Timeless Love Story Sweepstakes Official Rules

BlogHer Timeless Love Story Sweepstakes Official Rules

NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN THIS PROMOTION. A PURCHASE WILL NOT IMPROVE CHANCES OF WINNING. ODDS OF WINNING WILL DEPEND ON THE TOTAL NUMBER OF ENTRIES RECEIVED.  VOID WHERE PROHIBITED BY LAW.  AFFIDAVIT OF ELIGIBILITY / RELEASE OF LIABILITY / PRIZE ACCEPTANCE AGREEMENT MAY BE REQUIRED.  INTERNET ACCESS AND VALID E-MAIL ADDRESS ARE REQUIRED TO ENTER.

BY ENTERING THIS PROMOTION, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING.  WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES TO THE PROMOTION ENTITIES 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”), is solely responsible for all aspects of this Timeless Love Story Sweepstakes (“Promotion”), including without limitation the administration and fulfillment thereof.

2. Eligibility: To enter the Promotion, one must be a legal resident who is physically located in one (1) of the fifty (50) United States who has reached the age of majority (in most U.S. jurisdictions, 18 years of age) 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., Warner Bros. Entertainment Inc., and each of their respective partners, subsidiaries, affiliated companies, their advertising, promotional or fulfillment agencies, businesses that advertise their goods/services on www.blogher.com, their successors, assigns, distributors, and other prize suppliers (collectively, “Promotion Entities”), their immediate family members [spouses, parents, children, siblings], and/or individuals residing in their same household (whether or not related) of each are not eligible to enter or win this Promotion. By submitting an Entry, entrants agree to these Official Rules and the decisions of BlogHer, which shall be final and binding in all respects. Void in all jurisdictions other than the United States; void where prohibited by law.

3. Entry: During the period commencing on or about 9:00 a.m. Pacific Standard Time (“PST”) on April 4, 2012 and ending at 5:00 p.m. PST on April 22, 2012 (“Entry Period”), eligible persons can visit the Promotion’s main page at http://www.blogher.com/lucky-one-movie, login or first register,  and follow one of the links there to the participating blogs.  Eligible persons may enter this Promotion during the Entry Period in one (1) of two (2) ways set forth below (collectively, “Entries”), each of which counts as one (1) entry:

A.     Submit a comment in response to the Promotion prompt, “Share a unique love story,” in the comment field on the entry form at this link; or
B.     Blog about this Promotion**, and submit the URL to that post in a comment field on the entry form at this link.

**In order to comply with the FTC Endorsement and Testimonial Guidelines (available at http://www.ftc.gov/opa/2009/10/endortest.shtm), entrants who choose to blog about this Promotion as a method of entry will also need to disclose in such post that they are receiving an entry into a sweepstakes for posting such blog. 

4. Limitations: All Entries must be written in English and posted before 5:00 p.m. PST on April 22, 2012 to be eligible.  Limit two (2) Entries per household; if the same comment is posted twice, it may only count as one Entry.    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.  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. 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 a 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. 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.   

All eligible individuals who submit an Entry during the Entry Period are considered entrants in this Promotion, but only if BlogHer actually receives such Entries.  Subsequent attempts made by the same individual to submit multiple Entries by using multiple e-mail addresses or otherwise may be disqualified.  Entries generated by a script, computer programs, macro, programmed, robotic or other automated means will be disqualified.  Entries that are incomplete, illegible, corrupted, false, lost, late or misdirected, deceptive or otherwise not in compliance with the Official Rules may be disqualified from the Promotion at BlogHer’s sole and absolute discretion and the Promotion Entities are not responsible for any such issues.  In the event of a dispute over the identity of an online entrant, Entry will be deemed submitted by the authorized account holder of the e-mail address associated with the BlogHer account associated with the Entry.  Authorized account holder is defined as the person assigned to an e-mail address by an Internet access provider, on-line service provider or other organization responsible for assigning e-mail addresses.  All materials submitted (including the blog comments) become the property of BlogHer and will not be returned.  In the event a dispute regarding the identity of the individual who actually submitted an Entry cannot be resolved to BlogHer’s satisfaction, the affected Entry will be deemed ineligible.  The Promotion website’s database clock will be the official time keeper for this Promotion.  Entries submitted by entrants who do not meet the eligibility requirements (including all requirements with respect to age and residence) are void.

Neither the Promotion Entities in Section 2 nor any of their officers, directors, shareholders, employees, agents, or representatives (individually and collectively, “Releasees”) are responsible for Entries from persons residing or physically located outside the United States, 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; 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).  Void where prohibited or restricted by law, and subject to applicable federal, state, local, and municipal laws and regulations. BlogHer’s failure to enforce any provision of these Official Rules shall not constitute the waiver of such provision.

5. Prize: Nine (9) Prizes Total (One grand prize, three secondary prizes, five tertiary prizes):  One (1) grand prize winner will receive a Canon Digital SLR camera with accessories.  Three (3) secondary prize winners will each receive a Canon point-and-shoot digital camera. Five (5) tertiary prize winners will each receive a $30 Fandango.com gift card, and such card is subject to Fandango’s terms and conditions found at http://www.tangocard.com/html/terms/fandango-gift-card.html. All expenses not specifically mentioned herein are not included and are solely the winner’s responsibility.  Approximate retail value (“ARV”) per prize: Grand Prize = $900 (USD). Each Secondary Prize = $125 (USD). Each Tertiary Prize = $30.  Total ARV of all prizes awarded in this Promotion: One Thousand Four Hundred Twenty-Five Dollars ($1,425 USD).  Prize is not redeemable for cash or transferrable.  No substitution allowed except that BlogHer may, at BlogHer’s sole discretion, substitute a prize, or any portion thereof, of equal or greater value due to prize unavailability for any reason.   ALL PRIZES ARE 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). 

