Archstone 2010 Photo Contest
1. These are the official rules for the Archstone 2010 Photo Contest (the “Contest”) offered by Archstone (the “Sponsor”). By entering the Contest, entrants agree to be bound by these official rules and all decisions of the Sponsor and Contest judges relating to the Contest, which shall be final and binding on entrants.
2. NO PURCHASE, PAYMENT OR SUBMISSION TO SALES PRESENTATION NECESSARY TO ENTER OR TO WIN. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. ALL FEDERAL, STATE, LOCAL AND MUNICIPAL LAWS AND REGULATIONS APPLY. VOID WHERE PROHIBITED.
3. Eligibility: this Contest is open only to residents of the 50 United States and the District of Columbia, who are 18 years of age or older, at the time of entry. Employees of Sponsor and its advertising agencies, property managers, leasing agents, affiliates, and/or promotional partners (collectively “Sponsor Entities”) or the immediate family members of, or to any persons domiciled with, any such employees, are not eligible to enter or win. For purposes of the Contest, “immediate family members” are defined as spouses, children, siblings, parents, grandparents and grandchildren. All entrants must have access to the Internet prior to the start of the Contest.
4. How to enter: You can enter by submitting an original photograph (“Photo”) along with your name, address, and phone number between 12:00 a.m. PST on February 1, 2010, and 11:59 p.m. PST on February 21, 2010, via email to LiveLoveArchstone@archstonemail.com. The photo should capture what you love about where you live. All entries must be received by 11:59 p.m. PST on February 21, 2010. The internal clock of the www.LiveLoveArchstone.com web site will be used to determine when an entry was received. Limit one entry per person. All Photos must meet the Photo Submission Requirements in Section 5 below.
5. Photo Submission Requirements:
A. Photos must comply with the format requirements and other terms and conditions specified at www.LiveLoveArchstone.com.
B. Photos must be the original creation of the submitting entrant. The entrant must be the Parent or Legal Guardian of any minor under the age of 18 contained in the Photo.
C. Entrants agree to and understand that Photos will be made available to the public, including but not limited to posting on the Internet. Whether or not Photos are published on the Internet, Sponsor does not guarantee any confidentiality with respect to any Photo.
D. Entrants are responsible for securing necessary permissions, talent and location releases, and licenses for any person, or any visual and other material depicted in the Photos.
E. Photos may not contain or depict someone smoking or intoxicated, contain an advertisement or a solicitation of any business, or include an impersonation of someone.
F. Photos may not contain unsafe behavior or situations, profanity, nudity, pornographic images or explicit sexual themes, graphic violence, defamatory or libelous statements or material considered illegal. Photos containing any such aspects and/or that are in violation of law or otherwise deemed by Sponsor, in its sole discretion, to be prejudicial to Sponsor or inappropriate in any way will be disqualified. Photos determined, in Sponsor’s sole discretion, to infringe on any intellectual property rights or other rights will be disqualified.
G. Each Photo must be created and entered on an individual basis only (i.e., no joint or corporate entries or entries on behalf of any entrant).
H. Each Photo must be an original work which is under no restriction, contractual or otherwise, that will prevent Sponsor’s use of the Photo and each Photo must be free of any and all liens, encumbrances and claims of third parties. Entrant acknowledges, agrees and warrants that, nothing in the Photo infringes on any copyrights, confidential information, trade secrets or trademarks belonging to any person or entity other than the entrant absent a suitable license, clearance or permission agreement (proof of which is required upon submission), or violates any person's rights of privacy or publicity and that all necessary releases and permissions have been secured.
I. By uploading the Photo the entrant agrees, for zero compensation, to grant to Sponsor all intellectual property rights in the Photo and each of its constituent parts, which rights include, without limitation, the Sponsor’s right to publish, make available to the public and/or reproduce the Photo through any media available for the purpose of administering and conducting the Promotion. In addition, entrant warrants that any so called “moral rights” in the Photo have been waived and entrant acknowledges and agrees that Sponsor may use any ideas from any Photo or other submitted materials, whether or not entrant has been awarded a prize in connection with any such Photo or other materials.
