PlentyOfFish $100,000 Wedding CONTEST OFFICIAL RULES:
NO PURCHASE OR PAYMENT IS NECESSARY TO ENTER OR WIN A PRIZE. THE PURCHASE OF ANY GOOD OR SERVICE WILL NOT INCREASE YOUR CHANCE OF WINNING.
THE “CONTEST TERRITORY” FOR THE PLENTYOFFISH $100,000 WEDDING CONTEST (THE “CONTEST”) ARE THE UNITED STATES OF AMERICA (EXCLUDING THE STATES OF NEW YORK AND FLORIDA, AND AMERICAN PROTECTORATES AND TERRITORIES) AND CANADA (EXCLUDING QUEBEC). THIS CONTEST IS VOID OUTSIDE OF THE CONTEST TERRITORY, MEANING THAT RESIDENTS OF QUEBEC, NEW YORK, FLORIDA AND AMERICAN PROTECTORATES AND TERRITORIES, AS WELL AS PERSONS RESIDENT IN COUNTRIES OTHER THAN THE UNITED STATES OF AMERICA AND CANADA, ARE INELIGIBLE TO PARTICIPATE. THE CONTEST IS ALSO VOID WHERE PROHIBITED OR RESTRICTED BY APPLICABLE LAW.
1. Sponsor and Participants.
The Contest is sponsored by Plentyoffish Media Inc. (“Sponsor
”) located at #2360-555 W Hastings St., Vancouver, BC, V6B 4N5, CANADA. In these Rules, “you
” means either (a) you, the individual participant, or (b) you, the participating couple (meaning two individuals meeting the eligibility requirements as set out above, in Section 3 below, or otherwise under these Rules), as the case may be and as the context requires.
2. Contest Entry Period.
The entry period commences at 11:59PM Pacific Time (PT) on December 27, 2012, and ends at 12:00 PM PT on January 14, 2013 (the “Entry Period
”). All entries must be received by 12:00 PM PT on January 14, 2013. No entries into the Contest will be accepted before or after the Entry Period.
This Contest is open to couples consisting of two individuals who are each legal residents of the Contest Territory and who each are:
(a) former members of POF.com (the “Site
”) (must have been a member for at least two (2) consecutive weeks) that exchanged messages at the Site while both were members of the Site;
(b) engaged to be married to each other;
(c) not current members of the Site (neither partner can be a current member of the Site);
(d) not previous winners of a Plentyoffish Wedding Contest;
(e) consenting participants in this Contest for the purpose of having their name, likeness and Contest Content (defined below) used in connection with the Contest as set out herein; and
(f) available for interviews as set out in Section 8 below. Each partner agrees to abide fully by these Rules. You must complete all required Entry Forms and releases and submit Contest Content in accordance with these Rules to be eligible to enter or win the Contest. Employees of Sponsor and its affiliates, advertising and promotion agencies, and any business or entity involved in the development, production, implementation, administration or fulfillment of this Contest, and each of their immediate families (defined as current spouse, parents, children, siblings and their respective spouses) and individuals (whether related or not) living in the same household as the foregoing parties are ineligible. This Contest is subject to all applicable federal, state and local laws and regulations. By participating, you agree to be bound by these Rules and to accept the decisions of Sponsor as final in all matters relating to this Contest.
4. How To Enter.
By participating in this Contest, entrants and voters provide information to Sponsor and not to Facebook, Inc. To enter, you may visit http://www.pof.com/contest_about.aspx
(the “Contest URL
”) during the Entry Period and complete all of the required fields of the entry form (“Entry Form
”). The Entry Form will require you and your partner to provide your full names, physical addresses (street, city, state/province, zip/postal code and country), e-mail addresses you and your partner used while members of the Site, current e-mail addresses used by you and your partner (if current e-mail address is different from the respective e-mail addresses you each used while members of the Site), date of birth of you and your partner, gender of you and your partner and one phone number at which Sponsor can reach you or your partner, date you and your partner were engaged, and optionally date you and your partner plan to marry (“Personal Data
”). Your entry will not be valid unless you complete the required portions of the Entry Form in full. All completed entries must be received with all required elements during the Entry Period. You must positively confirm your partner’s understanding of these Rules, agreement to enter into the Contest as well as abide by and be governed by these Rules. A maximum of one (1) valid entry per participating couple will be accepted. Any attempt by you to submit an Entry Form in excess of the disclosed maximum, by any means, including but not limited to establishing multiple e-mail accounts, will result in disqualification in the Contest. The use of any automated launching or entry software or any other mechanical or electronic means that permits the participant to automatically enter repeatedly is prohibited. Sponsor reserves the right to disqualify you for any reason, and at any time. If Sponsor suspects your Contest Content is fraudulent, in Sponsor’s sole discretion, your entry may be removed from the Contest and you may be disqualified and banned from re-entering this Contest and any other contest by Sponsor. In the event of a dispute regarding an entrant’s entry, Sponsor will rely on information from the service provider as to the name on the account of the email account used to submit the Entry Form in case of ambiguity. Inaccurate or incomplete Entry Forms will be disqualified in Sponsor’s sole discretion.
