“PROMISE TO LOVE ALL” CONTEST
1. HOW TO ENTER: NO PURCHASE OR INTERNET ACCESS NECESSARY. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. Tennis.com’s “Promise to Love All” Contest (“Contest”) begins 12:00AM Pacific Standard Time (PST) July 27, 2012 and ends 12:00AM PST August 12, 2012 (“entry period”). To enter the Contest during the entry period, go to http://tennis.com/ Follow the directions to complete the online entry form, answer the question, share your promise to love all for a chance to win. In 500 words or less tell us about your promise and how it is making a positive difference in the lives of others and click submit. One lucky winner and a guest will receive an exclusive tennis getaway to Palm Springs, California. Entrants must complete all data requested on the online entry form. All entries must be received by The Tennis Media Company (“Sponsor”) by August 12, 2012. No other methods of entry will be accepted. Limit one entry per person. Incomplete entries are void. All entries become the property of Sponsor and will not be acknowledged or returned.
Entries are limited to, and winner will be required to warrant that his/her entry essay is, his/her original work, has not been previously published in any form, does not infringe upon or violate any rights of any third party, without limitation, rights affecting copyright, defamation, privacy or publicity, and that your agreement to the Official Rules does not violate any agreement between you and a third party. Winner agrees to indemnify Sponsor, The Tennis Media Company, Miller Publishing Group, Forevermark US, Inc., and Facebook if this warranty is breached. Winner grants Sponsor, The Tennis Media Company, Miller Publishing Group, and Forevermark US, Inc. a non-exclusive right to reproduce, use, copy, sell, distribute, create derivative works from, publicly display, or publicly perform their entry throughout the world, in perpetuity for the purpose of, but not limited to, public education, advocacy, advertising, publicity, business, or any other lawful purpose whatsoever, in any media now known or hereafter developed.
Sponsor, The Tennis Media Company, Miller Publishing Group, Forevermark US, Inc., and Facebook assume no responsibility for lost, late, misdirected, illegible or mutilated entries or for any computer, online, telephone, cable, network, electronic or Internet hardware or software malfunctions, failures, connections, availability, garbled or jumbled transmissions, service provider, Internet, web site, or other accessibility or availability issues, traffic congestion, or unauthorized human intervention, or any technical malfunctions that may occur. Entrants shall be the authorized account holder of the e-mail address submitted at the time of entry. “Authorized account holder” is defined as the natural person who is assigned to an e-mail address by an Internet access provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain name associated with the submitted e-mail address.
2. ELIGIBILITY: This Contest is open only to legal residents of the U.S. who are 18 years of age or older as of the date the Contest begins. Employees of Sponsor, , The Tennis Media Company, Miller Publishing Group, Forevermark US, Inc., their subsidiaries, affiliates, prize suppliers, and advertising and promotional agencies, and their immediate families (spouse, parents, children, siblings and their spouses) and individuals living in the same household as such employees are ineligible. This Contest is governed by the laws of the United States and is subject to all applicable federal, state, and local laws and regulations. Void where prohibited.
3. JUDGING: One (1) Winner will be selected by a panel of judges composed of Tennis Magazine editors and Forevermark US, Inc. employees qualified in marketing on or about September 30, 2012, from among all eligible entries received. Winner will be selected based on the following criteria: the quality and clarity of the writing (20%); most creative essay (30%); and most impressive example of making a positive difference (50%). In the event of a tie, the essay with the highest score for “positive difference” will win. By participating, entrants agree to be bound by the Official Rules and the decisions of the judges, which shall be final and binding in all respects. Winner will be notified via email, U.S. mail, telephone, and/or by overnight courier.
4. PRIZES: There will be one grand prize winner selected. The grand prize winner will receive one trip for two (2) to Palm Springs, California, for the 2013 PNB Paribas Indian Wells Tennis Tournament, March 4-17, 2013.The prize package includes:
· Three (3) nights/four (4) days stay for two (2) in a Mountain or Garden facing Two Queen Bedroom at the Hyatt Grand Champions Resort, Villa and Spa (retail value: $1026 (includes $23 resort fee and tax));
· Coach class airfare for two (2) from the major US City Airport nearest to winner’s home (retail value: $1200);
· Car Service (Towncar) from Palm Springs Airport to Hyatt Grand Champions Resort, Villa and Spa (retail value: $100 ($40 each way plus $20 gratuity));
· Two (2) tickets to one session per day at the 2013 PNB Paribas Indian Wells Tennis Tournament (Retail Value: $200 per ticket / 2 tickets per day for four days = $1600); and
· $500 American Express Gift Card to be used towards meals, incidentals or spa services.
