StarTribune.com November 2010 The Full Page Project Contest
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW.
1. Sponsor. The StarTribune.com November 2010 The Full Page Project contest (“Contest”) is sponsored by Star Tribune Media Company LLC (“Sponsor”), located at 425 Portland Avenue, Minneapolis, MN 55488.
2. Contest Overview. During the nomination period, any authorized representative of an eligible Minnesota charity may nominate the charity to participate in the Contest by submitting an online nomination form that includes information about the charity and a short essay about why the charity should be selected to win the Contest donation ("Contest Donation"), a full page black and white ad in a Sunday edition of the Star Tribune newspaper (the “Newspaper”). After the nomination period, a voting period occurs during which visitors to startribune.com cast their votes for their favorite nominated charity.
3. Eligibility. No charitable organization may participate in the Contest unless it is an Eligible Minnesota Charity that has been nominated in accordance with these Official Rules by an individual (“Nominator”) who is an Authorized Representative of the Charity. An “Eligible Minnesota Charity” is a charitable non-profit organization (“Charity”) (i) that, according to the records of the Minnesota Secretary of State, has a registered address that is located in Minnesota; and (ii) that, as evidenced by a letter of determination issued by the U.S. Internal Revenue Service (“IRS”), has been approved by the IRS as a tax-exempt, charitable organization under Section 501 (c)(3) of the Internal Revenue Code. An “Authorized Representative” of a given Charity is a person (preferably an officer, director or employee of the Charity) who (i) is at least 18 years old; and (ii) certifies that he or she is authorized to nominate the Charity. With respect to each purported nomination, Sponsor reserves the right to verify whether the Charity is an Eligible Minnesota Charity and whether the Nominator is an Authorized Representative. The Contest is void in all jurisdictions other than Minnesota and where prohibited or restricted by law. Employees, officers and directors of Sponsor, UPICKEM, Inc. (“UPICKEM”), and their respective subsidiaries, affiliates, advertising and promotional agencies (including but not limited to Risdall Marketing Group, LLC) are not eligible to act as Nominators. The Contest, and any website pages and advertisements relating thereto, is intended for viewing only within the jurisdictions where the Contest is offered and any persons nominating or voting in the Contest must be present in the United States or the District of Columbia at the time they participate in such activities.
4. Nomination Period. The “Nomination Period” begins at 10:00 a.m. Central Time (“CT”) on Thursday, November 4, 2010, and ends at 10:00 a.m. CT on Monday, November 15, 2010 (the “Nomination Deadline”). Sponsor’s (or its designee’s) computer is the official time-keeping device for the Contest.
5. How to Nominate.
a. To nominate a Charity for participation in the Contest, go to startribune.com/contests (the “Contest Site”) during the Nomination Period and follow the links and instructions (“Nomination Instructions”) to submit the information required for nomination (collectively, the “Nomination”). Each Nominator must completely fill out the online nomination form and submit the Nomination in accordance with the on-screen instructions. All Nominations must be submitted online. Mailed or hard copy Nominations will not be accepted. All Nominations must be received by Sponsor during the Nomination Period. Failure to submit all required information and submissions in the manner required in these Official Rules may result in disqualification. Nominations will not be acknowledged or returned. Proof of submission will not be deemed to be proof of receipt by Sponsor. LIMIT: No more than one (1) purported Nomination per Charity shall be effective as a Nomination, and each Nominator may nominate no more than one Charity. If more than one purported Nomination of the same Charity is submitted by different individuals, no more than one shall be designated as the official Nomination for that Charity and all other Nominations with respect to that Charity will be disqualified. If a Nominator nominates more than one Charity, each such Nomination is subject to disqualification.
b. As indicated in the Nomination Instructions, each Nomination must include a short essay (“Essay”), the required length of which is indicated in the Nomination Instructions, that explains why the Charity deserves to receive the Contest Donation (as defined below). Each Nominator may also submit, as part of the Nomination, a photo or logo (the “Photo/Logo”) that depicts or identifies the Charity. Each Essay and each submitted Photo/Logo must be in good taste. Sponsor reserves the right to disqualify any Nomination for any reason, including but not limited to the Nominator’s failure to comply with the requirements in this paragraph. Sponsor reserves the right to allow entrants' to make corrections to their nominations. Corrections to entrants' contact information will be allowed throughout the full period of the contest.
