creativeLIVE - Skip Cohen - Twitter Contest - Official Rules
1) CONTEST DESCRIPTION AND PERIOD:
The creativeLIVE Marketing for Photographers with Skip Cohen Twitter Contest (the “Contest”) begins June 8, 2012 at 9:00 AM Pacific Daylight Time (PDT) and ends June 9, 2012 at 4:00 PM PDT (the "Contest Period"). The Contest is one in which a participant submits a tip or phrase relating to Marketing for Photographers on creativeLIVE.com and will be judged by a panel consisting of creativeLIVE staff and employees.
Contest open only to persons 18 years of age or older at the time of entry who do not reside in an area where such contests are prohibited by law The sponsor of this Contest is creativeLIVE, Inc. (the “Sponsor”). Officers, directors, employees, contractors and agents of the Sponsor its parent companies (if any), subsidiaries and affiliated companies, advertising, promotional and judging agencies, persons engaged in the development, production or distribution of materials for this Contest (collectively, the “Promotion Parties”) and their immediate family members (parent, child, sibling, and spouse of each) of and/or persons living in the same household as such individuals (whether related or not) are not eligible to participate. This Contest is void in all U.S. territories and possessions and where prohibited by law.
3) HOW TO ENTER:
No Purchase Necessary, and no entry fee, payment or proof-of-purchase necessary to participate in the Contest. You can enter the Contest in accordance with the steps described on the contest description page located at http://www.creativelive.com/courses/marketing-photographers-skip-cohen (the “Website”) in accordance with these Official Rules.
Entrants are required to indicate that they have read, accept, and agree to be bound by these rules (the “Official Rules”). The name of the person entering the Contest must be the authorized account holder of the Twitter address used to submit entry to the Contest; otherwise, the entry may be disqualified. In the event of a dispute over the identity of a winner, an entrant will be required to provide identification sufficient to show that he/she is the authorized account holder of the Twitter address on the entry form. It is the sole responsibility of the entrant to notify the Sponsor in writing if the entrant changes his or her Twitter, e-mail or postal address during the Contest Period.
Automated and/or repetitive electronic submissions (including but not limited to entries made using any script, macro, bot or Contest service) will be automatically disqualified and transmissions from these or related email or IP addresses may be blocked.
4) USE OF YOUR SUBMISSION AND PERSONAL INFORMATION:
(a) Entries and other submitted material become the property of Sponsor and will not be acknowledged or returned. By submitting an entry:
(i) You represent and warrant that your entry and all elements contained therein (“Content”) are your original work, have not been stolen or plagiarized, previously published or distributed in any media and have not been entered in or won previous contests or awards; and, that the Content does not violate any copyright, trademark, publicity right, or any other right of any third party.
(ii) You agree that Content shall be, to the maximum extent eligible, a "work made for hire," under the U.S. Copyright Act, as amended, with all rights therein, including without limitation the exclusive copyright, being the property of Sponsor. Otherwise, if your entry or any element thereof is considered not to be a "work made for hire," you hereby unconditionally and irrevocably transfer to Sponsor all right, title, and interest in the Content (including, without limitation, the copyright) in any and all media whether now known or hereafter devised, in perpetuity, wherever produced or located, including without limitation the right to use, copy, distribute, perform, display and to create derivative works of the Content for advertising, trade, other commercial purposes or any other purpose.
(iii) You represent and warrant that you meet the requirements and qualifications for this Contest and that you have read these Official Rules and are fully familiar with them.
(b) You agree to indemnify, and hold Sponsor, its officers, directors, employees, contractors, agents and representatives (“Indemnitees”) harmless from and against any third party claim (including reasonable attorneys’ fees and costs) arising from any use of the Content. You waive (i) any right to publicity, privacy or moral rights relating to the Content or your participation in this Contest, and (ii) any right to inspect or approve uses of the Content or to be compensated for any such uses. To the extent these rights may not be waived legally, you agree not to assert them.
