per member.
The Contest begins on Monday, January 23, 2012 and ends at 11:59 PM Eastern on Friday, February 3rd, 2012. Contestants will be invited to enter the contest by beginning a forum post. The deadline for replies on a post is 11:59 PM Eastern on Friday, February 3rd, 2012. Odds of winning depend on the number of eligible posts received.
Potential winners will be sent their prize-winning notification via phone and/or electronic mail (e-mail), after the contest ends on Friday, February 3rd, within two (2) business days of winning. A potential winner has five (5) days from sending of notification to claim his/her prize by responding via e-mail or an
alternate winner will be selected.
Non-compliance with these official rules or, if a selected potential winner cannot be contacted, provides incorrect e-mail or mailing address, is ineligible, fails to claim a prize or if the prize notification or prize is returned as undeliverable, an alternate winner will be selected. Acceptance of a prize constitutes permission for Sponsor to use winner's name and likeness for administering the Contest, as well as advertising and promotional purposes without compensation, unless otherwise prohibited by law.
This contest is open only to legal residents of the 50 United States and the District of Columbia (excluding Puerto Rico and all other territories), and must be registered with GainesvilleMoms.com. Prizes to minors must be accepted by parent or guardian. Employees and agents of Sponsor, its affiliates, subsidiaries, advertising and promotion agencies, any other prize sponsor, and any entity involved in the development, production, implementation, administration or fulfillment of the Contest (all of the foregoing, together with Sponsors, collectively referred to as “Promotion Entities”), and their immediate family members and/or close personal friends and/or those living in the same household of such persons, whether related or not, are not eligible to enter the Contest.
Employees, officers and directors of Sponsor and its parent company, Halifax Media Group, their respective affiliates, subsidiaries, distributors, advertising, promotion, fulfillment and marketing agencies, their immediate families, (defined as spouse, child, sibling, parent, or grandparent) and those living in
their same households are NOT eligible to participate in the Promotion. Each winner will be required to execute a declaration of eligibility and liability release attesting that the winner has complied with all the rules and that winner releases Sponsor(s) and all prize-supplier companies from all liability for damages or personal injury in connection with the winner's use of the prize, and a publicity release consenting that the Sponsor and anyone they may authorize may, without compensation, use winner's name, photograph or other likeness, biographical information and statements concerning the contest or the Sponsor for purposes of advertising and promotion.
3. HOW TO SUBMIT A CONTEST ENTRY
Any individual wishing to compete in the Contest (“Entrants”) must enter by registering with GainesvilleMoms.com. Entrants will be required to submit: name, address, phone number and email address.
Entrants may submit additional forum posts throughout the duration of the Contest (“Entries”): Replies on forum posts must be received no later than 11:59 PM Eastern on February 3rd, 2012, at www.gainesvillemoms.com. The three forum posts with the most replies will be selected as winners. Each entrant may only win one prize. By entering, Entrants accept and agree to be bound by these Official Rules, including the decisions of the Sponsor which are final and binding in all respects.
