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Art of the Proposal Contest Official Rules
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS CONTEST. A PURCHASE OR PAYMENT WILL NOT INCREASE OR IMPROVE YOUR CHANCES OF WINNING.
1.GENERAL. This “Art of the Proposal” Contest (the “Contest”) is a contest where eligible participants may have the chance to win a gift certificate to the John Atencio Designer Jewelry Store or a camera package from Mike’s Camera, depending on the type of entrant’s submission, as further described below. The foregoing is a general description only of the Contest and is qualified in its entirety by these Official Rules. This Contest is officially sponsored by Clarity Digital Group LLC d/b/a Examiner.com (“Examiner.com”), John Atencio (“John Atencio”), and Mike’s Camera, Inc. (“Mike’s Camera”) (each a “Sponsor” and collectively the “Sponsors”).
2.ELIGIBILITY. The Contest is only open to entrants who, as of the entry date, are legal residents of the United States (the “Territory”) and who are at least eighteen (18) years old. Employees of John Atencio, Mike’s Camera, Second Street Media, Inc. and/or Examiner.com, their respective parent, affiliates, subsidiaries, advertising sponsors and promotional agencies, and the immediate family members of each (defined as parents, spouses, children, siblings, grandparents, and their respective spouses), are not eligible to enter. This Contest is void outside the Territory and where prohibited or restricted by law.
3.TIMING. The Contest begins at 12:01 a.m. Mountain Time (MST) on May 6, 2010 and ends July 1, 2010 at 11:59 pm MST. The Contest has two periods:
1) 12:01 a.m. Mountain Time (MST) on May 6, 2010 and ends June 16, 2010 at 11:59 pm MST (the “Submission/Round One Voting Period”), and
2) 12:01 a.m. Mountain Time (MST) on June 18, 2010 and ends July 1, 2010 at 11:59 pm MST (the “Final Voting Period”).
4.HOW TO ENTER. Contestants may enter the Contest during the Submission/Round One Voting Period by submitting one of the two valid submissions as described below:
•(1) An essay five-hundred (500) words or less, with an optional accompanying still image; or
•(2) An essay five-hundred (500) words or less, with an optional accompanying video, not to exceed two-hundred (200) megabytes
Submissions must relate to “The Art of the Proposal.” Possible topics include a depiction of your dream proposal, a description of your actual proposal, an idea for “popping the question,” and/or stories of proposals you’ve heard from friends and relatives. Contestants are limited to two (2) entries per registered email address.
Images, videos, and essays must be the property of the person submitting the images, or the person submitting the image, video, and/or essay must have all necessary rights to use, submit and reproduce the image in connection with the Contest (including displaying the image publicly for commercial purposes). You may select an image of jewelry (such as a ring, bracelet, or necklace) from the John Atencio website. If you choose to use an image of jewelry from the John Atencio website, John Atencio hereby automatically grants for the sole purpose of the Contest, a one-time use license to use such image of jewelry only in connection with your submission for the Contest.
All submissions are subject to review and approval by John Atencio, Mike’s Camera, and/or Examiner.com. Sponsors reserve the right to reject any submission for any reason in their sole discretion, including, but not limited to, submissions depicting pornography, infringing copyrighted content, or not relating to the theme of “Art of the Proposal.” Each submission must be in keeping with Sponsors’ positive image and may not be offensive or inappropriate, as determined by Sponsors in their sole discretion, nor can it defame or invade publicity rights or privacy of any person, living or deceased, or entity, or otherwise infringe upon any person’s or entity’s personal, intellectual property or property rights and any other third party rights (including, without limitation, copyright and trademark rights). A submission may not incorporate or include anything that would require the consent of any third party for the use of the submission as set forth in these Official Rules, and may not include the image of a person without the prior written consent of such person. Sponsors’ reserve the right, in their sole discretion, to disqualify any entry Sponsors’ deem, in whole or in part, to be offensive, inappropriate or that is not in keeping with Sponsors’ images; such determination by Sponsors may be made at any time, including, without limitation, based on facts or circumstances arising before, during or after submission of an entrant’s submissions.
Entrants retain ownership of copyright in the images, videos and essays submitted, but each entry submitted becomes the property of Sponsors and will not be acknowledged or returned.
All submissions in the Contest must be the entrant’s own original creation (an original is the product of one’s own mind and is not a copy or imitation), created solely by entrant. Modifying, enhancing or altering a third party’s preexisting work does not qualify as an original creation. The one exception to the limitation of submitting an entrant’s own work is the incorporation of a John Atencio image of jewelry into an entrant’s submission, as described herein.
