COMPLETE OFFICIAL RULES
FREEPEOPLE BEST/WORST DATE EVER CONTEST
NO PURCHASE OR PAYMENT IS NECESSARY
A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING
OPEN TO LEGAL RESIDENTS OF 50 UNITED STATES AND DISTRICT OF COLUMBIA WHO ARE 18 YEARS AND OLDER AS OF DATE OF ENTRY
NOTE: BE SURE TO CAREFULLY READ THESE OFFICIAL RULES BEFORE ENTERING AS YOU WILL BE BOUND BY THEM
1. HOW AND WHEN TO ENTER: Freepeople "Best/Worst Date Ever Contest" ("Contest") starts on 1/20/09 at 12:01 AM, ET and ends on 2/04/09 11:59:59 PM, ET ("Contest Entry Period). There are three (3) ways to enter the Contest: (A) Online Entry with Link: Send us an email at freepeoplecontest@gmail.com that states your name, complete street address, phone number, valid email address, date of birth, the category of date ("Best Date" or "Worst Date"), and the correct link to the Best/Worst Date Ever video you have created, have posted on either www.youtube.com or www.vimeo.com and are submitting as your entry into the Contest ("Contest Submission"); (B) Online Entry with Attachment: Send us an email at freepeoplecontest@gmail.com that contains the same information as requested in (A) above; however, instead of providing the link to your Contest Submission, include your Contest Submission as an attachment to your email. Your Contest Submission must be in either ".mov" or "avi" format and must not be larger than 10MB; or (C) Mail-in Entry: Snail mail us your Contest Submission in a properly stamped envelope to Pruitt Shutt, 5000 S. Broad Street, Bldg, #15, Philadelphia PA 19112. Your Contest Submission must be in a DVD format that will play in a standard DVD player, be in a standard plastic case and the DVD must contain a label that legibly states the same personal information as requested in (A) above and the category of date. NOTE: Online Contest Submissions, whether submitted via an Online Entry with Link or via Online Entry with Attachment must be received no later than 2/04/09 at 11:59:59 PM, ET . Mail-in Contest Submissions must be postmarked no later than 2/04/09 and received no later than 2/11/09. Limit: One (1) Contest Submission per person regardless of method of entry. Contest Submissions become property of Freepeople.com LLC ("Sponsor") and will not be returned. IMPORTANT: REGARDLESS OF WHETHER YOU ARE ENTERING VIA ONLINE ENTRY OR MAIL-IN ENTRY, YOUR CONTEST SUBMISSION MUST COMPLY WITH ALL OF THE REQUIREMENTS CONTAINED IN THE OFFICIAL RULES STATED HEREIN.
2. ELIGIBILITY: Contest is open to legal residents of the 50 United States and District of Columbia, 18 years and older as of date of entry except that persons who are officers, directors, or employees (and members of household or their immediate family, i.e. spouse, parent, child, or sibling and members of each of their households) of Sponsor, its parent, related, affiliated and subsidiary companies, its advertising, promotion and web design agencies, all other entities involved in the creation, administration, or fulfillment of the Contest ("Sponsor & Others") are not eligible to enter or win. Any individual who submits a Contest Submission (a "Submitter") who is 18 years and older as of the time of entry but is a minor in his/her state of residence ("Minor Submitter") must have his/her parent/legal guardian agree that he/she will make, on behalf of the Minor Submitter, all of the representations and warranties that are required herein and said parent/legal guardian must also agree to sign all documents required of a Minor Submitter on the Minor Submitter's behalf.
3. CONTEST SUBMISSION REQUIREMENTS: Your Contest Submission must be entirely in English, must not exceed three (3) minutes in length, must not contain any music, and must be created solely by you for this Contest, and no other individuals may appear in the Contest Submission. If submitted as an attachment to an email, it also conform to the requirements stated in Rule 1(B) above; if submitted in DVD format, it must also conform to the requirement stated in Rule 1(C) above. Regardless of how you submit your Contest Submission, it should state the reasons and explain why you believe your date was either the best or worst date you ever experienced. Your Contest Submission must not mention, contain, refer, picture, show or otherwise allude to the name (or nickname) of your date or any other person or the logo of any company, business, brand, product, entity, or character. Your Contest Submission not contain any obscene, lewd, violent, offensive or otherwise inappropriate words, abbreviations, language, signs, symbols, political, personal, ethnic, racial and/or religious statements or references, or in any way reflect negatively upon Sponsor or any of its related or affiliated companies as it so determine in its sole discretion. As further described in these Official Rules, your Contest Submission must not infringe or in any way violate any third party's privacy or intellectual property rights, and it must be one in which you agree to transfer and assign all rights and title to Sponsor. If your Contest Submission has been posted to the www.youtube.com or www.vimeo.com website, it must comply with all of the terms, conditions and policies of the respective website. Your Contest Submission's failure to comply with any of the above requirements may, in Sponsor's sole discretion, result in its and your disqualification from this Contest.
