WHIRLPOOL CORPORATION ONESTEPSTORIES.COM CONTEST
NO PURCHASE NECESSARY TO ENTER, WIN OR CLAIM A PRIZE.
OPEN ONLY TO WHIRLPOOL CORPORATION GOOD-STANDING FULL AND PART-TIME EMPLOYEES, THE EMPLOYEES’ SPOUSES/DEPENDENTS, TEMPORARY WORKFORCE MEMBERS AND GOOD-STANDING INDEPENDENT CONTRACTORS WHO ARE LEGAL RESIDENTS OF THE 50 UNITED STATES, THE DISTRICT OF COLUMBIA, AND PUERTO RICO, WHO ARE AT LEAST 18 YEARS OLD AT THE TIME OF ENTRY.
VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
- CONTEST PERIOD: The Contest begins on February 8, 2016 at 12:00:00 PM (noon) Eastern Time (“ET”) and ends on June 17, 2016 at 11:59:59 PM ET (the “Contest Period”). During the Contest Period, there will be:
- The “Entry Phase” starts on February 8, 2016 at 12:00:00 PM (noon) ET and ends on April 4, 2016 at 11:59:59 PM ET; and
- The “Judging/Voting Phase” starts on April 5, 2016 at 12:00:00 AM (midnight) ET and ends on April 18 , 2016 at 11:59:59 PM ET; and
- The “Production Phase” which starts after the winners are notified, on or about April 19, 2016, and ends on June 13, 2016 at 11:59:59 PM ET.
There will be a celebration for the Grand Prize Winners, defined below, celebration on or about the week of June 13, 2016. Sponsor reserves the right to change the date of the celebration in its sole and absolute discretion. The independent agency judging the Contest (the “Administrator”) will keep the official Contest clock.
- ELIGIBILITY: The Contest is offered only to good-standing full and part-time employees, employees’ spouses/dependents, temporary workforce members and good-standing independent contractors who are legal residents of the 50 United States, the District of Columbia, and Puerto Rico, who are at least 18 years old at the time of entry (“Contestant”). Contestants must maintain their eligibility through the end of the public celebration. Void outside of the 50 United States/District of Columbia/Puerto Rico and where prohibited or restricted by law. All federal, state and local laws apply.
Participation constitutes Contestant’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 the Contest. Receiving a prize is contingent upon fulfilling all requirements set forth herein.
- HOW TO ENTER THE CONTEST: During the Entry Phase, a Contestant may enter the Contest by visiting www.onestepstories.com (the “Website”). The Contestant must then enter his valid e-mail address. If it is the Contestant’s initial visit to the Website, he/she will must accurately complete the registration forms and confirmation that the individual has read and agrees to be bound by these Official Rules. Contestant had a meaningful change in his/her life which story will inspire others at Whirlpool to find a path towards a better tomorrow. The word limit for the story may not exceed 3,000 words as determined by Sponsor in its sole and absolute discretion.
Upon fully completing and submitting the registration form, the Contestant will be required to submit a photograph of himself/herself relating to the change in his/her life (“Entry”).
Entry Limit: Each Contestant may submit one (1) Entry. A Contestant may nominate another person but that person must eligible to enter this Contest under these Official Rules and must enter the Contest by himself/herself.
By entering, each Contestant warrants and represents the following with respect to his/her Entry: (a) the Entry is 100% original and Contestant’s own creation; (b) the Entry does not and will not infringe on any rights of any third parties; and (c) that Contestant has not and will not take any action that interferes with the rights granted to Sponsor under these Official Rules. By submitting an Entry, Contestant hereby grants permission for the Entry to be posted on the Sponsor’s website or other website for public view.
