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OFFICIAL RULES
The following Contest is VALID in the 50 UNITED STATES AND DISTRICT OF COLUMBIA (D.C.) ONLY. VOID ELSEWHERE AND WHEREVER PROHIBITED BY LAW. Do not enter this Contest if you are not 18 OR OLDER (19 if a resident of AL or NE) AND a legal resident OF, and CURRENTLY RESIDING in, ONE OF the 50 UNITED STATES OR D.C. WITH AN ACTIVE EMAIL ADDRESS AT TIME OF ENTRY. THIS CONTEST IS GOVERNED BY, AND WILL BE CONSTRUED AND EVALUATED ACCORDING TO, U.S. LAW.
REALNETWORKS, INC. (“SPONSOR”) IS OFFERING THIS CONTEST (“CONTEST”). NO PURCHASE NECESSARY TO ENTER OR WIN. MAKING A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING.
- Contest open to legal residents of the 50 United States and District of Columbia (D.C.) who are 18 years of age or older (19 if a resident of AL or NE) and have an active email address at time of entry. Void outside the 50 United States and D.C. and where prohibited by law. Contest is subject to all applicable federal, state and local laws and regulations. Employees of Sponsor, its affiliates, subsidiaries, advertising and promotional agencies, any other parties involved in any aspect with the creation, production, operation, execution, fulfillment or judging of this Contest, the officers, directors and agents of each of the foregoing entities, and members of the immediate families defined for these purposes as spouse, biological or step-parents, , children, siblings, grandparents, grandchildren and each of their respective spouses, regardless of where they reside) or households (whether related or not) of any of the above are NOT eligible to participate.
- Contest starts 10/6/09 at 12:00:01 AM Eastern Time (ET) and ends on 10/26/09 at 11:59.59 PM ET (“Promotion Period”). Only one entry is allowed per person/household. All eligible entries will be included in the Grand Prize judging.
- One (1) Grand Prize winner will be selected from among all eligible entries received in accordance with these Rules during the Promotion Period. Each entry will be judged by qualified judges based on the following criteria: humor (60%) and originality (40%).
- One (1) Grand Prize Contest: The Grand Prize winner will be determined on or about 11/2/09, and announced on or about 11/9/09. In the event of a tie, the entries involved in the tie will be re-judged by an additional qualified judge who will serve as a tiebreaker and who will evaluate entries according to the criteria listed above. In case of a tie involving a Wisconsin resident, duplicate prizes will be awarded.
- To enter: Send an email to proposalcontest@evilbeetgossip.com with your first and last name, age, email address and postal mail address (including Zip Code) and include in the email your own original true story in English, in 500 words or less, about the best, funniest most unusual marriage or romantic commitment proposal you’ve had. Each story must be entrant’s own original creation, executed solely by entrant and may not have won any other award. Stories may not have been published previously. Modifying, enhancing or altering a third party’s preexisting work does not qualify as entrant’s original creation. Entry must be in keeping with the Sponsor’s image and may not be offensive, as determined by the Sponsor in its sole discretion, nor can it defame or invade publicity rights or privacy rights of any person, living or deceased, or otherwise infringe upon any person’s personal or proprietary rights, including but not limited to intellectual property rights. The right to submit or use an entry may not be restricted in any way. Entries not complying in any way with these Official Rules, including without limitation those that exceed the maximum number of words, are subject to disqualification. No correspondence regarding entries will be entered into with entrants except as provided herein.
- All entries received become the property of the Sponsor and will not be returned. By entering, all entrants accept and agree to be bound by these Official Rules and the decisions of the Sponsor, the judges and Administrator, which shall be final, binding and conclusive on all matters relating to this Contest.
