BlogHer Summer Fun on the Road Sweepstakes #1 Official Rules

BLOGHER SUMMER FUN ON THE ROAD SWEEPSTAKES #1 Official Rules

NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. PURCHASE WILL NOT IMPROVE CHANCES OF WINNING.

INTERNET ACCESS AND VALID E-MAIL ADDRESS ARE REQUIRED TO ENTER.  ODDS OF WINNING WILL DEPEND ON THE TOTAL NUMBER OF ENTRIES RECEIVED. VOID WHERE PROHIBITED BY LAW. 

ASUSTeK COMPUTER INC.  IS NOT A PARTICIPANT IN OR SPONSOR OF THIS PROMOTION AND THIS PROMOTION IS IN NO WAY SPONSORED, ENDORSED, ADMINISTERED BY, OR ASSOCIATED WITH TWITTER, INC. (“TWITTER”).

BY ENTERING (OR OTHERWISE PARTICIPATING IN) THE PROMOTION (E.G., LEAVING A BLOG COMMENT), YOU AGREE TO THESE “OFFICIAL RULES”, WHICH ARE A CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING.  WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES TO THE ENTITIES (DEFINED BELOW) FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.

1. Sponsor:  BlogHer, Inc., located at 1301 Shoreway Road, Suite 340, Belmont, CA 94002 and http://www.blogher.com (“BlogHer” or “Sponsor”), is solely responsible for all aspects of this BLOGHER SUMMER FUN ON THE ROAD SWEEPSTAKES (“Promotion”), including, without limitation, the administration and fulfillment thereof.

2. Eligibility:  To enter the Promotion, one must be a legal resident and physically located in one (1) of the fifty (50) states in the United States or the District of Columbia and who has reached the age of majority (in most U.S. jurisdictions, eighteen (18) years of age but is nineteen (19) in Alabama and Nebraska and twenty-one (21) in Mississippi) in his/her jurisdiction of residence and who is a registered user of www.blogher.com at the time of entry.  Employees, officers and directors of BlogHer, Inc. and Kia Motors America, Inc. and each of their respective parents, partners, subsidiaries, affiliated companies, dealerships, distributors, advertising, promotional or fulfillment agencies, businesses that advertise their goods/services on www.blogher.com, (collectively, the “Entities”), their immediate family members (i.e., spouses, parents, legal guardians, in-laws, grandparents, children, siblings and grandchildren), and individuals residing in their same household (whether or not legally related) are not eligible to enter the Promotion or win a prize.  By submitting an Entry (defined below), entrants agree to these Official Rules and the decisions of BlogHer, including the interpretation of these Official Rules and its exercise of discretion, which shall be final and binding in all respects.  Void in all jurisdictions outside of the United States/D.C.; void where prohibited by law.

3. Entry:  During the period commencing on or about 9:00 a.m. Pacific Time (“PT”) on July 26, 2012 and ending at 5:00 p.m. PT on August 5, 2012 (“Entry Period”), eligible persons can visit the Promotion’s main page at (http://www.blogher.com/kia-sorento-reviews) (the “Website”) to learn about the Promotion and follow one (1) of the links there to the participating blogs.  Eligible persons may enter this Promotion during the Entry Period by taking any one (1) of the following actions (each an “Entry” and collectively, the “Entries”), each of which counts as one (1) entry:
A.    After logging in to your Website account, leave a comment in response to the Promotion prompt on a Website post about this Promotion.*
B.     After logging in to your Twitter account, tweet (public message) about this Promotion, including exactly the following unique term in your tweet message: “#KiaSweepstakesEntry”; and leave the URL to that Tweet in a comment on a Website post about this Promotion.To participate and enter this Promotion via Twitter, individuals will need a Twitter account.  If you don’t already have an Account, visit www.twitter.com to create an account; creating an account is free. By submitting your information and creating an account, you will be required to agree to the Twitter terms of service and privacy notice.
C.    Blog about this Promotion on your own blog, and leave the direct URL to that post in a comment in response to the Promotion prompt on a Website post about this Promotion.*
D.    To enter without commenting or otherwise posting, follow this link, and submit your email address and your response to the Promotion prompt.

*Please note: Comments appearing in the “Conversation from Twitter” or “Conversation from Facebook” sections of the Livefyre comment section do not qualify as entries for purposes of this Promotion.

