OFFICIAL RULES
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN, NOR WILL A PURCHASE IMPROVE ONE'S CHANCES OF WINNING
1. SPONSOR: SavvyAuntie.com Inc., 200 West 93rd Street, Suite 6F, New York, NY ("Mail Address"), is solely responsible for all aspects of this contest ("Contest").
2. BRIEF OVERVIEW OF CONTEST: This is a Contest to be conducted during the period commencing at 9:00 A.M. EST January 14, 2010, and ending at 11:59:59 P.M. EST, February 12, 2010 ("Entry Period") as a competition to select three winning entries from among those Contestants submitting entries in the following categories: Grand Prize category: " Cutest Holiday Snapshots " Submissions for this category should consist of the following elements: [1] one (1) photo of a Cutest Holiday Snapshot with one’s niece(s), nephew(s), godchildren or other children not their own – the child must be under the age of 18 at the time the photo was taken, [2] title for the picture [3] picture description of the moment not to exceed [200] characters. For purposes of these Official Rules ("Rules"), "Day" shall mean each of the twenty eight (28) calendar days during the Entry Period, except that the first Day will be the period commencing at 9:00 A.M., and ending at 11:59:59 P.M., January 14, 2010, and the last Day will be the period commencing at 12:01 A.M., and ending at 11:59:59 P.M., February 12, 2010, and all times and Days are Eastern Time. The awarding of each prize is subject to the eligibility and forfeiture provisions set forth below.
3. ELIGIBILITY: To be eligible for this Contest, at the time of entering, the Contestant must be: [1] a natural person legally residing in, and physically located within, the 50 United States or the District of Columbia (collectively, "Territory"); [2] 18 years of age or older; [3] a registered user of the Website in compliance with the Website's terms of use agreement ("TOU"); [4] not an employee, consultant, independent contractor or intern who has, within the past six months, performed services for Sponsor or any organizations responsible for sponsoring, fulfilling, administering, advertising or promoting the Contest or supplying the prizes, or their respective parent, subsidiary, affiliated or successor companies (collectively, "Entities"), nor a member of their household or immediate family and [5] willing to have his/her Submission featured and published on the Website or otherwise distributed, in connection with, or to promote, the Contest and/or the Website. "Household members" shall mean people who share the same residence at least three months a year. "Immediate family members" shall mean parents, step-parents, children, step-children, siblings, step-siblings, or spouses.
4. ENTRY: During the Entry Period, you may enter the Contest by registering as a member of http://savvyauntie.com ("Website"), clicking the link to the Cutest Holiday Snapshots Contest, agreeing to the TOU, following the entry instructions to submit your Submission and clicking on the "submit" button ("Entry"). When registering on the Website only valid email addresses will be accepted, as determined solely by the Sponsor. At the sole discretion of the Sponsor, a Contestant will be disqualified if he/she creates invalid email addresses with intent to affect the integrity of the voting process. Normal Internet access and usage charges imposed by your online service will apply. It is your sole responsibility to notify the Sponsor in writing if you change your email address ("Address"). To do so, go to Website, log in, click on the "My Profile" button and follow the instructions on how to change your Address.
5. CONTEST MATERIALS: "Contest Materials" include, to the extent applicable: [1] any information and material, including the Submission submitted by you in connection with the Contest; [2] the Entry form and any other forms, contracts or releases required to be submitted by you for the Contest, whether required by Sponsor prior to or after selection; [3] your name, voice, likeness, image and biographical data and [4] all photographs, artwork writings, statements, dramatic materials, ideas, quotations and any other intellectual properties created by you in connection with the Contest, whether submitted to the Sponsor or not, including the Submission. All material owned by the Sponsor or the Sponsor's affiliated companies, including but not limited to any picture logo, title art, etc., shall remain their property and Contestants shall acquire no rights therein by virtue of the Contest.
