Photo Contest Rules
January 8, 2014
PRUDENTIAL NETWORK REALTY “SPOT THE SIGN” CONTEST OFFICIAL RULES
Important: Please read these rules before entering this contest (the “Contest”).
By participating in this Contest, you agree to be bound by these Official Rules and represent that you satisfy all of the eligibility requirements below.
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS CONTEST.
1. Eligibility. PURCHASE WILL NOT INCREASE ODDS OF WINNING. SPOT THE SIGN PHOTO CONTEST IS OPEN ONLY TO LEGAL RESIDENTS OF THE FIFTY (50) UNITED STATES AND THE DISTRICT OF COLUMBIA WHO ARE AT LEAST AGE 18 (OR THE AGE OF MAJORITY UNDER APPLICABLE LAW). IF YOU DO NOT MEET ANY OF THESE REQUIREMENTS, OR ANY OTHER ELIGIBILITY REQUIREMENTS IN THESE OFFICIAL RULES, YOU ARE NOT ELIGIBLE TO WIN A PRIZE, PRUDENTIAL NETWORK REALTY RESERVES THE RIGHT NOT TO AWARD PRIZES TO YOU. If you have an APO or FPO mailing address, you must identify your state of permanent residence. To be eligible to win a prize, entries must be completed and received by Prudential Network Realty in the manner and format designated below. Directors, officers and department heads of Prudential Network Realty and directors, offices, department heads of their respective affiliate companies, subsidiaries, professional advisors, advertising and promotional agencies are not eligible to win any prizes. All applicable federal, state, and local laws and regulations apply. Offer void where prohibited by law.
2. Disclaimer. Prudential Network Realty, Facebook, Inc., or any other social media sites, any participating sponsors, and any of their respective parent companies, subsidiaries, affiliates, directors, officers, professional advisors, employees and agencies (collectively, the “Released Parties”) will not be responsible for: (a) any late, lost, misrouted, garbled or distorted or damaged transmissions or entries; (b) telephone, electronic, hardware, software, network, Internet, or other computer- or communications-related malfunctions or failures; (c) any Contest disruptions, injuries, losses or damages caused by events beyond the control of Prudential Network Realty or by non-authorized human intervention; or (d) any printing or typographical errors in any materials associated with the Contest.
3. Contest Period. The Contest starts on January 11, 2014 at 11:59 AM Eastern Time (“EST”) and ends on February 15, 2014 at 11:59 AM Eastern Time (“EST”) (the “Contest Period”). All entries must be received during the Contest Period to be eligible to win a prize. Prudential Network Realty’s computer is the official time-keeping device for the Contest.
4. How to Enter. During the Contest Period (1) visit the Prudential Network Realty’s Blog at http://www.askfloridanetwork.com/?p=355 or Facebook page at www.facebook.com/PrudentialNetworkRealty; and (2) follow the instructions on how to submit your entry (the “Submission”). Prudential Network Realty may display all Submissions on the Prudential Network Realty Facebook page or other social media sites. By uploading your Submission, you agree that your Submission conforms to the Submission Guidelines and Content Restrictions listed below (collectively, the “Guidelines and Restrictions”) and that Prudential Network Realty, in its sole discretion, may remove your Submission and disqualify you from the Contest if it believes, in its sole discretion, that your Submission fails to conform to the Guidelines and Restrictions. By uploading your Submission, in addition to rights granted below, you: (a) grant to Prudential Network Realty all rights necessary to display your Submission on Prudential Network Realty’s Web site and Prudential Network Realty’s Facebook page and other social media sites; (b) hereby waive any so-called moral (e.g., creative rights) in your Submission; (c) represent and warrant that you have the right to grant the rights granted in these Official Rules; and (d) represent and warrant that your Submission and its use as contemplated in these Official Rules does not and will not violate, misappropriate, or infringe upon any law or regulation or the rights of any third party, including any copyright, trademark, or any rights of publicity or privacy, or any other intellectual property or proprietary rights.
• The Submission must be a digital photo uploaded to Prudential Network Realty’s Facebook page or other social media sites using the “hashtag” #SpotTheSignFNR;
• The Submission must be entrant’s original creation and owned one hundred percent (100%) by the entrant;
• The Submission cannot have been submitted previously in a promotion of any kind or exhibited or displayed publicly through any means; and
• The Submission must demonstrate the following contest themes (“Contest Themes”):
1) You personally photographed a photo of the new Berkshire Hathaway HomeServices Florida Network Realty (Start Looking for the Signs) Sign or;
2) You personally photographed a photo of the new Berkshire Hathaway HomeServices Florida Network Realty Sign at a home listed for sale.
