Rules
SIMILASAN CONTEST OFFICIAL RULES:
NO PURCHASE NECESSARY. PURCHASE DOES NOT IMPROVE CHANCE OF WINNING.
1. Eligibility: THE SIMILASAN CONTEST (THE "PROMOTION") IS OPEN ONLY TO LEGAL RESIDENTS OF THE 50 UNITED STATES AND THE DISTRICT OF COLUMBIA WHO ARE 18 YEARS OF AGE OR OLDER AND RESIDING IN THE UNITED STATES AT THE TIME OF ENTRY.
Void elsewhere and where prohibited by law.
Employees, contractors, directors and officers of Shutterfly, Inc. and Similasan Corporation (each a "Sponsor"), Betawave Corporation ("Judging Agency") and their respective parent, subsidiary and affiliated companies, distributors and licensees, and the advertising, fulfillment, judging and promotion agencies involved in the development and administration of the Promotion (collectively, "Promotion Parties"), and their immediate family members (parent, child, sibling and spouse of each) and those living in the same households of each are not eligible to enter or win.
2. Entry Period: The Promotion begins at 12:00 a.m. Eastern Standard Time ("EST") on February 5, 2010 and ends at 11:59 p.m. EST on March 28, 2010 (the "Entry Period").
3. How to Enter the Promotion:
Online Entry. During the Entry Period, go to http://www.similasanshutterfly.com. ("Website"), log in to your account, or create an account (Shutterfly's Terms located at http://www.shutterfly.com/help/terms.jsp [the "Terms"] and Shutterfly's Privacy Policy located at http://www.shutterfly.com/help/privacy.jsp apply to each account) and upload a photo to the gallery and receive one (1) entry per photo. Your photo must be consistent with the theme of this Promotion, which is defined as, "Bright Eyes/Bright Smile", and comply with all terms and conditions set forth in Rule 4 below.
To become an entrant ("Entrant"), follow the on-screen directions, complete all required registration fields, and submit your entry ("Entry") to enter. Entries must include an original digital photo. See Rule 4 for additional details. Entries containing duplicate photos or entries by automatic, programmed or like methods will be disqualified.
Only entries submitted electronically to the Website in accordance with these Rules will be eligible for consideration. Incomplete entries are void.
4. Photographs: Any and all photos in an Entry (each a "Photo") must comply with the Terms and: (a) be the Entrant's original photograph; (b) be dignified and in good taste; (c) not be obscene or indecent, including but not limited to pornography or profanity; (d) not contain any offensive or defamatory statements including but not limited to words or symbols that might be considered offensive to individuals of any race, ethnicity, religion, sexual orientation or socioeconomic group; and (e) not portray Sponsor or Sponsor's products in any way that might tend to subject it to public contempt, scandal, disrepute or ridicule. Entrant expressly agrees not to submit any Photos that is unlawful, libelous, slanderous, defamatory or invasive of another person's right of privacy or right of publicity, or that is harmful, vulgar, obscene, derogatory, pornographic, abusive, harassing, threatening, hateful, objectionable with respect to race, religion, creed, national origin or gender, or otherwise unfit for publication. Sponsor shall have no obligation to monitor any of the content provided by Entrant, but may do so at its discretion. If any Photo includes a picture of any person or persons other than the Entrant, then Entrant will have obtained such person's or all such persons' prior written approval(s) to include such Photo in the Entry and to grant the license set forth in this Rule 4. If the Photo includes a picture of a minor under the age of 18, only the parent or guardian of the minor in the photo may submit the image. Sponsor will not return any images submitted on or through the Web site. Sponsor reserves the right to make determinations of suitability in its sole and absolute discretion, and to disqualify any Entry it determines to be inappropriate for any of the reasons listed above, or for any other reason. In consideration of Entrant's submission being included in this Promotion, each entrant hereby grants to the Sponsor a non-exclusive, irrevocable, fully paid, universal license in perpetuity to use, copy, modify, sublicense, transmit, distribute, publicly perform, publish, delete or publicly display such submission, or any portion thereof, including any derivative works, in any media now known or hereafter devised without any further right of approval or compensation. Each entrant releases the Promotion Parties, and their assignees and licensees, from any and all claims or liability (now known or hereafter arising), including but not limited to any claims for defense and/or indemnity, in connection therewith and entrant warrants that he/she has permission from all persons appearing in, and all necessary rights in and to the photograph for the Sponsor to use the photograph as described above, without compensation.
