Boston.com Spooky Home Contest Official Rules
1. Eligibility: The Boston.com Spooky Home Contest (the "Contest") is open only to legal residents of Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island and Vermont who are of legal age of majority in the state in which he/she resides at the time of entry. Employees of Sponsor, and any of its parent and affiliate companies as well as the immediate family (spouse, parents, siblings and children) and household members of each such employee are not eligible. The Contest is subject to all applicable federal, state, and local laws and regulations and is void where prohibited.
2. SPONSOR. Boston.com 135 Morrissey Blvd., Boston, MA 02125
3. Agreement to Official Rules: Participation in this Contest constitutes entrant's full and unconditional agreement to these Official Rules and Sponsor's decisions, which are final and binding in all matters related to this Contest. Winning a prize is contingent upon fulfilling all requirements set forth herein.
4. Timing: The Contest begins on Monday, October 22, 2012 at 12:30 p.m. Eastern Time and ends on October 29, 2012 at 12:00 p.m. ET (the "Contest Period"). Sponsor's computer is the official time-keeping device for the Contest.
5. How to Enter the Contest: Visit http://www.boston.com and follow the links and instructions to complete and submit an entry. Submit a picture or video of your Halloween decorated home and follow the directions to submit the photo or video. Registration and Photo or Video shall be collectively referred to as your submission ("Submission"). In your Submission you MUST include your photo(s) in JPG format. Include a link to your video or upload it directly to the contest entry form. Consider the following judging criteria when creating your Submission: originality and creativity.
By uploading your Submission, you agree that your Submission conforms to the Photo Guidelines and Content Restrictions as defined below (collectively, the "Guidelines and Restrictions") and that Sponsor, in its sole discretion, may remove your Submission and disqualify you from the Contest if it believes that your Submission fails to conform to the Guidelines and Restrictions.
Limit: Each entrant may upload one (1) Submission. Submissions received from any person or email address in excess of the stated limit will have the first received submission stand as their official entry, all others will be void. Submissions generated by script, macro or other automated means are void. Submitting constitutes entrant's consent to give Sponsor a royalty-free, irrevocable, perpetual, non-exclusive license to use, reproduce, modify, publish, create derivative works from, and display such Submission in whole or in part, on a worldwide basis, and to incorporate it into other works, in any form, media or technology now known or later developed, including but not limited to for promotional or marketing purposes. If requested, entrant will sign any documentation that may be required for Sponsor or its designees to make use of the non-exclusive rights entrant is granting to use the Submission. Released Parties (as defined in Section 12, below) are not responsible for lost, late, stolen, damaged, incomplete, invalid, un-intelligible, garbled, delayed or misdirected Submissions; all of which will be void.
In the event of a dispute as to any Submission, the authorized account holder of the email address used to register will be deemed to be the entrant and must comply with these Official Rules. The "authorized account holder" is the natural person assigned 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 address. Each entrant may be required to show proof of being an authorized account holder.
6. Photo Guidelines:
a. The Photo must be in [.jpg] format;
b. The Photo must not exceed 5 MB in size;
c. The Photo must not include visible trademarks (includes words, logos, designs);
d. The Submission must contain a description;
e. The Submission's description must be in English;
f. The Submission cannot have been submitted previously in a promotion of any kind or exhibited or displayed publicly through any means;
g. The Submission must not include inappropriate words or visuals (e.g., negative language, imagery, and avoid political, religious, anti/pro messages, images, etc.);
h. The Submission must be original content developed and owned by you.
7. Content Restrictions:
a. The Submission must not contain material that violates or infringes another's rights, including but not limited to privacy, publicity or intellectual property rights, or that constitutes copyright infringement;
b. The Submission must not disparage Sponsor, Administrator or any other person or party affiliated with the Contest;
c. The Submission must not contain brand names or trademarks other than those owned by Sponsor, which entrant has a limited license to use to incorporate in his/her Submission in this Contest;
d. The Submission must not contain images or artwork not created by entrant;
e. The Submission must not contain material that is inappropriate, indecent, obscene, hateful, tortuous, defamatory, slanderous or libelous;
f. The Submission must not contain material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age; and
g. The Submission must not contain material that is unlawful, in violation of or contrary to the laws or regulations in any state where Submission is created.
8. Winner Determination: Winner will be determined according to the process set forth below.
A. Judging Phase: During the Judging Phase, a panel of qualified judges determined by Sponsor in its sole discretion will select the winner with the highest-scoring Submission from among all eligible Submissions based on the following criteria ("Judging Criteria"):
Personality (33%); and
Spookiness of the décor and home as conveyed by their photo (33%).
