CatLovingCare Contest Rules
|Organizer||CatLovingCare.com (Abbreviated as CLC)|
|Administrator||CatLovingCare.com, 8400 N’W’ 25th Street, Suite 110 |
DMB 300625, Doral, Florida 33122
|Region||Any, where permitted by law.|
|Contest Begins||12:00 AM EST – Aug 03 2011|
|Contest Length |
(The Voting Period)
|Until all 500 book entries are claimed. |
Once all positions in book are claimed, participants will be notified and be granted additional period of 2 weeks (“Grace Voting Period”) to promote their entry and get votes for their cat.
One week after the end of Grace Voting Period the winners shall be announced.
|How will winner be chosen||Submissions can be star-voted on, Facebook liked & shared, Google +1ed, Twittered and commented upon on our blog, on the special page/post we create for each qualified entrant. Most popular entry will win.|
|Prize Draw Date||As soon as all book entries are claimed contest closes for new entries. All entrants will be notified and have an extended voting period of 2 weeks. One week after the extended voting period ends the winner/s will be announced.|
|Prizes||Grand Prize: $500.00 USD, and your cat will be the CoverCat of our book. |
2nd Prize: $100.00 USD
3rd Prize: $100.00 USD
First 3 winners also get a unique poem written in honor of their cat.
1st-10th winners will receive virtual trophy watermark on/by their submitted entry image.
All cats (entrants) in top 50 positions will receive special visibility and prior placement in the book.
As well as any sponsor donated prizes we can secure (will be announced).
|Number of entries per person||1 entry per cat (if you have additional cats in household you may enter them as well in separate entries), in same or in multiple book publications are possible.|
|Number of votes per entry||As many as you can get for your entry. Promote your entry! Only 1 vote from same IP (i.e., from same person voting) per entry is possible.|
- Must be a participating active member (successfully claimed and finalized a book entry) in one or more of our cat book/s, in order to be voted on and be able to win prizes. Contest participation is FREE to all such members.
- You may only enter one pet photo per each book entry you claim.
- The submission description (your blurb) and entry information must be provided in English.
- Your photo/image submitted for your entry must comply with terms and rules of our contest.
- CatLovingCare.com has the right to deny any contest submission they find inappropriate.
The Purpose of this contest is to determine the CoverCat for our book publication.
OFFICIAL CONTEST RULES
NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. ALL CONTESTS ARE VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
In these Official Contest Rules (“Rules“), the following terms have the meanings set out below. In addition, other capitalized terms have the meaning so given to them.
“Contest” means the contest, game, sweepstake, promotion, marketing activity or other event specified in the Contest Summary;
“Contest Summary” means the Contest summary page for a particular contest, which specifies certain information for that Contest;
“Contest Facilitators” means, collectively, the Administrator, the Organizer and any sponsors arranged by the Organizer;
“Contest Requirements” means the guidelines and criteria that entrants must abide by to be eligible for the Contest;
“Contest Site” means a subdomain of the Site or a domain or website of the Organizer;
“Prize” or “Prizes” means the prize or prizes (if there are multiple prizes) to be awarded for a particular Contest as specified in the Contest Summary;
“Region” means the region(s) selected in which the Contest is held; and
“Site” means CatLovingCare.com (CLC) any and any services available thereon.
“You” or “Contestant” means a participating photo contest contestant
- The Contest with a prize (the “Contest”) is FREE to enter and open to all individuals who are legal residents of the Region(s) specified, and have reached the age of 18 at the time of their Entry (as defined below), or are emancipated minors, or possess legal parental guardian consent, and are fully able and competent to enter into the terms, conditions, obligations affirmations, representations, and warranties set forth in these Official Contest Rules and in our contest requirements.
- It is your responsibility to ensure that you are legally eligible to enter the Contest under any laws applicable to you in your jurisdiction of residence or otherwise.
- The Contest is only open to participating members, as specified in contest requirements.
- The Contest is void outside the Region(s) specified, or in any country embargoed by the United States, and where otherwise prohibited by applicable federal, state, provincial or local laws, rules or regulations.
