Contest Rules: The SMITHTeens and Figment Valentine’s Day Contest
The SMITHTeens and Figment Valentine’s Day Contest Official Rules
NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
The SMITHTeens and Figment Valentine’s Day Contest (the “Promotion”) is open only to legal residents of the fifty (50) United States (including District of Columbia) or Canada (excluding Quebec) who are between thirteen (13) years old and nineteen (19) years old at the time of entry. Void in Quebec and where prohibited by law. Employees of Figment, LLC, Smith Magazine, or any of their respective affiliates, subsidiaries, advertising agencies, or any other company or individual involved with the design, production execution or distribution of the Promotion and their immediate family (spouse, parents and step-parents, siblings and step-siblings, and children and step-children) and household members (people who share the same residence at least three (3) months out of the year) of each such employee are not eligible. The Promotion is subject to all applicable federal, state and local laws and regulations. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsors’ decisions, which are final and binding in all matters related to the Promotion. Winning a prize is contingent upon fulfilling all requirements set forth herein.
Figment, LLC, 118 East 64th Street, New York, NY 10065
SMITH Magazine, 17th St., 7th Floor, NY, NY 10011
3. Entry Period
The Promotion begins on January 28, 2013 at 12:00 a.m. Eastern Time (“ET”) and ends on February 4, 2013 at 11:59 p.m. ET (the “Promotion Entry Period”). Sponsors’ computers are the official time keeping devices for this Promotion.
4. How to Enter
During the Promotion Entry Period visit both www.figment.com and www.smithteens.com/login.php and become a registered user of both websites. Becoming a registered user is free for Figment and SMITH Teens. After you become a registered user of both sites you are able to enter the Promotion.
To enter the Promotion you must visit www.smithteens.com and submit one (1) original story that of exactly 6 words that takes the form of a breakup letter or a love letter (the “First Submission”). You will write your Six-Word submission on SMITH Teens (smithteens.com) in the comment area of the contest challenge and click on “submit your comment.”
You must also visit www.figment.com and submit one (1) original story of 500 words or less about a relationship starting or a relationship ending (the “Second Submission”). You will write the Second Submission on Figment.com and click on “Publish Now”. On the “Details” page, put SmithMagazine in “Tags”.
Limit of one (1) First Submission and one (1) Second Submission per person during the Promotion Entry Period.
You retain all right, title, and interest in and to your Submission, including the copyright, provided, however, that by participating in the Promotion, you hereby grant Sponsors the non-exclusive, royalty-free right and license to publish your Submission, in whole or in part, and your name, image, likeness, and biographical information for publicity, advertising, and promotional purposes, without limitation, and without consideration whether or not such Submission is selected as a winning Submission. You additionally grant sponsors the right, but not the obligation to, edit, amend, or cut your submission for publication, the time and format determined solely by the sponsors.
The creation of multiple accounts to heart or otherwise vote for your Submission on Figment is prohibited, and may result in the disqualification of that entry, the deletion of your Figment account, and/or the blocking of your IP address permanently from the site, at the moderator’s discretion.
You are responsible for reading and following the Terms of Service on both Figment.com (located at http://figment.com/legal) and SmithTeens.com (http://www.smithteens.com/info.php?page=terms).
5. Submission Requirements
• First Submission must be exactly six words.
• Second Submission must be no more than 500 words.
• Submissions must be original works created solely by you, have not been previously published, and do not infringe upon any third-party copyrights or other intellectual property rights.
• Submissions must be suitable for publication (i.e., may not be sexually explicit, obscene or indecent).
• Submissions must not contain defamatory statements.
• Submissions must not promote racism, bigotry, hatred or physical harm or harassment of any kind against any group or individual.
• Submissions must not contain any telephone numbers, street addresses or email addresses of any individual.
• Submissions must not invade privacy, publicity or other rights of any person, firm or entity.
All Submissions will be reviewed for content eligibility and compliance with these Official Rules before being judged. Submissions containing prohibited material or inappropriate content, as determined by the Sponsor, in its sole discretion, may be disqualified. Sponsor makes the final determination as to what Entries are eligible to take part in this Promotion.
6. Winner Selection
Judging will be conducted by a panel of Smith Magazine and Figment editors. The Submissions will be judged by the following three (3) criteria: (a) quality (33.33%), (b) creativity (33.33%), and (c) relevance to the two prompts (33.33%). One (1) individual whose entry earns the highest overall score will win the Grand Prize. In the event of a tie, winner will be selected based on the criteria described in (a), then (b) and finally (c). Judges will be fair and impartial. Decisions of the judging panel will be final. Odds of winning depend on number of eligible Entries received and quality of the Submissions. Judging will be completed on or about February 14, 2013.
7. POTENTIAL PROMOTION WINNER IS SUBJECT TO VERIFICATION BY SPONSOR WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE PROMOTION.
