Wine.com "Best Bottle Backdrop" Photo Contest
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THE CONTEST.
A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED. The Contest is open only to legal residents of the United States and the District of Columbia who are at least 18 years old (or the age of majority under applicable law). IF YOU DO NOT MEET ANY OF THESE REQUIREMENTS, OR ANY OTHER ELIGIBILITY REQUIREMENTS IN THESE OFFICIAL CONTEST RULES, YOU ARE NOT ELIGIBLE TO WIN A PRIZE, AND CALENDARS.COM L.L.C ("SPONSOR") RESERVES THE RIGHT NOT TO AWARD PRIZES TO YOU. To be eligible to win a Contest prize, entries must be completed and received by Sponsor in the manner and format designated below and in the Official Contest Rules. Limit one Contest Entry (as defined below) per person, per email address, per day, however each Contest Entry must be unique.
Sponsor, Facebook, Inc., the Contest Entities, all participating sponsors and any of their respective parent companies, subsidiaries, affiliates, directors, officers, professional advisors, employees, media partners, printers, and agencies (collectively, the "Released Parties") will not be responsible for: (a) any late, lost, misrouted, garbled or distorted or damaged transmissions or entries; (b) telephone, electronic, hardware, software, network, Internet, or other computer- or communications-related or technical malfunctions or failures; (c) any Contest disruptions, injuries, losses or damages caused by events beyond the control of Sponsor or by non-authorized human intervention; (d) damage caused by computer virus or otherwise resulting to any computer from entrant's Participation in the Contest or access of the any websites related to the Contest, whether human, mechanical or electronic; (e) any printing or typographical errors in any materials associated with the Contest; or (f) incorrect or inaccurate information, whether caused by Internet users or by any of the programming or equipment associated with or used in the Contest.
Sponsor's Best Bottle Backdrop Photo Contests begins November 15, 2013 at 00:01 Central Standard Time ("CST") and ends December 9, 2013, at 12:00 PM CST (the "Contest Period"). All entries must be received during the Contest Period to be eligible to win. Sponsor's time clock will be the official time clock for the Contest. Contest will include public voting. Public voting begins November 15, 2013 at 00:01 Central Standard Time and ends December 9, 2013, at 12:00 PM CST.
NO PRIZES ARE BEING AWARDED.
ODDS OF WINNING
Odds of winning the Contest and being in first place on the Leaderboard at the end of the promotion period depend on the number of eligible entries received.
HOW TO ENTER.
To enter the Contest, take the following steps during the Contest Period:
First, capture an original photo of a wine bottle with your favorite wine pairing ("Photo"). The photo must include a bottle of wine. Second, visit the "Wine.com Best Bottle Backdrop Contest" application found at http://bestbottlebackdrop.wine.com/activity#/winecompanion/engage/bestbottlebackdrop
and complete the entry form.
Next, follow the directions to submit your Photo, including specifying a Photo name and caption. Photo must be in .jpg, .gif, or .png format. Limit one Photo per Contest Entry. Photos, photo name, and caption must not include any third party's likeness or name or third party's logo, company name, trademark, service mark, copyrighted material, or material that is any way proprietary to another entity. Your "Contest Entry" includes your Photo, Photo name, Photo caption, and your completed online form. By entering, the Contest, you understand and agree that your Contest Entry may be posted on the Contest Application for public voting.
All requested information must be provided for your entry to be valid. Entries become the property of Sponsor and will not be returned. Entries and entrants may be subject to verification by Sponsor in its sole discretion. All entries must be in English. Any attempt by an entrant to obtain more than the stated number of Contest entries by using multiple/different email addresses, identities, registrations, profiles or any other methods will void such entrant's entries and that entrant may be disqualified. Entries generated through a third-party website or software or in any way other than the manner and format set forth in these Official Rules is prohibited, and Sponsor reserves the right to disqualify any such entrant(s).
Contest Entry is not eligible until it has been reviewed and approved and posted by Sponsor or Sponsor's designated Contest administrator ("Administrator"); Sponsor and Administrator's decisions are final and binding with respect to all aspects of this Contest. (Sponsor or Administrator will make best efforts to post eligible Photos to the Contest Application within 48 hours of complete submission.).
By submitting a Contest Entry, entrant warrants and represents that he/she is the person who took the Photo. Entrant agrees that the Contest Entities are not responsible for any unauthorized use of Contest Entries or Photos by third parties. Sponsor and Administrator do not guarantee the posting of any entry and any/all posting is at their sole discretion. At any time during the Contest, even if the entry is already posted on the Contest Application, if Sponsor and Administrator determines that an entrant's Contest Entry does not comply with any of the Official Contest Rules, such entry may be disqualified.
