Official Rules for the “Leap onto the A-list” Contest
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW.
THIS PROMOTION IS INTENDED FOR PLAY IN THE UNITED STATES ONLY AND WILL BE GOVERNED BY U.S. LAW. DO NOT ENTER IF YOU ARE NOT ELIGIBLE AND LOCATED IN THE UNITED STATES AT THE TIME OF ENTRY. OPEN TO LEGAL RESIDENT OF 50 UNITED STATES AND D.C. 21 YEARS OF AGE OR OLDER AS OF APRIL 4, 2012 WHO ENTER FROM WITHIN THE 50 UNITED STATES OR THE DISTRICT OF COLUMBIA.
Sponsors: Us Weekly LLC (“Us Weekly”) and American Honda Motor Co., Inc. (“Honda”)
1. How to Enter:
b) No mechanically reproduced or computer generated entries permitted. Not responsible for lost, late or misdirected entries, or entries containing incorrect or incomplete information. Not responsible for any problems, human error or technical malfunctions of any telephone network or lines, computer, on-line, or Internet systems or services, servers, computer equipment, software, failure of any email or entry or confirmation or winners notice on account of technical problems or traffic congestion on the Internet, problems with Us Weekly website or any combination thereof, including any injury or damage to entrant’s or any other person’s computer resulting from downloading any materials in connection with the Contest. Entries become the property of Us Weekly and will not be acknowledged or returned. Sponsors are not responsible for any change of email address, mailing address and/or telephone number of entrants.
2. By entering this Contest, you agree to the following:
a) Submission Guidelines:
i. The Submission must be in English; and
ii. The Submission cannot have been submitted previously in a promotion of any kind or exhibited or displayed publicly through any means.
b) Submission Restrictions:
i. Submission, as determined by Sponsors in their sole discretion, cannot be sexually explicit or suggestive, violent, or derogatory of any ethnic, racial, gender, religious, professional or age group, profane or pornographic, contain nudity, or any materially dangerous activity;
ii. Submission, as determined by Sponsors in their sole discretion, cannot promote alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing), any activities that may appear unsafe or dangerous, or any particular political agenda or message;
iii. Submission, as determined by Sponsors in their sole discretion, cannot be obscene or offensive, endorse any form of hate or hate group;
iv. Submission, as determined by Sponsors in their sole discretion, cannot defame, misrepresent or contain disparaging remarks about Sponsors or its or their products, or other people, products or companies;
v. Unless otherwise permitted herein, Submission cannot, as determined by Sponsors in its sole discretion, contain content that infringes on any trademarks, logos or trade dress owned by others, or, as determined by Sponsors in their sole discretion, advertise or promote any brand or product of any kind other than Honda, without permission, or contain any personal identification, such as license plate numbers, personal names, e-mail addresses or street addresses;
vi. Submission, as determined by Sponsors in their sole discretion, cannot contain materials that infringe the copyrights of others without permission;
vii. Submission, as determined by Sponsors in their sole discretion, cannot contain materials which violate the right of publicity of any other person (including materials embodying the names, likenesses, photographs, or other indicia identifying any person, living or dead) without permission;
viii. Submission, as determined by Sponsors in their sole discretion, cannot communicate messages or images inconsistent with the positive images and/or goodwill to which Sponsor wishes to associate; and
ix. Submission, as determined by Sponsors in their sole discretion, cannot depict, and cannot itself, be in violation of any law.
BY SUBMITTING A SUBMISSION, SUBMITTER ACKNOWLEDGES THAT HIS/HER SUBMISSION AND/OR CONTENT MAY BE POSTED ON SPONSORS’ WEBSITE(S), IN SPONSORS’ DISCRETION. Sponsors reserve the right to, and may or may not, monitor/screen Submissions prior to posting them to the Website(s). By submitting a Submission you acknowledge that Sponsors have no obligation to use or post any submission you submit.
By submitting a Submission you warrant and represent that it: (a) is your original work, (b) does not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity; (c) that you have obtain permission from any person who's name, or likeness is used in the Submission (if any) and (d) and that publication of the Submission via various media including Web posting, will not infringe on any third party rights. By submitting a Submission you hereby agree to indemnify and hold harmless Us Weekly LLC, American Honda Motor Co. Inc., Rubin Postaer and Associates, and Administrator from any claims to the contrary.