- The employees, officers and directors of the Contest Facilitators as well as its affiliates, subsidiaries, Sponsors, advertising, promotion agencies, the immediate family (spouse, parents, siblings and children) and household members of each such employee, officer and director are not eligible to participate in the Contest.
By participating in the Contest, you fully and unconditionally agree to and accept these Rules and the decisions of the Organizer and/or Administrator, which are final and binding in all matters related to the Contest. Whether or not you receive a Prize is contingent upon fulfilling all requirements set forth in these Rules. The Contest is subject to all applicable federal, state, and local laws. The Organizer is responsible for ensuring the Contest complies with all laws in all jurisdictions where the Contest is offered.
CONTESTS are void where prohibited by law.
The Contest opens on the date and time specified in the Contest Summary, and ends on the date, time and manner as specified in the Contest Summary (the “Contest Length“). All times specified are Eastern Standard Time (EST). The Administrator’s computer is the official time-keeping device for the Contest.
- To enter the Contest, [complete the registration form for claiming your cat’s CLC book entry-> http://CatLovingCare.com/EnterCat] (the “Book Placement Registration Form“) on the CLC Site with your name, email address, birth date and any required questions as specified on the form for you and your cat.
- Submit 1 (one) photo during your book placement registration – this image CLC will use for your cat in our book publication, as well as in the contest.
- You must own the copyrights to the photo you provide CLC and that will be featured in your Contest Submission. By uploading your Photo Submission, 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 the Guidelines and Restrictions.
- During the Book Registration process, you need to agree to participate in the book’s CoverCat contest in order to get your free contest entry processed for you.
- After finalizing your entry and paying the book entry processing fees, as specified on the book placement entry path, CLC will:
- Set up for your cat a special page/post online on our CLC site, using material we collected from you during your entry submission.
- Provide you with the link to promote your cat (“Your Contest Entry“), so you can then follow the directions specified for the Contest in the Contest Summary during the Contest Period to promote your cat.
- You must register for a CLC book placement in order to participate in a Contest. You must then provide an entry that fulfills the contest requirements, as specified above, to be eligible to win a Prize.
- Entries that do not include all the required information and adhere to the Contest Rules will be considered void for contest purposes.
- The Contest Facilitators are not responsible for incomplete Entries.
- The Organizer determines if an Entry meets the Contest Requirements and otherwise complies with the Rules.
- CLC CoverCat contests are free for all our cat book participants. Book placement processing fees (covering our costs of book production art work, contest management and promotion etc) will not improve your chances to win.
- You may enter the Contest only one (1) time per every cat you claim a placement for in our book.
- You may request to have your contest entry deleted at anytime.
- By participating in the Contest you permit public voting in connection with your Entry.
- The Submission image must be in .jpg, .png or in a .gif format.
- Your submitted image must not exceed 5 MB in size. Best if no more than 1MB in size.
- You must be the owner of the pet featured in the submission.
- The Submission’s description must be in English
- You must own the copy rights to the photograph.
- Contest is only open to active participating members.
- Your Submission must not contain material that violates or infringes another’s rights, including but not limited to privacy, publicity or intellectual property rights, or that constitutes copyright infringement.
- The Submission must not disparage Sponsor, Administrator or any other person or party affiliated with the promotion and administration of this Contest.
- The Submission must not contain brand names or trademarks.
- The Submission must not contain text, images or artwork not created by entrant.
- The Submission must not contain material that is inappropriate, indecent, obscene, hateful, tortuous, defamatory, slanderous or libelous.
- The Submission must not contain material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age.
- The Submission must not contain material that is unlawful, in violation of or contrary to the laws or regulations in any jurisdiction where Submission is created.
- Your Entry, in its entirety, is an original work by you and you have not included third party content (such as writing, poetry, text, graphics, artwork, logos, photographs, likeness of any third party, musical recordings, clips of videos, television programs or motion pictures) in or in connection with your Entry without permission.