- Entries will be deemed submitted by the authorized account holder of the e-mail address from which the entry is made. Sponsor reserves the right to void any entry made through any robotic, automatic, mechanical, programmed or similar entry method and to disqualify any individual using such a method. All entries are subject to verification of compliance with these Rules. Sponsor and its agents are not responsible for: (i) electronic transmissions or entries that are lost, late, stolen, incomplete, illegible, damaged, garbled, destroyed, misdirected or not received by Sponsor or its agents for any reason, (ii) any problems or technical malfunctions, errors, omissions, interruptions, deletions, defects, delays in operation or transmission, communication failures or human error that may occur in the transmission, receipt or processing of entries, or for destruction of or unauthorized access to, or alteration of, entries , (iii) failed or unavailable hardware, network, software or telephone transmissions, damage to entrants’ or any person’s computer and/or its contents, or causes beyond Sponsor’s reasonable control that jeopardize the administration, security, fairness, integrity or proper conduct of this Contest, or (iv) any entries submitted in a manner that is not expressly allowed under these rules; all such entries will be disqualified. All incomplete or otherwise non-conforming entries will be disqualified. Sponsor and its agents are further not responsible for: (i) incorrect or inaccurate entry information whether caused by Internet users or by any of the equipment or programming associated with or utilized in the Contest or by any technical or human error which may occur in the transmission, receipt or processing of the entries; or (ii) cheating or fraud by any participant. If, for any reason, the Contest is not capable of being executed as planned, including without limitation infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of the Sponsor or its agents that corrupt or affect the administration, security, fairness, integrity or proper conduct of the Contest, Sponsor reserves the right at its sole discretion to cancel the Contest without prior notice. CAUTION: ANY ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE ANY WEB SITE OR OTHERWISE CORRUPT THE CONTEST OR TO UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO DISQUALIFY, PROSECUTE AND SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
- One (1) Grand Prize consisting of a three (3) days, two (2) nights trip for two (2) (winner and one (1) guest) to Napa Valley, CA OR Las Vegas, NV will be awarded, including round-trip coach class air transportation for winner and guest from a major airport near the winner’s residence (as determined by Sponsor) to either the San Francisco International Airport OR the Las Vegas Airport ; two (2) nights of hotel accommodations consisting of a double occupancy room at a Napa Hotel OR a Las Vegas Hotel (as determined by Sponsor) and use of a rental car (subject to age or other eligibility restrictions that may apply) that will be picked up and dropped off at the San Francisco International Airport OR Las Vegas Airport. Approximate Retail Value (“ARV”): $4,950. Travel arrangements must be made 30 days prior to date of travel. Trip must be completed by 2/16/10 or it will be forfeited in its entirety.
- Grand Prize winner’s guest must be at least 18 years of age (19 if a resident of AL or NE) by time of travel and must be able to travel together with winner on the dates and times to be specified by the Sponsor or the prize will be forfeited in its entirety and awarded to an alternate potential winner, time permitting, chosen on the basis of the results of the judging. Travel and/or accommodations restrictions may apply. Actual retail value of prize depends on the city of departure and airfare fluctuations and any difference between the stated ARV and the actual value, if any, will not be awarded. If the potential winner cannot accept prize as stated, his/her prize will be forfeited and awarded to an alternate winner, time permitting, chosen on the basis of the results of the judging. If Grand Prize winner resides within one hundred (100) miles of Napa Valley, CA, s/he will receive the use of a rental car (subject to age or other eligibility restrictions that may apply) in lieu of air travel (no compensation or substitution for difference in value will be awarded). The trip may not be combined with any other offer and travel may not qualify for frequent flyer miles. All travel arrangements are subject to availability. All other expenses and costs not expressly listed above, including but not limited to other ground transportation, hotel incidentals, meals and tips, are solely the winner’s and guests’ responsibility.
- Prize may not be transferred, assigned, redeemed for cash or substituted, except that the Sponsor may substitute a prize or any component of a prize with a prize or prize component of equal or greater value in the event the stated prize/component becomes unavailable. All state, federal and local income taxes on prize are solely the responsibility of the winner. The Grand Prize will be awarded provided it is properly claimed in accordance with these Rules.
