BISSELL MVP PHOTO CONTEST
2008 OFFICIAL RULES
THIS CONTEST IS OPEN TO LEGAL RESIDENTS
OF THE 50 UNITED STATES INCLUDING WASHINGTON DC,
WHO ARE LOCATED IN THE U.S AT THE TIME OF ENTRY.
NO PURCHASE NECESSARY. VOID WHERE PROHIBITED.
- ELIGIBILITY: Contest is offered only in the United States to legal residents of the 50 United States including the District of Columbia, who are at least 21 years old at time of entry. Employees and directors of BISSELL Homecare, Inc. ("Sponsor"), Discovery Communications, Inc. (Discovery), and each of their parents, affiliates and subsidiary companies, their advertising and promotional agencies and each of their immediate family members or members of the same households of such employees and directors are not eligible. By entering you agree to these Official Rules and the decisions of Sponsor or its designee, which are final and binding in all respects.
- DESCRIPTION and HOW TO ENTER: Promotion period begins on 01/01/08 at 12:00:00 a.m. Eastern Time (PST), and ends on 04/11/08 at 11:59:59 p.m. (PST) ("Promotion Period"). A day begins at 12:00:00 a.m. (PST) and ends at 11:59:59 p.m. (PST). This is a contest for you to submit a picture of your pet, which will be uploaded to the contest home page, where it will appear and be voted on for the chance to have your pet’s picture appear on the Pet Hair Eraser package. To register, go to the BISSELL MVP Photo Contest home page at www.bissell.com/mvp and follow the registration procedures stated. Any other attempt at Internet or email registration is void. To submit an entry, submit your picture via the form (limit one per submission period) here. Week One promotion period is defined as 12:00:00 a.m. (PST) Tuesday through the following 11:59:00 p.m. (PST) Friday night. Each week from period two through the remainder of the contest promotion period is defined as 12:00:00 a.m. (PST) Saturday through the following 11:59:00 p.m. (PST) Friday night. Pictures need to be in jpeg format and no larger than 1 MB . Each picture must show ONLY ONE PET. Each week, visitors to the website will vote on their favorite picture. The top vote recipient for each week will receive one Pet Hair Eraser vacuum. The top five vote recipients for each week will be entered into the semi-final selection process, described below.
- INFORMATION: By participating, you hereby acknowledge and agree to receive e-mail from Sponsor, but you can opt out of receiving future e-mail by following the instructions contained in any such email, or otherwise notifying the sending entity. You will remain eligible to win prizes if you opt out.
- LIMITS ON ENTRIES AND VOTING: You may only submit one picture each week. Voters may only vote once each week. You must have all ownership rights in and to the photo(s) that you submit. All entries become property of the Sponsor and will not be returned. Submission of entry constitutes your consent to transfer to Sponsor all rights, title and interest in the entry including the copyright. Entrants relinquish all rights to any submitted material. Submissions must not infringe the rights of any third party and must be suitable for publication. Sponsor reserves the right to delete and/or disqualify any submission if found in Sponsor’s sole discretion to infringe upon existing rights of others, to be incomplete, damaged, obscene, vulgar, offensive or otherwise unsuitable for print. No responsibility is assumed for lost, late, incomplete, stolen, misdirected, or illegible entries; or 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/web site/use net accessibility or availability, traffic congestion, or unauthorized human intervention, or the incorrect or inaccurate capture of entry or other information, or the failure to capture any such information.
- FINAL SELECTION PROCESS AND SELECTION OF WINNERS: Five winners will be selected weekly by popular vote to advance to the semi-finals, but Sponsor reserves the right to select or disqualify any entries as it deems appropriate, in its sole discretion. One winner will be selected from among all eligible entries that have advanced to the semi-finals. The winner will be selected on or about May 05, 2008, on the basis of (1) condition of coat (33.3%), (2) expression (33.3%), and (3) overall appearance (33.3%), by representatives of Sponsor, whose decisions are final on all matters relating to this Contest. Winner will be notified by email. Return of any prize or prize notification as undeliverable, if Sponsor is unable to contact the potential winner after reasonable effort, or failure of potential winner to respond within three days of first attempted notification, will result in forfeiture of prize and selection of an alternate winner.
- PRIZE/ODDS: Sixteen (16) total prizes are available. One Grand Prize: Professional Photo Shoot of your pet submitted, and placement of a picture on BISSELL packaging and BISSELL Pet Hair Eraser. ARV: $2,170. Sponsor will also make a $10,000 donation to a pet cause of grand prize winner’s choice. The Grand Prize Winner and pet must be available for a photo shoot no later than May 30, 2008. Fifteen First Prizes: the 15 weekly winners will each receive one (1) BISSELL Pet Hair Eraser. ARV: $170/each. Total ARV of all prizes, $4,720. No assignment, transfer, or substitution of prize is permitted, except by Sponsor in the event of unavailability, in which case Sponsor will award a prize of equal or greater value. ALL FEDERAL, STATE AND LOCAL TAXES, AND ANY OTHER COSTS AND EXPENSES ASSOCIATED WITH THE RECEIPT OR USE OF THE PRIZE ARE THE SOLE RESPONSIBILITY OF THE WINNERS. Grand prize winner will also be required to execute additional releases regarding placing the picture on the packaging.
