The Bachelor Bag Contest: Official Rules
PRELIMINARY INFORMATION: No purchase necessary. A purchase will not improve your chances of winning. Void where prohibited. The Bachelor Bag Contest ("Contest") will begin on January 7, 2013 at 4:00pm PT and end on January 11 at 11:00pm PT ("Contest Period"). All times in the Contest refer to Pacific Time ("PT"). Contest is subject to all applicable federal, state and local laws.
ELIGIBILITY: To enter the Contest, you must:
Officers, directors, and employees of Contest Entities (as defined below), members of these persons' immediate families (spouses and/or parents, children, and siblings, and their spouses, regardless of where they reside), and/or persons living in the same households as these persons (whether or not related thereto) are not eligible to enter or win the Contest. Contest Entities, as referenced herein, shall include E! Entertainment Television, LLC ("Sponsor" or "E!"), and its parent, subsidiary, and affiliate companies, and administrative, advertising, and promotion agencies, and any other entity involved in the development, administration, promotion, or implementation of the Contest.
HOW TO ENTER: To enter the Contest, do the following during the Contest Period:
Video must not be longer than thirty (30) seconds in length. If your Video exceeds thirty (30) seconds in length, only the first thirty (30) seconds will be judged.
By Tweeting your Video, you acknowledge agreement to these Official Rules. Video must be original (that is, written and created by you), true and verifiable. If the Video has not been created by you, the person who created the Video must submit it. By submitting the Video, you represent and warrant that the Video is your original creation, has not been copied in whole or in part from any other work, does not violate or infringe any copyright, trademark or other proprietary right of any person or entity (including any rights of privacy or publicity), and is your sole and exclusive property. You must have the permission of any person who appears in the Video. By entering the Contest, entrants grant to each Contest Entity the non-exclusive, royalty-free, and irrevocable rights to use, reproduce, copy, publish, display, distribute, perform, translate, adapt, modify, and otherwise exploit the Video, in whole or in part, and to incorporate the Video in other works in any and all markets and media worldwide in perpetuity, without limitation or compensation to you and without notice, review, or approval of any such use of the Video.
Entrants warrant that they have the sole and exclusive right to grant such rights to Sponsor and that the Sponsor's reproduction, publishing, displaying, and/or other use of the Video will not infringe on any rights of third parties, including, without limitation, copyright, trademark, privacy, or publicity, or create claims for defamation, false light, idea misappropriation, intentional or negligent infliction of emotional distress, or breach of contract. If any Video contains material that is violent, pornographic, obscene, illegal, inappropriate, or racially or morally offensive (as determined by Sponsor in its sole discretion) or if any Video does not comply with these Official Rules or meet Sponsor's standards for any reason (as determined by Sponsor in its sole discretion), such Video may be rejected as ineligible for consideration. Entries must comply with all applicable laws, rules, and regulations. Sponsor shall have no obligation to copy, publish, display, or otherwise exploit the Video.
Sponsor's computer shall be the official timekeeper for all matters related to this Contest. You may enter once during the Contest Period. Once your Video is entered, the Entry is final and may not be modified or edited. Multiple entries received from any person or email address beyond this limit will void the previous entries. Entries generated by a script, macro, or other automated means will be disqualified. Entries that are incomplete, garbled, corrupted, or unintelligible for any reason, including, but not limited to, computer or network malfunction or congestion, are void and will not be accepted. In case of a dispute over the identity of an entrant, the authorized account holder of the email address used to create the Twitter account that posted the Video will be deemed the Contest entrant. "Authorized account holder" is defined as the person who is assigned to an email address by an Internet access provider, online service provider or other organization that is responsible for assigning email addresses for the domain associated with the submitted email address. Entry constitutes permission (except where prohibited by law) to use entrant's name, city, state, likeness, image, and/or voice for purposes of advertising, promotion, and publicity in any and all media now or hereafter known, throughout the world in perpetuity, without additional compensation, notification, permission, or approval.
