Halloween Pet Photo 2011 Rules
No purchase or payment of any kind is necessary to enter or win. Purchase does not improve odds of winning. Winners of any Phoenix Flower Shops photo contest within the last twelve (12) months are not eligible to win. Contest is void where prohibited.
1) CONTEST PERIOD: Entries shall be accepted beginning at 9:00 a.m. MST on October 19, 2011. All entries must be received prior to 11:55 p.m. MST on the contest ending date of November 5, 2011.
2) WHO IS ELIGIBLE: This contest is open and offered to legal residents of the fifty (50) United States who live in the United States and are at least eighteen (18) years of age as of the beginning date of the contest as indicated in Section 1 above. Employees, officers and directors of Sponsors (as defined below) and the Sponsor’s Affiliates (and their immediate families—children, spouse, parents, siblings—and those living in their same households whether or not related) are not eligible; “Sponsor’s Affiliates” includes all entities associated with Sponsor for purposes of this Contest, such as subsidiaries, affiliated companies, advertising agencies, promotional agencies, and judges, as well as the officers, directors, employees, representatives, contractors, and agents of Sponsor and such entities. Winners of any Phoenix Flower Shops photo contest within the last thirteen (13) months are not eligible to win. By participating, each entrant (“Entrant”) agrees to be bound by these Official Rules, Terms & Conditions (the “Rules”) and the decisions of the judges, which are final and binding in all respects.
3) ENTRY GUIDELINES: Only original photographs, videos, or captions (“Media”) that have not been previously published, for which the entrant possesses all necessary rights will be accepted as valid entries. Media that have won awards or have been subjected to any previous form of judging process will not be accepted. Each Entrant must follow the online instructions at www.phoenixflowershops.com for submitting Media and an entry (“Entry”). Entries received without the appropriate information will not be accepted. Each Entrant is only eligible for one prize regardless of prize level. Any Entry that, in the sole opinion of Sponsor, is considered obscene, indecent, objectionable, or otherwise not suitable for publication will be deemed ineligible. An Entry may not include images of corporate logos, trademarks, identities, or other proprietary materials such as television shows, magazines, or web pages. Entries cannot be offensive, illegal, pornographic, or obscene, or similarly inappropriate, as may be determined in Sponsors' sole discretion. Entries cannot include or reflect images or activities that are dangerous, unsafe or present unreasonable risk of harm to person or property, and photographs cannot suggest or imply to any person to undertake any such dangerous, unsafe or unduly risky activity or activities, as may be determined in Sponsors' sole discretion. Entries also cannot be dangerous or unsafe to take or produce. Such inappropriate photographs are not permitted, and any entry(s) associated with such photographs will be deemed void. By submitting an Entry in this Contest, each entrant represents and warrants that these requirements have been met. Sponsors are not responsible for non-conforming, lost, late, incomplete, or illegible entries or for inaccurate entry information, whether caused by participant or by any technical or human error that may occur in the processing of entries. Incomplete, mechanically reproduced, automated, and/or duplicate entries are not permitted and will be deemed void.
4) MEDIA RIGHTS: All Media and other information submitted by any Entrant become the property of Sponsor immediately upon submission in connection with the Contest. As such, Entrant hereby assigns to Sponsor, without additional consideration, all of the Entrant’s right, title and interest in and to the Media. If an Entry contains an identifiable person (including in crowds) other than entrant (an “Identifiable Person”), Entrant warrants that Entrant has obtained the consent of each Identifiable Person to use the Media as outlined in these Rules. If an Entry is selected as a potential winner, the Entrant will be required to obtain a release from each Identifiable Person (“Third Party Release”) prior to the potential winner being verified authorizing Sponsor and its Affiliates use, reproduce and distribute the photograph and/or video in which the Identifiable Person appears. All Third Party Releases must be submitted on a form provided by Sponsor. Further, by submitting an Entry, the Entrant grants permission for Sponsor and Sponsor’s Affiliates to publish, post, display, and otherwise use the Media in any form, in any manner, and in any media deemed appropriate by Sponsor or the Sponsor Affiliate, without compensation of any kind to Entrant. Sponsor may post Entries to the Website without editing or other prior review.
5) VOTING: Once the approved Entry is posted to www.phoenixflowershops.com, Entries will be voted on by registered members. Voters must follow the online instructions to vote for an Entry. The number of votes will determine the winning Entries. Only votes received during the Contest Period will be accepted. Only one vote per email address will be accepted. Multiple votes for a single Entry submitted by the same email address will result in only the first vote being counted. In the case of a tie, it will be broken by the Sponsor whose decision shall be final.
6) PRIZES: Sponsor reserves the right to substitute an advertised prize with another prize of equal or greater value if advertised prize becomes unavailable. No transfer, assignment, cash redemption, or substitution of a prize is permitted. Prizes are not exchangeable for cash, merchandise, or other services. All applicable taxes, whether federal, state, local, or otherwise, are solely each Winner’s responsibility. If a winner is not a resident of Maricopa County Arizona, certain prizes for services provided in Maricopa County Arizona shall be replaced with a Phoenix Flower Shops gift card with a value determined solely by the Sponsor.
