THE DIMOND CENTER® 2017 TREATS FOR MOM PHOTO CONTEST OFFICIAL RULES
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. YOU ARE NOT YET A WINNER. OPEN TO LEGAL RESIDENTS OF ALASKA WHO ARE AT LEAST 18 YEARS OF AGE. VOID WHERE PROHIBITED OR RESTRICTED BY LAW. INTERNET ACCESS AND PHOTO UPLOADING CAPABILITY THROUGH A FACEBOOK, TWITTER, OR INSTAGRAM ACCOUNT REQUIRED.
GET CRACKING AND RESPOND SOON!
1. ENTRY DEADLINES: THE DIMOND CENTER® 2017 TREATS FOR MOM PHOTO CONTEST (THE “PROMOTION”) BEGINS AT 12:01 A.M. AKDT ON May 2nd, 2017 AND ENDS AT 11:59 P.M. EDT ON MAY 9th, 2017 (THE “PROMOTION PERIOD”). All entries must be submitted on or before 11:59:59 p.m. AKDT on May 9th, 2017 to be eligible.
WHO CAN WIN REALLY COOL PRIZES?
2. ELIGIBILITY: Promotion is open only to legal residents of Alaska, who are at least 18 years of age or older or the age of majority in his/her state of residence, whichever is older. Employees of Dimond Center, LLC. (“Dimond Center” or “Sponsor”) , subsidiaries, and advertising and promotional agencies involved with this Promotion, and their immediate families or individuals living in the same households of such persons are ineligible to enter or win. For purposes of this Promotion, “immediate families” are defined as spouses, parents, step-parents, children, step-children, siblings, step-siblings, grandparents, and their respective spouses, regardless of where they reside.
Entrants’ agree to be bound by these Official Rules and by the decisions of Dimond Center’s, which are final and binding in all respects. Winners will be required to sign and return an Affidavit of Eligibility and Liability and Publicity Release and I.R.S. W-9 form, if necessary, within 10 days of notification. In the event of fraud or non-compliance with these requirements, such prizes will be forfeited.
HOW TO TAKE A CHANCE AT WINNING!
3. HOW TO ENTER: Eligible entrants are entered upon uploading an image online:
The Entry must meet the following criteria and specifications:
i. The photo must be in .jpg file format no greater than 10 MB;
ii. The photo must be of sufficient quality and resolution to be posted on the internet
iii. Only the parent or legal guardian of a child may enter a photo including his or her child.
Entrants must follow all instructions to enter and win. Entries cannot be acknowledged or returned and become the property of upon receipt. Sponsor reserves the right in its sole and exclusive business judgment to disqualify any entry that it believes contains inappropriate content, that does not comply with these Official Rules, or that is not consistent with the spirit or theme of the Promotion.
ENTRY REQUIREMENTS: Entrants agree to and understand that each Entry will be made available to the public, including without limitation, posting on the Internet by Dimond Center, LLC. Whether or not an Entry is posted on the Internet, Sponsor does not covenant or guarantee any confidentiality with respect to any Entry. The Entry must not have been submitted previously in any contest or promotion of any kind or exhibited or displayed publicly (i.e. disclosed beyond the Entrant’s immediate family and friends) through any means previously.
ENTRY RESTRICTIONS: Entries cannot contain or reference any other person or organizations, including any celebrities, in any identifiable way (for example, by first and last name, or by any part of a name that is identifiable) without their written permission. In addition, the entries cannot describe illegal, dangerous or unsafe activity, or be otherwise obscene or inappropriate (including, but not limited to nudity or pornography), as determined by Sponsor in its sole discretion. Entries may not contain or depict: (i) an individual smoking or who is intoxicated; (ii) materials that promote bigotry, racism, hatred, or harm against any group or individual or which promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age; (iii) threats to any person, place, business, or group; or (iv) unacceptable clothing or adornments, or displays any commercial or corporate advertising or intellectual property (including, but not limited to, corporate logos, brand names, trademarks, slogans, political, personal and/or religious statements). No Entry may disparage persons or organizations associated with Sponsor. Sponsor reserves its right not to pose any entries which are illegal, dangerous, or otherwise obscene or inappropriate.
Late, damaged, or incomplete entries and entries not complying with all rules are subject to disqualification. Sponsor reserves the absolute right to remove any Entry for any reason or if Sponsor receives notification about any potential infringements or breaches of law or any other reason set forth herein. Entries must be suitable for presentation in a public forum, in the sole determination of Sponsor and its judges.
