Rules
You, Alone. THE VISIBLE MAN Video Contest
Official Rules
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT IMPROVE YOUR CHANCES OF WINNING.
Contest may only be entered in or from the 50 United States and the District of Columbia and entries originating from any other jurisdiction are not eligible for entry. This Contest is governed exclusively by the laws of the United States. You are not authorized to participate in the Contest if you are not located within the United States.
1. How to Enter. To enter “The You, Alone Contest” (“Contest”), you must (i) read these Official Rules, (ii) create a video (“Video”) (not to exceed 30 seconds in length) which answers the question “What do you do when you’re alone? What if someone is watching you?” (“Theme”), and (iii) submit your Video to Sponsor via one of the following methods during the Contest Period:
i. Facebook: Go to Sponsor’s Video Contest tab (“Application”), located at https://www.facebook.com/ScribnerBooks/app_226105637428999 (“Sponsor’s Page”), and follow the links and instructions to enter. Read the Official Rules, complete the online entry form (including your name, mailing address, phone number, birth date (including age) and email address), Video and click the “submit” button.
ii. Sponsor’s Website: Go to Sponsor’s microsite at http://platform.votigo.com/fbcontests/profiletab/You-Alone-THE-VISIBLE-MAN-Video-Contest (“Site”) on Votigo, and follow the links and instructions to enter. Read the Official Rules, complete the online entry form (including your name, mailing address, phone number, birth date (including age) and email address), upload your Video and click the “submit” button.
iii. Mobile Wireless Application Protocol (“WAP”): Visit http://platform.votigo.com/fbcontests/profiletab/You-Alone-THE-VISIBLE-MAN-Video-Contest using your WAP enabled wireless device, complete the online entry form (including your name, mailing address, phone number, birth date (including age) and email address), upload your Video and click the submit button. NOTE: You may be charged for WAP service according to the terms of your service agreement with your service provider. You must be a wireless service subscriber with a WAP enabled wireless device to enter via this method. Message and data rates and carrier charges may apply and will be billed on your wireless phone bill or deducted from your pre-paid balance. Each wireless carrier’s rate plan may vary, and you should contact your wireless carrier for information on rate plans and charges relating to your participation in this Contest. Entry in this Contest via WAP is not available on all carriers. Check your phone capabilities for specific WAP instructions. Wireless service is not available in all areas.
All entry information and Videos shall be collectively referred to herein as the “Submissions” or each as a “Submission.” Submissions must comply with the Guidelines and Restrictions defined below. Sponsor reserves the right to cancel or modify this Contest in the event an insufficient number of entries are received that meet the minimum judging criteria. Limit one (1) Submission per person/per email address, regardless of method of entry.
By entering, each entrant warrants and represents the following with respect to their Submission: (a) entrant is the sole and exclusive owner of the Submission; (b) the Submission is entrant’s own creation and is 100% original; (c) the Submission will not infringe on any rights of any third parties; and (d) any third parties appearing in the Submission must be over the 18 years of age and at least the age of majority in state of residence (unless they are the child or ward of the entrant) and have given entrant appropriate consent to be filmed and used as permitted herein. Sponsor reserves the right to request third party releases from any third party included in any Submission at any time. Failure to produce fully executed third party releases (if applicable) may result in disqualification of the Submission, in Sponsor's sole and absolute discretion.
Providing a Submission 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 Submissions in whole or in part, on a worldwide basis, in perpetuity, and to incorporate it into other works, in any form, media or technology now known or later developed, for any purpose whatsoever, including for promotional or marketing purposes.
All entrants must have a valid email address. No automated entry devices and/or programs permitted. All entries, including Submissions, become the sole and exclusive property of the Sponsor and receipt of entries will not be acknowledged or returned. Sponsor is not responsible for lost, late, illegible, stolen, incomplete, invalid, unintelligible, postage-due, misdirected, technically corrupted or garbled entries, which will be disqualified, or for problems of any kind whether mechanical, human or electronic. Only fully completed entry forms are eligible. Proof of submission will not be deemed to be proof of receipt by Sponsor.