c. All Nomination Content must be the property of the Charity (or the Charity must have all licenses and permissions necessary to use the Nomination Content. (“Nomination Content” means, with respect to a given Nomination of a Charity, all of the content (including but not limited to the Essay and any submitted Photo/Logo) of the Nomination. By submitting a Nomination in the Contest, the Nominator, on behalf of the nominated Charity, represents (i) that the Charity is an Eligible Minnesota Charity; (ii) that the Nominator is the Authorized Representative of the Charity and is authorized to act on behalf of the Charity and to grant to Sponsor all rights necessary to use the Nomination Content in the Contest; (iii) that, with respect to all Nomination Content, the Charity either owns the Nomination Content or has all licenses and permissions necessary to use the Nomination Content for purposes of nominating the Charity for participation in the Contest; (iv) that the Nominator, acting on behalf of the Charity, has granted to the Sponsor an irrevocable license to edit, publish, republish, distribute, and copy all or any part(s) of the Nomination Content (as edited, if applicable) an unlimited number of times in any print, electronic or other medium now known or hereafter invented, and (v) that the Nominator and/or the Charity has obtained from anyone identified in the Essay or any submitted Photo/Logo (or the parent or guardian of any child so identified) all permission necessary to grant the Sponsor the foregoing license. Modifying, enhancing or altering a third party’s preexisting work does not qualify as an original creation of the Nominator or the Charity. All Nomination Content must be in keeping with the Sponsor’s positive image and may not be offensive or inappropriate, as determined by Sponsor in its sole discretion, nor may it defame or invade publicity rights or privacy of any person, living or deceased, or entity, or otherwise infringe upon any person’s or entity’s personal, intellectual property or property rights or any other third party rights. All Nomination Content must adhere to startribune.com standard terms and conditions for user-generated content located at http://www.startribune.com/termsofuse. Sponsor reserves the right, in its sole discretion, to disqualify any Nomination for any reason, including any Nomination Sponsor deems, in whole or in part, to be offensive, inappropriate or not in keeping with Sponsor’s positive image. Any Nomination Content that does not comply with any aspect of these Official Rules may be rejected by Sponsor and the Charity disqualified.
d. Each Nominator, acting on behalf of the applicable nominated Charity, agrees that Sponsor and its successors, assigns, licensees and designees shall have the perpetual, irrevocable, world-wide and fully-transferable right (but not obligation) to use, modify, display, reproduce, make derivative works of, and otherwise exploit the Nomination and the Nomination Content (or any part thereof) for promotional purposes in any manner or media whether now or hereafter existing and/or to otherwise use or commercially exploit any Nomination and/or Nomination Content (or any part thereof) or information or ideas contained within any Nomination or Nomination Content, all without further payment, consideration, attribution, notice or consent. Sponsor shall have no obligation to maintain any Nomination or Nomination Content, or any information or ideas contained therein, as confidential or proprietary. Sponsor reserves the right to edit, modify, or abridge any such Nomination and/or Nomination Content for any reason prior to use.
e. All Nominators, Nominations and nominated Charities are subject to verification by Sponsor. Sponsor reserves the right to conduct a background check on any or all Nominators and nominated Charities, and Sponsor reserves the right to disqualify any Nominator and/or nominated Charity based on such background check if Sponsor determines in its sole discretion that awarding a donation to any such Charity might reflect negatively on Sponsor. Nominators and nominated Charities will cooperate with Sponsor and its representatives in connection with any and all verification and background check activities, including, without limitation, signing and delivering background check authorizations.
6. Selection and Notification of Winner.
a.Voting Period. The “Voting Period” is the period beginning at 1:00 p.m. on Monday, November 15, 2010, and ending at 5:00 p.m. on Sunday, November 21, 2010 (the “Voting Deadline”).
b.Voting. Throughout the Voting Period, public voting will be conducted to determine which eligible charity will receive the Contest Donation. Members of the public will be invited to visit the Contest Site, review the Charities whose Nominations have been accepted for participation in the Contest (each, a “Participating Charity”) and and submit votes for the Participating Charity of their choice during the Voting Period. Each person who votes for a Charity in the Contest (“Voter”) may submit no more than one vote per hour during the Voting Period. Voters will be asked to submit their Contest votes (each, a “Vote”) based upon the Participating Charity they think is most deserving of the Contest Donation.
c.Selection of Winner. The apparent winner of the Contest Donation (“Apparent Winner”) will be the Participating Charity that receives the most total Votes during the Voting Period. If two or more Participating Charities are tied for receipt of the most total Votes (in which event each such Charity shall be a “Tie Participant”), Sponsor will select the Apparent Winner from among all Tie Participants by a random drawing. Once the Apparent Winner complies with all of the requirements of these Official Rules pertaining to winner notification and donation acceptance (below), Sponsor will declare the Apparent Winner to be the actual winner of the Contest Donation (“Winner”).
