1. NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING.
Create and design the “2016-2017 Best Yearbook” to win great prizes from YearbookLife! The YearbookLife 2016-2017 Best Yearbook Contest (the “Contest”) is open only to YearbookLife’s current customers. Employees (and their immediate families and household members, whether or not related) of YearbookLife and its respective subsidiaries, affiliates, advertising or promotion agencies (collectively, the “Sponsors”) are not eligible to enter or win this Contest. Void where prohibited. Contest is subject to all applicable federal, state, provincial and local laws. By entering the Contest, entrants agree to accept and be bound by all terms of these Official Rules and Regulations (“Official Rules”).
2. HOW TO ENTER: From March 1, 2016, through midnight (EST) May 31, 2017 (the “Promotional Period”), YearbookLife will conduct a 2016-2017 best yearbook contest. All Spring delivery yearbooks delivered between March 1, 2016 and May 31, 2017 will be eligible to win.
Entries must be the entrants’ original work and Sponsors have the right and license to use or reproduce any part of an entry in any manner or media in perpetuity without further or additional compensation. Multiple entries from any person(s) will be allowed, however an entrant may only win one prize in this Contest. Sponsors are not responsible for misdirected, inaccurate, incomplete, lost, late, delayed, undelivered, or illegible entries, and all such entries will be void. Sponsors are also not responsible for technical, hardware, third-party website, or software failures of any kind, or other errors or problems which may occur in connection with or relating to the Contest, whether computer, network, technical, mechanical, typographical, printing, human or otherwise, including, without limitation, errors or problems which may occur in connection with the administration of the Contest, the processing or judging of entries, the announcement of the prizes, in any Contest-related materials or that may limit prize fulfillment or a participant’s ability to enter the Contest. Sponsors reserve the right, in their sole discretion, to cancel, modify or prematurely conclude the Contest should any computer virus, malfunction, fraud, tampering, unauthorized intervention or other cause beyond their control corrupt the administration, security or proper operation of the Contest. If the Contest is cancelled, Sponsors may, in their sole discretion, judge all eligible entries received up to time of such action using the judging procedures outlined below to determine the Winners.
False or deceptive entries or acts will render the entrant ineligible, and Sponsors reserve the right to disqualify any entrant (and void his/her entry) who attempts to undermine the legitimate operation of the Contest by tampering with any Website mechanism, acts in a disruptive manner or violates these Official Rules. Any attempt by an individual to deliberately damage or undermine the legitimate operation of the Contest may be in violation of criminal and civil laws. Should such an attempt be made, Sponsors reserve the right to seek remedies and damages (including attorneys’ fees) from any such person(s) to the fullest extent of the law, including criminal prosecution. YearbookLife reserves the right to remove any submissions that it reasonably deems inappropriate, obscene, distasteful or, in YearbookLife’s sole judgment do not meet the Contest guidelines.
3. JUDGING: At the close of the contest, midnight ET on May 31, 2017, the judges will review all submissions and determine the winners. The entry that best meets the four criteria of the contest including: (1) Overall Originality, (2) Yearbook Creativity, (3) Yearbook Theme Consistency, (4) Yearbook Image Quality, and is judged to be the most creative will be the Grand Prize winner. In the event of a tie, YearbookLife’s judges, in their sole discretion, will determine the winner. Entries must:
a. Not, in YearbookLife’s sole discretion, contain obscene, pornographic, distasteful…etc… materials;
b. Be entrant’s original work which does not copy, duplicate, plagiarize or violate any rights of any third party including copyright rights; and
YearbookLife reserves the right to reject entries deemed offensive, in poor taste, or which to not satisfactorily comply with the rules of the Contest. The decisions of the Sponsors and judges will be final and binding on all matters.
4. WINNER NOTIFICATION: Winners will be notified via email and announced on YearbookLife’s Facebook page by June 2017. Potential Winners must meet all eligibility requirements, including the execution and return of all necessary model releases and affidavits including, without limitation, the Winner’s Affidavit in the form attached hereto as Exhibit A. Potential Winners (and/or their parents or legal guardians if such entrants are minors) must execute and return the completed Winner’s Affidavit within 10 days of notification of selection by YearbookLife. The Winner’s Affidavit shall require the Potential Winner and/or parent or guardian to provide proof of identity, address and birth date, as well as execute and return a tax acknowledgment form, liability release and, except where prohibited by law, publicity release in order to claim the prize. If any potential Winner fails to do so or if: (i) any prize notification is returned as undeliverable, (ii) a potential Winner declines his or her prize, or (iii) a potential Winner is determined to be ineligible for any reason, such potential Winner will be disqualified and, at Sponsors’ sole discretion, an alternate winner will be selected and notified.
