Cambio's #SMOOCHIES Contest
Official Rules
No Purchase Necessary to Enter or Win
ELIGIBILITY: Cambio's #SMOOCHIES Contest (the "Contest") is open to legal residents of the 50 United States and the District of Columbia who are 13 years of age or older at time of entry. Employees and their immediate families (spouse, parents, children, siblings, and their respective spouses), including those living in the employees' households of AOL Inc. (the "Sponsor") and their respective parent companies, affiliates, subsidiaries, divisions, advertising and promotion agencies, are not eligible to enter or win a Prize. Void in Puerto Rico, all other U.S. territories and possessions, overseas military installations and where prohibited. By entering, entrants agree to comply with these Official Rules. Contest is subject to all applicable federal, state and local laws & regulations. United States law governs this Contest. Void where prohibited. Entries received prior to or after Entry Period are void.
ENTRY PERIODS: The Contest begins at 5:00 pm PT on March 14, 2014 and ends at 5:00 pm PT on March 28, 2014 (the "Entry Period"). Entries received prior to or after the Entry Period will not be accepted.
HOW TO ENTER: To submit an entry, upload a selfie kissy face photo (the "Submission") on Instagram during the entry period with the hashtags #SMOOCHIES AND #CoverMoment in the caption. Submissions must contain both hashtags in the caption in order to be eligible. A "selfie" is defined as a self-portrait photograph. Use of the Instagram service is subject to Instagram's Terms of Use.
CONDITIONS OF ENTRY: Submissions can only feature the entrant and cannot include any other person. There is no limit to the number of time you can enter. The use of any agencies or automated software to submit entries will void all entries submitted by that person. During the Entry Period, Instagram users may "like" their favorite Submission(s). The ten (10) eligible Submissions with the highest number of valid "likes" will be deemed "Finalists" and will move on to the Judging Round. In the event an insufficient number of qualified eligible entries are received during the Entry Period, Sponsor reserves the right to select less than ten (10) Finalists. Sponsor's decisions are final in all matters relating to this Contest. Any results posted in real time shall not be deemed official until Sponsor has reviewed and confirmed all of the votes and announced the Contest Finalists and Winner. Use of script, macro or any other automated system to "like" a Submission is prohibited and all such likes will be void. Entrants/Finalists are prohibited from obtaining likes for any Submission by any fraudulent or inappropriate means, including, without limitation, offering prizes or other inducements to members of the public, vote farming, or any other activity that artificially inflates such Finalists' likes as determined by Sponsor in its sole discretion. Entrants are prohibited from sabotaging the votes/likes of any Submissions through any means deemed inappropriate by Sponsor, in its sole discretion. If an entrant or user engages in any of the aforementioned acts, his/her likes will be void, and his/her Submissions (if any) will be disqualified. In the event of a tied score in the Entry Period, the entrants involved in a tie will be reviewed by an additional judge appointed by the Sponsor who will serve as a tie-breaker and who will evaluate the entries according to the criteria listed below. Becoming a Finalist is subject to verification of eligibility and compliance with all terms and conditions set forth in these Official Rules. If a potential Finalist or Contest Winner cannot be reached or required documents are not returned within the stated timeframe or are returned as undeliverable, the corresponding Finalist will be disqualified and an alternate Finalist will be determined based on the Judging Criteria; an alternate Contest Winner will be based on the entrant with the next highest number of likes.
Entries will not be acknowledged or returned. A potential winner is subject to verification of eligibility and compliance with all terms and conditions set forth in these Official Rules. An entry submitted through any other method is void. Entry must be the original work of the entrant and must be owned by the entrant. Modifying, enhancing or altering a third party's pre-existing design/work does not qualify as entrant's original creation. Entry must be in keeping with Sponsor's image and may not be offensive, as determined by judges in their sole discretion, nor can it defame or invade publicity rights or privacy rights of any person, living or deceased, or otherwise infringe upon any person's personal or proprietary rights.