Except as specifically provided for herein, by entering the Contest, you agree that all recordings, copyrights, trademarks, ideas, concepts, acts, poses and performances, including, without limitation, all material composed, added, created, or interpolated by you, from the inception of creation and irrespective of stage of development or completion, that are submitted separately or embodied: [1] in the Contest Materials; [2] in the Submission submitted by you and [3] otherwise in connection with this Contest (collectively, "Work"), are commissioned hereunder on a "work for hire" basis. In the event the Work is found not to be a work-made-for-hire, you hereby assign, transfer and grant to the Sponsor all rights, including all exclusive exploitation rights, of every kind and nature (including any and all copyrights and neighboring rights, to the extent such assignment is allowed by law) in and to such Work. All rights to such Work are owned by Sponsor solely and exclusively, for the duration of the rights in each country and area and space, in all languages, and throughout the universe, including, without limitation, the right to use, re-use, reproduce, distribute, re-distribute, display, exhibit, transmit, print, publish, broadcast, host, store, cache, download, stream, comment on, edit, alter, modify, adapt, translate, and create derivative works based upon, synchronize with visual material, make sound or video recordings, audiovisual recordings, otherwise use, and permit others to use and perform or otherwise exploit the Work throughout the universe, in all media now known or hereafter discovered, including without limitation, in connection with, and to promote, market or advertise, the Website and the Contest, in whole or in part, in edited, unedited or distorted form, without review, approval, credit or attribution, notification or payment from or to you or any person or entity, including without limitation any third party company or other company entitled to your exclusive performing services or any other rights with respect to your performing services, or any union or guild. You also agree to execute any and all documents required to effect the transfer of such rights to Sponsor.
You and Sponsor are aware and hereby acknowledge that new rights to the Work may come into being and/or be recognized in the future, under the law and/or in equity (hereafter the "New Exploitation Rights"), and You intend to and do hereby grant and convey to Sponsor any and all such New Exploitation Rights to the Work granted by you hereunder. You and Sponsor are also aware and do hereby acknowledge that new (or changed) (1) technology, (2) uses, (3) media, (4) formats, (5) modes of transmission and (6) methods of distribution, dissemination, exhibition or performance (hereafter the "New Exploitation Methods") are being and will inevitably continue to be developed in the future, which would offer new opportunities for exploiting the Work. You intend to and do hereby grant and convey to Sponsor any and all rights to such New Exploitation Methods with respect to the Work. You hereby agree to execute any document Sponsor deems in its interest to confirm the existence of the preceding and to effectuate its purpose to convey such rights to Sponsor, including without limitation the New Exploitation Rights and any and all rights to the New Exploitation Methods. You further hereby agree that you will not seek (1) to challenge, through the courts, administrative governmental bodies, private organizations, or in any other manner the rights of Sponsor to exploit the Work by any means whatsoever or (2) to thwart, hinder or subvert the intent of the grants and conveyances to Sponsor herein and/or the collection by Sponsor of any proceeds relating to the rights conveyed hereunder.
