Catalogs.com 2011 Trim Your Screen Photo Contest
NO PURCHASE NECESSARY.
• Eligibility: Catalogs.com 2011 Trim Your Screen Photo Contest (the “Contest”) is open only to legal residents of the fifty (50) United States and the District of Columbia who are eighteen (18) years of age or older. Employees of Catalogs.com and its respective parents, subsidiaries, affiliates, boards of directors, and agents and any agencies or other companies involved in the development or execution of the Contest or production or distribution of Contest materials, as well as the immediate family (spouse, parents, siblings, and children) and household members of each such employee or member are not eligible. The Contest is subject to all applicable federal, state, and local laws and regulations and is void where prohibited by law.
• Sponsor: Catalogs.com, 2800 Glades Parkway, Suite 135, Ft. Lauderdale, Florida 33326 (“Sponsor.”)
• Agreement to Official Rules: By participating in the Contest, contestant warrants that he/she fully and unconditionally agrees to and accepts these Official Rules and the decisions of the Sponsor and/or Administrator, which are final and binding in all matters related to the Contest.
• Timing: The Contest begins on December 1, 2011 and ends at 12:00 noon ET, December 31, 2011 (the “Contest Period”). Sponsor’s web server computer is the official time-keeping device for the Contest.
During the Contest Period, there is one (1) method to enter the Contest by submitting a qualifying photograph, name and valid e-mail address at the Catalogs.com 2011 Trim Your Screen Photo Contest as outlined below.
• To enter visit www.facebook.com/shopcatalogs or www.catalogs.com and follow the links and instructions to upload a qualifying photograph and complete the online entry form, including:
• Acceptance of rules
For All Entrants: By entering your Submission into this Contest, you agree that your Submission conforms to the Submission 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 Eligibility requirements, as outlined above.
Limit: You may enter only once during the Contest Period. Entries 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. A contest entry constitutes entrant’s consent to give Sponsor a royalty-free, irrevocable, perpetual, non-exclusive license to use, reproduce, modify, and publish their identity on a worldwide basis, and to incorporate it into other promotional materials, in any form, media or technology now known or later developed, including for promotional or marketing purposes.
In the event of a dispute as to the authorized account holder, at time of entry, of the email address used to register for the Contest 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. The entrant may be required to show proof of being the authorized account holder.
• Qualifying photograph: Photograph must be of a desktop computer, laptop computer, tablet, iPad, smartphone or other mobile browsing device displaying any page from the Catalogs.com website and decorated for the winter holidays. Photographs that are deemed offensive, obscene, or otherwise not conforming to generally accepted standards of decency will be deemed ineligible by Catalogs.com and will be deleted from the contest.
• Judging: At the conclusion of the Promotion Period, the six photographs with the most votes will be deemed the winning entries. In the event of a tie, judges determined at Catalogs.com’s absolute and sole discretion will select the prize winners.
• Winner Verification:The entrants who submitted the winning entries will be notified by email on or before December 31, 2011. The winning entrants may be required to sign and return to Sponsor, within ten (10) days of the date notice or attempted notice is sent, an Affidavit of Eligibility, Liability and Publicity Release and any additional documentation or paperwork required by Sponsor or Administrator in order to claim the applicable prize. If such party cannot be contacted, or fails to sign and return required paperwork (if any) within the required time period, the potential winner forfeits the award. Each Affidavit will include a provision that winner understands and acknowledges that Catalogs.com may use his/her Personal Attributes (as referenced in Paragraph 9 of these Official Rules) in any media (including, without limitation, television, print, and radio advertising and marketing, internet, industrial use (e.g., in stadiums, in stores), and in any other commercial distribution) without compensation to the winner, his or her successors or assigns, or any other entity. If requested, winner agrees to conduct any and all media interviews (including but not limited to radio and television) related to the Contest and not to disparage the Sponsor during such interviews.
