1.
Eligibility: The No nonsense Between Friends Contest (the “Contest”) is open only to legal residents of the fifty (50) United States (including D.C.) who are at least eighteen (18) years old at the time of entry and who did not purchase any products, services or equipment for the purposes of entering this Contest. Employees of Giant Head, Garage Branding, Data Architech, Kayser-Roth Corporation ("Kayser-Roth"), Golden Lady, ePrize, LLC, and any of their parent and affiliate companies as well as the immediate family (spouse, parents, siblings and children) and household members of each such employee are not eligible. The Contest is subject to all applicable federal, state, and local laws and regulations. Void where prohibited.
2.
Sponsor: Kayser-Roth Corporation, 102 Corporate Blvd. Greensboro, NC 27408. Administrator: ePrize, LLC, One ePrize Drive, Pleasant Ridge, MI 48069.
3.
Agreement to Official Rules: Participation in this Contest constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor’s and Administrator’s decisions, which are final and binding in all matters related to this Contest. Winning a prize is contingent upon fulfilling all requirements set forth herein.
4.
Timing: The Contest begins on September 3, 2008 at 12:00 a.m. Eastern Time ("ET") and ends on January 31, 2009 at 11:59 p.m. ET (the "Contest Period"). Kayser-Roth's computer is the official time-keeping device for the Contest.
5.
How to Enter: During the Promotion Period, visit
http://www.nononsense.com/betweenfriends and follow the links and instructions to register for the Contest. Complete the registration, including a valid home mailing address. P.O. Boxes are not permitted. Upload one (1) video, photo or essay or submit an embedded link to a video, photo or essay that showcases why there is no nonsense between you and your best friend to receive one (1) entry into the Contest (the “Submission”). By uploading your 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.
Submission Guidelines:
- If a video, the Submission must be in Flash Video FLV, Mobile 3GPP, Mobile 3GPP2, MPEG MPG, MPEG 4 MP4, QuickTime MOV, Windows ASF, Windows AVI, Windows WMV format
- If a video, the Submission must not exceed two (2) minutes in length
- If a photo, the Submission must be in .JPG format;
- If a photo, the Submission must contain a ten (10) to two hundred fifty (250) word (one thousand (1,000) character maximum) description of why that photo showcases why there is no nonsense between you and your best friend;
- If an essay, the Submission must contain a minimum of ten (10) words and no longer than two hundred fifty (250) words (one thousand (1,000) character maximum);
- If an essay, the Submission must be in English and in text format;
- All Submissions must not exceed 40-50 mb limit, average of 10 mb per 30 sec. video; and
- All Submissions cannot have been submitted previously in a promotion of any kind or exhibited or displayed publicly through any means.
Content Restrictions:
- The 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 other than the No nonsense mark, which entrant has a limited license to use for the sole purpose of creating and uploading a Submission in this Contest;
- The Submission must not contain footage, images, text or artwork not created by entrant;
- The Submission must not be in violation of any individual work contract between entrant and another entity;
- The Submission must not contain material that is inappropriate, indecent, obscene hateful, tortious, 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; and
- 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.
For All Submissions: Limit: You may submit one (1) Submission during the Promotion Period. Submissions received from any person or email address in excess of the stated limit will be void. Submissions generated by script, macro or other automated means are void. Entrant must have permission from all individuals that appear in the Submission (if any) to use their name and likeness in the Submission and to grant the rights set forth herein. If requested by Sponsor, entrant must be able to provide such permissions in a form acceptable to Sponsor. All Submissions will become the exclusive property of Sponsor, and none will be acknowledged or returned. Sponsor shall have the right to edit, adapt and publish any or all of the Submissions, and may use them in any media without attribution or compensation to the entrant, his/her successors or assigns, or any other entity. UPLOADING A SUBMISSION IN THIS CONTEST CONSTITUTES ENTRANT’S IRREVOCABLE ASSIGNMENT, CONVEYANCE AND TRANSFERENCE TO SPONSOR OF ANY AND ALL RIGHT, TITLE AND INTEREST IN THE SUBMISSION INCLUDING, WITHOUT LIMITATION, ALL COPYRIGHTS. Released Parties (as defined in Section 9, below) are not responsible if any Submission entered into the Contest via an embedded link to an un-related, user-generated content website is removed by the administrator of the un-related site, in which event entrant's respective entry will be void. Released Parties are not responsible for lost, late, stolen, damaged, incomplete, invalid, un-intelligible, garbled, delayed or misdirected Submissions; all of which will be void.