Other Contest Submission Requirements: Photos must NOT (as determined in Sponsor's and Administrator's sole discretion):
- Have been previously licensed, published, distributed or publicly used or displayed;
- Previously won any prizes or awards in any promotion;
- Depict dangerous or uncomfortable situations
- Depict actual or perceived harm (whether intentional or not)
- Contain material that:
- Disparages any person, Sponsor and/or any of its affiliates' products, competitors, or any of the Contest Entities, or other companies;
- Violates or infringes upon the copyrights, trademarks, right of privacy, right of publicity or other intellectual property or proprietary rights of any person or entity;
- Includes brand names, copyrighted work or trademarks/logos that may infringe on rights of any third party;
- Appears to intentionally duplicate any other submitted entries;
- Is hateful, tortuous, defamatory, slanderous or libelous;
- Promotes bigotry, racism, sexism, hatred or harm against any group or individual or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
- Contains any personally identifiable information, such as personal names or email addresses;
- Promotes alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing);
- Promotes any activities that may appear unsafe or dangerous;
- Is unlawful or in violation of any law;
- Contains any nudity, sexually explicit, lewd, offensive, disparaging or other inappropriate content;
- Is inappropriate or unsuitable to be entered into this Contest for any reason whatsoever;
- Communicates messages or images inconsistent with the positive images and/or goodwill with which Sponsor and/or the Contest Entities wish to be associated.
- Any Contest Entry or Photo that, in the sole opinion of Sponsor, is considered inappropriate or not suitable for publication under the Official Contest Rules may be disqualified.
IDENTITY OF ENTRANT.
In the event of a dispute about the identity of an entrant, entries will be declared made by the Authorized Account Holder of the email address used at time of entry. An "Authorized Account Holder" is defined as the natural person who is assigned to an email address by an Internet access provider, online service provider or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address. A potential winner may be required to provide Sponsor with proof that the potential winner is the Authorized Account Holder of the email address associated with the winning entry.
Eligible Photos will be posted on the Contest Application for public voting. Public voters will evaluate and vote for eligible Photo on the Contest Application.
Public Votes: Each eligible public vote is equal to one point. Limit one vote per public voter per day. Any votes in excess of this limit or any votes by the same person on one day using multiple, false, duplicate, fictitious or fraudulent registrations will be disqualified. Public votes generated by a script, macro, or other automated means will be disqualified.
Sponsor assumes no responsibility for any error, omission, interruption, deletion, defect, or delay in operation or transmission; communications line failure; theft or destruction of or unauthorized access to Contest entries, entry forms or voting; or alteration of votes and/or entries. Sponsor is not responsible for any problems with or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any entry to be received on account of technical problems or traffic congestion on the Internet or at any website, human errors of any kind, or any combination thereof, including any injury or damage to entrants' or any other persons' computers related to or resulting from participation, uploading or downloading of any materials related to in this Contest.
Sponsor will attempt to notify potential Contest winner on or about December 12, 2013. Potential Contest winner may be required to execute and return an Affidavit of Eligibility for verification purposes or Liability/Publicity Release within five (5) business days. In the event of noncompliance with these Official Rules, if notification is returned as undeliverable an alternate winner may be selected. An alternate winner shall be the eligible photo with the next highest voting points. This process shall be repeated until Sponsor verifies a winner for the Contest.
SPONSOR'S LICENSE TO CONTEST ENTRIES.
Each entrant grants to Sponsor, and its successors, assigns, licensees, representatives, agents, and those acting at Sponsor's direction, a perpetual, irrevocable, royalty-free, non-exclusive, worldwide right and license to publish, reproduce, display, perform, distribute, adapt, edit, modify, translate, create derivative works based upon, and otherwise use and sublicense your Contest Entry, or any portion thereof, in any manner, form, media or technology now known or later developed for any commercial or non-commercial purpose without your notice, review, or approval. Each entrant waives its moral rights, in the Contest Entry, in favor of the Sponsor, and its successors, assigns, licensees, representatives, agents, and those acting at Sponsor's direction. Each entrant agrees to take, at Sponsor's expense, any further action (including, without limitation, execution of affidavits and other documents) reasonably requested by Sponsor to effect, perfect or confirm Sponsor's rights as set forth above in this paragraph. Sponsor does not guarantee that all submitted Photos will be published.
REPRESENTATIONS AND WARRANTIES.
