Create More Birthdays Contest & Sweepstakes Rules
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT WILL NOT IMPROVE YOUR CHANCES OF WINNING.
OPEN TO LEGAL RESIDENTS OF, AND RESIDING WITHIN, THE 50 UNITED STATES OR DISTRICT OF COLUMBIA, WHO AS OF DATE OF ENTRY ARE AT LEAST EIGHTEEN (18) YEARS OF AGE OR THE AGE OF MAJORITY IN THEIR STATE OF RESIDENCE, WHICHEVER IS GREATER.
BE SURE TO CAREFULLY READ THESE OFFICIAL RULES AS BY ENTERING YOU WILL BE BOUND BY THEM.
1. ELIGIBILITY: Entry into the American Cancer Society's "Create More Birthdays Contest ("Contest") & Sweepstakes ("Sweepstakes"), hereinafter collectively referred to as the "Promotion" is offered and open only to legal residents of, and residing within, the 50 United States or District of Columbia who, as of the date of entry, are at least eighteen (18) years of age or the age of majority in their state of residence, whichever is greater. Employees, officers and directors of the American Cancer Society, Inc. (hereinafter referred to as either the "Sponsor" or "ACS"), its affiliate organizations, advertising/promotion/and web agencies, including Brodeur Partners, Votigo, Inc, The Martin Agency, Vanguard Entertainment Group, Footsteps, Mercury Promotions & Fulfillment, Inc. ("Mercury"), and Shutterfly, Inc., including its subsidiary, Tiny Prints, LLC ("Shutterfly") (collectively, "Sponsor & Others"), and their immediate family members (e.g., spouse, siblings, parents, children, and the "steps" of each, regardless of where they live) or members of the same households (whether related or not) of such employees, officers and directors are not eligible to enter or win. Note: Unpaid volunteers of Sponsor and its affiliated organizations are eligible to participate.
2. BRIEF OVERVIEW OF THE PROMOTION:
The Promotion starts 6/23/11 at 12:00 A.M., ET and is scheduled to end 8/2211 at 11:59:59 P.M., ET ("Promotion Period"). The dates for each portion of the Contest and Sweepstakes are stated below in Rules 5 and 7. The Promotion provides the opportunity for eligible entrants to support Sponsor's "More Birthdays" movement dedicated to creating a world with less cancer and more birthdays by creating a "Happy Birthday" message ("Entry"), either in the form of a music video (the "Music Video Category") or in the form of graphic art (the "Art Category"), that was inspired by one (1) of Sponsor's nine (9) life-saving facts in the fight against cancer as described in more detail in Rule 3 below. The requirements for Entries are set forth in Rule 3 below. All Entries must be in compliance with these Official Rules as stated herein or they will be disqualified. All Entries must be submitted no later than 7/24/11 at 11:59:59 P.M., ET ("Contest Entry Period"). All Entries become the property of Sponsor and will not be returned.
The Contest will consist of two (2) Rounds of selection. In Round One of the Contest, the five (5) Finalist Entries in each category that have received the highest number of public votes and the one (1) Finalist Entry in each category that has received the highest score from a panel of judges qualified in that category will be deemed the six (6) Finalist Entries in each respective category. The Finalist Entry in the Music Video Category and the Entry in the Art Category that has received the highest number of eligible public votes in Round Two of the Contest will be deemed to be the Contest Grand Prize Winner in the respective category, pending verification. Eligible members of the public can cast one (1) vote each day for each of their favorite Entries. The first vote cast each day will earn a voter one (1) entry into the random drawing Sweepstakes, to be held after the conclusion of the Contest Voting Period, for a chance to be one (1) of five (5) Sweepstakes Winners. Regardless of the number of votes a voter casts each day, s/he will only receive a total of one (1) Sweepstakes entry.
Limit: A total of one (1) Entry per individual regardless of email address used; and a total of one (1) vote per individual per Entry per day regardless of email address used. Only the first vote cast each day by an eligible voter will earn the voter a Sweepstakes entry. Limit: Only one (1) Prize per individual or household address throughout the Promotion, regardless of email address used and regardless of whether it is a Contest or Sweepstakes Prize.
HOW TO ENTER THE CONTEST: I HAVE READ, UNDERSTAND AND AGREE THAT BY ENTERING THIS CONTEST I WILL COMPLY WITH AND BE BOUND BY THESE OFFICIAL RULES. SIMILARLY, IF I AM ENTERING IN THE CAPACITY OF "GROUP REPRESENTATIVE", IN ADDITION TO MY AGREEING THAT I PERSONALLY WILL COMPLY AND BE BOUND BY THESE OFFICIAL RULES, I ALSO ACKNOWLEDGE AND AGREE THAT EACH MEMBER OF MY GROUP WILL COMPLY WITH AND BE BOUND BY THESE OFFICIAL RULES.