6. Procedures: 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 winners will be selected from all eligible Entries received. The drawing will be conducted by BlogHer at its offices in Belmont, CA.  Odds of winning depend on the total number of eligible Entries received.

7. Winners: Persons initially selected as potential winners will be notified on or about give (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, potential winners must accept their prize within 72 hours of transmission of the email notification (“Acceptance Period”).  BlogHer is not responsible for and shall not be liable for late, lost, misdirected, or unsuccessful efforts to notify winners.  Winner may not substitute, assign or transfer the prize or redeem prize for cash or credit.  All necessary taxes and duties on the prize, and any other costs associated with maintaining or operating the prize, are the sole responsibility of the winner.

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 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 to eight 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, 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, discharge, indemnify, and hold harmless the Releasees, from: (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; (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 prizes; [4] winner’s acceptance of a prize constitutes the grant to BlogHer and assigns of an unconditional right to use winner’s name, photo, likeness, voice, biographical information and statements, at any time or times, for advertising, trade publicity, promotional and commercial purposes without additional compensation, 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 offer or administration of this Promotion, including but not limited to: errors in the advertising, Official Rules, selection and announcement of the winners 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. Entrants further understand and agree that all rights under Section 1542 of the Civil Code of California (“Section 1542”) and any similar law of any state or territory of the United States that may be applicable with respect to the foregoing release are hereby expressly and forever waived.  Entrants acknowledge that Section 1542 provides that: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

9.  Governing Law / Jurisdiction / Limitation of Remedies:  The Promotion and these Official Rules are governed by and shall be construed in accordance with the substantive laws of the State of California (as distinguished from the choice of law rules) and the United States of America applicable to contracts made and performed entirely in California and where the relevant contacts are with such state.  All applicable federal, state, and local laws and regulations apply.  Except where prohibited, as a condition of participating in this Promotion, each entrant agrees that any and all disputes, claims and causes of action arising out of or connected with this Promotion, the prizes awarded, or the determination of the winners shall be resolved individually, without resort to any form of class action.  Further, in any such dispute, under no circumstances will an entrant be permitted to obtain awards for, and hereby waives all rights to claim punitive, incidental or consequential damages, or any other damages, including attorneys’ fees, other than entrant’s actual out-pocket expenses, and entrant further waives all rights to have damages multiplied or increased.

10.  Dispute Resolution:  The parties agree that any disputes arising out of these Official Rules shall be submitted to final, binding arbitration conducted in San Mateo County under the Arbitration Rules and Procedures of the Judicial Arbitration and Mediation Services Inc. (“JAMS”) before a single, neutral arbitrator who is a former or retired California state or federal court judge with experience in entertainment matters who shall follow California law and the Federal Rules of Evidence and have no authority to award punitive damages.  Either party may enforce a final arbitration award in any court of competent jurisdiction in San Mateo County, including an award of costs, fees and expenses incurred in enforcing the award.  Notwithstanding the foregoing, Sponsor shall be entitled to seek injunctive relief (unless otherwise precluded by any other provision of these Official Rules) in the state and federal courts of San Mateo County.  Any dispute or portion thereof, or any claim for a particular form of relief (not otherwise precluded by any other provision of these Official Rules), that may not be arbitrated pursuant to applicable state or federal law may be heard only in a court of competent jurisdiction in San Mateo County.

11. Disclosure by Winner.  Winner acknowledges and agrees that winner is not required to make any statements about, or provide any opinions regarding, the prize, and any such statements and opinions made by winner are at winner’s sole discretion. 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.

12. Winners List: For name(s) of winner(s), mail a self-addressed stamped envelope within 30 days after the expiration of the Entry Period to: BlogHer, Attn: Timeless Love Story Sweepstakes Request, 1301 Shoreway Rd., Suite 340, Belmont, CA 94002.

13.  Miscellaneous:  The invalidity or unenforceability of any provision of these Official Rules or the Required Documents will not affect the validity or enforceability of any other provision.  In the event that any provision of the Official Rules or the Required Documents is determined to be invalid or otherwise unenforceable or illegal, the other provisions will remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.  BlogHer’s failure to enforce any term of these Official Rules will not constitute a waiver of that provision.  When terms such as "may" are used in these Official Rules, BlogHer has sole and absolute discretion.  Entrants agree to waive any rights to claim ambiguity of these Official Rules.  Headings are solely for convenience of reference and will not be deemed to affect in any manner the meaning or intent of the documents or any provision hereof.  In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Promotion-related materials, privacy policy or terms of use on the Website and/or the terms and conditions of the Official Rules, the Official Rules shall prevail, govern and control and the discrepancy will be resolved in BlogHer’s sole and absolute discretion.

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.

Warner Bros. Entertainment Inc. and its parents, affiliates, and subsidiaries are not responsible for the promotion, administration or execution of this Promotion.


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