5.VOTING. Voting procedures and details on voter eligibility may be found at http://examiner.upickem.net/engine/Welcome.aspx?contestid=17044, which is hereby incorporated into these Official Rules by reference.
6.PRIZES; JUDGING; SELECTION; NOTIFICATION. Entries will be divided into two categories:
(1)Essays accompanied by an optional still image (“Main Category”); and
(2)Essays accompanied by a video (“Video Category”)
On or around June 16, 2010, the close of the Submission/Round One Voting Period, the entries from both categories receiving the most votes through the online voting process (the“Top Vote Winners”) will qualify for the Final Voting Period. The number of Top Vote Winners selected to continue to the Final Voting Period will be determined by Sponsors in their discretion, and will not necessarily include entries from both categories. Top Vote Winners will be determined solely through the online voting process without any involvement of any judge.
On or around June 17, 2010, a panel of judges, selected by John Atencio and Examiner.com (the “Merit Entry Judges”), will select additional entries to qualify for the Final Voting Period (the “Merit Entries”) from the remaining entries which have not been promoted to the Final Voting Period. The number of Merit Entries selected by the Merit Judges to be promoted to the Final Voting Period will be the same as the total number of Top Vote Winners (both categories combined) promoted to the Final Voting Period. Merit Entry Judges have full discretion in selecting the Merit Entries for the Final Voting Period based on the following criteria (the “Merit Entry Judging Criteria”): creativity – 25%, effectiveness at conveying the Contest theme – 25%, and quality of the submission – 50%.
On or around June 18, 2010 the Submission/Round One Voting Period Top Vote Winners and Merit Entries will advance to the Final Voting Period and will be eligible for the Grand Prize John Atencio gift certificate. While both entries from the Main Category and the Video Category are eligible for the Grand Prize, there is no guarantee that an entry from both categories will advance to the Final Voting Period.
On or around July 1, 2010, the Contest judges will announce one (1) Grand Prize winner and one (1) Video Submission Prize winner as follows:
•The Grand Prize consists of a $3,000.00 gift certificate valid at all John Atencio stores. One (1) Grand Prize will be awarded to the entry that receives the most votes in the Final Voting Period. Entries from both the Main Category and the Video Category, if included in the Final Voting Period, are eligible for the Grand Prize.
•The Video Submission Prize consists of a $1,000.00 Camera Package from Mike’s Camera. The items included in the $1,000.00 Camera Package shall be selected solely at the discretion of Mike’s Camera. One (1) Video Submission Prize will be awarded to an entry from the Video Category, selected by Mike’s Camera personnel. After the Submission/Round One Voting Period has ended, a panel of judges comprised of employees of Mike’s Camera (the “Video Submission Judges”) will review all entries in the Video Category and select the winner of the Video Submission category based on the following criteria (the "Video Submission Judging Criteria"): creativity – 25%, effectiveness at conveying the Contest theme - 25%, and quality of the video included in the Submission - 50%. In the event none of the contestants submit Contest entries in the Video Category, Sponsors will not award a Video Submission Prize.
Winners will be notified using the email address or telephone number provided in their submission forms. A potential winner may, in Sponsors’ discretion, be required to execute and return to Sponsors an Affidavit of Eligibility and Release (an “Affidavit/Release”) in the form provided by Sponsors in order to claim his/her prize. Such Affidavit/Release must be returned to Sponsor by the date and/or time indicated within such documents. If a potential winner (i) is unreachable after seven (7) days, (ii) is unavailable for prize fulfillment, (iii) fails to return the Affidavit/Release within the specified time, (iv) if any prize or prize notification is returned as undeliverable, (v) if a potential winner is found to be ineligible, or (vi) if a potential winner does not comply with the Official Rules, then the potential winner may be disqualified and an alternate winner will be selected from among all eligible non-winning entries received by Sponsors in accordance with the criteria above. In such event, an alternate potential prize winner will be notified as described above and will be required to return the required documents to Sponsor as described above. If Examiner.com cannot find an eligible winner for the prize, that prize will not be awarded.
Odds of winning depend on the number of eligible entries received.
Automated voting of any kind is not allowed. Detection of said automated voting will lead to votes being voided. If automated voting is suspected, the entry receiving such automated votes will be disqualified. All voting must follow the rules of the Contest.