7) WINNERS: Winners shall be determined based on the Entries with the highest number of permitted votes under these Official Rules, subject to the provisions in this Section. Winners will be selected on or about the contest end date as indicated in Section 1 above. Sponsors will reasonably attempt to notify winners by email, phone, or mail within thirty (30) days of selection. Winners may not substitute, assign, or transfer a prize or redeem a prize for cash. To accept a prize, an Entrant must complete, sign, and return an Affidavit of Eligibility (“Affidavit”) and, where lawful, Liability/Publicity Release (“Release”) (collectively, “Affidavit and Release”) within seven (7) days of receipt. If these forms are received by the time indicated on the documents, or if an Entrant does not meet the eligibility requirements set out in Section 2 above, or is otherwise unwilling or unable to comply with these Official Rules, or cannot be contacted with 14 days of the date selected, an alternate Winner may be selected at and in a manner determined by the Sponsors’ sole discretion. To request a list of winners or to receive a copy of these Rules, any person may write his or her name and complete address on a 3”x5” card along with the name of the contest and mail in a first class stamped envelope to: Phoenix Flower Shops, Attn: Photo Contests, 5733 E Thomas Rd – Ste 4, Scottsdale, AZ, 85251.
8) PERSONAL INFORMATION: Upon entering the Contest, Entrants are required to fill out entry forms correctly, including those spaces for personal information. Sponsors will collect this personal information and use it for the purpose of administering the Contest, publicizing the Contest, and other promotional purposes that benefit the Sponsors. While personal information may be given at the entrant’s discretion, failure to provide necessary information may prevent the Entry from being accepted by the organizer. Note: Names of the Winners will be published on web sites, printed materials, and other media related to the Contest.
9) GENERAL CONDITIONS: Non-compliance with these Official Rules may result in disqualification. An individual is not a Winner until he/she has fully complied with these Official rules. At the time of entry, Entrants are deemed to have read, understand and be in agreement with all rules and conditions. The organizer reserves the right to rule on any issue(s) not covered by these Official Rules. Sponsor may, at its sole discretion, disqualify and any individual or Entry who it concludes has tampered with any Entry or with the operation of the Contest, who acts in violation of these Rules or otherwise in a non-sportsmanlike or disruptive manner, or who displays any intent to threaten, abuse or harass any other person. Entries generated by a robotic, programmed, script, macro or other automated means will be disqualified. In the event that the efficiency, security, selection procedure, fairness of the contest or any related operations are deemed to have been compromised by forces beyond the control of the organizer – such as troubles relating to computer networks, computer virus infections or unauthorized computer access – then the receipt of some or all entries via the Internet may be postponed or discontinued. In the event of a dispute regarding Entries received from multiple users having the same mail account, the authorized subscriber of the email account at the time of the Entry used to enter will be deemed to be the Entrant and must comply with these Rules. Authorized account subscriber is the natural person who is assigned to the email address by the Internet Service Provider (ISP), on-line service provider, or other organization responsible for assigning email addresses.
10) RELEASE AND WAIVER OF CLAIMS: By entering, each Entrant agrees that Sponsor and Sponsor’s Affiliates, and all of their respective parents, subsidiaries, affiliates, advertising and promotion agencies, and all of their respective directors, officers, governors, employees, shareholders, and agents (collectively, the “Releases”) from, will have no liability whatsoever for, and will be held harmless by Entrant against any liability for any loss, harm, damage, cost, expense, or claims, including third party claims based on publicity and/or privacy rights, defamation, and intellectual property associated with or resulting from (i) acceptance, possession, or use of any prize, (ii) participation in this Contest or any Contest-related activities, including any related travel, or (iii) use of the Entry in any manner, even if caused or contributed to by the negligence of Releases. Except where legally prohibited, each winner grants (and will confirm that grant in writing) permission to Sponsor and Sponsor’s Affiliates, exercised in their sole discretion, the right to use the winner’s name, picture, likeness, voice, biographical information, and Entry (whether altered, changed, modified, edited, used alone, or used with other works) at any time, in any form, in any media, without compensation of any kind and without notice, review, or approval.
11) LIMITATIONS OF LIABILITY: Neither Sponsor nor Sponsor’s Affiliates are responsible or otherwise liable in any manner for any (i) lost, late, stolen, illegible, misdirected, non-delivered, or improperly captured Entry, (ii) lost, interrupted, or unavailable satellite, network, server, or other connection, (iii) accessibility or traffic congestion, miscommunication, or failed computer, network, telephone, satellite, cable, transmission line, or communication line, (iv) technical failure, malfunction, or difficulty, whether related to software or hardware, (v) jumbled, scrambled, delayed, or misdirected transmission, (vi) incorrect, incomplete, or inaccurate information, (vii) unauthorized access to, tampering with, or hacking into any website or electronic device, or (viii) other error, omission, interruption, deletion, defect, or delay of any kind whether human, mechanical, electronic or network.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL SPONSOR OR SPONSOR’S AFFILIATES BE RESPONSIBLE OR OTHERWISE LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES RELATED TO THE CONTEST, INCLUDING ANY ACCESS TO OR USE OF THE WEBSITE OR ANY DOWNLOADING FROM OR PRINTING MATERIAL FROM THE WEBSITE. WITHOUT LIMITED THE FOREGOING, EVERYTHING ON THE WEBSITE AND ALL PRIZES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW LIMITATIONS OR EXCLUSIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. ANY ATTEMPT BY A PARTICIPANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD ANY SUCH ATTEMPT BE MADE, SPONSORS RESERVE THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
12) MISCELLANEOUS: By entering this Contest, Entrant agrees to all terms and conditions as set forth herein and to all other Terms and Conditions of Use associated with the Site. Further, Entrants waive any right to claim ambiguity in these Official Rules. This Contest will be administered in the State of Arizona, and by participating, all entrants and their parents and guardians agree that the laws of the State of Arizona will apply exclusively to this Contest and that any dispute with respect to this Contest will be resolved in either the federal or state courts located in the State of Arizona.
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