Contest Rules and Regulations for “Architectural Mailboxes Veterans Day Travel Giveaway”
NO PURCHASE NECESSARY TO ENTER.
DEADLINE FOR SUBMISSIONS IS October 15, 2013 at 11:59PM PST.
OPEN TO UNITED STATES MILITARY VETERANS WHO ARE CURRENT LEGAL RESIDENTS OF THE UNITED STATES (EXCLUDING PUERTO RICO, THE U.S.VIRGIN ISLANDS, AND OTHER COMMONWEALTHS, TERRITORIES AND POSSESSIONS).
1. SPONSOR: Architectural Mailboxes LLC 123 West Torrance Blvd., #201, Redondo Beach, CA 90277 (“Sponsor”).
2. TERMS: The “Architectural Mailboxes Veterans Day Travel Giveaway” (“Contest”) begins September 23rd, 2013 at 12:00AM PDT and ends October 15, 2013 at 11:59PM PST. By submitting an entry and accepting the terms herein, each entrant (‘Entrant’) agrees to be bound by the following rules (‘Official Rules’) and warrants that his or her entry complies with all requirements set out in these Official Rules.
By entering this Contest, each Entrant agrees to release and hold harmless Architectural Mailboxes LLC, and any website companies hosting and promoting the Contest, their respective parent companies, affiliates, auxiliaries, subsidiaries, advertising and promotion agencies, and all of their agents, officers, directors, shareholders, employees, and agents (“Contest Entities”) from any injury, loss, death, damage, action, claim, demand or other liability that may occur from the Entrant’s participation in this Contest or from the acceptance, use or misuse of any prize awarded, or from attendance at any event associated with this Contest.
U.S. law governs this Contest.
ALL ELIGIBLE SUBMISSIONS WILL BE FEATURED ON THE SPONSOR’S FACEBOOK PAGE.
3. ELIGIBILITY: This Contest is open only to honorably discharged veterans of the United States military who are current legal residents of the United States (excluding Puerto Rico, the U.S. Virgin Islands, and other commonwealths, territories and possessions). The Sponsor reserves the right to verify discharge status. Any Entrant or nominee, (as the case may be), whose discharge status does not meet the minimum legal designation of “Honorable” will be disqualified.
VOID IN PUERTO RICO, OUTSIDE OF THE UNITED STATES, AND WHERE PROHIBITED BY LAW.
If you are under the legal age of majority in your state of residence (‘Minor’), a parent or legal guardian must submit a signed statement with your entry declaring that they have read, understood and agree to these Official Rules and that such agreement constitutes their acceptance of these Official Rules on your behalf. Please send such statements as pdfs by email to firstname.lastname@example.org and enter “Veteran’s Day Travel Giveaway” in the subject line.
Sponsor employees, and their immediate families (spouses, parents, children, siblings, and their respective spouses), including household members of Contest Entities are not eligible to enter.
The Sponsor reserves the right to verify eligibility qualifications of any winner.
4. HOW TO ENTER: No purchase is necessary. Enter by visiting https://www.architecturalmailboxes.com/blog (the “Website”) and sending an email to Info@Architecturalmailboxes.com between 12:00AM PDT September 16, 2013 and 11:59PM PDT on October 15, 2013.
Each Entrant will be asked to provide, among other things, his/her full name, address (no P.O. Boxes), e-mail address, gender, date of birth, and related registration information as prompted. Each Contest entry consists of a story submission of 300 words or less why the Entrant or Entrant’s nominee should win a round-trip airline ticket to be reunited with a military pen pal and a photograph of a handwritten note, card or original correspondence received by or from the veteran while he or she was on active duty.
Limit one (1) entry per person. Multiple entries will not increase an Entrant’s chances of winning. Entrants may nominate someone other than themselves provided that said nominee is a honorably discharged veteran of a branch of the United States military.
Proof of submission is not proof of receipt. All Sponsor approved eligible submissions received will be featured on the Sponsor’s Facebook page. Entrants waive any expectation of privacy in their story submission and photo once emailed to Architectural Mailboxes LLC.
