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Updated. April 5, 2011
OFFICIAL RULES OF THE DRYEL® MY LIFE CONTEST
NO PURCHASE OR PAYMENT NECESSARY. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING A PRIZE. INTERNET ACCESS REQUIRED. YOU HAVE NOT YET WON. OPEN ONLY TO LEGAL US RESIDENTS VOID WHERE PROHIBITED.
1. DESCRIPTION OF CONTEST: The Dryel® My Life Contest (“Contest”) is sponsored by the oneCARE Company (“Sponsor”). Each month during the Contest Period described in Section 3 below, eligible entrants can submit their most innovative idea for fitting Dryel® into their life. Each month the public will vote on the most innovative entries. There will be both monthly Contest winners and overall Contest winners at the end of the Contest Period as described in more detail below.
2. ELIGIBILITY: The Contest is open only to legal residents of the 50 United States or the District of Columbia who are at least 18 years or older, or the age of majority in their state of residence, whichever is older, as of the date of their entry. Void in Puerto Rico, US territories and possessions and where prohibited or otherwise restricted by law. Officers, directors, shareholders, members, employees, or agents of Sponsor, and its parents, subsidiaries, divisions, affiliates, suppliers, distributors, advertising and promotional agencies, and all others associated with the development, administration and execution of this Contest (the “Contest Entities”), in addition to their immediate families (defined as spouse, mother, father, sisters, brothers, sons and daughters, regardless of where they reside) and members of their households (whether related or not) are not eligible to participate in this Contest. Participation in the Contest constitutes each entrant’s full and unconditional agreement to and acceptance of these Official Rules, including, but not limited to, entrant’s consent to receive email messages from Sponsor in connection with the Contest. Each Contest entrant is referred to herein as a “Participant.”
3. HOW TO ENTER: You can only enter the Contest online through the following web address: http://www.dryel.com/contest. You should follow all instructions to complete all the required fields provided on the registration form (“Registration Form”) and upload your idea and, if included, a photo (collectively the “Submission”), and click “submit” to complete.
Submissions will be accepted starting 1:00 p.m. ET on August 5, 2010 and ending on 11:59 pm ET on March 31, 2011 (the “Contest Period”). The Contest Period will be further divided into the following monthly period (each a “Monthly Period” and collectively “Monthly Periods”):
August 5 2010 – August 31, 2010
September 1, 2010 – September 30, 2010
October 1, 2010 – October 31, 2010
November 1, 2010 – November 31, 2010
December 1, 2010 – December 31, 2010
January 1, 2011 – January 31, 2011
February 1, 2011 – February 28, 2011
March 1, 2011 – March 31, 2011
Each Monthly Period, other than August, begins at 12:00 a.m. ET on the first day of that period and ends at 11:59 pm ET on the last day of that period.
Sponsor’s Contest computer is the official clock for the Contest. You can enter as many times as you like during the Contest Period, provided that Monthly Winners are only permitted to submit additional entries if the additional Submission is different from the winning Submission, as determined by Sponsor in its sole discretion. All Submissions must meet the standards set out in these Official Rules including, but not limited to, the Submission Requirements specified in Section 4 below.
A. Submissions must not exceed 300 words of text. All photos must be submitted in JPG or PNG format and must not have a file size that exceeds 10 MB.
B. Submissions must be in the English language.
C. Submissions must be the original creation of the submitting Participant.
D. Participants agree to and understand that Submissions will be made available to the public, including but not limited to posting on the Internet. Whether or not Submissions are published on the Internet, Sponsor does not guarantee any confidentiality with respect to any Submission.
E. Submissions may not contain unsafe behavior or situations, profanity, nudity, pornographic images or explicit sexual themes, graphic violence, defamatory or libelous statements or material considered illegal. Submissions containing any such aspects and/or that are in violation of law or otherwise deemed by Sponsor, in its sole discretion, to be prejudicial to Sponsor or inappropriate in any way will be disqualified. Submissions determined, in Sponsor’s sole discretion, to infringe on any intellectual property rights or other rights will be disqualified.