J. Sponsor is not responsible for any expenses incurred in the production and delivery of the Photos.
K. Any Photo that does not comply with the above restrictions or any other requirement herein is subject to disqualification and Sponsor reserves the right at its sole discretion to remove any Photo if Sponsor receives notification about any potential infringements or breaches of law or any other reason set forth herein.
6. Determination of the winner: Prize winner will be chosen by a select panel of judges from all available entries received to LiveLoveArchstone@archstonemail.com. The winner will be determined based on the following criteria: visual interest (50%), content (25%) and creativity (25%). The winner will be announced on or about February 26, 2010 at www.LiveLoveArchstone.com.
7. Prizes: There will be one (1) Grand Prize awarded consisting of a round-trip flight for two on Southwest Airlines to Las Vegas (subject to a $800 airfare limit), a two-night stay in a Tower suite (double occupancy) at Treasure Island, a $127 massage at the new Oleksandra Spa & Salon, courtesy of Treasure Island and K-Hotels; and two (2) tickets to see Cirque du Soleil perform the show "Love." The current total approximate retail value of the prize is $2,065, although the actual value may vary based on lodging and ticket prices at the time the trip is booked and the departure location of the air travel. Only one prize per person.
The Grand Prize trip must be taken between March 1, 2010 and December 31, 2010 and the Grand Prize winner and his/her travel companion must be available to travel on any of those dates. The Grand Prize winner will be provided a voucher with a maximum limit of $800 for use in purchasing the airfare for the trip. All travel must be on Southwest Airlines and from an airport nearest to Grand Prize winner’s residence that Southwest Airlines services. Any airfare charges in excess of the $800 limit are the responsibility of the winner. The trip must be scheduled through Sponsor’s designated agency at least 10 days in advance of travel. Travel dates are subject to availability and other restrictions may apply. No changes will be made to travel details once any portion of travel arrangements have been made, except at Sponsor’s sole discretion. The guest of Grand Prize winner must travel with Grand Prize Winner on the same itinerary. Travel must originate from and end at the same airport. Sponsor will not be responsible for changes in schedule of any element of the Grand Prize, and will not be liable for any expenses incurred as a consequence of flight cancellation/delay. The Grand Prize winner and his/her travel companion may be required to provide appropriate government issued photo identification (such as a valid passport) at time of travel. The Grand Prize winner and his/her travel companion are solely responsible for determining and obtaining all necessary travel documents and other travel requirements. The Grand Prize Winner’s travel companion must be 18 years old or older. Complete trip details will be furnished with prize notification. All expenses associated with Grand Prize travel package not specifically described above shall be the sole responsibility of the Grand Prize winner and of his or her travel companion, including without limitation, local transportation, tips, and food and beverages.
As a condition of receiving the Grand Prize travel package, the Grand Prize winner may be required to complete, sign and have notarized an affidavit of eligibility, a liability release and, except where prohibited by law, a publicity release, which must be returned via mail or hand delivery within ten (10) business days of date of sender’s notification postmark. Failure of the Grand Prize winner to timely sign, notarize and return any required affidavit and release, or to claim a prize, or comply with any term or condition of these Official Rules, may result in disqualification, the forfeiture of his or her interest in the prize, and the award of the prize to a substitute Grand Prize winner based on the criteria in Section 6 above. The person traveling as a companion of the Grand Prize winner must also complete and return a liability and publicity release via mail or hand delivery within ten (10) business days of date of sender’s notification postmark before airline tickets or other components of the prize will be awarded.
8. Notification of winner. The winner will be notified by phone or email. If the winner does not respond within 14 days of the date appearing on the prize notification, or fails to comply with the instructions contained in the prize notification within that time period, Sponsor reserves the right to choose an alternate winner based on the criteria set forth in Section 6. Return of any prize notification as undeliverable will result in disqualification and selection of an alternate winner. The winner may be required to provide evidence of identity in connection with claiming the prize. In the event of a dispute in connection with the identity of the individual who submitted an entry, the entry will be deemed to have been submitted by the authorized account holder of the e-mail account from which the entry was sent. The authorized account holder is deemed to be the natural person who is assigned to an e-mail address by an Internet access provider, service provider, or other online organization that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. Multiple entries submitted by the same person will be disqualified.
