Contest Rules and Regulations
NO PURCHASE OR PAYMENT IS NECESSARY TO ENTER OR WIN. VOID WHERE PROHIBITED.
The rules provided below (“Contest Rules”) are the rules for the Performance Brands, Inc Playboy Rabbit Head photo contest offered through its Playboy Tanning and Sun Care Facebook page at the following URL http://www.facebook.com/home.php#!/pages/Playboy-Tanning-and-Sun-Care/126609820711893 (the “Contest”). You accept the Contest Rules by submitting any photos, text and any other content or information (collectively “Materials”) through http://www.facebook.com/home.php#!/pages/Playboy-Tanning-and-Sun-Care/126609820711893 (“Playboy Tanning & Sun Care Facebook Page”) to be considered for the Contest. If you do not have legal authority or do not agree with the Contest Rules, you may not participate in the Contest and will not be eligible for any award or prize. Performance Brands, Inc. reserves the right in its sole discretion to alter any of the Contest Rules at any time.
- Eligibility. The Contest is open to legal residents of the fifty (50) United States, Washington, D.C., and Canada who are over the age of 18. Entries are limited to individuals only, commercial enterprises and business entities are not eligible. There is no purchase necessary to enter or to win the Contest. A purchase will not improve your chances of winning the Contest. You must be a member of the social media site on which the Contest is being conducted in order to participate. The officers, directors, and employees of Performance Brands, Inc, and/or any other party having responsibility for the development or administration of this Contest, including the immediate family members (i.e., parents, children, siblings, spouse) of the foregoing, are prohibited from entering the Contest. Any violation of the Contest Rules may result in disqualification. Performance Brands, Inc. shall not have any obligation to notify violators of their disqualification. This Contest is void where prohibited.
- Contest Period. The Contest period commences at 12:00 a.m. Easter Standard Time on February 2, 2011 and ends at 11:59 p.m. Eastern Standard Time on March 1, 2011 (the “Contest Period”). All entries must be received during the Contest Period in order to be eligible for a contest award or prize.
- How to Enter the Contest. In order to submit Materials to be considered for the Contest entrants must be a fan of Playboy Tanning and Sun Care or become fans by clicking the “Like” tab located on the Playboy Tanning and Sun Care Facebook Page. Once a fan, you may submit/post Materials on the Wall of the Playboy Tanning and Sun Care Facebook Page. In order to enter the contest, take a creative photo of yourself with the Playboy Rabbit Head Sticker. No nudity. The photo must be entitled ““Playboy Rabbit Head Sticker Contest”” and posted on the “Wall” of the Playboy Tanning and Sun Care Facebook Page in order to be eligible for the Contest. Entrants may submit one entry. Performance Brands, Inc. reserves the right to reject, refuse to post or delete any Materials for any reason, including Materials that in the sole judgment of Performance Brands, Inc violate the rules contained herein or which may be offensive. Further, any illegible, unintelligible or incomplete Materials as determined by Performance Brands, Inc. in its sole discretion may be disqualified. Any deleted or disqualified Materials shall not be eligible for the Contest.
- Winner Selection & Notification. The winner of the prize detailed below will be selected by Performance Brands, Inc. based on the number of “Likes” the photo received via users on the Playboy Tanning and Sun Care Facebook Page. The number of “Likes” on a photo will be counted directly from the Fan Photos from Playboy Tanning and Sun Care album. Only “Likes” present in the Fan Photos from Playboy Tanning and Sun Care album will be counted, all “Likes” resulted from content being shared are void. The winners will be announced on or around March 4, 2011 (the “Decision Date”) on the Playboy Tanning and Sun Care Facebook Page. If possible, Performance Brands, Inc. will notify a winner via a message sent to the Facebook page of the user account of the submitted photo. You must respond within fourteen (14) days from the Decision Date. If any winner does not respond within that time, the winner forfeits all rights to the prize and an alternate winner may be selected. Winners must meet all eligibility requirements and comply with all the Contest Rules as described herein. Performance Brands, Inc. will determine whether each winner meets those requirements only for those winners who have responded within the time allotted after the Decision Date as specified above. Winners who do not meet all eligibility requirements and who do not comply with the Contest Rules as described herein may be disqualified and alternate winners may be selected.
- Prize. The Contest winner will be decided based on the number of “Likes” received on their photo in the Fan Photos from Playboy Tanning and Sun Care Facebook album, and there shall be a maximum of five winners and five prizes. The Materials meeting all eligibility requirements and receiving the greatest number of “Likes” in the fan album shall constitute the winner of the Contest. The winner will receive a Bunny Tanning Bundle valued at one hundred fifty dollars ($150). The Bundle will be sent to the contestant after response is received. In the rare case of a tie in the number of “Likes,” Performance Brands, Inc. reserves the right in its sole discretion to choose the winning Materials.