d.Notification and Acceptance. On or about Monday, November 22, 2010 (the “Contest End Date”), Sponsor (in accordance with Section 6.c., above) will determine the Apparent Winner and will notify the Apparent Winner’s Authorized Representative, by phone or email, that the applicable Participating Charity is the Apparent Winner. The Apparent Winner must comply with all terms and conditions of these Official Rules, and winning is contingent upon fulfilling all requirements. If the Authorized Representative is not present at the time of the notification and a telephone message or email can be left by Sponsor at that time, the Authorized Representative will have forty-eight (48) hours to accept the donation by returning Sponsor’s call at the number provided by Sponsor or returning an email at the email address provided by Sponsor. The Apparent Winner may be required to execute and return to Sponsor the following in order to claim the Grand Prize (collectively, the “Acceptance Documents”): (i) An affidavit of eligibility, a liability release and (except where prohibited by law) a publicity release in the form(s) provided by Sponsor, and (ii) any other donation acceptance documents in the form(s) provided by Sponsor. The Acceptance Documents must be returned to Sponsor by the date and/or time indicated by Sponsor.
e.Selection of Alternate Winner. With respect to any Apparent Winner, if Sponsor is unable to leave a telephone message or email at the Apparent Winner’s Authorized Representative’s phone number or email address when the Sponsor places the notification call or email, or if the Apparent Winner does not return the notification call or email within forty-eight (48) hours of Sponsor’s first attempt to contact the Apparent Winner’s Authorized Representative by telephone or email, or if the Apparent Winner fails to return the Acceptance Documents within the specified time, or if the Authorized Representative or the Apparent Winner is found to be ineligible, or if the Apparent Winner does not comply with the Official Rules, then Sponsor may declare the Apparent Winner disqualified and select an alternate Apparent Winner based on the Votes collected during the Voting Period (and, if applicable, another random drawing among remaining Tie Participants). In such event, Sponsor will notify the alternate Apparent Winner by telephone or email as described above, and the alternate Apparent Winner will be required to return the Acceptance Documents to Sponsor as described above. However, Sponsor, in its sole discretion, may adjust the above timing and delivery requirements to accommodate Sponsor’s Contest schedule. Sponsor is not responsible for the failure of an Apparent Winner to receive Sponsor’s telephone or email message or the Acceptance Documents for any reason, or for the inability of such Apparent Winner to return Sponsor’s telephone or email message or the Acceptance Documents for any reason. Each Nominator, on behalf of the Nominator and the applicable Participating Charity, agrees that neither the Nominator nor any person acting on behalf of the Participating Charity will conduct or participate in any media interview regarding this Contest or any prize without the express prior written permission of Sponsor.
7. Agreement to Abide by Official Rules and Decisions; Contest Judges. By participating in the Contest, each Nominator, on behalf of the Nominator and the applicable Participating Charity, fully and unconditionally accepts and agrees to be bound by these Official Rules and the decisions of Sponsor and the Contest Judges (including, without limitation, decisions regarding eligibility of Nominations, the selection of the Winner, and the awarding of the Contest Donation), which decisions are final and binding in all respects. (“Contest Judges” means a panel of Contest judges selected by Sponsor, all or some of which Contest judges may be employees or agents of Sponsor.)
8. Contest Donation. A total of up to one (1) donation (the “Contest Donation”) will be awarded to the Winner in this Contest. The Contest Donation consists of and is limited to a full page black & white ad in the Newspaper (the “Ad”). Subject to space availability and other production considerations to be determined by the Sponsor, the Winner may select the specific Sunday in which the Ad is to be published (provided that the Sunday so selected is within 30 days of the Contest End Date). Sponsor will select the Newspaper section in which the Ad will be published. The content of the Ad (“Ad Content”), including any images or text, must meet the Newspaper’s standards of advertising and must be approved by the Newspaper prior to publication in the Newspaper. The Winner will be responsible for the creation and building of the Ad (but may seek assistance from Risdall Marketing Group, LLC). The approximate retail value ("ARV") of the Contest Donation in this Contest is $35,784.00. Donation must be accepted as awarded, and donation is awarded “AS IS” with no warranty, representation, or guarantee, express or implied, in fact or in law, made by Sponsor or for which Sponsor may be liable. WITHOUT LIMITATION, SPONSOR DOES NOT MAKE (AND SPONSOR SPECIFICALLY DISCLAIMS) ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. All costs and expenses not specified herein related to the Contest Donation or the award, acceptance or use thereof, including but not limited to transportation costs, lodging, meals, beverages, taxes (including income taxes), gratuities, insurance, healthcare expenses, surcharges and other expenses incurred with respect to the award, acceptance and use of the Contest Donation are the sole responsibility of the Winner. Each Contest Donation is non-transferable and non-assignable, and it is not refundable. No cash or other substitution may be made, except by Sponsor. Winner is fully responsible for any and all applicable federal, state and local taxes and assessments associated with the award, receipt and use of the Contest Donation.
