Bill Me Later Win a Cave Man Contest Official Rules
NO PURCHASE REQUIRED TO ENTER OR WIN
Eligibility:
This Bill Me Later Win a Man Cave Contest ("Contest") is open only to individuals who (a) are legal residents of the fifty (50) United States and the District of Columbia, and (b) are twenty one (21) years of age or older at the time of entry. Employees of Bill Me Later and any of its affiliate companies, subsidiaries, agents, distributors/wholesalers, retailers, advertising and promotional agencies, and prize providers, as well as the spouse, parents, siblings and children and household members of each such employee, are not eligible. The Win a Man Cave Contest is subject to all federal, state, province, and local laws and regulations and is void where prohibited by law.
Sponsor:
The Win a Man Cave Contest is sponsored by Bill Me Later, Inc. ("Bill Me Later"), 9690 Deereco Road, Timonium, Maryland 21093.
Agreement to Official Rules:
Your participation in the Win a Man Cave Contest constitutes your full and unconditional agreement to and acceptance of these Official Rules and the decisions of Bill Me Later, which are final and binding. Winning a prize is contingent upon fulfilling all requirements set forth herein in a timely manner or as otherwise provided or directed.
Entry Period:
The entry period for the Grand Prize begins on September 29, 2008 at 3:01 p.m. ET and ends on November 19, 2008 at 11:59 p.m. ET (the "Entry Period"). The entry period for Weekly Prizes begins on 12:01 a.m. ET Monday and ends on 11:59 p.m. ET Sunday of each week of the Entry Period beginning September 29, 2008 ("Weekly Entry Period"). Weekly winners will be selected by Bill Me Later and posted by the Monday following the end of each Weekly Entry Period for public review and comment during the following week. Bill Me Later may modify the Entry Period or the Weekly Entry Period in its sole discretion.
How to Enter:
Visit
www.IWantMyManCave.com
(the "Contest Site") during the Entry Period and complete the online entry form. After you have completed the entry form, confirmed eligibility, selected prizes, and agreed to the Official Rules, you must submit a narrative, and may include an optional photo and video content, that describes why you should win a Man Cave. Online entry into the Win a Man Cave Contest must be completed in a single, continuous session during the Entry Period. To qualify, your entry and related materials must:
5.1. Include a narrative of up to 100 words describing why you should win a Man Cave.
5.2. Be truthful (puffery, exaggeration and creativity are allowed, but don't try to pass off fiction for fact).
5.3. Be originally created by you.
5.4. Not include any other identifiable people or material in which a third party has intellectual property rights in any form or of any kind.
5.5. Not, in the sole discretion of Bill Me Later, be obscene, indecent, offensive, violent, hateful, or libelous or contain any other content otherwise prohibited by law or inconsistent with the purposes of the Win a Man Cave Contest as described in these Official Rules and related materials.
5.6. Not have been previously published, made publicly available in any manner whatsoever, or submitted in connection with any other contest or promotion.
There is a limit of one entry per person, household, or email address per day. You are solely responsible for the equipment and Internet access required to enter or participate in the Win a Man Cave Contest. No entries will be accepted by U.S. Mail or in person. Bill Me Later reserves the right to, in its sole discretion, restrict participation in the Win a Man Cave Contest to any person at any time for any reason and/or to disqualify any entry at any time for any reason, including, without limitation due to the substance of the content submitted. Any attempted entry by any means except as permitted in these Official Rules is void. Bill Me Later is not responsible for lost, late, incomplete, stolen, misdirected, undelivered, delayed, inaccurate, garbled or illegible entries or materials; any computer, telephone, cable, network, satellite, electronic or internet hardware or software malfunctions, failures, connections or availability; garbled or jumbled transmissions; service provider/internet/website/usenet accessibility or availability; traffic congestion; unauthorized human intervention; or inaccurate capture of any information or the failure to capture any information. Additionally, Bill Me Later is not liable for any cheating or illegal activity conducted by any other participant.