4. Limitations:  All Entries must be written in English, comply in all respects with these Official Rules and be posted before 5:00 p.m. PT on August 5, 2012 to be eligible.  Only two (2) Entries per person (regardless of method) will be accepted); if the same comment is posted twice on the same platform, it may only count as one (1) Entry.  Do not post the same Tweet repeatedly or “re-Tweet” the same comment or you may be disqualified from the Promotion.  Entries by any method other than those set forth above in Section 3 are void.  Entries must be the entrant’s original work, comply with BlogHer editorial standards, and must not include any third party intellectual property, including, without limitation, trademarks, copyright, or trade secrets of a third party.  Mass entries or automated, programmed entries are invalid.  To result in entry, comment must be on topic (i.e., relevant) and not offensive, demeaning, or derogatory nor include material that: (a) is sexually explicit, indecent, obscene, violent, hateful, tortuous, defamatory, slanderous or libelous, (b) promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age, (c) invades the privacy or publicity rights of any person, living or deceased, (d) is unlawful, (e) is harmful to other users of the Website such as viruses, trojan horses or other technologies that could adversely impact the Promotion; and/or (f) is disparaging to Sponsor or is inconsistent with the positive images and/or goodwill to which Sponsor wishes to associate (at Sponsor’s sole and absolute discretion).  Provided that the comment satisfies all the conditions indicated herein, its content will not affect one’s ability to enter the Promotion or one’s odds of winning the prize in the Promotion.  By posting a comment, entrant agrees that any or all of the submitted comment, whether randomly chosen as a winner or not, may be reproduced on BlogHer’s website in connection with this Promotion without compensation at the sole discretion of representatives of BlogHer (and without further notice of any kind); entrant is advised to review the Terms of Use of www.blogher.com for further information regarding the ownership, content and usage of comments on the Website.  The Terms of Use are made a part of these Official Rules and incorporated by reference herein; in the event of any inconsistency between these Official Rules and the Terms of Use, these Official Rules will prevail, govern and control solely with respect to the Promotion and, in all other cases, the Terms of Use will prevail, govern and control.  Submissions become the property of BlogHer and will not be acknowledged or returned.  If submitting an Entry via Twitter, it is entrant’s sole responsibility to assure that entrant’s conduct is in full compliance with the Twitter Rules and Terms of Service.  

Neither the Entities in Section 2 nor any of their officers, directors, shareholders, employees, agents, or representatives (individually and collectively, the “Releasees”) are responsible for Entries from persons residing or physically located outside the U.S. or D.C., or Entries that are altered, delayed, deleted, destroyed, forged, fraudulent, illegible, improperly accessed, inaccurate, incomplete, interrupted, irregular in any way, late, lost, misdirected, multiple, non-delivered, stolen, tampered with, unauthorized, unintelligible, or otherwise not in compliance with these Official Rules; or for lost, interrupted or unavailable network, server or other connections; miscommunications; failed computer hardware or software or telephone transmissions; technical failures; viruses, unauthorized human intervention; traffic congestion; garbled or jumbled transmissions; undeliverable emails resulting from any form of active or passive email filtering; insufficient space in entrant’s email account to receive email; or other errors of any kind, whether due to electronic, human, mechanical, printing, production or technical errors or other causes; even if caused by the negligence of any of the Releasees.  Each of such potential Entries will be disqualified and any attempt by a person to use multiple accounts to accrue more than the number of Entries allowed in Section 4 above may result in disqualification at BlogHer’s sole discretion (and, disqualification will not represent BlogHer’s sole remedy in such circumstance).  BlogHer’s failure to enforce any provision of these Official Rules shall not constitute the waiver of such provision.  The Website’s database clock will be the official timekeeper for this Promotion.

