CONTEST DESCRIPTION: To enter the “HALOGEN BIRTHDAY PICTURE CONTEST” (hereinafter, “Contest”), you (“entrant”) shall submit a birthday-themed photo by emailing the photo (“Birthday Photo”) to contest@halogentv.com. The entrant who submits the Birthday Photo which receives the most votes (based on the number of people who click the Facebook “Like” button on the individual photo entry page) will win a Flip Mino HD camera. Entrant may submit a fun, dramatic, sad, cute, ugly or any kind of birthday-themed photo. Entrant must be the owner of the Birthday Photo, or otherwise have the permission and all associated rights necessary to submit the Birthday Photo for consideration in the Contest. Photos shall be accepted until October 31, 2010, 11:59:59 p.m. ET.
By virtue of submitting the photo, entrant hereby agrees to the following:
• Entrant grants Halogen, a DBA of The Inspirational Network, Inc., a North Carolina nonprofit corporation located at 3000 WorldReach Drive, Indian Land, SC 29707 (hereinafter, “Company”) the non-exclusive, perpetual right and license to use entrant’s name and Birthday Photo in whole or in part, in any manner or media, including without limitation, on Company’s website and social networking platforms;
• Entrant agrees that no payment shall be due to entrant for granting Company the rights to use entrant’s name and Birthday Photo in the manner as provided herein;
• Entrant waives the right to inspect or approve of any use of entrant’s name or Birthday Photo; and
• Entrant acknowledges that Company is not obligated to use entrant’s Birthday Photo.
ELIGIBILITY REQUIREMENTS: To be eligible, all entrants must meet the following requirements: 1) abide fully with these Official Rules, 2) be at least eighteen (18) years of age; and 3) be a resident of one of the 50 United States (excluding residents of Rhode Island) or the District of Columbia. ONLY ENTRANTS LOGGING ONTO THE INTERNET FROM WITHIN THE 50 UNITED STATES AND THE DISTRICT OF COLUMBIA ARE ELIGIBLE TO ENTER THE CONTEST. YOU MAY NOT PARTICIPATE IF YOU ARE NOT A LEGAL U.S. RESIDENT AND PHYSICALLY LOCATED WITHIN THE UNITED STATES AT THE TIME OF ENTRY. The following persons are not eligible to enter the Contest: (a) employees of Company, its affiliates, subsidiaries, officers or directors, (b) immediate family members and persons living in the same household as the persons identified in (a) above, and (c) residents of Rhode Island.
NO PURCHASE OF ANY KIND IS NECESSARY TO ENTER OR WIN THE CONTEST. VOID WHERE PROHIBITED BY LAW.
SELECTION OF FINALISTS AND WINNER: Each Birthday Photo submitted must be approved for posting on by a member of Company’s web marketing team. Photos may be approved or rejected for the Contest at Company’s sole discretion. Only those photos that are approved for posting will be deemed eligible to win the Contest.
The voting period will commence upon October 18, 2010 at 12:00:00 p.m. ET and expire on October 31, 2010 at 11:59p.m. ET (“Voting Period”). Birthday Photo will be posted on Company’s website. Voters must have a Facebook account to vote. The Birthday Photo that receives the most “LIKE” votes during the Voting Period will be deemed the winning Contest Birthday Photo. One (1) first place winner will be chosen. A voter may vote no more than once each day for a Birthday Photo during the Voting Period. If Company determines, in its sole discretion, that an abuse of the one-vote per day rule has occurred, Company may disqualify votes cast by such voters or entrants.
If there is an exact tie in the number of votes cast for two (2) or more Birthday Photos, then Company shall place the names of each tied entrant in a hat and draw the name of the entrant who will be deemed the winner. Although a winner will be determined within one (1) weeks after the expiration of the Voting Period, Company reserves the right to take more or less time to determine the winner as it deems necessary in its sole discretion. The winner shall be notified by e-mail.
PRIZE: The prize shall consist of Flip Mino HD Camera valued around $300 (the “Prize”). Prizes are non-transferable, with no cash redemption or equivalent. All federal, state and local income taxes, insurance, licensing, registration and title fees connected to the Prize are the sole responsibility of the winners. All federal, state and local laws and regulations apply.