Judging:
6.1. Weekly Prizes. During a one week period, Visitors to the Contest Site will be invited to comment on and rate selected submitted entries from the prior Weekly Entry Period. At the end of each such week, Bill Me Later will select a winner at their sole discretion, taking into account the average rating, number of ratings, and quality of comments, subject to verification as provided below. There is a limit of one weekly prize per entrant or household during the Entry Period. Weekly prize winners will be eligible to win the Grand Prize.
6.2. Grand Prize. Between November 20 and December 2, all eligible entries received during the Entry Period (including entries that have been selected as Weekly Prize winners) will be evaluated by a judging panel set by Bill Me Later. Each entry will be judged in part based on the originality, uniqueness, and creativity of the story and any supporting photograph(s) and/or videos. Based on the results of this evaluation, a Grand Prize winner will be selected by Bill Me Later.
6.3. Fan Favorite. Between November 20 and December 2, all eligible entries received during the Entry Period (including entries that have been selected as Weekly Prize winners) will be eligible to be recognized as the "Fan Favorite". The "Fan Favorite" Prize will go to the entry with the highest rating overall by November 19.
6.4. All Entries. By participating in the Win a Man Cave Contest, you agree that Bill Me Later and its subsidiaries and affiliates and each of their representatives, employees, agents and contractors as well as members of the general public have the right to, publicly and privately, (a) use, review, assess, critique, evaluate, score, verify and judge your entry in any manner they elect, and (b) control or restrict visitor qualification and the frequency, manner, and content of comments. You also agree that your entry shall be a "work made for hire," with all rights therein, including, without limitation, the exclusive copyright, being the property of Bill Me Later. In the event your entry is considered not to be a "work made for hire," you irrevocably assign to Bill Me Later all right, title, and interest in your entry (including, without limitation, the copyright) in any and all media whether now known or hereafter devised, in perpetuity, anywhere in the world, with the right to make any and all uses thereof, including, without limitation, for purposes of advertising or trade. Bill Me Later's decisions are final and binding in all matters relating to the Win a Man Cave Contest, including but not limited to entry eligibility and winner selection. If a potential winner cannot be reasonably notified, verified or confirmed after three (3) attempts (and further attempts at Bill Me Later's sole discretion), the prize is declined, or a potential winner is not eligible for award of a prize for any reason, an alternate potential winner will be chosen in accordance with these Official Rules.
Requirements of the Potential Winner:
Except where prohibited, potential winner will be required to complete and return an affidavit of eligibility (declaration of compliance with these Official Rules), a Form W-9 (for tax reporting purposes), and a comprehensive liability waiver and publicity release within fourteen (14) days of the date of notification. Potential winner may also be required to complete additional liability waivers required by third party service providers. Such liability waivers and these Official Rules will prevent you and your successors from bringing a lawsuit or other action against any released party, including without limitation Bill Me Later and its subsidiaries, affiliates, and third party service providers, and will prevent you from recovering money damages or other legal relief from any released party.
Prizes:
8.1. One (1) Grand Prize: As part of the entry process you will select your prize package: (1) one prize from the Jurassic category, (1) one prize from the Iron Age category, (2) two prizes from the Stone Age category, and two (2) prizes from the Bronze Age category. The Grand Prize winner, subject to the prize conditions and limitations below, will receive those prizes selected by the winner during the entry process. Maximum retail value: $15,000 U.S.
8.2. One (1) "Fan Favorite" Prize. The entrant that is determined to be the "Fan Favorite" will win a merchandise package selected by Bill Me Later. Maximum Retail Value: $2,500 U.S.
8.3. Ten (10) Weekly Prizes: Weekly winner will receive two (2) FatheadĀ® posters of his/her choice.. Maximum retail value: $500 U.S.
8.4. Prize Conditions and Limitations. Except as otherwise expressly provided in these Official Rules, the category(ies), style(s), and color(s) of the products included in the Grand Prize and Weekly Prize, and the timing of the delivery of such products, will be determined finalized determined by Bill Me Later in its sole discretion. All expenses and costs not expressly listed in the prize descriptions above are the sole responsibility of the winners. Prizes are nontransferable until awarded and non-refundable and must be accepted as awarded. No cash or other substitution may be made, except by Bill Me Later, who reserves the right to substitute a prize with another prize of equal or greater value if the prize is not available for any reason as determined by Bill Me Later in its sole discretion. Winners are responsible for payment of all applicable taxes associated with receipt of a prize.
