Benzoholic Mission #4: Billionaire Boyfriend Contest Rules
ASHLEYBENSON.NET BOYFRIEND PHOTO CONTEST RULES
*NO PURCHASE NECESSARY
*PURCHASE WILL NOT ENHANCE ODDS OF WINNING
ELIGIBILITY:
Participation in the AshleyBenson.net Boyfriend Photo Contest (individually or collectively, the “Contest”) constitutes full and unconditional agreement to, and acceptance of, these ASHLEYBENSON.net Official Rules (the “Official Rules”). The Contest, owned and operated by The Digital Media Management (“the Company”) is open to legal residents of the United States, and the District of Columbia who are: (a) eighteen (18) years of age or older at the time of entering the Contest or have the permission of their parent/guardian. Employees, officers and directors of Company, its parent companies, affiliates, subsidiaries, advertising, promotion and fulfillment agencies, their immediate family members and persons living in their same household, are not eligible to win prizes in the Contest. This Contest is offered in the United States only and, to the maximum extent permitted by applicable law, shall only be construed and evaluated according to applicable United States law shall only be construed and evaluated according to applicable United States law.
GENERAL RULES OF CONTEST:
To enter the Contest, you must submit a photograph of yourself (see “How to Enter” below). The Contest will last two (2) calendar weeks. The winner of the Contest will be the entrant that submits the photograph that is deemed “best” by the judges. By registering for the Contest, entrants agree (a) to accept e-mail marketing messages from AshleyBenson.net. See “Privacy Statement” herein below for detailed information concerning Company’s Privacy Policy(“Privacy Policy”).
HOW TO ENTER:
- Online: Go online to http://www.ashleybenson.net to the competition blog post and email one (1) current photograph to ashleybenson@digitalmediamanagement.com to enter. Any improperly submitted photographs will be VOID. Entrant must be the owner of the photograph, or otherwise have the right to submit the photograph for consideration in the Contest. Online entries will be accepted by the due date. All entries must be received by 11:59:59 p.m. PST on February 22, 2012 in order to be eligible to win the Contest.
SELECTION OF FINALISTS AND WINNER:
Each photograph submitted must be approved for posting on the Contest website by a member of Company’s photo selection committee. Photos may be approved or rejected based on suitability (for example, no pet or adult photos are appropriate) for the Contest at Company’s sole discretion. Only those photos that are approved for posting will be deemed eligible to win the Contest. All photos that are approved for posting on the Contest website will be deemed “Finalists” for the contest.
The photograph that is chosen by the judges will be deemed the winning Contest photograph. Two (2) first place winners will be chosen.
Each winner, and any runners up, will be notified by return email. Each winner will be selected based upon the discretion of the judges, and will be subject to approval by Company pending confirmation of each such winner’s compliance with these Official Rules. Company’s decisions are final on all matters relating to this Contest.
ODDS OF WINNING:
The odds of winning the Contest are a function of a number of factors including, but not limited to, the number of entries, the date of entry and quality of the photograph.
PRIZE DESCRIPTION:
Each Contest winner will receive a one (1) Eau de Parfum of BOYFRIEND and one (1) Eau de Parfum of BILLIONAIRE BOYFRIEND. Winning photos may appear on the home page of the Contest Website, where potentially thousands of viewers may see the photograph. Entrants waive any and all rights to photographs and give Company the right to publish same in any medium without compensating entrants.
TAX CONSEQUENCES:
Any applicable United States federal, state and/or local taxes are the responsibility of each winner. The determination of liability for any United States federal, state and/or local taxes that may arise out of the entrant’s participation in the Contest (including the entrant’s receipt of any prizes), and the payment of any such tax liability, shall be the sole responsibility of the entrant. However, should United States federal, state and/or local law impose any tax reporting or filing obligations on Company arising out of the entrant’s participation in the Contest (including the entrant’s receipt of any prizes), the entrant agrees to timely provide Company with any information that is reasonably necessary for Company to comply with any such reporting or filing obligations. In addition, should United States federal, state or local law impose any tax withholding obligation on Company with respect to entrant’s receipt of any prizes, the entrant agrees to such withholding and shall timely provide any information to Company as may be required for Company to accomplish such withholding.
SPECIAL TERMS:
Company reserves the right, in its sole discretion, to reject any photographs. No inappropriate, indecent or obscene photographs may be submitted to Company for entry into the Contest or submitted for display on the Contest Website. Visitors to the Contest Website may notify Company through the “Contact Us” button of any photographs or captions that appear to violate these Official Rules. Company will use its best efforts to exclude any such photographs or captions; however, Company is not a publisher of the photographs; it is merely providing a forum for the display of these photographs for voting purposes and, therefore, Company expressly disclaims any and all liability associated with the display of any of the photographs on the Contest Website.
PRIVACY STATEMENT:
For a thorough recital of the Privacy Policy, please read the Privacy Policy for the Company linked below.
REPRESENTATIONS AND WARRANTIES OF ENTRANT:
Entrant represents and warrants to Company, its affiliates and its advertising sponsors that: (a) he/she is over eighteen (18) years of age or have the permission of their parent/guardian and a legal resident of the U.S., the District of Columbia; (b) he/she has all of the rights and authority necessary to submit the photograph(s) for entry in the Contest in compliance with these Official Rules, including the right to publish the photograph, and the right to grant the Promotion Release set forth hereinbelow; (c) the publication of the photograph(s) will not infringe on the rights of any third party; and (d) he/she has read the Privacy Policy and agrees to its terms and conditions in their entirety.