5. CONDITIONS OF ENTRY: By entering, Entrants agree to comply with these Official Rules, including all eligibility requirements.
All entries submitted as part of the Contest shall become the property of the Sponsor. The submission shall constitute an assignment of the copyright and all other rights of the entry to the Sponsor. Entrants may be asked to certify ownership of or provide releases to use the content in an entry story and/or photograph or provide the written consent of individuals pictured in an entry photograph. Failure to provide these permissions may result in disqualification.
Specifically, if the photograph contains any material or elements that are not owned by the Entrant and/or which are subject to the rights of third parties, and/or if any persons appear in the photograph, the Entrant is responsible for obtaining, prior to submission of the photograph, any and all releases and consents necessary to permit the exhibition and use of the photograph in the manner set forth in these Official Rules. If any person appearing in any photograph is under the age of majority in their state of residence the signature of a parent or legal guardian is required on each release.
Upon Sponsor’s request, each Entrant must be prepared to provide, within five (5) days of notification, a signed release from all persons who appear in the photograph submitted, and/or from the owner of any material that appears in the photograph entry, authorizing Sponsor and the Sponsor’s licensees to reproduce, distribute, display, and create derivative works of the entry in connection with the Contest and promotion of the Contest, in any media now or hereafter known. Failure to provide such releases upon request may result in disqualification at any time during the Contest and selection of an alternate winner.
Contest Entities assume no responsibility for any computer, telephone, cable, network, satellite, electronic or Internet hardware or software malfunctions, failures, connections, availability, or garbled or jumbled transmissions, or service provider/Internet/website/use net accessibility or availability, traffic congestion, or unauthorized human intervention.
To enter, Entrants must have a valid email account. An entry will be deemed to have been made by the authorized holder of the email account from which the entry is made. The Sponsor is not responsible or liable for lost, stolen, mutilated, incomplete, incorrect, delayed, late, interrupted, illegible or misdirected entries.
The entry must not, in the sole and unfettered discretion of the Sponsor, contain obscene, provocative, defamatory, sexually explicit, or otherwise objectionable or inappropriate content.
Incomplete entries may be declared void.
6. DETERMINATION OF THE WINNER: Every eligible entry will be included in the contest. Architectural Mailboxes LLC will review all submissions and, in its sole discretion, choose a winner from the submissions received. The winner (“Winner”) will be the one (1) entry that has met all of the qualifications of entry and that the Sponsor determines, in its sole discretion, has the most compelling photo and story combination.
The Sponsor will notify the Winner via email message and United States Mail using the email account provided by the Entrant. Failure to provide an accurate, working email account or other contact information through which the Sponsor can contact you will disqualify you from receiving the Contest prize.
In the event that the Winner does not respond to the Sponsor with confirmed details of the Winner’s travel availability, i.e., (departing city, destination city, and available travel dates) (“Travel Details”), within seven (7) days of notification by the Sponsor, at the Sponsor’s election, the Winner may forfeit his or her eligibility, and the Sponsor may designate an alternate Winner. This forfeiture shall still apply in the event the Winner has been nominated by an entrant and did not enter him or herself. In such case, it is the Entrant’s legal obligation to contact the Winner by any legal means possible and notify the Winner that he or she has seven (7) days to make contact with the Sponsor via email, telephone, or United States Mail and provide his or her Travel Details.
The Sponsor also reserves the right to verify the identity of the person to be reunited with the Winner (“Pen Pal”), the Winner’s relationship to him or her, and the Winner’s story before awarding the prize.
THE WINNER MUST BE ABLE TO REDEEM THEIR PRIZE BY FLYING TO THE DESTINATION CITY ON OR BEFORE NOVEMBER 11, 2013. IF THE WINNER IS UNABLE TO TRAVEL ON OR BEFORE THIS DATE, THE WINNER WILL BE DEEMED INELIGIBLE AND AN ALTERNATE WINNER WILL BE SELECTED BY THE SPONSOR.