Sponsor is not responsible for late or unsuccessful attempts to enter. The Entrant should be able to provide on request all appropriate clearances, permissions and releases for the Entry, including releases from the submitting Contestant and any third parties appearing in the Entry. Incomplete, corrupted, untimely, or unintelligible entries will be disqualified. If for any reason a Contestant’s entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, Contestant's sole remedy is another entry in the Contest. Sponsor reserves the right to determine in its sole discretion which entries have satisfied the entry requirements. ELIGIBLE CONTESTANTS MUST SUBMIT THEIR ENTRY IN ACCORDANCE WITH THESE OFFICIAL RULES. NO OTHER METHOD OF ENTRY WILL BE ACCEPTED.
By uploading an Entry, each Contestant agrees that the Entry conforms to the Official Rules, including but not limited to, the Entry Guidelines and Requirements as defined in Section 4 (collectively, the "Guidelines and Requirements"). Sponsor may remove a Contestant’s Entry and disqualify any Contestant from the Contest if Sponsor believes, in its sole and absolute discretion, that an Entry fails to conform to the Guidelines and Requirements or any other element of these Official Rules. If Sponsor rejects any Entry, in its sole and absolute discretion, such Entry will not appear on the Website and will not be considered a valid Entry.
- ENTRY GUIDELINES AND REQUIREMENTS:
- Each Entry must be in English;
- Photographs must be in one of the following file formats: .jpg, .png, .pdf., and .tiff;
- Each photograph file must not exceed 10 MB;
- The Entry must not include any personally identifiable information in the photograph;
- The Entry must not have been submitted previously in a promotion or contest of any kind and has not been exhibited or distributed currently or previously in any media;
- The Entry must not contain, facilitate, reference, or use material that is fraudulent, inappropriate, indecent, lewd, pornographic, obscene, hateful, tortious, defamatory, slanderous or libelous;
- The Entry must not contain, facilitate, reference, or use, material that promotes, suggests, or encourages:
- gambling, including without limitation, any content related to online casinos, sports books, bingo or poker;
- the use of firearms/weapons/ammunition, any prostitution, pornography, nudity, profanity or other adult content, violence, or any violation of Whirlpool Corporation policies (including, but not limited to the Whirlpool Corporation employee Substance Abuse Policy);
- the taking up of arms against any person, government or entity or otherwise challenge or seek to overthrow any government; or
- Any other content deemed inappropriate by Sponsor.
- The Entry must not contain any viruses, spyware, malware, or other malicious components that are designed to harm the functionality of a computer in any way;
- The Entry must not contain, facilitate, reference, or use material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, ethnicity, religion, nationality, disability, sexual orientation, political orientation, citizenship, ancestry, marital status, or age;
- The Entry must not promote terrorist acts such as providing instructions on how to assemble bombs, grenades and other such weapons or provide instructional information about illegal activities;
- The Entry must not defame, misrepresent or contain disparaging or slanderous remarks about Sponsor, its customers or its products, or other people, products or companies;
- The Entry must not contain trademarks, logos or trade dress owned by others (except Sponsor's trademarks, logos or trade dress), or advertise or promote any brand or product of any kind (except Sponsor's products), without permission, or contain any personal identification of third parties, such as license plate numbers, personal names, e-mail addresses or street addresses;
- The Entry must not communicate messages or images inconsistent with the positive images and/or goodwill to which Sponsor wishes to associate; and
- The Entry must not contain material that is unlawful, in violation of or contrary to the laws or regulations in any jurisdiction where Entry is created.
NOTE: If any Entry fails to comply with any of these Entry Guidelines and Requirements or any other provisions of these Official Rules, Sponsor/Administrator reserve the right, in its sole discretion, to disqualify the Contestant and the Entry will not be eligible to win.
If a photograph is not appropriate, the Sponsor may contact the Entrant by e-mail and request a replacement photograph. The replacement photograph must be submitted within three (3) business days from the date of the request or the Entrant may be disqualified.
