CONTEST RULES
SCHEDULE TO BRICKFISH MASTER CAMPAIGN RULES
CONTEST RULES
NAME OF CONTEST: IN BRIEF: WHAT IF U’R UNDIES HAD THE LAST WORD…
SPONSOR: This Contest is sponsored Internet Sexuality Information Services,
Inc. (dba as ISIS) located at 436 14th street, Suite 1511 Oakland, CA.
94612
SUBMISSION PERIOD: The Contest begins on or about 12:00 AM Pacific Time
("PT") on April 3, 2008 and ends 11:30 PM PT on May 15, 2008
HOW TO ENTER: Go to Brickfish.com and register or log in or register
or log into Brickfish.com from the iFrame on Sponsor's website at www.stdtest.org.
Follow instructions to upload an entry to the In Brief: What if U’r
Undies had the Last Word… campaign. Entry must include artwork
and a slogan aimed at educating the public about sexually transmitted
diseases. Entries should be both educational and engaging, as well as
original and never before offered on any other public site
Sponsor and affiliated entities intend to use submissions to educate
the public about preventing sexually transmitted diseases (“STDs”).
By entering participant acknowledges and consents to the Sponsor’s
use of their submission without notice, permission or consideration.
See below for additional entry requirements.
You may enter as many unique entries as you wish but duplicates will
be removed.
AGE AND OTHER ELIGIBILITY: Contest is open to members of Brickfish.com who are legal residents of the fifty (50) United States or the District of Columbia, 14 years or older, at the time of entry.
Employees of Brickfish, ISIS, and immediate family members of such employees are not eligible to win. PRIZE(S): Grand Prize: One (1) winner selected by the ISIS panel will win a $1,000 scholarship
or cash and receive twelve (12) pairs of one of the following items: boxers,
women’s underwear or t-shirts with their design printed on them. Winner
will be notified and must execute final releases and information requests prior
to payment of the prizes.
Image Generating the most
Buzz: One (1) entry, selected by the ISIS panel from
the top 100 entries that get the most buzz across the Internet, will win a
$250 scholarship or cash. Learn more about Most Buzzworthy.
CONTENT GUIDELINES/ISSUES:All
entries must be original artwork of the participant in digital format.
You can either create original digital artwork, scan "print or paper" artwork
to create digital files. Any entry that violates copyright protections
or the Brickfish Terms of Use will be disqualified and removed.
You are free to use any reasonable genre or form of two-dimensional content,
including but not limited to photography, paintings, drawings, collage,
or work created using the provided drawing tool.
Your artwork and slogan must focus on an STD/HIV prevention theme.
Any medical information presented must be scientifically accurate.
Your entry can advocate government action, such as increasing the amount
of funding for STD testing, but may not ask viewers to contact government
officials in support of specific or proposed legislation.
Entries that are lewd, obscene, pornographic, disparaging of Sponsor or affiliated
entities or otherwise contain objectionable material may be disqualified and
removed from the campaign.
JUDGING CRITERIA:Submissions will be
judged for Grand Prize and Image Generating the Most Buzz the ISIS panel of
judges who will evaluate each eligible Submission based on the following criteria:
50% on overall accuracy and effectiveness at conveying an important message
to the public about STDs in line with the provided theme(s); 50% on originality
and creativity of presentation.
Judging will be completed on or about 5/22/08. All Grand Prize and Image Generating
the Most Buzz Winners are subject to verification.
APPROXIMATE WINNER NOTIFICATION DATE: Winners
will be notified on or about June 15, 2008
OTHER DETAILS: This Contest is governed by the Brickfish Master Campaign
Rules which are attached and incorporated herein by this reference.
For more information, please contact info@isis-inc.org or
call 877-665-2250.
Please read carefully. To enter a campaign you must agree to these rules
which create a contract between you, Sponsor and Brickfish.
BRICKFISH™ MASTER CAMPAIGN RULES
VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
WINNERS ARE RESPONSIBLE FOR TAXES ON PRIZES AND MAY BE REQUIRED TO SIGN
TAX-RELATED DOCUMENTS BEFORE RECEIVING A PRIZE.
PARTICIPANTS GRANT BRICKFISH AND SPONSOR A NON EXCLUSIVE LICENSE TO POST
AND USE ANY AND ALL CONTENT SUBMITTED TO THE CAMPAIGN.
DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION.