Original Work of Authorship. As an entrant, you hereby represent and warrant that (a) you are eligible to enter the Contest; (b) you shot/created the Photo submitted with your Contest Entry; (c) your Contest Entry is original to you and that you are the owner of all rights, title and interest in and to your Contest Entry and have the right to grant the rights granted herein or, alternatively, you have obtained all necessary rights and permissions to use and submit your Contest Entry in connection with the Contest and to provide all the rights specified in these Official Rules; (e) you have the unconditional right to submit your Contest Entry to Sponsor pursuant to these Official Rules, and your Contest Entry and the use thereof as contemplated herein does not and will not violate, misappropriate, or infringe upon any law or regulation or the rights of any third party, including, without limitation, any copyright, trademark, patent, or any rights of publicity or privacy, or any other intellectual property or proprietary rights; (f) your Contest Entry has not previously been entered in any other contest or promotion or published in any medium; and (g) your Contest Entry does not and will not violate any applicable laws, and is not and will not be defamatory or libelous.
As a condition of submitting an entry, each entrant acknowledges and agrees that (a) Sponsor and other participants have access to and/or may create or have created entries and/or other materials, ideas and concepts which may be similar or identical to the entrant’s entry in theme, idea, format, characters and/or other respects; (b) the entrant will not be entitled to any compensation or other consideration because of the use by Sponsor or any other participant of any such similar or identical material, ideas and/or concepts; and (c) Sponsor's or another participant's use of material containing elements similar to or identical with those contained in the entrant's entry shall not obligate Sponsor to negotiate with and shall not entitle entrant to any compensation or other claim.
NO AFFILIATION WITH FACEBOOK.
By entering this Contest, you release Sponsor and all Released Parties from any liability whatsoever, and waive any and all causes of action, related to any claims, costs, injuries, losses, or damages of any kind arising out of or in connection with the Contest or delivery, misdelivery, acceptance, possession, use of, misuse of or inability to use any prize (including, without limitation, claims, costs, injuries, losses and damages related to intellectual property, personal injuries, death, damage to or destruction of property, rights of publicity or privacy, defamation or portrayal in a false light, whether intentional or unintentional), whether under a theory of contract, tort (including negligence), warranty or other theory.
USE OF ENTRANT NAME, LIKENESS, ETC.
Except where prohibited by law, entry into this Contest constitutes permission to use each entrant's name and image (if submitted with your Contest Entry), hometown, likeness, persona without limitation, for promotional purposes without further notice, permission, or compensation.
WINNERS LIST; RULES REQUEST.
For a copy of the Contest winner list send a stamped, self-addressed, business-size envelope by February 28, 2014 to "Wine.com Best Bottle Backdrop Photo Contest" Winners List at 114 Sansome Street, 3rd Floor; San Franciso, CA 94104. To obtain a copy of these Official Rules, send a stamped, self-addressed, business-size envelope by February 28, 2014 to "Wine.com Best Bottle Backdrop Photo Contest" Official Rules at 114 Sansome Street, 3rd Floor; San Franciso, CA 94104.
INTELLECTUAL PROPERTY NOTICE.
The Contest and all accompanying materials are copyright 2013 by Wine.com, Inc.. All rights reserved. FACEBOOK is a trademark of Facebook, Inc.
The Contest and these Official Rules will be governed, construed and interpreted under the laws of the state of California, U.S.A., without regard to conflict or choice of law provisions or international treaties or conventions. Entrants agree and consent to exclusive jurisdiction and venue of the federal and state courts located in San Francisco County in the State of California, U.S.A. Entrants agree to be bound by the Official Rules and by the decisions of Sponsor, which are final and binding in all respects. Sponsor reserves the right to change the Official Rules at any time and for any reason, in its sole discretion and without notice, and reserves the right, for any reason, to suspend or cancel any Contest or any entrant's participation in any Contest including should viruses, bugs, unauthorized human intervention or other causes beyond Sponsor's control affect the administration, security, fairness or proper play of such Contest, or Sponsor otherwise becomes (as determined in its sole discretion) incapable of running such Contest as planned. Entrants who violate the Official Rules, violate any law, rule or regulation in connection with participation in any Contest, tamper with the operation of any Contest or engage in any conduct that is detrimental or unfair to Sponsor, any Contest or any other entrant (in each case as determined in Sponsor's sole discretion) are subject to disqualification from entry into the Contest. Sponsor reserves the right to lock out persons whose eligibility is in question or who have been disqualified or are otherwise ineligible to enter a Contest. Any provision of the Official Rules deemed unenforceable will be enforced to the extent permissible, and the remainder of these Official Rules will remain in effect. If you have any questions about these Official Rules or the Contest, please email them to email@example.com.
Wine.com, Inc. 114 Sansome Street, 3rd Floor; San Franciso, CA 94104