- SPONSOR’S IP AND GENERAL ENTRY TERMS: Sponsor grants Contestants a limited, revocable, non-sublicensable license to use Sponsor’s name, product, trademarks and logos (collectively, “Sponsor’s IP”) for the sole purpose of participating in this Contest. Contestants are not permitted to make any further use of Sponsor’s IP for any purpose whatsoever. In addition, Contestants recognize that all rights, title, and interest (including associated goodwill) in Sponsor’s IP shall vest exclusively in and to the Sponsor, and hereby assigns the same to Sponsor to the extent not otherwise vesting in and to Sponsor, and Contestant agrees that he or she has not and will not take any action that might harm or adversely affect such rights. No right, title, or interest in and to the Sponsor’s IP except for the limited license granted to Contestant in these Official Rules is transferred or created. Each Contestant further acknowledges and agrees that Sponsor’s IP rights are valid and enforceable, and that Contestant shall do nothing to challenge the validity or enforceability of Sponsor’s IP in any forum. Contestants agree that the use of Sponsor’s IP is permitted only for the purpose of making an Entry in this Contest, and that any use of Sponsor’s IP (whether in the Entry or otherwise) beyond this scope infringes the rights of Sponsor and will result in irreparable harm to Sponsor.
By submitting an Entry, you agree that your Entry is gratuitous and made without restriction, and will not place Sponsor under any obligation. You also agree that Sponsor is free to disclose the ideas contained in the Entry on a non-confidential basis to anyone or otherwise use the ideas without any additional compensation to you. You acknowledge that, by acceptance of your Entry, Sponsor does not waive any rights to use similar or related ideas previously known to Sponsor, or developed by its employees, or obtained from sources other than you. Sponsor reserves the right to, and may or may not, monitor/screen Entry. By entering, you acknowledge that Sponsor has no obligation to use or post any Entry.
CONTESTANTS HEREBY AGREE THAT A SUMMARY OF THE ENTRY DRAFTED AND POSTED BY THE SPONSOR ON ITS PUBLIC WEBSITES. THIS SUMMARY WILL NOT HAVE ANY IMPACT ON JUDGING THE ENTRY. Any waiver of any obligation hereunder by Sponsor does not constitute a general waiver of any obligation to entrants. Sponsor reserves the right to waive the Contest entry requirements set forth herein in its reasonable discretion. By entering, you acknowledge that (a) Sponsor has no obligation to consider, use or post any Entry you submit and (b) Sponsor makes no offer of employment in connection with the Contest.
Each Contestant retains ownership of his/her Entry. Each Contestant hereby grants to Sponsor and its affiliated companies and designated agents a non-exclusive, transferable, perpetual, irrevocable, royalty free, unconditional, fully paid license and right (a) post and to make, have made, use, copy, reproduce, modify, and create derivative works of any materials provided by the Contestant with the Contestant’s Entry or otherwise through the Contest (“Contest Materials”), (b) to publicly perform or display, import, broadcast, transmit, distribute (directly and indirectly), license, offer to sell and sell, rent, lease, or lend copies of the Constant’s Entry (and derivative works thereof), and (c) to sublicense to third parties the foregoing rights, including the right to sublicense to further third parties. Additionally each Contestant and Nominee consents to the use of the name, statements, photographs, videos, voice recordings and likenesses of himself/herself and any other person appearing in the Contest Materials for publicity purposes, as well as any other purpose associated with the Contest.
Once an Entry is entered into the Contest, any such posting will be deemed made at the direction of the Contestant and Nominee within the meaning of the Digital Millennium Copyright Act and the Communications Decency Act. EACH CONTESTANT AND NOMINEE REPRESENTS, UNDERSTANDS AND ACKNOWLEDGES THAT HE/SHE WILL NOT BE PAID FOR OR RECEIVE ANY FORM OF COMPENSATION OR ROYALTY (OTHER THAN A PRIZE STATED HEREIN IF SELECTED AS A WINNER) IN EXCHANGE FOR GRANTING SPONSOR THE NON-EXCLUSIVE LICENSE RIGHTS OR FOR ANY SUBSEQUENT USE OF SUCH ENTRY BY SPONSOR. If requested, Contestant and Nominee will sign any documentation that may be required for Sponsor or its designees to make use of the non-exclusive rights Contestant and Nominee is granting to use the Entry.