Regardless of whether your Entry will be in the Music Video or Art Category, in order to enter you must go to http://my.morebirthdays.com (the "Website") and enter all of the required information requested on the Registration Form, including your name; email address; password you have created; and regardless of whether you are entering a Music Video or Art Category Entry, the ACS life-saving fact in the fight against cancer that inspired your Entry to help create a world with less cancer and more birthdays*, etc. You must then confirm that you have read, understand and agree to be bound by these Official Rules, etc. and carefully follow the instructions to upload and submit your Contest Entry as stated in more detail in (B) and (C) below.
*The nine (9) ACS life-saving facts you may choose from consist of:
(i) We give free lodging and support for cancer patients in treatment.
(ii) WE'VE BEEN PART OF NEARLY EVERY CANCER RESEARCH BREAKTHROUGH.
(iii) OUR VOLUNTEERS DRIVE THOUSANDS OF CANCER PATIENTS TO TREATMENT.
(iv) THERE ARE 11 MILLION CANCER SURVIVORS, BUT WE CAN'T STOP THERE.
(v) WE FIGHT FOR SMOKE-FREE COMMUNITIES ACROSS THE COUNTRY.
(vi) THE PROGRESS WE'RE MAKING AGAINST CANCER HELPS SAVE 350 LIVES A DAY.
(vii) RESEARCH THAT WE SUPPORT HAS HELPED MORE CHILDREN SURVIVE CHILDHOOD LEUKEMIA.
(viii) WE FIGHT FOR MILLIONS OF WOMEN TO GET THE CANCER SCREENINGS THEY NEED.
(ix) OUR PROGRAMS HELP GUIDE CANCER PATIENTS THROUGH EVERY STEP OF THEIR JOURNEY.
REVIEW YOUR ENTRY PRIOR TO SUBMITTING IT; ONCE YOU HAVE SUBMITTED YOUR ENTRY, YOU MAY NOT MAKE ANY CHANGES, EDITS OR MODIFICATIONS TO IT.
(B): MUSIC CATEGORY ENTRY: A Music Video Category Entry ("Music Entry") may be created and submitted either (i) by you individually or (ii) by you and up to maximum of seven (7) of your friends and/or relatives who are amateur musicians ("Group"). In no event may your Group consist of more than eight (8) members, including yourself. Each member of your Group must meet the eligibility criteria and be in compliance with these Official Rules; however, an individual who does not meet the age requirements stated in Rule 1 may be a member of the Group provided his/her parent/legal guardian is a member of the Group. Be sure that each member of your Group has carefully read these Official Rules as by entering, each of them will be bound by them. Additionally, each Group Member will be deemed to have made or agreed to each obligation, representation, warranty, release, indemnification, assignment, grant or waiver that is required in these Official Rules and will be deemed to have authorized you to act on his/her behalf, to be the Group's point of contact ("Group Representative") and to bind him/her in all matters pertaining to this Promotion. No individual may be a member of more than one Group throughout the Promotion.
MUSIC ENTRY CONTENT & REQUIREMENTS:
Music Entry Content must include an original video vocal performance and/or a musical rendition of the "Happy Birthday to You" song created and performed by you or your Group. Your Entry shall be a general birthday message and may include the first name(s) of a specific individual(s). The following authorized lyrics ("Authorized Lyrics") must be included:
Happy birthday to you,
Happy birthday: (insert the words "To You"; or "Dear first name(s) of person(s) whose birthday(s) you are celebrating")*
Happy birthday to you."*
* It will be solely your responsibility to obtain the prior consent of any living person(s) whose birthday you are celebrating and first name you are mentioning and, upon request, to provide Sponsor with a written copy of such consent.
Any musical style or genre is acceptable as is the use of any musical instrument. Entries must be in video form with a visual performance and audible sound. Entries that contain only audio performances or renditions not submitted in a video form will be rejected as further indicated in the music video technical requirements below. Only you and members of your Group may appear in the Music Entry. Other than the "Happy Birthday to You" song Authorized Lyrics referenced above, the lyrics and music performed in the Entry must be entirely your or a member of your Group's original creation and neither the lyrics nor the music may have won any previous or other contests or promotions. No lip synching or post-production voice enhancement of the Entry is permitted. Any Entry not in conformance with these requirements will be rejected and ineligible to compete in the Contest. The lyrics must be entirely in English. The technical requirements include: The Entry must be between :25 and :45 seconds in length. The Entry also must not exceed 100 MB (file size) and must be submitted in one of the following acceptable file formats: AVI, MOV, WMV, MP4, MPEG, FLV, 3GP or 3G2.
