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Official Rules
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN.
A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING.
Participation constitutes entrant's full and unconditional agreement to and acceptance of these Official Rules. The “Oh, Snap!: It’s the PNY Prom Photo” Contest ("Contest") will begin at 12:00 AM Eastern Time (ET) on May 18, 2009 ("Contest Start Date"), and end at 11:59pm ET on July 15, 2009 ("Contest Period"). Contest is sponsored by PNY Technologies, Inc., 299 Webro Road, Parsippany, New Jersey 07054 ("Sponsor") who is solely responsible for all aspects of this Contest.
Eligibility: The Contest is intended for viewing and participation in the 50 United States and the District of Columbia (“U.S.”) only and shall only be construed and evaluated according to U.S. law. Do not enter the Contest if you are not (i) a legal U.S. resident located in the U.S., and (ii) a high school senior as of May 18, 2009 (iii) and attend the prom. Employees, officers and directors of Sponsor, its parent company, franchisees, affiliates, subsidiaries, agents and advertising and promotion agencies (“Released Parties”), as well as the immediate family members (parents, children, siblings, spouses) and/or persons living in the same household (whether related or not) of each are not eligible to participate in the Contest. All federal, state and local laws and regulations apply. Void in Puerto Rico, the U.S. Virgin Islands, U.S. Military installations in foreign countries, and where prohibited, taxed or restricted by law.
How to Enter: Participants can enter the Contest by submitting a “Prom photo displaying their flashiest or coolest outfit” (the “Theme”) and completing the Contest registration form at www.pny.com/ohsnap. For those participants that have not reached the age of majority in their respective state as of the May 18, 2009, the release form must be downloaded and completed (including a parent or guardian signature), and then subsequently uploaded. Photos must conform to the formats specified and accepted by the Sponsor site as a jpg format. To complete the Contest registration form, the participant needs to provide first name, last name, address, city, state, zip code, phone number, and email address. The entrant is responsible for all costs associated with the uploading the action photo. Limit one (1) entry per person per e-mail and/or mailing address. In the event that more than one of exactly the same photo is submitted, only the first submission received shall be accepted. All entries must be received by 11:59pm ET on July 15, 2009. Incomplete entries, or those containing incorrect information, will be voided. Proof of sending or submission will not be deemed to be proof of receipt by Sponsor. Sponsor reserves the right to disqualify any person or e-mail address that submits more than maximum allowed entries. By participating in this Contest, entrants agree to be bound by these Official Rules and the decisions of the Sponsor which are final and binding in all matters relating to the Contest. By entering this Promotion, entrants agree that each photo entry becomes the property of Sponsor and that the Sponsor may use such photo for any proper purpose. Any personally identifiable information collected during an entrant's participation in this Promotion will be collected by Sponsor and used by Sponsor, Administrator, their respective affiliates, agents and marketers for purposes of the proper administration and fulfillment of the Promotion as described in these Official Rules. Sponsor’s published privacy policy does NOT apply to use by the company of any photo that an Entrant submits to the Promotion or to any information submitted in connection with such photo.
Each Entry must be the original work of the Entrant, may not have been previously published, may not have won previous awards, and must not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity and must have been created in a legal and safe manner. If the photo contains any material or elements that are not owned by the Entrant and/or are subject to the rights of third parties, the Entrant is responsible for obtaining, prior to submission of the photo, any and all releases and consents necessary to permit the use and exhibition of the photo by Sponsor in the manner set forth in these Official Rules, including, without limitation, name and likeness releases for any person who appears in or is identifiable in the photo (collectively, the “Clearances”). By submitting a photo, Entrant warrants and represents that he or she consents to the submission and use of the photo in the Contest, and to its posting on the Internet in connection with the Contest.