Ownership of Entry will remain with the Contestant unless the Contestant and/or Nominee is declared to be the Grand Prize Winner and signs the Affidavit of Eligibility/Liability & Publicity Release as set forth below, in which case Sponsor shall be assigned all ownership rights (including all intellectual property rights) in the Entry, including, but not limited to making a video about the Entry during the Production Phase (the “Video”). The Contestant and Nominee hereby waive in favor of Sponsor all rights of “Droit Moral” or “Moral Rights of Authors” or any similar rights or principles of law that each Contestant or Nominee may now or later have to the Video.
- JUDGING/VOTING PHASE AND SELECTION OF THE GRAND PRIZE WINNERS: During the Judging/Voting Phase, all eligible Entries will be judged by qualified Judges selected by Sponsor. The Judges will score each Entry according to the following weighted criteria (“Judging Criteria”):
- Impact of the Story on the Contestant’s Life: 50%;
- Engagement in Whirlpool Benefits as a Factor in the Contestant’s Personal Life Change: 25%: and
- Depth of the Contestant’s Story with Respect to Holistic Wellbeing (i.e. (affecting physical, financial, career, community, and social wellbeing): 25%.
The Contestant or Nominee whose story is told in the three (3) Entries that receive the highest overall score from the Judges based on the Judging Criteria (“Judge’s Score”) will be deemed a potential “Grand Prize Winner”. In the event of a tie, Contestant or Nominee whose story is told in the Entry with the highest score in: “Impact of the Story on the Contestant’s Life” will be named the potential Grand Prize Winner. In no event will there be more than three (3) Grand Prize Winners. All potential Grand Prize Winners are subject to review of eligibility and confirmation of their compliance with these Official Rules. If any Grand Prize Winner is found to be ineligible or does not comply with these Official Rules, he/she will be disqualified and the Entry with the next-highest Judge’s Score will be named a potential Grand Prize Winner. Decisions of the Judges are final and binding. In the event of a dispute as to any Entry or as to the identity of a Contestant based on an e-mail address, the Grand Prize winning Entry will be declared made by the authorized account holder (determined at the time the Entry is submitted) of the e-mail address associated with the registration information provided to make the Entry. The "authorized account holder" is defined as the natural person who is assigned an e-mail address by an Internet access provider, online service provider or other organization responsible for assigning e-mail addresses for the domain associated with the submitted email address. Each Contestant may be required to show proof of being an authorized account holder.
After being declared to be a potential Grand Prize Winner, the Grand Prize Winner agrees to assist the Sponsor in making the Video during the Production Phase.
- PRIZES AND APPROXIMATE RETAIL VALUE ("ARV"): Each Grand Prize Winner and his/her guest (the “Guest”) will receive a trip to Benton Harbor, Michigan to attend a celebration for all of the Grand Prize Winners on or about the week of June 13, 2016 subject to change at the Sponsor’s sole discretion (the "Grand Prize"). The Grand Prize includes roundtrip airfare from Grand Prize Winner's nearest major US airport to Benton Harbor, Michigan and hotel accommodations, 3 days/2 night stay (single room, double occupancy) in a hotel selected by the Sponsor in its sole and absolute discretion.
If the Grand Prize Winner selects a trip and lives within 350 miles of Benton Harbor, Michigan then the Grand Prize Winner will receive $350 as a travel reimbursement to the city in lieu of airfare.
Travel is subject to the restrictions and conditions set forth below. All hotel accommodation booking arrangements will be administered by Sponsor's authorized designee. All travel must be booked prior to departure. Travel is subject to capacity controls, availability, weather, seasonal influences, and certain other restrictions, all of which are subject to change. No changes will be made to travel details once any element(s) of the travel arrangements have been booked, except at Sponsor's sole discretion. No refund or compensation will be made in the event of the cancellation or delay of any flight. Travel is subject to the terms and conditions set forth in these Official Rules and those set forth by Sponsor's travel prize supplier, as detailed in any contract issued by such supplier.