2. Start/End Dates. Contest begins at 12:00:00 pm Eastern Time (“ET”) on May 4th, 2012 (“Start Date”) and ends at 11:00:00 pm ET on May 30th, 2012 (“End Date”). Entrants are encouraged to submit Submissions close to Start Date to maximize Public Voting Period.
3. Eligibility. Participation open only to legal residents of the fifty United States or the District of Columbia, who are 18 or older and at least the age of majority in state of residence as of date of entry. Void outside of the 50 United States and the District of Columbia, and where prohibited, taxed or restricted by law. Employees, officers and directors of Simon and Schuster, Inc. (“Sponsor”), Votigo, Inc. and their respective parent company, subsidiaries, affiliates, partners, advertising and promotion agencies, manufacturers or distributors of Contest materials and their immediate families (parents, children, siblings, spouse) or members of the same household (whether related or not) of such employees/officers/directors are not eligible to enter. You are not authorized to participate in the Contest if you are not located within the United States or the District of Columbia. All federal, state and local laws and regulations apply.
4. Submission Guidelines and Content Restrictions: By entering, each entrant agrees that his or her Submission conforms to the Submission Guidelines and Content Restrictions as defined below (collectively, the “Guidelines and Restrictions”) and that Sponsor, in its sole discretion, may remove any Submission and disqualify an entrant from the Contest if it believes, in its sole discretion, that the entrant’s Submission fails to conform to the Guidelines and Restrictions.
Submission Guidelines:
• The Submission must not exceed 30 seconds in length.
• The Submission must be in English.
Content Restrictions:
• The Submission must not contain material that violates or infringes any rights of any other party, including but not limited to copyright, trademark, privacy, publicity or any other intellectual property rights;
• The Submission must not in any disparage Sponsor, any other person or party affiliated with the promotion and administration of this Contest;
• The Submission must not contain material that is inappropriate, indecent, obscene hateful, tortious, defamatory, slanderous or libelous;
• 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
• The Submission must not contain material that is unlawful, in violation of or contrary to the laws or regulations of the United States or of any jurisdiction where Submission is created.
• The Submission must be consistent with the image and values of Sponsor and be consistent with and satisfy the purpose of the Contest.
Each entrant acknowledges that other entrants may have used ideas and/or concepts in their Submission that may be similar in idea or concept to what is included in entrant’s Submission. Each entrant understands and agrees that he/she shall not have any claim against any other entrant or Sponsor arising out any such similarity or be entitled to any compensation because of any such similarity.
Sponsor’s decisions are final and binding in all matters relating to this Contest, including, but not limited to, interpretation and application of these Official Rules. By entering the Contest, entrants fully and unconditionally agree to be bound by these rules and the decisions of the judges, which will be final and binding in all matters relating to the Contest.
5. Public Voting Submissions/Public Voting. Submissions will be posted on the Application to be voted on by the public during the Public Voting Period (defined below). Public voting begins on or about May 4, 2012 at 12:00:00 pm ET and ends May 30, 2012 at 11:00:00 pm ET (the "Public Voting Period"). Voters can vote for a Submission based on the following public voting criteria: (a) Creativity and (b) Entertainment value. Limit one (1) vote for a Submission, per person/Facebook account, per day throughout the Public Voting Period. Multiple voters are not permitted to share the same email address. Any attempt by any voter to submit more than the stated number of votes by using multiple/different email addresses, identities or any other method will void that voter’s vote. The use of robotic or automatic devices for voting is prohibited, and Sponsor reserves the right to nullify any and all such votes and to disqualify from voting the responsible individual. Entrants are prohibited from obtaining votes by any fraudulent or inappropriate means, including offering prizes or other inducements to members of public, as determined by Sponsor, in its sole discretion and Sponsor reserves the right to nullify any and all such votes and to disqualify from Contest the responsible entrant. The top ten (10) Submissions with the highest number of votes during the Public Voting Period will be deemed the “Finalist Submissions” and eligible for the Judging Panel (subject to confirmation).