John Atencio, Mike’s Camera, and Examiner.com reserve the right to substitute any prize with another prize of equal or greater value. The combined approximate retail value (the “ARV”) of all prizes to be awarded in this Contest is U.S. $4,000.00. Prizes must be accepted as awarded, and PRIZES ARE AWARDED “AS IS” WITH NO WARRANTY, representation, or guarantee, express or implied, in fact or in law, made by Sponsors or for which Sponsors shall be liable, INCLUDING, WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. No substitution, assignment or transfer of a prize is permitted, except by Sponsors, as described above. Each winner is solely and fully responsible for any and all costs, fees, taxes, assessments and expenses associated with prize award, receipt and use, including, without limitation, all federal, state and local taxes on the prize. If applicable, a prize winner will be issued an IRS Form 1099 for the ARV of the prize won.
7.COLLECTION OF PRIZES. The winner of the Grand Prize of a John Atencio gift certificate for $3,000.00 may either arrange to pick up the gift certificate at a John Atencio store, or provide a mailing address to which Sponsors may ship the prize to the winner. The Grand Prize winner must provide photo identification at the John Atencio store in order to retrieve the gift certificate from the store. The Grand Prize winner must provide a mailing address where the delivery courier will be able to deliver the prize upon signature as proof of delivery. The Grand Prize winner may redeem the prize either in one of the four John Atencio stores in Denver, CO or the John Atencio store in Fort Collins, CO, or the winner may view the John Atencio collection online at http://www.johnatencio.com/index and order the prize by calling Customer Service at 303-996-3689. THE WINNER OF THE JOHN ATENCIO GIFT CERTIFICATE MAY NOT REDEEM THE GIFT CERTIFICATE ONLINE.
The winner of the Video Submission Prize of a $1.000.00 Camera Package may either arrange to pick up the prize at the Mike’s Camera store at 2500 Pearl Street, Boulder, CO 80302, or provide a mailing address to which Sponsors may ship the prize to the winner. The Video Submission Prize winner must provide photo identification at the Mike’s Camera store in order to retrieve the prize from the store. The Video Submission Prize winner must provide a mailing address where the delivery courier will be able to deliver the prize upon signature as proof of delivery.
8.GENERAL CONDITIONS. Contest entrants agree to abide by the terms of these Official Rules and by the decisions of the Contest judges and Sponsors, which are final on all matters pertaining to the Contest. The Contest and all of the related pages, contents and code are copyright of Second Street Media, Inc., John Atencio, Mike’s Camera and/or Examiner.com. Copying or unauthorized use of any copyrighted materials, trademarks or any other intellectual property without the express written consent of its owner is strictly prohibited. All results posted are unofficial until winners respond to e-mail notification or telephone call, and take other steps required by Sponsors as described herein (e.g. return of the Affidavit/Release). Each winner is responsible for all federal, state and local taxes and will be required to complete an IRS form W-9. Sponsor reserves the right to withhold prizes until completed form W-9 is received. This Contest is not intended for gambling. If it is determined that a contestant is using the Contest for gambling purposes they will be disqualified and reported to authorities.
Sponsors reserve the right, in their sole discretion, to terminate, modify or suspend this Contest: (i) if, in Sponsors’ opinion, there is any suspected or actual evidence of electronic or non-electronic tampering with any portion of this Contest; (ii) if viruses, bugs, unauthorized intervention, fraud, technical difficulties or failures or any other factor beyond Sponsors’ reasonable control corrupt or affect the administration, security, fairness, integrity or proper conduct of this Contest; or (iii) for any other reason in Sponsors’ sole discretion. In such event, Sponsors reserve the right (but do not have the obligation) in their sole discretion to award any or all of prize(s) at random from among eligible, non-suspect entries received up to the time of suspected impairment. Sponsors reserve the right in their sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of this Contest or to be acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately damage any website or undermine the legitimate operation of this Contest is a violation of criminal and civil laws, and, should such an attempt be made, Sponsors reserve the right to seek damages and other remedies from any such person to the fullest extent permitted by law. Sponsors’ failure to enforce any term of these Official Rules shall not constitute a waiver of that provision or any other provision in these Official Rules.