NOTE ABOUT TWITTER: Entities are not responsible for any changes or unavailability of the Twitter service that may interfere with the Promotion (including any limitations, any restrictions, or any conditions on Sponsor’s ability to use Twitter for the Promotion as set forth herein that are not acceptable to Sponsor) or ability of entrant to timely enter, receive notices or communicate with Sponsor via Twitter, in which case Sponsor, in its sole discretion, may terminate or modify the Promotion.  Sponsor may not receive entries from Twitter users with “protected” updates (i.e., user has set their account so that only people the user has approved can view their updates) due to the way Twitter operates its service.  In the event of a dispute concerning who submitted an entry, the entry will be declared to have been made by the registered account holder of the e-mail address associated with the Twitter account for the potentially winning entrant, but only if that person meets all other eligibility criteria or if that person is the approving parent or legal guardian of a minor participant who meets all of the eligibility criteria.  A registered account holder is defined as the natural person who is assigned to an e-mail address by an Internet access provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address.  Potential winner may be required to provide Sponsor with proof that he/she is the registered account holder for the e-mail address associated with the Twitter account for the potentially winning entry.  If a dispute cannot be resolved to Sponsor’s satisfaction, the entry will be deemed ineligible.  Any damage made to the Website or the Twitter service will be the responsibility of the registered account holder of the e-mail address for the Twitter account submitted at the time of entry.  It is a potential winner’s responsibility to set his/her account settings to accept contacts by Sponsor and to timely check his/her Twitter account for any Sponsor direct messages or @Replies.

MOBILE DISCLOSURE:  If you opt to receive Sponsor’s tweets, including any prize notification or other Promotion-related tweets, via text message to your wireless mobile device (which may only be available via participating wireless carriers and is not required to enter), standard text messaging rates will apply for each text message sent or received from your handset according to the terms and conditions of your service agreement with your wireless carrier.  Other charges may apply (such as normal airtime and carrier charges) and may appear on your mobile phone bill or be deducted from your prepaid account balance.  Wireless carriers’ rate plans may vary, and you should contact your wireless carrier for more information on messaging rate plans and charges relating to your participation in this Promotion.  Participation in this Promotion by mobile phone and text message means that you understand that you may receive additional text messages from Sponsor relating to this Promotion, including to notify you if you are a potential winner in this Promotion, which will be subject to the charges pursuant to your carrier’s rate plan.  Text messaging may not be available from all mobile phone service carriers and handset models.  Cell phone service may not be available in all areas.  Check your phone’s capabilities for specific instructions.

5. Prize:  One (1) prize will be awarded in this Promotion.  Prize: One winner will receive an Asus Eee Pad Transformer Prime Android Tablet.  Service/Internet access for the Asus Eee Pad Transformer Prime Android Tablet device will not be provided as part of prize and the winner will be solely responsible for any costs and expenses related thereto, including any activation and all other costs and expenses required for using any prize.  All costs and expenses not specifically mentioned herein are not included and are solely the winner’s responsibility.  Approximate retail value (“ARV”) of the prize: $499.00 (USD).  Total ARV of all prizes: $499.00 (USD).  Prize is not redeemable for cash or transferrable.  No substitution allowed except that BlogHer may, at BlogHer’s sole discretion, substitute a prize of equal or greater value due to prize unavailability for any reason. All prize details not specified in these Official Rules will be determined in Sponsor’s sole and absolute discretion.  Prize details and availability are subject to change and prize provider’s rules and restrictions, and in the event that Sponsor is unable to provide the winner with their prize(s), the Sponsor may elect, to provide winners with the approximate value of such item in cash or award an alternate prize of comparable or greater value.  The prize is awarded “AS IS” and without warranty of any kind, express or implied (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose).  Unclaimed prize(s) will be forfeited.  Prize, if legitimately claimed, will be awarded.  Sponsor is not responsible for and will not replace any lost, mutilated or stolen prize(s).

Reference to third parties in connection with prizes (including, without limitation, Asus) are for reference and identification purposes only and not intended to suggest endorsement, sponsorship or affiliation with Sponsor, the Entities or the Promotion.  Asus is not a participant in or sponsor of this Promotion.

6. Procedures/Odds:  All Entries must be received during the Entry Period.  On or about three (3) business days following expiration of the Entry Period, using a randomizing program, the potential winner will be selected from all eligible Entries received in accordance with these Official Rules. The drawing will be conducted by BlogHer at its offices in Belmont, CA.  Sponsor will have complete discretion over interpretation of the Official Rules, of administration of the Promotion, and of selection of the winner.  Decisions of the Sponsor as to the selection of the winner will be final.  Odds of winning depend on the total number of eligible Entries received.

