OFFICIAL RULES, TERMS & CONDITIONS
No purchase or payment of any kind is necessary to enter or win. Purchase does not improve
odds of winning. Contest is void where prohibited.
1) CONTEST PERIOD: Entries shall be accepted beginning at 12:00:01 a.m. Eastern Time
(“ET”) on July 15, 2009 All entries must be received prior to 11:59:59 p.m. ET
On August 15, 2009.
2) WHO IS ELIGIBLE: This contest is open and offered to legal residents of the fifty (50)
United States who live in the United States and are at least eighteen (18) years of age
as of contest start date (noted above). Employees, officers and directors of Sponsors (as defined below) and the Sponsor’s Affiliates (and their immediate families—children, spouse,
parents, siblings—and those living in their same households whether or not related) are
not eligible; “Sponsor’s Affiliates” includes all entities associated with Sponsor for
purposes of this Contest, such as subsidiaries, affiliated companies, advertising
agencies, promotional agencies, and judges, as well as the officers, directors,
employees, representatives, contractors, and agents of Sponsor and such entities. By
participating, each entrant (“Entrant”) agrees to be bound by these Official Rules, Terms
& Conditions (the “Rules”) and the decisions of the judges, which are final and binding in
all respects.
3) ENTRY GUIDELINES: Only original photographs, videos, or captions (“Media”) that
have not been previously published, for which the entrant possesses all necessary rights
will be accepted as valid entries. Media that have won awards or have been subjected
to any previous form of judging process will not be accepted. Each Entrant must follow
the online instructions at www.aoflowers.com for submitting Media and an entry (“Entry”).
Entries received without the appropriate information will not be accepted. Each Entrant
is only eligible for one prize regardless of prize level. Any Entry that, in the sole opinion of Sponsor, is considered obscene, indecent, objectionable, or otherwise not suitable for publication will be deemed ineligible. An Entry may not include images of corporate logos, trademarks, identities, or other proprietary materials such as television shows, magazines, or web pages. Entries cannot be offensive, illegal, pornographic, or obscene, or similarly inappropriate, as may be determined in Sponsors' sole discretion. Entries cannot include or reflect images or activities that are dangerous, unsafe or present unreasonable risk of harm to person or property, and photographs cannot suggest or imply to any person to undertake any such dangerous, unsafe or unduly risky activity or activities, as may be determined in
Sponsors' sole discretion. Entries also cannot be dangerous or unsafe to take or
produce. Such inappropriate photographs are not permitted, and any entry(s)
associated with such photographs will be deemed void. By submitting an Entry in this
Contest, each entrant represents and warrants that these requirements have been met.
Sponsors are not responsible for non-conforming, lost, late, incomplete, or illegible
entries or for inaccurate entry information, whether caused by participant or by any
technical or human error that may occur in the processing of entries. Incomplete,
mechanically reproduced, automated, and/or duplicate entries are not permitted and will
be deemed void.
4) MEDIA RIGHTS: All Media and other information submitted by any Entrant become the
property of Sponsor immediately upon submission in connection with the Contest. As
such, Entrant hereby assigns to Sponsor, without additional consideration, all of the
Entrant’s right, title and interest in and to the Media. If an Entry contains an identifiable
person (including in crowds) other than entrant (an “Identifiable Person”), Entrant
warrants that Entrant has obtained the consent of each Identifiable Person to use the
Media as outlined in these Rules. If an Entry is selected as a potential winner, the
Entrant will be required to obtain a release from each Identifiable Person (“Third Party
Release”) prior to the potential winner being verified authorizing Sponsor and its
Affiliates use, reproduce and distribute the photograph and/or video in which the
Identifiable Person appears. All Third Party Releases must be submitted on a form
provided by Sponsor. Further, by submitting an Entry, the Entrant grants permission for
Sponsor and Sponsor’s Affiliates to publish, post, display, and otherwise use the Media
in any form, in any manner, and in any media deemed appropriate by Sponsor or the
Sponsor Affiliate, without compensation of any kind to Entrant. Sponsor may post Entries
to the Website without editing or other prior review.
5) VOTING: Once the approved Entry is posted to www.aoflowers.com. Entries will be
voted on by registered members. Unregistered voters may register at the time of voting and thereby become immediately eligible to vote. Voters must follow the online instructions to vote for an Entry. The number of votes and the quality of the ratings will determine the winning Entries. Only votes received during the Contest Period will be accepted.
Only one vote per registered member will be accepted. Multiple votes
for a single Entry submitted by the same registered member will result in only the first
vote being counted. In the case of a tie, the tie will be broken by the Sponsor.
6) PRIZES: Prizes will be awarded to the Winner as defined below.
Sponsor reserves the right to substitute an advertised prize with another prize of equal
or greater value if advertised prize becomes unavailable. No transfer, assignment, cash
redemption, or substitution of a prize is permitted. Prizes are not exchangeable for
cash, merchandise, or other services. All applicable taxes, whether federal, state, local,
or otherwise, are solely each Winner’s responsibility.
7) WINNERS: Winners shall be determined based on the Entries with the highest number
of permitted votes under these Official Rules, subject to the provisions in this Section
Winners will be selected within 5 business days following the close of the contest period. Sponsors will reasonably attempt to notify winners by email, phone, or mail within thirty (30) days of selection. Winners may not substitute, assign, or transfer a prize or redeem a prize for
cash.
To accept a prize, an Entrant must complete, sign, and return an Affidavit of Eligibility
(“Affidavit”) and, where lawful, Liability/Publicity Release (“Release”) (collectively,
“Affidavit and Release”) within seven (7) days of receipt. If these forms are received by
the time indicated on the documents, or if an Entrant does not meet the eligibility
requirements set out in Section 2 above, or is otherwise unwilling or unable to comply
with these Official Rules, or cannot be contacted by within 30 days following the close of the contest period, an alternate Winner may be selected at and in a manner determined by the Sponsors’ sole discretion.