Entries may not contain any of the following: i) Materials which include or constitute trademarks, trade names or copyrighted works created or owned by any person or entity other than Entrant or for which the Entrant has not obtained owner’s permission to use; ii) Materials which contain identifiable commercial product brands; iii) Materials which contain clothing items bearing designer insignia, logos, profanities, or bearing the name or likeness of any celebrity, living or dead; iv) Materials which contain visible phone numbers, website links, street addresses, e-mail addresses or license plate numbers; v) Materials which contain behavior inappropriate for a general audience; vi) Materials which contain nudity or any depiction of real or simulated sexual acts; vii) Materials which contain extensive or gratuitous violence; viii) Materials which violate anyone’s privacy rights, violate any confidentiality or employment agreement, or which are defamatory; ix) Materials which are derogatory to Sponsor, or any affiliated entity or person; x) Materials which are discriminatory based on race, religion, national origin, physical disability, age, sex, or sexual orientation or preference; xi) Materials in which any person identifiably appears where no appropriate written release has been obtained from such person granting all rights required herein; xii) Materials which do not comport with the Entry requirements. Entries which do not conform to these guidelines will be disqualified. Sponsor further reserves the right, in its sole and unfettered discretion, to verify at any time during the Contest that all necessary Clearances have been obtained and to disqualify and remove any photo if it believes that the necessary Clearances have not been obtained.
Photo Entries not meeting all of the following minimum requirements will be disqualified:
- Each Photo must pertain to the theme - “Prom photo displaying their flashiest or coolest outfit”
- Each Photo entry must include: entrant’s full name, street address, city, state, zip code, phone number, e-mail address.
- Each Photo must be in jpg format.
- Each Photo must not, in the sole and unfettered judgment of the Sponsor, contain any sexually explicit, disparaging, libelous or other inappropriate content or nudity.
Winner Determination: Each Photo entry will be judged based on the clear relationship between the Photo and the following criteria: Appropriateness to Theme (30%), Originality (25%), Innovation (20%), and Creativity (25%). Each Photo entry will be reviewed by a qualified judge or panel of judges. The Grand Prize winner will be selected based on the judges scoring according to the aforementioned criteria. All decisions of the Sponsor are final and binding.
Photo Rights and Requirements: By submitting an entry, entrant warrants that the Photo (1) does not infringe any copyright, (2) does not invade anyone’s privacy, (3) does not libel or slander anyone, 4) does not contain behavior inappropriate for a general audience, and (5) is original and has not previously been published. An original is the product of one's own mind and is not a copy or imitation.
By submitting a Photo, Contestant irrevocably assigns, conveys and otherwise transfers to Sponsor, its successors, and assigns any and all right, title, and interest in perpetuity throughout the world in and to the Contestant’s Photo, including, without limitation, any and all copyrights, trademarks, contract and licensing rights, moral rights or “droit moral,” and other intellectual property and proprietary rights in the Photo, and the exclusive right to edit, change, revise, reproduce, display, perform, publish, distribute, license, sublicense, and sell the Photo in whole or in part, and to prepare, use, and exploit derivative works or improvements thereof, in all forms and media now or hereafter known, including material in digital and electronic media, computer, audio and audiovisual versions, and translations and adaptations, all in any language throughout the world and in Sponsor’s sole discretion in perpetuity. Without limiting the foregoing, entrant hereby waives and releases Sponsor, from any and all claims that entrant may now or hereafter have in any jurisdiction based on such “moral rights” or “droit moral” or unfair competition with respect to Sponsor’s exploitation of the Photo without further compensation to Contestant of any kind. Entrant agrees that email shall satisfy any writing requirement that may apply to the assignment, conveyance, transfer, license, or waiver of any of the aforementioned rights. Entrant shall execute and deliver such documents, at Sponsor’s expense, as requested by Sponsor or as may be necessary to vest in Sponsor the rights and waivers provided herein. Entrant agrees not to instigate, support, maintain, or authorize any action, claim, or lawsuit against Sponsor or its affiliates, or any other person, on the grounds that any use of the Photo, or any derivative works, infringe or violate any of entrant’s rights therein. Entrant grants the Sponsor and its agents the right to associate the Photo with entrant’s name, image, likeness, hometown, and biographical information, without limitation and without compensation. Entrants shall not receive any compensation or credit for Sponsor’s use of entries, other than that disclosed in these Official Rules.
Internet Limitations of Liability: If for any reason, this Contest is not capable of running as planned due to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of the Sponsor which corrupts or affects the administration, security, fairness, integrity or proper conduct of the Contest, the Sponsor reserves the right, at its sole discretion, to disqualify any individual who tampers with the entry process (if applicable), and to cancel, terminate, modify or suspend the Contest in whole or in part, at any time, without notice and award the prize using all non-suspect eligible entries received as of the termination/suspension date. Sponsor assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries. The Sponsor also is not responsible for any problems or technical malfunction of any telephone network or telephone lines, computer on-line systems, servers, or providers, computer equipment, software, failure or delay of any email or entry to be received by Sponsor on account of technical problems, human error or traffic congestion on the Internet or at any website, or any combination thereof.