(c) By submitting an entry, you grant Sponsor and its affiliated companies for a period of three (3) years from the end of the Contest Period, the right (except in the state of Tennessee and where otherwise prohibited by law), to use your name, likeness, picture, address (city and state), e-mail address, voice, biographical information, submission/entry and written or oral statements, for advertising and promotional purposes in promoting or publicizing the Contest, Sponsor and its goods and services, without compensation unless required by law. You shall have no right of approval, no claim to compensation, and no claim (including, without limitation, claims based on invasion of privacy, defamation, rights of integrity or attribution, or right of publicity) arising out of any use, blurring, alteration, or use in composite form of your name, image, picture, likeness, voice, address (city and state), e-mail address, biographical information, or entry. The rights granted under this paragraph shall extend to Sponsor and its affiliated companies and agents for all entrants in the Contest, including entrants who are selected as prize winners and those entrants who are not selected. Sponsor shall have no obligation to use the winning entries or any other entry for any purpose.
(d) Your entry shall not: (1) contain trademarks or copyrighted material not owned by entrant or used without permission (including, but not limited to, company names and other brand names); (2) use individuals’ names, in whole or in part without permission; (3) refer to public figures; (4) contain profanity, pornographic, or sexual content, content promoting alcohol, illegal drugs, tobacco, firearms, or weapons, hateful content of any kind (including racism, sexism, etc.), content that promotes violence or harm to another living creature, or any other offensive, obscene, or inappropriate content; (5) defame, misrepresent, or contain disparaging remarks about other people or companies, including, but not limited to Sponsor; (6) promote a political agenda regardless of the political affiliation; or (7) contain materials embodying the names or other identifying elements of any person, living or dead, without permission.
Sponsor and/or Sponsor’s designated representatives, retain the right to review all entries received and to only post those entries on the Website that conform to these Official Rules as determined by the Sponsor and/or its designated representatives in their sole discretion. Entries that do not so comply will be disqualified from the Contest and may not appear on the Website. All decisions of the Sponsor are final and binding.
5) WINNER SELECTION:
Winning entries will be judged based on three equally weighted criteria: (i) creativity, (ii) originality and (iii) style savvy.
The Sponsor’s decisions are final and binding in all matters relating to this Contest.
NOTE: BY WINNING THIS CONTEST THERE IS NO GUARANTEE THAT YOUR SUBMISSION WILL BE USED BY SPONSOR OR OTHERWISE. The Prize will be awarded provided a sufficient number of qualified eligible entries are received. Non-winning and/or ineligible entrants will not be contacted. Should a winner decline the prize offered for any reason or no reason, the entry receiving the next largest number of votes will be deemed the winner.
All prize information, including prize value, is listed with the Contest announcement found here. We reserve the right to substitute a prize of equal or greater value in the event that the original prize becomes unavailable. Some prizes may be awarded via gift certificate. All taxes, duties, fees and any other costs related to the prize not specifically stated within these Official Rules are the sole responsibility of the winner.
7) WINNER NOTIFICATION AND PRIZE FULFILLMENT:
You will be notified within approximately ten (10) after the judges pick their winners, via Twitter, if and only if you win the prize. Any winner notification returned either electronically, or as undeliverable without a forwarding address, will result in prize forfeiture and an alternate winner may be selected at Sponsor’s discretion. Winner has five (5) days to respond to the notice from Sponsor. If no response is received within the five day period, an alternate winner will be chosen. Potential winners may be required to sign and return to Sponsor an Affidavit of Eligibility/Talent & Liability Release which shall include, among other things, a “work for hire” agreement and (where lawful) a publicity release, for receipt by Sponsor by the due date indicated in the notification letter. If any required documents are not promptly returned, for any reason or no reason, then the prize may be forfeited and an alternate winner will be selected at Sponsor’s discretion.