- OVERVIEW:
Highedge, Inc. d/b/a Brickfish (“Brickfish”) hosts campaigns
on its own behalf and for various sponsors at http://www.brickfish.com (“Contest
Website”). Members of Brickfish.com can submit content to campaigns
(“Submissions”) and share Submissions across the Internet.
Brickfish.com users may view, review and vote on Submissions. As part
of each campaign, Brickfish and/or sponsor may conduct one or more
contests or sweepstakes. Details for each contest are described in
a schedule to these Master Campaign Rules created for each contest.
These Master Campaign Rules and the attached schedule (“Schedule”)
with the contest rules constitute the official rules (“Official
Contest Rules”) for the contest (“Contest”) described
in the Schedule. All eligible Submissions to the campaign (“Campaign”)
are automatically entered in the Contest. To be eligible for the Contest,
Submissions must be received within the time period stated in the Schedule
(“Submission Period”). In the event of a conflict between
the Schedule and these Master Campaign Rules, the Schedule shall control.
Campaigns are produced and administrated by Brickfish and sponsored
by the sponsor (“Sponsor”) indentified in the Schedule.
Winners of the Contest (“Winner(s)”) will win the prizes
identified in the Schedule (“Prizes”).
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WHO MAY ENTER:
Unless stated otherwise in the Schedule, Campaigns open to individuals
who are registered members of Brickfish.com, at least 13 years old
at the time of entry, have access to the Internet, are physically located
in and residents of the fifty (50) United States, the District of Columbia
or Canada, excluding the Province of Quebec, and meet all of the eligibility
requirements listed in the Schedule. Participants may only enter contests
as individuals and not as part of a group.
Employees, officers and directors of Brickfish and Sponsor (including
individuals who have previously been employed by Brickfish or Sponsor
within the past 12 months and immediate family members and/or those
living in the same household of each), their agents; affiliates; parents,
subsidiaries; advertising and promotion agencies; and those involved
in the production, development, implementation or handling of the Campaign
or Contest, are ineligible to enter the Contest or win a Prize.
By participating in the Campaign, each participant represents and warrants
that he or she meets the eligibility requirements and acknowledges
that failure to meet all eligibility requirements will disqualify participant
from the Contest.
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HOW TO ENTER:
THERE IS NO PURCHASE NECESSARY TO ENTER OR WIN AND A PURCHASE WILL
NOT INCREASE YOUR ODDS OF WINNING. EXCESSIVE SPENDING BY ENTRANTS IN
CONNECTION WITH SUBMISSIONS IS DISCOURAGED.
To participate in a Brickfish campaign you must go to Brickfish.com
and register as a member. Registration is free and there is never a
charge to register or participate. To enter a Brickfish campaign, navigate
to the chosen campaign page on Brickfish.com. Click on the “Submit
entry” tab and complete the information on the entry submission
page. Upload an original photo, video, blog or other content as directed
on the Campaign Details page and in the Schedule and click “submit”.
ONCE TRANSMITTED ALL SUBMISSIONS BECOME PART OF THE CAMPAIGN AND MAY
NOT BE REMOVED BY THE ENTRANT, EVEN IF ENTRANT CEASES MEMBERSHIP OR
WITHDRAWS FROM CONTEST CONSIDERATION. All eligible Submissions to the
Campaign will be an entry in the Contest (“Entry”). Unless
otherwise stated in the Schedule, you may enter as many unique Entries
as you wish but duplicate Entries will be disqualified and removed.
Campaign Submissions that are not eligible for the Contest may remain
part of the Campaign on Brickfish.com or may be removed at Brickfish
and/or Sponsor’s sole discretion. All Entries must be received
within the Submission Period stated in the Schedule and the Brickfish
computer is the official time-keeping device for the Contest. All participants
must affirm their agreement to the Official Contest Rules and the Brickfish
Terms of Use prior to entering.
Brickfish and Sponsor may run multiple campaigns, contests or sweepstakes
simultaneously. Unless stated in the Schedule, entry into one campaign,
contest or sweepstakes does not constitute entry into any other.
All Entries that are in excess of the stated limits, late, illegible,
incomplete, damaged, destroyed, forged or otherwise not in compliance
with the Official Contest Rules will be disqualified from the Contest.