6. Photo, Headline, Story and Answers; Contest Content
. As part of your entry, you must provide four (4) clear photos of you and your partner (“Photos
”). Photos provided must have a resolution equal to or greater than 300 pixels by 300 pixels, and acceptable photo file formats include JPEG, PNG, BMP and TIFF. You will also be asked to provide an attention grabbing headline describing why you are the couple who should win the prize according to the judging criteria (“Headline
”). You will also be asked to provide a written story about why you are the couple who should win the prize according to the judging criteria. (“Story
”). You will also be asked to provide written answers to four (4) questions about who you are as a couple and why you are the couple who should win the prize according to the judging criteria (“Answers
”). Each of the Photo, Story and Answers must be your sole creative work and must not incorporate ideas or work of any other person or material that would require the consent of a third party in any jurisdiction or under any applicable law. Each Headline must be at least one (1) character long and can be no more than 140 characters in length. Each Story must be at least 800 characters long and can be no more than 5000 characters in length. Each of the four (4) Answers must be at least 10 characters long and can be no more than 800 characters in length. The Photos, Headline, Story, Answers and Entry Form are collectively referred to as “Contest Content”. Without limitation, Contest Content may not contain material that violates or infringes the rights of Sponsor or any third party, including with limitation any trademark, copyright, publicity right, privacy or any other right of Sponsor or any other person or entity, under any applicable law, in any part of the Contest Territory. By submitting Contest Content, you represent and warrant to Sponsor that the Contest Content is wholly original and does not infringe upon or otherwise violate any right of any person, entity, or any law, rule or regulation in any part of the Contest Territory. Violation or breach of these representations or warranties may subject you to penalties and damages under applicable law. By entering the Contest, you agree that Sponsor may post your Contest Content on the Site or in its media outlets. You understand that your name and biographical data (as entered on the Entry Form) may also be posted on the Site in connection with the Contest.
Sponsor does not claim ownership of, and, except as expressly set out in these Rules, assumes no responsibility with respect to, any Contest Content. By transmitting, storing, displaying, processing or otherwise using Contest Content in any way with respect to the Contest, you and your partner will be deemed to:
(a) have full responsibility therefore;
(b) have represented and warranted to Sponsor that you and your partner have all right, title and interest in and to such Contest Content for its use with the Contest and for the license granted to Sponsor below; and
(c) have granted to Sponsor a royalty-free, worldwide, transferable, sub-licensable, irrevocable and perpetual license to use, copy, distribute, transmit, display, edit, delete, modify, adapt, publish and translate, create derivative works of, publicize, or promote your names, likenesses, and Contest Content for advertising or publicity purposes in any and all media anywhere in the universe without further consideration (except where prohibited by law) including, without limitation, (i) promoting this Contest and future contests conducted by Sponsor, and (ii) promoting any products or services manufactured, distributed, offered or supplied by Sponsor.
7. Photo, Headline, Story and Answer Restrictions. The Contest Content must not contain (as determined by Sponsor in its sole discretion) any content that:
· Is sexually explicit or suggestive; unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional, sexual orientation 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;
· Is obscene or offensive; endorses any form of hate or hate group;
· Defames, misrepresents or contains disparaging remarks about Sponsor, its members, or its products or services or other people, products or companies;
· Contains trademarks, logos or trade dress (such as distinctive packaging or phraseology) owned by any entity;
· Contains copyrighted materials owned by any entity (including photographs and other works of art or images);
· Advertises or promotes any brand or product of any kind other than Sponsor;
· Contains any personal identification, such as personal names, street or email addresses, or phone numbers other than your Personal Data;
· Violates or encourages the violation of any law, rule or regulation in any jurisdiction where entry is created;
· Contains materials embodying the names, likenesses or other indicia identifying any third party, including, without limitation, celebrities and/or other public or private figures, living or dead;
· Promotes any particular political party, agenda or message; and/or
· Communicates messages or images inconsistent with the positive image and/or goodwill to which Sponsor wishes to associate
All decisions regarding the appropriateness of the content of any entry shall be at Sponsor’s sole discretion. By submitting an entry, you agree that the entry complies with these guidelines and Rules. Upon submission, all Contest Content (subject to your rights in your Personal Data specified on the Entry Form) becomes irrevocably licensed to Sponsor as set out above and will not be acknowledged or returned. You will take all further acts necessary to effectuate the intent of these Rules, including, without limitation, executing and delivering to Sponsor, all such agreements, contracts and any other documents to confirm Sponsor’s license to the Contest Content.