JUDGING: A panel of qualified judges selected by Sponsor ("Judges") will review the eligible entries received during the Contest Period and select one potential winner ("Winner") based on the following judging criteria ("Judging Criteria"): 50% Creativity and 50% On-Screen Appeal. In the event of a tie, the tied entries will be judged by a new Judge or judging panel using the Judging Criteria above. Decisions of Sponsor and Judges are final and binding with respect to all matters related to the Contest. Winning is subject to verification of eligibility. Sponsor reserves the right to extend the Contest Period if, in its sole discretion, Sponsor does not receive a sufficient number of eligible and qualified entries. Potential Winner will be notified by Twitter. Potential Winner will be required to execute and return an affidavit of eligibility, release of liability, and, except where prohibited, publicity release (collectively, "Contest Documents") before the deadline stated in such notification. Noncompliance within this time period, with these Official Rules or the return of or inability to deliver any prize/prize notification may result in disqualification and, at Sponsor's discretion, and time permitting, an alternate potential Winner may be selected from among all eligible remaining entries based on the Judging Criteria.
PRIZE: Sponsor will award one (1) grand prize ("Prize"), which is a prize bag containing the following items: Aspen Yoga Mat; Aviator Nation Flow Tank; Pair of Bear Paw Boots; 18k Gold Plated CC SKYE Gypset Pedant Necklace; 18k Gold Plated CC SKYE Wild Child Pendant Necklace; 18k Gold Plated CC SKYE Gypset Ring; Cosabelle Dolce Sleepwear; Hair Play SET hair product; Jenni Chan carry-all duffel; LNA Clothing T-shirt; Love Ophelia loungewear; Luv Aj Jewelry; M.A.D. Skincare Eye Defense; Natures Golden Era White Chocolate Dark Spot Eraser; Pair of New Balance 978 country walking shoes; Pair of OluKai "Kui" Sandals; OPT Nail Polish Set; Rip Curl T-shirt; Pair of Siwy Denim Jeans; Solemates High Heeler; Sultra The Bombshell Cone Curling Rod; Susana Monaco dress; Victoria's Secret workout gear; Voda Swim Envy Push Up Swimsuit; Wen Hair Chaz Dean HairCare Set; WeSC Oboe Headphones; and Wildfox Couture T-Shirt.
Estimated Retail Value ("ERV") of the Prize is Two Thousand Nine Hundred Dollars ($2,900).
Sponsor will determine all details of Prize in its sole discretion. Sponsor reserves the right to substitute a similar Prize (or Prize element) of comparable or greater value. All taxes and other expenses, costs, or fees associated with the acceptance and/or use of Prize are the sole responsibility of Winner. Sponsor will furnish an Internal Revenue Service Form 1099 to Winner for the actual retail value ("ARV") of Prize for the tax year in which Prize was won. The difference between the ERV and the ARV will not be awarded. Prize cannot be transferred by Winner or redeemed for cash and is valid only for the items detailed above, with no substitution of Prize by Winner. If Prize is unclaimed within a reasonable time after notification from Sponsor, as determined by Sponsor in its sole discretion, it will be forfeited, and time permitting, an alternate Winner may be selected from the remaining eligible entries at Sponsor's sole discretion. Gift card prizes, if any, are subject to certain terms and conditions as specified by issuer.
Sponsor shall have the right, but not the obligation, to make any deductions and withholdings that Sponsor deems necessary or desirable under applicable federal, state and local tax laws, rules, regulations, codes or ordinances. Prize cannot be transferred or substituted by Winner or redeemed for cash and is valid only for the items detailed above, with no substitution of Prize by Winner. Sponsor reserves the right to substitute a similar Prize (or Prize element) of comparable or greater value.
CONDITIONS: In Sponsor's discretion, potential winner(s) may be required to complete and return paperwork authorizing Sponsor to obtain a background investigation. A potential winner may not be eligible to receive the Prize, unless Sponsor has obtained satisfactory results (as determined by Sponsor in Sponsor's sole discretion) from a background investigation of potential winner.