License to Use Submissions: Sponsor shall have the right to disqualify any entries that they deem to be obscene, vulgar, sexually explicit, lewd, derogatory, inappropriate, or otherwise not in good taste, as determined by the Sponsor in its sole discretion. Submissions must not contain any third party material (including but not limited to any company logos or trademarks, photographs, likenesses, film or video clips, or any other copyrighted or trademarked content) for which you have not been granted specific written permission for this use by the copyright or trademark rights holder. You grant to the Sponsor and its designees the irrevocable, perpetual, worldwide, non-exclusive right and license to use, reproduce, edit, market, store, distribute, have distributed, publicly and privately display, communicate, publicly and privately perform, transmit, have transmitted, create derivative works based upon, and promote your image, biographic information, and comments, biographic information, and comments (collectively, the "Submission") in connection with the Contest and such other products or services as the Sponsor may designate in any medium now known or hereafter devised for editorial, commercial, promotional and/or any other purpose. In addition, the Sponsor shall have the right to reproduce and distribute your Submission for promotional purposes in broadcast, print and or other media as the Sponsor may determine in its sole discretion. You retain ownership of all right, title, and interest in and to your Submission. You agree that the Sponsor owns all right, title, and interest in any compilation, collective work, or other derivative work created by the Sponsor using or incorporating your Submission. You hereby grant to the Sponsor the right to edit any of your Submission, in whole or in part. In addition, you hereby grant to the Sponsor and their designees the right to use any edited Submission, or parts of a Submission, without your approval and waive any right to inspect or approve uses of the Submission prior to or following publication and any right to compensation for the Submission. All elements of your Submission must be your original work and must be owned by you, and you must have the right to grant any and all necessary rights and licenses, including without limitation, all necessary copyright and other related rights to all of the materials, free and clear of all claims and encumbrances without violating the rights of any person or entity, including any right to privacy or publicity. Your Submission should include yourself and not include any third parties (e.g., friends, children, spouses, family members, etc.). By entering your Submission, you agree to release and hold harmless the Sponsor and its officers, directors, employees, and agents from and against any claim or cause of action arising out of your Submission or your participation in any phase of this Contest.
Judging Round: The Finalists will be judged by a panel of Cambio editors based equally on (1) the creativity of the selfie and (2) the photographic technique used. The Judges will select one (1) Grand Prize winner. In the event of a tie, the entries involved in the tie are subject to review by an additional judge who will serve as a tiebreaker and who will evaluate entries according to criteria listed above. Decisions of judges are final and binding on all matters relating to this Contest.
Disclaimer of Similarities: Due to the nature of this Contest, there is a possibility that similar Submissions may be entered by multiple individuals. Any similarity between Submissions shall in no way entitle you to any consideration or compensation from the Sponsor or from any third party, including in the event a Submission similar or identical to yours is selected as a winner in this Contest. By submitting your Submission, you specifically acknowledge this possibility and agree to the terms stated in these Official Rules.
Notification of Winner: Potential winners will be contacted via email and/or Instagram and will be asked to provide their full name, age and mailing address within a specified time period. If a potential winner does not respond within the timeframe stated in the notification email, the Sponsor may select an alternate potential winner in his/her place in a random drawing from eligible entries received during the applicable Entry Period.
Requirements of the Potential Winner: Except where prohibited, the potential Grand Prize winner (or, if winner is deemed a minor in his/her state of residence, his/her parent or legal guardian) may be required to complete and return an affidavit of eligibility and liability/publicity release (the "Affidavit/Release") and W-9 form within a specified time period. If the potential Grand Prize winner fails to sign and return the Affidavit/Release and W-9 form within the required time period, the prize will be forfeited and may be awarded to an alternate winner. Acceptance of a prize constitutes consent to use winner's name and likeness for editorial, advertising and publicity purposes without additional compensation, except where prohibited by law.