At the end of the Entry Period, Sponsor will select the best entries based on the following criteria:
· Uniqueness....................................................................................................... 40%
· Most Creative ................................................................................................... 40%
· Originality......................................................................................................... 20%
The number of finalist couples selected for Voting Round 1 will be based on the number of total participants. In the event of a tie score, the finalist couple with the highest aggregate score under the criteria “most creative” will break the tie. The decision of Sponsor is final and nonappealable. All couples selected for Voting Round 1 and Voting Round 2 must be available to Sponsor or its representatives for an interview. Sponsor may contact each of the finalists for interviews by phone and by e-mail and, if the participants in the couple do not respond within two (2) business days from such contact, those participants will be disqualified. Finalist couples will be emailed a “Couple URL” by the Sponsor when they have been selected for Voting Round 1. Your Contest Content will be posted on the Couple URL.
9. Voting Eligibility.
To place a vote in the Contest, at the time of voting, each voter must: (a) be a legal resident of Canada, the United States of America, the United Kingdom, Ireland or Australia; (b) be located in Canada, the United States of America, the United Kingdom, Ireland or Australia; (c) have been members of the Site for at least one (1) week prior to the commencement of the Contest Entry Period; and (d) have one (1) account with Sponsor per its Site’s terms and conditions. NOTE: Votes must be placed personally by the individual and not by someone else who is acting on behalf of another person. The use of any automated voting software or any other mechanical or electronic means that permits the participant to automatically vote repeatedly is prohibited. Sponsor reserves the right to disqualify any voters or votes where the integrity of the contest is jeopardized, in Sponsor’s sole discretion.
10. Voting Round 1.
From 5:00 PM PT on January 17, 2013, until 12:00 PM PT on January 23, 2013 (“Voting Round 1
”), eligible voters will vote on finalist couples to advance to Voting Round 2 (defined below). Voters will be asked to review each of the finalist couples’ Contest Content and vote “Vote For Us” or “Next Couple” on to whether the finalist should advance to Voting Round 2. The order in which finalist couples are displayed to each Voter will be random, however Voters who visit a Couple URL will be asked to vote whether the respective finalist couple associated with the Couple URL should advance to Voting Round 2 after which all other finalist couples will be displayed to the Voter in a random order. Sponsor will invite Voters to cast votes daily for their respective favourite couples at the Contest URL during Voting Round 1. Sponsor will invite Voters to vote “Vote For Us” or “Next Couple” on every finalist couple in Voting Round 1 each day of Voting Round 1. The six (6) finalist couples that receive the most eligible “Vote For Us” votes during the Voting Round 1 will advance to Voting Round 2. “Next Couple” votes will not be considered when the six (6) finalist couples that receive the most eligible “Vote For Us” votes are determined.
11. Voting Round 2.
From 5:00 PM PT on January 28, 2013 until 12:00PM PT on February 7, 2013 (“Voting Round 2
”), eligible voters will vote on and select the Winning Couple (defined below). Voters will be asked to review each of the six (6) finalists’ Contest Content in selecting their favourite couple. Sponsor will invite Voters to cast votes daily for their respective favourite couple at the Contest URL during Voting Round 2. The couple that receives the most eligible votes during the Voting Round 2 will be named the Winning Couple.
12. Grand Prize and Winning Couple.
Subject to Section 13 and confirmation of eligibility, the winning couple (“Winning Couple
”) will be awarded a grand prize $100,000 US Dollars (the “Grand Prize”) in a cheque made payable to both partners. Sponsor shall have no responsibility or obligation to the Winning Couple or potential Winning Couple who is unable to accept or utilize the Grand Prize as described herein. In the case of the Winning Couple’s forfeiture of the Grand Prize, or if the potential Winning Couple be found to be ineligible to win the Contest, the finalist couple with the next most votes will become the potential Winning Couple, and so on, until an eligible Winning Couple is found.