All costs and expenses not specifically included herein are solely the Grand Prize Winner's responsibility. The Grand Prize Winner and his/her Guest are each solely responsible for obtaining any desired or necessary travel documents (including government-issued photo identification). The Grand Prize Winner and his/her Guest hereby acknowledge that Sponsor has not and will not obtain or provide travel insurance or any other form of insurance for any part of the Prize. The Grand Prize Winner and his/her Guest are responsible for all in-room charges (e.g., mini-bar, movies), telephone calls, meals, beverages, gratuities, upgrades, personal incidentals, amenities and any other fees and expenses not specifically outlined in these Official Rules. The Grand Prize Winner will be required to provide a major credit card upon hotel check-in and all in-room charges will be charged to the credit card.
- HOW TO CLAIM THE GRAND PRIZE: On or about May 5, 2016, the potential Grand Prize Winners will each be notified via e-mail and/or phone by Sponsor. Before being declared a Grand Prize winner, each potential Grand Prize Winner will be required to execute and return a notarized Affidavit of Eligibility/Liability & Publicity Release and tax acknowledgment (“Affidavit”) and a written authorization for background check. By entering this Contest, Contestants and Nominees hereby consent to background checks. The completion of all requested documentation and results of all background checks must be satisfactory as Sponsor in its sole discretion deems appropriate. The Sponsor or its authorized designee must receive each potential Grand Prize Winner’s Affidavit and background check authorization within three (3) calendar days from the date the e-mail notification is sent by the Sponsor or its designee or the prize may (in Sponsor’s sole discretion) be forfeited. If a potential Grand Prize Winner is disqualified, found to be ineligible or not in compliance with these Official Rules, declines to accept the Grand Prize or, if Sponsor or its authorized designee is unable to contact a potential Grand Prize Winner, or in the event that an e-mail notification is returned undeliverable, the prize may be forfeited, and in the Sponsor’s sole discretion, the forfeited prize may be awarded to the Entry with the next highest Judge’s score. Any potential prize may be required to furnish proof of identification. Sponsor reserves the right to announce any winners at such time as Sponsor has verified and/or confirmed such winners in its sole discretion, and Sponsor may announce no winners in the event no winner have been verified and/or confirmed. All local, state and federal taxes are the responsibility of each Grand Prize Winner.
The Sponsor, Administrator, and each of their respective parent and affiliate companies, franchisees, and companies involved in the implementation and execution of the Contest (collectively, “Contest Entities”) shall not be held responsible for any delays in awarding any prize for any reason. The right to receive a Grand Prize is non-assignable, non-transferable and no substitution, exchange, or cash equivalent will be allowed, except by Sponsor, who reserves the right to substitute a prize of equal or greater value in case of unavailability of prize or force majeure. Each Grand Prize is not transferrable. Each Grand Prize winner is solely responsible for all costs and expenses associated with the prize that are not stated in these Official Rules.
- RIGHTS OF SPONSOR/DISCLAIMER OF LIABILITY: The Sponsor is not responsible in any way for any injury, loss or damage which occurs as a result of an opinion expressed or information provided in the Entries transmitted on the website or on television. The Sponsor makes no warranties, express or implied, as to the content or the accuracy or reliability of any information or statements contained in the Entries. All statements and opinions made by Contestants are those of such Contestants only, and the Sponsor neither endorses nor shall be held responsible for the reliability or accuracy of same. Sponsor is not responsible for the content or practices of any third party websites that may be linked to the Contest Website. This site may also be linked to websites operated by companies affiliated with Sponsor. Visitors to those sites should refer to each site's separate privacy policies and practices.