6. LIMITATIONS: By submitting the Contest Materials to enter the Contest, you represent and warrant to Sponsor that the Contest Materials and everything depicted therein: [1] were taken during the 2009 December holiday season or January 1, 2010 New Year’s Day. [2] do not originate from a magazine, newspaper or other commercial or proprietary source; [3] do not infringe upon or otherwise violate any right of any person, firm or entity; [4] comply with the TOU and the Rules; [5] do not contain any trademarks, logos, insignia, location signage, photographs, artwork or sculptures or other material (e.g., on props, costumes, background) that would infringe any third party's copyrights or trademarks; [6] have not previously been submitted in a contest of any kind or exhibited or displayed publicly through any means and [7] do not contain material which is (or promotes activities which are) sexually explicit, obscene, pornographic, violent (e.g., relating to murder, the sales of weapons, cruelty, abuse, etc.), discriminatory (based on race, sex, religion, national origin, physical disability, sexual orientation or age), illegal (e.g. underage drinking, substance abuse, computer hacking, etc.), offensive, threatening, profane, harassing, defamatory, libelous, infringing or otherwise objectionable as determined by Sponsor in its sole discretion. You further represent and warrant to Sponsor that: [1] you have all rights, licenses, permissions and consents necessary to submit the Contest Materials in the Contest in accordance with the Rules; [2] no person other than you, nor any entity, has any right, title or interest in and to any part of the Contest Materials and [3] you are not subject to any agreement or arrangement that would interfere with your entering this Contest and granting all the rights granted hereunder or that would conflict with any other documentation required hereunder. Sponsor may, in its sole discretion, remove any Submission that Sponsor has posted on the Website at any time. All Entries must be received during the Entry Period. Contestants may submit other Entries in the same or other Categories provided that each Entry embodies a different Submission. In event of a dispute regarding the identity of the person submitting an Entry, the Entry will be deemed to be submitted by the person in whose name the Address is registered. Entries by any method other than set forth above in Section 4 are void. Any use of automated or programmed methods of effecting Entry is prohibited. Neither the Entities, nor any of their officers, directors, shareholders, employees, agents or representatives (individually and collectively, "Releasees") are responsible for Entries from persons residing, or physically located, outside the Territory; Entries that are altered, delayed, deleted, destroyed, forged, fraudulent, improperly accessed, inaccurate, incomplete, interrupted, irregular in any way, late, lost, mechanically reproduced, misrouted, multiple, non-delivered, stolen, tampered with, unauthorized, unintelligible or otherwise not in compliance with these Rules; or any printing, production, technical, electronic or other errors; or for lost, interrupted or unavailable network, server or other connections; miscommunications; failed phone, computer hardware or software or telephone transmissions; technical failures; unauthorized human intervention; traffic congestion; garbled or jumbled transmissions; undeliverable emails resulting from any form of active or passive email filtering; insufficient space in entrant's email account to receive email; or other errors of any kind, whether due to electronic, mechanical or human error or other causes; even if caused by the negligence of any of the Releasees. Each of such potential Entries will be disqualified. The Sponsor is not obligated to communicate with any Contestant during the duration of the Contest. Void where prohibited or restricted by law and subject to all applicable federal, state, local and municipal laws and regulations. Please review these Rules and the TOU carefully; however, in the event of a conflict between the Rules and the TOU, the Rules will control.
7. PRIZES: ONE (1) GRAND PRIZE for (1) Sony - Alpha 10.2-Megapixel Digital SLR Camera + SnapHaven Jumpstarter (total approximate retail value $575.00). ONE (1) FIRST PRIZE Sony W290 12.1 Megapixel Cybershot Point & Shoot Camera + Jumpstarter (total approximate retail value $275.00). ONE (1) SECOND PRIZE Snaphaven Jumpstarter (retail value $24.99)
Total Approximate retail value of all prizes: $775.00 Limit one prize per person/Address. Prizes will be delivered to winners within sixty (60) days after selection of winners. Prizes are not redeemable for cash or transferable, except to a surviving spouse residing in the same household. No substitution allowed except, at Sponsor's sole discretion, a prize of equal or greater value may be substituted. All prizes will be awarded provided a sufficient number of eligible Entries are received and prizes validly claimed by March 1, 2010, after which no alternate winners will be selected, nor unclaimed prizes awarded.
8. PROCEDURES: During the Entry Period, the Website's registered visitors will be invited to vote on all eligible Entries received. Limit one vote per valid email address per Day for each Entry. If the Sponsor suspects invalid voting, including but not limited to, the use of script, macro or other automated or programmed methods of voting, or the setting up of invalid email addresses in order to create dummy usernames, with the intent to affect the integrity of the voting process, the perpetrators and beneficiaries will each be eliminated from the Contest, at Sponsor's sole discretion.
