NO PURCHASE NECESSARY TO ENTER OR WIN. VOID WHERE PROHIBITED. VALID IN THE 50 UNITED STATES AND THE DISTRICT OF COLUMBIA ONLY. ENTRY IN THIS CONTEST CONSTITUTES YOUR ACCEPTANCE OF THESE OFFICIAL RULES.
Unique Valentine Love Letter Contest (the "Contest") is designed to encourage ("Entrant(s)" or "You") to use their creativity to create their own Love Letter. Judges will choose the winning entries, and prizes will be awarded in accordance with these Official Rules (the "Rules").
1. BINDING AGREEMENT: In order to enter the Contest, you must agree to the Rules. Therefore, please read these Rules prior to entry to ensure you understand and agree. You agree that submission of an entry in the Contest constitutes agreement to these Rules. You may not submit an entry to the Contest and are not eligible to receive the prizes described in these Rules unless you agree to these Rules. These Rules form a binding legal agreement between you and Unique Valentine Gift with respect to the Contest.
2. ELIGIBILITY: To be eligible to enter the Contest, an Entrant must: (a) be a U.S. citizen or permanent U.S. legal resident (i.e. must be able to show proof of legal permanent residence, for example, a "green card"); Contest is void in Puerto Rico, U.S. territories and possessions, outside of the U.S., and where prohibited by law. Employees, interns, contractors, and official office-holders of Unique Valentine Gift, and its parent company, subsidiaries, affiliates, and their respective directors, officers, employees, advertising and promotion agencies, representatives, and agents ("Contest Entities"), and members of the Contest Entities' and their immediate families (parents, siblings, children, spouses, and life partners of each, regardless of where they live) and members of the households (whether related or not) of such employees, officers and directors are ineligible to participate in this Contest. All Previous Contest Winners are eligible to enter the Contest.
3. SPONSOR: The Contest is sponsored by Unique Valentine Gift, a Maryland corporation with principal place of business at 9813 Belhaven Road, Bethesda, Maryland 20817, USA.
4. CONTEST PERIOD: The Contest begins on January 25, 2013 at 6:00:00 A.M. Eastern Time (ET) Zone in the United States and ends on February 15, 2013 at 11:59:59 P.M. PT (“Contest Period”). All dates are subject to change.
5. HOW TO ENTER: NO PURCHASE NECESSARY TO ENTER OR WIN. To enter the Contest, visit the Contest website located at uniquevalentinegift.com/Contest/ ("Contest Site") during the Contest Period and follow the instructions that appear on the two-page official entry form ("Entry Form") for: (a) submitting a Love Letter that reflects Entrant’s creative interpretation of Valentine’s Day as it relates to the Contest theme "Unique Valentine Letter"; (b) completing all information on the second page of the Entry Form before submitting; and (c) submitting a supporting statement of fifty (50) words or less and a title for the Unique Valentine Letter that is based upon the Contest theme. The Valentine Letter and supporting statement must meet the "Unique Valentine Letter Requirements," described below.
To submit an entry in hard-copy form, the entry must be mailed in an envelope (packaged carefully so it will not be damaged) with proper postage affixed, to the following mailing addresses:
Unique Valentine Love Letter
9813 Belhaven Road
Bethesda Maryland 20817 USA
To submit an entry via the digital upload tool on the Contest Site, please follow the instructions on the Contest Site once the tool is available for use. Please note this form of entry is in addition to the other forms of entry to the Contest. Unique Valentine Gift is not responsible for illegible or incorrectly submitted entries made via the digital upload tool.
Entries received without a completed Entry Form or without a parent’s or legal guardian's signature will be disqualified.
LIMIT ONE (1) ENTRY PER ENTRANT. Subsequent entries will be disqualified. To be considered for the Contest, entries must be: (i) complete (as determined by Unique Valentine Gift); (ii) postmarked by
February 15, 2013 by 11:59:59 p.m. (PT); (iii) received by
February 25, 2013 by 11:59:59 p.m. (ET); and (iv) in English (unless otherwise specified). Machine or computer-generated mass entries will be disqualified. Any submission not meeting the aforementioned criteria will be disqualified. Unique Valentine Gift accepts no responsibility for submissions lost, delayed, damaged, defaced, or mislaid, howsoever caused. Proof of mailing does not constitute proof of entry. All entries will be deemed made by the Entrant submitted at the time of entry.