F. Each Submission must be created and entered on an individual basis only (i.e., no joint or corporate entries or entries on behalf of any Participant).
G. Each Submission must be an original work which is under no restriction, contractual or otherwise, that will prevent Sponsor’s use of the Submission and each Submission must be free of any and all liens, encumbrances and claims of third parties. Participant acknowledges, agrees and warrants that, nothing in the Submission infringes on any copyrights, patents, confidential information, trade secrets or trademarks belonging to any person or entity other than the Participant, or violates any person's rights of privacy or publicity and that all necessary releases and permissions have been secured.
H. By uploading a Submission, each Participant agrees, for zero compensation, to grant to Sponsor all worldwide right, title and interest, including all copyright, patent, trademark, trade secret, and other intellectual property rights in the Submission and each of its constituent parts (including but not limited to any photographs), which rights include, without limitation, the Sponsor’s right to use the Submission in any marketing or advertising and in any product or product development, and to publish, make available to the public and/or reproduce the Submission worldwide through any media available for the purpose of administering and conducting the Contest. In addition, Participant warrants that any so called “moral rights” in the Submission have been waived and Participant acknowledges and agrees that Sponsor may use any ideas from any Submission or other submitted materials, whether or not Participant has been awarded a prize in connection with any such Submission or other materials.
I. Sponsor is not responsible for any expenses incurred in the production and delivery of the Submissions.
J. Any Submission that does not comply with the above restrictions or any other requirement herein is subject to disqualification and Sponsor reserves the right at its sole discretion to remove any Submission if Sponsor receives notification about any potential infringements or breaches of law or any other reason set forth herein.
Sponsor is not responsible for lost, late, incomplete, invalid, illegible or misdirected Submissions, which will be disqualified; for technical failures of any kind, including, but not limited to, electronic malfunctioning of any network, hardware or software; any failed, incomplete, garbled or delayed computer transmissions or any combination thereof; or for any error, human, technical or otherwise; or any injury or damage to Participant’s or any other person’s computer related to or resulting from entering, participating in, or accessing or downloading information in connection with, this Contest. Sponsor reserves the right at its sole discretion to modify, cancel or suspend this Contest for any reason whatsoever including, but not limited to, a computer virus, bug, or other cause beyond the control of Sponsor. In case of dispute as to the owner of a Submission, the Submission will be deemed to have been submitted by the authorized account holder of the e-mail address from which the entry is made. The "authorized account holder" is the natural person assigned an e-mail address by an Internet access provider, online service provider or other organization responsible for assigning e-mail addresses for the domain associated with the submitted address. A selected Participant may be required to provide Sponsor with proof that he/she is the authorized account holder of the e-mail address associated with the selected Submission. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds tampering with the operation or entry process of the Contest, or acting in violation of these Official Rules or applicable law. Submissions delayed past the end of a Monthly Period will not be accepted for that Monthly Prize; Submissions delayed after the end of the Contest Period will not be accepted and will be destroyed. All Submissions become the property of Sponsor.
5. DESCRIPTION OF PRIZES. The following prizes are available to be awarded in this Contest:
A. Monthly Contest Winners: There will be three prizes awarded to the winners of each monthly Contest:
1. First Place: $250.00 Target® Gift Card. ARV: $250.00.
2. Second Place: $150.00 Target® Gift Card. ARV: $150.00.
3. Third Place: $100.00 Target® Gift Card. ARV: $100.00.
B. Overall Contest Winners: There will be three prizes awarded to the winners of the overall Contest:
1. First Place: $3000.00 in cash.
2. Second Place: $2000 in cash.
3. Third Place: $1000 in cash.
Names of manufacturers are used for purposes of prize description only and such use is not intended to suggest or imply the manufacturer’s sponsorship, endorsement or approval of this Contest. Gift cards are subject to additional terms and conditions. The combined total value of all prizes available to be won in the Contest is estimated at $11,000 USD. There are no cash alternatives to any prize, except as noted. Prizes are not transferable. There are no prize substitutions, except that Sponsor may in its sole discretion substitute for any prize an alternate prize of equal or greater value. Please allow 6 to 8 weeks delivery of any prizes. The winners are responsible for all income and other taxes on the prizes awarded. Sponsor will issue a Form 1099 to all winners with prizes valued at $600 or more.
