Contest Rules: SMITH Magazine/Shutterfly Six-Word Memoir Caption Contest
NO PURCHASE NECESSARY TO WIN. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED.
Sponsors. The SMITH Magazine/Shutterfly Six-Word Memoir photo contest (the “Contest”) is sponsored by SMITH Magazine and Shutterfly, Inc. (“Shutterfly”) and (collectively the “Sponsors”), and is managed by SMITH Magazine. You may contact SMITH Magazine either by mail, w. 17th St., 7th Floor, NY, NY 10011, by email at concierge AT smithmag DOT net.
1. Rules. The Contest is governed by these rules, terms and conditions (the “Official Rules”). By participating in the Contest, you agree to these Official Rules and the decision of the judges which are final and binding. The Sponsors reserve the right, in their sole discretion, to cancel, modify or suspend the Contest in whole or in part, in the event of fraud, technical or other difficulties or if the integrity of the Contest is compromised, without liability to the participant.
2. Contest Period. The duration of the Contest is September 10, 2012 through a date to be determined (the “Contest Period”). The Contest is held weekly, beginning on the Monday of each week at 12:00 a.m. Eastern Time (ET) and ending on the Friday of such week at 11:59 p.m. ET. All registration attempts made outside such times are void.
3. Participation; Eligibility. To participate in the Contest, you must (i) be a legal resident of the United States (including the District of Columbia), and (ii) go to the Contest website (the “Contest Site”) and following the instructions register as a participant and complete and submit an entry as specified.
4. Non-eligible: You may not enter the Contest if you are an employee, director or other representative (and their respective IRS dependents, immediate family members (spouse, children, parents, siblings) and individuals residing in their same household), of one of the Sponsors, their parent companies, affiliates, subsidiaries, licensees, or their advertising, promotion or production agencies. The Sponsors reserve the right, at any time, to verify eligibility requirements, in any manner they deem appropriate.
5. Submitted Image. By entering the Contest, you expressly agree not to submit an image or content (“Submission”) that is unlawful, libelous, slanderous, defamatory or invasive of another person’s right of privacy or right of publicity, or that Sponsors may reasonably deem harmful, vulgar, obscene, derogatory, pornographic, abusive, harassing, threatening, hateful, objectionable with respect to race, religion, creed, national origin or gender, or otherwise unfit for publication. Sponsors shall not be liable in any way for a Submission. Sponsors shall have no obligation to monitor the Submission provided by you to Sponsors, but may do so at their discretion. Any Submission that, in the sole discretion of Sponsors is considered inappropriate or unsuitable for publication will be deemed ineligible by Sponsors, and Sponsors may, in their sole discretion, remove a Submission from the Contest Site. The Sponsors will not return any Submissions submitted on or through the Contest Site.
Except where prohibited, by entering this Contest, you consent to the use of your name, photo and/or likeness, biographical information, winning entry and statements attributed to winner (if true) for advertising and promotional purposes without additional compensation. As such, you hereby grant to the Sponsors a non-exclusive, fully transferable, perpetual, irrevocable, royalty free, fully paid up right and license to adapt, edit, modify, publish, promote, reproduce, distribute, publicly display and perform and make derivative works based on your Submission in any and all media as the Sponsors see fit for any reason, to identify you as the author of the Submission and to authorize others to do any of the above without any obligation to compensate you.
You represent and warrant to Sponsors that (i) you are the sole and exclusive owner of your Submission, or that you have all right and authority to grant the rights in the Submission to Sponsors described herein; (ii) you have obtained any and all releases necessary from all persons depicted in the Submissions, including, without limitation, releases in the context of rights of privacy and rights of publicity; and (iii) in the event that a person depicted in a Submission is under eighteen (18) years of age, you are the parent or legal guardian of such person, or if you are not the parent or legal guardian, you have obtained all appropriate permissions and releases from the parent or legal guardian of the person in question, to submit the Submission for the Contest.
7. How Winners are Selected. Contest winners will be determined based on a judgment by a qualified panel of judges consisting of representatives of the Sponsors. One winner will be selected for each week. The Submissions will be judged based on the following criteria: (i) consistency with the theme of the Contest, and (ii) quality of the Submission. The decision of the judges will be final.