General Conditions:
Bill Me Later reserves the right to cancel, suspend, and/or modify the Win a Man Cave Contest if any fraud, virus or other technical problem corrupts the administration, security, or proper play of the Win a Man Cave Contest, as determined by Bill Me Later in its sole discretion. In such event, Bill Me Later reserves the right to select a winner from among the eligible entries received up to the time of the impairment or Bill Me Later's identification of the impairment. Entries generated by script, macro, robotic, programmed, or any other automated means will be disqualified. Entrants assume all risk of lost, late, misdirected, incomplete, or illegible entries. Bill Me Later reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Win a Man Cave Contest or to be acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner. Any attempt by any person to undermine the legitimate operation of the Win a Man Cave Contest may be a violation of criminal and civil law, and, should such an attempt be made, Bill Me Later reserves the right to seek damages from any such person to the fullest extent permitted by law. Bill Me Later's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. In the event of a dispute as to any online entry, the authorized account holder of the e-mail address used to enter will be deemed to be the entrant. 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. All activity arising out of and relating to the Win a Man Cave Contest is subject to verification and/or auditing for compliance with the Official Rules, and you agree to cooperate with Bill Me Later concerning verification and/or auditing. All references to an entrant's status as a "winner" are subject to Bill Me Later verification and/or auditing, in its sole discretion. If verification activity or an audit evidences non-compliance of an entry or entrant with the Official Rules, Bill Me Later reserves the right to disqualify the entrant and remove the entry from the Win a Man Cave Contest at any time.
Publicity:
Except where prohibited, by participating in the Win a Man Cave Contest and regardless of whether you are the winner, you grant Bill Me Later and its subsidiaries, affiliates, and licensees an exclusive, irrevocable license to use, alter, adapt, publish, distribute, copy, exhibit, display, market, promote, advertise, publicize and otherwise exploit your entry, including your name, signature, photographs, likeness, written, video and photo and other entry materials, as well as additional photographs, video footage or other images that Bill Me Later may take of you if you are a winner, in whole or in part, in any manner and for whatever purpose Bill Me Later shall individually elect, in any and all languages, and in any and all media now known or hereinafter developed, including but not limited to, website, television, radio and/or printed materials, worldwide in perpetuity, without further compensation, notification or permission. You shall not claim or be entitled to receive any compensation or credit for such use.
Privacy:
All personal information submitted by you as part of this Win a Man Cave Contest will be treated in accordance with the Win a Man Cave Privacy Statement, accessible from www.IwanyMyManCave.com, and may also be shared with the Win a Man Cave Contest prize providers. By participating in the Win a Man Cave Contest, you acknowledge and agree that all information and material, including any personal information provided in your entry materials, affidavits and releases, will be shared with Bill Me Later's agents, representatives, and other third parties involved in the execution, administration, and hosting of the Win a Man Cave Contest, and may be further publicized as described above. If there is a conflict between these Official Rules and the terms of Bill Me Later's Privacy Policy, these Official Rules will govern.