- Your Entry, the use thereof by the Contest Facilitators, or the exercise by the Organizer or Administrator of any of the rights granted by you under these Contest Rules, does not and will not infringe or violate any rights of any third party or entity, including, without limitation, patent, copyright, trademark, trade secret, defamation, privacy, publicity, false light, misappropriation, confidentiality, or any contractual or other rights.
- You have all the rights, licenses, permissions and consents necessary to submit the Entry and to grant all of the rights that you have granted to the Contest Facilitators under these Contest Rules.
- All persons who were engaged by you to work on the Entry (For example, such as a photographer), who appear in the Entry in any manner, or have contributed to the Entry have:
- Given you their written consent to submit the Entry without claims for payment of any kind; and
- Provided written permission to include their name, likenesses, image or pictures in or with your Entry (or if a minor who is not your child, you must have the permission of their parent or legal guardian) and you may be asked by the Contest Facilitators to provide such permission in writing to the Contest Facilitators; and
- the Administrator and its licensees, successors and assigns will have the right to use all or a part of your Entry (without private information such as your email, phone or full address or full DOB), your name/cat’s name and or Facebook’s fan page or profile link of cat/entrant and partial address (city and/or state/province/country), and the names, likenesses, photographs, voices and images of all persons or pets appearing in the Entry anywhere in the world and in perpetuity, for future advertising, trade, promotion and publicity in any manner and in any medium now known or hereafter devised throughout the world in perpetuity, without compensation and without notice to you and without consideration, review or approval from you.
- You agree that you will not now nor in the future be paid for your Entry or for granting the Administrator any of the rights set out in these Rules.
- You hereby grant to the Sponsor & Administrator a perpetual, irrevocable, royalty free, worldwide license to use, publicly display, adapt, distribute, copy, cache, transfer, sublicense, make derivative works of, modify and otherwise fully exploit any text, photos, videos, posts, tips, Contest entries, podcasts, audio, graphics, images or other materials or information that you submit to or through the Service (collectively, “Content”) and to publicize your name and likeness (“License”). The Sponsor & Administrator may do any or all of the foregoing for any purpose relating to its Service, business, products or advertising. The Sponsor & Administrator shall be under no obligation to maintain the confidentiality of any information, in whatever form, contained in the Content.
- Without this License, the Sponsor & Administrator would be unable to provide the Service. For example, without the right to modify your Content, the Administrator would not be able to digitally compress files that you submit or otherwise format Content to satisfy technical requirements, and without the right to publicly display Content, the Administrator could not allow users to view Content posted.
- The license you grant to the Sponsor and Administrator is non-exclusive (meaning you are free to license your Content to anyone else in addition to the Sponsor & Administrator), fully-paid and royalty-free (meaning that the Sponsor & Administrator is not required to pay you or anyone else for the use on the Service of the Content you post), sub-licensable (so that the Sponsor & Administrator is able to use its affiliates and subcontractors such as Internet content delivery networks to provide the Service), and worldwide (because the Internet and the Service are global in reach).
- There will be no royalties paid to photographers whose photos are published in our books or online.
- You shall be solely responsible for the Content and the consequences of posting or publishing it. In connection with Content, you represent and warrant that: (i) you own or have the necessary licenses, rights, authority, consents, and permissions to use and authorize the Sponsor & Administrator to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all Content to enable inclusion and use of the Content in the manner contemplated by the Site and this Agreement; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the Content to use the name or likeness of each and every such identifiable individual person to enable inclusion and use or the Content in the manner contemplated by this Site and this Agreement; and (iii) you agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through the Service. The Sponsor & Administrator has the right in its sole discretion to refuse to post Content for any reason, including, but not limited to, submitted Content that appears to contain material protected by the intellectual property rights held by a third-party. You agree that the Sponsor & Administrator is not responsible for any violations of any intellectual property rights in any Content that you submit to the Sponsor & Administrator. You understand and acknowledge that by using this Service, your Content will be publicly available to others and that the Sponsor & Administrator has no obligation to prevent the unauthorized copying, dissemination, alternation or other use of your Content by other third-parties.
