Terms & Conditions:
OFFICIAL RULES AND REGULATIONS
The Sammy Davis Vintage Gratefulness Friday Giveaway #3 begins on [April 8th, 2011] and ends on [12:01AM EST on April 10th, 2011].
Rules & Regulations
1. Entrants/Winners must be legal U.S. residents of the lower 48 states (not including Alaska and Hawaii) and at least 18 years old as of [April 1st, 2011].
2. HOW TO ENTER: To enter, [Leave a comment on the comment boards or Facebook comments of the Gratefulness Giveaway #3 contest blog post (http://sammydavisvintage) that answers the posed question “Describe a favorite fashion memory from childhood” ]
Link to the contest entry page can be found at sammydvintage.com . No purchase necessary.
(b) Content Requirements
Each Submission cannot:
1. Contain material that is violent, pornographic or otherwise obscene, illegal, or racially or morally offensive, as determined by Sammy Davis Vintage and/or designated sponsor;
2. Contain defamatory statements (including but not limited to words or symbols that are widely considered offensive to individuals of a certain race, ethnicity, religion, sexual orientation or socioeconomic group);
3. Include threats to any person, place, business, group or world peace;
4. Invade the privacy or other rights of any person, firm or entity;
5. Contain or refer to any unauthorized third party product by brand name;
6. Contain or refer to any unauthorized third party copyrights, trademarks, logos, or trade dress, or
7. Violate any law, rule, or regulation that may apply to the Contest, including but not limited to those concerning copyright, plagiarism, trademark, defamation and invasion of privacy.
3. PARTICIPATION: To participate in the Contest, you must (i) be a legal resident of the United States including the District of Columbia, (ii) be at least 18 years of age as of October 18th, 2010; (iii) go to the Sammy Davis web site (the “Contest Site”) and follow the instructions to register as a participant and complete and submit an entry as specified. Only one entry per person. Participants submitting multiple entries or violating any of these Official Rules may be disqualified. Submissions must be received by [March 28, 2011].
4. SELECTION OF WINNERS AND PRIZING: [The 3 winners will be randomly selected using random.org between April 11th, 2011 and April 12th, 2011. Each winner will receive one piece of vintage as posted on the Contest blog post page. Average Retail Value of the prize is $45. Results can be verified by visiting the random.org website.]
[Winners must be willing to provide their full name, address, and phone number. They will be contacted via email or Facebook and have 4 days to respond. If the winner has not responded within 4 days, another winner will be selected via random.org.]
The Prize will be shipped directly to the entrant as soon as possible after receiving shipping information from the winner, usually within 3-5 days. Prize will be shipped via standard USPS shipping unless indicated otherwise. The cost of shipping is borne by Sammy Davis Vintage. Sammy Davis Vintage is not responsible for shipping circumstances as such that do not normally occur, but occasionally happen out of her direct control. Cash Value of individual prize is deemed to be the current suggested retail price.
5. PUBLICITY/COPYRIGHT LICENSE: Photos become both the property of Sammy Davis which has the right, without further consideration, to modify and/or use them in its catalog, website and in any other publication for promotional purposes. Other than any materials provided by Sammy Davis and/or designated sponsor the intellectual properties owned or controlled by Sammy Davis and/or designated sponsor, Entrant retains all ownership rights in their own Submission. However, by making a Submission, Entrant grants Sammy Davis and/or designated sponsor a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, publish, reproduce, distribute, prepare derivative works of, modify, edit, display, and perform the Submissions in connection with the Contest, including without limitation for promoting the Contest and Sammy Davis and/or designated sponsor’s products and services in any media formats and through any media channels in perpetuity. Entrants shall not be entitled to notification, right of approval, or additional compensation of any kind for use of either Submission pursuant to this license. Neither sammydavisvintage.com nor its designated sponsor nor any of their agents, employees, parents, affiliates or subsidiaries are responsible for lost, late, damaged, misdirected, incomplete, postage due mail, for hardware or software or any telephone, electronic, network or computer malfunctions, failures, errors or data inaccuracies.
6. REPRESENTATIONS AND WARRANTIES: Entrants, by participating in the contest agrees and covenants for themselves, their heirs, executors, administrators, and anyone else who may assert claims on their behalf, to hold harmless and to waive any and all claims of liability against sammydavisvintage.com and their parent, subsidiary and affiliated companies and agencies, sponsors, representatives, volunteers, employees, subsidiaries, suppliers, agents, independent contractors, and all other individuals and entities in any way assisting or connected with the contest from any and all claims and liability of whatever kind or nature including accident, loss or injury arising from the contest or in any way related to any contest prizes that may exist or the use or misuse thereof.