9.RELEASE. Each winner, by acceptance of the prize, agrees to release all Sponsors, and their parent and subsidiary companies, their officers, directors, employees, agents, shareholders, affiliates, suppliers, distributors, and advertising agencies from all liability, claims, or actions of any kind whatsoever for injuries, damages, or losses to persons and property which may be sustained in connection with participation in the Contest, or the receipt, ownership, or use of any prize in the Contest. Entrants further grant to Sponsors the perpetual, irrevocable, worldwide, fully-transferable right (but not obligation) and license, without any notification to or approval of contestant to use, reproduce, display, distribute, modify, publish, make derivative works of, license, sublicense and otherwise exploit their Contest submissions, proper name, photograph, likeness, certain biographical data submitted in connection with the Contest and city and state of residence online and in print, or any other media, in connection with the Contest. Sponsors reserve the right to use any and all information related to the Contest, including information on contestants obtained through the Contest, for marketing purposes or any other purpose, unless prohibited by law. Sponsors shall have no obligation to maintain any of the entries, or any information or ideas contained therein, as confidential or proprietary. Sponsors reserve the right to edit, modify, or abridge any Submissions for any reason prior to use.
10.LIMITATIONS OF LIABILITY. Second Street Media, Inc., John Atencio, Mike’s Camera, Examiner.com and their related entities, and the employees, officers, directors, and shareholders of each, are not responsible for: (a) incorrect or inaccurate transcription of entry information or late, lost, unintelligible, illegible, damaged, mutilated, altered, incomplete, or misdirected entries or entries received through impermissible or illegitimate channels, all of which will be disqualified; (b) technical failures of any kind, including but not limited to the malfunctioning of any telephone, computer online systems, computer equipment, website, server provider, network, hardware or software, including without limitation Sponsors’ publishing tools; (c) the unavailability or inaccessibility of any website or service, Internet crashes or slowdowns caused by network congestion, viruses, sabotage, satellite failures, phone line failures, electrical outages, natural disasters or acts of man or God; (d) unauthorized intervention in any part of the entry process or this Contest; (e) printing, typographical, electronic or human errors which may occur in the offer or administration of this Contest or the processing of entries; (f) any injury or damage to persons or property, including but not limited to entrant’s computer, which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in this Contest, use of any prize awarded in the Contest, or from viewing or downloading any material from Sponsors’ websites, regardless of whether the material was prepared by Sponsors or a third party, and regardless of whether the material is connected to Sponsors’ websites by a hypertext link; or (g) any costs, expenses, claims, or liabilities related to any winner’s receipt or use of a prize awarded hereunder.
11.DISPUTES. Entrant agrees that: (a) any and all disputes, claims, and causes of action arising out of or connected with this Contest, or any prizes awarded shall be resolved individually, without resort to any form of class action, and solely and exclusively in a federal or state court located in Denver, Colorado; entrant submits to sole and exclusive personal jurisdiction to said courts in the State of Colorado for any such dispute and irrevocably waives any and all rights to object to such jurisdiction; (b) any and all claims, judgments, and awards shall be limited to actual out of pocket costs incurred, including costs associated with entering this Contest but in no event attorneys’ fees; and (c) under no circumstances will entrant be permitted to obtain awards for and entrant hereby waives all rights to claim 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. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION 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 entrant or Sponsors in connection with this Contest shall be governed by, and construed in accordance with, the laws of the State of Colorado, without giving effect to any choice of law or conflict of law rules of provisions (whether of the State of Colorado, the United States, or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Colorado.
12.OFFICIAL RULES. These Official Rules are available at http://examiner.upickem.net/engine/Rules.aspx?contestid=17044 or by sending a self addressed postage-stamped envelope to “The Art of Proposal Contest – Rules Request” c/o Examiner.com, 555 17th Street, Suite 400, Denver, Colorado 80202. Residents of Vermont need not affix return postage.
13.LIST OF WINNERS. To request a list of winners, see the Contest website at http://examiner.upickem.net/engine/Winners.aspx?PageType=WINNER&contestid=17044 or send a self-addressed postage-stamped envelope to “The Art of Proposal Contest – List of Winners” c/o Examiner.com, 555 17th Street, Suite 400, Denver, Colorado 80202 by July 15, 2010.
14.SPONSORS. The sponsors of this Contest and the addresses at which the Sponsors may be contacted are Clarity Digital Group, LLC d/b/a Examiner.com, having its principal place of business at 555 17th Street, Suite 400, Denver, Colorado 80202, John Atencio, having its principal place of business at 3455 Ringsby Ct, #106, Denver, Colorado 80216, and Mike’s Camera, Inc., having its principal place of business at 2500 Pearl Street, Boulder, CO 80302.
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