Odds of winning depend on the number of eligible entries received.
Where permitted by law, the Winner (except in the case of a Minor) agrees to grant and assigns to the Sponsor and the Sponsor’s Affiliates, licensees and auxiliaries, the right to print, publish, broadcast and use, worldwide, in any media now known or hereafter developed, including but not limited to the world wide web, at any time or times, the Winner’s name, portrait, picture, voice, likeness and biographical information as news or information and for advertising and promotional purposes without additional consideration; and further without such additional compensation, appear for, or provide biographical information for use in, any presentation or other activity which may include filming/audio/video/electronic or other recordings and/or interviews as may be determined by the Sponsor. Failure to make such appearances or grant such rights may result in disqualification with an alternate Winner or potential Winner selected from eligible entries previously received and in accordance with these Official Rules; and while not obligated to do so, the Sponsor may in its sole discretion, bear such reasonable costs and expenses for the Winner to appear for a presentation or other activity.
7. PRIZES: One (1) veteran Winner will receive a round trip economy/coach airline ticket to anywhere within the domestic United States to be reunited with a Pen Pal on Monday, November 11, 2013 (“Veterans Day”). The Sponsor shall, in its sole discretion, select the air carrier(s) from a major commercial airport selected by Sponsor near Winner’s home to the destination city.
All travel arrangements must be made through the Sponsor or Sponsor’s designee. Certain restrictions and black out dates may apply. The Winner must travel as and when designated by Sponsor or the prize may be forfeited and an alternate randomly selected winner chosen. Prize details not specified in these Official Rules will be determined in Sponsor’s sole and absolute discretion.
In the event the Winner engages in behavior that (as determined by Sponsor or any prize provider in its or their sole and absolute discretion) is obnoxious, inappropriate, or threatening, illegal or that is intended to annoy, abuse, threaten or harass any other person, Sponsor reserves the right to terminate the trip or other applicable experience early. The prize is awarded “AS IS” and without warranty of any kind, express or implied (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose).
It is the responsibility of the Winner to provide proper documentation (including government issued picture identification) and any other information required by Sponsor. The dates of departure and return are subject to change at Sponsor’s sole and absolute discretion. Airline tickets are non-refundable/non-transferable and are not valid for upgrades and/or frequent flyer miles. All airline tickets are subject to flight variation, work stoppages, and schedule or route changes. Sponsor reserves the right to structure travel route. Airline flights are subject to seat availability, as well as Sponsor’s terms and conditions generally applicable thereto. If in the judgment of Sponsor air travel is not required due to the Winner’s proximity to the destination city, ground transportation will be substituted for round-trip air travel at Sponsor’s sole and absolute discretion. The difference in value will not be awarded to the Winner.
The monetary value of the prize package is not greater than $750. The prize package has no cash redemption value. Any federal and state taxes on the prize and/or other travel costs (luggage fees, transportation to and from the airport, airfare in excess of $750 and other incidentals) are the sole responsibility of the Winner. No substitution or transfer of prizes is permitted, except at the sole discretion of the Sponsor. If the prize or any portion of the prize is unavailable, the Sponsor reserves the right to substitute that portion of the prize with a prize of equal or greater value. All prizes will be awarded.
Sponsor shall not be responsible for any cancellations, delays, diversions or substitution or any act or omissions whatsoever by the air carriers, transportation companies, prize providers or any other persons providing any prize-related services or accommodations. Sponsor is not liable for any missed prize events, opportunities or expenses incurred as a consequence of flight cancellation/delay or ground transportation delay. No refund or compensation will be made in the event of the cancellation or delay of any transportation or other prize element except at the sole and absolute discretion of Sponsor. Additional prize details and travel information to be provided to the Winner when such information is available to Sponsor. The Winner is responsible for obtaining travel insurance (and all other forms of insurance) at his/her option and hereby acknowledge that Sponsor has not and will not obtain or provide travel insurance or any other form of insurance. Lost, stolen or damaged airline tickets, travel vouchers or certificates will not be replaced or exchanged.