To request a list of winners or to receive a copy of these Rules, any person may write
his or her name and complete address on a 3”x5” card and mail in a first class stamped
envelope to: All Occasions Flowers, 1002 South Street, Philadelphia PA 19147, within 30 days of the close of the contest period.
8) PERSONAL INFORMATION: Upon entering the Contest, Entrants are required to fill out
entry forms correctly, including those spaces for personal information. Sponsors will
collect this personal information and use it for the purpose of administering the Contest,
publicizing the Contest, and other promotional purposes that benefit the Sponsors.
While personal information may be given at the entrant’s discretion, failure to provide
necessary information may prevent the Entry from being accepted by the organizer.
Note: Names of the Winners will be published on web sites, printed materials, and other
media related to the Contest.
9) GENERAL CONDITIONS: Non-compliance with these Official Rules may result in
disqualification. An individual is not a Winner until he/she has fully complied with these
Official rules.
At the time of entry, Entrants are deemed to have read, understand and be in agreement
with all rules and conditions. The organizer reserves the right to rule on any issue(s) not
covered by these Official Rules. Sponsor may, at its sole discretion, disqualify any
individual who tampers with any Entry or with the operation of the Contest, who acts in
violation of these Rules or otherwise in a non-sportsmanlike or disruptive manner, or
who displays any intent to threaten, abuse or harass any other person. Entries
generated by a robotic, programmed, script, macro or other automated means will be
disqualified. In the event that the efficiency, security, selection procedure, fairness of
the contest or any related operations are deemed to have been compromised by forces
beyond the control of the organizer – such as troubles relating to computer networks,
computer virus infections or unauthorized computer access – then the receipt of some or
all entries via the Internet may be postponed or discontinued.
In the event of a dispute regarding Entries received from multiple users having the same
mail account, the authorized subscriber of the email account at the time of the Entry
used to enter will be deemed to be the Entrant and must comply with these Rules.
Authorized account subscriber is the natural person who is assigned to the email
address by the Internet Service Provider (ISP), on-line service provider, or other
organization responsible for assigning email addresses.
10) RELEASE AND WAIVER OF CLAIMS: By entering, each Entrant agrees that Sponsor
and Sponsor’s Affiliates, and all of their respective parents, subsidiaries, affiliates,
advertising and promotion agencies, and all of their respective directors, officers,
governors, employees, shareholders, and agents (collectively, the “Releasees”) from,
will have no liability whatsoever for, and will be held harmless by Entrant against any
liability for any loss, harm, damage, cost, expense, or claims, including third party claims
based on publicity and/or privacy rights, defamation, and intellectual property associated
with or resulting from (i) acceptance, possession, or use of any prize, (ii) participation in
this Contest or any Contest-related activities, including any related travel, or (iii) use of
the Entry in any manner, even if caused or contributed to by the negligence of
Releasees.
Except where legally prohibited, each winner grants (and will confirm that grant in
writing) permission to Sponsor and Sponsor’s Affiliates, exercised in their sole
discretion, the right to use the winner’s name, picture, likeness, voice, biographical
information, and Entry (whether altered, changed, modified, edited, used alone, or used
with other works) at any time, in any form, in any media, without compensation of any
kind and without notice, review, or approval.
11) LIMITATIONS OF LIABILITY: Neither Sponsor nor Sponsor’s Affiliates are responsible
or otherwise liable in any manner for any
(i) lost, late, stolen, illegible, misdirected, non-delivered, or improperly captured Entry,
(ii) lost, interrupted, or unavailable satellite, network, server, or other connection,
(iii) accessibility or traffic congestion, miscommunication, or failed computer, network,
telephone, satellite, cable, transmission line, or communication line,
(iv) technical failure, malfunction, or difficulty, whether related to software or hardware, (v) jumbled, scrambled, delayed, or misdirected transmission,
(vi) incorrect, incomplete, or inaccurate information,
(vii) unauthorized access to, tampering with, or hacking into any website or electronic
device, or
(viii) other error, omission, interruption, deletion, defect, or delay of any kind whether
human, mechanical, electronic or network.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL SPONSOR
OR SPONSOR’S AFFILIATES BE RESPONSIBLE OR OTHERWISE LIABLE FOR ANY
DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT,
INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES RELATED TO THE
CONTEST, INCLUDING ANY ACCESS TO OR USE OF THE WEBSITE OR ANY
DOWNLOADING FROM OR PRINTING MATERIAL FROM THE WEBSITE. WITHOUT
LIMITED THE FOREGOING, EVERYTHING ON THE WEBSITE AND ALL PRIZES ARE
PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT.
SOME JURISDICTIONS MAY NOT ALLOW LIMITATIONS OR
EXCLUSIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES
OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE
LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. ANY ATTEMPT BY A
PARTICIPANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY UNDERMINE THE
LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND
CIVIL LAWS, AND SHOULD ANY SUCH ATTEMPT BE MADE, SPONSORS RESERVE
THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST
EXTENT PERMITTED BY LAW.
12) MISCELLANEOUS: By entering this Contest, Entrant agrees to all terms and conditions
as set forth herein and to all other Terms and Conditions of Use associated with the Site.
Further, Entrants waive any right to claim ambiguity in these Official Rules. This Contest
will be administered in the Commonwealth of Pennsylvania, and by participating, all entrants and their parents and guardians agree that the laws of the Commonwealth of Pennsylvania will apply exclusively to this Contest and that any dispute with respect to this Contest will be resolved in either the federal or state courts located in the Commonwealth of Pennsylvania.