9. All entries become the property of Sponsor and will not be acknowledged or returned. Sponsor is not responsible for lost, late, incomplete, invalid, illegible or misdirected entries or Photos, which will be disqualified; for technical failures of any kind, including, but not limited to, electronic malfunctioning of any network, hardware or software; any failed, incomplete, garbled or delayed computer transmissions or any combination thereof; or for any error, human, technical or otherwise; or any injury or damage to entrant’s or any other person’s computer related to or resulting from entering, participating in, or accessing or downloading information in connection with, this Contest. Sponsor reserves the right to modify, extend, suspend or terminate this Contest in it sole discretion with or without cause, and with or without notice.
10. Income and other taxes, if any, on the value of the prize are the sole responsibility of the winner. Sponsor may issue a Form 1099 to the winner for the approximate retail value of the prize for any prizes of $600 or more.
11. By accepting the prize, winner agrees that Sponsor may use winner’s name and likeness for editorial, advertising and publicity purposes, including without limitation, posting on Sponsor’s website, without further compensation, except where prohibited by law. By entering and/or by accepting the prize, each entrant agrees to release Sponsor Entities, their affiliates, and any of their directors, officers, employees and agents from any and all liability arising out of his/her participation in this Contest with respect to the awarding, receipt, use and/or misuse of any prize, or participation in any prize-related travel or other activity, including without limitation, personal injury, death, and property damage, and claims based on publicity rights, defamation, or invasion of privacy. Winner acknowledges that Sponsor does not make any warranties, express or implied, relating to the prize itself and that Sponsor expressly disclaims the implied warranties of merchantability and fitness for a particular use.
12. Entrants represent and warrant that their Photos are original to them (except for materials in the public domain or for which they have received written permission to use in accordance with Section 5.D.), that they do not infringe or violate any copyright, trademark or other intellectual property right or any privacy or right of publicity of any third party, and are not obscene, defamatory or otherwise in violation of any applicable law. Entrants agree to defend, indemnify and hold harmless Sponsor Entities from any and all losses, expenses, claims or liabilities arising out of a breach of this representation and warranty.
13. No substitution of prizes, including cash substitutions, will be permitted, except that Sponsor has the right in its sole discretion to substitute a prize of greater or equal value if the stated prize is not available. Prizes are not transferable.
14. Each entrant agrees that he/she shall not upload, post or transmit any materials to the Archstone website which contain any computer viruses, Easter eggs, worms, Trojan horses or other harmful component or programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
15. Sponsor reserves the right to disqualify any entrant found tampering with the entry process or with the operation of the Contest or who violates these Official Rules. Caution: any attempt by an entrant to deliberately damage or undermine the legitimate operation of the Contest may be in violation of criminal and civil laws and will result in disqualification of such entrant. Should such an attempt be made, Sponsor reserves the right to seek remedies and damages (including attorney’s fees) from any such entrant to the fullest extent of the law, including criminal prosecution.
16. This Contest is subject to all federal, state and local laws and regulations. Except where prohibited, entrants agree that: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of any entrant(s) or the Sponsor Entities shall be governed by and construed exclusively in accordance with the laws of the State of California without giving effect to any principles of conflicts of law of any jurisdiction. Entrants agree that any action at law or in equity arising out of or relating to this Contest, or awarding of the prizes, shall be filed only in the state or federal courts located in the State of California and entrants hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
17. Any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest but in no event attorneys’ fees; and entrant hereby waives all rights to claim punitive, incidental, and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. Some jurisdictions do not allow the limitations or exclusion of liability for incidental or consequential damages, so the above may not apply to you.
18. Names of products or manufacturers are used for purposes of prize description only and such use is not intended to suggest or imply the manufacturer’s sponsorship, endorsement, or the approval of this Promotion. All trademarks referenced herein are owned by their respective companies and do not imply or suggest that such companies endorse or support this Contest.
19. For a winner’s list, go to www.LiveLoveArchstone.com or send a stamped, self-addressed envelope after February 26, 2010 to: Archstone, Attention: Allison Walentowicz, 4157 Via Marina, 3rd Fl, Marina del Rey, CA 90292. Vermont residents may omit return postage.
20. The Sponsor: Archstone, 9200 East Panorama Circle, #400, Englewood, CO 80112