9. WINNERS: The GRAND PRIZE, FIRST PRIZE and SECOND PRIZE winners are those with the most votes, second most votes and third most votes, respectively, during the ENTRY period. Potential winners will be notified by email on or about February 15, 2010, and will be posted on the Website on or about February 19, 2010. At the sole discretion of the Sponsor, disqualification, forfeiture and the selection of an alternate winner may result from any of the following: [1] potential winner's failure to respond to notification within seven (7) days after its mailing/transmission; [2] the return of an email notification as undeliverable after three (3) attempts; [3] the return of any other notice or a prize as undeliverable; [4] potential winner's failure to provide Sponsor with satisfactory proof that he/she is the authorized account holder of the Address associated with the winning Entry; [5] potential winner's failure to execute and return an Affidavit of Eligibility/Liability/Publicity Release within fourteen (14) days after it is requested; [6] potential winner's failure to claim a prize within ten (10) days after it is sent; [7] potential winner's failure to validly claim any prize by February 19, 2010 and [8] any other non-compliance with Rules. All taxes are solely the responsibility of each winner, who will receive an IRS Form 1099 reflecting the final actual value of his/her prize. For list of winners (after February 19, and before April 19, 2010) and/or Rules, send a self-addressed, stamped envelope to: SavvyAuntie.com Cutest Holiday Snapshots Contest, to the Mail Address, designating either winners or Rules.
10. PRIVACY POLICY/DATA COLLECTION: Information provided by you for this Contest is subject to Sponsor's privacy policy located at http://www.savvyauntie.com/About.aspx?GroupId=78&Name=Privacy%20and%20Security
11. CONDITIONS: Each Contestant by entering the Contest agrees, represents and warrants that: [1] he/she will be bound by the Rules, TOU and the Sponsor's decisions, which shall be final in all respects; [2] the Entry becomes solely the Sponsor's property and will not be acknowledged or returned; [3] he/she releases and holds harmless the Releasees from any claims, injuries, losses or damages of any kind, including without limitation, death and bodily injury, resulting, in whole or in part, directly or indirectly, from the Entry, selection or use of a Submission, or from the awarding, delivery, acceptance, use, misuse, possession, loss or misdirection of any prize; participation in any Contest-related activity or travel or from any interaction with, or downloading of, computer Contest information; [4] the prizes are awarded "AS IS" and WITHOUT WARRANTY OF ANY KIND, express or implied, (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose); [5] in the event viruses, bugs, unauthorized human intervention, Acts of God, acts or regulations of any governmental or supra-national authority, war, national emergency, accident, fire, riot, strikes, lock-outs, industrial disputes, acts of terrorism or other matters beyond the Sponsor's reasonable control, corrupt, prevent or impair the administration, security, fairness or proper play of the Contest, so that it cannot be conducted as originally planned, the Sponsor, in its sole discretion, has the right to amend the Rules or cancel, modify, suspend or terminate the Contest; and in such event, to select winners by such method as Sponsor in its sole discretion shall consider equitable; [6] the Releasees are not responsible for typographical or other errors in the offer or administration of the Contest, including but not limited to: errors in the advertising, Rules, selection and announcement of the winners and distribution of the prizes; [7] any portion of any prize not accepted or used by any winner will be forfeited; [8] the Releasees are not responsible for any inability of any winner to accept or use any prize (or any portion thereof) for any reason; [9] the Sponsor has the right, at any time and at its sole discretion, to disqualify any individual it suspects: to be tampering with the Entry process or the operation of the Sweepstakes or the Website; to be acting in violation of the Rules or the terms of service, privacy policy or other terms, conditions or guidelines; to be acting in bad faith or in a disruptive manner, or with the intent to annoy, abuse, threaten or harass any other person or for any other good cause as determined solely by the Sponsor and [10] any attempt by any individual to deliberately damage any Internet site or undermine the legitimate operation of the Sweepstakes is a violation of these Rules as well as criminal and civil laws; and should Sponsor believe or become aware that such an attempt has been, is being, or will be made, it has the right to seek remedies and damages from any responsible individuals to the fullest extent permitted by law, including without limitation criminal prosecution.