8. RIGHT TO CANCEL OR SUSPEND CONTEST: The Sponsor reserves the right to modify, suspend, or terminate the promotion in whole or in part by giving such notice, in any form and manner it deems appropriate. Should the promotion be modified, suspended, or terminated as aforesaid, the prize will nevertheless be awarded from eligible entries previously received and in accordance with these Official Rules.
If one or more acts of God or other causes beyond the Sponsor’s control render it impossible for the Sponsor to provide the prize to the Winner or make it impossible for the Winner to receive the prize on or before November 11, 2013, the Sponsor shall be excused from its Contest obligations. The Sponsor will give the Winner or the Entrant, (as the case may be) prompt notice of its inability to perform in any manner whatsoever, and the Sponsor will be forever excused from its Contest obligations.
9. GENERAL CONDITIONS: The potential Winner will be required to sign and return, within seven (7) days of notification, any applicable documents sent by the Sponsor related to the Contest, which may include but are not limited to a letter of prize acceptance, waiver of liability, an affidavit of eligibility (including proof of discharge status) and, where legally permissible, a publicity release, warranty of ownership and license in which the entrant warrants that he/she is the owner of the entry and photograph (and all the intellectual property rights in the entry and photograph submitted) or that the Entrant is the owner of the photograph (and any associated intellectual property rights) and grants to Sponsor the irrevocable, perpetual, worldwide non-exclusive license to reproduce, distribute, display, and create derivative works of the entry (along with a name credit) in connection with the Contest and promotion of the Contest without additional compensation. For the purposes of these Official Rules, the Entrant will be deemed to be in receipt of the Sponsor’s request or notification on the day that the email message was sent by the Sponsor.
NONCOMPLIANCE OR RETURN OF PRIZE NOTIFICATION AS UNDELIVERABLE MAY RESULT IN DISQUALIFICATION AND SELECTION OF AN ALTERNATE POTENTIAL WINNER.
By participating in this Contest, Entrants agree to release, discharge and hold harmless Sponsor, any and all Contest Entities from and against any and all claims, liability, costs, losses, damages or injuries of any kind arising out of or related to Entrants’ participation and/or related to any prize (including, without limitation, losses, damages or injuries to Entrant’s or any other person’s equipment or other property, or to their persons, related to participation in the Contest; or arising out of any violation of rights of publicity or privacy, or claims of defamation or portrayal in a false light; or based on any claim of infringement of intellectual property; or from any typographical, human or other error in the printing, offering, selection, operation or announcement of any Contest activity and/or prize). Without limiting the generality of the foregoing, Entrants agree that the Sponsor and/or Contest Entities: (A) have neither made nor will be in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, in connection with the Contest and/or with respect to prizes, including, without limitation, to any prize’s quality or fitness for a particular purpose; (B) maintain no control over the personnel, equipment or operation of any air, water or surface carrier, ship line, bus or limousine company, transportation company, hotel, manufacturer or other person or entity furnishing services, products or accommodations (“Suppliers“) as a part of the prizes provided in connection with the Contest; and (C) will not be responsible or liable for any injury, damage, loss, expense, accident, delay, inconvenience or other irregularity that may be caused or contributed to: (1) by the wrongful, negligent or unauthorized act or omission on the part of the Suppliers or any of their agents, servants, employees or independent contractors, (2) by any defect in or failure of any vehicle, equipment, instrumentality, service or product that is owned, operated, furnished or otherwise used by any of those Suppliers, (3) by the wrongful, negligent or unauthorized act or omission on the part of any other person or entity not an employee of the Sponsor and/or Contest Entities, and (4) by any cause, condition or event whatsoever beyond the control of the Sponsor and/or Contest Entities. Entrants agree that Sponsor and Contest Entities shall have no responsibility or liability for discontinued prizes; human error; incorrect or inaccurate transcription of registration and/or account information; any technical malfunctions of the telephone network, computer online system, computer dating mechanism, computer equipment, software, or Internet service provider utilized by Sponsor; interruption or inability to access the Website, or Sponsor or affiliated entities’ respective websites, or any online service via the Internet due to hardware or software compatibility problems; any damage to Entrant’s (or any third person’s) computer and/or its contents related to or resulting from any part of the Contest; any lost/delayed data transmissions, omissions, interruptions, viruses, bugs, defects; and/or any other errors or malfunctions, even if caused by the negligence of Sponsor and/or Contest Entities. Each Entrant further agrees to indemnify and hold harmless Sponsor and all Contest Entities from and against any and all liability resulting or arising from the Contest and to release all rights to bring any claim, action or proceeding against Sponsor and/or Contest Entities and hereby acknowledge that the Sponsor nor any Contest Entities have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to a prize, including express warranties provided exclusively by a Supplier that may be sent along with a prize. Sponsor is not responsible for the actions of Entrants in connection with the Contest, including Entrants’ attempts to circumvent the Official Rules or otherwise interfere with the administration, security, fairness, integrity or proper conduct of the Contest.