4. JUDGING CRITERIA & SELECTION OF WINNER: A panel of qualified judges consisting of Sponsor's representatives ("Contest Judges") will review all of the eligible Contest Submissions received during the Contest Entry Period and evaluate and rate each of them according to the following four (4) criteria: (i) Relevance - 40%; (ii) Creativity – 40%; (iii) Production Quality– 10%; and, Humor – 10%. The Submitter whose Contest Submission received the highest score will be deemed the potential Contest Winner, subject to verification of compliance with these Official Rules. In the event of a tied score, the Contest Submission receiving the highest score for "Criteria (i) –"Relevance" will be deemed the winner of the tie. In the event the tie still remains unbroken, a Contest Judge who has not previously evaluated and rated the Contest Submissions will break the tie by evaluating the tied Contest Submissions based on Criteria (i) – Relevance. The potential Contest Winner will be notified by e-mail, phone and/or snail mail on or about 2/14/09 and Sponsor retains the right, in its sole discretion, to feature the selected Contest Submission on its blog site, http://blog.freepeople.com, should it so decide. The potential Contest Winner may be required to sign and return an Affidavit of Eligibility/Compliance & Liability/Publicity Release, as allowed by law, and such other documents as may be requested by Sponsor; such releases, affidavits and other documents from any third party, as Sponsor, in its sole discretion, deems necessary, within the time period stated in the notification or the potential Contest Winner may be disqualified and the Submitter of the next highest scoring Contest Submission may be deemed the potential Contest Winner, subject to verification of compliance with these Rules. All Contest Submitters agree that Sponsor has the sole right to decide all matters and disputes arising from this Contest and that its decisions shall be final and binding in all matters pertaining to this Contest.
5. PRIZES & ODDS OF WINNING: Contest Prize (1): The Contest Prize shall consist of a Freepeople Valentine Gift Box consisting of articles selected by the Freepeople staff (Approximate Retail Value: $100). All costs and expenses not specifically included herein, including any federal, state or local taxes, are solely the Contest Winner's responsibility. Prize is not redeemable for cash; nor is it transferable or substitutable except by Sponsor with one of equal or greater value.
6. REPRESENTATIONS, WARRANTIES, & GRANT OF RIGHTS BY SUBMITTER: Each Submitter represents and warrants that the Contest Submission is the Submitter's own original work and has been legally created; does not infringe the intellectual property, privacy or publicity rights or any other legal or moral rights of any third party; has not been entered in or won previous contests or awards; and has not been published or distributed previously in any media. Additionally, each Submitter represents and warrants that s/he owns all rights and title to his/her Contest Submission, including, without limitation, the copyrights and all other intellectual property rights in the Contest Submission and has any and all the necessary consents and releases required of any and all third parties who were involved in the production of the Contest Submission. Each Submitter who has posted his/her Contest Submission on either www.youtube.com or www.vimeo.com represents and warrants that his/her Contest Submission complies with all of the terms, conditions, and policies of the respective website. By submitting a Contest Submission, each Submitter, irrespective of whether s/he is selected as the potential Contest Winner, irrevocably grants Sponsor and its affiliates, legal representatives, assigns, agents and licensees, the world-wide, royalty-free, unconditional, unlimited and perpetual right and permission to publish, re-publish, reproduce, copy, transmit, post, broadcast and/or televise, display, adapt, exhibit and/or otherwise use or re-use his/her Contest Submission, name, and city of residence, including, but not limited to, its publication or re-publication, as submitted or as edited/modified in any way by the Sponsor, in its sole discretion, for publicity, commercial or other purposes on Sponsor's web or blog sites, and in any and all media without limitation, worldwide and throughout perpetuity, without additional compensation, notice to, or approval from Submitter or any other party. EACH SUBMITTER UNDERSTANDS AND ACKNOWLEDGES THAT THE SUBMITTER WILL NOT BE PAID FOR OR RECEIVE ANY FORM OF COMPENSATION FOR HIS/HER CONTEST SUBMISSION IN EXCHANGE FOR GRANTING SPONSOR THESE RIGHTS. Each Submitter waives all intellectual property rights, privacy/publicity rights or other legal or moral rights that might limit or preclude the Sponsor use of Submitter's Contest Submission, and agrees not to sue or assert any claim against Sponsor, its parent, related, affiliated and subsidiary companies, its advertising, promotion and web design agencies, all other entities involved in the creation, administration, or fulfillment of the Contest ("Sponsor & Others") arising out of or connected with the posting, publishing, and/or use of the Contest Submission or Submitter's personal information as listed above. Each Submitter specifically agrees to waive all claims to receive any royalties of any kind now or in the future from Sponsor & Others, for any use of his/her Contest Submission. Each Submitter further agrees to indemnify and hold Sponsor & Others, harmless from any and all claims, damages, expenses, costs (including reasonable attorneys' fees) and liabilities (including settlements), brought or asserted by any third party against any of them due to or in any way arising out of the use of Submitter's Contest Submission, or the Submitter's conduct in creating the Contest Submission or otherwise in connection with this Contest, including but not limited to claims for trademark infringement, copyright infringement; violation of an individual's right of publicity or right of privacy; or defamation. Each Submitter further agrees to release and hold harmless Sponsor & Others from any and all claims that any product or publication subsequently produced, presented, and/or prepared by or on behalf of Sponsor infringes Submitter's rights with regard to any elements, language or ideas contained in any Contest Submission. Contest Submissions that do not comply with these Official Rules or that otherwise contain prohibited, or inappropriate content as determined by Sponsor, in its sole discretion, will be disqualified. Sponsor reserves the right to remove from its blog or website a Contest Submission it has previously posted for such reasons as Sponsor, in its sole discretion, deems appropriate.