CONDITIONS OF PARTICIPATION: Winners must complete, sign and return the required Affidavit of Eligibility and Release (“Affidavit and Release”), a copy of which will be included in the materials provided with e-mail notification of being selected a winner. If the winner does not complete, sign and return such Affidavit and Release within five (5) business days of notification or otherwise does not comply with these Official Rules, that person will be disqualified and the entrant with the second highest number of votes will be deemed the winner. Company or its authorized agent shall deliver the Prize within thirty (30) days from receipt of the signed Affidavit and Release. If for some reason the Prize is unavailable, Company reserves the right to substitute a prize of equal or greater value.
To the extent permitted by law, participation in the Contest constitutes permission to use the winner’s name, biographical data, photograph, testimonial or other likeness and/or prize information or personal exposition for promotional, advertising and/or publicity purposes by Company or its designee(s), without further compensation to or approval by the winner.
REPRESENTATIONS AND WARRANTIES: Entrant represents and warrants (a) he/she has all of the rights and authority necessary to submit the Birthday Photo for entry in the Contest in compliance with these Official Rules, including the right to publish the Birthday Photo, and the right to grant a license to Company to distribute the Birthday Photo has provided above; (b) if a minor(s) is/are depicted in the Birthday Photo, entrant represents that he or she is the parent or legal guardians of said minor(s); (c) the publication of the Birthday Photo will not infringe on the rights of any third party; and (d) the Birthday Photo submitted has not been digitally altered.
SUBMITTED MATERIALS AND INFORMATION: By participating in the Contest, you hereby agree to Company’s collection and usage of entrant’s personal information and acknowledge that you have read and accepted Company’s privacy policy. Except as otherwise provided herein, materials and information submitted in connection with the Contest become the property of the Company.
LIMITATION OF LIABILITY: To the maximum extent permitted by applicable law, entrant shall be liable for, indemnify, defend, and hold harmless the Company, its affiliates and its employees, members, officers, directors, shareholders, agents, representatives, its respective successors, assigns, agencies and licensees (“Released Parties”) for any personal injury, death, loss or damage of any kind or any other causes of action or claims related to entrant’s participation in this Contest or acceptance or use of the prizes awarded including, without limitation, any claims based on publicity rights, defamation, invasion of privacy or third-party claims of infringement.
Released Parties are not responsible for technical, hardware, software, telephone or other communications malfunctions, errors or failures of any kind, lost or unavailable network connections, website, Internet, or ISP availability, unauthorized human intervention, traffic congestion, incomplete or inaccurate capture of entry information (regardless of cause) or failed, incomplete, garbled, jumbled or delayed computer transmissions which may limit one’s ability to enter the Contest, including any injury or damage to your or any other person’s computer relating to or resulting from participating in this Contest or downloading any materials in this Contest. UNDER NO CIRCUMSTANCES WILL ENTRANTS BE PERMITTED TO OBTAIN AWARDS FOR, AND ENTRANTS HEREBY WAIVE ALL RIGHTS TO CLAIM, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES, INCLUDING ATTORNEYS’ FEES, AND ENTRANTS FURTHER WAIVE ALL RIGHTS TO HAVE DAMAGES MULTIPLIED OR INCREASED.
MISCELLANEOUS CONDITIONS: If, for any reason, the Contest is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of the Company, Company reserves the right at its sole discretion to cancel, terminate, modify or suspend the Contest and select winners from among all eligible entries prior to the cancellation. Persons found tampering with or abusing any aspect of this Contest, or whom Company believes to be causing malfunction, error, disruption or damage will be disqualified. Company reserves the right to correct any typographical, printing, computer programming or operator errors.
CHOICE OF LAW: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrants and Company in connection with this Contest, shall be governed by, and construed in accordance with, the substantive laws of the State of North Carolina, without regard to its conflict of law principles.
BY ENTERING, EACH ENTRANT CONFIRMS HAVING READ THESE OFFICIAL RULES AND AGREES THAT S/HE UNDERSTANDS AND WILL COMPLY WITH THEM.