6. Judging Panel/Judging Criteria. On or about June 1, 2012, the Finalist Submissions will be judged by a panel of judges that have the required knowledge and experience to apply the judging panel judging criteria. All Finalists Submissions will be judged based on the following equally-weighted judging panel’s judging criteria: (a) Adherence to Theme and (b) Creativity. In the event of a tie, the higher score in the creativity category will determine winner. The top six (6) Finalist Submissions (“Top Six Finalists”) based on the judging panel’s judging criteria will be screened at the BookCourt event (“Event”) in Brooklyn on or about June 7, 2012 (or other date designated by Sponsor) and the Top Six Finalists will be invited by Sponsor to attend the Event. At the Event, First Prize and Second Prize Contest winners (collectively, “Contest Winners”) will be announced. Contest Winners do not need to be present to win.
7. Prizes. One (1) Contest First Prize: A complete Chuck Klosterman library, including “Fargo Rock City”, “Sex, Drugs, and Coco Puffs”, “Killing Yourself to Live”, “IV”, “Downtown Owl”, “Eating the Dinosaur”, and a copy of “The Visible Man” signed by Chuck Klosterman (Approximate retail value (“ARV”) of First Prize $140.00).
Five (5) Contest Second Prizes: A copy of “The Visible Man” signed by Chuck Klosterman. ARV of Second Prize: $50.00.
Fifty (50) Fan Favorite Prizes: A paperback copy of “The Visible Man” for fifty (50) randomly selected eligible entrants who have received 50 or more votes throughout the Public Voting Period (each a “Fan Favorite Winner”). ARV of each of each Fan Favorite Prize: $15.00. Fan Favorite winners will be selected in a random drawing from all eligible entries received on or about June 5, 2012. Odds of winning depend on the number of eligible entries received for the drawing. Drawing will be conducted by Sponsor. Allow 6-8 weeks for delivery.
Prizes are non-transferable. No substitutions or cash redemptions. In the case of unavailability of any prize, Sponsor reserves the right to substitute a prize of equal or greater value. All expenses not specifically listed herein are the responsibility of winners.
8. Notification. The Top Six Finalists will be notified by email on or about Monday, June 4th, 2012. The Contest Winners will be announced at the Event and, if not in attendance, will be notified by email shortly after the Event. Contest Winners may be required to sign and return, where legal, an Affidavit of Eligibility, Liability/Publicity Release and/or rights transfer document within five (5) calendar days of prize notification. Fan Favorite winners will be notified by mail when they receive their prize, approximately six to eight weeks after selection. Additionally, winners may be required to obtain releases from any and all third parties appearing in their respective Submissions. If any winner is considered a minor in his/her jurisdiction of residence, Affidavit of Eligibility, Liability/Publicity and rights transfer document must be signed by his/her parent or legal guardian. If any winner cannot be contacted within five (5) calendar days of first notification attempt, if any prize or prize notification is returned as undeliverable, if any winner rejects his/her prize or in the event of noncompliance with these Contest rules and requirements, such prize will be forfeited and may be awarded to the Submission with the next highest score. Upon prize forfeiture, no compensation will be given.
9. Conditions. Sponsor shall not be liable or responsible in the event any prize Submission is not used for any reason. Submissions may be cut, edited, reformatted, rearranged, combined with other materials and/or otherwise modified, in Sponsor’s sole and absolute discretion. Any and all federal, state and local taxes are the sole responsibility of the winners. Participation in Contest and/or acceptance of prize constitutes each winner’s permission for Sponsor to use his/her name, address (city and state), likeness, photograph, picture, portrait, voice, biographical information, Submission and/or any statements made by each winner regarding the Contest or Sponsor for advertising and promotional purposes without notice or additional compensation, except where prohibited by law. By participating, entrants and winners agree to release and hold harmless Sponsor, Votigo, Inc., Facebook Inc., and their advertising and promotion agencies and their respective parent companies, subsidiaries, affiliates, partners, representatives, agents, successors, assigns, employees, officers and directors (collectively, “Released Entities”), from any and all liability, for loss, harm, damage, injury, cost or expense whatsoever including without limitation, property damage, personal injury and/or death which may occur in connection with, preparation for, travel to, or participation in Contest, or possession, acceptance and/or use or misuse of prize or participation in any Contest-related activity and for any claims based on publicity rights, defamation, invasion of privacy, copyright infringement, trademark infringement or any other intellectual property-related cause of action. Entrants who do not comply with these Official Rules, or attempt to interfere with this Contest in any way shall be disqualified. Sponsor is not responsible if Contest cannot take place or if any prize cannot be awarded due to travel cancellations, delays or interruptions due to acts of God, acts of war, natural disasters, weather or acts of terrorism.