6. VALENTINE LETTER REQUIREMENTS. The Unique Valentine Love Letter and supporting statement must meet the following criteria (
"Valentine Requirements"):
(a) They must not be derogatory, offensive, threatening, defamatory, disparaging, libelous or contain any content that is inappropriate, indecent, sexual, profane, tortuous, slanderous, discriminatory in any way, or that promotes hatred or harm against any group or person, or otherwise does not comply with the theme and spirit of the Contest.
(b) They must not contain any content, material or element that displays any third party advertising, slogan, logo, trademark or otherwise indicates a sponsorship or endorsement by a third party, commercial entity or that is not within the spirit of the Contest, as determined by Sponsor, in its sole discretion.
(c) They must be original, unpublished works that does not contain, incorporate or otherwise use any content, material or element that is owned by a third party or entity.
(d) They cannot contain any content, element, or material that violates a third party’s publicity, privacy or intellectual property rights.
(e) The Valentine Love Letter is not the subject of any actual or threatened litigation or claim.
(f) The Entrant does not include any disparaging remarks relating to the Sponsor or a third party.
During the Contest Period, the Sponsor, its agents and/or the Judges (defined below) will be evaluating the Love Letters to ensure that they meet the Valentine Love Letter Requirements. The Sponsor reserves the right, in its sole discretion, to disqualify any Entrant who submits a Valentine Love Letter that does not meet the Valentine Love Letter Requirements. Incomplete entries or entries not complying with these Rules are subject to disqualification.
7. JUDGING: Each Unique Valentine Love Letter will be evaluated and scored based on the following
"Criteria":
(i)
artistic merit - writing skills and use of grammar and punctuation;
(ii)
creativity and originality - considering the representation of the Contest theme "Unique Love Letter", and use of the Valentine's Day
(iii)
adherence to the Love Letter Requirements and these Rules.
Decisions of the judges are final and binding. In the event there are not enough eligible entries, not all prizes will be awarded. If a potential winner is unable for whatever reason to accept his or her prize, then UniqueValentineGift.com reserves the right to award the prize to another entrant.
Notification of Finalists and Winners: Becoming a finalist is subject to validation and verification of eligibility and compliance with all the terms and conditions set forth in these Rules. If a potential finalist or winner is disqualified for any reason, the Love Letter that received the next highest total score will be chosen as the potential finalist or winner. The potential finalist(s) and winner(s) will be selected and notified by telephone and/or email, at Sponsor’s discretion. If a potential finalist/winner does not respond to the notification attempt within three (3) days from the first notification attempt, then such potential finalist/winner may be disqualified and an alternate potential finalist/winner will be selected from among all eligible entries received based on the judging Criteria described herein. With respect to notification by telephone, such notification will be deemed given when the potential finalist/winner or potential finalist/winner’s parent or guardian engages in a live conversation with Sponsor or when a message is left on the potential finalist/winner’s voicemail service or answering machine by the Sponsor, whichever occurs first. Except where prohibited by law, each potential state finalist/winner may be required to sign and return an Affidavit of Eligibility and Liability and Publicity Release and provide any additional information that may be required by Sponsor. If required, potential finalists/winners must return all such required documents via fax (or as otherwise instructed) within forty-eight (48) hours and via U.S. Mail within seven (7) days following attempted notification or such potential finalist/winner will be deemed to have forfeited the prize and another potential finalist/winner may be selected based on the judging Criteria described herein. In the event the potential finalist/winner is a minor, his or her parent or legal guardian must sign the documents and return them as described herein. All notification requirements, as well as other requirements within these Rules, will be strictly enforced. Determinations of Judges are final and binding.
8. PRIZES: Prize Winners will win either;
The Sweetest Day Message In A Bottle,
I Love You Message and Heart Box,
The Orb of Eros, or the
Philia Ball based on their score.