7. Winner:  The person initially selected as potential winner will be notified on or about five (5) business days following the expiration of the Entry Period, and will be sent by email  a Prize Notification and Publicity Consent and Liability Release Agreement; please ensure that BlogHer has your current, correct email address.  To claim the prize, the potential winner must accept their prize within seventy-two (72) hours of transmission of the email notification (“Acceptance Period”).  Entities are not responsible for and shall not be liable for late, lost, misdirected, or unsuccessful efforts to notify winner.  Winner may not substitute, assign or transfer the prize or redeem prize for cash or credit.  All federal, state and/or local taxes and duties on the prize, and any other costs associated with maintaining or operating the prize, is the sole responsibility of the winner, regardless of whether the prize, in whole or in part, is used.  The ARV of the prize is based on available information provided to Sponsor and the value of any prize awarded to a winner may be reported for tax purposes as required by law.  The winner may be required to provide Sponsor with a valid social security number or tax identification number before the prize(s) will be awarded for tax reporting purposes.  An IRS Form 1099 may be issued in the name of winner for the actual value of the prize received.
A.Disqualification, Forfeiture and Selection of Alternate Winner:  At the sole discretion of BlogHer, disqualification, forfeiture and the selection of an alternate winner may result from any of the following:  [1] potential winner’s failure to accept the prize within the Acceptance Period; [2] the failure of notification or undeliverable emails resulting from any form of active or passive email filtering; insufficient space in entrant’s email account to receive email; [3] potential winner’s failure to provide BlogHer with satisfactory proof of age, identity and residency; [4] potential winner’s failure to complete, execute, and return to BlogHer the Prize Notification and Liability Release Agreement and, except where prohibited, a publicity release and other such documents as may be required by BlogHer (“Required Documents”) within ten (10) days of the date specified on the Prize Notification and Liability Release Agreement; and [5] potential winner’s failure to comply with any other terms, conditions and restrictions of these Official Rules.  In the event of prize forfeiture, an alternate winner will be selected by BlogHer from among all remaining eligible entries received.
B.     Prize Fulfillment:BlogHer shall be solely responsible for fulfillment of prizes.  Within four (4) to eight (8) weeks of receiving an eligible winner’s fully executed Required Documents, BlogHer shall mail that winner’s prize via U.S. mail, or via other appropriate courier delivery as determined by BlogHer, to the U.S. resident address provided by that winner in the Required Documents. 

8. General Conditions:  By entering this Promotion and/or accepting any prize you may win, you agree, represent, and warrant that: [1] you will be bound by these Official Rules and BlogHer’s decisions, which shall be final and binding in all respects; [2] you release, indemnify and hold harmless the Releasees, from and against: (a) telephone, electronic, hardware or software program, network, Internet, or computer malfunctions, failures, or difficulties of any kind; (b) any condition caused by events beyond the control of BlogHer that may cause the Promotion to be disrupted or corrupted, with the understanding that BlogHer’s sole obligation is to seek to conduct the Promotion, making the prizes available to be won, in a manner determined by BlogHer in its sole discretion to be fair, appropriate and consistent with these Official Rules; (c) any printing or typographical errors in any materials associated with the Promotion; and (d) any and all losses, damages, rights, suits, claims and actions of any kind, including, without limitation, death and bodily injury, in connection with or arising from, in whole or in part, directly or indirectly, the awarding, delivery, acceptance, use, misuse, possession, loss or misdirection of the prize; participation in the Promotion or any Promotion-related activity, or from any interaction with or downloading of Promotion information; [3] the Releasees do not make any representation, warranty or guarantee, express or implied, relating to the prize(s); [4] winner’s acceptance of a prize constitutes the grant to BlogHer and its licensees and assigns of an unconditional right to use winner’s name, photo, likeness, voice, biographical information and statements, at any time or times, worldwide, in perpetuity, in all forms of media and by all manners (now and hereafter known) for advertising, trade publicity, promotional and commercial purposes without additional, notice, compensation or obligation, in connection with the running or advertising of this Promotion, except where prohibited by law; [5] the Releasees are not responsible for typographical or other errors in the Promotion materials or administration of this Promotion, including, but not limited to: errors in the advertising, Official Rules, selection and announcement of the winner and distribution of the prizes; [6] the Releasees are not responsible for any inability of the winner to accept or use the prize (or any portion thereof) for any reason; [7] the Releasees are not responsible for any failure of delivery of winner notification; and [8] all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrants, winners and BlogHer in connection with the Promotion, shall be governed by, and construed in accordance with the laws of the State of California, without giving effect to any choice of law or conflict of law rules or provisions (whether of the State of California or any other jurisdiction), that would cause the application of the laws of any jurisdiction other than the State of California.