In the event of a dispute as to any Submission, the authorized account holder, at time of entry, of the email address used to register for the Contest will be deemed to be the entrant and must comply with these Official Rules. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. The entrant may be required to show proof of being the authorized account holder.
6. Winner Determination: After the conclusion of the Promotion Period, a panel of qualified judges determined by Sponsor in its sole discretion will select the Contest winners from among all eligible Submissions received during the Promotion Period based on the following criteria (“Judging Criteria”):
- Quality of entry (10%)
- Ability to capture the essence of the No nonsense brand (20%)
- Ability to illustrate the concept of No nonsense as a brand “designed by women, for women” (10%)
- Ability to capture the essence of No nonsense Between Friends (20%)
- Fit to contest theme of No nonsense Between Friends (40%)
The entrant whose Submission receives the highest combined score via an application of the Judging Criteria will be the potential Grand Prize winner. If not a potential Grand Prize winner, then the entrant whose video, photo or essay Submission receives the highest score via an application of the Judging Criteria when compared to all eligible video, photo or essay Submissions received during the Promotion Period will be the respective Video, Photo or Essay Prize winner. In the event of a tie, the entrant whose Submission received the highest score in the "Ability to clearly demonstrate why there is no nonsense between entrant and his/her best friend" category, as determined by the qualified judges in their sole discretion, will be deemed the applicable prize winner. Sponsor reserves the right to select fewer than the stated number of prize winners, if, in its sole discretion, it does not receive a sufficient number of eligible and qualified Submissions.
7. Winner Requirements: Potential winners will be notified by mail, email or phone on or around March 2, 2009. The potential Grand Prize winner (parent/legal guardian if a minor in his/her state of residence) will be required to execute and return to Administrator, within ten (10) days of the date notice or attempted notice is sent, an Affidavit of Eligibility, Liability & Publicity Release (“Affidavit”) in order to claim his/her prize. If a potential winner of any prize cannot be contacted within a reasonable time period, fails to execute and return the Affidavit within the required time period (if applicable), is not in compliance with these Official Rules, or prize or prize notification is returned as undeliverable, such potential winner forfeits the prize. If a potential winner is disqualified for any reason, the prize may be awarded to a runner-up, if any, at Sponsor’s sole discretion. Only three (3) alternate winners will be selected through this process, after which the applicable prize will remain un-awarded. Acceptance of any prize shall constitute and signify winner’s agreement and consent that Sponsor and its designees may use the winner’s, name, city, state, likeness, photo, Submission and/or prize information in connection with the Contest for promotional, advertising or other purposes, worldwide, in any and all media now known or hereafter devised, including the Internet, without limitation and without further payment, notification, permission or other consideration, except where prohibited by law. Prizes will be shipped within eight (8) to ten (10) weeks after the conclusion of the Contest.
8. Prizes: ONE (1) GRAND PRIZE: A trip for two (2) (winner and a travel companion) to New York, NY. Trip package includes roundtrip, coach-class air transportation for two (2) from a major U.S. gateway airport near winner’s home (determined by Sponsor in its sole discretion) to New York, NY; three (3) nights' accommodations at a hotel of Sponsor's choice (single room, double occupancy); $2,500 in American Express gift cards; roundtrip transportation between airport and hotel (method of transportation determined by Sponsor in its sole discretion); and a style makeover for winner and winner's companion (includes a free consulation with a professional stylist and a professional hair and make-up service for the winner and companion). Winner must complete the trip within one (1) year from the drawing date or prize will be forfeited. Trip must be booked at least twenty-one (21) days prior to departure. Trip subject to availability and blackout dates. Travel must be roundtrip. Sponsor will determine airline and flight itinerary in its sole discretion. No refund or compensation will be made in the event of the cancellation or delay of any flight. Travel and accommodations are subject to availability. Travel is subject to the terms and conditions set forth in this Contest, and those set forth by the Sponsor’s airline carrier of choice as detailed in the passenger ticket contract. All expenses and incidental travel costs not expressly stated in the package description above, including but not limited to, ground transportation, meals, incidentals, passenger tariffs or duties, surcharges, airport fees, service charges or facility charges, personal charges at lodging, security fees, taxes or other expenses are the responsibility solely of winner. Unless child of winner, travel companion must be eighteen (18) years of age or older as of the date of departure and must travel on same itinerary and at the same time as the winner. If winner is a minor in his/her state of residence, travel companion must be winner’s parent/legal guardian. Travel companion must execute liability/publicity releases prior to issuance of travel documents. Travel restrictions, conditions and limitations may apply. If in the judgment of Sponsor air travel is not required, due to winner’s proximity to prize location, ground transportation will be substituted for roundtrip air travel at Sponsor’s sole discretion. Sponsor will not replace any lost, mutilated, or stolen tickets, travel vouchers or certificates. Sponsor is not responsible if makeover is delayed, postponed or cancelled for any reason, in which event that portion of prize is forfeited in its entirety and no substitution will be provided except as in Sponsor’s sole discretion. Approximate Retail Value (“ARV”): $10,000. Actual value may vary based on airfare fluctuations and distance between departure and destination. Winner will not receive difference between actual and approximate retail value.