PROMOTION CONTEST RELEASE:
Excluding residents of the State of Tennessee and where otherwise prohibited by law, by submitting an entry, submitting a photograph(s) and participating in the Contest, entrant, for him/herself, irrevocably transfers, grants and assigns to Company, its affiliates and its respective successors, assigns, and licensees, the right worldwide and in perpetuity, to use the name, likeness, image and photographs, including any reproductions of same, in any and all media including, without limitation, use on the Contest Website in connection with the Contest or other promotions and for any advertising or promotional purposes, without additional compensation, and releases Company and any entity acting on behalf of Company from any liability with respect thereto.
RELEASE OF LIABILITY:
To the maximum extent permitted by applicable law, entrant, for him/herself, and on behalf of the Child agrees that Digital Media Management, its affiliates and its employees, members, officers, directors, shareholders, agents, representatives, its respective successors, assigns, agencies and licensees shall not be liable for any personal injury, death, loss or damage of any kind or any other causes of action or claims related to entrant’s participation in this Contest or acceptance or use of the prizes awarded including, without limitation, any claims based on publicity rights, defamation or invasion of privacy. If, for any reason, the Contest or any portion thereof is not capable of running as planned by reason of infection by virus, bugs, worms, tampering, unauthorized intervention, fraud, technical failures, or any other causes which, in the sole opinion of Company, may corrupt or affect the administration, security, fairness, integrity or proper conduct of the Contest, Company reserves the right, in its sole discretion, to cancel, terminate, modify or suspend any monthly Contest or any part of any monthly Contest, and select the winner for the Contest from the entries received prior to the action taken or in other such manner as deemed fair and appropriate by Company.
GENERAL CONDITIONS:
Company, its affiliates and its employees, members, officers, directors, shareholders, agents, representatives, its respective successors, assigns, agencies and licensees are not responsible for lost, late, illegible, stolen, incomplete, invalid, unintelligible or misdirected entries, which will be disqualified, or for other problems of any kind, whether mechanical, human or electronic, whatever the cause. Only fully completed entry forms actually received by Company are eligible for Contest entry. Proof of submission will not be deemed to be proof of receipt by Company. Company’s sole responsibility for any irregular entry is replacement with another entry in the Contest. If a potential winning entry is made by Internet, that potential winner may be required to provide Digital Media Management with proof that the potential winner is the authorized account holder of the registration information associated with the potential winning entry.
GOVERNING LAW:
To the maximum extent permitted by applicable law, these Official Rules shall be interpreted and enforced in accordance with the laws of the State of New York, without regard to conflicts of law principles. To the maximum extent permitted by applicable law, should a dispute arise concerning the Contest and/or terms and conditions of these Official Rules, or the breach of same by any party hereto, the parties agree to submit their dispute for resolution by arbitration before the American Arbitration Association in New York, New York, in accordance with the then current Commercial Arbitration rules of the American Arbitration Association. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. Nothing herein shall be construed to preclude any party from seeking injunctive relief in order to protect its rights pending an outcome in arbitration. To the extent permitted by law, you agree that you will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that you may have against Company, as well as its legal representatives, affiliates, subsidiaries, parents, agencies and their respective members, officers, directors, employees and agents with respect to the Contest. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit. You agree to pay the attorney’s fees and court costs that Company incurs in seeking such relief. This provision preventing you from bringing, joining or participating in class action lawsuits: (a) does not constitute a waiver of any of your rights and remedies to pursue a claim individually and not as a class action in binding arbitration as provided above; and (b) is an independent agreement. Should any part of these Official Rules be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect.
DISQUALIFICATION:
Company, its legal representatives, affiliates, subsidiaries, parents, agencies and its members, officers, directors, employees and agents, are not responsible for lost, interrupted or unavailable network server or other connections, miscommunications, failed telephone or computer transmissions or technical failure, lost online entries, jumbled, scrambled or misdirected transmissions, or other error of any kind, whether human, mechanical or electronic. Persons found tampering with or abusing any aspect of the Contest, as solely determined by Company, will be disqualified. If disqualified for any of the above reasons, Company reserves the right to terminate entrant’s eligibility to participate in the Contest.
INDEMNIFICATION:
You agree to release, indemnify and hold Company, its parents, subsidiaries and affiliates, and each of their respective members, officers, directors, employees, agents, shareholders, licensors, suppliers, co-branders, attorneys and/or other partners, harmless from and against any and all claims, expenses (including reasonable attorneys’ fees, costs and settlement costs), damages, suits, costs, demands and/or judgments whatsoever, made by any third party due to or arising out of: (a) your use of the Contest and/or the Contest Website; (b) your breach of these Official Rules; and/or (c) your violation of any rights of another individual and/or entity. The provisions of this paragraph are for the benefit of Company, its parent, subsidiaries and/or affiliates, and each of their respective members, officers, directors, employees, agents, shareholders, licensors, suppliers, co-branders, attorneys and/or other partners. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
LEGAL WARNING:
Any attempt by any individual, whether or not an entrant, to damage, destroy, tamper with or vandalize the Contest or Contest Website, or otherwise interfere with the operation of the Contest, is a violation of criminal and civil law and Company will diligently pursue any and all remedies in this regard against any offending individual or entity to the fullest extent permissible by law and in equity.
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