Brickfish and Sponsor reserve the right to void all Entries made through
any robotic, automatic, mechanically programmed or similar entry duplication
method and to disqualify any individual using such a method. Brickfish,
Sponsor and affiliated entities are not responsible for lost, misdirected,
misplaced, stolen, tampered with, deleted, or invalid Entries. All
Submissions become the physical property of Brickfish and Sponsor and
will not be returned.
- CONTENT GUIDELINES
Submissions that do not meet the following “Content Guidelines” are
subject to disqualification and/or removal, at Brickfish and Sponsor’s
discretion:
Submissions must comply with the Brickfish
Terms of Use and the Official Contest Rules.
Submissions must meet specifications or requirements called for in
the Schedule, the Master Contest Rules and Campaign Details on the
Contest Website. Irrelevant Entries, as deemed irrelevant at the sole
discretion of Brickfish and Sponsor, may be removed and/or disqualified
from the Contest.
Except for any Sponsor Content (defined below), Submissions must include
only materials created by the participant and must not infringe on
the intellectual property rights of any other person or entity. Sponsor
and Brickfish do not permit the infringement of others’ rights
and any use of materials not original to the participant is grounds
for disqualification from the Contest. Do not copy your favorite movie,
book or photo or include materials, images, graphics, music or trademarks
belonging to any third parties or incorporate the names, voices, likeness
or personas of any party other than yourself in your Entry. Except
as stated in the Schedule, Entries may not contain brand names, trademarks
or company logos.
Submissions must not include material that (a) is sexually explicit,
indecent, obscene, unnecessarily violent, hateful, tortuous, defamatory,
slanderous or libelous, (b) is derogatory, designed to harass or promotes
bigotry, racism, hatred or harm against any group or individual or
promotes discrimination based on race, sex, religion, nationality,
disability, sexual orientation or age, (c) invades the privacy or publicity
rights of any person, living or deceased, (d) is unlawful and/or (e)
is disparaging to Brickfish and/or Sponsor or is inconsistent with
the positive images and/or goodwill Brickfish and Sponsor have worked
hard to create and wish to associate with their companies (at Brickfish
and Sponsor’s sole and absolute discretion).
By making a Submission each entrant warrants and represents that they
have all rights to the Submission, and any persons appearing in the
Submission consents to the use of the Submission in the Campaign. Parent’s
permission is required to post pictures of children on the Internet.
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USE OF SUBMISSIONS:
UPON TRANSMISSION TO BRICKFISH.COM SUBMISSIONS BECOME PART OF THE
CAMPAIGN AND MAY NOT BE REMOVED BY PARTICIPANT, EVEN IF SUBMISSION
OR PARTICIPANT ARE INELIGIBLE TO WIN. All Submissions are posted on
Brickfish.com and/or Sponsor’s website and are available to be
viewed by anyone with access to the Internet. Brickfish and Sponsor
have no liability for the use or misuse of your submissions by others.
All Submissions remain on Brickfish.com in perpetuity or for as long
as Brickfish deems appropriate to archive.
Upon submission, Sponsor
and Brickfish will have the right to use all Submissions in merchandising,
advertising, marketing or promotion or for any other commercial or
non-commercial purpose in connection with the Campaign, Sponsor or
Brickfish without additional compensation to the participant. Participants
hereby irrevocably grant to Sponsor and Brickfish a perpetual, non-exclusive,
sub-licensable, royalty-free, fully-paid license and right to use,
distribute, make derivative works from and otherwise exploit the Submission,
in any manner and in any medium now known or hereafter devised, throughout
the universe in perpetuity. Participants hereby forever waive and relinquish
all so-called “moral
rights (droit moral)” now or hereafter recognized. Participants
agree that Brickfish and Sponsor shall have sole discretion in determining
the extent and manner of use of Submissions and are not obligated to
use any Submission.
- USE OF SPONSOR CONTENT:
If the Schedule provides permission to use Sponsor content (“Sponsor Content”),
participants are granted a non-exclusive, revocable, limited license to use the
Sponsor Content, only in Submissions to the Campaign. Any other use of Sponsor
Content is prohibited and may be grounds for disqualification.
- YOUR USE OF YOUR SUBMISSIONS:
Participants may post and distribute Submissions as they choose (e.g., on your
websites and profile pages); provided, however, that if Submission includes
Sponsor Content, any required copyright notices must be included and the license
to use the Sponsor Content is subject to your strict compliance with the Official
Contest Rules.