7. LIMITATIONS OF LIABILITY/INTERNET: Sponsor is not responsible for
interrupted or unavailable network server or other connections,
miscommunications, failed telephone or computer transmissions or jumbled,
scrambled or misdirected entries and/or Contest Submissions or transmissions, or for phone, electrical, network, computer hardware or software or program malfunctions, failures or difficulties or for other errors, omissions, interruptions, or deletions of any kind whether human, mechanical or electronic or for any damage to any person’s computer related to participating in the Contest. Sponsor is not responsible for illegible, unintelligible, late, lost or stolen entries, incorrect or inaccurate entry information, or of Contest Submissions that fail to be properly or otherwise displayed on websites whether hosted by a third party or Sponsor, whether caused by Internet users or by any of the equipment or programming associated with or utilized in the Contest promotion or by any technical or human errors which may occur in the processing of any Contest Submissions. Persons found tampering with or abusing any aspect of this Contest, as solely determined by Sponsor, will be disqualified and may be subject to prosecution. If in the judgment of Sponsor, the Contest is compromised by viruses, bugs, non-authorized human intervention or other causes beyond the control of Sponsor, which corrupts the administration, security, fairness or proper play of the Contest promotion, Sponsor reserves the right, in its sole discretion to discontinue, suspend or terminate the Contest or to proceed in any manner Sponsor deems fair and reasonable. Any personally identifiable information collected during your participation in this Contest promotion will be collected by Sponsor and used by Sponsor and its agents solely for purposes of the proper administration and fulfillment of the Contest promotion as described in these Official Rules and will not be shared with any third party except as stated in Sponsor's Privacy Policy, posted online at www.freepeople.com and as allowed by law. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR BLOGSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. In the event of a dispute as to the identity of a winner based on an email address, the winning entry will be declared made by the authorized account holder of the email address submitted at time of entry. "Authorized account holder" is defined as the natural person who is assigned to an email address by an Internet access provider, on-line 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.
8. GENERAL: Void in PR and where prohibited by law. By entering this
Contest, Submitters agree to abide by these official rules. All Federal, state
and local laws and regulations apply. The interpretation of these Official Rules shall be governed by the laws of the Commonwealth of Pennsylvania. Any and all disputes will be resolved individually, without resort to class action, in the appropriate courts in the Commonwealth of Pennsylvania exclusively, and subject to the laws of the Commonwealth of Pennsylvania. Should there be a conflict between the laws of the Commonwealth of Pennsylvania and any other laws, the conflict will be resolved in favor of the laws of the Commonwealth of Pennsylvania. In addition to the consent and permissions granted above, Submitters consent to the use of their name, biographical information, photograph and/or likeness, and/or Contest Submission for advertising and publicity purposes, in all media, worldwide, as determined by Sponsor without further compensation or consultation, except as otherwise stated herein or where prohibited by law. By participating, Submitters release and hold harmless Sponsor & Others from any and all damages, losses or injuries, whether property or personal, including death, whether direct or indirect, arising out of or due to or in connection with participation in this Contest and/or the acceptance, use/misuse, or enjoyment of the Prize. Void in Puerto Rico and wherever prohibited by law.
WHO WON: To obtain the name of the Winner, send a self-addressed
stamped envelope, by MM/DD/YY, to: Pruitt Shutt, C/O Freepeople.com
LLC, 5000 S. Broad St., Philadelphia, PA 19112-1495
SPONSOR: Freepeople.com LLC, 5000 S Broad St. Philadelphia, PA
19112-1495.
Freepeople Best/Worst Date Ever Contest Rules may not be re-printed or published, in whole or in part, without the prior written consent of Freepeople.com LLC
© 2009 Freepeople.com LLC