4. CONDITIONS OF CONTEST ENTRY
As conditions of entry into the Contest, each Contest Entrant:
WARRANTS AND REPRESENTS THAT THE CONTEST ENTRANT OWNS ALL RIGHTS TO THE MATERIALS HE/SHE IS SUBMITTING (COLLECTIVELY, THE “CONTEST ENTRY MATERIALS”);
Irrevocably grants to Sponsor, Contest Entities, and its affiliates, legal representatives, assigns, agents and licensees, the worldwide, royalty-free, non-exclusive, sub licensable, unconditional, perpetual and transferable right and license to copyright (only as applicable), reproduce, encode, store, modify, copy,
transmit, publish, post, broadcast, display, edit for length and content, publicly perform, adapt, exhibit and/or otherwise use or reuse (without limitation as to when or to the number of times used), the Entrant’s name, address, image, likeness, statements, biographical material and Contest Entry Materials, including, but not limited to, any additional images and other materials relating to the Entrant and arising out of his/her participation in this Contest (with or without using the Entrant’s name) (collectively, the “Additional Materials”) (in each case, as submitted or as edited/modified in any way, whether by the Sponsor, its Licensees, or assigns, in the Sponsor’s sole discretion) in any media throughout the world for any purpose, without limitation, and without additional review, compensation, or approval from the
Entrant or any other party;
Irrevocably grants to Sponsor and its affiliates, legal representatives, assigns, agents and licensees, the worldwide, royalty-free, non-exclusive, sub licensable, unconditional, perpetual and transferable right and license to use the Contest Entry Materials for advertising, promotional or any other commercial purposes, including without limitation, the right to publicly display, reproduce and distribute the Contest Entry Materials in any other media, now known or hereafter devised, discovered or developed, throughout the world or universe, in perpetuity, in and/or via any format whatsoever, including, without limitation, any and all rights to license any of the same to any third parties, including, without limitation, Sponsor’s ability to publish, reproduce and otherwise use. Entrant’s name may be published on any Sponsor-owned website;
Forever waives any rights of privacy, intellectual property rights, and any other legal or moral rights that may preclude Sponsor’s use of the Entrant’s Contest Entry Materials or Additional Materials, or require the Contest Entrant’s permission for Sponsor to use them for promotional purposes, and agrees to never sue or assert any claim against the Sponsor’s use of those Materials; and
Agrees to indemnify and hold the Sponsor and its respective affiliates, officers, directors, agents, co-branders or other partners, and any of their employees (collectively, the “Promotion Indemnitees”), harmless from any and all claims, damages, expenses, costs (including reasonable attorneys’ fees) and liabilities (including settlements), brought or asserted by any third party against any of the Promotion Indemnities arising out of or in connection with: (a) any Contest Entry Materials or Additional Materials (including, but not limited to, any and all claims of third parties, whether or not groundless, based on the submission of such other material); (b) any breach by Entrant of any warranty, agreement or representation contained in the Official Rules or terms of service or in any documentation submitted by Entrant; (c) the Entrant’s conduct during and in connection with this Contest, including but not limited to trademark, copyright, or other intellectual property rights, right of publicity, right of privacy or defamation; or (d) the acceptance of any prize.
5. SPONSOR’S RIGHT TO DISQUALIFY
At any time during the Contest, Sponsor reserves the right, in its sole and unfettered discretion, to disqualify and remove any entry that it believes does not meet the spirit or requirements of the Official Rules. The decisions of the Sponsor on this and all matters relating to the Contest are final and binding.
6. WINNER SELECTION PROCESS
A total of three winners will be selected by counting the top three posters with the highest number of replies on the GainesvilleMoms.com forum (“Winner”). The winners will be selected after February 3rd, 2012. Each entrant may only win once.
In conjunction with the Contest, there will be awarded three (3) prizes: the three members with the most popular forum posts will receive a full photography session plus a credit for $75 to purchase prints, valued at $300 USD.
The total prize package has a fair market value of $300.00. If Winner is unable to fulfill prize during time period specified, Winner forfeits the prize package. Prizes are non-transferable and shall be deemed to have no cash value. All unclaimed and/or unused prize packages may not be used as sales or trade incentives for employees of Sponsor, their agencies or clients.
No prize substitution is permitted, except by Sponsor, which reserves the right to substitute any prize of equal or comparable value including cash in the event of prize unavailability. Prizes are non-transferable.
One prize per entrant.
Prize consists of only those items specifically listed as part of the prize. No substitution or transfer of prize is permitted, except that Sponsor reserves the right to substitute a prize of equal or greater value in the event that an offered prize is unavailable. All federal, state and local taxes on prizes are the sole responsibility of the Winner.
Entrant acknowledges and agrees that as a condition of being awarded a prize, Winner must sign and return, within five (5) days following attempted notification, a standard Release Form. Noncompliance within this time period may result in disqualification and an alternate Winner may be selected.
The Sponsors and each of their officers, directors, affiliates, related entities, partners, partnerships, principals, representatives, agents, licensees, sponsors, successors and assigns: (a) make no warranty, guaranty or representation of any kind concerning any prize; (b) disclaim any implied warranty; and (c) are not liable for injury, loss, or damage of any kind resulting from the acceptance or use of any prize, travel related thereto or from participation in this contest.
If any activity relating to any prize is canceled or postponed for any reason, the balance of that prize will be awarded in full satisfaction of prize award.
All taxes, fees and surcharges on prizes won are the sole responsibility of the Winner.