In the event of a tie, the entrant whose Submission received the highest score for Originality, as determined by the qualified judges, in their sole discretion, will be deemed the applicable winner. Sponsor reserves the right to award a prize if, in its sole discretion, it does not receive a sufficient number of eligible and qualified Submissions. 10. Winner Requirements: Potential winners will be notified by email, mail or phone on or around October 29, 2012. Except where prohibited, the potential winners will be required to sign and return a Declaration of Compliance, Liability and Publicity Release, which must be received by Administrator within two (2) days of the date notice or attempted notice is sent, in order to claim his/her prize. If a potential winner cannot be contacted, fails to execute and return the Declaration of Compliance, Liability and Publicity Release within the required time period, does not comply with these Official Rules, or prize is returned as undeliverable, potential winner forfeits the prize. If a potential winner is disqualified for any reason, the prize may be awarded to a runner-up, if any, in Sponsor's sole discretion. Only three (3) alternate winners may be determined, after which the applicable prize will remain un-awarded. Acceptance of any prize shall constitute and signify each winner's agreement and consent that Sponsor and its designees may use the winner's name, city, state, likeness, photo, Submission and/or prize information in connection with the Contest and Sweepstakes for promotional, advertising or other purposes, worldwide, in any and all media now known or hereafter devised, including the Internet, without limitation and without further payment, notification, permission or other consideration, except where prohibited by law. Without limiting the generality of these Official Rules, each winner shall irrevocably grant, transfer, convey and assign to Sponsor the entirety of the rights in and to the Submission and all renewals and extensions of copyright, and the right to secure copyright registrations thereto in perpetuity including, without limitation, the rights to use the Submission for any and all purposes in any and all media whether now known or hereafter developed, on a worldwide basis, in perpetuity. Each winner accepts and acknowledges that Sponsor shall not be obligated to use the Submission and that Sponsor in its sole discretion shall have the right to refrain from using the Submission. Sponsor shall not incur any liability whatsoever to the extent Sponsor chooses to refrain from any exploitation of its rights hereunder. Each winner will indemnify Sponsor, Released Parties (as defined in Section 12 below) and any licensee of Sponsor against all claims, damages, liabilities, and expenses (including reasonable counsel fees and legal expenses) arising out of any breach of these terms.
11. Prize: Enjoy a two-night ski & stay for two at the legendary Omni Mount Washington Hotel in newly renovated Deluxe accommodations with choice of one king or two queen beds. Then hit the slopes of Bretton Woods, NH's largest ski area, for two days of skiing or riding or choose complimentary breakfast each morning. (Fair Market Value = $767.84) Restrictions, Blackout dates, etc: Valid Sun-Thurs during non-holiday periods through 12/19/13. No substitution for ski tickets during off season. Tax and resort amenity fee included. Gratuties not included. Subject to availability. Prizes are non-transferable and no substitution will be made except as provided herein at the Sponsor's sole discretion. Sponsor reserves the right to substitute a prize for one of equal or greater value if the designated prize should become unavailable for any reason. Winner is responsible for all taxes and fees associated with the Prize. Limit: One (1) prize per person.
12. Release: By receipt of any prize, winners agree to release and hold harmless the Sponsor and their respective parent companies, subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and prize suppliers, and each of their respective parent companies and each such company's officers, directors, employees and agents (collectively, the "Released Parties") from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Contest or receipt or use or misuse of any prize.
13. General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Contest, or any part of it, if any fraud, technical failures or any other factor impairs the integrity or proper functioning of the Contest, as determined by Sponsor in its sole discretion. If the Contest is terminated Sponsor may, in its sole discretion, determine the winner of the Contest from among all non-suspect, eligible Submissions received up to time of such action using the judging procedure outlined above. Sponsor, in its sole discretion, reserves the right to disqualify any individual it finds to be tampering with the Submission process or the operation of the Contest or to be acting in violation of the Official Rules of this or any other promotion or in an unsportsmanlike or disruptive manner and void all associated Submissions and votes. Any attempt by any person to deliberately undermine the legitimate operation of the Contest may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages and other remedies (including attorneys' fees) from any such person to the fullest extent permitted by law. Sponsor's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
14. Limitations of Liability: Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrant, printing, typographical or other errors or by any of the equipment or programming associated with or utilized in the Contest; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the Submission or voting process or the Contest; (4) printing, typographical, technical, computer, network or human error which may occur in the administration of the Contest, the uploading, the processing or judging of Submissions or votes or the tabulating of votes, the announcement of the prizes or in any Contest-related materials; (5) late, lost, undeliverable, damaged or stolen Submissions or votes; or (6) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant's participation in the Contest or receipt or use or misuse of any prize (including any travel/activity related thereto). Released Parties are not responsible for misdirected or undeliverable Submissions or for any technical problems, malfunctions of computer systems, servers, providers, hardware/software, lost or unavailable network connections or failed, incomplete, garbled or delayed computer transmission or any combination thereof. Released Parties are not responsible for any unauthorized third party use of any Submission.
15. Governing Law/Jurisdiction: The Contest and these Official Rules are governed by and shall be construed in accordance with the substantive laws of the State of Massachusetts (as distinguished from the choice of law rules) and the United States of America applicable to contracts made and performed entirely in Massachusetts and where the relevant contacts are with such state. Except where prohibited, as a condition of participating in this Contest, each person agrees that any and all disputes, claims and causes of action arising out of or connected with this Contest, the prizes awarded, or the determination of the official winners shall be resolved individually, without resort to any form of class action. Participants further agree that in any cause of action, the Released Parties entire liability will be limited to the cost of entering and participating in the Contest, and in no event shall the Released Parties be liable for attorneys' fees and/or experts' fees and costs. Participants waive the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages and participants further waive all rights to have damages multiplied or increased.
17. REQUEST FOR WINNERS' LIST: For a list of winners (available after 11/7/2012), send a self-addressed, stamped, envelope by 11/30/2012 to: Halloween Décor Contest c/o Boston.com, 135 Morrissey Blvd., Boston, MA 02125.