No correspondence regarding entries will be acknowledged or entered into with entrants. Sponsor is not responsible for lost, late, or incomplete entries, for those who cannot access the Internet or if entry information is not captured correctly, or for any technical, hardware, software, Internet, virus contamination, network, human error, electronic malfunctions, or any other problems occurring during participation in the Promotion or for delay, failure, or malfunction for any reason.
If a dispute arises regarding who submitted an online entry, the entry will be deemed to be submitted by the authorized account holder of the email address provided at time of entry. “Authorized Account Holder” is defined as the natural person who is assigned to an email address by an Internet access provider, online service provider, or other organization responsible for assigning email addresses for the domain associated with the submitted email address. A selected entrant may be required to provide Sponsor with proof that he or she is the authorized account holder of the e-mail address associated with the selected Entry.
WHEN YOU’LL FIND OUT IF YOU WON
4. SELECTION OF WINNERS: On May 12th, one (1) winner will be chosen, based on having the most likes on the contest's gallery. Please remember, all Entries must be in good taste and in accordance with the Official Rules. Winners will be notified by certified mail, mail, email or telephone within seven (7) days of their Entry being selected as a winner. All properly claimed prizes will be awarded to verified winners. Verified winners must pick them up within thirty (30) days or they forfeit. The prizes cannot be exchanged for cash.
LEGAL STUFF YOU NEED TO KNOW
5. CONDITIONS: By entering or participating in this Promotion, entrants expressly agree and consent to use of entrant’s name(s) and other biographical information (in whole or in part) for any and all purposes, including, but not limited to, advertising, trade and/or promotion on behalf of Sponsor, without further limitation, restriction or compensation, unless prohibited by law. Submission of an Entry constitutes permission for Dimond Center, LLC to publish all aspects of the Entry, in any and all media worldwide without limitation or additional compensation to entrant and to use the submitted information, including for purposes of marketing and promotion, subject to Dimond Center, LLC's privacy policies and to the extent permitted by law. Entrant acknowledges and agrees that by uploading the Entry, for zero compensation, Entrant has granted to Sponsor all intellectual property rights in the Entry and each of its constituent parts. Entrants voluntarily transfer to Dimond Center, LLC all right, title, and interest, including copyright, to the Entry. Entrants agree to transfer the copyright to the submission to Dimond Center, LLC and to execute such documents necessary to effectuate such a transfer, if required. In addition, Entrant warrant that any so called “moral rights” in the Entry have been waived and Entrant acknowledges and agrees that Sponsor may use any ideas from any Entry, whether or not Entrant has
been awarded a prize in connection with any such Entry. Entrant agrees to release, defend, indemnify and hold harmless each of Sponsor, Facebook, Twitter, and Instagram, Inc. and each of their affiliates, subsidiaries, employees, directors, officers, agents, franchisees, subcontractors, and licensees from all claims, demands, and causes of action of any nature whatsoever which Entrant or Entrant's heirs, representatives, executors, administrators, or any other persons acting on Entrant’s behalf or on behalf of Entrant’s estate, have or may have by reason of: (i) Sponsor’s exercise of any rights granted by Entrant in this paragraph; (ii) claims based on violation of any right of publicity or rights of personality, infringement of copyright or trademark, libel, slander, defamation, invasion of privacy, loss of earnings or potential earnings in connection with Entrant’s use of the Entry and any portion thereof, or the likeness of any natural person therein.
All federal, state and local taxes are the sole responsibility of the Winners. Winners will be sent an IRS Federal 1099-MISC tax form for the retail value of any prize at or above $600, if applicable. Any unspecified expenses, and incidental items related to the acceptance/use of prize are solely the responsibility of the Winner. No transfer or substitution of prizes permitted. Auntie Anne’s is not liable for award of any prize to entrant who has violated these Official Rules, or committed fraud or deception in entering or participating in the Promotion or claiming the prize. Promotion subject to all federal, state, provincial and local laws and is void wherever prohibited by law. By participating, entrant agrees to release and hold harmless Facebook, Twitter and Instagram, Inc., Dimond Center, LLC, its subsidiaries, affiliates, partners, representatives, agents, successors, assigns, employees, officers and directors, from any and all liability, for loss, harm, damage, injury, cost or expense whatsoever including without limitation, property damage, personal injury (including emotional distress) and/or death which may occur in connection with preparation for, or participation in, the Promotion, or possession, acceptance and/or use or misuse of the prize or participation in any Promotion-related activity and for any claims based on publicity rights, defamation or invasion of privacy and merchandise delivery.