7. GENERAL CONDITIONS: Sammy Davis reserves the right to cancel or modify all or part of the Contest if fraud, technical failures or any other factor beyond Sammy Davis’s reasonable control impairs the integrity of the Contest, as determined by Sammy Davis in its sole discretion. In such event, Sammy Davis reserves the right to award the prizes at random from among the eligible entries received up to the time of the impairment. Sammy Davis reserves the right, in its sole discretion, to disqualify any individual it finds to be tampering with the entry process or the operation of the Contest or to be acting in violation of these Official Rules or any other Contest, or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately damage any web site or undermine the legitimate operation of the Contest is a violation of criminal and civil law, and, should such an attempt be made, Sammy Davis reserves the right to seek damages from any such person to the fullest extent permitted by law. Sammy Davis’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
8. RELEASE: By receipt of any prize, winner agrees to release and hold harmless Sammy Davis and/or designated sponsor, its parents, subsidiaries, affiliates, related companies, promotional partners, and each of their respective officers, directors, employees, and agents (collectively the “Released Parties”) 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, including without limitation personal injury, death, and/or property damage, as well as claims based on publicity rights, defamation, and/or invasion of privacy.
9. LIMITATIONS OF LIABILITY: The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrants, printing 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 entry process of the Contest; (4) technical or human error which may occur in the administration of the Contest or the processing of entries; (5) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through the Website by any third party; 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 of any prize. If for any reason an Entrant’s entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another entry in the Contest, provided that, if it is not possible to award another entry due to discontinuance of the Contest for any reason, Sammy Davis, in its sole discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any or all of the prizes offered herein. No more than the stated number of prizes will be awarded. In the event that production, technical, seeding, programming or any other reasons cause more than the stated number of prizes as set forth in these Official Rules to be available and/or claimed, Sponsor reserves the right to award only the stated number of prizes by a random drawing among all legitimate, un-awarded, eligible prize claims.
By participating in the Contest, Entrants agrees to indemnify and hold the Released Parties harmless from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) all matters related to Entrant’s participation in the Contest; (ii) Entrant’s use of and access to the Website; (iii) Entrant’s violation of any provision of these Official Rules; (iii) Entrant’s violation of any third party right, including without limitation any copyright, property, or privacy right; and (iv) any claim that Entrant’s Submission caused damage to a third party.
10. DMCA COPYRIGHT INFORMATION: Sammy Davis and/or designated sponsor expressly disclaims any and all liability in connection with Submissions. Sammy Davis and/or designated sponsor does not permit copyright infringing activities and infringement of intellectual property rights on the Web Site, and Sammy Davis will remove all Submissions if properly notified that such Submission infringes on another’s intellectual property rights. Sammy Davis and/or designated sponsor reserves the right to remove Submissions without prior notice. Sammy Davis will also terminate an Entrant’s access to the Web Site if Entrant is determined to be, in the sole discretion of Sammy Davis, a repeat infringer.
Infringement Notification Procedure. If you are a copyright owner or an agent thereof and believe that any Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing Sammy Davis’s Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
– A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
– Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
– Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
– Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
– A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
– A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Sammy Davis Vintage’s designated Copyright Agent to receive notifications of claimed infringement is: Christopher Doherty, P.O. Box 5035, Astoria, NY 11105, 213-537-9219 (Tel), [email protected] (e-mail). For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to [email protected] You acknowledge that if you fail to comply with all of the requirements of this Section 11, your DMCA notice may not be valid.
Counter-Notice. If an Entrant has his/her Submission removed under the above take-down procedure, and believes that the Submission is not infringing, the Entrant may send a counter-notice containing the following information to the Copyright Agent:
– Your physical or electronic signature;
– Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
– A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
– Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in New Jersey, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, Sammy Davis Vintage may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Sammy Davis’s sole discretion.
Entrant agrees that: (i) any and all disputes, claims and causes of action arising out of or connected with this Contest 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, 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 Contest but in no event attorneys’ fees; and (iii) under no circumstances will entrant be permitted to obtain awards for 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. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sammy Davis and/or designated 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.
12. WINNERS’ LIST:
For a list of the Contest winners, send a self addressed stamped envelope to: Sammy Davis Gratefulness Giveaway #3 List P.O. Box 5035, Astoria, NY, 11105. Winners list requests must be postmarked by [June 1st, 2011].