- RIGHT TO USE SUBMISSION AND INFORMATION: Entries and all other submitted material become the property of Sponsor. By submitting an entry: (a) you irrevocably assign to Sponsor all right, title, and interest in your entry in any and all media whether now known or hereafter devised, in perpetuity, anywhere in the world, with the right to make any and all uses thereof, including, without limitation, for purposes of advertising or trade. The rights granted under this paragraph shall extend to all entries and all other submitted materials related to the promotion, including those submitted by non-winners and winners. By submitting an entry, you grant to Sponsor and its affiliated companies, the right, except where prohibited by law, to use your name, likeness, picture, address (city and state), e-mail address, voice, biographical information and written or oral statements, for advertising and promotional purposes in promoting or publicizing Sponsor and its products or services, without compensation unless required by law. You shall have no right of approval, no claim to compensation, and no claim (including, without limitation, claims based on invasion of privacy, defamation, or right of publicity) arising out of any use, blurring, alteration, or use in composite form of your name, picture, likeness, address (city and state), e mail address, biographical information, or entry. The rights granted under this paragraph shall extend to Sponsor and its affiliated companies with respect to all entrants in the Contest, including non-winners and winners.
- GENERAL CONDITIONS: The Grand Prize winner must complete, execute and return an Affidavit of Eligibility, a Liability Release, and where lawful, a Publicity Release within seven (7) days of first attempted notification. Failure to return documents timely, or if prize notification or prize is returned as non-deliverable, or if winner is found not to be eligible or not in compliance with these Official Rules, disqualification may result and an alternate winner selected. By accepting prize, where permitted by law, winners grant to Sponsor and those acting with Sponsor's permission, its parents, subsidiaries and related companies, 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 full name, portrait, picture, voice, likeness and biographical information as news or information and for advertising, trade and promotional purposes without additional consideration, and without notice, approval or review. Winners also, without additional compensation, will appear for any presentation or other activity which may include filming/ audio/ video/ electronic or other recordings and/or interviews, as may be determined from time to time by Sponsor, where not prohibited by law. By accepting a prize, winners agree that any grant of permission to use the winner's name, portrait, picture, voice, likeness and biographical information, as stated above, may be secured by Sponsor electronically, for example by email, and such email secured permission will have the same force and effect as if that permission had been secured in a written document which was physically executed by the winner. Further, each participant and winner releases and agrees to hold harmless Sponsor, Discovery, and their parents, affiliates, subsidiaries, advertising and promotion agencies and their respective directors, officers, employees, representatives and agents from any and all liability for any injuries, loss or damage of any kind to person, including death, and property, arising in whole or in part, directly or indirectly, from acceptance, possession, use or misuse of a prize, participation in any Contest related activity, or participation in this Contest.
- SPONSOR’S DISCRETION: 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; to be in violation of the Terms of Service of the web site; 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. Any use of robotic, automatic, macro, programmed or like entry or registration methods will void all such entries by such methods, and disqualify any entrants using such methods. 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 entry will be deemed to be the participant and must comply with these rules. Sponsor reserves the right not to use the grand prize picture on any packaging in its discretion, but in such event, grand prize winner will receive the balance of the grand prize. Authorized account subscriber is deemed to be the natural person who is assigned an email address by an Internet access provider, on-line service provider or other organization, which is responsible for assigning email, addresses or the domain associated with the submitted email address. Sponsor may prosecute any fraudulent activities to the full extent of the law.
- LIMITATIONS OF LIABILITY: Sponsor is not responsible for any incorrect or inaccurate information, whether caused by web site users, tampering, hacking, or by any of the equipment or programming associated with or utilized in the Contest and assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to the web site. Sponsor is not responsible for injury or damage to participants' or to any other person's computer related to or resulting from participating in this Contest or downloading materials from or use of the web site. If, for any reason, the Contest is not capable of running as planned by reason of infection by computer virus, worms, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which Sponsor, in the sole opinion of Sponsor, deems could corrupt or affect the administration, security, fairness, integrity or proper conduct of this Contest, Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend this Contest and select the winners from entries received prior to the action taken or in such other manner as Sponsor may deem fair and appropriate. IN NO EVENT WILL SPONSOR, DISCOVERY, THEIR PARENTS, AFFILIATES, SUBSIDIARIES AND RELATED COMPANIES, THEIR ADVERTISING OR PROMOTION AGENCIES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS, 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 BISSELL INTERNET SITE OR THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM SAID SITE. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THIS SITE IS 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 IMITATIONS OR EXCLUSIONS.
- DISPUTES: As a condition of participating in this Promotion, participants agree that any and all disputes which cannot be resolved between the parties, and causes of action arising out of or connected with this Promotion, shall be resolved individually, without resort to any form of class action, exclusively, before a court located in the City of Grand Rapids having competent jurisdiction, which Court shall apply the laws of the State of Michigan without regard for doctrines of Conflict of Law. Further, in any such dispute, under no circumstances will participant be permitted to obtain awards for, and hereby waives all rights to claim punitive, incidental or consequential damages, or any other damages, including attorneys' fees, other than participant's actual out-of-pocket expenses (i.e., costs associated with entering this Promotion), and participant further waives all rights to have damages multiplied or increased.
- WINNERS LIST: For a list of the winners, send a self addressed stamped envelope to: BISSELL Homecare, Inc., BISSELL MVP Photo Contest Winner's List, c/o Internet Marketing Department, P.O. Box 2623, Grand Rapids, MI 49501-2623, to be postmarked by May 15, 2008, and received by May 30, 2008.
SPONSOR: BISSELL Homecare Inc., 2345 Walker Avenue NW, Grand Rapids, MI 49544.
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