10. Additional Terms. Any attempted form of entry other than as set forth in Section 1 above is prohibited; no automatic, programmed; robotic or similar means of entry are permitted. Sponsor, its affiliates, partners and promotion and advertising agencies are not responsible for technical, hardware, software, telephone or other communications malfunctions, errors or failures of any kind, lost or unavailable network connections, web site, Internet, or ISP availability, unauthorized human intervention, traffic congestion, incomplete or inaccurate capture of entry information (regardless of cause) or failed, incomplete, garbled, jumbled or delayed computer transmissions which may limit one’s ability to enter the Contest, including any injury or damage to participant’s or any other person’s computer relating to or resulting from participating in this Contest or downloading any materials in this Contest. Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify, extend or suspend this Contest should (in its sole discretion) virus, bugs, non-authorized human intervention, fraud or other causes beyond its control corrupt or affect the administration, security, fairness or proper conduct of the Contest. In such case, Sponsor will select the winners from all eligible entries received prior to and/or after (if appropriate) the action taken by Sponsor. Sponsor reserves the right, at its sole discretion, to disqualify any individual it finds, in its sole discretion, to be tampering with the entry process or the operation of the Contest or web site. Sponsor may prohibit an entrant from participating in the Contest or winning a prize if, in its sole discretion, it determines that said entrant is attempting to undermine the legitimate operation of the Contest by cheating, hacking, deception, or other unfair playing practices (including the use of automated quick entry programs) or intending to annoy, abuse, threaten or harass any other entrants or Sponsor representatives.
CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
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.
11. Limitation of Liability; Disclaimer of Warranties. IN NO EVENT WILL THE RELEASED ENTITIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICE AND/OR THE CONTEST, DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM ANY WEBSITES ASSOCIATES WITH THE CONTEST. IN NO EVENT SHALL THE RELEASED ENTITIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED $10. WITHOUT LIMITING THE FOREGOING, THIS CONTEST AND ALL PRIZES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
12. Disputes; Governing Law. The parties waive all rights to trial in any action or proceeding instituted in connection with these Official Rules, including, without limitation, the Contest. Any controversy or claim arising out of or relating to these Official Rules and/or the Contest shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in the State of New York, City of New York.
THESE OFFICIAL RULES AND THE INTERPRETATION OF ITS TERMS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW YORK WITHOUT REGARD TO ITS CONFLICTS OF LAWS RULES. For any matters which are not subject to arbitration as set forth in these Official Rules and/or in connection with the entering of any judgment on an arbitration award in connection with these Official Rules and/or the Contest, the parties irrevocably submit and consent to the exclusive jurisdiction and venue of the state and federal courts located in or closest to the County of New York in the State of New York. The parties agree not to raise the defense of forum non conveniens.
13. Use of Data. Sponsor will be collecting personal data about entrants online, in accordance with its privacy policy. Please review the Sponsor’s privacy policy athttp://www.simonandschuster.com/about/privacy_policy. By participating in the Contest, entrants hereby agree to Sponsor’s collection and usage of their personal information and acknowledge that they have read and accepted Sponsor’s privacy policy.
14. List of Winners. To obtain a list of winners, send a self-addressed, stamped envelope by July 3rd, 2012 to: Bryony Weiss, Simon and Schuster, Inc., 1230 Avenue of the Americas, New York, NY, 10020.
15. Sponsor. Simon & Schuster, Inc., 1230 Avenue of the Americas, New York, NY 10020.
THIS PROMOTION IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH, FACEBOOK. YOU ARE PROVIDING YOUR INFORMATION TO SPONSOR AND NOT TO FACEBOOK.
