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NUESTRA GENTE’S LOOK OF THE WEEK PHOTO CONTEST
NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING.
NUESTRA GENTE’S LOOK OF THE WEEK PHOTO CONTEST (THE “CONTEST”) IS INTENDED TO BE CONDUCTED IN THE UNITED STATES ONLY AND SHALL BE CONSTRUED AND EVALUATED ACCORDING TO APPLICABLE U.S. LAW. VOID WHERE PROHIBITED BY LAW. ENTRY IN THIS CONTEST CONSTITUTES ACCEPTANCE OF THESE CONTEST RULES (THE “CONTEST RULES”).
To be eligible for this Contest, an individual must be a legal resident of the United States and be eighteen (18) of age or older at the time of entry. Employees of Studio One Networks, Inc., 625 Broadway, New York, NY 10012 (the “Sponsor”), their respective affiliates, subsidiaries, related companies, advertising and promotional agencies, judges of the Contest and the household members of any of the above, are not eligible to participate in the Contest. The Sponsor shall have the right at any time to require proof of identity and/or eligibility to participate in the Contest. Failure to provide such proof may result in disqualification. All personal and other information requested by and supplied to the Sponsor for the purpose of the Contest must be truthful, complete, accurate and in no way misleading. The Sponsor reserves the right, in its sole discretion to disqualify any entrant should such an entrant at any stage supply untruthful, incomplete, inaccurate or misleading personal details and/or information.
2. CONTEST PERIOD
The Contest happens every week from April 22, 2013, to March 1, 2014, beginning at 9 a.m. Eastern Standard Time (“EST”) on Mondays and ending at 9 p.m. EST on Sundays (the “Contest Period”). After the Contest Period, the Contest will be closed and no further entries shall be accepted. Sponsor’s computer is the official timekeeping device for this Contest.
3. HOW TO ENTER
To enter, take a photo of your outfit and post it on Instagram using the hashtag #NGlook (hereinafter the “Work”).You the entrant must be the sole owner of all right, title and interest (including copyright) in and to the Work submitted in connection with the Contest.
By participating in this Contest, entrant represents and warrants that: (i) the Work meets the criteria set out herein and does not contain any material that is libelous, defamatory, pornographic, profane or obscene; (ii) the Work is original and all right, title, and interest (including copyright) therein and thereto is owned and/or controlled by the entrant to the full extent necessary to enable the Sponsor to use the Work as contemplated by these Contest Rules; and (iii) the Work does not infringe upon the intellectual property, privacy or other statutory or common law rights of any third party.
Limit of one (1) entry per person during the Contest Period. In the case of multiple entries, only the first eligible entry will be considered.
All entries, including the Work, become the sole property of the Sponsor and none will be returned for any reason. Entries must be received no later than the end of the Contest Period. Entries will be declared invalid if they are late, illegible, incomplete, damaged, irregular, mutilated, forged, garbled or mechanically or electronically reproduced. No communication or correspondence will be exchanged with entrants except with those selected for a Prize.
Entries received online shall be deemed to be submitted by the authorized account holder of the e-mail address associated with the entry. For the purpose of the Contest Rules, authorized account holder of an e-mail address 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. Each selected entrant may be required to provide the Sponsor with proof that the selected entrant is the authorized account holder of the e-mail address associated with the winning entry.
Withdrawal of Photograph: If an entrant submits a photograph and later wishes to have it removed from, or not posted to the intended website(s), they should contact Studio One Networks at firstname.lastname@example.org.
4. WINNER SELECTION AND NOTIFICATION
One (1) Winner shall be selected as follows:
1. On Mondays by 8 p.m., one (1) winner will be announced to receive a prize. Winner selections will be based on the criteria set forth below, from all eligible entries received during the Contest Period. Each entrant shall be eligible to win only one (1) Prize. The odds of being selected as a potential winner are dependent upon the number of eligible entries received by the Sponsor. Before being declared a Winner, the selected entrant shall be required to sign and return the Release (described below).