Entrants further understand and agree that all rights under Section 1542 of the Civil Code of California (“Section 1542“) and any similar law of any state or territory of the United States that may be applicable with respect to the foregoing release are hereby expressly and forever waived. Entrants acknowledge that Section 1542 provides that: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” The releases hereunder are intended to apply to all claims not known or suspected to exist with the intent of waiving the effect of laws requiring the intent to release future unknown claims.
IN NO EVENT WILL THE SPONSOR AND/OR THE CONTEST ENTITIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE CONTEST. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
The Sponsor reserves the right, at its sole discretion, to disqualify any individual it finds to be tampering with the entry process or the operation of the Contest; to be acting in violation of the Official Rules; or to be acting in a non-sportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. Entries using robotic, automatic, macro, programmed, or other like entry methods will be voided.
Multiple participants are not permitted to share an email account. In the event of a dispute as to entries submitted by multiple users having the same email account, the authorized subscriber of the email account used to enter the Contest at the actual time of the entry will be deemed to be the participant and must comply with these Official Rules. The authorized account subscriber is deemed to be the natural person who is assigned an email account by the entrant’s applicable service provider.
10. COLLECTION OF INFORMATION: Entrants agree that personal data, especially name and email address, may be processed, shared, and otherwise used for the purposes and within the context of the Contest and any other purposes outlined in these Official Rules. The data may also be used by the Sponsor in order to verify the Entrant’s identity or to otherwise verify the Entrant’s eligibility to participate in the Contest.
Contest Entities will not sell, rent or otherwise transfer this information to any third party, nor will the Sponsor use this information for marketing purposes, other than as outlined in “Conditions of Entry” and “Determination of the Winner,” without your consent.
As stated above, the Contest is not open to Minors under the age majority in their country of residence without the express consent of a parent or legal guardian. In the event that you are under the age of thirteen (13) years and submit an entry, the Sponsor will delete, erase or destroy any and all personally identifiable information that is obtained from the entry following the conclusion of the Contest.
11. DISPUTES: As a condition of participating in this Contest, Entrant agrees that any and all disputes which cannot be resolved and causes of action arising out of or connected with this Contest, shall be resolved individually, without resort to any form of class action, exclusively, before a court located in California having competent jurisdiction, which Court shall apply the laws of California without regards for doctrines of Conflict of Law. Further, in any such dispute, under no circumstances will Entrant be permitted to obtain awards for, and hereby waives all rights to claim punitive, incidental, nor consequential damages, or any other damages, including attorney’s fees, other than Entrant’s actual out-of-pocket expenses (i.e., costs associated with entering this Contest), and Entrant further waives all rights to have damages multiplied or increased.
12. WINNER LIST: The Winner’s name will be made available via https://www.architecturalmailboxes.com/blog and on Facebook after October 16, 2013. To the extent practicable, the Winner will also be notified by United States Mail on or before October 25, 2013.