Sponsor is not responsible for any damage to an entrant’s system which is occasioned by participating in this Contest or by downloading any information necessary to participate in the promotion. Sponsor also is not responsible for 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 processing of the entries in the Contest. Any dispute or claim arising out of the play of this Contest, or any disputes with site users which arise as a result of the use of this website, shall be governed by the laws of the State of New Jersey, without respect to conflicts of laws principles. Any such claim shall be brought and maintained in the federal or state courts of the State of New Jersey. If any provisions of the Official Rules are determined by a court of competent jurisdiction to be invalid or unenforceable, such determination shall not affect the validity or enforceability of any other provision. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. In the event of a dispute regarding the identity of an individual who actually submitted an online entry, the entry will be deemed submitted by the authorized account holder of the email account. "Authorized account holder" is defined as the natural person who is assigned to an email account by an Internet access provider, online service provider or other organization (e.g., business, educational, institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address.
Prize: There will be one (1) Grand Prize winner. The Grand Prize winner will receive: a) $2000 Scholarship Award to the school they will attend (to be paid directly to the College or University by the Sponsor), and b) PNY Flash Memory Product assortment. The Approximate Retail Value of the prizing is $2,250. The prize is not exchangeable, transferable, or redeemable for cash. There are no substitutions unless specified by the Sponsor. The Sponsor reserves the right at its sole discretion to substitute any prize package with another prize of equal or greater value.
Winner Notification: The Grand Prize winner will be determined based on the aforementioned criteria, from among all eligible entries received, and will be notified on or about July 22, 2009. The Grand Prize winner will be contacted by phone and/or mail. Odds of winning will depend on the total number of eligible entries received by either entry method.
Prize Conditions: The Grand Prize winner is solely responsible for all applicable federal, state, and local taxes associated with the receipt of any prize. The Grand Prize winner will be required to sign an Affidavit of Eligibility and Liability/Publicity Release, and return it within 7 days of written notification. If the winner is considered a minor in his/her state of residence, then a parent or legal guardian must sign the Affidavit of Eligibility and Liability/Publicity Release. If a prize or prize notification is returned as unclaimed or undeliverable to a potential winner, if potential winner cannot be reached within three (3) calendar days from the first notification attempt, or if potential winner fails to return requisite document within the specified time period, or if a potential winner is not in compliance with these Official Rules, then such person shall be disqualified and, at Sponsor’s sole discretion, an alternate winner may be selected for the prize at issue. The winner’s entry into the Contest constitutes permission (except where prohibited) for the Sponsor to use said winner’s name, photograph, likeness, statements, biographical information, voice and address (city and state), in all forms of media, in perpetuity, without notice or further compensation.
Terms & Conditions: This Contest is subject to all applicable federal, state, and local laws. By entering the Contest, entrants agree to release Sponsor and its parent company, subsidiaries, affiliates, retailers, distributors and advertising and promotion agencies, and its and each of their respective directors, officers, employees, shareholders and agents from any and all liability, loss, damage or injuries to any person (including death) or property of any kind sustained in connection with their participation in the Contest or from their acceptance, receipt, possession and/or use or misuse of the prize, or while preparing for, participating in, and/or traveling to and from any prize-related activity, or for any typographical or other error in the printing, offering or announcement of the prize. Entrants further acknowledge that said parties have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee express or implied, in fact or in law, relative to the prize, including, but not limited to, its quality or fitness for a particular purpose. Any person attempting to defraud or in any way tamper with the Contest mechanics and/or implementation will be prosecuted to the fullest extent of the law. By participating, entrants agree to waive any right to claim ambiguity in the Contest or these Official Rules. Sponsor reserves the right to disqualify any entrant that Sponsor determines, in its sole discretion, violates these Official Rules. This Contest is void where prohibited.
Winners List: To request a copy of the list of winners, please send a self-addressed, stamped business size envelope, by September 7, 2009, to: ASC/“Oh, Snap!: It’s the PNY Prom Photo” Contest Winner List, 300 State Street, Suite 402, Rochester, NY 14614. VT and WA residents may omit return postage.
Sponsor: PNY Technologies, Inc., 299 Webro Road, Parsippany, New Jersey 07054
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