- LIMITATION OF LIABILITY: By participating in this Contest, Contestants and Nominees agree that the Contest Entities, and their respective affiliates, subsidiaries, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment and marketing agencies, website providers, Web masters and their respective officers, directors, employees, representatives, designees and agents (“Released Parties”) are not responsible for lost, late, incomplete, stolen, misdirected, postage due, or undeliverable email notifications or postal mail; or for any computer, telephone, satellite, cable, network, electronic or Internet hardware or software malfunctions, failures, connections or availability; or garbled, corrupt or jumbled transmissions, service provider/Internet/website/use net accessibility, availability or traffic congestion; or any technical, mechanical, printing, or typographical or other error; or unauthorized human intervention; or the incorrect or inaccurate capture of registration information; or the failure to capture, or loss of, any such information. The Released Parties are not responsible for any incorrect or inaccurate information, whether caused by any website’s users, tampering, hacking or by any of the equipment or programming associated with or utilized in the Contest and assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, technical error, theft or destruction or unauthorized access to any Contest-related website(s). The Released Parties are not responsible for any injury or damage, whether personal or property, to participants or to any person's computer related to or resulting from participating in the Contest and/or accepting a prize. The Released Parties shall not be responsible or liable for Entries or votes that are entered by any automated computer, program, mechanism or device, for any Entry or votes in excess of the stated limit or for Entries or votes that are late, forged, lost, misplaced, misdirected, tampered with, incomplete, deleted, damaged, garbled or otherwise not in compliance with the Official Rules, and all such entries may, in Sponsor’s sole discretion, be disqualified.
If, for any reason, an entry is confirmed to have been erroneously deleted, lost or otherwise destroyed, corrupted or for any other reason not accepted as an entry in the Contest, the Contestant’s and Nominee’s sole remedy is to enter the Contest again to receive another entry. If, for any reason, the Contest is not capable of running as planned, Sponsor reserves the right, at its sole discretion, to cancel, terminate, modify or suspend the Contest and/or proceed with the Contest, including the selection of winners in a manner it deems fair and reasonable including the selection of the winners from among eligible entries received prior to such cancellation, termination, modification or suspension.
By entering the Contest, each Contestant and Nominee agrees: (i) to be bound by these Official Rules and by all applicable laws and by the decisions of Sponsor and Administrator, which shall be binding and final; (ii) to waive any rights to claim ambiguity with respect to these Official Rules; (iii) to waive all of his/her rights to bring any claim, action or proceeding against any of the Released Parties in connection with the Contest; and (iv) to forever and irrevocably agree to release and hold harmless each of the Released Parties from any and all claims, lawsuits, judgments, causes of action, proceedings, demands, fines, penalties, liability, costs and expenses (including, without limitation, reasonable outside attorneys’ fees) that may arise in connection with: (a) the Contest, including but not limited to any Contest-related activity or element thereof, and the Entries, participation or inability to participate in the Contest, (b) the violation of any third-party privacy, personal, publicity or proprietary rights, (c) typographical or printing errors in these Official Rules or any Contest materials, (d) acceptance, attendance at, receipt, travel related to, participation in, delivery of, possession, defects in, use, non-use, misuse, inability to use, loss, damage, destruction, negligence or willful misconduct in connection with the use of a prize (or any component thereof), (e) any change in the prizing (or any components thereof) due to unavailability or due to reasons beyond Sponsor’s control, including but not limited to by reason of any acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not such action(s), regulation(s), order(s) or request(s) prove(s) to be invalid), equipment failure, threatened or actual terrorist acts, earthquake, war, fire, flood, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot or any other cause beyond any of the Released Parties’ control, or as otherwise permitted in these Official Rules, (f) any interruptions in or postponement, cancellation or modification of the Contest, (g) human error, (h) incorrect or inaccurate transcription, receipt or transmission of any part of any entry (including, without limitation, the registration information or any parts thereof), (i) any technical malfunctions or unavailability of any website or any telephone network, computer system, computer online system, mobile device, computer timing and/or dating mechanism, computer equipment, software, or Internet service provider, or mail service utilized by any of the Released Parties or by an Contestant or Nominee, (j) interruption or inability to access the Contest, any other Contest-related websites or any online service via the Internet due to hardware or software compatibility problems, (k) any damage to Contestant’s (or any third person’s or Nominee’s) equipment used to access the Contest and/or its contents related to or resulting from any part of the Contest, (l) any lost/delayed data transmissions, omissions, interruptions, defects, and/or any other errors or malfunctions, (m) any late, lost, stolen, mutilated, misdirected, delayed, garbled, corrupted, destroyed, incomplete, undeliverable or damaged entries, (n) any wrongful, negligent, or unauthorized act or omission on the part of any of the Released Parties, (o) lost, late, stolen, misdirected, damaged or destroyed prizing (or any element thereof), or (p) the negligence or willful misconduct by Contestant and/or Nominee.