8. Prizes. For each week, one winner will be awarded the prizes described below. Taxes, if any, related to the prizes are the sole responsibility of the winner. The prizes cannot be assigned, transferred, redeemed for cash, or substituted except by Sponsors who may, at their sole discretion, substitute any prize with one of comparable value if the advertised prize is or becomes unavailable for any reason. Sponsors will not replace any lost of stolen prizes.
Prize: $50 gift card to Shutterfly
9. Winner Notification; Declaration of Eligibility; Delivery of Prizes. Winners will be notified after the end of the Contest Period to the email address provided by the winner during the registration process. If a participant changes his/her email address after entering into the Contest, it is his/her sole responsibility to update his/her email by emailing firstname.lastname@example.org. Winners will be required to sign a Declaration of Eligibility, which must be properly executed and returned within ten (10) days after notification and issuance of the Declaration of Eligibility.
The prizes shall be delivered to the winners at the address on their respective Declaration of Eligibility. Delivery of the prizes may be by courier service, postal service or other means as determined solely by the Sponsors. The Sponsors shall not be liable for any loss or damage whatsoever that is suffered (including, but not limited to, indirect or consequential loss) in the delivery of the prizes to the winners.
If a selected winner cannot be contacted, is ineligible, fails to claim a prize and/or a Declaration of Eligibility is not timely received, is incomplete or modified, the prize shall be forfeited and an alternate winner may be selected from remaining Submissions. In the event of a dispute regarding who submitted a Submission, a Submission will be deemed submitted by the authorized account holder of the e-mail account specified in the Submission. “Authorized account holder” 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 (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address.
10. LIMITATION OF LIABILITY. BY PARTICIPATING IN THE CONTEST, YOU WAIVE ANY RIGHT TO CLAIM AMBIGUITY IN THE OFFICIAL RULES, AND RELEASE, INDEMNIFY AND HOLD HARMLESS THE SPONSORS, THEIR RESPECTIVE AFFILIATES, SUBSIDIARIES, PRIZE SUPPLIERS, ADVERTISING AND PROMOTION AGENCIES, AND ALL OF THEIR RESPECTIVE AGENTS, REPRESENTATIVES, OFFICERS, DIRECTORS, SHAREHOLDERS AND EMPLOYEES FROM AND AGAINST ANY INJURIES, LOSSES, DAMAGES, CLAIMS, ACTIONS, OR ANY LIABILITY OF ANY KIND RESULTING FROM OR ARISING FROM (I) PARTICIPATION IN THE CONTEST (INCLUDING BUT NOT LIMITED TO ANY ACCEPTANCE, POSSESSION, USE, MISUSE, OR NONUSE OF THE PRIZE BY THE WINNER), OR (II) THE SUBMISSIONS, INCLUDING, WITHOUT LIMITATION THE INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS BY SUBMISSIONS. WINNERS AGREE TO ACCEPT THE PRIZE “AS IS”.
11. Miscellaneous. You acknowledge and agree that no form of cheating will be tolerated. Any persons found cheating, as determined in the sole and absolute discretion of Sponsors, will immediately be disqualified from the Contest. Cheating includes, but is not limited to, tampering, hacking of the Contest Site, participating in the Contest without meeting the eligibility requirements, using any automated software or device to gain an advantage during the Contest, use of the Contest beyond the defined rules of the Contest, attempting to disable or overwhelm any of the Sponsors websites or the Contest Site, attempting to disrupt any portion of the Contest, including but not limited to, allowing somebody else to use your Personal Information, or tampering with entry process. ANY ATTEMPT BY A PERSON TO DELIBERATELY DAMAGE ANY OF THE SPONSORS’ WEBSITES OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS; AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSORS RESERVE THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. Sponsors are not responsible for printing or typographical errors in any Contest related materials; or for Submissions that are lost, misdirected, fail to enter into the processing system, or are processed, reported, or transmitted late or incorrectly or are lost for any reason including electronic, computer, telephone, paper transfer, mail system, human or other error; including inability to access any website associated with this Contest. The Contest is void where prohibited or restricted by law, and is subject to all applicable mandatory federal (national), state and local laws. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of participant and the Sponsors in connection with this Contest, shall be governed by, and construed in accordance with, the laws of the California, USA, without giving effect to the conflict of laws rules thereof, and all proceedings arising out of or in connection with the Contest shall be brought solely in San Mateo County, California.