(C) ART ENTRY CONTENT & REQUIREMENTS: An Art Entry shall be solely your own original creation and submitted solely by you and must not have won any previous or other contests or promotions. Art Entry submissions must be two-dimensional in format and capable of being reproduced in a two-dimensional print format, including paintings, illustrations, computer-generated graphic design, photographs, etc. No video or three-dimensional submissions are allowed. If your Art Entry includes the name, photograph, likeness of or reference to any third party, you must obtain the express written permission from such individual (or, if the third party is deceased, that of his/her legal representative) for the use of such individual's name, photograph, or likeness. The Entry may not exceed 5MB (file size) and must be submitted in .gif, .jpg, or .jpeg format.
(D) POSTING ON WEBSITE:
After your Entry has been submitted and received, you will receive an email confirming receipt of your Entry and notification that it is being initially reviewed prior to posting on the Website. Within 24 - 48 business hours after an Entry's initial review, it may be posted for public viewing and voting. The initial review and posting of an Entry on the Website does not constitute Sponsor's or its representative's decision or agreement that the Entry is in compliance with these Official Rules and Sponsor reserves the right to remove the Entry's posting and disqualify the Entry at any such time that Sponsor determines the Entry or any Group Member does not comply with these Official Rules.
(E) GENERAL: In addition to complying with the requirements stated above, your Entry must be in strict compliance with the provisions of Rule 4 below or it may be disqualified and ineligible to compete in the Contest YOU may only submit only one (1) Entry throughout the Contest regardless of the email address you use. Your Entry or attempted Entry of more than one (1) Entry is not allowed and will result in disqualification of all subsequent Entries. Entries become the property of Sponsor and will not be returned.
4. ENTRY CONTENT & REQUIREMENTS APPLICABLE TO BOTH MUSIC AND ART ENTRIES:
(A) REFERENCE TO THIRD PARTIES: The Entry may not, either explicitly or implicitly, name, identify, refer or allude to the names or likeness(es) of any third parties (except as permitted in Rule 3(B)1 and 3(C) above, unless you or a Group Member has secured the express written permission for the use of their names, identities, etc. in the Entry from such individual(s) or the individual's legal representative(s) and you are able to provide Sponsor with such written permission upon Sponsor's request. If any such third parties are minors in their state of residence and neither you nor a Group Member are their parent or legal guardian, you must have the express written permission for such usage in the Entry from the minor's parent, legal guardian or legal representative and be able to provide Sponsor with such written permission upon Sponsor's request.
(B) PROPRIETY OF ENTRY CONTENT: WITH THE EXCEPTION OF SPONSOR, ITS LOGOS AND BRANDS, AN ENTRY must not mention, show, depict, refer or otherwise allude to the name or logo of any manufacturer, brand, product, person, company, entity or character nor may it contain, mention, refer or otherwise allude to any obscene, lewd, violent, illegal, offensive, disparaging or inappropriate words, abbreviations, language, signs, symbols, political, personal and/or religious references or statements, (including but not limited to words or symbols that are widely considered offensive to individuals of a certain race, ethnicity, religion, sexual orientation or socioeconomic group). Additionally, an Entry must not promote alcohol, illegal drugs or tobacco (or the use of any of the foregoing), any violent or otherwise inappropriate behavior, or in any way reflect negatively upon the Sponsor or Sponsor's products as determined by Sponsor in its sole discretion. As stated previously, the posting of an Entry on the any website connected with this Promotion does not mean the Entry has been deemed to be in compliance with these Official Rules. Sponsor reserves the right at any time during the Contest to remove the posting of an Entry that Sponsor determines, in its sole discretion, does not comply with these Official Rules or that otherwise contains prohibited or inappropriate content and in the event of such removal, the Entry will be disqualified and will not be eligible to compete for or to receive any Contest or Sweepstakes Prize.