Without limiting the foregoing, everything regarding this Contest, including any website and prize components, are 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 exclusions of liability for incidental or consequential damages or exclusions of implied warranties, so some of the above limitations or exclusions may not apply. Check local laws for any restrictions or limitations regarding these limitations or exclusions.
- DISPUTES: THIS CONTEST IS GOVERNED BY, AND WILL BE CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF MICHIGAN, AND THE FORUM AND VENUE FOR ANY DISPUTE SHALL BE IN THE COUNTY OF BERRIEN, MICHIGAN. IF THE CONTROVERSY OR CLAIM IS NOT OTHERWISE RESOLVED THROUGH DIRECT DISCUSSIONS OR MEDIATION, IT SHALL THEN BE RESOLVED BY FINAL AND BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION IN ACCORDANCE WITH ITS ARBITRATION RULES AND PROCEDURES OR SUBSEQUENT VERSIONS THEREOF (“AAA RULES”). THE AAA RULES FOR SELECTION OF AN ARBITRATOR SHALL BE FOLLOWED, EXCEPT THAT THE ARBITRATOR SHALL BE EXPERIENCED AND LICENSED TO PRACTICE LAW IN MICHIGAN. ALL PROCEEDINGS BROUGHT PURSUANT TO THIS PARAGRAPH WILL BE CONDUCTED IN OAKLAND COUNTY, MICHIGAN. THE REMEDY FOR ANY CLAIM SHALL BE LIMITED TO ACTUAL DAMAGES, AND IN NO EVENT SHALL ANY PARTY BE ENTITLED TO RECOVER PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING ATTORNEY’S FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF. CONTESTANTS AND NOMINEES AGREE THAT THE RIGHTS AND OBLIGATIONS OF ANY CONTESTANT AND/OR CONTEST ENTITIES AND/OR ANY OTHER PARTY SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION. ANY DEMAND FOR ARBITRATION MUST BE FILED WITHIN ONE (1) YEAR OF THE TIME THE CAUSE OF ACTION ACCRUED, OR THE CAUSE OF ACTION SHALL BE FOREVER BARRED.
- PUBLICITY RIGHTS: By participating in the Contest and/or accepting a Grand Prize, each Contestant and Nominee agrees to allow Sponsor and/or Sponsor's designee the perpetual right to use his/her name, biographical information, photos and/or likeness, and statements for Contest, trade, commercial, advertising and publicity purposes, at any time or times, in all media now known or hereafter discovered including live television, worldwide, including but not limited to on the World Wide Web and Internet, without notice, review or approval and without additional compensation except where prohibited by law.