By submitting Submission you warrant and represent that the Submission accurately reflects your experience and/or any depiction is known to be true and is based on your use of the product or service mentioned.
SUBMISSIONS POSTED TO THE WEBSITE(S) WERE NOT EDITED BY SPONSORS AND ARE THE VIEWS/OPINIONS OF THE INDIVIDUAL SUBMITTER AND DO NOT REFLECT THE VIEWS OF SPONSORS IN ANY MANNER. Any waiver of any obligation hereunder by Sponsors does not constitute a general waiver of any obligation to submitter.
By submitting Submission, you agree that your Submission is gratuitous and made without restriction, and will not place Sponsors under any obligation, that Sponsors are free to disclose or otherwise disclose the ideas contained in the Submission on a non-confidential basis to anyone or otherwise use the ideas without any additional compensation to you. You acknowledge that, by acceptance of your Submission, Sponsors do not waive any rights to use similar or related ideas previously known to Sponsors, or developed by its or their employees, or obtained from sources other than you.
Sponsors reserve the right to waive the Contest entry requirements set forth herein in their reasonable discretion. Sponsors reserve the right, in their reasonable discretion, during or upon completion of the Contest period, to request that any entrant resubmit his or her Submission which fails to comply with the entry requirements prior to any judging or voting period.
a) Selection of Winner. At the close of the entry period, a panel of judges selected by Sponsors will choose one (1) winner (the “Winner”) based upon the following skill factors, together with the weight accorded to them: Leap List activity (40%) Creativity (35%), and Feasibility of Leap List activity within prizing parameters (25%). Winner will be notified by e-mail or telephone on or about 05/16/2012. In the event of a tie, tie breaker will be based upon the highest score in the first judging criteria, continuing thereafter to each judging criteria in order, as needed, to break the tie.
b) Decisions of Sponsors are final on all matters relating to the Contest. Entrants must comply with all terms and conditions of these Official Rules and winning is contingent upon fulfillment of all requirements and verification by Sponsors.
a. One (1) winner will receive the following prize (the “Prize”):
• Round-trip coach class air transportation for Winner and Guest from major U.S. gateway airport nearest Winner’s residence (as determined by Sponsors) to destination (within the continental U.S.) relevant to the Winner’s Leap List activity;
• Three (3) days and two (2) nights hotel accommodations (standard room, double occupancy to be booked and determined by Sponsors) in city (within the continental U.S.) relevant to the Winner’s Leap List activity; and
• Facilitation by Us Weekly of the Winner’s Leap List activity, specific details subject to availability and Sponsors’ sole discretion.
b. Approximate Retail Value (“ARV”) of Prize: Up to $4,000. Actual retail value of the Prize will be assessed when the Winner is selected. Actual retail value of the Prize may vary depending on air flight fluctuations, accommodations and distance between departure and destination. Winner will not receive difference from actual and approximate retail value. Dates of travel to be determined by Sponsor. If the Winner cannot travel on the dates required to accept the Prize, Winner will forfeit the Prize in its entirety and Sponsors may, at their option, either select another winner in his or her place or be relieved of liability for fulfillment of the Prize. Winner is responsible for any expenses not expressly included in the Prize description, such as additional ground transportation expenses, hotel stays, airfare, incidentals, meals, beverages, taxes and any other expenses. Winner and travel companion must travel on the same itinerary.
c. Certain restrictions and blackout dates may apply. Sponsor reserves the right to substitute a prize of equal or greater value. If winner is eligible, but a minor in his/her state of residence, the travel guest must be winner’s parent or legal guardian. If winner’s guest is a minor, he/she must be accompanied by parent or legal guardian who must sign and return all required documentation. Minors must be accompanied at all times during trip (including, but not limited to, in-flight, hotel stay and all prize-related events) by minor’s parent or legal guardian. Prize will be fulfilled before June 10, 2012.
