OFFICIAL RULES
NO PURCHASE NECESSARY. VOID WHERE PROHIBITED.
A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING.
1. PERIOD: The Contest will be comprised of six (6) sub-promotions to be scheduled as follows: i) begins at 12:00am Eastern Time (ET) on May 1, 2013 and ends at 11:59pm ET on May 31, 2013 (“Sub-Promotion One”); ii) begins at12:00am ET on June 1, 2013 and ends at 11:59pm ET on June 30, 2013 (“Sub-Promotion Two”); iii) begins at 12:00am ET on July 1, 2013 and ends at 11:59pm ET on July 31, 2013 (“Sub-Promotion Three”); iv) begins at 12:00am ET on August 1, 2013 and ends at 11:59pm ET on August 31, 2013 (“Sub-Promotion Four”); v) begins at 12:00am ET on September 1, 2013 and ends at 11:59pm ET on September 30, 2013 (“Sub-Promotion Five”); vi) begins at 12:00am ET on October 1, 2013 and ends at 11:59pm ET on October 31, 2013 (“Sub-Promotion Six”) (together, the “Contest Period”).
2. ELIGIBILITY: The Contest is open only to legal residents of the fifty (50) United States, Washington D.C., and Canada (excluding residents of the Province of Quebec) who are of legal age of majority in their jurisdictions of residence (and at least eighteen (18) years of age in the U.S.) as of the date of entry with a valid e-mail address and Internet access as of April 1, 2013. Void in the Province of Quebec and where prohibited by law, rule or regulation.. Directors, employees, and the immediate family (spouse, parent, sibling, children, grandparent or grandchildren) and/or household members of individuals employed by Bigelow Tea, the YES Network and all of their respective parents, subsidiaries, affiliates, directors, officers, employees, advertising and promotional agencies, are ineligible to participate.
3. CONTESTANT ENTRY: Visit the YES Network homepage at yesnetwork.com or click through the link in the Contest email during the pertinent Sub-Contest Period and upload a photo pertaining to that month’s Sub-Promotion challenge. (See table below for Sub-Promotion details). Limit one (1) entry per person, per Sub-Promotion. (A Facebook profile may be required to enter.) This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook.
REQUIREMENTS OF PHOTOS: Submitted entries must be entrant’s own original work and in keeping with the Sponsor’s image, and be in good taste, as determined by Sponsor in its sole discretion. Entry may not contain, as determined by the Sponsor, in its sole discretion, any content that:
• is sexually explicit or suggestive; unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group; profane or pornographic; contains nudity;
• promotes alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing); promotes any activities that may appear unsafe or dangerous; promotes any particular political agenda or message;
• is obscene or offensive; endorses any form of hate or hate group;
• appears to duplicate any other submitted entries;
• defames, misrepresents or contains disparaging remarks about Sponsor, its products or services, or other people or companies;
• contains trademarks, logos, or trade dress (such as distinctive packaging or building exteriors/interiors) owned by others, without permission; contains any personal identification, such as license plate numbers, personal names, e-mail addresses or street addresses;
• contains copyrighted materials owned by others (including photographs, sculptures, paintings, and other works of art or images published on or in websites, television, movies or other media), without permission;
• contains materials embodying the names, likenesses, voices, or other indicia identifying any person, including, without limitation, celebrities and/or other public or private figures, living or dead, without permission;
• contains look-alikes of celebrities or other public or private figures, living or dead;
• communicates messages or images inconsistent with the positive images and/or good will with which Sponsor wishes to associate; and/or
• violates any law.
Sponsor is not responsible for lost, late, ineligible, damaged or misdirected entries or any typographical or other errors in the entry postcards, printing of the offer, administration of the Contest or in the announcement of the prize. Incomplete entry forms will be considered void.
4. CONTEST DETAILS: Contestants will be asked to submit photos that, in their opinion, represents the “Best” in a variety of categories (see Table 1 below for details). Contestant Submissions will be judged in accordance with the following criteria: i) Creativity (35%); ii) Originality (35%); Exhibition of team spirit (30%). The twelve (12) photos (two (2) from each Sub-Promotion) that receive the highest scores (will be deemed the winners (together, the “Potential Winner”) and will be included in a photo album on the YES Network Facebook page. (See Table 2 below for judging and prize-award dates.) (Sponsor reserves the right, in its sole discretion, to alter the Contest if necessary. (All photos submitted to the Contest become the property of Sponsor to be used in accordance with Sponsor’s Privacy Policy (see link in Para. 7 below), including use on-air and on social-media platforms, and will not be returned.)