Middle School / High Schools:
Schools that are multi-level grades will be categorized in the highest grade level at the school. Prizes are awarded by check made payable to the school or organization directly.
Sponsors reserve the right to substitute a prize of comparable or greater value in the event a described prize or any portion thereof, is unavailable for any reason whatsoever. Winners and/or their parents or legal guardians are responsible for the reporting and payment of all federal, state and local taxes incurred by acceptance and use of the prize (or any portion thereof).
6. GENERAL RULES AND REGULATIONS: By entering this Contest, entrants (and/or their parent or legal guardian): (i) agree to be bound by the decisions of Sponsors and judges which are final and binding in all matters; (ii) grant Sponsors and their designees the right, unless prohibited by law, to use their names, cities and states of residence, voices, pictures and likenesses, without compensation, notification or permission, for the purpose of advertising and publicity in any and all media, now or after known, throughout the world in perpetuity; and (iii) acknowledge and agree that YearbookLife will have the right and license to use all entries submitted and may exploit, edit, modify, and distribute the entries and all elements of such entries, including, without limitation, the names and likenesses of any persons or locations embodied therein, in any and all media, now or hereafter known throughout the world in perpetuity without limitation at no additional notification or permission of entrants, their parents or legal guardians or any third party. In addition, entrants (or their parents or legal guardians if such entrant is a minor) forever waive and relinquish all so-called “moral rights (“droit moral”) now or hereafter recognized. Sponsors expressly disclaim any responsibility, and entrants (or their parents or legal guardians if such entrant is a minor) agree to release, indemnify and hold Sponsors and its subsidiaries, affiliates and related companies harmless for liability, damages or claims for injury or loss to any person or property (including death) relating to, in whole or in part, directly or indirectly, participation in this Contest, the acceptance and/or subsequent use or misuse of any of the prizes awarded claims based on publicity rights, defamation or invasion of privacy. Sponsors are not responsible for any injury or damage to persons or property which may be caused directly or indirectly, in whole or in part, from this Contest. Sponsors further assume no liability either for the cancellation, modification or premature conclusion of the Contest for any reason or through the acts or defaults of any company or person providing any prize. All such losses or expenses must be borne by the affected participants, entrants and/or Winners.
7. OFFICIAL RULES AND WINNERS’ NAMES REQUESTS: For a copy of these Official Rules, log onto www.YearbookLife.com. A list of all prize winners will be posted online on YearbookLife’s Facebook Page at http://www.Facebook.com/YearbookLife by June 2017.
9. DISPUTES: Each entrant agrees that: (1) any and all disputes, claims, and causes of action arising out of or in connection with this Contest, or any prizes awarded, shall be resolved individually, without resorting to any form of class action, and any judicial proceeding shall take place in a federal or state court within the State of Florida; (2) any and all 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 attorneys’ fees; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant 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. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant and Sponsors in connection with the Contest, shall be governed by, and construed in accordance with the laws of the State of Florida, without giving effect to any choice of law or conflict of law, rules or provisions (whether of the State of Florida or any other jurisdiction), that would cause the application of the laws of any jurisdiction other than the State of Florida.
10. SPONSOR: This Contest is sponsored by YearbookLife, 9710 Stirling Road, Suite 102, Cooper City, FL 33024. Sponsor reserves the right to cancel the Contest at any time and substitute another promotion in its place. Minimum of 50 entries required for Grand Prize to be awarded.
WINNER’S AFFIDAVIT OF ELIGIBILITY &
State of ___________________
County of _________________
I, ___________________________, being duly sworn, state that as of the date of this Affidavit, I am ________ years of age and that my Social Security Number is _________________ (SSN is required for IRS 1099 reporting purposes if the approximate retail value is equal to or greater than $600.00 USD and in such event winner must complete IRS Form W-9. SSN and IRS Form W-9 are not required for Canadian residents.). I currently reside at _______________________ (the prize will be delivered to this address) and my telephone number is (___) _____________.