PRIZE: One Grand Prize Winner will $200 worth of Cover Girl makeup (specific make-up products will be selected by Sponsor). The depiction of the prize/prize components in any advertising or promotional materials may not reflect the actual prize components awarded to the winner.
Prize is not transferable and no cash or other substitution may be made, except by the Sponsor, who reserves the right to substitute a prize with another prize of equal or greater value if the prize is not available for any reason as determined by the Sponsor in its sole discretion. The winners are responsible for any taxes and fees associated with receipt or use of a prize.
ADDITIONAL TERMS AND RESTRICTIONS: Any attempt by an entrant or any other individual to deliberately damage any online service or web site, tamper with the voting process, 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 and/or other remedies from any such person to the fullest extent permitted by law. Failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. If for any reason the Contest is not capable of being executed as planned, or infection by computer virus, bugs, tampering, unauthorized intervention, fraud, action of entrants, technical failures or any other causes beyond the control of Sponsor, corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Contest, Sponsor reserves the right at their sole discretion to disqualify any entry or entrant and to cancel, terminate, modify or suspend the Contest and/or award the prize from among all eligible entries received as of the date of the termination, as Sponsor determines in their sole discretion. Entries not complying with all rules are subject to disqualification. No correspondence regarding entries will be entered into with entrants. Sponsor shall have the right to modify, use, assign or dispose of such entries however they see fit without approval of entrants or any third party. Entrants grant Sponsor the right to use their names, images, likenesses, photographs, voices and biographical materials, and Submissions, for advertising, publicity and promotion purposes including posting the Entries online for judging purposes or any other purpose or on a winner's list and other online announcements, and for sharing the Entries with the local press for viewing, whether TV or print, without additional compensation, unless prohibited by law. Neither entrants nor winners shall receive any compensation or credit for use of entries, other than that disclosed in rules. U.S. law governs the Contest. Online entries will be deemed made by the authorized account holder of the Twitter or Instagram account associated with the entry.
RELEASE: Sponsor and its respective parent companies, affiliates, subsidiaries, divisions, advertising and promotion agencies, and their respective officers, directors, shareholders and employees, Instagram (collectively "Releasees") nor any telephone network or service providers is responsible for incorrect or inaccurate transcription of entry information, or for any human error, technical malfunctions, lost/delayed data transmission, omission, interruption, deletion, defect, line failures of any telephone network, computer equipment, software, inability to access any online service or web site, or any other error or malfunction, or any injury or damage to participant's or any other person's computer related to or resulting from participation in this Contest, or for any injury to person or property arising from the entrant's participation in this Contest or for the use or misuse of any prize won. Releasees are not responsible for lost, late, stolen, illegible or misdirected entries or mail. Winner agrees that the Releasees shall not be liable for any injury, loss, death or damage of any kind resulting from participation in this promotion or for acceptance and use of the prize awarded. Sponsor shall have the right to disqualify any entries that they deem to be obscene, vulgar, sexually explicit, lewd, derogatory, inappropriate, or otherwise not in good taste, as determined by the Sponsor in its discretion.
DISPUTES: Except where prohibited, 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 Commonwealth of Virginia, without giving effect to any choice of law or conflict of law rules (whether of the Commonwealth of Virginia, or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the Commonwealth of Virginia.
SPONSOR: AOL Inc., 770 Broadway, New York, NY 10003
Contest Results: To request the name of the winner, send a self-addressed stamped envelope to Cambio's #SMOOCHIES Winner, c/o AOL, 331 N. Maple Dr., Rm 2A:E06, Beverly Hills, CA 90210. Requests must be received by May 31, 2014.
This Contest is in no way sponsored, endorsed or administered by, or associated with, Instagram.
(C) Copyright 2014 AOL Inc. All rights reserved. Participants are hereby authorized to copy these Official Rules on the condition that it will be for the participant's personal use and not for any commercial purpose whatsoever.
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