- SELECTION OF WINNER:
Within approximately one month from the expiration of the Submission
Period (subject to extension by Sponsor), a team of judges (as indicated
in the Schedule) (“Judges”) assembled by Brickfish and/or
Sponsor, will review and judge all eligible Entries based on overall
artistic merit of the work, using either the following ranking criteria:
50% creativity; 50% originality or other criteria as set forth in the
Schedule. The participants selected by the Judges, at their sole discretion,
will be Winner(s), subject to confirmation of eligibility and compliance
with the Official Contest Rules. In the event of a tie that the Judges
cannot resolve, the Sponsor will apply the same judging criteria to
determine the Winner(s).
Winners may also be determined by voting on Brickfish.com. Brickfish.com
users can view, vote or review all Campaign Submissions. Unless otherwise
stated in the Schedule only one (1) vote per person, per day, per Submission,
is allowed and entrants may only vote for their own Submission once
during the duration of the Campaign. Voting, viewing and reviewing
activity is weighted and calculated by Brickfish’s proprietary
automated scoring system and each Submission is given a resulting score.
In accordance with the Schedule, the Entry with the highest score may
be declared the Winner or the Winner may be selected by Judges (based
on the ranking criteria above or other criteria as set forth in the
Schedule) from among the highest scoring Entries.
Winners may also be selected based on viral activity on the Internet.
The “Most Viral Winner” is the participant who submits
the Entry that gets the most attention across the Internet on sites
other than Brickfish.com. In order to be eligible for Most Viral, entrants
must use the “Post to Websites” or “Embed” tools
on Brickfish.com to spread their Entries across the Internet to other
sites, including, but not limited to, Facebook, MySpace, myYearbook,
Friendster, LiveJournal, Tagged, AIM, Hi5, Yahoo 360 and Xanga (subject
to change at Brickfish’s sole discretion). Viral activity related
to the Entry is tracked by Brickfish’s proprietary automated
viral ranking system. Several factors are considered in the Most Viral
ranking including the number of sites an entry is posted to, the number
of unique viewers of the entry, and the number of people who have shared
the entry. Inappropriate sharing activity including spamming or posting
content to irrelevant or inappropriate sites may be grounds for disqualification.
In accordance with the Schedule, the Most Viral Entry may be declared
the Winner, or the Winner may be selected by Judges (based on the ranking
criteria above or other criteria as set forth in the Schedule) from
among the top Most Viral Entries. The top Most Viral Entries may also
be featured in the Campaign Statistics area on the Campaign Entries
page.
The Schedule will indicate which of the selection methods will
be used to select the Winner.
Sponsor and Brickfish have complete discretion
over interpretation of the Official Contest Rules, administration of
the Contest, and selection of the Winners. Decisions of the Sponsor
and Brickfish as to the administration of the Contest, interpretation
of the Official Contest Rules and the selection of the Winner(s) will
be final.
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PRIZES:
The Prize(s) to be awarded in this Contest are described in the Schedule.
To claim a prize, you must provide your correct name, mailing address,
telephone number, social security number, and email address. Neither
Brickfish nor Sponsor will replace any lost or stolen Prizes. Prizes
are non-transferable, with no cash redemptions, equivalents or substitutions
except at Sponsor’s sole and absolute discretion. In the event
that Sponsor is unable to provide the Winner with the Prize, the Sponsor
may elect, at the Sponsor’s sole and absolute discretion, to
provide Winner(s) with the approximate value of such item in cash or
award an alternate prize of comparable or greater value. All Prizes
are awarded "AS IS" and without warranty of any kind, express
or implied, (including without limitation, any implied warranty of
merchantability or fitness for a particular purpose). Prizing may be
fulfilled by a third party; please allow 5-7 weeks for Prize delivery.
Prizes will only be shipped to the 50 United States, the District of
Columbia or Canada (excluding the Province of Quebec).
Participants acknowledge that some winning Submissions will be publicly
displayed, performed, broadcast, duplicated, manufactured, provided
for sale, etc., and participants agree that no additional agreement
or consent of the participant will be necessary. The sole compensation
to the Winner will be the Prize and no additional compensation will
be due or paid as a result of the Entry being used as stated in the
Schedule.
Winners will be solely responsible for all federal, state and/or local
taxes, and for any other fees or costs associated with the Prize(s)
they receive may be required to sign tax documents, file a Form 1099
with the IRS and pay taxes on the value of the Prize.