(C) REPRESENTATIONS/ WARRANTIES AS CONDITIONS OF ENTRY: By registering, uploading and submitting an Entry, the following representations and warranties are made by you individually, or if you are a Group Representative, both individually and on behalf of each Group Member, that: (i) each of you have/has the legal capacity to enter this Contest; (ii) you own all rights and title to the Entry and the Entry, excluding the Authorized Lyrics, is solely your own or a Group Member's original work; (iii) the Entry does not infringe the intellectual property, privacy, publicity rights or any other legal or moral rights of any third party; (iv) the Entry has not won previous contests or awards and (v) you have obtained permission from each person who has in any way participated in or whose efforts have in any way contributed to the creation of or is named, mentioned, identified, referred or alluded to, or performs in the Entry and that such person(s) have granted you all necessary rights regarding use of the Entry, additionally, and you can and will make written copies of such written permissions available to the Sponsor upon request.
(D) GRANTS/WAIVERS: By submitting an Entry for the opportunity to win this Contest, as applicable, you individually and on behalf of each of your fellow Group Members, if applicable, irrevocably grant Sponsor, Shutterfly and their affiliates, legal representatives, assigns, subsidiaries, agents and licensees, an assignment of all the rights, title and interest in the Entry that you possess and the unconditional, unlimited and perpetual right and permission to copy, transmit, publish, post, broadcast, display, adapt, exhibit, reproduce, encode, store, and/or otherwise use, reuse, or not use the Entry or any portion of the Entry, as edited/modified in any way by the Sponsor, in its sole discretion in this Contest in any and all media without limitation, worldwide and throughout perpetuity, without additional compensation, notice to, or approval from you or any of Group Members. AS APPLICABLE, YOU OR YOU AS THE GROUP REPRESENTATIVE ON BEHALF OF EACH OF YOUR GROUP MEMBERS, REPRESENT, UNDERSTAND AND ACKNOWLEDGE THAT YOU WILL NOT BE PAID FOR OR RECEIVE ANY FORM OF COMPENSATION OR ROYALTY FROM SPONSOR & OTHERS IN EXCHANGE FOR GRANTING SPONSOR THESE RIGHTS OR FOR ANY SUBSEQUENT USE OF SUCH ENTRY OR PORTION OF IT BY SPONSOR OR SHUTTERFLY, INCLUDING SHUTTERFLY'S SUBSIDIARIES,, REGARDLESS OF SUCH USE OTHER THAN ANY PRIZE THAT MAY BE AWARDED AND RECOGNITION ACCORDED TO YOU, AND YOUR GROUP MEMBERS AS A CONTEST WINNER. You, both, individually and as applicable, on behalf of your Group Members, hereby waive all intellectual property rights, privacy/publicity rights or other legal or moral rights that might limit or preclude Sponsor's use of your Entry and agree not to sue or assert any claim against Sponsor & Others arising out of or connected to the use or re-use of the Entry, a portion thereof or your participation in this Contest.
(E) INDEMNIFICATION/RELEASE: By submitting your Entry, you, individually, or as a Group Representative, on behalf of each of your Group Members, agree to indemnify and hold Sponsor & Others harmless from any and all claims, damages, expenses, costs (including reasonable attorneys' fees) and liabilities (including settlements), brought or asserted by any third party against any of them due to or arising out of your Entry or any portion of it, your and, as applicable, your Group Members' conduct in creating the Entry or other actions in connection with this Contest, including but not limited to claims for trademark infringement, copyright infringement; work product, violation of an individual's right of publicity or right of privacy; or defamation. You, both individually and on behalf of your Group Members if you are a Group Representative, further agree to release and hold harmless Sponsor & Others from any and all claims that any advertising or other materials subsequently produced, presented, and/or prepared by or on behalf of Sponsor infringes your rights with regard to the Entry or any portion thereof.