13. Skill-Testing Question.
A skill-testing question (the “Skill-Testing Question
”) will be sent to the Winning Couple in their winners notice. To win the Grand Prize, the Winning Couple must first correctly answer the Skill-Testing Question without electronic, mechanical or any other kind of assistance and submit the correct answer to Sponsor in the manner and by the time provided for in the Winner’s Notice. If the Winning Couple correctly answers the Skill-Testing Question, they will be awarded the Grand Prize. If the Winning Couple is unable to correctly answer the Skill-Testing Question, they will be deemed to have forfeited the Grand Prize.
The Winning Couple will be solely responsible for the reporting and payment of any and all Federal, Provincial, state or local taxes, sales taxes, surcharges, service charges, registration, licensing, processing, insurance premiums, and handling fees, and all other costs incurred in claiming, redeeming, receiving or possessing the Grand Prize. Sponsor accepts no responsibility for any tax implications that may arise from Grand Prize winnings, and independent financial advice should be sought by the Winning Couple. The Winning Couple will and hereby do hold Sponsor harmless from liability for their failure to timely report and/or pay any taxes.
15. General Rules.
This Contest and these Rules shall be at all times governed, construed and evaluated according to British Columbia law. As set out above, Sponsor has an irrevocable license to any Contest Content submitted by or on behalf of you and your partner in connection with this Contest for advertising or publicity purposes in any and all media anywhere in the universe without further consideration. Voters are not, by such voting, participants in the Contest and are not entitled to any prize, award or any other consideration. Sponsor is under no obligation to disclose: the number of entries received, the number of approved entries, the number of votes cast, the number of votes received by the winning submission, or any other figures relating to the Contest, except as required by law. Sponsor shall not be liable to any person (including Contest participants) for any delay or failure in its performance caused by circumstances beyond its reasonable control. Sponsor is not responsible for typographical or other errors in the printing, the offering or the administration of this Contest, or in the announcement of the Grand Prize. Sponsor is not responsible for lost, late, misdirected, undeliverable or incomplete entries or votes due to system errors or failures, or faulty transmissions or other telecommunications malfunctions and/or entries or votes not received resulting from any hardware or software failures of any kind, lost or unavailable network connections, or failed, incomplete, or garbled computer or telephone transmissions, typographical or system errors and failures, or faulty transmissions, or for any problems or technical malfunction(s) of any telephone network or lines, computer online systems, servers or providers, computer equipment, or entries not received on account of technical problems or traffic congestion on the Internet, or the Site, any other website, or any combination thereof, including any injury or damage to your or any other person’s computer related to or resulting from entering this Contest or downloading any material for this Contest, or other telecommunications malfunctions which may limit an entrant’s ability to participate.
By participating in the Contest, each participant (meaning each individual, themselves, and each couple, jointly and severally) hereby releases and agrees to hold Sponsor and its affiliates, advertising and promotion agencies, any entities involved in the administration or advertisement of this Contest (specifically including, without limitation, Facebook, Inc.), and all of their respective directors, officers, shareholders, employees, representatives and agents (collectively, “Sponsor Entities”) harmless from and against any and all claims, costs, injuries, losses or damages (whether due to negligence, breach of contract, tort, or otherwise, and whether or not the possibility of such claims, costs, injuries, losses or damages could have been reasonably foreseen by Sponsor Entities) of any kind or nature whatsoever, including death and bodily injury and property damage and claims for any direct, punitive, special, indirect, incidental or consequential damages, due in whole or in part, directly or indirectly, to (a) participation in the Contest, (b) the receipt, use or misuse of the Grand Prize, (c) printing errors, clerical, typographical or other error in any materials involved in the Contest or in the offering or announcement of the Grand Prize or in any notice, and (d) other errors of any kind or nature. Each participant hereby waives any right to claim ambiguity in this Contest or these Rules. Each participant hereby acknowledges that this Contest is in no way sponsored, endorsed or administered by, or associated with, Facebook, Inc.
17. Modification and Termination.
In the event this Contest is compromised by unauthorized human intervention, tampering, mechanical or electronic failures, or other causes beyond the reasonable control of Sponsor which corrupt or impair the administration, security, fairness or proper operation of this Contest, Sponsor reserves the right, but not the obligation, in its sole discretion, to void any entries submitted fraudulently or to suspend, modify or terminate this Contest, in which case Sponsor shall not be required to award any prize or substitute prize. Sponsor may prosecute any and all fraudulent activities to the fullest extent of the law.
18. Winners’ List.
The names of the Winning Couple will be posted at the Site on or after February 7, 2013.
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POF, PLENTYOFFISH, PLENTY OF FISH and PLENTY OF are registered trademarks of Plentyoffish Media Inc.