- If you want the Sponsor to remove any of your Content from the Contest Service, you must [contact CLC via our online support form->contact-us] with a request for removal. However, the Sponsor & Administrator cannot guarantee that your Content will be completely removed from the Service, user devices or use webpages, or that other users will not misuse any Content that you supply. In addition, other users may have already copied and forwarded your Content to others, making recovery impossible. Notwithstanding anything to the contrary in this Agreement, the operators of public search engines may use spiders to copy materials from the Service for the sole purpose of creating publicly available searchable indices of the materials.
- Online voting begins and ends as stated in the Contest Summary (the “Voting Period“).
- All users of the CLC Site will have the opportunity to cast one vote in the affirmative for each entry they feel is the cutest or otherwise the best, during the Voting Period.
- CLC (“The Organizer”) offers the combined following means to determine the CoverCat (The most popular cat to be on book cover and the other winners):
- Star-votes – The combination of most voted and with highest start ranking (5 stars is best). This is a very important factor.
- Facebook Likes – the most liked cat.
- FB (Facebook) shares – the most shared.
- Twitter – the most twitted about cat.
- Google +1 – the most liked cat on Google. Any Gmail account holder can like (Plus-1) it.
- Most commented cat – entry with most comments on CLC. Simply ask your friends to post a comment using CLC comment box on your cat’s contest entry page, mentioning (why) your cat should be the winner.
- The contest organizers have the right to decide and judge in favor of the winner CoverCat when a few entries might have similar high rankings and votes, or put up the top finalists for final public voting.
- The Contest Facilitators have the right, in their sole discretion, to maintain the integrity of the Contest, including the right to void votes, including, but not limited to, for the following reasons:
- Multiple votes from the same user from different IP addresses or from different email addresses; fraudulent entry votes (using a redirect link, a disguised link, a fraudulent link, etc.)
- Technical malfunction of servers or internet connection
- User(s) recanting their own votes
- Technical or content upgrades that render votes incompatible or inconsistent; and
- Inappropriate conduct by entrant in promoting votes (spam, harassment, etc.).
The Organizer will provide the Prize(s) to be awarded for a particular Contest. The details of the prize and associated worth of the prize shall be provided from time to time either in the Official Rules or on the Contest Page itself. No substitution of a Prize will be made unless the Organizer, in its sole discretion, determines otherwise. A Prize must be accepted as awarded, and the odds of winning are dependant upon the total number of eligible Entries received for the Contest Period.
Prizes per each contest are as specified in contest summary for each contest and on contest entry page on CLC site.
The winning photo/s will also be featured on the CLC site, Facebook page and elsewhere online.
- The winner(s) of the Prize(s) will be selected, as specified in the Contest Summary, from all eligible Entries received. If you are selected as a Winner, you will be notified of the selection of your Entry by the phone or email address provided by you when you claimed your cat’s placement in the Book via the [Registration Form-> http://CatLovingCare.com/EnterCat].
- Winner will be subject to approval by CLC (The Organizer) pending confirmation of the winner’s compliance with these Official Rules.
- The Organizer reserves the right to take more or less time to determine the winner as it deems necessary in its sole discretion.
- Organizer will also publicly announce winner/s via the CLC website, Facebook and or any other online methods/locations Organizer uses.
- You must respond to the phone or email notification of your selection as a Winner and claim your prize within seven (7) days.
- If the Organizer does not receive a response within this time period, the winner may be disqualified and an alternate winner will be determined and selected to receive the Prize.
- All decisions of the Organizer in selecting the Winner (s) are final and binding on all Entrants in all matters relating to the Contest.
- Winners may make no substitution or transfer of their prize. A Prize is personal to the Winner and is non-transferable.
- All federal, state and local income taxes are the sole responsibility of the winners.
- Winners assume all liability for any injury, damage caused or claimed to be caused by participation in this Contest or use or redemption of any prize.
- To claim their Prize, winners may be required to provide a copy of their passport, driver’s license and/or birth certificate as proof of age.