5. Grant of Rights:
a) Use of Materials: By entering, you grant to Sponsors an exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right and license to exploit your Submission, in any media now or hereafter known, without any payment or other consideration of any kind, or permission or notification, to you or any third party. The foregoing grant includes, without limitation, the right to copy, reproduce, alter, display, distribute, amend, edit, publish, translate, use, merchandise, license, sublicense, and adapt the Submission in any and all media now or hereafter known, throughout the world, for any purpose, whether commercial in nature or otherwise, including in contexts and circumstances that result in your Submission being associated with a particular Sponsor or Sponsors and their goods and services. Accordingly, you hereby waive any objection to, such use, distribution, reproduction or display of your Submission, and any claim for compensation whatsoever in connection therewith. Such waiver shall include any claim for infringement of any so-called “moral right,” “droit moral” or similar right or interest.
b) Use of Entrant’s Name and Likeness. Participation in the Contest constitutes consent for Sponsors to use your name, image, likeness, photograph, biographical information and endorsement (“Entrant Indicia”) for editorial, advertising and publicity purposes, including coverage of the Prize fulfillment in an upcoming issue of Us Weekly, without compensation of any kind, except where prohibited by law. Without limiting the foregoing, participation in the Contest constitutes consent for Sponsors to use the Entrant’s Indicia, as well as the Submission, in promotion for the Contest and/or in advertising materials for Honda’s products, including in advertisements for Honda products in print and online, without any compensation whatsoever to you.
6. Affidavit of Eligibility and Release:
Potential winners must execute an Affidavit of Eligibility and a Release of Liability Form(s) within 5 days of notification. Noncompliance, or return of prize notification as undeliverable or inability to locate winner within 5 days after notification will result in disqualification and selection of an alternate winner. Potential winners must consent to a background check.
All travel companions must also execute a Release of Liability Form(s) prior to ticketing. All travel companions must be 21 or older as of April 4, 2012. Any potential travel companion that does not execute and return the Release of Liability Form(s) within the time period specified by Sponsors shall be ineligible to be the Winner’s travel companion for the Prize. Once travel guests are selected, they may not be substituted, except in Sponsor's sole and absolute discretion.
Winner and travel companion will be solely responsible for obtaining valid identification relating to acceptance and use of the travel prize. If in the judgment of Sponsors, air travel is not required due to prize Winner’s proximity to prize location, ground transportation will be substituted for roundtrip air travel at Sponsors’ sole discretion. Sponsors will not replace any lost, mutilated, or stolen tickets, travel vouchers or certificates.
Winner and/or Travel Companion may be required to participate in one (1) or more Promotional Events as reasonably requested and determined by Sponsors. For the purpose of these Official Rules, a “Promotional Event” is any event or activity sponsored by Sponsors, including but not limited to: Interviews, whether live, taped, print, broadcast, magazine/TV/radio events; satellite media tours, video news releases, audio news releases, TV shoots (including, but not limited to participation in a reality show), recording sessions, photo sessions; event appearances and other engagements.
By participating in the Contest and accepting any prize, you agree to release and hold harmless Sponsors, their respective parent companies, subsidiaries, affiliates and related companies, and their respective officers, directors, employees and agents (collectively, "Released Parties") from and against any and all liability whatsoever for any loss, harm, damage, injury, cause of action, claim, cost or expense (including without limitation any property damage, personal injury and/or death) arising out of or in connection with the Contest, including without limitation (i) participation in any Contest-related travel or other activity; (ii) possession, acceptance, use or misuse of any prize; (iii) any claims for defamation or violation of rights of publicity or privacy or any other liability based on use of the Entrant’s Indicia; and (iv) any claims for copyright infringement or other liability based on use of the Submission.
a. A participant may be disqualified and be ineligible to win the Contest, in Sponsors’ sole discretion, if the participant:
i. has been convicted of a felony or has felony charges pending against him or her;
ii. has been convicted of any crime (felony or misdemeanor) that, sponsor determines in its sole discretion, involves drugs or alcohol, domestic violence, or child endangerment or has charges of such crime pending against him or her;
iii. has an outstanding arrest warrant (felony or misdemeanor) against him or her;
iv. is subject to a restraining order; or
v. if the results of the background check and/or driving record check do not meet Sponsors standards, subject to Sponsors’ sole discretion.
