OFFICIAL RULES AND REGULATIONS
OFFICIAL RULES AND REGULATIONS
1. NO PURCHASE NECESSARY TO ENTER OR WIN. The Win This! “Erotic Summer Survival Kit” From Athena’s Home Novelties (“Contest”) is open to all legal residents of the United States, age 18 years or older, who are registered members of thefrisky.com as of August 4, 2011, except employees, officers, directors, members, managers, and agents ((and their immediate families (spouse, parent, child, sibling and their respective spouses) and household members (whether or not related)) of The Frisky (the “Sponsor”), and its parents, subsidiaries, affiliates, divisions, officers, directors, managers, members, trustees, franchisees, participating vendors, distributors, judges, advertising and promotion agencies and affiliated entities (collectively, with the Sponsor, “Contest Entities”). Void wherever prohibited or restricted by law. Contest is governed by U.S. law and subject to all applicable federal, state and local laws and regulations. By entering the Contest, entrants agree to accept and be bound by all terms of these official rules (“Official Rules”) and understand and agree that they and/or their Submissions (as defined below) may appear in television, internet, print media and/or radio coverage associated with the Contest or Sponsor.
2. HOW TO ENTER: From 12:00 a.m. Eastern Time (“ET”) on August 2, 2011 until 11:59 p.m. ET on August 4, 2011 (the “Entry Period”), Sponsor will conduct a Contest encouraging participants to enter for an opportunity to win a prize. To enter during the Entry Period, participants must: (i) log on to the Sponsor’s website http://www.thefrisky.com (the “Website”), beginning at 12:00 a.m. ET on August 2, 2011 and submit his/her comment on the Website topic (the online entry form and the essay will be referred to collectively as the “Submission”). Online Submissions must be submitted using the uploading instructions located on the Website. To be eligible each online Submission must be received no later than 11:59 p.m. ET on August 4, 2011. All Submissions become the property of the Sponsor and will not be acknowledged or returned. Participant warrants and represents that: (a) he/she is the sole and exclusive owner of the Submission and all rights therein; (b) he/she has the full and exclusive right, power and authority to submit the Submission and to grant the Contest Entities the rights to the Submission herein granted upon the terms and conditions set forth herein; (c) no part of the Submission has been published or otherwise used in any way; (d) no rights in the Submission have been previously granted to any person, firm, corporation or other entity or otherwise exercised or made use of or encumbered in any way; and (e) his/her Submission does not defame or invade publicity rights or the privacy of any person, living or deceased, or otherwise infringe upon any person’s personal or property rights or any other third party rights. Sponsor reserves the right in its sole discretion to disqualify any Submission at any time in the event it is determined Submission is offensive, inappropriate, not in keeping with Sponsor’s image or if it is determined that the participant has not otherwise complied with these Official Rules. If the Submission contains any material or elements that are not owned by the participant and/or which are subject to the rights of third parties, the participant is responsible for obtaining, prior to submission of the Submission, any and all releases and consents necessary to permit the use and exhibition of the Submission by Sponsor in the manner set forth in these Official Rules, including, without limitation, the name and likeness permissions from any person who appears in or is identifiable in the Submission. Sponsor reserves the right to request proof of these permissions in a form acceptable to Sponsor from any participant at any time. The Released Parties (as defined below) are not responsible for misdirected, delayed, incomplete, inaccurate, lost, late, illegible, undeliverable or postage-due Submissions, technical, hardware, or software failures of any kind, lost or unavailable network connections, or failed, incomplete, garbled or delayed computer transmissions, intellectual property theft or other unauthorized use of intellectual property, or other errors or problems which may limit or affect a person’s ability to participate in the Contest, whether human, mechanical, typographical, printing, electronic, network or otherwise, relating to or in connection with the Contest, including, without limitation,
errors which may occur in connection with the administration of the Contest, the processing or judging of Submissions, the announcement of the prize or in any Contest-related materials. In the event of sabotage, acts of God, terrorism or threats thereof, computer virus or other events or causes beyond the Sponsor’s control, which corrupt the integrity, administration, security or proper operation of the Contest, Sponsor reserves the right, in its sole discretion, to modify, cancel or suspend the Contest (or a portion thereof). In the event of cancellation, Sponsor reserves the right to judge all eligible, non-suspect Submissions received prior to the event requiring such cancellation using the judging procedure outlined below. False or deceptive Submissions or acts will render the participant ineligible. A participant hereby acknowledges and agrees that the relationship between participant and Sponsor is not a confidential, fiduciary, or other special relationship, and that participant’s decision to submit his/her Submission to Sponsor for purposes of the Contest does not place Sponsor in a position that is any different from the position held by members of the general public with regard to elements of participant’s Submission. By entering this Contest, participant acknowledges and agrees that Sponsor may create on its own or obtain many Submissions under this Contest and that such Submissions may be similar or identical in theme, idea, format or other respects to others submitted under this Contest and/or other contests staged and/or sponsored by Sponsor, and waive any and all claims participant may have had, may have, and/or may have in the future, that any Submissions and/or other works accepted, reviewed and/or used by other participants and/or Sponsor (or its designees) may be similar to participant’s Submission. Participant acknowledges and agrees that Sponsor has no, nor shall have in the future, any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of any copyright in and to participant’s Submission. Limit one (1) Submission per person or e-mail address.