- These prizes shall not include any fees, transaction costs, taxes, governmental fees, etc., which shall be the sole responsibility of the winners.
- All prizes will be awarded to the first and last name of a real natural person, as provided by the Entrant.
- All federal, state and local income taxes are sole responsibility of winners. In addition, should federal, state or local law impose any tax withholding obligation on CLC with respect to entrant’s receipt of any prizes, the entrant agrees to such withholding and shall timely provide any information to CLC as may be required for CLC to accomplish such withholding.
The odds of winning the Contest are a function of a number of factors including, but not limited to, the number of entries, number and quality of votes cast, number of votes you cause to be cast for your photo, the date of entry and quality of the photograph. For all voting parameters please see section #10 above.
Except where prohibited, a Winner (or his/her parent/legal guardian if the Winner is a minor in his/her jurisdiction of residence) shall be required to execute and return to the Organizer within ten (10) days of the date notice or attempted notice is sent, an Eligibility, Declaration of Compliance with the Rules and Liability & Publicity Release Form (“Declaration and Release Form”) in order to claim the Prize.
If a Winner cannot be contacted, or fails to execute and return the Release Form within the required time period (if applicable), or if the Prize is returned as undeliverable, the Winner forfeits the Prize.
Acceptance of any Prize shall constitute and signify the Winner’s agreement and consent that the Contest Facilitators may use the Winner’s name, photo, city, state, likeness, Entry and Prize information in connection with the Contest, worldwide, including on the internet, without limitation and without further payment or consideration, except where prohibited by law. Each Winner (or his/her parent/guardian if the Winner is a minor) is responsible for all taxes and fees associated with receipt of the Prize.
CatLovingCare.com membership (“Membership”) is available to all book publication participants who have successfully finalized their cat’s entry into one or more of our book projects.
When you become a Member, you must provide CLC with true, accurate, current, and complete information about yourself and your entered pet, when such information is requested by the Service (whether by questionnaires, surveys, registration forms, or other informational requests).The Service is for personal use only. A condition of Membership is your “Active Participation” in the Service. Active Participation is defined as purchasing your selected book entry for your cat and or yourself with your cat (if supported/required by the particular book project) through the CLC Service. Purchases that were refunded do not count towards Active Participation. If you cease Active Participation for any reason, CLC may terminate your Membership (or any part thereof) and your use of the Service, and may remove and discard all information, communications, postings, albums, image files, creative material, photographs, links, comments, and other content (collectively “Content”) uploaded by you or otherwise made available by you and or to you within the Service, including your contest entry page related to the book entry that was refunded. CLC may maintain any non-active member’s contest entry CLC publishes online, but may disable voting on it or add a notice that that entry is invalid and votes will not count on it.
Digital Image Storage
- CLC offers storage of contest photos to Members who maintain their Active Participation. When you upload Image Content to the Service, the original resolution of your Content may be affected depending on the upload speed you choose. Further, CLC may in its discretion down-sample the image regardless of the upload speed you choose.
- You should always preserve your original Content, or make back-up copies of such Content, on your personal computer system. You should not use the Service as the only repository or other source for your Content.
CLC is committed to ensuring that the Contest and The Service remains a fun and safe place to vote on entrant photographs. To that end, the Service allows Members to be creative with their Content. Users of the Service, whether or not Members, may not use the Service to Process Prohibited Content. Generally, Prohibited Content includes Content or other material that CLC believes:
- Is abusive, deceptive, pornographic, obscene, defamatory, slanderous, offensive, or otherwise inappropriate.
- Comprises copyrighted material used without the express permission of the owner.
- Violates or otherwise encroaches on the rights of others.
- Contains viruses, worms, corrupt files, Trojan horses or other forms of corruptive code, or any other content which may compromise the Service.
- Advocates illegal activity.
- Harms anyone, including minors.
- Provides a link to any of the above.