5. SELECTION OF THE CONTEST WINNER:
(A) Round One Submission & Voting Period - Selection of (6) Finalist Entries in Each Category: Within 24-48 business hours after an Entry's receipt and initial review by Sponsor and/or its representatives, the Entry will be posted on the Website for public viewing and voting and, as described below, review by a panel of qualified judges, commencing on or about 6/23/11 at 12:00 A.M., ET through 7/24/11 at 11:59:59 P.M., ET, i.e. the Round One Submission & Voting Period ("Round One"). During Round One, any individual meeting the eligibility requirements stated in Rule 1 who has successfully registered to participate in the Promotion ("eligible voter") above may cast a total of one (1) vote each calendar day for his/her favorite Entry(ies) regardless of the email address used, after viewing the posted Entries and following the voting instructions. Voters should take the following factors into consideration when voting for their favorite Entries: originality; creativity; inspirational quality and suitability to theme. NOTE: Limit: A voter is limited to a total of one (1) vote each calendar day for each of his/her favorite Entries. Regardless of the number of Entries the voter casts a vote for each day, only the first vote cast each day will earn the voter an entry into the Sweepstakes . See Rule 7 below for more detailed information regarding the Sweepstakes. A total of six (6) Finalist Entries in each category will be selected; i.e. five (5) Finalist Entries in each category will be selected by public voting and one (1) Finalist Entry in each category will be selected by a panel of judges qualified in the respective category. (i) Five (5) Finalists in Each Category Selected By Public Voting:The five (5) Entries in the Music Category and the five (5) Entries in the Art Category that have received the highest number of eligible votes as determined by public voting during Round One will be deemed to be the five (5) Finalist Entries in their respective category. In the event that public voting in Round One results in a tied vote among two (2) or more Entries in a respective category, a random drawing will be conducted by Mercury on or about 7/26/11 among the tied public voting Entries in that category to break the tie and to determine the five (5) potential public voting Finalist Entries in that category. (ii) One (1) Finalist in Each Category Selected By Panel of Qualified Judges: One (1) Finalist in each category will be selected by a panel of judges qualified in that category who will judge each Entry based on the following criteria: (a) Originality and Creativity - 50%; and (b) Relevance to More Birthdays theme of the Promotion. In the event that the judge's voting results in a tie among two (2) or more Entries in a respective category, a random drawing will be conducted by Mercury on or about 7/26/11 among the tied judged Entries to determine the one (1) Finalist Entry in that category selected by a panel of qualified judges. Mercury's decisions shall be final and binding. The submitters of the Finalist Entries will be notified on or about 7/26/11 by email and/or phone. They will receive and be required to sign and return an Affidavit of Eligibility/Compliance & Publicity/Liability Release and such other documents as may be requested by Sponsor (collectively referred to as the "Documents") by 8/2/11 in order to continue to compete in the Contest. Failure by a submitter to promptly return the Documents will result in forfeiture of the Entry as a Finalist Entry and may result in the selection of the Entry in the respective category that received the next highest number of eligible votes as the potential Finalist Entry in that respective category. On or about 8/3/11, the six (6) Finalists in each category will be announced and posted on the Website, subject to verification of compliance with these Official Rules
(B) Round Two Voting Period - Selection of the Contest Grand Prize Winner in Each Category. On or about 8/3/11 at 12:00 A.M., ET, the six (6) Finalist Entries in the Music Category and the six (6) Finalist Entries in the Art Category will be posted on the Website through 8/22/11 at 11:59:59 P.M., ET for public viewing and voting ("Round Two"). An eligible voter may cast a total of one (1) vote each calendar day for each of his/her favorite Entries, regardless of the email address used, after viewing the posted Entries and following the voting instructions. Voters should take the following factors into consideration when voting for their favorite Entries: originality; creativity; inspirational quality and suitability to theme. NOTE: Limit: A voter is limited to a total of one (1) vote each calendar day for each of the voter's favorite Entries. Regardless of the number of Entries the voter casts a vote for each day, only the first vote cast each day will earn the voter an entry into the Sweepstakes . The one (1) Entry in the Music Category and the one (1) Entry in the Art Category that has received the highest number of eligible votes during Round Two will be deemed to be the potential Contest Grand Prize Winners in their respective category. In the event that public voting in Round Two results in a tied vote among two (2) or more Entries in a respective category, a random drawing will be conducted by Mercury on or about 8/23/11 among the tied Entries in that category to break the tie and to determine the potential Grand Prize Contest Winner in that category. Mercury's decisions shall be final and binding. The submitters of the potential Grand Prize Entries will be notified on or about 8/23/11 by email and/or phone. They will receive and be required to sign and return certain Documents designated by Sponsor by 8/30/11. Failure by a submitter to promptly return the signed Documents will result in forfeiture of the Entry as the Grand Prize Entry and may result in the selection of the Entry in the respective category that received the next highest number of eligible votes as the potential Grand Prize Entry in that respective category. On or about 8/31/11, the one (1) Grand Prize Entry in each category will be announced and posted on the Website, subject to verification of compliance with these Official Rules.
6. CONTEST PRIZES:
FINALISTS' PRIZES (12/6 WINNERS PER CATEGORY): Twelve (12) Finalist Winners will each receive a More Birthdays Gift Pack consisting of the following More Birthdays themed items featuring artistic designs by one or more famous artists: Tiny Prints birthday card gift pack (1 at ARV: $100); 2' x 3' Limited Edition Numbered Print on 80 lb. paper (1 at ARV: $75); 2' x 3' Posters on glossy 80 lb. paper (2 at ARV: $40); Sheets of gift wrap with design printed on one side (3 at ARV: $45) T-shirts (2 at ARV: $39.98) (ARV each Gift Pack Prize: $299.98; Total ARV of all Gift Packs: $3,599.76).PLUS exposure of his/her/their Entry in certain of Sponsor's advertising and media communications promoting the Promotion. All Prizes will be awarded provided there are a sufficient number of eligible Entries. No more Prizes will be awarded than are stated herein. If a Music Category Finalist Prize is won by a Group, it shall be solely the responsibility of the Group Representative and not of Sponsor to determine who shall receive the Prize or how the Prize should be apportioned.