This Contest is subject to the laws of the United States. By entering this Contest, entrants agree to be bound by these Official Rules and the decisions of the Sponsor that shall be final and binding in all respects. These Official Rules are accessible from http://www.creativelive.com throughout the Contest Period. Failure to comply with these Official Rules may result in disqualification. Entry submissions cannot defame or invade publicity rights or privacy of any person, living or deceased, or otherwise infringe upon any person’s personal or proprietary rights. Modifying, enhancing or altering a third party’s pre-existing work does not qualify as Entrant’s original creation. If the entry submitted contains elements not owned by the Entrant, Entrant must be able to provide legal releases (“Releases”) for such use including Sponsor’s use of such entry, in a form satisfactory to the Promotion Parties. Promotion Parties are not responsible for typographical errors or any other errors in entries submitted. By submitting an Entry, each Entrant represents and warrants that it is wholly original with her/him, she/he owns all right, title and interest in and to the Entry, that she/he has committed no fraud or deception in connection with such Entry, and that she/he has the sole and exclusive right to grant, transfer and assign all rights in and to such entry to the Promotion Parties. Promotion Parties assume no responsibility for any third party use of any material submitted in connection with the Contest.
Sponsor reserves the right at its sole discretion to disqualify any individual suspected of tampering with the entry process or the operation of the Contest; or to be acting in any manner deemed by Sponsor to be in violation of the Official Rules; or to be acting in any manner deemed by Sponsor to be unsportsmanlike or disruptive, or with intent to annoy, abuse, threaten or harass any other person. 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 LIMIATION, ATTORNEYS’ FEES) FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
9) ISSUES OF LAW:
(a) Taxes. ALL FEDERAL, STATE, AND LOCAL TAXES RELATING TO PARTICIPATION IN THIS CONTEST OR THE AWARDING OF THE PRIZES ARE THE RESPONSIBILITY OF THE PRIZE WINNERS AND FINALISTS.
(b) Governing Law. All federal, state and local laws and regulations are applicable. By entering, entrants agree that all issues and questions concerning the construction, validity, interpretation and enforceability of the Contest, these Official Rules, participants’ rights and obligations, or the rights and obligations of the Sponsor in connection with the Contest shall be governed by, and construed in accordance with, the laws of the State of Washington, without giving effect to any choice of law or conflict of law rules, which would cause the application of the laws of any jurisdiction other than the State of Washington, irrespective of the fact that any one of the parties is now or may become a resident of a different state. By entering, entrants consent to the jurisdiction and venue of the federal, state and local courts located in Seattle, Washington and hereby waive any objection to such jurisdiction and venue. Any claim or cause of action arising out of or related to this Contest or these Official Rules must be filed within one (1) year after such claim or cause of action arose regardless of any law to the contrary. In the event any such claim or cause of action is not filed within such one (1) year period, such claim or cause of action shall be forever barred.
(c) Severability. If any provision of these Official Rules shall be held invalid, illegal or unenforceable, such provision shall be enforced to the maximum extent permitted by law and the Sponsor's fundamental intentions hereunder, and the remaining provisions shall not be affected or impaired, provided, however, that in such cases the parties oblige themselves to use their best efforts to achieve the purpose of the invalid provision by a new legally valid stipulation.
(d) Important Disclaimers and Limitations.
There are NO WARRANTIES express or implied made by Sponsor and, additionally, no implied indemnities of any kind.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, SPONSOR, ITS AGENTS, REPRESENTATIVES AND CONTRACTORS HEREBY DISCLAIM ANY WARRANTIES, OBLIGATIONS, LIABILITIES, RIGHTS AND REMEDIES, EXPRESS OR IMPLIED, ORAL OR WRITTEN, ARISING BY LAW OR OTHERWISE, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, INFRINGEMENT OR ANY IMPLIED INDEMNITIES. YOU UNDERSTAND AND ACKNOWLEDGE THAT SPONSOR HAS NOT MADE, AND YOU ARE NOT RELYING ON, ANY EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS TO YOU REGARDING THE VALUE OF THIS CONTEST OR THE ODDS OF YOU BECOMING A FINALIST OR A WINNER, OR ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION, PRODUCTS, SERVICES AND RELATED GRAPHICS USED IN CONNECTION WITH THE CONTEST, THESE OFFICIAL RULES OR ANY WEBSITES. ALL DATA, INFORMATION, PRODUCTS, SERVICES AND GRAPHICS RELATED TO THE CONTEST, THESE OFFICIAL RULES AND ANY WEBSITES ARE PROVIDED "AS-IS, WHERE-IS" WITHOUT TECHNICAL SUPPORT OF ANY KIND.