CLC has the sole discretion to determine whether Content is Prohibited Content, and any Content submitted to the Service may be subject to examination from time to time. Although CLC examines and reviews all Content submitted or transmitted to the Service via book entries, it may not always monitor each and every comment posted to the site prior to its publication. CLC may delete, move, and edit Content for any reason, at any time, without notice, in particular comments on pages and posts it deems offensive or Prohibited.
All Content (whether private or public) that is Processed on the Site is the sole responsibility of the person who submitted it. Thus, you are responsible for your Content.
Disqualifying Active Participating Members
Persons found tampering with or abusing any aspect of the Contest, as solely determined by CLC, will be disqualified. If disqualified for any of the above reasons, CLC reserves the right to terminate entrant’s eligibility to participate in the Contest.
- The Sponsor reserves 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 Sponsor’s reasonable control impairs the integrity or proper functioning of the Contest, as determined by Sponsor in its 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.
- Contest Facilitators reserve the right to cancel, modify or suspend the Contest at any time (subject to approval of any regulatory body having jurisdiction), if it is determined that the Contest cannot be run as originally planned or if fraud or any other occurrence comprises the fairness or integrity of the Contest.
- 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 or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Contest may be 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.
- There must be at least 500 member entries for a Contest to be valid and for the prize to be given to winner/s.
- If a contestant’s entry has expired but their photograph and contest entry page/post remains on the CLC website, the photograph and the contestant is not eligible to win the contest for another or new contest. If contestant enters as a member of an additional book publication project, contestant will get a new contest entry page with unique URL for voting purposes. As a result, votes cast for an expired entry/photograph will not count unless or until such entry has been reactivated.
- Nothing contained in these Rules shall be construed to: (i) give any party the power to direct and control the day-to-day activities of the other; (ii) constitute the parties as partners, joint venturers, principal and agent, employer and employee, co-owners or entrants in a joint undertaking; or (iii) allow you to create or assume any obligation on behalf of the Organizer.
- By entering the Contest, you fully and unconditionally agree to and accept these Rules and the decisions of the Contest Facilitators and the members of the voting community, which are final and binding on all matters relating to this Contest.
- You understand and agree that this Contest is in no way sponsored, endorsed or administered by, or associated with, Facebook, and any comments, questions or concerns regarding the Contest shall be directed to the Contest Facilitators and not to Facebook.
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide CLC via the site’s online support with the following information required under 17 U.S.C. 512:
- A physical or electronic signature of a person authorized to act on behalf of the owners of an exclusive right that is allegedly infringed.
- Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at the Site.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the Sponsor to locate the material.
- Information reasonably sufficient to permit the Sponsor to contact the complaining party, including a name, address, telephone number and, if available, an email address at which the complaining party may be contacted.
- A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law.
- A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Please contact the Organizer with the above material via their CLC online support at CatLovingCare.com/contact-us
By participating, entrant agrees to release and hold harmless the Sponsor, Administrator and their respective subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and prize suppliers, and each of their respective parent companies and each such company’s officers, directors, employees and agents (collectively, the “Released Parties”) from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Contest or receipt or use or misuse of any prize.
Winning photos may appear on the home page of CatLovingCare.com Website, where potentially thousands of viewers may see the photograph. Entrants waive any and all rights to photographs and give CLC the right to publish same in any medium without compensating entrants.
By submitting an entry and participating in the Contest, entrant, for him/herself and on behalf of the subject of the photograph, irrevocably transfers, grants and assigns to CLC, its affiliates and its respective successors, assigns, and licensees, the right worldwide and in perpetuity, to use the name, likeness, image and photographs, including any reproductions of same, in any and all media including, without limitation, use on the CLC Website in connection with the Contest or other promotions, for any advertising or promotional purposes without additional compensation, and releases CLC and any entity acting on behalf of CLC from any liability with respect thereto.
The Contest Facilitators shall not be liable to a Winner or any other person for failure to supply the Prize or any part thereof, by reason of the Prize becoming for reasons beyond the reasonable control of the Contest Facilitators unavailable or impracticable to award, or for any force majeure event, technical or equipment failure, terrorist acts, labor dispute, or act/omission of any kind (whether legal or illegal), transportation interruption, civil disturbance, or any other cause similar or dissimilar beyond the Organizer’s control.