Table 1 |
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Sub-Promotion |
Start/End Dates |
Photo Category |
Sub-Promotion One |
May 1 to May 31, 2013 |
Best Team Pride |
Sub-Promotion Two |
June 1 to June 30, 2013 |
Best At the Ballpark |
Sub-Promotion Three |
July 1 to July 31, 2013 |
Best Team Tattoos |
Sub-Promotion Four |
August 1 to August 31, 2013 |
Best Family Photos |
Sub-Promotion Five |
September 1 to September 30, 2013 |
Best Away Game Photos |
Sub-Promotion Six |
October 1 to October 31, 2013 |
Best Man Cave |
Table 2 |
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Winners for |
Will be selected |
And will receive... |
One and Two |
June 1, 2013 |
One (1) Bigelow tea basket, one (1) YES T-shirt |
Three and Four |
July 1, 2013 |
One (1) Bigelow tea basket, one (1) YES T-shirt |
Five and Six |
August 1, 2013 |
One (1) Bigelow tea basket, one (1) YES T-shirt |
Seven and Eight |
September 1, 2013 |
One (1) Bigelow tea basket, one (1) YES T-shirt |
Nine and Ten |
October 1, 2013 |
One (1) Bigelow tea basket, one (1) YES T-shirt |
Eleven and Twelve |
November 2013 |
One (1) Bigelow tea basket, one (1) YES T-shirt |
The Potential Winner must comply with all terms and conditions of these Official Rules, and winning a prize is contingent upon fulfilling all requirements. The Potential Winner will be required to sign and return an Affidavit of Eligibility and Liability/Publicity Release within 24 hours of the date of notice in order to claim his/her prize and become an official winner (“Official Winner”). If a Potential Winner cannot be contacted, or fails to sign and return the Affidavit of Eligibility and Liability/Publicity Release within the required time period, the Potential Winner forfeits the Prize. In the event that a Potential Winner is disqualified for any reason, Sponsors will award the Prize to an alternate Potential Winner by random drawing from among all remaining eligible entries received. Odds of winning depend on the total number of eligible entries received during the Contest Period.
5. PRIZE(S): The Contest Prize(s) is/are as follows:
FIRST PRIZE(S) (10): Twelve (12) First Prize winners (two (2) winners for each of the six (6) months of the Contest Period) will each receive the following: i) one (1) Bigelow tea basket (Approximate Retail Value (ARV) of each basket: $59.95.); and ii) one (1) YES Network shirt (Approximate Retail Value (ARV) of each: $29.97.
Total ARV of Contest Prizes: $1,079.04.
Official Winner(s) will be responsible for all federal, state and local taxes and fees and other expenses associated with Prize receipt and/or use that are not expressly included in the Prize description. No cash or other substitution, assignment or transfer of any prizes permitted, except by Sponsors, who reserve the right to substitute Prize or prize component with cash or another prize of comparable or greater value. Sponsors are solely responsible for providing elements of Prize to Official Winner.
6. PRIZE RESTRICTIONS: All Prizes subject to availability. No substitution or cash equivalent of prize permitted, except at sole discretion of Sponsor. Sponsor may substitute a prize of equal or greater value. No prize transfers permitted, except at Sponsor’s discretion. Winner is solely responsible for any expenses and any other costs not described as part of the prize. Federal, state and local taxes are the responsibility of winners.
7. PUBLICITY/PRIVACY POLICY: Except where prohibited, participation in the Contest constitutes Winners’ consent to Sponsor and its parent, subsidiary and affiliated companies to use his/her name, likeness, photograph, voice, opinions, biographical information, hometown and state for promotional purposes in any media without further payment or consideration. Such publicity shall be conducted in accordance with YES Network’s Privacy Policy, which can be viewed at web.yesnetwork.com/about/privacy.jsp
8. GENERAL CONDITIONS: Sponsor reserves the right to cancel or modify the Contest if fraud, technical failures or any other factor beyond Sponsor’s reasonable control impairs the integrity of the Contest, as determined by Sponsor in its sole discretion. In such event, Sponsor reserves the right to award the Prizes at random from among the eligible entries received up to the time of the impairment. Sponsor reserves the right in their sole discretion to disqualify any individual they find to be tampering with the entry process or the operation of the Contest or to be acting in violation of these Official Rules, or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately damage any website or undermine the legitimate operation of the Contest is a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages 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. WINNERS AND ENTRANTS RELEASE, DISCHARGE, AND AGREE TO INDEMNIFY AND HOLD HARMLESS, THE YES NETWORK, FACEBOOK, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS AND REPRESENTATIVES FROM AND AGAINST ANY LIABILITY FOR ANY DAMAGES, INJURY OR LOSSES, TO ANY PERSON (INCLUDING DEATH), OR PROPERTY, OF ANY KIND RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY FROM ACCEPTANCE, POSSESSION, MISUSE OR USE OF ANY PRIZE OR PARTICIPATION IN ANY CONTEST RELATED ACTIVITY OR PARTICIPATION IN THIS CONTEST.
9. RELEASE/LIMITS OF LIABILITY: By entering this Contest, each Entrant agrees to release and hold harmless Bigelow Tea, the YES Network, Facebook, their parents, affiliates, subsidiaries, officers, directors, shareholders, agents, employees and all others associated with the development and execution of this Contest from and against any losses, damages, rights, claim or cause of action of any kind arising, in whole or in part, directly or indirectly, out of participation in the Contest or resulting directly or indirectly, from acceptance, possession, use, or misuse of any Prize awarded in connection with the Contest, including without limitation personal injury, death, and/or property damage, as well as claims based on publicity rights, defamation, and/or invasion of privacy.
10. DISPUTES: Each Entrant agrees that: (i) any and all disputes, claims and causes of action arising out of or connected with this Promotion, or any prizes awarded, shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the District of New York or the appropriate New York State Court located in New York; (ii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Promotion but in no event attorneys' fees; and (iii) under no circumstances will entrants be permitted to obtain awards for and entrants hereby waive 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. 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 New York, without giving effect to any choice of law or conflict of law rules (whether of the State of New York or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York.
11. CONTEST SPONSOR(S): YES Network, 805 Third Ave, 30th Floor, New York, NY 10022.
12. WINNERS’ LIST: For the names of the Prize Winners or a copy of these Official Rules, please send a self-addressed, stamped envelope to: YES Network Photo Contest c/o YESNetwork.com, 805 Third Ave, 30th Floor, New York, NY 10022 by October 31, 2013.