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TRAVEL PRIZES:
Unless otherwise stated in the Schedule, all Travel Prize Winners must
be 18 years or older at the time of entry. All travel and accommodations
are subject to availability. Sponsor may, at its election, assist Winners
in arranging related transportation and/or accommodations and if so,
has the right to use any cash portion of the Prize to cover such expenses.
If in the judgment of Sponsor air travel is not required due to Winner’s
proximity to prize location, ground transportation will be substituted
for roundtrip air travel at Sponsors’ sole discretion. Travel
is subject to the terms and conditions set forth in the Schedule and
to the following: only from and to major airports served by the carrier
providing the ticket(s); subject to all carrier restrictions, requirements,
rules, regulations, policies, service charges, taxes, black out dates,
advance ticketing requirements; and not transferable or redeemable
for cash, credit or substitute. All costs and expenses not specified
herein, including meals, gratuities, ground transportation, taxes,
personal incidentals and all other expenses are the sole responsibility
of Winner. If a Travel Prize is for a specified time period or event
and the Winner is unable to travel on dates specified by Sponsor, their
Prize may (in Sponsor’s sole discretion) be forfeited and an
alternate Winner may be selected by Sponsor. If an alternate Winner
cannot be verified in time to meet advance booking requirements or
other restrictions, the travel portion of the Prize may remain unawarded
and no substitute Prize awarded. Sponsor is not responsible if specified
Prize event is delayed, postponed or cancelled for any reason, in which
event that portion of the Prize is forfeited in its entirety and no
substitution will be provided, except as in Sponsors’ sole discretion.
No refund or compensation will be made in the event of the cancellation
or delay of any event or flight, or failure of Winner to complete travel.
Sponsors will not replace any lost, mutilated, or stolen tickets, travel
vouchers or certificates. Unless otherwise stated in the Schedule,
if Prize includes travel for companions, such companions must be eighteen
(18) years of age or older as of the date of departure (unless child
of Winner) and must travel on same itinerary and at the same time as
the Winner. Travel companion may be required to complete a liability
release prior to travel.
- WINNER NOTIFICATION, ELIGIBILITY AND PRIZE CLAIMING:
Each Winner will be notified within approximately one month of the
Contest judging. To the extent permitted under applicable law, Winners
may be required to sign and return, an Affidavit of Eligibility, a
Liability Release, a Publicity Release and other documentation that
Sponsor and/or its affiliated parties may require (“Prize Acceptance
Documents”). Parents or legal guardians of Winners under the
age of majority in their state of residence (18 in most states but
19 in Alabama and Nebraska and 21 in Mississippi) may be required to
also sign the Prize Acceptance Documents, in order for Winner to receive
the Prize.
When a Winner is contacted, he/she will have a stated period of time
within which to respond to the notification. If the participant fails
to return the notification within the stated time period he/she will
be disqualified, his/her prize will be forfeited, and an alternate
potential Winner may be selected. If a participant changes his/her
email address or other contact information after he/she registers,
it is his/her sole responsibility to update his/her registration information
by logging in and making changes in his/her Brickfish.com account.
Failure to update such registration information may affect a potential
Winner’s ability to receive a Prize. If a potential Winner cannot
be reached after a reasonable effort has been exerted, he/she is found
to be ineligible, he/she cannot or does not comply with these Official
Contest Rules, or if a Prize or Prize notification is returned as undeliverable,
such potential Winner will be disqualified, and an alternate potential
Winner may be selected at Sponsor’s sole discretion using the
same criteria used to select the original Winner. Neither Brickfish
nor Sponsor will have liability for any Winner notification that is
lost, damaged, intercepted or not timely received or returned by the
potential Winner for any reason.
Winners may be required to submit to
a background check in order to accept Prizes. Brickfish and/or Sponsor
reserve the right to disqualify any individual whose background check
reveals information that is inconsistent with the positive images and/or
goodwill to which Brickfish and/or Sponsor wish to associate (which
may be determined by Brickfish and/or Sponsor, at their sole and absolute
discretion).
- PUBLICITY RELEASE:
Subject to applicable law, Winners irrevocably grant Sponsor and Brickfish
the right to use their name, voice, likeness and/or biographical
material for advertising, promotional and/or publicity purposes in
connection with Brickfish, Campaign and/or Contest, in all forms
of media (now and hereafter known), worldwide in perpetuity, without
any obligation or consideration except for the awarding of the Prize
to the Winner. Participants agree not to issue any publicity concerning
Brickfish or Sponsor.