GRAND PRIZES (2/1 WINNER PER CATEGORY):
(A) Music Category:
The Grand Prize Winner in the Music Category will receive, in addition to a Finalist Prize, the prestige and recognition of his/her Entry being featured by Sponsor in the following ways, at Sponsor's discretion, to help raise public awareness and funds for the fight against cancer:
(i.) Music Video will be included in Sponsor's "More Birthdays" 2011 and/or 2012 online advertising campaign for the duration of the campaign, or such other timeframe as determined by Sponsor. Sponsor reserves the right to edit length of music video, or otherwise modify, for inclusion in the advertising campaign.
(ii.) Exposure of, or about, his/her/their Entry in certain of Sponsor's advertising and media communications, including but not limited to Sponsor's YouTube Channel, social media networks, press releases, or other forms of media and public relations.
(iii.) Music Video may also be produced into a range of other ACS birthday merchandise products and/or digital assets made available for public purchase and/or electronic download at WWW.MOREBIRTHDAYS.COM.
(iv.) Music Video will be added to the More Birthdays gallery at WWW.MOREBIRTHDAYS.COM alongside other More Birthdays music videos from some of the biggest names in art and entertainment.
(Total ARV: Incalculable).
(B) Art Category:
The Grand Prize Winner in the Art Category, in addition to receiving a Finalist Prize, will have the prestige and recognition of his/her Entry being featured by Sponsor in the following ways, at Sponsor's discretion, to help raise public awareness and funds for the fight against cancer:
(i.) Artistic Design will be included in the More Birthdays Tiny Prints greeting card collection made available for public purchase and electronic download at WWW.TINYPRINTS.COM.
(ii.) Exposure of, or about, his/her/their Entry in certain of Sponsor's advertising and media communications, including but not limited to Sponsor's YouTube Channel, social media networks, press releases, or other forms of media and public relations.
(iii.) Artistic Design may also be produced into a range of other ACS birthday merchandise products and/or digital assets made available for public purchase and/or electronic download at WWW.MOREBIRTHDAYS.COM.
(iv.) Artistic Design will be added to the More Birthdays gallery at WWW.MOREBIRTHDAYS.COM alongside other More Birthdays artwork from some of the biggest names in art and entertainment.
(Total ARV: Incalculable).
Grand Prize Winners are not and will not be entitled to share in any of the proceeds from the sale of ACS and/or Tiny Prints merchandise, products or digital assets, More specifically, the Grand Prize Winner in the Art Category acknowledges and agrees that Shutterfly may, at its option, offer the Grand Prize Winner's Art Entry for public purchase on WWW.TINYPRINTS.COM or through other channels, including retail sale and that the Grand Prize Winner is not and will not be entitled to share in any of the proceeds from the sale of said greeting cards, merchandise, products or digital assets. Because of the nature of the Grand Prize, it is possible that it will take approximately one (1) year from confirmation of the Grand Prize Winners for fulfillment of the Grand Prize.
NOTE: As stated above, the potential Finalist and Grand Prize Contest Winners (collectively, "Contest Winners") are subject to verification of eligibility and compliance with these Official Rules and execution, by each of them, the required Documents and any other such other documents as may be reasonably requested by Sponsor in order to irrevocably assign and transfer to Sponsor any and all rights, title and interest in the Entry. These Documents must be properly signed by each of the above mentioned potential Contest Winners and returned to Sponsor within the stated time period. If the Documents are not properly signed and promptly returned by a Finalist or Grand Prize Winner, the Prize may be forfeited in its entirety and awarded to the Entry with the next highest score in the respective category, as decided by Sponsor in its sole discretion. Sponsor also reserves the right to require confidential background checks of each potential Contest Winner to confirm eligibility as a condition of awarding the respective prize and to help ensure that the use of such individual in advertising or publicity for the Contest/Promotion will not bring Sponsor & Others into public disrepute, contempt, scandal or ridicule or reflect unfavorably on the Contest, as determined by Sponsor in its sole discretion.Entrants agree that the Sponsor has the sole right to decide all matters and disputes arising from this Contest/Promotion and that all decisions of Sponsor are final and binding. Prizes are not redeemable for cash nor are transferrable or substitutable except by Sponsor, in its sole discretion. SPONSOR HAS NO RESPONSIBILITY OR LIABILITY TO ANY GROUP REPRESENTATIVE OR GROUP MEMBER WITH REGARD TO ANY DISPUTE BETWEEN OR AMONG THEMSELVES AND ANY AND ALL SUCH DISPUTES MUST BE SETTLED BETWEEN OR AMONG THE GROUP MEMBERS THEMSELVES. All federal, state and local taxes are solely the responsibility of each Contest Winner.