Official Rules
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT IMPROVE YOUR CHANCES OF WINNING.
Contest may only be entered in or from the 50 United States and the District of Columbia and entries originating from any other jurisdiction are not eligible for entry. This Contest is governed exclusively by the laws of the United States. You are not authorized to participate in the Contest if you are not located within the United States.
1. How to Enter. To enter “The You, Alone Contest” (“Contest”), you must (i) read these Official Rules, (ii) create a video (“Video”) (not to exceed 30 seconds in length) which answers the question “What do you do when you’re alone? What if someone is watching you?” (“Theme”), and (iii) submit your Video to Sponsor via one of the following methods during the Contest Period:
i. Facebook: Go to Sponsor’s Video Contest tab (“Application”), located at https://www.facebook.com/ScribnerBooks/app_226105637428999 (“Sponsor’s Page”), and follow the links and instructions to enter. Read the Official Rules, complete the online entry form (including your name, mailing address, phone number, birth date (including age) and email address), Video and click the “submit” button.
ii. Sponsor’s Website: Go to Sponsor’s microsite at http://platform.votigo.com/fbcontests/profiletab/You-Alone-THE-VISIBLE-MAN-Video-Contest (“Site”) on Votigo, and follow the links and instructions to enter. Read the Official Rules, complete the online entry form (including your name, mailing address, phone number, birth date (including age) and email address), upload your Video and click the “submit” button.
iii. Mobile Wireless Application Protocol (“WAP”): Visit http://platform.votigo.com/fbcontests/profiletab/You-Alone-THE-VISIBLE-MAN-Video-Contest using your WAP enabled wireless device, complete the online entry form (including your name, mailing address, phone number, birth date (including age) and email address), upload your Video and click the submit button. NOTE: You may be charged for WAP service according to the terms of your service agreement with your service provider. You must be a wireless service subscriber with a WAP enabled wireless device to enter via this method. Message and data rates and carrier charges may apply and will be billed on your wireless phone bill or deducted from your pre-paid balance. Each wireless carrier’s rate plan may vary, and you should contact your wireless carrier for information on rate plans and charges relating to your participation in this Contest. Entry in this Contest via WAP is not available on all carriers. Check your phone capabilities for specific WAP instructions. Wireless service is not available in all areas.
All entry information and Videos shall be collectively referred to herein as the “Submissions” or each as a “Submission.” Submissions must comply with the Guidelines and Restrictions defined below. Sponsor reserves the right to cancel or modify this Contest in the event an insufficient number of entries are received that meet the minimum judging criteria. Limit one (1) Submission per person/per email address, regardless of method of entry.
By entering, each entrant warrants and represents the following with respect to their Submission: (a) entrant is the sole and exclusive owner of the Submission; (b) the Submission is entrant’s own creation and is 100% original; (c) the Submission will not infringe on any rights of any third parties; and (d) any third parties appearing in the Submission must be over the 18 years of age and at least the age of majority in state of residence (unless they are the child or ward of the entrant) and have given entrant appropriate consent to be filmed and used as permitted herein. Sponsor reserves the right to request third party releases from any third party included in any Submission at any time. Failure to produce fully executed third party releases (if applicable) may result in disqualification of the Submission, in Sponsor's sole and absolute discretion.
Providing a Submission 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 Submissions in whole or in part, on a worldwide basis, in perpetuity, and to incorporate it into other works, in any form, media or technology now known or later developed, for any purpose whatsoever, including for promotional or marketing purposes.
All entrants must have a valid email address. No automated entry devices and/or programs permitted. All entries, including Submissions, become the sole and exclusive property of the Sponsor and receipt of entries will not be acknowledged or returned. Sponsor is not responsible for lost, late, illegible, stolen, incomplete, invalid, unintelligible, postage-due, misdirected, technically corrupted or garbled entries, which will be disqualified, or for problems of any kind whether mechanical, human or electronic. Only fully completed entry forms are eligible. Proof of submission will not be deemed to be proof of receipt by Sponsor.