• The Submission must not contain material that violates, misappropriates, or infringes upon any law or regulation or the rights of any third party, including any copyright, trademark, or any rights of publicity or privacy, or any other intellectual property or proprietary rights;
• The Submission must not disparage any person or entity;
• The Submission must not contain material that is inappropriate, indecent, obscene hateful, tortious, and/or defamatory;
• 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 in any jurisdiction where Submission is created.
For All Submissions: You may submit no more than a total of five Submissions during the Contest Period. Submissions received from any person or email address in excess of the stated limit, whether through multiple or different Facebook accounts or other applicable accounts or means, will be void. Entrant must have signed permission from all individuals (parents/legal guardian of children, if featured and if not your own) that appear in the Submission to use their name and image in the Submission and to grant the rights set forth herein. If requested by Prudential Network Realty, entrant must be able to provide such permissions in a form acceptable to Prudential Network Realty. By uploading a Submission, entrant grants to Prudential Network Realty (and Prudential Network Realty’s licensees and assigns) 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, and otherwise exploit the Submission in all media now known or hereafter devised, throughout the universe, in any way Prudential Network Realty sees fit including, but not limited to, entertainment, instruction/education, promotional, advertising and/or marketing purposes. In connection with all rights granted herein, Prudential Network Realty (and Prudential Network Realty’s licensees and assigns) shall also have the irrevocable right to incorporate Submissions, in whole or in part, into other works, in any form, media or technology now known or hereafter developed. If necessary, entrant will sign any necessary documentation that may be required for Prudential Network Realty or its designees to make use of the non-exclusive rights entrant is granting to use the Submission. Proof of submission will not be deemed proof of receipt by Prudential Network Realty.
1. Selection and Notification of Winner. A panel of judges, determined by Prudential Network Realty in its sole discretion, (the “Judging Panel”) will select two (2) Submission as the prize winner. Selection of the winning Submission by Prudential Network Realty will be based on the following criteria (“Judging Criteria”): (a) how creative it is; (b) the extent to which it is original; (c) how well it fits the Contest Themes; and (d) the quality of the Submission. The winner will be notified on or about February 17, 2014 by social media and email. To claim the prize, the winner(s) should follow the instructions contained in his or her notification.
2. Identity of Entrant. If a dispute arises about the identity of the entrant, entries made online will be declared made by the authorized account holder of the email address submitted at time of entry. An authorized account holder is defined as the natural person who is assigned to an email address by an Internet access provider, online service provider or other organization (e.g., business, educational institution) that is responsible for assigning email addresses for the domain associated with the submitted email address. The potential winner may be required to provide Prudential Network Realty with proof that the potential winner is the authorized account holder of the social media site and email address associated with the winning entry.
3. Prize. The Prize is a Apple iPad Mini (WiFi/Cellular 16GB w/ Retina Screen Display. (the “Prize”). Two (2) Prize winners will be selected. The total approximate retail value of the Prize is $529. INCLUDING ALL FEDERAL, STATE AND LOCAL TAXES ASSOCIATED WITH THE RECEIPT. The Prize will be awarded. If the Prize is returned as undeliverable or otherwise not claimed within ten (10) days after delivery of notification, the Prize will be forfeited and awarded to an alternate winner selected by the Judging Panel from all of the remaining eligible entries that meet the Judging Criteria. The Prize is not transferable, is not eligible for the Prudential Network Realty refund, and may not be used with any other promotional discount. No substitutions or exchanges (including for cash) of the Prize will be permitted. The Prize is awarded “AS IS” and ONLY WITH THE MANUFACTURERS WARRANTY.
4. Selection of Prize. Actual model, color, accessories, and features of the Prize shall be selected by Prudential Network Realty, in its sole discretion, and may vary from photos used in print, Prudential Network Realty in-store advertising, and in electronic and web banner advertising including the Prudential Network Realty web site.