2. An impartial panel of judges selected by the Sponsor will review all eligible entries. The criteria that will be used by the Judges to determine the potential Prize Winners, includes chicness and clarity. The judges, in their absolute discretion, shall select the Winners based upon the above criteria. The decisions of the judges shall be final and binding and may not be challenged in any way.
3. EACH SELECTED ENTRANT WILL BE NOTIFIED BY TWITTER OR INSTAGRAM MESSAGE NO LATER THAN MONDAYS AT 8PM EST AND MUST RESPOND WITHIN TWO (2) BUSINESS DAYS OF NOTIFICATION. Upon notification, the selected entrant must respond by email to the email address provided in the notification, and the selected entrant’s response must be received by the Sponsor within two (2) business days of such notification. If the selected entrant does not respond in accordance with the Contest Rules, he/she will be disqualified and will not receive a Prize and another entrant may be selected in the Sponsor’s sole discretion until such time as an entrant satisfies the terms set out herein. The Sponsor is not responsible for the failure for any reason whatsoever of a selected entrant to receive notification or for the Sponsor to receive a selected entrant’s response.
There is one (1) prize awarded: SEARS Gift Card (Value: $25)
Prizes will be distributed within fourteen (14) days after each Winner has been successfully contacted and notified of his/her Prize and fulfilled the requirements set out herein. Prizes must be accepted as awarded and cannot be transferred, assigned, substituted or redeemed for cash, except at the sole discretion of the Sponsor. Any unused portion of a Prize will be forfeited and have no cash value. The Sponsor reserves the right, in its and their sole discretion, to substitute a prize of equal or greater value if a Prize (or any portion thereof) cannot be awarded for any reason. The Sponsor shall not assume any liability for lost, damaged or misdirected Prizes.
Winners will be required to execute a legal agreement and release (“Release”) that confirms Winner’s: (i) eligibility for the Contest and compliance with these Contest Rules; (ii) acceptance of the Prize as offered; (iii) release of each of the Sponsor and its respective parent companies, subsidiaries, affiliates and/or related companies and each of their employees, directors, officers, suppliers, agents, Sponsor, Facebook, Inc., administrators, licensees, representatives, advertising, media buying and promotional agencies (collectively, the “Releasees”) from any and all liability for any loss, harm, damages, cost or expense arising out of participation in the Contest, participation in any Contest-related activity or the acceptance, use, or misuse of any Prize, including but not limited to costs, injuries, losses related to personal injuries, death, damage to, loss or destruction of property, rights of publicity or privacy, defamation, or portrayal in a false light, or from any and all claims of third parties arising therefrom; and (iv) grant to the Sponsor of the unrestricted right, in the Sponsor’s sole discretion, to produce, reproduce, publish, reproduce, convert, broadcast, communicate by telecommunication, exhibit, distribute, translate, adapt and otherwise use and re-use the Work and Winner’s name, photograph, likeness, voice and biography in any and all media now known or hereafter devised, in connection with the Contest and the promotion and exploitation thereof. The executed Release must be returned within two (2) business days of the date indicated on the accompanying email letter of notification or the verification as a Winner, or the selected entrant will be disqualified and the Prize forfeited.
By entering the Contest, entrant releases and hold Releasees harmless from any and all liability for any injuries, loss or damage of any kind to the entrant or any other person, including personal injury, death, or property damage, resulting in whole or in part, directly or indirectly, from acceptance, possession, use or misuse of any Prize, participation in the Contest, any breach of the Contest Rules, or in any Prize-related activity. The entrant agrees to fully indemnify Releasees from any and all claims by third parties relating to the Contest, without limitation.