3. HOW TO WIN: One (1) Grand Prize Winner will be selected by a panel of qualified judges from The Frisky (“Judges”) on or around August 5, 2011 from among all eligible Submissions received during the Entry Period based on the following criteria: (i) 33% creativity, (ii) 33% humor and, (iii) 34% relevance to the topic (the “Judging Criteria”).
Sponsor reserves the right to not award a prize if, in its sole discretion, it does not receive a sufficient number of eligible and qualified Submissions. In the event of a tie, an additional “tie-breaking” judge will judge such tied participants based on the Judging Criteria. The decisions of the Sponsor and Judges will be final and binding in all matters.
4. PRIZE: One (1) Grand Prize Winners will receive an “Erotic Summer Survival Kit” valued at One Hundred and Thirty dollars ($130.00 USD). TOTAL AMV OF ALL PRIZES (1 PRIZE): One Hundred and Thirty dollars ($130 USD). No substitution or transfer of prizes or cash redemptions permitted by the Grand Prize Winners. Sponsor reserves the right to substitute for any reason whatsoever a prize (or portion thereof) of comparable or greater value. Prizes are awarded “as is” with no warranty or guarantee, either express or implied by Sponsor. The Grand Prize Winners are responsible for the reporting and payment of all taxes (if any) as well as any other costs and expenses associated with acceptance and use of a prize not specified herein as being awarded (including transportation to and from the event). All prize details are at Sponsor’s sole discretion.
5. GENERAL RULES AND REGULATIONS: By entering this Contest and/or accepting the prizes, participants grant Sponsor and its designees the right, unless prohibited by law, to use their names, cities and states of residences, voices, performances, pictures and likenesses (including recorded media coverage), without compensation, notification or approval, for the purpose of advertising, promotional and other purposes, in any manner or medium, now or hereafter known, throughout the universe in perpetuity. The potential Grand Prize Winners may be required to execute an affidavit of eligibility, liability release, tax acknowledgment form and, except where prohibited by law, publicity release and return within five (5) business days of date of issuance of notification. Noncompliance within this time period or failure a potential Grand Prize Winner to respond to a notification attempt within five (5) days of such attempt may result in disqualification and, at Sponsor’s discretion, a runner-up will be declared the potential Grand Prize Winner based on the Judging Criteria. If: (i) any prize notification is returned as undeliverable, (ii) a potential Grand Prize Winner declines his or her prize; or (iii) a potential Grand Prize Winner fails to comply with any of the Official Rules as outlined herein, he/she will be disqualified and, at Sponsor’s discretion, a runner-up will be declared a potential Grand Prize Winner. With respect to the participants’ Submissions, participants hereby irrevocably grant Sponsor and its designees the non-exclusive, perpetual, universal right to use their Submissions, in whole or in part, alone or in combination with other material, or as a basis for new material, as Sponsor may determine in its sole discretion, and to use the Submission in connection with the Contest and related advertising and promotion or otherwise. Without limiting the generality of the foregoing, participants agree that the rights granted hereunder shall include, but not be limited to, the perpetual, universal right of Sponsor and its designees to use, edit, telecast, cablecast, rerun, record, publish, reproduce, license, print, distribute and/or otherwise exploit, in any language and in all media now known or hereafter devised, the Submissions in whole or in part, without any further compensation to participant or any third party. Participants may be required to execute any documents necessary to perfect such rights in the Sponsor. The Contest Entities, and their respective officers, directors, employees and agents (collectively, the “Released Parties”) expressly disclaim any responsibility and participants agree to indemnify and hold harmless the Released Parties from and against any and all claims, actions, demands and/or liability for injury, damage or loss whatsoever relating to or arising in connection with participation in this Contest (regardless of the cause of such injury, damage or loss), Sponsor’s use of any materials submitted by participant and/or the delivery and/or subsequent use or misuse of any of the prizes awarded (including any travel or activity related thereto).
6. OFFICIAL RULES OR GRAND PRIZE WINNERS LIST: For a copy of these Official Rules or the Grand Prize Winners List (available after August 5, 2011), send a self-addressed, stamped envelope (residents of VT need not include return postage on rules requests) to the following address by September 5, 2011 (please specify “Official Rules” or “Grand Prize Winners”) – Win This! “Erotic Summer Survival Kit” From Athena’s Home Novelties Contest, 276 5th Ave, Ste 1007 New York, NY 10001
SPONSOR: The Frisky, 276 5th Ave, Ste 1007 New York, NY 10001
© 2009 The Frisky. A member of BUZZMEDIA Entertainment, a division of BUZZMEDIA. All Rights Reserved.