(A) HOW TO PARTICIPATE: The Sweepstakes portion of this Promotion starts 6/23/11 at 12:00 A.M., ET and is scheduled to end 8/22/11 at 11:59:59 P.M., ET ("Sweepstakes Period"). To enter the Sweepstakes, eligible entrants should go to the Website and follow the instructions to provide and submit all of the required information requested on the Registration Form. An entrant will receive a total of one (1) entry each day during the Sweepstakes Period for the first vote s/he casts regardless of the number of favorite Entries s/he votes for that day and regardless of whether or not a specific voting round in the Contest is then occurring; however any votes cast on a day when a specific voting round is not occurring will have no effect on the voting for Entries.
(B) RANDOM DRAWING/ODDS OF WINNING: After the conclusion of the Contest portion of this Promotion, on or about 8/24/11, a random drawing will be conducted by Mercury to select five (5) potential Sweepstakes Winners from among all eligible entries received. Winners will be notified by email on or about 8/25/11 and posted online on or about 8/31/11. Odds of winning depend upon the number of eligible Sweepstakes entries received.
(C) PRIZES (5): Five (5) Sweepstakes Winners will each receive a More Birthdays Gift Pack consisting of the following More Birthdays themed items featuring artistic designs by one or more famous artists: Tiny Prints birthday card gift pack (1 at ARV: $100); 2' x 3' Limited Edition Numbered Print on 80 lb. paper (1 at ARV: $75); 2' x 3' Posters on glossy 80 lb. paper (2 at ARV: $40); Sheets of gift wrap with design printed on one side (3 at ARV: $45) T-shirts (2 at ARV: $39.98) (ARV each Gift Pack Prize: $299.98; Total ARV of all Gift Packs$1,499.90. Prizes are not redeemable for cash nor are transferrable or substitutable except by Sponsor, in its sole discretion. As stated above, a Contest Winner is not eligible to win a Sweepstakes Prizes.
8. LIMITATIONS OF LIABILITY/RELEASE/ INTERNET: No liability or responsibility is assumed by Sponsor & Others resulting from any user's participation in or attempt to participate in the Promotion or his/her ability or inability to upload or download any information or material in connection with participating in the Promotion. No responsibility or liability is assumed by Sponsor & Others, and you hereby agree to release and discharge Sponsor & Others for all such responsibility and liability, for technical problems or technical malfunction arising in connection with any of the following occurrences which may affect the operation of the Promotion: hardware or software errors; faulty computer, telephone, cable, satellite, network, electronic, wireless or Internet connectivity or other online communication problems; errors or limitations of any Internet service providers, servers, hosts or providers; garbled, jumbled or faulty data transmissions; failure of any e-mail transmissions to be sent or received; lost, late, delayed or intercepted e-mail transmissions; inaccessibility of the Website in whole or in part for any reason; traffic congestion on the Internet or the Website; unauthorized human or non-human intervention of the operation of the Promotion , including without limitation, unauthorized tampering, hacking, theft, viruses, bugs, worms; or destruction of any aspect of the Promotion, or loss, miscount, misdirection, inaccessibility or unavailability of an email account used in connection with the Promotion. Sponsor & Others are not responsible for any typographical errors in these Official Rules, Promotion materials or the announcement of Prizes, or any inaccurate or incorrect data contained in the Website. The use of any robotic, automatic, macro, programmed, third party or like methods in this Promotion are prohibited and the use or attempted use of such will void any attempted participation effected by such methods, may result in the cancellation, termination, or modification of the Promotion and the disqualification of the individual utilizing the same. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON (S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. Use of the Website is at user's own risk. Sponsor & Others are not responsible for any personal injury or property damage or losses of any kind which may be sustained to user's or any other person's computer equipment resulting from participation in the Promotion, use of the Website or the download of any information from the Website. By participating in the Promotion, a participant releases Sponsor & Others from any and all claims, damages or liabilities arising from or relating to participation in the Promotion. By accepting a prize, Winners agree that Sponsor & Others shall not be liable for any loss or injury resulting from participation in the Promotion, or acceptance or use of any Prize or Prize-related activity whether or not hosted by Sponsor. Sponsor & Others are not liable in the event that any portion of the Promotion is cancelled due to weather, fire, strike, acts of war or terrorism, any "Force Majeure Event", or any other condition beyond its reasonable control. If for any reason the Promotion, in