The time of the prize distribution will be provided to winners in the prize acceptance documents but will not be earlier than four (4) weeks from Sponsor’s receipt of prize acceptance documents from winners. All prizes awarded to minors will be paid in the name of the parent or legal guardian for the benefit of the child. No transfer, substitution or cash equivalent for prizes is allowed, except at Sponsor’s sole discretion. Sponsor reserves the right to substitute a prize, in whole or in part, of equal or greater monetary value if a prize cannot be awarded, in whole or in part, as described for any reason. Value is subject to market conditions, which can fluctuate and any difference between actual market value and actual retail value will not be awarded. The prize(s) may be subject to restrictions and/or licenses and may require additional hardware, software, service, or maintenance to use. The winner shall bear all responsibility for use of the prize(s) in compliance with any conditions imposed by such manufacturer(s), and any additional costs associated with its use, service, or maintenance. Sponsor has not made and is not responsible in any manner for any warranties, representations, or guarantees, express or implied, in fact or law, relating to the prize(s), regarding the use, value or enjoyment of the prize(s), including, without limitation, its quality, mechanical condition, merchantability, or fitness for a particular purpose, with the exception of any standard manufacturer's warranty that may apply to the prize or any components thereto.
10. GENERAL CONDITIONS: All federal, state and local laws and regulations apply. UniqueValentineGift.com reserves the right to disqualify any Entrant from the Contest if, in Unique Valentine Gift’s sole discretion, it reasonably believes that the Entrant has attempted to undermine the legitimate operation of the Contest by cheating, deception, or other unfair playing practices or annoys, abuses, threatens or harasses any other entrants, Unique Valentine Gift, or the Judges.
11. INTELLECTUAL PROPERTY RIGHTS: Entrant grants Unique Valentine Gift a perpetual, irrevocable, worldwide, transferable, royalty-free, and non-exclusive license to use, reproduce, adapt, modify, publish, distribute, publicly perform, create a derivative work from, and publicly display the Unique Love Letter for any purpose, including display on the UniqueValentineGift.com website, without any attribution or compensation to Entrant. Entries will not be returned.
12. PRIVACY: Entrants agree that personal data submitted with an entry, including name, mailing address, phone number, and email address may be collected, processed, stored and otherwise used by Sponsor and its affiliates for the purposes of conducting and administering the Contest. By entering the Contest, Entrants agree to the transmission, processing, disclosing and storage of this personal data by Sponsor and its affiliates. All personal information that is collected from the Entrant will not be distributed to third parties. If an Entrant does not provide the data required at entry, that Entrant’s entry may be ineligible.
13. PUBLICITY. By entering the Contest, Entrants agree to participate in any media or promotional activity resulting from the Contest as reasonably requested by Unique Valentine Gift at Unique Valentine Gift’s expense and agree and consent to use of their name and/or likeness by Unique Valentine Gift. Unique Valentine Gift will contact Entrants in advance of any Unique Valentine Gift-sponsored media request for interviews.
The Unique Valentine Letters may also be used for press and media purposes and Entrant agrees to waive any rights and not assert any intellectual property rights that Entrant has or may have in the Unique Valentine Letter. Unique Valentine Gift reserves the right to publish the name and likeness of the Entrants with the top 50 scores, the Finalists and the Winner on the Contest Site or through other media for publicity purposes.
14. WARRANTY AND INDEMNITY: Entrants warrant that their Unique Love Letters are their own original work and, as such, they are the sole and exclusive owner and rights holder of the submitted Unique Love Letter and that they have the right to submit the Unique Love Letter in the Contest and grant all required licenses. Each Entrant agrees not to submit any Unique Love Letter that: (a) infringes any third party proprietary rights, intellectual property rights, industrial property rights, personal or moral rights or any other rights, including without limitation, copyright, trademark, trade names, industrial designs, patent, trade secret, privacy, publicity or confidentiality obligations; or (b) otherwise violates applicable state, federal, or local law.
To the maximum extent permitted by law, Entrant indemnifies and agrees to keep indemnified Sponsor at all times from and against any liability, claims, demands, losses, damages, costs and expenses resulting from any act, default or omission of the Entrant and/or a breach of any warranty set forth herein. To the maximum extent permitted by law, Entrant agrees to defend, indemnify and hold harmless Sponsor from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys fees) arising out of or accruing from: (i) any Unique Love Letter or other material uploaded or otherwise provided by Entrant that infringes any copyright, trademark, trade secret, trade dress, patent or other intellectual property right of any person or defames any person or violates their rights of publicity or privacy; (ii) any misrepresentation made by Entrant in connection with the Contest; (iii) any non-compliance by Entrant with these Rules; (iv) claims brought by persons or entities other than the parties to these Rules arising from or related to Entrant’s involvement with the Contest; (v) acceptance, possession, misuse or use of any prize or participation in any Contest-related activity or participation in the Contest; (vi) any malfunction or other problem with the Contest Site in relation to the entry and participation in the Contest by Entrant; (vii) any error in the collection, processing, or retention of entry or voting information in relation to the entry and participation in the Contest by Entrant and in the voting process by consumers; or (viii) any typographical or other error in the printing, offering or announcement of any prize or winners in relation to the entry and participation in the Contest by Entrant.
