Movember 2011 Contest Official Rules
NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
1. Eligibility: Google Chrome Movember Fundraiser Contest (the “Contest”) is open only to legal residents of the fifty (50) United States and the District of Columbia who are at least eighteen (18) years old at the time of entry. Employees of Federated Media Publishing, Inc., Hosting Websites (defined below), Movember Foundation, ePrize, LLC, and any of their parent and affiliate companies as well as the immediate family (spouse, parents, siblings and children) and household members of each such employee are not eligible. The Contest is subject to all applicable federal, state, and local laws and regulations and is void where prohibited.
3. Agreement to Official Rules: Participation in this Contest constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor’s and Administrator’s decisions, which are final and binding in all matters related to this Contest. Winning a prize is contingent upon fulfilling all requirements set forth herein.
4. Timing: The Contest begins on October 28, 2011 at 12:00 a.m. Eastern Time (“ET”) and ends on December 9, 2011 at 11:59 p.m. ET (the “Contest Period”). Movember Foundation’s computer is the official time-keeping device for the Contest.
5. How to Enter: During the Contest Period, visit the websites Art of Manliness, or the Thought Catalog (“the Hosts”) at http://www.artofmanliness.com/
6. Winner Determination: After the conclusion of the Contest Period, Sponsor will review the total amount of donations each registrant was able to collect during the Contest Period on each teams (Art of Manilessness – USA and Thought Catalog). The registrant with the largest total donation amount for each team will be a potential Grand Prize winner. In the event of a tie amongst registrants on a particular team, the registrant whose total donation amount came from more unique donations will be deemed the potential winner from those tied. Sponsor reserves the right to select fewer than the stated number of winners, if, in its sole discretion, it does not receive a sufficient number of eligible and qualified registrations.
7. Winner Requirements: Administrator will notify the potential winners by email on or around December 15, 2011. Potential winners will be required to provide a valid mailing address for prize fulfillment purposes (no P.O. Boxes permitted) within five (5) days of the date notice or attempted notice is sent, in order to claim the prize. If a potential winner cannot be contacted, does not provide a valid mailing address within the required time period, does not comply with these Official Rules, or prize is returned as undeliverable, potential winnerforfeits the prize. If a potential winner is disqualified for any reason, the applicable prize may be awarded to a runner-up registrant who has collected the next largest total donation amount, in Sponsor’s sole discretion. Up to three (3) alternate winners may be determined, after which the applicable prize will remain unawarded. Acceptance of any prize shall constitute and signify each winner’s agreement and consent that Sponsor and its designees may use the winner’s name, city, state, likeness, My Mo Space Profile information, and/or prize information in connection with the Contest for promotional, advertising or other purposes, worldwide, in any and all media now known or hereafter devised, including the Internet, without limitation and without further payment, notification, permission or other consideration, except where prohibited by law. Prizes will be fulfilled 8-10 weeks after the conclusion of the Contest.
ONE (1) ART OF MANLINESS GRAND PRIZE: Saddleback leather travel case filled with an assortment of shaving materials. All components will be determined by Sponsor in its sole discretion. Approximate Retail Value (“ARV”): $400.
ONE (1) THOUGHT CATALOG GRAND PRIZE: An iPad® (16 GB, Wi-Fi only). ARV: $499.
For All Prizes: The ARV of electronic prizes is subject to price fluctuations in the consumer marketplace based on, among other things, any gap in time between the date the ARV is estimated for purposes of these Official Rules and the date the prize is awarded or redeemed.
Prizes are non-transferable and no substitution will be made except as provided herein at the Sponsor’s sole discretion. Sponsor reserves the right to substitute a prize for one of equal or greater value if the designated prize should become unavailable for any reason. Winners are responsible for all taxes and fees associated with prize receipt and/or use.
9. Release: By receipt of any prize, winners agree to release and hold harmless the Sponsor, Hosts, Movember Foundation, Administrator and their respective subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and prize suppliers, and each of their respective parent companies and each such company’s officers, directors, employees and agents (collectively, the “Released Parties”) from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Contest or receipt or use or misuse of any prize.
10. General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Contest, or any part of it, if any fraud, technical failures or any other factor impairs the integrity or proper functioning of the Contest, as determined by Sponsor in its sole discretion. If terminated, Sponsor may, in its sole discretion, determine the winners from among all non-suspect, eligible registrations received up to time of such action using the judging procedure outlined above. Sponsor, in its sole discretion, reserves the right to disqualify any individual it finds to be tampering with the registration or donation process or the operation of the Contest or to be acting in violation of the Official Rules of this or any other promotion or in an unsportsmanlike or disruptive manner and void all associated donations. Any attempt by any person to deliberately undermine the legitimate operation of the Contest may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages and other remedies (including attorneys’ fees) from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
11. Limitations of Liability: Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrant, printing, typographical or other errors or by any of the equipment or programming associated with or utilized in the Contest; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the registration process or the Contest; (4) printing, typographical,technical, computer, network or human error which may occur in the administration of the Contest, the uploading, the processing or judging of registrations, the announcement of the prizes or in any Contest-related materials; (5) late, lost, undeliverable, damaged or stolen mail; or (6) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Contest or receipt or use or misuse of any prize (including any travel/activity related thereto). Released Parties are not responsible for misdirected or undeliverable donations or for any technical problems, malfunctions of computer systems, servers, providers, hardware/software, lost or unavailable network connections or failed, incomplete, garbled or delayed computer transmission or any combination thereof.
12. Disputes: Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the Eastern District of Michigan (Southern Division) or the appropriate Michigan State Court located in Oakland County, Michigan; (2) 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 (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, 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. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of Michigan without giving effect to any choice of law or conflict of law rules (whether of the State of Michigan or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Michigan.
14. Winner List: For a winner list, visit http://bit.ly/t0Wam3. The winner list will be posted after winner confirmation is complete.