- Ownership and License. All Materials submitted/posted to Playboy Tanning and Sun Care become the sole and exclusive property of Performance Brands, Ins, and Performance Brands, Inc. shall have no obligation to preserve, return or make available these Materials to you or others. Entry into the Contest constitutes entrant’s irrevocable and perpetual permission and consent, without further compensation or attribution, to use, reproduce, modify, create derivative works from, print, publish, transmit, distribute, sell, perform, adapt, enhance, and display such Materials for any purpose, including but not limited to editorial, advertising, trade, commercial, and publicity purposes by Performance Brands, Inc., and/or others authorized by Performance Brands, Inc., in any and all media now in existence or hereinafter created, throughout the world, for the duration of the copyright in the Materials. Performance Brands, Inc., and/or others authorized by Performance Brands, Inc., shall have the right to edit, adapt, and modify the Materials. You represent and warrant that the Materials are original do not infringe any copyright, trademark, proprietary rights, rights of privacy or publicity of any person, or any other right of any third party, and that you have the full and unrestricted right to transfer the Materials to Performance Brands, Inc. free and clear of any claims or encumbrances.
- Publicity and Release. Except where prohibited by law or regulation, you grant Performance Brands, Inc. permission to use your name, username, online alias, likeness and statements for any purpose in reference to the Contest without additional compensation, consideration or consent. Performance Brands Inc.’s use of all information collected from participants will be in accordance with its privacy policies. Performance Brands, Inc. reserves the right to use any Materials in all print and electronic media, and to edit any Materials for brevity and clarity.
- Consent and Indemnification. Entrants are solely responsible for their own actions and agree to defend, indemnify and hold harmless Performance Brands, Inc., their parents, subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies and divisions and the officers, directors, employees, agents, successors, assigns and licensees from and against any claim or cause of action, any liability for losses, damages or injuries arising in connection with their participation in the Contest or the award of a prize, including, but not limited to, personal injury, death or damage to or loss of property, arising out of participation in the Contest or receipt or use or misuse of any prize or participation in any Contest related activity and for any claims based on publicity rights, defamation or invasion of privacy. You acknowledge and agree that any Materials you submit may be made available by Performance Brands, Inc. for viewing, rating and commenting by the public. You acknowledge that comments or ratings that you disagree with or are not content about may be published or otherwise become associated with Materials that you submit to Performance Brands, Inc. By submitting Materials to Performance Brands, Inc., you waive any privacy expectations that you may have with respect to the Materials.
10. Disclaimers. Entries that are lost, received after the Contest period, misdirected, incorrect, garbled, or incompletely received, for any reason, including by reason of hardware, software, browser, or network failure, malfunction, congestion, incompatibility or technical errors occurring on any social media site on which the Contest is conducted will not be eligible for consideration in the Contest. Entries will be deemed submitted by 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 institute) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. Performance Brands, Inc., in its sole discretion, reserves the right to disqualify any person that it determines has tampered with the entry process, the integrity of the voting process, or the operation of the Playboy Tanning and Sun Care Facebook Page. Use of bots or other automated process to enter Contests is prohibited and may result in disqualification at the sole discretion of Performance Brands, Inc. Performance Brands, Inc. further reserves the right to cancel, terminate or modify the Contest at any time without prior notice if any fraud, technical failures or any other factors beyond Performance Brands, Inc,’s reasonable control impairs the integrity or proper functioning of the Contest, as determined by Performance Brands, Inc. in its sole discretion, and/or to select a winner for the prize from eligible Materials received prior to the cancellation. Performance Brands, Inc is not to be held accountable for any technical issues which may occur as a result of using the Facebook site.
PERFORMANCE BRANDS, INC. MAKES NO WARRANTIES, REPRESENTATIONS OR GUARANTEES, EXPRESS OR IMPLIED, IN FACT OR IN LAW, AS REGARDS THIS CONTEST OR THE MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE REGARDING ANY PRIZE OR ANY COMPONENT OF ANY PRIZE. CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE THE PLAYBOY TANNING AND SUN CARE FACEBOOK PAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, PERFORMANCE BRANDS, INC. RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING WITHOUT LIMITATION ATTORNEYS’ FEES) FROM ANY SUCH ENTRANT TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
11. Miscellaneous. The Contest is subject to all applicable federal, state, and local laws and regulations and is not available to those residing in jurisdictions where such contests are prohibited. Issues concerning the construction, validity, interpretation and enforceability of these Contest Rules shall be governed by the laws of the State of Florida. All disputes arising out of or connected with this Contest will be resolved individually, and without resort to class action, exclusively by binding. Any and all claims, judgments and awards in connection with the Contest shall be limited to actual out-of-pocket costs incurred in connection with the Contest but in no event attorneys fees; and under no circumstances will an entrant be permitted to obtain awards for, and entrants hereby waive all rights to claim punitive, incidental and consequential damages and any other damages, other than actual out-of-pocket expenses, and hereby waives all rights to have damages multiplied or otherwise increased. These Contest Rules will bind all contestants, and their respective heirs, representatives, successors and permitted assigns. These Contest Rules supersede any prior oral or written agreements relating to rules or procedures for the Contest. These Contest Rules will not be construed to impose upon Performance Brands, Inc. any obligations for any losses, debts or other obligations incurred by any Contest participant.
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