Contest Rules - Joseph Schubach Jeweler's “Gems From The Heart Story Contest"
DESCRIPTION OF CONTEST:
Joseph Schubach Jewelers "Share Your Story" contest will award a $500 gift certificate to the entrant whose story is judged to be the most creative and aesthetically pleasing by the Joseph Schubach Jewelers Contest Committee. Stories must be about special moments that include the giving or receiving of jewelry. Entries may contain video, audio, photographs, scans and written content. Joseph Schubach Jewelers will publish entries on their website, www.schubach.com, for the general public to view. The winner will be selected from all eligible entries received during the Promotional Period.
These are the official rules for the Joseph Schubach Jewelers "Tell Us Your Story" Contest (the "Promotion"). If you participate in the Promotion, you ("Entrant") agree to comply with and be bound by the Rules.
The sponsor of the Promotion is Schubach Enterprises, Inc. ("Joseph Schubach Jewelers"), 7150 E. Camelback Rd., Suite 250, Scottsdale, AZ, 85251. All questions regarding the Promotion should be directed by e-mail to firstname.lastname@example.org.
No purchase or payment is necessary to participate in the Promotion or win.
Starting at 12:01 a.m. Arizona Time, January 1, 2009, and continuing through 11:59 p.m. Arizona Time, February 1, 2009.
Prizes and Odds:
One winner will receive a $500 gift certificate to be used toward the purchase of products and services offered by Joseph Schubach Jewelers. ALL TAXES ASSOCIATED WITH THE RECEIPT OR USE OF THE PRIZES ARE THE SOLE RESPONSIBILITY OF THE WINNERS. Odds of winning depend on the number of eligible entries received. Not valid with any other offer.
Stories must be submitted electronically through the submission form. Each entry must be no more than 50 megabytes in size, and each Entrant is limited to one entry.
Entrant must supply a valid email address as part of the registration process and other identification information as requested. No entries will be accepted after 11:59 p.m. Arizona Time, February 1, 2009. An Entrant must be an individual who is legal resident of the U.S., and at least the age of majority in his or her jurisdiction.Void where prohibited.
Each Entrant warrants that (1) materials included in any entry are original with the Entrant (or that the Entrant has the right to submit such materials), (2) any person depicted in an entry is able to give, and has given, his/her full consent to participation and to the exploitation of the rights in the entry envisaged hereunder, (3) any music included in the entry is cleared for use as envisaged hereunder, and no further release needs to be obtained by Joseph Schubach Jewelers or any third party in relation to such exploitation, (4) the materials within the entry do not contain information considered by Entrant's place of business or any other third party to be confidential, and (5) the entry and all included materials do not violate or infringe the rights of any third parties or violate any laws or regulations.
License to Display:
Ownership/Use Of Entries:
By submitting an entry, each Entrant agrees Sponsor shall own the entry submitted (including all rights embodied therein) and that it and its designees may exploit, edit, modify, and distribute the entry and all elements of such entry, including, without limitation, the names and likenesses of any persons or locations embodied therein, in any and all media now known or hereafter devised, worldwide, in perpetuity without compensation, permission or notification to entrant or any third party.
Original Work/No Infringement:
By entering the Contest, Entrant states that the Contest entry is an original work, has not been previously published, including previously submitted in this Promotion, or won any award, and that Entrant is aware of no conflicting rights in the Promotion Entry including but not limited to copyright or other intellectual property right. Entrant represents, states and agrees that his or her Promotion Entry will not infringe upon the intellectual property rights of any third party, including by way of example and not by limitation, any copyright, trademark or patent rights belonging to any third party.
By accepting the prize offered herein, Winner agrees to Sponsor's use of his/her name, voice, quotes, comments, biography, photograph, image, and/or likeness for the purpose of advertising, trade, or promotion without further compensation or consideration in any and all media now known or hereafter developed throughout the world, unless prohibited by law.
Contest Categories and Judging:
Judging to determine the winners among the contest entries will be conducted by Joseph Schubach Jewelers or its designee(s). This is for all presentation awards (First Prize and Runner Up, if applicable). Joseph Schubach Jewelers will judge the contest entries based on three equally weighted factors: (i) creativity; (ii) originality; and (iii) amount of emotionally charged content submitted. Because this part of the Promotion is a contest of skill, winning the contest aspect of the promotion is dependent on the quality of submissions received. The odds of winning will also depend upon the number of entrants received.
By participating, Entrants agree to be bound by these Official Rules and the decisions of the judges. Sponsors reserve the right to disqualify persons found tampering with or otherwise abusing any aspect of this Promotion as solely determined by Sponsors. In the event the Promotion is compromised by tampering or other causes beyond the reasonable control of Sponsors which corrupts or impairs the administration, security, fairness or proper operation of the Contest, Sponsors reserve the right in its sole discretion to suspend, modify or terminate the Promotion. Should the Promotion be terminated prior to the stated expiration date, Sponsors reserve the right to award prizes based on the entries received before the termination date.