- On or around 11/2/09, the judges will review the eligible entries to select the Grand Prize winner on the basis of the criteria set forth above. Potential winner will be notified by Administrator via email and/or postal mail within approximately seven (7) days following the conclusion of the judging process. The winner will be required to sign and return an Affidavit of Eligibility and Liability/Publicity release (where permitted) within seven (7) days of initial notification, or prize may be forfeited and awarded to an alternate winner on the basis of the judging results. The potential winner will be disqualified and will automatically forfeit all right, claim and interest in or to the prize, and Sponsor shall have no liability or responsibility to award such prize to said potential winner if: a) any required prize acceptance documents are not fully executed and received by Administrator at the designated address within the time period stated above; or b) if potential Winner cannot be contacted for any reason, or c) if potential winner fails to provide a proper email or postal mail address; or d) potential winner is deemed ineligible to receive a prize or is otherwise non-compliant with any aspect of these Official Rules. The Grand Prize winner’s guest must also sign and return a Liability/Publicity Release as a condition of accompanying winner on the trip.
- By entering, each entrant agrees to release and hold harmless the Sponsor, the Judges, the Administrator, and their respective parent companies, subsidiaries, affiliates and agencies, and the officers, directors and employees of each of the foregoing, from and against any and all liability arising from or in connection with participation in the Contest or the acceptance, possession and/or use of the prize (if awarded to him/her), or his/her participation in prize-related activities (if Grand Prize is awarded to him/her), including but not limited to travel related thereto.
- DISPUTES: By participating, entrants agree that (a) any and all disputes, claims and causes of action arising out of, or connected with, this Contest or the prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in the County of San Francisco, California; (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including but not limited to costs associated with entering this Contest but in no event attorneys’ fees; and (c) to the extent allowed by law, under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, punitive, incidental and/or consequential damages and/or any other damages, other than out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, entrants’ rights and obligations, or the rights and obligations of the Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of California, without giving effect to any choice of law or conflict of law rules (whether of the State of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of California.
- By accepting the Grand Prize, the winner consents to the use of his/her name, voice, limited biographical information, photograph and/or other likeness by Sponsor and its respective affiliates and agents ,including without limitation on Rhapsody.com, for advertising, promotion, public relations or trade purposes ,in commerce and in any media worldwide now known or hereinafter developed, without limitation or additional notice or compensation (such consent being optional for a Tennessee resident).
- Submission of any entry (including the essay contained therein) grants Sponsor and its respective agents and licensees the right to publish, use, adapt, edit and/or modify the entry in any way, in commerce and in any and all media worldwide now known or hereinafter developed (including without limitation publication on Rhapsody.com), without limitation or additional notice, and without compensation to the entrant Submission of any entry further constitutes the entrant’s assignment and transfer to Sponsor of any and all rights, title, and interest in and to the entry, including, without limitation, all intellectual property rights.
- By participating in this Contest, each entrant agrees to release and hold harmless Sponsor, Administrator, the judges, their respective parent companies, affiliates, subsidiaries, advertising and promotional agencies and the officers, directors, employees and agents of each of the foregoing, from and against any and all liability, loss, harm, or damage, including, without limitation, property damages, personal injury and/or death, and cost or expense, including but not limited to all reasonable counsel fees and court costs, arising from or in connection with participation in the Contest, or the acceptance, possession or use/misuse of any prize that may be awarded to said entrant.
- For the name of the winner, send a self-addressed, stamped #10 size envelope, to be received by 12/2/09, to: RealNetworks, Inc., Attn: The Proposal Contest Winner, 2601 Elliott Ave. Seattle, WA, 98121.
Sponsor: RealNetworks, Inc., 2601 Elliott Ave. Seattle, WA, 98121
Administrator: David Kessler & Associates, Inc., 391 Castlewood Lane, Buffalo Grove, IL 60089 |
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