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REPRESENTATIONS AND WARRANTIES:
Each participant represents and warrants that he or she has read, understands
and will adhere to these Official Contest Rules. Participants further represent
and warrant that Submissions and all elements therein (except Sponsor Content):
(1) are wholly original work of the participant; and (2) will not infringe or
violate any personal rights (e.g., defamation, privacy, false light, etc.) or
any property rights (e.g., copyright, trademark, right to ideas, etc.) of any
person or entity. Each participant represents and warrants that he or she is
a legal resident of the fifty (50) United States, the District of Columbia or
Canada, excluding the Province of Quebec, and is at the time of entry, of the
age specified in the Schedule. Each participant further represents and warrants
that he or she has the right to agree to and fully perform consistent with these
Official Contest Rules and no consent of any third parties is required to grant
the rights hereunder. By making a Submission each entrant warrants and represents
that they have all rights to the Submission, and any persons appearing in the
Submission consents to the use of the Submission in the Campaign. Participants
agree to defend, indemnify and hold Brickfish and Sponsor, their parents and
each of their respective successors, assigns and licensees, harmless from and
against any third party claim relating to any breach of any representation, warranty
or covenant made by such participant in connection with his or her participation
in Campaign activities.
- TAMPERING WITH CONTEST:
Brickfish and Sponsor are not responsible for the actions of participants in
connection with the Contest, including participants’ attempts to circumvent
the Official Contest Rules or otherwise interfere with the administration,
security, fairness, integrity or proper conduct of the Contest. Persons found
tampering with or abusing any aspect of this Contest, or whom Brickfish or
Sponsor believes to be causing malfunction, error, disruption or damage will
be disqualified. Additionally, any attempt to cheat the Contest, as determined
at the sole discretion of Brickfish and Sponsor, may result in immediate disqualification
of the entrant, as well as other possible consequences, including disqualification
from any and all existing and future contests. Any attempt to cheat by creating
fake profiles will be looked upon very seriously, and can result in immediate
and permanent ban, and possible further action. ANY ATTEMPT BY A PERSON TO
DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS
CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT
BE MADE, BRICKFISH AND SPONSOR RESERVES THE RIGHT TO SEEK ALL LEGAL AND EQUITABLE
REMEDIES FROM AND AGAINST ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY
LAW. Brickfish and Sponsor reserve the right, at their sole and absolute discretion,
to disqualify any individual who is found to be, or suspected of, acting in
violation of these Official Contest Rules, or to be acting in an un-sportsmanlike,
obscene, immoral or disruptive manner, or with the intent to annoy, abuse,
threaten or harass any other person.
- RELEASES, WAIVERS AND DISCLAIMERS:
By entering the into the Campaign, participants agree to release, discharge
and hold harmless Brickfish, Sponsor and each of their parents, subsidiaries,
affiliates, agents representatives, retailers, and advertising and
promotion agencies, and each of their respective directors, officers,
employees, agents, successors and assigns (collectively, the “Released
Parties”), from any and all liability, claims, losses, injuries,
demands, damages, actions, and/or causes of actions whether direct
or indirect, which may be due to or arise out of participation in
the Campaign or any portion thereof, or the acceptance, use/misuse
or possession of Prizes (including, without limitation, liability
for any property loss, damage, personal injury or death, violation
of rights of publicity or privacy, or claims of defamation or portrayal
in a false light; or based on any claim of infringement of intellectual
property). Participants agree and that the Released Parties shall
have no responsibility or liability for discontinued Prizes; human
error; incorrect or inaccurate transcription of registration and/or
account information; any technical malfunctions of the telephone
network, computer online system, computer dating mechanism, computer
equipment, software, or Internet service provider utilized by Brickfish
or Sponsor; interruption or inability to access Contest Website or
Sponsor or affiliated entities’ respective websites, or any
online service via the Internet due to hardware or software compatibility
problems; any damage to participant’s (or any third person’s)
computer and/or its contents related to or resulting from any part
of the Campaign; any lost/delayed data transmissions, omissions,
interruptions, defects; and/or any other errors or malfunctions,
even if caused by the negligence of the Released Parties. Each participant
further agrees to indemnify and hold harmless Released Parties from
and against any and all liability resulting or arising from the Campaign
and to release all rights to bring any claim, action or proceeding
against Released Parties and hereby acknowledge that Released Parties