The Organizer, Administrator and their employees, officers, directors, agents, contractors, representatives, affiliates, divisions, subsidiaries, resellers, dealers, distributors, advertising/promotion agencies, and Facebook (the “Released Parties”) shall not assume any responsibility whatsoever for any of the following: delayed, failed, partial or garbled computer transmissions; technical failures of any kind, including, but not limited to, lost, interrupted or unavailable network, server, internet, or other connections; the availability, accessibility, technical failure or miscommunications of computer, satellite, telephone or cable transmissions; the incorrect or inaccurate capture or failure to capture information whether caused by Site or Contest Site users, tampering, hacking, or by any equipment or programming associated with or utilized in the Contest; errors of any kind whether human, mechanical, electronic, network or otherwise arising out of or relating to the Contest; theft, loss, destruction or damage to an Entry in whole or in part; and other factors beyond their reasonable control. The Released Parties are not responsible for injury or damage to your or to any other person’s computer related to or resulting from participating in the Contest or downloading materials from or use of the Site or any Contest Site. CLC does its best to operate in a secure hosted server environment, however CLC is not responsible in case of hacking or phishing attacks on CLC site.
ANY ATTEMPT BY YOU TO DELIBERATELY DAMAGE THE SITE OR ANY CONTEST SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF APPLICABLE CRIMINAL AND CIVIL LAW. SHOULD SUCH AN ATTEMPT BE MADE, THE ORGANIZER AND ADMINISTRATOR RESERVE THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT OF THE LAW AND TO DISQUALIFY YOU FROM THE CONTEST.
LIMITATIONS OF LIABILITY AND RELEASE:
BY SUBMITTING AN ENTRY, YOU AGREE THAT THE RELEASED PARTIES WILL HAVE NO LIABILITY WHATSOEVER FOR, AND WILL BE RELEASED AND HELD HARMLESS BY YOU AND YOUR HEIRS, EXECUTORS, REPRESENTATIVES, SUCCESSORS AND ASSIGNS FOR ANY CLAIMS, LIABILITIES, OR CAUSES OF ACTION OF ANY KIND OR NATURE FOR ANY INJURY, LOSS OR DAMAGES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES TO PERSONS, INCLUDING, WITHOUT LIMITATION, DISABILITY OR DEATH, AND DAMAGE TO PROPERTY, DUE IN WHOLE OR IN PART, ARISING DIRECTLY OR INDIRECTLY, NOW OR IN THE FUTURE FROM THE DELIVERY, ACCEPTANCE, USE OR MISUSE OF THE PRIZE, ANY AND ALL USE AS PROVIDED HEREIN OF YOUR ENTRY, OR PARTICIPATION IN THIS CONTEST AND/OR ANY RELATED CONTEST. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE SITE AND ANY CONTEST SITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, IN WHICH CASE SUCH LIMITATION OR EXCLUSION SHALL APPLY ONLY TO THE EXTENT PERMITTED BY THE LAW IN THE RELEVANT JURISDICTION.
Participation in the Contest indicates complete acceptance of the Contest rules set forth herein.
Except where prohibited, you agree that: (1) any and all disputes, claims and causes of action arising out of or connected with this Contest or any prize awarded shall be resolved individually, without resort to any form of class action; (2) any and all claims, judgments and awards shall be limited to actual proven out-of-pocket costs incurred with contest entry, but in no event attorneys’ fees; and (3) under no circumstances will you be permitted to obtain awards for, and you hereby waive all rights to claim, indirect, 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.
Any attempt by any individual, whether or not an entrant, to damage, destroy, tamper with or vandalize the CLC Website, or otherwise interfere with the operation of the Contest, is a violation of criminal and civil law and CLC will diligently pursue any and all remedies in this regard against any offending individual or entity to the fullest extent permissible by law and in equity.