- NATURE OF RELATIONSHIP/WAIVER OF EQUITABLE RELIEF: Each Contestant and Nominee hereby acknowledges and agrees that the relationship between the Contestant, Nominee, and the Contest Entities is not a confidential, fiduciary or other special relationship, and that the Contestant's decision to provide the Contestant's Entry to Sponsor for purposes of the Contest does not place the Contest Entities in a position that is any different from the position held by members of the general public with regard to elements of the Contestant's Entry. Each Contestant and Nominee understands and acknowledges that the Contest Entities have wide access to ideas, stories, designs and other literary materials, and that new ideas are constantly being submitted to it or being developed by their own employees. Each Contestant and Nominee also acknowledges that many ideas or photos may be competitive with, similar or identical to the Entry and/or each other in theme, idea, format or other respects. Each Contestant and Nominee acknowledges and agrees that such Contestant and Nominee will not be entitled to any compensation as a result of any Contest Entry’s use of any such similar or identical material. Each Contestant and Nominee acknowledges and agrees that the Contest Entities do not now and shall not have in the future any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of the copyright in and to the Entry. Finally, each Contestant and Nominee acknowledges that, with respect to any claim by Contestant and Nominee relating to or arising out of a Contest Entity's actual or alleged exploitation or use of any Entry or other material submitted in connection with the Contest, the damage, if any, thereby caused to the applicable Contestant and Nominee will not be irreparable or otherwise sufficient to entitle such Contestant and Nominee to seek injunctive or other equitable relief and Contestant's and Nominee’s rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law.
- NO OBLIGATION TO USE: Sponsor shall have no obligation (express or implied) to use any Entry, or to otherwise exploit any Entry or, if commenced, to continue the distribution or exploitation thereof, and Sponsor may at any time abandon the use of any Entry for any reason, with or without legal justification or excuse, and contestants shall not be entitled to any damages or other relief by reason thereof.
- DATES & DEADLINES/ANTICIPATED NUMBER OF CONTESTANTS AND NOMINEES: Because of the unique nature and scope of the Contest, Sponsor reserves the right, in addition to those other rights reserved herein, to modify any date(s) or deadline(s) set forth in these Official Rules or otherwise governing the Contest. Sponsor cannot accurately predict the number of Contestants and Nominees who will participate in the Contest.
- FURTHER DOCUMENTATION: If Sponsor shall desire to secure additional assignments, certificates of engagement for the Entry or other documents as Sponsor may reasonably require in order to effectuate the purposes and intents of these Official Rules, then each Contestant agrees to sign the same upon Sponsor's request therefor.
- GENERAL: Any attempted form of participation in this Contest other than as described herein is void. If it is discovered or suspected in Sponsor’s sole and absolute discretion that an Contestant or Nominee has registered, entered, or attempted to register or enter the Contest using multiple e-mail addresses, identities, proxy servers or like methods, all of that Contestant’s Entries will be declared null and void, and that Contestant and/or Nominee will be ineligible to win a prize. Sponsor and Administrator reserve the right to disqualify any individual found, in its sole opinion, to be tampering with the operation of the Contest, to be acting in violation of these Official Rules or to be acting in an unsportsmanlike manner or with the intent to disrupt the normal operation of a Contest. Any use of robotic, automatic, macro, programmed, third-party or like methods to participate in the Contest will void any attempted participation effected by such methods and the disqualification of the individual utilizing the same. CAUTION AND WARNING: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR TO UNDERMINE THE LEGITIMATE OPERATION OF THIS CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. If any provision of these Official Rules or any word, phrase, clause, sentence or other portion thereof should be held unenforceable or invalid for any reason, then that provision or portion thereof shall be modified or deleted in such manner as to render the remaining provisions of these Official Rules valid and enforceable. The invalidity or unenforceability of any provision of these Official Rules or the prize documents will not affect the validity or enforceability of any other provision. Sponsor’s and/or Administrator’s interpretation of these Official Rules is final and binding in all matters related to the Contest. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision and such provision shall remain in full force and effect. All Entries and/or materials submitted will not be returned. In the event of any conflict with any Contest details contained in these Official Rules and Contest details contained in any promotional materials (including but not limited to point of sale, television and print advertising, promotional packaging and other promotional media), the details of the Contest as set forth in these Official Rules shall prevail.