have neither made nor are in any manner responsible or liable for
any warranty, representation or guarantee, express or implied, in
fact or in law, relative to a Prize, including express warranties
provided exclusively by a Prize supplier that may be sent along with
a Prize. Participants understand and agree that the Released Parties
maintain no control over the personnel, equipment or operation of
any air, water or surface carrier, ship line, bus or limousine company,
transportation company, hotel, restaurant, Prize supplier or other
person or entity furnishing services, products or accommodations
(“Vendors”) as a part of the Prize, and will not be responsible
or liable for any injury, damage, loss, expense, accident, delay,
inconvenience or other irregularity that may be caused or contributed
to: (1) by the wrongful, negligent or unauthorized act or omission
on the part of the Vendors or any of their agents, servants, employees
or independent contractors, (2) by any defect in or failure of any
vehicle, equipment, instrumentality, service, product or accommodation
that is owned, operated, furnished or otherwise used by any of those
Vendors, (3) by the wrongful, negligent or unauthorized act or omission
on the part of any other person or entity not an employee of the
Released Parties, and (4) by any cause, condition or event whatsoever
beyond the control of the Released Parties. The releases hereunder
are intended to apply to all claims not known or suspected to exist
with the intent of waiving the effect of laws requiring the intent
to release future unknown claims.
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SUSPENSION / MODIFICATION / TERMINATION:
In the event Brickfish or Sponsor is prevented from continuing with
the Contest by any event beyond their control, including, but not limited
to, fire, flood, epidemic, earthquake, explosion, labor dispute or
strike, act of God or public enemy, communications or equipment failure,
utility or service interruptions, riot or civil disturbance, terrorist
threat or activity, war (declared or undeclared) or any federal state
or local government law, order, or regulation, order of any court or
jurisdiction, or other cause not reasonably within their control (each
a “Force Majeure” event or occurrence), Brickfish and Sponsor
shall have the right to modify, suspend or terminate the Contest. Brickfish
and Sponsor reserve the right to modify, suspend or terminate the Contest
(including, without limitation, make changes to these Contest Rules)
without notice or by posting a notice on http://www.brickfish.com,
in their sole and absolute discretion, including, but not limited to,
if in their sole and absolute discretion, it is determined that the
Contest is technically impaired or corrupted or that fraud or technical
problems, failures or malfunctions or any Force Majeure event(s) has
destroyed or severely undermined or impaired the integrity and/or feasibility
of the Contest. Brickfish and Sponsor and Producer will have the authority
to extend the Submission Period by posting notice thereof on the Contest
Website. All Participants must check the Contest Websites regularly
to determine if there have been any changes made to the Official Contest
Rules, the Contest or the Prize(s).
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GOVERNING LAW / LIMITATION OF LIABILITY:
VOID WHERE PROHIBITED OR RESTRICTED BY LAW. All federal, state and
local laws and regulations apply. By participating, participants agree
to be bound by the Official Contest Rules, the Brickfish Terms of Use,
and the decisions of the Brickfish, Sponsor and Judges which are final
and binding in all respects. The Contest will be construed and evaluated
only according to United States law. All issues and questions concerning
the construction, validity, interpretation and enforceability of these
Official Contest Rules or the rights and obligations of Participants,
Brickfish, Sponsor or the Released Parties in connection with the Contest
will be governed by and construed in accordance with the internal laws
of the State of California, without giving effect to any choice of
law or conflict of law rules or provisions that would cause the application
of any other state’s laws.
BY ENTERING THE CAMPAIGN, PARTICIPANT AGREES THAT: (1) ANY AND ALL
DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH
THE CAMPAIGN OR CONTEST, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY,
WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS,
JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET
COSTS INCURRED, (IF ANY), NOT TO EXCEED TWO HUNDRED FIFTY DOLLARS ($250.00),
BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE;
(3) UNDER NO CIRCUMSTANCES WILL ANY PARTICIPANT BE PERMITTED TO OBTAIN
ANY AWARD FOR, AND PARTICIPANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES
ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL
DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT-OF-POCKET
EXPENSES NOT TO EXCEED TWO HUNDRED FIFTY DOLLARS ($250.00), AND/OR
ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4)
PARTICIPANT’S REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES
(IF ANY) AND PARTICIPANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE
OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS
OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES,
SO THE ABOVE MAY NOT APPLY TO YOU.
