nononsense.com Between Friends People's Choice Awards Terms

About Vote For Your Favorite Terms and Conditions

No nonsense People's Choice

OFFICIAL RULES

NO PURCHASE NECESSARY TO ENTER OR WIN

1. Eligibility: The No nonsense People's Choice (the “Promotion”) consists of a contest (the "Contest") and a sweepstakes (the "Sweepstakes"). The Contest component of the Promotion is open to persons who (a) submitted a video, photo or essay in the No nonsense Between Friends Promotion, (b) received an email from Sponsor inviting you to opt-in to the No nonsense People's Choice Contest; (c) have opted-in to the Contest portion of this Promotion by May 19, 2009 and (d) who have been selected by the qualified judges as one of the top ten (10) entries for a monthly Entry Period (as defined in Section 4, below). The Sweepstakes component of the Promotion 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. Employees of Plaid Skirt Marketing, Garage Branding, Data Architect, 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 Promotion 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 Promotion 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 Promotion. Winning a prize is contingent upon fulfilling all requirements set forth herein.

4. Timing: The Promotion begins on June 1, 2009 at 12:00 a.m. Eastern Time ("ET"), ends on December 31, 2009 at 11:59 p.m. ET (the "Promotion Period") and consists of six (6) monthly entry periods, each a calendar month in length. Non-winning entries do not carry over to subsequent Entry Periods. Kayser-Roth's computer is the official time-keeping device for the Promotion.

5. How to Enter:

Contest: Before the Promotion Period, Sponsor will send the contestants who submitted a video, photo or essay that scored in the top ten percent (10%) from the No nonsense Between Friends Contest an email asking them if they would like the opportunity to enter the Contest component of this Promotion. Each contestant who receives and responds to the Sponsor sent email will be a semi-finalist. If you receive an email and would like to enter the Contest, follow the instructions to respond to the email and opt-in to the Contest. Before each Entry Period and from amongst all contestants who opted-in to this Contest, the qualified judges will select the ten (10) entrants who will advance to public voting for the respective Entry Period based on the following 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 Promotion theme of No nonsense between friends (40%)

The ten (10) contestants whose entries from the No nonsense Between Friends Contest receives the highest combined score via an application of the Judging Criteria (each a "Finalist") will advance to public voting that will occur during each Entry Period and will be eligible to win the Entry Period's Contest Prize. In the event of a tie, the contestants 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 Finalist. Sponsor reserves the right to select fewer than the stated number of Finalists, if, in its sole discretion, it does not receive a sufficient number of eligible and qualified contestants for consideration.

Sweepstakes: During the Promotion Period, visit http://www.nononsense.com and follow the links and instructions to register or log into your Nononsense.com account ("Account"). Creating an account is free. Once logged into your Account, follow the links and instructions to be directed to a voting page. Vote for the contestant who is your favorite to receive one (1) entry into the drawing for the Entry Period corresponding with the date you voted. Limit: You may enter one (1) time per day per Entry Period. Multiple entrants are not permitted to share the same email address. Any attempt by any entrant to obtain more than the stated number of entries by using multiple/different email addresses, identities, registrations and logins, or any other methods to enter or vote will void that entrant's entries and that entrant may be disqualified. Use of any automated program to enter will result in disqualification. Sponsor is not responsible for lost, late, incomplete, invalid, unintelligible or misdirected registrations or votes, which will be disqualified. In the event of a dispute as to any online entry, the authorized account holder of the email address used to enter will be deemed to be the entrant. Potential winners may be required to show proof of being the authorized account holder. 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.

6. Winner Determination:

Contest: During each Entry Period, the Finalists will be posted in an online gallery for public voting at http://www.nononsense.com. Individuals who meet the eligibility criteria set forth in Section 1 will be invited to vote for their favorite Finalist. Limit: Each entrant may vote one (1) time per day per Entry Period. The Finalist who receives the highest number of votes during an Entry Period will be the potential Contest Prize winner for that Entry Period. In its sole discretion, Sponsor reserves the right to select an alternate Contest Prize winner should the voting appear to have been tampered with or manipulated in any way. In case of a tie, the Sponsor, in its sole discretion, will select the applicable Contest Prize winner based on an application of the Judging Criteria. Each potential Contest Prize winner will be notified by mail, email or phone on or around the second Monday following the conclusion of the respective Entry Period.

Sweepstakes: Sponsor's decisions as to the administration and operation of the Sweepstakes and selection of potential Sweepstakes Prize winners are final and binding in all matters related to the Sweepstakes. Administrator will randomly select the potential Sweepstakes Prize winners from all eligible entries during each Entry Period on or around the second Monday following the conclusion of the respective Entry Period and will notify each potential winner by mail, email or phone at that time.

7. Winner Requirements: If a potential winner of any prize cannot be contacted within a reasonable time period, is not in compliance with these Official Rules, 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 the applicable process as set forth in Section 6, 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 Promotion 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 Promotion.

8. Prizes: SIX (6) CONTEST PRIZES (one (1) Contest Prize per Entry Period): A $100 gift credit for nononsense.com. Approximate Retail Value ("ARV"): $100.

SIX (6) SWEEPSTAKES PRIZES (one (1) Sweepstakes Prize per Entry Period): A $50 gift credit for nononsense.com. ARV: $50. The odds of winning a Sweepstakes Prize depend on the number of eligible entries received for each Entry Period.

For All Gift 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. Release: By participating, entrant agrees to release and hold harmless the Sponsor, Kayser-Roth, Plaid Skirt Marketing, 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 Promotion or receipt or use or misuse of any prize.

10. General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Promotion, or any part of it, if any fraud, technical failures, human failure, unforeseen circumstance or any other factor impairs the integrity or proper functioning of the Promotion, 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 Promotion 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 Promotion 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.

11. 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 Promotion; (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 Promotion; (4) printing, typographical, technical, computer, network or human error which may occur in the administration of the Promotion, the uploading, the processing or judging of Submissions or votes or the tabulating of votes, the announcement of the prizes or in any Promotion-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 Promotion 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. If for any reason an entrant's Sweepstakes entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another entry in the Sweepstakes, provided that, if it is not possible to award another entry due to discontinuance of the Sweepstakes, or any part of it, for any reason, Sponsor, in its sole discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any or all of the Sweepstakes Prizes offered herein. No more than the stated number of prizes will be awarded. In the event that production, technical, seeding, programming or any other reasons cause more than the stated number of prizes as set forth in these Official Rules to be available and/or claimed, Sponsor reserves the right to award only the stated number of prizes by a random drawing among all legitimate, un-awarded, eligible prize claims.

12. Disputes: Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Promotion 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 Promotion, 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 Promotion, 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.

13. 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).

14. Winners’ List: Winner List requests will only be accepted after the promotion end date (listed above) and no later than May 11, 2010. For the Winner List, send an email with subject line: "No nonsense People's Choice, Winner List Request,” to WinListRequests@eprizefulfillment.com.