IN NO EVENT SHALL SPONSOR, OR ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS OR REPRESENTATIVES BE LIABLE TO YOU OR ANY THIRD PARTY FOR INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS OR LOST PRIZES) RELATED TO THE CONTEST. THESE OFFICIAL RULES, THE PERFORMANCE OR BREACH OF THESE OFFICIAL RULES BY SPONSOR, THE USE OR EXPLOITATION OF ANY CONTENT, OR OTHERWISE, EVEN IF SPONSOR IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES OR IF THE EXCLUSIVE REMEDIES STATED HEREIN FAIL OF THEIR ESSENTIAL PURPOSE.
CONTEST PARTICIPANTS AGREE AND UNDERSTAND THAT THE TERMS AND CONDITIONS OF THESE OFFICIAL RULES AND THE CONTEST REPRESENT AN AGREED ALLOCATION OF RISK BETWEEN SPONSOR, THE PROMOTION PARTIES AND THE RELEASE PARTIES (SEE SECTION 10, BELOW), ON THE ONE HAND, AND PARTICIPANTS, ON THE OTHER. SPONSOR COULD NOT PUT ON THIS CONTEST “BUT FOR” PARTICIPANTS’ AGREEMENT AND COMPLIANCE WITH THESE OFFICIAL RULES AND SPONSOR IS RELYING ON EACH PARTICIPANT’S COMPLIANCE WITH THE OFFICIAL RULES TO ENSURE THAT THE CONTEST IS RUN IN ACCORDANCE WITH APPLICABLE LAW.
Promotion Parties assume no responsibility or liability for (1) any incorrect or inaccurate entry information, or for any faulty, failed, garbled or jumbled electronic data transmissions; (2) any unauthorized access to, or theft, destruction or alteration of entries at any point in the operation of this Contest; (3) any technical malfunction, failure, error, omission, interruption, deletion, defect, delay in operation or communications line failure, regardless of cause, with regard to any equipment, systems, networks, lines, satellites, servers, computers or providers utilized in any aspect of the operation of the Contest; (4) inaccessibility or unavailability of the Internet or any combination thereof, or; (5) any injury or damage to participant’s or to any other person's computer which may be related to or resulting from any attempt to participate in the Contest or download any materials in the Contest. If, for any reason, the Contest is not capable of running as planned for reasons which may include without limitation, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which may corrupt or affect the administration, security, fairness, integrity or proper conduct of this Contest, then Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Contest in whole or in part.
All entrants and winners, as a condition of entry into the Contest, agree to release creativeLIVE, Inc. its directors, officers, parents (if any), subsidiaries and affiliated companies, contractors, agents, representatives, suppliers, printers, application developers, advertising, promotional or judging agencies (the “Released Parties”), from and against any and all liability, claims or actions of any kind whatsoever for injuries, damages, or losses to persons or property which may be sustained in connection with accessing the Contest page; submitting an entry or otherwise participating in any aspect of the Contest; the receipt, ownership or use of any prize awarded; preparing for, participating in any Contest-related or prize-related activity, or any typographical or other error in these Official Rules or the announcement of offering of any prize. The Released Parties are further not liable for damage to an entrant or user's computer system (including, without limitation, any server failure or lost, delayed or corrupted data or other malfunction) due, either directly or indirectly, to an entrant's participation in the Contest or downloading of information in connection with the Contest. Sponsor reserves the right to modify or cancel the Contest in the event that any portion of any website used to administer any aspect of the Contest becomes technically corrupted.
Sponsor makes no representations or warranties of any kind concerning the appearance, safety, or performance of any prize. Except for residents of Tennessee and where otherwise prohibited by law, winners grant to Sponsor the right to print, publish, broadcast and use worldwide in any media now known or hereinafter known (including without limitation use online or through Sponsor’s various websites) the winner’s entry, name, address, voice, statement, picture or other likeness, without additional compensation, for public relations, advertising and promotional purposes as may be determined by Sponsor.
11) WINNERS LIST:
To request the names of the winners (available after June 10, 2012) send an e-mail with subject line: "Marketing for Photographers Contest Winners" to firstname.lastname@example.org. Requests must be received no later than June 17, 2012.
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