NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
1. Eligibility: The 3rd Annual SparkNotes Yearbook Awards (the "Contest") is open only to legal residents of the fifty (50) United States (excluding Maine) and the District of Columbia who are between the ages of thirteen (13) and twenty (20) years old at the time of entry. If a minor under the laws of his/her state of residence, an entrant must have parent or legal guardian's permission to enter the Contest under the terms of these Official Rules. Employees of Sponsor, and its parent and affiliate companies as well as the immediate family (spouse, parents, siblings and children) and household members of each are not eligible. Subject to all applicable federal, state, and local laws and regulations. Void in Maine and where prohibited.
2. Sponsor: SparkNotes, LLC, 76 Ninth Ave, 9th Floor, New York, NY 10011.
3. Agreement to Official Rules: Participation in this Contest constitutes Entrant's full and unconditional agreement to these Official Rules and Sponsor's decisions, which are final and binding in all matters related to this Contest. Winning a prize is contingent upon fulfilling all requirements set forth herein.
4. Contest Period: The Contest begins on March 17, 2011 at 12:00 a.m. Eastern Time ("ET"), ends on May 17, 2011 at 11:59 p.m. ET (the "Contest Period") and consists of two (2) phases as set forth in the chart below.
|Phase||Start Date (at 12:00 a.m. ET)||End Date (at 11:59 p.m. ET)|
Sponsor's computer is the official time-keeping device for the Contest.
5. How to Enter: During the Submission Phase, visit http://www.sparknotes.com/yearbook/2011 and follow the links and instructions to complete and submit the registration form, including a valid email address. You can only nominate yourself for one (1) of the following six (6) categories: Class Clown, Most Unique, Most Likely To be President, Best Dressed, Nerdiest Nerd, Best Hair. Then, follow the directions to email one (1) photo of yourself, your name as you'd like it to appear in the voting, the one (1) Category for which you are entering, and a 3-4 sentence description of why you should be selected as the winner in that category, collectively referred to as your submission ("Submission"). Your Submission will only be valid for one (1) category. By entering your Submission you agree to be bound by these Official Rules and that your Submission conforms to Guidelines and Content Restrictions as defined below (collectively, the "Guidelines and Restrictions") and that Sponsor, in its sole discretion, may remove your Submission and disqualify you from the Contest if it believes, in its sole discretion, that your Submission fails to conform to the Guidelines and Restrictions.
- The Submission photo must be in .jpg format;
- The Submission must be original;
- The Submission must contain one (1) category and your name;
- The Submission must be in English; and
- The Submission cannot have been submitted previously in a promotion of any kind or exhibited or displayed publicly through any means.
- The Submission must not contain material that violates or infringes another's rights, including but not limited to privacy, publicity or intellectual property rights, or that constitutes copyright infringement;
- The Submission must not disparage Sponsor or any other person or party affiliated with the Contest;
- The Submission must not contain brand names or trademarks;
- The Submission must not contain images or artwork not created by entrant;
- The Submission must not contain material that is inappropriate, indecent, obscene, hateful, tortious, defamatory, slanderous or libelous;
- The Submission must not contain material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, 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.
Limit: Each entrant may submit one (1) Submission during the Submission Phase. Submissions received from any person or email address in excess of the stated limit will be void. Submissions generated by script, macro or other automated means are void. Entrant must have permission from all individuals that appear in the Submission (if any) to use their names and likenesses in the Submission and to grant the rights set forth herein. If requested, entrant must be able to provide such permissions in a form acceptable to Sponsor. Uploading a Submission constitutes entrant's consent to give Sponsor a royalty-free, irrevocable, perpetual, non-exclusive license to use, reproduce, modify, publish, create derivative works from, and display such Submissions in whole or in part, on a worldwide basis, and to incorporate it into other works, in any form, media or technology now known or later developed, including for promotional or marketing purposes. If requested, entrant will sign any documentation that may be required for Sponsor or its designees to make use of the non-exclusive rights entrant is granting to use the Submission. Released Parties (as defined in Section 9, below) are not responsible for lost, late, stolen, damaged, incomplete, invalid, un-intelligible, garbled, delayed or misdirected Submissions, all of which will be void.
In the event of a dispute as to any Submission, the authorized account holder of the email address used to register will be deemed to be the entrant and must comply with these Official Rules. The "authorized account holder" is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Each entrant may be required to show proof of being an authorized account holder.
6. Winner Determination: Winners will be determined according to the voting process set forth below.
Voting Phase: During the Voting Phase, the entrants' Submissions will be posted for public voting at http://www.sparknotes.com/yearbook/2011. People who visit the site will be presented with two (randomly paired) Submissions from a single category and invited to vote for the Submission they believe best exemplifies the category. After voting on one pair, visitors will be presented with another random pairing and asked to vote, until they have been presented with every Submission. Entrants are prohibited from obtaining votes by any fraudulent or inappropriate means, including, without limitation, offering prizes or other inducements to members of the public, as determined by Sponsor in its sole discretion. Subject to the Entrant's compliance with these Official Rules, the Entrant whose Submission receives the highest number of valid votes in a category during the Voting Phase will be deemed the potential Grand Prize winner in that category. Sponsor reserves the right, in its sole discretion, to select an alternate Grand Prize winner for any and all categories should the voting appear to have been tampered with or manipulated in any way.
Tie-Breakers: In the event of a tie in any category at the end of the Voting Phase, a panel of qualified judges, determined by Sponsor in its sole discretion, will judge the Entrant's Submission based on the following equally-weighted criteria ("Judging Criteria"):
- Relevance to Category
The Submission that receives the highest score, as determined by the qualified judges in their sole discretion, will be deemed the potential winner from among the tied Entrants.