Sponsor's sole judgment , is not capable of running as planned, including without limitation, infection by computer viruses, bugs, tampering, unauthorized intervention, fraud, technical failures, actions by third parties, or any other causes which may affect the administration, operation, security, fairness, integrity or proper conduct of the Promotion, Sponsor reserves the right, at its sole discretion to cancel, modify or terminate the Promotion or any portion of it and proceed in a manner it deems fair and reasonable. Sponsor specifically reserves the right to change or modify the Official Rules as it deems necessary to ensure the proper and intended operation of the Promotion. Further, Sponsor reserves the right, at its sole discretion, to disqualify any individual deemed to be (a) tampering or attempting to tamper with the entry or voting process or the operation of the Promotion; (b) violating the Official Rules; or (c) acting in an unsportsmanlike or disruptive manner or with intent to annoy, abuse, threaten or harass any other person. Additionally, Sponsor reserves the right, at its sole discretion, to disqualify any votes it deems to be irregular votes or votes cast in violation of either the wording and/or intent of these Official Rules and to disqualify any individual, Group or Group Member, it believes to have acted in violation of these Official Rules, including Rule 8 herein.
10. PUBLICITY RIGHTS: By accepting a Prize, in addition to the rights granted in Rule 4(D) above, all Winners agree to allow Sponsor and/or Sponsor's designee the perpetual right to use their name, photograph, likeness, biographical information, Entries as applicable, for promotion, trade, commercial, advertising and publicity purposes, at any time or times, in all media now known or hereafter discovered, world wide, including but not limited to the Internet, without notice, review or approval and without additional compensation except where prohibited by law.
11. RELEASE: By participating, each participant in this Promotion agrees to indemnify and hold harmless Sponsor & Others from any and all causes of action, liabilities, suits, cross-claims or counterclaims, or any other claims arising out of or relating to any individual's participation in the Promotion and claims arising out of or relating to acceptance, receipt, possession or use/misuse of Prize(s).
12. DISPUTE RESOLUTION AND CHOICE OF LAW: Issues concerning the construction, validity, interpretation and enforceability of these Official Rules shall be governed by the laws of the State of Georgia. All disputes arising out of or connected with this Promotion will be resolved individually, and without resort to class action, exclusively by the United States District Court for the Northern District of Georgia or the appropriate Georgia State Court located In Fulton County, Georgia. Should there be a conflict between the laws of the State Of Georgia and any other laws, the conflict will be resolved in favor of the laws of the State of Georgia. All judgments or awards shall be limited to actual incurred out-of-pocket expenses (excluding attorneys' fees) associated with participation in this Promotion and shall not include any indirect, punitive, incidental, consequential or other damages.
13. GENERAL: By entering this Promotion, participants agree to abide by and accept these Official Rules. Participants waive any right to claim ambiguity in these Official Rules. In no event will more prizes be awarded than are stated in these Official Rules. All federal, state and local laws and regulations apply. In the event of a dispute as to the identity of a winner based on an email address, the winning entry will be declared made by the authorized account holder of the email address submitted at time of entry. "Authorized Account Holder" is defined as the natural person who is assigned to an email address by an internet access provider, on-line service provider or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address, the interpretation of these Official Rules shall be governed by the laws of the State of Georgia, without respect to the conflict of laws doctrine. Any and all disputes will be resolved individually, without resort to class action, exclusively before a court located in the State of Georgia having appropriate jurisdiction. All judgments or awards shall be limited to actual incurred out-of-pocket expenses (excluding attorneys' fees) associated with participation in this Promotion and shall not include any indirect, punitive, incidental and/or consequential damages. Sponsor's decisions shall be final in all matters pertaining to this Promotion. Void outside of the 50 United States/District of Columbia and where prohibited by law.
14. WINNERS LIST:
for a list of the Winners, go to http://my.morebirthdays.com between 8/31/11 and 9/15/11.
Sponsor: American Cancer Society, Inc., 250 Williams Street, Atlanta, GA 30303 is the sole sponsor of this Promotion.
These Official Rules may not be re-printed or re-published in whole or in part without the prior written consent of the American Cancer Society, Inc.
© 2011 American Cancer Society, Inc.