By entering the Contest, each entrant agrees for entrant and for entrant's heirs, executors, and administrators (a) to release and hold harmless the Contest Entities, Twitter Inc., any provider or manufacturer of a prize or prize element awarded herein, and each of their respective officers, directors, and employees (collectively, "Released Parties") from any liability, illness, injury, death, loss, litigation, or damage that may occur, directly or indirectly, whether caused by negligence or not, from such entrant's participation in the Contest and/or his/her acceptance, possession, use, or misuse of Prize or any portion thereof (including any travel related thereto); (b) to indemnify Released Parties from any and all liability resulting or arising from the Contest and to hereby acknowledge that Released 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 express warranties provided exclusively by Prize supplier that are sent along with the Prize; (c) if selected as a Winner, to the posting of such entrant's name on Sponsor's websites and the use by Released Parties of such name, voice, image, and/or likeness for publicity, promotional, and advertising purposes in any and all media now or hereafter known, throughout the world in perpetuity, without additional compensation, notification, permission, or approval, and, upon request, to the giving of consent, in writing, to such use; and (d) to be bound by these Official Rules and to waive any right to claim any ambiguity or error therein or in the Contest itself, and to be bound by all decisions of the Sponsor, which are binding and final. Failure to comply with these conditions may result in disqualification from the Contest at Sponsor's sole discretion.
ADDITIONAL TERMS: Sponsor reserves the right to permanently disqualify from any promotion any person they believe has intentionally violated these Official Rules. Any attempt to deliberately damage the Contest or the operation thereof is unlawful and subject to legal action by Sponsor, who may seek damages to the fullest extent permitted by law. The failure of Sponsor to comply with any provision of these Official Rules due to an act of God, hurricane, war, fire, riot, earthquake, terrorism, act of public enemies, actions of governmental authorities outside of the control of Sponsor (excepting compliance with applicable codes and regulations), or other "force majeure" event will not be considered a breach of these Official Rules. Released Parties assume no responsibility for any injury or damage to entrants' or to any other person's computer relating to or resulting from entering or downloading materials or software in connection with the Contest. Released Parties are not responsible for telecommunications, network, electronic, technical, or computer failures of any kind; for inaccurate transcription of entry information; for errors in any promotional or marketing materials or in these Official Rules; for any human or electronic error; or for entries that are stolen, misdirected, garbled, delayed, lost, late, damaged, or returned. Sponsor reserves the right to cancel, modify, or suspend the Contest or any element thereof (including, without limitation, these Official Rules) without notice in any manner and for any reason (including, without limitation, in the event of any unanticipated occurrence that is not fully addressed in these Official Rules). In the event of cancellation, modification, or suspension, Sponsor reserves the right to select Winners from among all eligible, non-suspect entries received prior to the time of the event warranting such cancellation, modification, or suspension based on the Judging Criteria above. Notice of such cancellation, modification, or suspension will be posted at www.eonline.com. Sponsor may prohibit any entrant or potential entrant from participating in the Contest, if such entrant or potential entrant shows a disregard for these Official Rules; acts with an intent to annoy, abuse, threaten, or harass any other entrant, Sponsor, or Sponsor's agents or representatives; or behaves in any other disruptive manner (as determined by Sponsor in its sole discretion).
DISPUTES: The Contest is governed by, and will be construed in accordance with, the laws of the State of California, and the forum and venue for any dispute shall be in LOS ANGELES, California. If THE controversy or claim is not otherwise resolved through direct discussions or mediation, it shall THEN be resolved by FINAL AND binding arbitration administered by JUDICIAL ARBITRATION AND MEDIATION SERVICES, INC., in accordance with its Streamlined Arbitration Rules and Procedures or subsequent versions thereof ("JAMS Rules"). The JAMS Rules for selection of an arbitrator shall be followed, except that the arbitrator shall be experienced and licensed to practice law in California. All proceedings brought pursuant to this paragraph will be conducted in the County of LOS ANGELES, CALIFORNIA. THE REMEDY FOR ANY CLAIM SHALL BE LIMITED TO ACTUAL DAMAGES, AND IN NO EVENT SHALL ANY PARTY BE ENTITLED TO RECOVER PUNITIVE, EXEMPLARY, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, INCLUDING ATTORNEY'S FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF.
WINNER ANNOUNCEMENT: For the names of the Winner, available after Winner selection, send a self-addressed, stamped envelope to: E! Entertainment Television, LLC, 5750 Wilshire Blvd., Los Angeles, CA 90036, Attn: Legal Affairs.
Twitter is not responsible for the administration of the Contest and is not involved with the Contest in any way. Do not contact Twitter for any information about this Contest.