THREE (3) FIRST PRIZES (One (1) for the Video Prize winner, one (1) for the Photo Prize winner and one (1) for the Essay Prize winner): A $250 gift credit for use nononsense.com and a $250 cash gift card for a shopping spree anywhere where card is accepted. ARV: $500.
For All Gift Cards and Credits: Terms and conditions of gift cards apply. The nononsense.com credit will expire within one (1) year of date of issuance.
For All Prizes: Each prize is non-transferable and no substitution or cash redemption will be permitted unless Sponsor, in its sole discretion, determines otherwise. Sponsor reserves the right to substitute a prize (or portion thereof) with one of comparable or greater value, at its sole discretion. Winners are responsible for all federal, state and local taxes and any other costs, expenses or fees associated with prize acceptance and/or use not specified herein as being provided. Limit: One (1) prize per person. All prize details are at Sponsor’s sole discretion.
9. Special Offer: The first fifteen thousand (15,000) entrants who upload a valid Submission in the Contest will receive two (2) free pairs of No nonsense breathable socks. Special Offer will be valid while supplies last. Special Offer will be shipped within six (6) to ten (10) weeks of the conclusion of the Contest. ARV: $10.
10. Release: By participating, entrant agrees to release and hold harmless the Sponsor, Kayser-Roth, 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.
11. General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Contest, or any part of it, if any fraud, technical failures or any other factor impairs the integrity or proper functioning of the Contest, as determined by Sponsor in its sole discretion. If terminated Sponsor may, in its sole discretion, determine the winners from among all non-suspect, eligible Submissions received up to time of such action using the judging procedure outlined above. Sponsor, in its sole discretion, reserves the right to disqualify any individual it finds to be tampering with the Submission process or the operation of the Contest or to be acting in violation of these Official Rules or those of any other promotion or in an unsportsmanlike or disruptive manner and void all associated Submissions. 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 and other remedies (including attorneys’ fees) 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.
12. Limitations of Liability: Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrant, printing, typographical or other errors or by any of the equipment or programming associated with or utilized in the Contest; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the Submission process or the Contest; (4) printing, typographical, technical, computer, network or human error which may occur in the administration of the Contest, the uploading, the processing or judging of Submissions or votes or the tabulating of votes, the announcement of the prizes or in any Contest-related materials; (5) late, lost, undeliverable, damaged or stolen mail; or (6) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Contest or receipt or use or misuse of any prize (including any travel/activity related thereto). Released Parties are not responsible for misdirected or undeliverable Submissions or for any technical problems, malfunctions of computer systems, servers, providers, hardware/software, lost or unavailable network connections or failed, incomplete, garbled or delayed computer transmission or any combination thereof. Released Parties are not responsible for any unauthorized third party use of any Submission.
13. Disputes: Except where prohibited, entrant agrees 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, and exclusively by the United States District Court for the Eastern District of Michigan (Southern Division) or the appropriate Michigan State Court located in Oakland County, Michigan; (2) 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 (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives 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. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of Michigan without giving effect to any choice of law or conflict of law rules (whether of the State of Michigan or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Michigan.
14. Entrant's Personal Information: Information collected from entrant is subject to ePrize, LLC’s Privacy Policy (http://www.eprize.com/privacy/privacypolicy.html) and Sponsor’s Privacy Policy (http://www.nononsense.com/privacy.aspx).
15. Winners’ List: Winner List requests will only be accepted after the promotion end date (listed above) and no later than June 2, 2009. For the Winner List, send an email with subject line: "M – No nonsense Between Friends Contest, Winner List Request,” to WinListRequests@eprizefulfillment.com.
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