• Prizes: SIX (6) PRIZES: A $500 shopping spree at any store or combination of stores on Catalogs.com will be awarded to the entrant whose photo receives the most votes by popularity vote ending at noon on December 31, 2011. Five prizes of $100 gift cards to any store on Catalogs.com will be awarded to the five entrants whose photos receive the between the 2nd and sixth most votes by popularity vote ending at noon on December 31, 2011.
• For All Prizes: Each prize is non-transferable and no substitution will be made except as provided herein at the Sponsor’s sole discretion. Sponsor reserves the right to substitute a prize for one of equal or greater value if the designated prize should become unavailable for any reason. Each winner is responsible for all taxes and fees associated with prize receipt and/or use, including but not limited to the payment of any additional income taxes imposed on the recipient of any award. If a winner is not of legal age of majority in his or her state of residence (a “minor”), at Sponsor’s option, the applicable prize either will be awarded in the name of parent or legal guardian of winner, or parent or legal guardian of winner will be required to ratify and sign Prize Claim Documents. If a winner (or, in the case of a minor, such minor winner’s parent or legal guardian) fails or refuses to sign and return all Prize Claim Documents within ten (10) days of prize notification, the winner may be disqualified and an alternate winner may be selected.
• Publicity: Except where prohibited, participation in the Contest constitutes each entrant’s consent to Catalogs.com’s use of his/her name, likeness, photograph, voice, opinions, biographical information, hometown and state (“Personal Attributes”) for promotional purposes in any media without further payment or consideration.
• General Conditions: Sponsor reserves the right to cancel or modify the Contest if fraud, technical failures or any other factor beyond Sponsor’s reasonable control impairs the integrity of the Contest, as determined by Sponsor in it sole discretion. In such event, Sponsor reserves the right to award the prizes at random from among the eligible entries received up to the time of the impairment. Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Contest or to be acting in violation of these Official Rules or any other promotion, or in an unsportsmanlike, improper or disruptive manner. Any attempt by any person to deliberately damage any website or undermine the legitimate operation of the Contest is a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages 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.
• Release: By entering this Contest, contestant agrees to release and hold harmless the Sponsor and its respective parents, subsidiaries, affiliates, agents and agencies, and each of its and their respective officers, directors, employees, and agents (collectively the “Released Parties”) from and against any losses, damages, rights, claims or causes of action of any kind arising, in whole or in part, directly or indirectly, out of contestant’s participation in the Contest or resulting directly or indirectly, from the acceptance, possession, use, or misuse of the prize awarded in connection with the Contest, including without limitation personal injury, death, and/or property damage, as well as claims based on defamation and infringement of any other person’s or entity’s rights, including, without limitation, contractual rights, rights of publicity and privacy, trademark, copyright, and patent rights.
• Limitations of Liability: The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by contestants, printing 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 entry process or the Contest; (4) technical or human error which may occur in the administration of the Contest or the processing of entries; (5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from contestant’s participation in the Contest or receipt or use of any prize or while traveling to or from any prize-related activity; or (6) liability in connection with the Contest. If for any reason a contestant’s entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, contestant’s sole remedy is another entry in the Contest during the Contest Period.
• Disputes: Contestant agrees that: (i) any and all disputes, claims and causes of action arising out of or connected with this Contest, or any prize elements awarded shall be resolved individually, without resort to any form of class action, and exclusively by state court located in Broward County, Florida; (ii) any and all claims, judgments and awards shall be limited to the lesser of the prevailing party’s actual out-of-pocket costs incurred, including costs associated with entering this Contest (but in no event attorneys’ fees) or five hundred dollars ($500); and (iii) under no circumstances will contestant be permitted to obtain awards for and contestant hereby waives all rights to claim indirect, punitive, incidental, exemplary 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 contestant and Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of Florida, without giving effect to any choice of law or conflict of law rules (whether of the State of Florida or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Florida.
• Winner List Requests: Winner List requests will only be accepted after the promotion end date (listed above) and no later than January 31, 2011. For the Winner List, send an email with subject line: “2011 Trim Your Screen Photo Contest, Winner List Request,” to WinListRequests@catalogs.com.