2. Start/End Dates. Contest begins at 12:00:00 pm Eastern Time (“ET”) on May 4th, 2012 (“Start Date”) and ends at 11:00:00 pm ET on May 30th, 2012 (“End Date”). Entrants are encouraged to submit Submissions close to Start Date to maximize Public Voting Period.
3. Eligibility. Participation open only to legal residents of the fifty United States or the District of Columbia, who are 18 or older and at least the age of majority in state of residence as of date of entry. Void outside of the 50 United States and the District of Columbia, and where prohibited, taxed or restricted by law. Employees, officers and directors of Simon and Schuster, Inc. (“Sponsor”), Votigo, Inc. and their respective parent company, subsidiaries, affiliates, partners, advertising and promotion agencies, manufacturers or distributors of Contest materials and their immediate families (parents, children, siblings, spouse) or members of the same household (whether related or not) of such employees/officers/directors are not eligible to enter. You are not authorized to participate in the Contest if you are not located within the United States or the District of Columbia. All federal, state and local laws and regulations apply.
4. Submission Guidelines and Content Restrictions: By entering, each entrant agrees that his or her Submission conforms to the Submission Guidelines and Content Restrictions as defined below (collectively, the “Guidelines and Restrictions”) and that Sponsor, in its sole discretion, may remove any Submission and disqualify an entrant from the Contest if it believes, in its sole discretion, that the entrant’s Submission fails to conform to the Guidelines and Restrictions.
Submission Guidelines:
• The Submission must not exceed 30 seconds in length.
• The Submission must be in English.
Content Restrictions:
• The Submission must not contain material that violates or infringes any rights of any other party, including but not limited to copyright, trademark, privacy, publicity or any other intellectual property rights;
• The Submission must not in any disparage Sponsor, any other person or party affiliated with the promotion and administration of this Contest;
• The Submission must not contain material that is inappropriate, indecent, obscene hateful, tortious, defamatory, slanderous or libelous;
• 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
• The Submission must not contain material that is unlawful, in violation of or contrary to the laws or regulations of the United States or of any jurisdiction where Submission is created.
• The Submission must be consistent with the image and values of Sponsor and be consistent with and satisfy the purpose of the Contest.
Each entrant acknowledges that other entrants may have used ideas and/or concepts in their Submission that may be similar in idea or concept to what is included in entrant’s Submission. Each entrant understands and agrees that he/she shall not have any claim against any other entrant or Sponsor arising out any such similarity or be entitled to any compensation because of any such similarity.
Sponsor’s decisions are final and binding in all matters relating to this Contest, including, but not limited to, interpretation and application of these Official Rules. By entering the Contest, entrants fully and unconditionally agree to be bound by these rules and the decisions of the judges, which will be final and binding in all matters relating to the Contest.
5. Public Voting Submissions/Public Voting. Submissions will be posted on the Application to be voted on by the public during the Public Voting Period (defined below). Public voting begins on or about May 4, 2012 at 12:00:00 pm ET and ends May 30, 2012 at 11:00:00 pm ET (the "Public Voting Period"). Voters can vote for a Submission based on the following public voting criteria: (a) Creativity and (b) Entertainment value. Limit one (1) vote for a Submission, per person/Facebook account, per day throughout the Public Voting Period. Multiple voters are not permitted to share the same email address. Any attempt by any voter to submit more than the stated number of votes by using multiple/different email addresses, identities or any other method will void that voter’s vote. The use of robotic or automatic devices for voting is prohibited, and Sponsor reserves the right to nullify any and all such votes and to disqualify from voting the responsible individual. Entrants are prohibited from obtaining votes by any fraudulent or inappropriate means, including offering prizes or other inducements to members of public, as determined by Sponsor, in its sole discretion and Sponsor reserves the right to nullify any and all such votes and to disqualify from Contest the responsible entrant. The top ten (10) Submissions with the highest number of votes during the Public Voting Period will be deemed the “Finalist Submissions” and eligible for the Judging Panel (subject to confirmation).