· TOTAL RETAIL VALUE: $4,426
The prize cannot be exchanged for cash, and cannot be used in conjunction with any other promotion. Sponsor reserves the right to substitute a prize of equal or greater value in the event the offered prize is unavailable. No substitution or transfer of prize permitted except as provided herein.
5. GENERAL CONDITIONS: All federal, state, and local taxes, fees and surcharges on prize packages are the sole responsibility of the prize winner. Prize winner and a travel companion may be required to execute and return an Affidavit of Eligibility/Release of Liability/Prize Acceptance Form within seven (7) days following notification. Return of any prize and/or prize notification as undeliverable or failure of any entrant to comply with any Official Rules will result in disqualification and selection of an alternate winner as described above.
Winner grants Sponsor, The Tennis Media Company, Miller Publishing Group, and Forevermark US, Inc. the right to use and publish his/her legal name and state of residence online and in print, or any other media, in connection with the Contest. Except a winner who is a resident of the State of Tennessee, acceptance of a prize constitutes permission for Sponsor, The Tennis Media Company, Miller Publishing Group, and Forevermark US, Inc. and their advertising and promotional agencies to use winner’s name and likeness for editorials, advertising and promotional purposes without payment of additional compensation unless prohibited by law. By entering, participants release and hold harmless Sponsor, The Tennis Media Company, Miller Publishing Group, Forevermark US, Inc., Facebook, their respective parents, subsidiaries, affiliates, including any member of the De Beers group of companies, directors, officers, employees, attorneys, agents and representatives from any and all liability for any injuries, loss, claim, action, demand or damage of any kind arising from or in connection with the Contest or any prize won, including the travel portion of the prize, any misuse or malfunction of any prize awarded, participation in any Contest related activity, or participation in the Contest.,
As a condition of participating in this Contest, participant agrees that any and all disputes which cannot be resolved between and the parties, and causes of action arising out of or connected with this Contest shall be resolved individually, without resort to any form of class action, exclusively, before a court of competent jurisdiction located in New York, NY, which court shall apply the laws of the state of New York without regard for rules of conflicts of law. In any such dispute, participant shall, under no circumstances, be entitled to claim punitive, incidental, or consequential damages, or any other damages, including attorneys’ fees, other than participant’s actual out-of-pocket expenses (if any) associated with participating in the Contest, and participant hereby waives all rights to have damages multiplied or increased.
CAUTION: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH ENTRANT TO THE FULLEST EXTENT PERMITTED BY LAW.
6. Limitations of Liability: Sponsor, The Tennis Media Company, Miller Publishing Group, Forevermark US, Inc., and Facebook are not responsible for any incorrect or inaccurate information, whether caused by web site users or by any of the equipment or programming associated with or utilized in the Contest or by any technical or human error which may occur in the processing of submissions in the Contest, including but not limited to any misprints or typographical errors. Sponsor, The Tennis Media Company, Miller Publishing Group, Forevermark US, Inc., and Facebook assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries. Sponsor, The Tennis Media Company, Miller Publishing Group, Forevermark US, Inc., and Facebook are not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line-systems, servers or providers, computer equipment, software, failure of e-mail or players on account of technical problems or traffic congestion on the Internet or at any web site or combination thereof, including injury or damage to participants or to any other person’s computer related to or resulting from participating or downloading materials in this Contest. If, for any reason, the Contest is not capable of completion as planned, including by reason of infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures or any other causes beyond the control of Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Contest, Sponsor reserves the right at their sole discretion to cancel, terminate, modify or suspend the Contest.
IN NO EVENT WILL SPONSOR, THE TENNIS MEDIA COMPANY, MILLER PUBLISHING GROUP, FOREVERMARK US, INC., FACEBOOK, THEIR PARENTS, AFFILIATES, (INCLUDING ANY MEMBER OF THE DE BEERS GROUP OF COMPANIES), SUBSIDIARIES, AND RELATED COMPANIES, ADVERTISING AND PROMOTIONAL AGENCIES, OR DIRECTORS, OFFICERS, EMPLOYEES, ATTORNEYS, AGENTS, AND REPRESENTATIVES, BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF PARTICIPANT’S ACCESS TO AND USE OF THE INTERNET SITE http://tennis.com/ OR THE DOWNLOADING FROM AND/OR PRINTING OF MATERIAL FROM SAID SITE. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THIS SITE IS 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 LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
7. WINNER LIST: For a winner list, after August 13, 2012, mail a separate, self-addressed stamped envelope to: “Promise to Love All” Contest Winners, 79 Madison Avenue, 8th Floor, New York, NY 10016.
8. SPONSOR. The Sponsor of the Contest is The Tennis Media Company, 48 West 21st Street, 6th Floor, New York, NY 10010. This contest is in no way sponsored, administered by or associated with Facebook. Any information provided by entrants is provided to Sponsor and not to Facebook.