15. ELIMINATION. Any false information provided within the context of the Contest by Entrant concerning identity, mailing address, telephone number, email address, ownership of right or non-compliance with these Rules or the like may result in the immediate elimination of the entrant from the Contest.
16. INTERNET AND DISCLAIMER. UniqueValentineGift.com is not responsible for any malfunction of the entire Contest Site or any late, lost, damaged, misdirected, incomplete, illegible, undeliverable, or destroyed letters or votes due to system errors, failed, incomplete or garbled computer or other telecommunication transmission malfunctions, hardware or software failures of any kind, lost or unavailable network connections, typographical or system/human errors and failures, technical malfunction(s) of any telephone network or lines, cable connections, satellite transmissions, servers or providers, or computer equipment, traffic congestion on the Internet or at the Contest Site, or any combination thereof, including other telecommunication, cable, digital or satellite malfunctions which may limit Entrant’s/consumer’s ability to participate/vote respectively. UniqueValentineGift.com is not responsible for the policies, actions, or inactions of others, which might prevent Entrant from entering, participating, and/or claiming a prize in this Contest. Sponsor’s failure to enforce any term of these Rules will not constitute a waiver of that or any other provision. Sponsor reserves the right to disqualify Entrants who violate the rules or interfere with this Contest in any manner. If an Entrant is disqualified, Sponsor reserves the right to terminate that Entrant’s eligibility to participate in the Contest.
17. RIGHT TO CANCEL, MODIFY OR DISQUALIFY. If for any reason the Contest is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Contest, UniqueValentineGift.com reserves the right at its sole discretion to cancel, terminate, modify or suspend the Contest. UniqueValentineGift.com further reserves the right to disqualify any Entrant who tampers with the submission process or any other part of the Contest or Contest Site. Any attempt by an Entrant to deliberately damage any web site, including the Contest Site, or undermine the legitimate operation of the Contest is a violation of criminal and civil laws and should such an attempt be made, UniqueValentineGift.com reserves the right to seek damages from any such Entrant to the fullest extent of the applicable law.
18. NOT AN OFFER OR CONTRACT OF EMPLOYMENT: Under no circumstances shall the submission of a Unique Valentine Love Letter into the Contest, the awarding of a prize, or anything in these Rules be construed as an offer or contract of employment with either UniqueValentineGift.com, or the Contest Entities. Entrants acknowledge that they submitted their Unique Love Letter voluntarily and not in confidence or in trust. Entrants acknowledge that no confidential, fiduciary, agency or other relationship or implied-in-fact contract now exists between Entrant and UniqueValentineGift.com or the Contest Entities and that no such relationship is established by Entrant’s submission of a Unique Valentine Love Letter under these Rules.
19. FORUM AND RECOURSE TO JUDICIAL PROCEDURES: These Rules shall be governed by, subject to, and construed in accordance with the laws of the State of Maryland, United States of America, excluding all conflict of law rules. If any provision(s) of these Rules are held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect. To the extent permitted by law, the rights to litigate, seek injunctive relief or make any other recourse to judicial or any other procedure in case of disputes or claims resulting from or in connection with this Contest are hereby excluded, and Entrants expressly waive any and all such rights.
20. ARBITRATION: By entering the Contest, you agree that exclusive jurisdiction for any dispute, claim, or demand related in any way to the Contest will be decided by binding arbitration. All disputes between you and UniqueValentineGift of whatsoever kind or nature arising out of these Rules, shall be submitted to Judicial Arbitration and Mediation Services, for binding arbitration under its rules then in effect in the Bethesda, Maryland, USA area, before one arbitrator to be mutually agreed upon by both parties. The parties agree to share equally in the arbitration costs incurred.
22. WINNER’S LIST: You may request a list of winners after
July 1, 2013 but before
January 1, 2014 by sending a self addressed stamped envelope to:
Unique Valentine Love Letter Contest
Unique Valentine Gift
9813 Belhaven Road
Bethesda, Maryland 20817 USA