I am submitting this Affidavit with the understanding that it will be relied upon to determine my eligibility in the YEARBOOK LIFE BEST YEARBOOK CONTEST (the “Promotion”) sponsored by YearbookLife (the “Sponsor”).
I affirm and represent that I have complied with all the rules and regulation of the Promotion and that I have committed no fraud or deception in entering the Promotion or in claiming any prize. I further represent that I am not an employee of the Sponsor or of any other entity stated in the Official Rules whose employees are not eligible to enter the Promotion or a member of the immediate families (spouse, parents, siblings and children) of any such employee or living in the same household of any such employee/employee’s immediate family.
I hereby give my consent to the Sponsor and those acting pursuant to its authority for the use of my name, photograph, voice and/or likeness and prize information in any and all advertising, trade and promotional purposes without further compensation in all media now known or hereafter discovered worldwide and on the Internet and/or World Wide Web without notice or review or approval.
I understand and acknowledge and hereby, for myself, my heirs, executors and administrators, do waive and release any and all rights, claims and causes of action whatsoever I may have against YearbookLife, its affiliates, parents, subsidiaries, advertising and promotion agencies, and its respective officers, directors, employees, representatives and agents for, and shall hold the same harmless against, any liability, for any injuries, losses or damages of any kind, to persons or property resulting in whole or in part, directly or indirectly, from my acceptance, possession, misuse or use of the prize or participation in this Promotion or in any related activity.
I agree to return immediately upon demand to the Sponsor any prize or the value of said prize which has been or may be awarded to me if any statement made by me in this affidavit is false.
I (and/or my parents or legal guardian) am responsible for the reporting and payment of all federal, state and local taxes that may be incurred by acceptance and use of the prize (or any portion thereof).
Sworn to before me this
___day of __________, 20__.
If Winner is Under 18 Years of Age:
I represent and warrant that I am the parent or legal guardian of the above-named individual and that I accept the same legal obligations and agree to the all of the terms and conditions contained in this Winner’s Affidavit of Eligibility and Liability/Publicity Release and YearbookLife Contest Official Rules and Regulations. I, for myself and the minor, and anyone entitled to act on mine or the minor’s behalf, hereby release, hold harmless and forever discharge Sponsors and the officers, directors, agents or employees of each from and against any and all liability, damages or claims for injury or loss to any person or property (including death) arising from or relating to, in whole or in part, directly or indirectly, participation in the Promotion.
Signature of Parent or Legal Guardian
Sworn to before me this
___day of __________, 20__.
MODEL CONSENT AND RELEASE
THIS MODEL CONSENT AND RELEASE PERTAINS TO IMAGES FROM FILM, VIDEO
AND/OR PHOTOGRAPHS TAKEN AT ______________________ ON ____________, 20___
AND ANY MATERIAL BASED UPON OR DERIVED THEREFROM (COLLECTIVELY, THE “IMAGES”).
For good and valuable consideration received, the receipt and sufficiency of which is hereby acknowledged, I agree as follows:
1. I hereby grant to ___________ (ENTRANT) for purposes of ENTRANT entering the
YearbookLife Video Contest (the “Contest”) the absolute right and permission to upload, use, re-use, publish, broadcast and/or copyright the Images, in whole or in part, individually or in conjunction with any other images, in any medium or form including web-based media such as posters, banner ads, email ads and other forms of media, for any purpose whatsoever including those related to the sale, publication, display or exhibition thereof in education, promotion, advertising and any other trade or commercial purpose.
2. I agree that the Images shall be the sole property of ENTRANT, with full right of disposition thereof in any manner whatsoever, in ENTRANT’s sole discretion. If I should receive any version or copy of the Images, I shall not authorize its use to any third party.
3. I agree that neither ENTRANT nor YearbookLife shall be liable for any distortion, alteration, optical illusion or use in composite form that may occur or result from ENTRANT’S or YearbookLife’s use of the Images. I further agree that YearbookLife shall not be liable for the use, misuse, misappropriation or unauthorized use of the Images by any third party. I shall have no right of approval and no claim (including without limitation claims based upon invasion of privacy, defamation or right of publicity) arising out of YearbookLife’s use, alteration, distortion or illusionary effect or use in any composite form of the Images.
4. I represent to YearbookLife that this release does not in any way conflict with any existing commitment or obligation to which I am currently bound.
5. I acknowledge that I am not entitled to receive any subsequent or additional compensation from YearbookLife’s pursuant to this release.
AGREED AND ACCEPTED BY:
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