7. Winner Requirements: Potential winners will be notified by email, mail or phone on or around May 19, 2011. Each potential Grand Prize winner (parent/legal guardian if a minor in his/her state of residence) will be required to sign and return an Affidavit of Eligibility, Liability & Publicity Release ("Affidavit"), which must be received by Sponsor within ten (10) days of the date notice or attempted notice is sent, in order to claim his/her prize. Any potential winner that cannot be contacted, fails to sign and return the Affidavit within the required time period, or does not comply with these Official Rules, forfeits the prize. If a potential winner is disqualified for any reason, the prize may be awarded to a runner-up, if any, in Sponsor's sole discretion. Only three (3) alternate winners may be determined in each category, after which the applicable prize will remain un-awarded. Acceptance of any prize shall constitute and signify winner's agreement and consent that Sponsor and its designees may use the winner's name, city, state, likeness, photo, Submission and/or prize information in connection with the Contest for promotional, advertising or other purposes, worldwide, in any and all media now known or hereafter devised, including the Internet, without limitation and without further payment, notification, permission or other consideration, except where prohibited by law. Without limiting the generality of these Official Rules, winner shall irrevocably grant, transfer, convey and assign to Sponsor the entirety of the rights in and to the Submission and all renewals and extensions of copyright, and the right to secure copyright registrations thereto in perpetuity including, without limitation, the rights to use the Submission for any and all purposes in any and all media whether now known or hereafter developed, throughout the world. Winner accepts and acknowledges that Sponsor shall not be obligated to use the Submission and that Sponsor in its sole discretion shall have the right to refrain from using the Submission. Sponsor shall not incur any liability whatsoever to the extent Sponsor chooses to use or refrain from any exploitation of its rights hereunder. Winner will indemnify Sponsor, Released Parties (as defined in Section 9, below) and any licensee of Sponsor against all claims, damages, liabilities, and expenses (including reasonable counsel fees and legal expenses) arising out of any breach of these terms. Prizes will be fulfilled approximately 4 - 6 weeks after winner validation.
8. Prizes: SIX (6) GRAND PRIZES (one (1) per category): Each category winner will receive a check for five hundred dollars ($500.00). Prizes are non-transferable and no substitution will be made except as provided herein at the Sponsor's sole discretion. Winners are responsible for all taxes and fees associated with prize receipt and/or use. Limit: One (1) prize per person. Sponsor will not replace any lost or stolen prizes.
9. Release: By participating in the Contest, entrant agrees to release and hold harmless the Sponsor, its parent company, subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies involved in this Contest, and prize suppliers, and each of their respective parent companies and each such company's officers, directors, 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 participation in the Contest or receipt or use or misuse of any prize.
10. 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 impairs the integrity or proper functioning of the Contest, as determined by Sponsor in its sole discretion. If terminated Sponsor may, in its sole discretion, determine the winners from among all non-suspect, eligible Submissions received up to the time of such termination based on the number of votes each such Submission has received up to the date of such termination. Sponsor, in its sole discretion, reserves the right to disqualify any individual it finds to be tampering with the Submission process or the operation of the Contest or to be acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner and void all associated Submissions. 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 and other remedies (including attorneys' fees) from any such person to the fullest extent permitted by law. Sponsor's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
11. Limitations of Liability: Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrant, printing, typographical or other 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 Submission process or the Contest; (4) technical, computer, network or human error which may occur in the administration of the Contest, the uploading, the processing of Submissions or votes or the tabulating of votes, the announcement of the prizes or in any Contest-related materials; (5) late, lost, undeliverable, damaged or stolen Submissions or prizes; 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 Contest or receipt or use or misuse of any prize. Released Parties are not responsible for misdirected or undeliverable Submissions 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. Released Parties are not responsible for any unauthorized third-party use of any Submission. BY PARTICIPATING, ENTRANT WAIVES ALL RIGHTS TO CLAIM PUNITIVE, INCIDENTAL AND CONSEQUENTIAL DAMAGES, ATTORNEYS' FEES OR ANY DAMAGES.
12. Disputes: Except where prohibited, entrant agrees 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 (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. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Contest, shall be governed by, and construed in accordance with the laws of the State of New York, applicable to contracts made and performed therein without reference to the applicable choice of law provisions. All actions, proceedings, or litigation relating hereto will be instituted and prosecuted solely within the State of New York, County of New York. The parties consent to the jurisdiction of the state courts of New York and federal court located with such state and county with respect to any action, dispute, or other matter pertaining to or arising out of this Contest.
14. Winner List: For the name of the winners, available after May 30, 2011, which must be received no later than September 19, 2011, send an email with subject line: "The 3rd Annual SparkNotes Yearbook Awards, Winners List Request," to email@example.com, or mail a request to The 3rd Annual SparkNotes Yearbook Awards, Winners List, 76 9th Ave, 9th Floor, New York, New York 10011.
15. No Warranties: Sponsor makes no warranties covering any of the prizes furnished as part of this Contest.
16. No Implied Endorsement: The names of individuals, groups, companies, products and services mentioned herein, and any corresponding likenesses, logos and images thereof reproduced herein, have been used for identification purposes only and may be the copyrighted properties and trademarks of their respective owners. The mention of any individual, group or company, or the inclusion of a product or service as the prize, does not imply any association with or endorsement by such individual, group or company or the manufacturer or distributor of such product or service and, except as otherwise indicated, no association or endorsement is intended or should be inferred.
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