6. DETERMINATION OF WINNERS.
A. The following method will be followed to determine the Monthly Contest winners. Each month a panel of judges selected by Sponsor will select up to six (6) Submissions received during that Monthly Period to be Finalists for that Monthly Contest. The six finalists will be determined according to the following criteria: originality, creativity, and relationship to Dryel products. All decisions of the judges are final and binding on all Participants. Each of the finalist’s Submissions will be posted on dryel.com and voted on during the Monthly Voting Period defined in Section 7 below. The finalist that receives the most valid votes will be the First Place Winner, the finalist that receives the second most valid votes will be the Second Place Winner and the finalist that receives the third most valid votes will be the Third Place Winner. Finalists or winners of a Monthly Contest will not be eligible to be a Finalist or winner of another Monthly Contest based on the same Submission, but will be eligible to be voted on for the Overall Contest winner based on the same Submission or to be considered as a finalist or Monthly Winner based on a new Submission that is substantially different (as determined by Sponsor in its sole discretion) from the Submission that was selected to be a Finalist or Monthly Winner.
B. The following method will be used to determine the Overall Contest winners. The Submission for all the finalists selected during each of the Monthly Contest will be posted on www.dryel.com and voted on during the Overall Contest Voting Period defined in Section 7 below. The finalist that receives the most votes will be the First Place Winner, the finalist that receives the second most votes will be the Second Place Winner and the finalist that receives the third most votes will be the Third Place Winner.
7. VOTING. Votes can be submitted for each Submission by viewing the selected content submitted by the finalists and choosing one. Votes can be cast at www.dryel.com and at such alternative web locations that may be designated by Sponsor. Only one vote per IP address per day will be permitted. The use of automated computer programs, code or scripts to generate votes is prohibited and will result in disqualification of such votes. No person may vote by proxy for any other person. Sponsor shall have sole discretion to determine whether a vote is eligible and to disqualify any votes that it deems to be fraudulent or in violation of these rules.
The Monthly Voting Period for each Monthly Contest will start at 12:00 a.m. ET on the eighth (8th) day following the end of the preceding Monthly Period and will end at 11:59 p.m. ET on the seventeenth (17th) day following the end of the preceding Monthly Period. For example, the Monthly Voting Period for Submissions received during the August, 2010 Monthly Period will be from 12:00 a.m. ET on September 8, 2010 through 11:59 p.m. ET on September 17, 2010.
The voting period for the Overall Contest (“Overall Contest Voting Period”) will start at 12:00 a.m. ET on April 1, 2011 and end at 11:59 p.m. ET on April 15, 2011.
Only votes received during the applicable voting period will be considered in determining the winner of that particular Contest. Votes do not carry over.
8. NOTIFICATION OF WINNERS. All winners will be notified within thirty (30) days after the selection of such winner by telephone, e-mail or mail. In order to receive any prize, the winning Participant must complete and return to Sponsor an Affidavit of Eligibility and a Liabilities/Publicity Release Form, except where prohibited by law, and where required for tax reporting purposes, a Form W-9, within seven (7) days of receipt of notification as a potential winner. Failure to return the signed Affidavit and Release within seven (7) days may result in forfeiture of the prize, except where prohibited by law. All prize awards are subject to verification, eligibility and compliance with these Official Rules. If a potential winner cannot be contacted within seven (7) days of the first attempt to contact him/her, or if he/she fails to return the signed Affidavit and Release within seven (7) days, where legal, or if the potential winner is deemed ineligible for any other reason in Sponsor’s sole discretion, the potential winner will be disqualified. In the event of the disqualification of any Contest winner, an alternate winner, as applicable, will be selected in his/her place by choosing the Submission with the next highest number of valid votes received during the applicable Voting Period amongst all remaining eligible entries received, as applicable.