6. Judging Panel/Judging Criteria. On or about June 1, 2012, the Finalist Submissions will be judged by a panel of judges that have the required knowledge and experience to apply the judging panel judging criteria. All Finalists Submissions will be judged based on the following equally-weighted judging panel’s judging criteria: (a) Adherence to Theme and (b) Creativity. In the event of a tie, the higher score in the creativity category will determine winner. The top six (6) Finalist Submissions (“Top Six Finalists”) based on the judging panel’s judging criteria will be screened at the BookCourt event (“Event”) in Brooklyn on or about June 7, 2012 (or other date designated by Sponsor) and the Top Six Finalists will be invited by Sponsor to attend the Event. At the Event, First Prize and Second Prize Contest winners (collectively, “Contest Winners”) will be announced. Contest Winners do not need to be present to win.
7. Prizes. One (1) Contest First Prize: A complete Chuck Klosterman library, including “Fargo Rock City”, “Sex, Drugs, and Coco Puffs”, “Killing Yourself to Live”, “IV”, “Downtown Owl”, “Eating the Dinosaur”, and a copy of “The Visible Man” signed by Chuck Klosterman (Approximate retail value (“ARV”) of First Prize $140.00).
Five (5) Contest Second Prizes: A copy of “The Visible Man” signed by Chuck Klosterman. ARV of Second Prize: $50.00.
Fifty (50) Fan Favorite Prizes: A paperback copy of “The Visible Man” for fifty (50) randomly selected eligible entrants who have received 50 or more votes throughout the Public Voting Period (each a “Fan Favorite Winner”). ARV of each of each Fan Favorite Prize: $15.00. Fan Favorite winners will be selected in a random drawing from all eligible entries received on or about June 5, 2012. Odds of winning depend on the number of eligible entries received for the drawing. Drawing will be conducted by Sponsor. Allow 6-8 weeks for delivery.
Prizes are non-transferable. No substitutions or cash redemptions. In the case of unavailability of any prize, Sponsor reserves the right to substitute a prize of equal or greater value. All expenses not specifically listed herein are the responsibility of winners.
8. Notification. The Top Six Finalists will be notified by email on or about Monday, June 4th, 2012. The Contest Winners will be announced at the Event and, if not in attendance, will be notified by email shortly after the Event. Contest Winners may be required to sign and return, where legal, an Affidavit of Eligibility, Liability/Publicity Release and/or rights transfer document within five (5) calendar days of prize notification. Fan Favorite winners will be notified by mail when they receive their prize, approximately six to eight weeks after selection. Additionally, winners may be required to obtain releases from any and all third parties appearing in their respective Submissions. If any winner is considered a minor in his/her jurisdiction of residence, Affidavit of Eligibility, Liability/Publicity and rights transfer document must be signed by his/her parent or legal guardian. If any winner cannot be contacted within five (5) calendar days of first notification attempt, if any prize or prize notification is returned as undeliverable, if any winner rejects his/her prize or in the event of noncompliance with these Contest rules and requirements, such prize will be forfeited and may be awarded to the Submission with the next highest score. Upon prize forfeiture, no compensation will be given.
9. Conditions. Sponsor shall not be liable or responsible in the event any prize Submission is not used for any reason. Submissions may be cut, edited, reformatted, rearranged, combined with other materials and/or otherwise modified, in Sponsor’s sole and absolute discretion. Any and all federal, state and local taxes are the sole responsibility of the winners. Participation in Contest and/or acceptance of prize constitutes each winner’s permission for Sponsor to use his/her name, address (city and state), likeness, photograph, picture, portrait, voice, biographical information, Submission and/or any statements made by each winner regarding the Contest or Sponsor for advertising and promotional purposes without notice or additional compensation, except where prohibited by law. By participating, entrants and winners agree to release and hold harmless Sponsor, Votigo, Inc., Facebook Inc., and their advertising and promotion agencies and their respective parent companies, subsidiaries, affiliates, partners, representatives, agents, successors, assigns, employees, officers and directors (collectively, “Released Entities”), from any and all liability, for loss, harm, damage, injury, cost or expense whatsoever including without limitation, property damage, personal injury and/or death which may occur in connection with, preparation for, travel to, or participation in Contest, or possession, acceptance and/or use or misuse of prize or participation in any Contest-related activity and for any claims based on publicity rights, defamation, invasion of privacy, copyright infringement, trademark infringement or any other intellectual property-related cause of action. Entrants who do not comply with these Official Rules, or attempt to interfere with this Contest in any way shall be disqualified. Sponsor is not responsible if Contest cannot take place or if any prize cannot be awarded due to travel cancellations, delays or interruptions due to acts of God, acts of war, natural disasters, weather or acts of terrorism.