5. Judging: Entries will be judged as provided below. Judging will be conducted by a panel of experts under the supervision of Judging Agency, an independent judging organization whose decisions are final in all matters relating to the Promotion.
On or around April 15, 2010 all qualifying Entries received during the Entry Period will be individually judged based on originality and creativity (50%), appropriateness to the theme of the Promotion (50%).The theme is defined in Rule 3.
Potential winners will be notified by email, mail or telephone on or about April 30, 2010. In the event of a tie during any round of judging, the tied entries will be re-judged on the basis of originality and creativity.
6. Prizes and Approximate Retail Values ("ARV"):
Promotion Prizes: One (1) Grand Prize: $500 Cash Prize; Five (5) First Prizes: 8x11 Shutterfly Photo books (ARV: $29.99) and Five (5) Shutterfly notebooks (ARV: $12.99). Total ARV of all prizes: $714.90.
Prizes will be delivered once all winners have been verified. LIMIT ONE PRIZE PER PERSON/EMAIL ADDRESS. If any prize is unclaimed, if any prize correspondence or prize is returned as undeliverable, or if a winner is found ineligible or not in compliance with these Official Rules, the prize will be forfeited and an alternate winner may be selected, at Sponsor's option. If prize, or any portion thereof, cannot be awarded for any reason, Sponsor reserves the right to substitute a prize of equal or greater value. All federal, state and local taxes, and all other costs associated with acceptance or use of the prizes, are the sole responsibility of the winners.
7. Conditions: All potential winners will each be notified by telephone, regular mail or email, and potential winners (or potential winners' parent or legal guardian if potential winner is an eligible minor) may be required to complete, sign and return an affidavit of eligibility, a liability release, and where lawful, a publicity release within a stated amount of time. If affidavits/releases are not received by the date stated on the notification, or if any notification is returned as non-deliverable, or if a potential winner is found to be ineligible or not in compliance with these Official Rules, or does not return such other releases as deemed necessary by Sponsor, the potential winner will be disqualified and at Sponsor's discretion, an alternative potential winner may be selected. Entries by automatic, programmed or like methods will be disqualified. Improper, incomplete, mutilated and illegible entries will be disqualified. Prizes will be awarded only to an address within the United States. This Promotion is subject to all federal, state and local laws.
By participating, Entrants agree to be bound by these Official Rules and the decisions of the Judging Agency. If, in Judging Agency's or a Sponsor's sole opinion, the Promotion is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Promotion, the Judging Agency and/or Sponsor reserves the right to modify or terminate the Promotion in a manner deemed reasonable by it or them, at their sole discretion. Sponsor reserves the right to disqualify any individual who tampers with the entry process or acts in a disruptive manner. This Promotion is offered only in the United States and is governed by the laws of the State of California. By entering, Entrants consent to the jurisdiction and venue of the federal, state and local courts located for San Mateo County, California.
8. Release: Except where prohibited, by accepting any prize, winner (and winner's parent or legal guardian if winner is a minor) grants permission for Sponsor and its agents to use his/her name, photograph, voice and/or likeness, for advertising and/or publicity purposes in any and all media now known or hereinafter invented without territorial or time limitations and without additional compensation.
9. Winners' List Requests: For names of prize winners, mail a self-addressed, stamped #10 envelope to be received by 4/30/2010 to: Winners' List Request, Similasan Contest, Betawave Corporation, 706 Mission Street, 10th Floor, San Francisco, CA 94103.
10. Sponsor: The Promotion is sponsored by Shutterfly, Inc. and Similasan Corporation, Highlands Ranch CO, 80129, and is managed by Shutterfly, Inc. and Betawave Corporation.