8. GENERAL RULES
The Contest is governed by and subject to the laws of the United States. All federal, state and local laws and regulations apply. Void where prohibited by law. By participating in the Contest and/or accepting any prize, Entrants grant permission to Sponsor and its advertising and promotion agencies to use their name(s), likeness(es), photos and any other material submitted in connection with the Contest for purposes of advertising, publicity and promotion purposes, without further compensation to Entrant, unless prohibited by law. Entrants agree to be bound by the Official Rules and the decisions of the Sponsor, which are final and binding on all matters relating to the Contest. Sponsor is not responsible for any typographical or other errors in the printing of the offer, administration of the Contest or the announcement of the prizes, or for lost, late, misdirected, damaged, incomplete or illegal entries.
Sponsor reserves the right at its sole discretion to disqualify the Contest Entry of any individual found to be: (a) tampering or attempting to tamper with the entry process or the operation of the Contest or any Sponsor website; (b) violating the Official Rules; (c) violating the terms of service, conditions of use and/or general rules or guidelines of any Sponsor property or service; or (d) acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. Further, Sponsor reserves the right to disqualify any entry which, in Sponsor’s sole opinion, is deemed to be offensive, libelous, slanderous, inflammatory, or otherwise inappropriate in any way for this Contest. CAUTION ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
9. LIMITATIONS OF LIABILITY
Sponsor assumes no responsibility for any computer, online, telephone transmission or technical malfunctions that may occur during participation in the Contest (including, without limitation, the voting phase of the Contest), or theft, destruction or unauthorized access to, or alteration of, Contest Entry
Materials. Sponsor is not responsible for any incorrect or inaccurate information, whether caused by website users, Entrants, or any of the equipment or programming associated with or utilized in the Contest, or for any technical or human error which may occur in the processing of submissions in the Contest. Sponsor assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation of transmission, failures or technical malfunction of any telephone network or lines, computer online systems, servers, providers, computer equipment, software, email, players or browsers, whether on account of technical problems, traffic congestion on the Internet or at any website, or on account of any combination of the foregoing (including but not limited to any such problems which may result in the inability to access the Contest Site or to submit Entry Materials in connection with the Contest).
Sponsor is not responsible for any injury or damage to participants or to any computer related to or resulting from participating or downloading materials in this Contest. If, for any reason, the Contest is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Contest, Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Contest and select winners from among that portion of the Contest that has not been compromised, if any. Sponsor reserves the right to cancel this contest at any time without obligation or prior notice.
10. DISPUTES/GOVERNING LAW
Except where prohibited, as a condition of participating in this Contest, Entrants agree 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, any prize awarded, or the determination of Winners shall be resolved individually, without resort to any form of class action. Further, in any such dispute, under no circumstances will Entrant 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 Entrant’s actual out-of-pocket expenses (e.g. costs associated with entering this Contest), and Entrant further waives all rights to have damages multiplied or increased. In the event of a dispute as to the identity of a winner based on email address, the winning entry will be declared made by the Authorized Account Holder of the email address submitted at time of entry. For purposes of these Official Rules, “Authorized Account Holder” is defined as the natural person who is assigned to an email address by an Internet access provider, online service provider or other organization (e.g. business, educational, institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address.
All issues and questions regarding rights and obligations of Entrants in connection with this Contest shall be governed by, and construed in accordance with, the laws of the State of Florida, U.S.A., without giving effect to the conflict of laws and rules thereof and any matters or proceedings which are not subject to arbitration as set forth in these Official Rules and/or for entering any judgment on an arbitration award, shall take place in the State of Florida.
The parties waive rights to trial by jury in any action or proceeding instituted in connection with these Official Rules and/or this Contest. Any controversy or claim arising out of or relating to these Official Rules and/or this Contest shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any
other party. The arbitration shall be conducted in the State of Florida and judgment on the arbitration award may be entered into any court having jurisdiction thereof.
12. WINNER’S LIST/RULES REQUESTS
For a copy of the Official Rules or the winner’s names, send a separate, stamped, self-addressed envelope to: The Gainesville Sun’s GainesvilleMoms.com Top Poster Contest, The Gainesville Sun, 2700 S.W. 13th St., Gainesville, FL 32608.