9. GENERAL: The Contest Entities reserve the right to terminate, cancel, suspend and/or modify the Contest without liability and without prior notice if any factor interferes with its operation as contemplated by these Official Rules, including but not limited to any fraud, virus or other technical problem which corrupts the administration, security, or proper operation of the Contest. Only one Monthly Prize may be collected per household (same family name, same address), but a Monthly Prize winner is also eligible to win one of the Overall Contest Prizes. CAUTION; ANY ATTEMPT BY PARTICIPANT TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAW. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW. The use of automated or third party software or another web site not approved by Sponsor in order to register or enter this Contest is prohibited. Any questionable activity that increases votes for a Submission will result in disqualification of that entry or the suspect votes, or similar action, in Sponsor’s sole discretion. Sponsor reserves the right, in its sole discretion, to disqualify any Participant who is suspected of tampering with the Submission, voting or selection process.
The Contest Entities shall have no liability and shall be released and held harmless by Participant(s) for any damage, loss or liability to person or property, including without limitation any claim for infringement of intellectual property rights, due in whole or part, directly or indirectly, by reason of the acceptance, possession, use or misuse of any prize or participation in this Contest. Participants assume all risk of loss, damage, destruction, delay or misdirection of mail or email or any Submission submitted to Sponsor. All prizes are awarded upon the condition that the Contest Entities shall have no liability whatsoever, subject to the limitations set forth herein, and shall be held harmless for any injuries, losses, or damages of any kind to persons or property, including death, sustained, in whole or in part, directly or indirectly, in connection with or resulting from acceptance, possession or use/misuse of any prize, or participation in the Contest and any Contest related activities and further acknowledge that said parties have neither made, nor are in any manner responsible or liable for, any warranty, representation or guarantee, expressed or implied, in fact or in law, relative to any prize, including but not limited to its quality, mechanical condition or fitness for a particular purpose.
All personal information that Participants submit will be used to administer and conduct this Contest and will otherwise be subject to Sponsor’s privacy policy. For a copy of Sponsor’s full on-line privacy policy please visit dryel.com/privacy-policy.
Any and all disputes, claims and causes of action arising out of or connected with this Contest, or any prize awarded, shall be resolved individually, without resort to any form of class action. Claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, but in no event attorney’s fees.
Except where prohibited, all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the Participant and Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of Georgia without giving effect to any choice of law or conflict of law rules (whether of the State of Georgia or any other jurisdiction). Participants agree that the exclusive venue for any disputes, claims and causes of action arising out of or connected with this Contest, or any prize awarded, shall be a court of competent jurisdiction located in the State of Georgia. 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.
Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
10. DMCA: Sponsor or the sites on which this Contest is being conducted comply with the provisions of the Digital Millennium Copyright Act (DMCA). In compliance with the DMCA, a Designated Agent has been established with proper documentation sent to the US Copyright Office. If you have a concern regarding the use of copyrighted material on any web site, please contact the agent designated to respond to reports alleging copyright infringement. For more information on Sponsor’s DMCA compliance policy, go to www.dryel.com/dmca.
The designated agent for Sponsor to receive notification of claimed infringement under Title II of the DMCA is: Lakmini Rouse, The oneCARE Company, 3440 Preston Ridge Road, Suite 650 Alpharetta, GA 30005. Fax: 770-570-5148. Email: lrouse@onecareco.com.
11. Official Rules and Winners List: For a copy of the Official Rules or list of prize-winners, which shall be available thirty (30) days after each Monthly Period for Monthly Prize Winners and thirty (30) days after the Overall Contest Period for the Overall Contest Winners, please send a separate, self-addressed stamped envelope to: 3440 Preston Ridge Road, Suite 650, Alpharetta, GA 30005. Vermont residents may omit return postage.
12. Sponsor: The oneCARE Company, 3440 Preston Ridge Road, Suite 650, Alpharetta, Georgia 30005.