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DISPUTES / ARBITRATION:
In the event of a dispute, Entries made by Internet will be declared
made by the authorized account holder of the username submitted at
time of entry. "Authorized account holder" is defined as
the natural person who is assigned to a username in the Brickfish.com
system.
EACH PERSON WHO PARTICIPATES IN THE CAMPAIGN IRREVOCABLY AGREES THAT
ANY DISPUTE(S) WILL BE RESOLVED SOLELY BY BINDING ARBITRATION BEFORE
A SOLE ARBITRATOR, WITH EXPERIENCE IN ADVERTISING OR PROMOTION AND
ENTERTAINMENT LAW, UNDER THE RULES AND REGULATIONS OF THE AMERICAN
ARBITRATION ASSOCIATION (“AAA”); PROVIDED, HOWEVER, THAT
NOTWITHSTANDING THE PARTIES’ DECISION TO RESOLVE ANY AND ALL
DISPUTES ARISING UNDER THIS CAMPAIGN THROUGH ARBITRATION, BRICKFISH
AND SPONSOR MAY (1) SEEK TO OBTAIN INJUNCTIVE RELIEF OR OTHER EQUITABLE
RELIEF FROM A COURT TO ENFORCE THE PROVISIONS OF THESE OFFICIAL RULES;
(2) BRING AN ACTION IN COURT TO PROTECT AND INTERPRET SPONSOR’S
INTELLECTUAL PROPERTY RIGHTS; AND/OR (3) BRING AN ACTION TO ENFORCE
THE DECISION OF THE ARBITRATOR BEFORE ANY COURT WITH APPLICABLE JURISDICTION.
The arbitration will be held in San Diego, California. The arbitrator
will apply the substantive laws of the state of California, will issue
a written decision and will have the power to award any legal remedies
except as limited by these Official Contest Rules. The parties will
split the arbitrator’s fee; provided, however, if applicable
law requires Brickfish or Sponsor to pay the arbitrator’s fee
in order for the arbitration provision to be enforceable, Brickfish
and Sponsor shall have the discretion to elect to pay such fees and
proceed to arbitration. Judgment upon the arbitration award may be
entered in any court having jurisdiction thereof. This arbitration
provision shall be deemed to be self-executing, and in the event that
any party fails to appear to any properly noticed arbitration proceeding,
an award may be entered against such party notwithstanding said failure
to appear. In no event shall any participant seek or be entitled to
rescission, injunctive or other equitable relief or to enjoin or restrain
the operation of this Contest or Campaign (or any website connected
therewith) or exploitation of any Submission.
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MISCELLANEOUS:
The invalidity or unenforceability of any provision of these Official
Contest Rules or the Prize Acceptance Documents will not affect the
validity or enforceability of any other provision. In the event that
any provision of the Official Contest Rules or the Prize Acceptance
Documents is determined to be invalid or otherwise unenforceable or
illegal, the other provisions will remain in effect and will be construed
in accordance with their terms as if the invalid or illegal provision
were not contained herein. Brickfish or Sponsor’s failure to
enforce any term of these Official Contest Rules will not constitute
a waiver of that provision. Participants agree to waive any rights
to claim ambiguity of these Official Contest Rules. Headings are solely
for convenience of reference and will not be deemed to affect in any
manner the meaning or intent of the documents or any provision hereof.
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LIST OF WINNERS:
A Winners’ list will also be posted on www.brickfish.com for
at least ninety (90) days after Winners are selected.
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IDENTIFICATION OF ADMINISTRATOR:
This Contest is produced by Brickfish, 6165 Greenwich Drive, Suite
320, San Diego, California 92122 and sponsored by the Sponsor set forth
in the Schedule.
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PRIVACY POLICY:
Information collected from entrant is subject to Brickfish.com’s
HYPERLINK "http://www.brickfish.com/Pages/Info/privacypolicy.aspx" Privacy
Policy. By entering the Campaign, you accept Brickfish’s Privacy
Policy as posted on Brickfish.com. Information provided in a Sponsor
opt-in will be provided to Sponsor and used in accordance with Sponsor’s
Privacy Policy, if applicable. Any requested opt-in consent is not
required and will not increase your chances of winning. In the event
of a conflict between the Official Contest Rules and Brickfish’s
Terms of Use and/or Privacy Policy, these Official Contest Rules will
govern.
Brickfish.com is
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