The winner will be notified by email on or before February 14, 2009.. Sponsor reserves the right to determine the method of notification. Winner must claim their prize within two (2) months after the date of notification of such prize. A Sweepstakes winner's failure to respond to the prize notification within the specified two (2) months will be considered a forfeiture of the prize. If an entrant is found to be ineligible, an alternate winner may also be selected from the pool of eligible entries. All decisions by Joseph Schubach Jewelers are final and binding in all matters relating to this Promotion.
Limit of Liability:
JOSEPH SCHUBACH JEWELERS SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS, DAMAGE, COST, OR INJURY THAT ARISES FROM OR RELATES TO PARTICIPATION IN THE PROMOTION, OR WINNING OR USE OF A PRIZE, INCLUDING BUT NOT LIMITED TO: (I) LATE, LOST, DELAYED, DAMAGED, MISDIRECTED, INCOMPLETE, OR UNINTELLIGIBLE ENTRIES; (II) TELEPHONE, ELECTRONIC, HARDWARE OR SOFTWARE PROGRAM, NETWORK, INTERNET, OR COMPUTER MALFUNCTIONS, FAILURES, VIRUSES OR DIFFICULTIES OF ANY KIND; (III) FAILED, INCOMPLETE, GARBLED, OR DELAYED COMPUTER TRANSMISSIONS; (IV) THE DOWNLOADING OF ANY MATERIAL IN CONNECTION WITH THIS PROMOTION; OR (V) ANY OTHER CONDITION THAT MAY CAUSE THE PROMOTION TO BE DISRUPTED OR CORRUPTED. JOSEPH SCHUBACH JEWELERS RESERVES THE RIGHT, IN ITS SOLE DISCRETION AND WITHOUT PRIOR NOTICE, TO SUSPEND OR CANCEL THE PROMOTION OR ALTER THE RULES FOR ANY REASON, INCLUDING, BUT NOT LIMITED TO, IF AT ANY TIME A COMPUTER VIRUS, TECHNICAL PROBLEM, OR OTHER UNFORESEEABLE EVENT ALTERS OR CORRUPTS THE ADMINISTRATION OF THE PROMOTION.
By entering the Contest, entrant agrees that (1) any and all disputes, claims, and causes of action arising out of or in connection with the Promotion, or any prizes awarded, shall be resolved individually without resort to any form of class action, and entrant waives his or her right to a jury trial for such disputes, claims, and causes of action; (2) any claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Promotion, but in no event attorneys’ fees; and (3) under no circumstances will any entrant be permitted to obtain any award for, and entrant hereby waives all rights to claim punitive, incidental or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than damages for actual out-of-pocket expenses. Sponsors will not be responsible for typographical, printing or other inadvertent errors in these Official Rules or in other materials relating to the Contest. If you have any questions regarding this Promotion, please contact Joseph Schubach Jewelers, 7150 E. Camelback Rd. Suite 250, Scottsdale, AZ, 85251.
ENTRANT RELEASES AND AGREES TO INDEMNIFY AND HOLD HARMLESS JOSEPH SCHUBACH JEWELERS AND ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS AND AGENTS FROM ANY LIABILITY WHATSOEVER FOR ANY CLAIMS, COSTS, LOSSES, OR DAMAGES (INCLUDING INFRINGEMENT OF PROPRIETARY RIGHTS, RIGHTS OF PUBLICITY OR PRIVACY OR DEFAMATION) ARISING OUT OF OR IN CONNECTION WITH: (I) THE ENTRY SUBMITTED BY ENTRANT; (II) ENTERING AND PARTICIPATING IN THE PROMOTION; AND/OR (III) ACCEPTING OR USING ANY PRIZE. HOWEVER NOTHING IN THESE RULES SHALL LIMIT SPONSOR'S LIABILITY UNDER ANY CATEGORY OF LIABILITY WHICH UNDER THE LAW OF AN ENTRANT'S JURISDICTION CANNOT LAWFULLY BE LIMITED.
The Promotion and the rights and obligations of Joseph Schubach Jewelers and Entrants will be governed by and controlled by the laws of the State of Arizona, United States of America, applicable to contracts made and performed therein without reference to the applicable choice of law provisions. All actions, proceedings or litigation relating hereto will be instituted and prosecuted solely within the State of Arizona, Maricopa County. The parties consent to the jurisdiction of the state courts of Arizona and federal court located within such state and county with respect to any action, dispute or other matter pertaining to or arising out of the Promotion.