Limitations of Liability; Disclaimer and Release:
The Released Parties (defined below) are not responsible for: (a) any inaccurate information, whether caused by entrants or printing errors; (b) unauthorized human intervention in any part of the Win a Man Cave Contest; (c) technical failures of any kind, including, but not limited to electronic malfunctioning of any network, hardware or software; (d) technical or human error which may occur in the administration of the Win a Man Cave Contest, or the processing of entries; (e) lost, delayed, misdirected, or undeliverable mail; or (f) any injury or damage to persons or property including, but not limited to, death, which may be caused, directly or indirectly, in whole or in part, from your participation in the Win a Man Cave Contest or receipt of any prize. BILL ME LATER AND EACH OF ITS SUBSIDIARIES, AFFILIATES, AGENTS, DISTRIBUTORS, RETAILERS, MERCHANT CLIENTS, AND ALL OF THEIR RESPECTIVE ADVERTISING AND PROMOTIONAL AGENCIES, SUPPLIERS, SERVICE PROVIDERS, REPRESENTATIVES, EMPLOYEES, CONTRACTORS, PRIZE PROVIDERS, OFFICERS, DIRECTORS, AND AGENTS (COLLECTIVELY, THE "RELEASED PARTIES") EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND (WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE), INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. RELEASED PARTIES SHALL NOT BE LIABLE OR RESPONSIBLE FOR THOSE GUARANTEES OR WARRANTIES MADE OR OFFERED BY ADVERTISERS, PARTNERS, MANUFACTURERS OR SUPPLIERS, INCLUDING THOSE RELATED TO THE PRIZE. UNDER NO CIRCUMSTANCES SHALL RELEASED PARTIES BE HELD RESPONSIBLE OR LIABLE FOR YOUR USE OF THE INFORMATION AND/OR PRODUCTS PROVIDED AND/OR MADE AVAILABLE THROUGH THE WIN A MAN CAVE CONTEST OR FOR ERRORS OR ANOMALIES RESULTING IN THE UNINTENDED OR ERRONEOUS PARTICIPATION, AWARD OF PRIZE OR OTHER BENEFITS UNDER THESE OFFICIAL RULES. RELEASED PARTIES OFFER NO ASSURANCES, GUARANTEES OR WARRANTIES THAT THE WIN A MAN CAVE CONTEST OR RELATED WEBSITES WILL BE UNINTERRUPTED OR ERROR-FREE AND DO NOT GUARANTEE THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE WIN A MAN CAVE CONTEST. RELEASED PARTIES WILL NOT BE LIABLE, AND ARE NOT RESPONSBLE, FOR DAMAGES OF ANY KIND RELATED TO YOUR PARTICIPATION IN OR INABILITY TO PARTICIPATE IN THE WIN A MAN CAVE CONTEST, WHETHER THE DAMAGES ARE DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL. BY PARTICIPATING IN THE WIN A MAN CAVE CONTEST AND/OR ACCEPTING A PRIZE, YOU AGREE THAT THE RELEASED PARTIES SHALL NOT BE LIABLE FOR, AND WILL BE HELD HARMLESS BY YOU AGAINST, ANY LIABILITY FOR ANY DAMAGE, INJURY OR LOSS TO PERSON (INCLUDING DEATH) OR PROPERTY RELATED IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, TO ACCEPTANCE, POSSESSION, USE OR MISUSE OF PRIZE, PARTICIPATION IN ANY PRIZE-RELATED ACTIVITY, USE BY A RELEASED PARTY OF ANY ENTRY, PARTICIPATION IN THE WIN A MAN CAVE CONTEST, OR ANY OTHER CLAIM OR CAUSE OF ACTION YOU MAY HAVE AGAINST A RELEASED PARTY. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU IN WHOLE OR IN PART.
Disputes:
Bill Me Later reserves the right to make all decisions, in its sole discretion, arising out of or relating to the Win a Man Cave Contest, and the decisions of Bill Me Later are final and binding on all matters. Except where prohibited, you agree that: (a) any and all disputes, claims and causes of action arising out of, or connected with, the Win a Man Cave Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in the State of Maryland; (b) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering a Win a Man Cave Contest, but in no event attorneys' fees; and (c) you waive the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, your rights and obligations, or the rights and obligations of Bill Me Later in connection with the Win a Man Cave Contest, shall be governed by, and construed in accordance with, the laws of the United States of America and the State of Maryland, without giving effect to any choice of law or conflict of law rules (whether of the State of Maryland or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than State of Maryland. You hereby submit to personal jurisdiction in the State of Maryland. By participating in the Win a Man Cave Contest, you agree that Maryland will be the exclusive forum for any formal dispute resolution.
Official Rules and Winners List:
A copy of the Official Rules will be posted on
www.IWantMyManCave.com
. You may obtain Win a Man Cave Contest results and a copy of these Official Rules by sending a self-addressed, stamped envelope to Bill Me Later, Attn: Win a Man Cave, 9690 Deereco Rd., Suite 705, Timonium MD 21093. Records may not be available beyond two years following Entry Period. Vermont residents may omit return postage for Official Rules requests.