ANY ATTEMPT BY AN ENTRANT OR ANY OTHER PERSON TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAW AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT OF THE LAW.
MORE LEGAL STUFF YOU NEED TO KNOW
6. ADDITIONAL TERMS: Facebook, Twitter, Instagram, Inc., Sponsor, subsidiaries, affiliates, partners, representatives, agents, successors, assigns, employees, officers and directors shall not have any obligation or responsibility with regard to: (i) entries that contain inaccurate information or do not comply with these rules; (ii) entries, prize claims or notifications that are lost, late, incomplete, illegible, unintelligible, damaged or otherwise not received by the intended recipient, in whole or in part, due to computer, human or technical error of any kind; (iii) telephone, electronic, hardware, software, network, Internet or computer malfunctions, failures or difficulties; (iv) any inability of a winner to accept the prize for any reason; (v) if a prize cannot be awarded due to travel cancellation, delays or interruptions due to Acts of God, natural disasters, terrorism or weather; or (vi) any damages or losses of any kind caused by any prize or resulting from awarding, acceptance, possession, use, misuse, loss or misdirection of any prize or resulting from participating in this promotion or any promotion or prize related activities. Dimond Center, in its sole discretion, reserves the right to disqualify any person tampering with the entry process or the operation of this promotion or otherwise violating these rules. If Dimond Center determines, in its sole discretion, that technical difficulties or unforeseen events outside its control compromise the integrity or viability of the promotion, Dimond Center reserves the right to void the entries at issue, modify the promotion and/or terminate the relevant portion of the promotion. Sponsor’s failure to enforce any of these Official Rules shall not constitute a waiver of that provision. Should any provision of these Official Rules be deemed unenforceable or invalid, the other provisions of these Official Rules shall remain in full force and effect. In the event that this Promotion is challenged by any legal or regulatory authority, Sponsor reserves the right to discontinue or modify the Promotion, as applicable, or to disqualify any entrants residing in any affected geographic areas (as applicable). In such event, Sponsor shall have no liability to any entrants who are disqualified due to such actions.
This Promotion is in no way sponsored, endorsed, or administered by, or associated with, Facebook, Twitter or Instagram, Inc.
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe that Entries posted as part of the Promotion infringe your copyright, you (or your agent) may send Sponsor a notice requesting that the Entry be removed. The notice must include the following information: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted; (v) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by you, your agent, or the law; (vi) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. All notices described above should be sent to Dimond Center 800 E Dimond Blvd. Suite 3-500 Anchorage, AK 99515. Any information or correspondence that you provide to us may be shared with third parties, including the person who provided us with the allegedly infringing material.
Except where prohibited by law, by submitting an Entry, entrants agree that all issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules, or the rights and obligations of Sponsor and entrants shall be covered and construed in accordance with the laws of the Commonwealth of Pennsylvania without giving effect to any principles of conflicts of laws of any jurisdiction. Entrants agrees that any action at law or in equity arising out of or relating to this Promotion, or awarding of the prizes, shall be filed only in the state or federal courts located in the state of Alaska and entrant hereby consents and submits to the personal jurisdiction of such courts for the purposes of litigating any such action. Except where prohibited, by participating in this Promotion, entrant agrees that: (a) any and all disputes, claims, and causes of action arising out of or connected with this Promotion, or awarding of the prizes, shall be resolved individually, without resort to any form of class action; and (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in this Promotion but in no event attorneys' fees; and (c) under no circumstances will any participant be permitted to obtain awards for and hereby waives all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual 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.
7. OFFICIAL RULES & WINNERS LIST REQUESTS: To request a list of the winners send a separate, stamped, self-addressed envelope to: Dimond Center, LLC., 800 E Dimond Blvd. Suite 3-500 Anchorage, AK 99515. ATTN: Marketing Department. Please note on the front left-hand corner of your envelope whether you are requesting Official Rules or a Winners List. Request must be received by May 25, 2017.
8. SPONSOR: The Sponsor of the Promotion is Dimond Center having a place of business at 800 E Dimond Blvd. Suite 3-500 Anchorage, AK 99515.