10. Additional Terms. Any attempted form of entry other than as set forth in Section 1 above is prohibited; no automatic, programmed; robotic or similar means of entry are permitted. Sponsor, its affiliates, partners and promotion and advertising agencies are not responsible for technical, hardware, software, telephone or other communications malfunctions, errors or failures of any kind, lost or unavailable network connections, web site, Internet, or ISP availability, unauthorized human intervention, traffic congestion, incomplete or inaccurate capture of entry information (regardless of cause) or failed, incomplete, garbled, jumbled or delayed computer transmissions which may limit one’s ability to enter the Contest, including any injury or damage to participant’s or any other person’s computer relating to or resulting from participating in this Contest or downloading any materials in this Contest. Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify, extend or suspend this Contest should (in its sole discretion) virus, bugs, non-authorized human intervention, fraud or other causes beyond its control corrupt or affect the administration, security, fairness or proper conduct of the Contest. In such case, Sponsor will select the winners from all eligible entries received prior to and/or after (if appropriate) the action taken by Sponsor. Sponsor reserves the right, at its sole discretion, to disqualify any individual it finds, in its sole discretion, to be tampering with the entry process or the operation of the Contest or web site. Sponsor may prohibit an entrant from participating in the Contest or winning a prize if, in its sole discretion, it determines that said entrant is attempting to undermine the legitimate operation of the Contest by cheating, hacking, deception, or other unfair playing practices (including the use of automated quick entry programs) or intending to annoy, abuse, threaten or harass any other entrants or Sponsor representatives.
CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
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.
11. Limitation of Liability; Disclaimer of Warranties. IN NO EVENT WILL THE RELEASED ENTITIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICE AND/OR THE CONTEST, DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM ANY WEBSITES ASSOCIATES WITH THE CONTEST. IN NO EVENT SHALL THE RELEASED ENTITIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED $10. WITHOUT LIMITING THE FOREGOING, THIS CONTEST AND ALL PRIZES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
12. Disputes; Governing Law. The parties waive all rights to trial in any action or proceeding instituted in connection with these Official Rules, including, without limitation, the Contest. Any controversy or claim arising out of or relating to these Official Rules and/or the Contest shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in the State of New York, City of New York.
THESE OFFICIAL RULES AND THE INTERPRETATION OF ITS TERMS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW YORK WITHOUT REGARD TO ITS CONFLICTS OF LAWS RULES. For any matters which are not subject to arbitration as set forth in these Official Rules and/or in connection with the entering of any judgment on an arbitration award in connection with these Official Rules and/or the Contest, the parties irrevocably submit and consent to the exclusive jurisdiction and venue of the state and federal courts located in or closest to the County of New York in the State of New York. The parties agree not to raise the defense of forum non conveniens.
13. Use of Data. Sponsor will be collecting personal data about entrants online, in accordance with its privacy policy. Please review the Sponsor’s privacy policy athttp://www.simonandschuster.com/about/privacy_policy. By participating in the Contest, entrants hereby agree to Sponsor’s collection and usage of their personal information and acknowledge that they have read and accepted Sponsor’s privacy policy.
14. List of Winners. To obtain a list of winners, send a self-addressed, stamped envelope by July 3rd, 2012 to: Bryony Weiss, Simon and Schuster, Inc., 1230 Avenue of the Americas, New York, NY, 10020.
15. Sponsor. Simon & Schuster, Inc., 1230 Avenue of the Americas, New York, NY 10020.
THIS PROMOTION IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH, FACEBOOK. YOU ARE PROVIDING YOUR INFORMATION TO SPONSOR AND NOT TO FACEBOOK.