5. No Apple Facebook or Social Media’s Endorsement (Released Parties). This Contest is in no way sponsored, endorsed or administered by, or associated with Facebook, Inc or any other social media site. Any information you provide in connection with the Contest is to Prudential Network Realty and/or its sponsors/administrators and not to Facebook or other social media sites. You understand that by using and interacting with www.facebook.com and other social media sites you are subject to the terms, conditions, and policies that govern the use ofwww.facebook.com and other social media sites. You should therefore review the applicable terms and policies for www.facebook.com or whichever social media site you are using including privacy and data gathering practices, before using or interacting with Facebook/social media. Apple is not a participant in or sponsor of this promotion.
6. General Release. By entering the Contest, you release Prudential Network Realty and all Released Parties from any liability whatsoever, and waive any and all causes of action, for any claims, costs, injuries, losses, or damages of any kind arising out of or in connection with the Contest or delivery, mis-delivery, acceptance, possession, or use of or inability to use any Prize (including, without limitation, claims, costs, injuries, losses and damages related to personal injuries, death, damage to or destruction of property, rights of publicity or privacy, defamation or portrayal in a false light, whether intentional or unintentional), whether under a theory of contract, tort (including negligence), warranty or other theory.
7. Use of Winner’s Name, Likeness, etc. Except where prohibited by law, entry into the Contest constitutes permission to use winner’s name, Facebook name, other social media sites, likeness, persona, hometown, and/or Prize information in all media now known or later devised throughout the universe in perpetuity for all purposes Prudential Network Realty deems appropriate – including, without limitation, for promotional and publicity purposes – without further permission or compensation. As a condition of being awarded any Prize, except where prohibited by law, winner may (in Prudential Network Realty’s sole discretion) be required to execute a written consent, confirming Prudential Network Realty’s right to use such winner’s name, Facebook name, other social media sites, likeness, persona, hometown, and/or Prize information without further permission or compensation.
8. Affidavit and Release. As a condition of being awarded any Prize, winner may (in Prudential Network Realty’s sole discretion) be required to execute and deliver to Prudential Network Realty a signed affidavit of eligibility, acceptance of these Official Rules, release of liability, and any other legal, regulatory, or tax-related documents required by Prudential Network Realty in its sole discretion.
9. Winner List; Rules Request. For the Winner List, send an email with subject line: “Spot The Sign Photo Contest Winner List Request” to Marketing@PruNet.com after February 15, 2014 but before August 15, 2014. To obtain a copy of these Official Rules, send an email with subject line: “Spot The Sign Photo Official Rules Request” to Marketing@PruNet.com.
10. Intellectual Property Notice. The Contest and all accompanying materials are copyright 2014 by Prudential Network Realty. All rights are reserved.
12. Miscellaneous. The Contest and these Official Rules will be governed, construed, and interpreted under the laws of the state of Florida, U.S.A. Entrants agree to be bound by these Official Rules and by the decisions of Prudential Network Realty, which are final and binding in all respects. Prudential Network Realty reserves the right to change these Official Rules at any time, in its sole discretion, and to suspend or cancel the Contest or any entrant’s participation in the Contest should viruses, bugs, unauthorized human intervention, or other causes beyond Prudential Network Realty’s control affect the administration, security or proper play of the Contest, or Prudential Network Realty otherwise becomes (as determined in its sole discretion) incapable of running the Contest as planned, in which event all Prizes will be awarded via the judging process outlined in these Official Rules, from among all eligible entries received prior to cancellation. Notwithstanding the foregoing, Prudential Network Realty reserves the right to amend, modify, or cancel the Contest at any time without notice. Entrants who violate these Official Rules; violate any law, rule, or regulation in connection with participation in the Contest; tamper with the operation of the Contest or engage in any conduct that is detrimental or unfair to Prudential Network Realty, the Contest, or any other entrant (in each case as determined in Prudential Network Realty’s sole discretion) are subject to disqualification from entry into the Contest. Prudential Network Realty reserves the right to lock out persons whose eligibility is in question or who have been disqualified or are otherwise ineligible to enter the Contest. Any provision of these Official Rules deemed unenforceable will be enforced to the extent permissible, and the remainder of these Official Rules will remain in effect. If you have any questions about these Official Rules or the Contest, please email them to Marketing@PruNet.com or send written questions to Prudential Network Realty Marketing Department Photo Contest, 4190 Belfort Road, Suite 475, Jacksonville, FL 32216.
13. Contest Sponsor: Prudential Network Realty, 4190 Belfort Road, Suite 475, Jacksonville, FL 32216