BY ENTERING THE PROMOTION, ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE PROMOTION OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED TEN DOLLARS ($10.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES NOT TO EXCEED TEN DOLLARS ($10.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) ENTRANTS’ REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF.  SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.

9. Disclosure by Winner:  If winner is employed by, works for, or provides content to, any means of mass communication, such as newspapers, magazines, radio, television or the Internet, including, without limitation winner’s blog (collectively, the “Media”), then winner will not speak about or refer to the prize, directly or indirectly, in such capacity through the Media, without disclosing that winner won the prize in connection with the Promotion.

10. Tampering with Promotion:   The Entities are not responsible for the actions of entrants in connection with the Promotion, including entrants’ attempts to circumvent the Official Rules or otherwise interfere with the administration, security, fairness, integrity or proper conduct of the Promotion.  Persons found tampering with or abusing any aspect of this Promotion, or whom Sponsor believes to be causing malfunction, error, disruption or damage may be disqualified.  Additionally, any attempt to cheat the Promotion, as determined at the sole and absolute discretion of Sponsor, may result in immediate disqualification of the entrant, as well as other possible consequences, including disqualification from any and all existing and future sweepstakes.  ANY ATTEMPT BY A PERSON TO DAMAGE ANY WEBSITE (INCLUDING THE TWITTER SERVICE) OR UNDERMINE THE LEGITIMATE OPERATION OF THIS PROMOTION MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK ALL LEGAL AND EQUITABLE REMEDIES FROM AND AGAINST ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.  Sponsor reserves the right, at its sole and absolute discretion, to disqualify (or terminate the prize of) any individual who is found to be, or suspected of, acting in violation of these Official Rules, or to be acting in an unsportsmanlike, obscene, immoral or disruptive manner, or with the intent to annoy, abuse, threaten or harass any other person.

11.  Suspension / Modification / Termination:  In the event Sponsor is prevented from continuing with the Promotion by any event beyond its control, including, but not limited to, fire, flood, epidemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, communications or equipment failure, utility or service interruptions, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared), interference with the Promotion by any party, or any federal state or local government law, order, or regulation, order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control (each a “Force Majeure” event or occurrence) Sponsor shall have the right to modify, suspend or terminate the Promotion or prize.  Sponsor additionally reserves the right, in its sole and absolute discretion: (1) to modify, suspend or terminate the Promotion should causes beyond Sponsor’s control corrupt or interfere with the administration, integrity, operation, security or proper play of the Promotion; or (2) to disqualify any entrant found to be, or suspected of: (a) tampering with the entry process or the operation of the Promotion; (b) acting in violation of these Official Rules; or (c) acting in an un-sportsmanlike manner.  If, for any reason, more bona fide winners come forward seeking to claim prizes in excess of the number of each type of prize set forth in these Official Rules, the winners, or remaining winners, as the case may be, of the advertised number of prizes available may be selected in a random drawing from among all persons making purportedly valid claims for such prize(s).  Inclusion in such drawing shall be each entrant’s sole and exclusive remedy under such circumstances

12.  Winners List:  For name of the winner, mail a self-addressed stamped envelope within sixty (60) days after the expiration of the Entry Period to: BlogHer, Attn: Summer Fun on the Road Sweepstakes Request, 1301 Shoreway Rd., Suite 340, Belmont, CA 94002.

13.  Entry Information & Privacy:  As a condition of entering the Promotion, each entrant gives consent for Sponsor to obtain and deliver his or her name, address and other information to third parties for the purpose of administering this Promotion and to comply with applicable laws, regulations and rules.  Any information entrants provide to Sponsor may be used to communicate with entrant in relation to this Promotion or on a Promotion winner’s list.  See BlogHer’s Privacy Policy, available at http://www.blogher.com/privacy-policy, which governs the use of any and all material entered and submitted for this Promotion or otherwise collected by either BlogHer’s website or the website on which the Promotion’s main page is located.


© 2012 BlogHer, Inc. All Rights Reserved. BLOGHER is a trademark of BlogHer, Inc.  Tweet is a trademark of Twitter, Inc.  {Such trademarks are used for reference purposes only; Twitter, Inc. has not endorsed or sponsored BlogHer, Inc. or this Promotion.}

 

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