b. Sponsors reserve the right to disqualify any person tampering with the entry process, the operation of usmagazine.com or who is otherwise in violation of the Official Rules. Participants may not register with multiple email addresses nor may entrants use any other device or artifice to register multiple times or as multiple registrants. Any Participant who attempts to enter with multiple email addresses under multiple identities or uses any device or artifice to register/play multiple times will be disqualified and forfeits any and all prizes won, in Sponsor's discretion. Sponsors further reserve the right to cancel, terminate or modify the Contest in the event the Contest is not capable of completion as planned, including infection by computer virus, bugs, tampering, or technical failures of any kind. In the event of a dispute as to entries submitted by multiple users having the same email account, the authorized subscriber of the email account used to enter the Contest at the actual time of entry will be deemed to be the entrant and must comply with these Official Rules. Authorized account subscriber is deemed to be the natural person who is assigned an email address by an Internet access provider, on-line service provider or other organization which is responsible for assigning email addresses or the domain associated with the submitted email address. CAUTION: ANY ATTEMPT BY ANY PARTICIPANT TO DELIBERATELY DAMAGE THE WEBSITE OR TAMPER WITH OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, SPONSORS RESERVE THE RIGHT TO SEEK REMEDIES AND DAMAGES FROM ANY SUCH ENTRANT(S) TO THE FULLEST EXTENT PERMITTED BY LAW INCLUDING CRIMINAL PROSECUTION.
a. Employees, directors and officers of Sponsors, their parent companies, affiliates, subsidiaries, advertising or promotional agencies, and their immediate family members and/or those living in same household are not eligible.
b. No substitution or transfer of prize permitted except as provided herein. Prizes are non-redeemable for cash.
c. All federal, state, and local taxes are the sole responsibility of the winner, who will receive an IRS Form 1099 reflecting the final actual value of any prize valued at $600 or more. Consult with your tax professional regarding potential tax implications.
d. Released Parties shall not be responsible for any cancellations, delays, diversions or substitutions or any act or omissions whatsoever by any performer(s)/event(s), air carrier(s), hotel(s), or other transportation companies or any other persons providing any of these services and accommodations to passengers including any results thereof such as changes in services or accommodations necessitated by same. The passenger contracts in use by the airlines or other transportation companies shall constitute the sole contracts with respect to the winner's and his/her travel companion’s transportation and such contracts shall be solely between the winner, his/her travel companion and such transportation companies. Released Parties shall not be parties to such contracts and shall assume no responsibility in this connection. Released Parties shall not be liable for any loss, theft or damage of cash, cameras, jewelry, securities, heirlooms, negotiable papers or other valuables.
Released Parties are not responsible if Contest cannot take place or if prize cannot be awarded due to travel cancellations, delays or interruptions due to acts of God, acts of war, natural disasters, weather or acts of terrorism.
Sponsors’ failure to enforce any term of these rules shall not constitute a waiver of that provision.
e. By participating, entrants agree to be bound by these Official Rules and the decisions of the judges, which shall be final and binding with regard to all matters relating to the Contest.
f. ARBITRATION and WAIVER OF CERTAIN DAMAGES: As a condition of participating in this Contest, entrants agree that (a) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, punitive, incidental, consequential or any other indirect damages, (b) all causes of action arising out of or connected with this Contest, or any prizes awarded, shall be resolved exclusively by arbitration under the rules of the American Arbitration Association before a single arbitrator located in New York County, New York; and (c) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred including costs associated with entering this promotion, but in no event shall any award include attorney’s fees. Disputes arising from this Contest will be determined according to the laws of the State of New York, without reference to its conflict of laws principles.
6. The Sponsors of the Contest are Us Weekly LLC, 1290 Avenue of the Americas, New York, NY 10104 and American Honda Motor Co., Inc., 1919 Torrance Blvd., Torrance, CA 90501.
7. Winner’s List:
For names of prize winners, after 5/18/12, send a separate, stamped, self-addressed, No.10 envelope to: “Leap onto the A-list”, Us Weekly, 1290 Avenue of the Americas, New York, NY 10104.