8. RIGHTS CLEARANCE
By providing the Work to the Sponsor in connection with the Contest, each entrant shall retain all right, title and interest (including copyright) in and to the Work, and shall grant to the Sponsor and SEARS a worldwide, gratuitous, irrevocable, and exclusive license to copy, use, modify, reproduce, display, adapt and transmit the Work for use in all media now known or hereafter devised in perpetuity beginning on the date of entry, including, but not limited to, in connection with the administration, promotion and exploitation of the Contest, posting of the Work on the Sponsor’s websites and social media sites including but not limited, and any of the Sponsor’s websites available for the general public to see, comment on and vote on. The Sponsor assumes no responsibility for any claims of infringement of rights to copyright, privacy and/or personality, and all such liability shall remain with the entrant. In addition, each entrant represents to the Sponsor that the Work does not infringe any copyright interest of any third party and that the Work is not defamatory or obscene and does not violate any laws relating to hate speech or otherwise. The Sponsor reserves the right to exclude any Work on the basis of concerns relating to eligibility, the rights of third parties, including but not limited to privacy, copyright, defamation, rights of personality, obscenity or hate speech, as determined by Sponsor in their sole discretion.
9. LIMITATION OF LIABILITY
The Sponsor assumes no responsibility or liability for lost, late, unintelligible/illegible, falsified, damaged, misdirected or incomplete entries, notifications, responses, replies or any Release, or for any computer, online, software, telephone, hardware or technical malfunctions that may occur, including but not limited to malfunctions that may affect the transmission or non-transmission of an entry. The Sponsor is not responsible for any incorrect or inaccurate information, whether caused by website users or by any of the equipment or programming associated with or utilized in the Contest or by any technical or human error which may occur in the administration of the Contest. The 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. The Sponsor is not responsible for any problems, failures or technical malfunction of any telephone network or lines, computer online systems, servers, providers, computer equipment, software, e-mail, players, or browsers, on account of technical problems or traffic congestion on the Internet, at any website, or on account of any combination of the foregoing or otherwise. The Sponsor is not responsible for any injury or damage to entrant or to any computer related to or resulting from participating or downloading materials in this Contest. Entrant assumes liability for injuries caused or claimed to be caused by participating in the Contest, or by the acceptance, possession, use of, or failure to receive any Prize. The Sponsor assumes no responsibility or liability in the event that the Contest cannot be conducted as planned for any reason, including those reasons beyond the control of the Sponsor, such as infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or corruption of the administration, security, fairness, integrity or proper conduct of this Contest or the Contest Website.
By participating in the Contest, each entrant agrees to be bound by the Contest Rules, which will be posted at the Contest Website throughout the Contest Period. Entrant further agrees to be bound by the decisions of the judges and Sponsor, which shall be final and binding in all respects. The Sponsor reserves the right, in its sole discretion, to disqualify any entrant found to be: (a) violating the Contest Rules; (b) tampering or attempting to tamper with the entry process or the operation of the Contest or the Contest Website; (c) violating the terms of service, conditions of use and/or general rules or guidelines of any Studio One Networks website; and/or (d) acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. ANY ATTEMPT TO DELIBERATELY DAMAGE THE CONTEST WEBSITE OR ANY RELATED WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW.
11. RIGHT OF PUBLICITY / USE OF PERSONAL INFORMATION
Sponsor reserves the right, in their sole discretion, to terminate the Contest, in whole or in part, and/or modify, amend or suspend the Contest, and/or the Contest Rules in any way, at any time, for any reason without prior notice.
13. CHOICE OF LAW
The Contest is subject to applicable federal, provincial and municipal laws and regulations. The Contest Rules are subject to change without notice in order to comply with any applicable federal, provincial and municipal laws or the policy of any other entity having jurisdiction over the Sponsor. All issues and questions concerning the construction, validity, interpretation and enforceability of the Contest Rules or the rights and obligations as between the entrant and the Sponsor in connection with the Contest shall be governed by and construed in accordance with the laws of the state of New York, including procedural provisions without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other jurisdiction’s laws.
14. LANGUAGE DISCREPANCY
In the event of any discrepancy or inconsistency between the Contest Rules and disclosures or other statements contained in any Contest-related materials, including but not limited to the Contest entry form, or point of sale, television, print or online advertising, the Contest Rules shall prevail, govern and control.
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