8. Verification of Potential Winner
Potential winner must continue to comply with all terms and conditions of these Official Rules, and winning is contingent upon fulfilling all requirements. The potential winner will be notified by email, telephone, or registered mail after the date of the judging. The potential winner may be required to sign and return to Sponsor, within seventy-two (72) hours of the date notice is sent, an affidavit of eligibility, and liability/publicity release (except where prohibited) in order to claim his/her prize if applicable. If a potential winner of any prize cannot be contacted, fails to sign and return the affidavit of eligibility and liability/publicity release within the required time period (if applicable), or if the prize or prize notification is returned as undeliverable, potential winner forfeits prize. In the event that a potential winner of a prize is disqualified for any reason, Sponsor may award the applicable prize to an alternate winner who had the highest score remaining of the eligible Submissions.
9. Grand Prize
One (1) Grand prize will be awarded. Grand prize winner will receive an opportunity to read his or her Submissions at “SMITH Mag’s Annual Love & Heartbreak Story Show — with Figment,” presented at 92Y Tribeca (200 Hudson Street, New York NY 10023) on February 14, 2013 at 7 p.m.. Sponsors are not responsible for travel to and from the event. If winner cannot attend in person, winner will be offered an opportunity to submit a self-recorded video (6 minutes or fewer) of him- or herself reading the winning Submissions. This video will be played publicly at the event. If a video cannot be recorded, or should any technical difficulties arise, a representative of the Sponsors may read the Submissions at the event.
If the event is cancelled for any reason, Sponsors are not responsible for rescheduling or for remuneration of expenses winner incurred in attending.
Approximate Retail Value of the Grand Prize is: $0. No cash equivalent for the prize. Prize is non-transferable and no substitution will be made except as provided herein at the Sponsor’s sole discretion. Sponsors reserve the right to substitute the listed prize for one of equal or greater value for any reason. Winner is responsible for all taxes and fees associated with prize receipt and/or use. Transportation to the event will not be provided. Lodging in New York will not be provided. Winner must be accompanied by a parent or guardian if under 18.
10. Entry Conditions and Release
By entering, each participant agrees to: (a) comply with and be bound by these Official Rules and the decisions of the Sponsors, and/or the Promotion judges which are binding and final in all matters relating to this Promotion; (b) release and hold harmless the Sponsors and their respective parent, subsidiary, and affiliated companies, the prize suppliers and any other organizations responsible for sponsoring, fulfilling, administering, advertising or promoting the Promotion, and all of their respective past and present officers, directors, employees, agents and representatives (collectively, the “Released Parties”) from and against any and all claims, expenses, and liability, including but not limited to negligence and damages of any kind to persons and property, including but not limited to invasion of privacy (under appropriation, intrusion, public disclosure of private facts, false light in the public eye or other legal theory), defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright or other intellectual property rights, property damage, or death or personal injury arising out of or relating to a participant’s entry, creation of an entry or submission of an entry, participation in the Promotion, acceptance or use or misuse of prize (including any travel or activity related thereto) and/or the broadcast, exploitation or use of entry; and (c) indemnify, defend and hold harmless the Sponsor from and against any and all claims, expenses, and liabilities (including reasonable attorneys fees) arising out of or relating to an entrant’s participation in the Promotion, the Submissions and/or entrant’s acceptance, use or misuse of prize.
Except where prohibited, participation in the Promotion constitutes winners consent to Sponsors’ and its agents’ use of winner’s name, likeness, photograph, voice, opinions and/or hometown and state for promotional purposes in any media, worldwide, without further payment or consideration.
12. General Conditions
Sponsors reserve the right to cancel, suspend and/or modify the Promotion, or any part of it, if any fraud, technical failures or any other factor beyond Sponsors’ reasonable control impairs the integrity or proper functioning of the Promotion, as determined by Sponsor in its sole discretion. Sponsors reserve the right in their sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Promotion or to be acting in violation of these Official Rules or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Promotion may be a violation of criminal and civil law, 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’ failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
13. Limitations of Liability
The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Promotion; (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 entry process or the Promotion; (4) technical or human error which may occur in the administration of the Promotion or the processing of entries; or (5) 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 Promotion or receipt or use or misuse of any prize. If for any reason an entrant’s Submissions are confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another Submission in the Promotion. No more than the stated number of prizes will be awarded.
Entrant agrees that: (i) any and all disputes, claims and causes of action arising out of or connected with this Promotion, or any prizes awarded, other than those concerning the administration of the Promotion or the determination of winners, shall be resolved individually, without resort to any form of class action; (ii) any and all disputes, claims and causes of action arising out of or connected with this Promotion, or any prizes awarded, shall be resolved exclusively by the United States District Court or the appropriate New York State Court located in New York County, New York; (iii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Promotion, but in no event attorneys’ fees; and (iv) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. 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 Promotion, shall be governed by, and construed in accordance with, the laws of the State of New York, without giving effect to any choice of law or conflict of law rules (whether of the State of New York or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York.
15. Entrant’s Personal Information
16. Promotion Results
For Promotion results email you request to email@example.com. Requests for the winner list must be received by with 60 days of the end of the Promotion Entry Period. DO NOT SEND ANY OTHER CORRESPONDENCE OR SUBMISSIONS TO THE EMAIL ADDRESS.