9. Subsequent Contests. Sponsor, at its sole discretion, may elect in the future to conduct one or more additional contests that are substantially similar to the Contest (for example, a December 2010 The Full Page Project contest) (each, a “Project Contest”). If Sponsor undertakes any such Project Contests, Sponsor, at its option, may elect to consider as a nomination in any such Project Contest any Nomination (except that of the Winner) that was submitted with respect to the Contest. (For example, Sponsor may elect to consider as nominated in the next Project Contest any Participating Charity that did not win the Contest Donation in the Contest.) Any such Project Contest, at Sponsor’s discretion, may also provide for a new nomination period in which additional Charities may be nominated. Any Charity (through its nominating Authorized Representative) may opt out of participation in any Project Contest at any time by notifying the Sponsor at contestsupport@startribune.com. Any Charity that has won a Contest Donation in the Contest or any Project Contest shall not be eligible to participate in a subsequent Project Contest.
10. Publicity. Except where prohibited by law, participation in the Contest constitutes the Participating Charity’s consent to Sponsor’s (and its successors’, assigns’, licensees’ and designees’) use of the Participating Charity’s Nomination Content (including the Essay, the Photo/Logo, and any name, biography, likeness, voice, photographs, video, opinions, hometown, state and country included in Nomination Content) for promotional or other purposes in any manner or media (including, without limitation, online), worldwide, in perpetuity, and without further notice, payment, consideration or consent.
11. General Conditions. Sponsor reserves the right to change these Official Rules at any time, with or without cause. Without limitation of the foregoing, Sponsor reserves the right, in its sole discretion, to terminate, modify or suspend the Contest if, in Sponsor’s opinion, there is any suspected or actual evidence of electronic or non-electronic tampering with any portion of the Contest, or if viruses, bugs, unauthorized intervention, fraud, technical difficulties or failures or any other factor beyond Sponsor’s reasonable control corrupt or affect the administration, security, fairness, integrity or proper conduct of the Contest. In such event, Sponsor reserves the right (but does not have an obligation) in its sole discretion to award any or all prizes based on the above voting criteria from among eligible, non-suspect Nominations received up to the time of suspected impairment. Sponsor reserves the right in its sole discretion to disqualify from participation (whether as an Authorized Representative, Participating Charity, Voter or otherwise) any person or entity Sponsor finds to be tampering with the nomination and/or voting process or the operation of the Contest or to be acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately damage any web site or undermine the legitimate operation of this Contest is a violation of criminal and civil laws, and, should such an attempt be made, Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
12. Release. By participating in the Contest, each person or entity that participates in the Contest in any way, whether as an Authorized Representative, Participating Charity, Voter or otherwise (each, a “Participant”), forever and irrevocably releases and holds harmless Sponsor, its parents, subsidiaries and affiliates, and their respective agents, advertising, public relations and promotion agencies, affiliates, Contest partners (including UPICKEM) and Risdall Marketing Group, LLC, donation suppliers, and all of their respective employees, officers, directors, shareholders and agents from and against all claims, damages or liabilities arising in whole or in part, directly or indirectly, from Participant’s participation in the Contest; Participant’s donation, receipt or use of any donation given in the Contest; and Participant’s participation in any donation or Contest related activities.
13. Limitation of Liability. Neither Sponsor, Risdall Marketing Group, LLC nor UPICKEM is responsible for: (a) incorrect or inaccurate transcription of entry information or late, lost, stolen, unintelligible, illegible, damaged, mutilated, altered, incomplete, misdirected Nominations or Votes or Nominations or Votes received through impermissible or illegitimate channels, all of which will be disqualified; (b) technical failures of any kind, including but not limited to the malfunctioning of any telephone, computer online systems, computer equipment, web site, server provider, network, hardware or software; (c) the unavailability or inaccessibility of any telephone, mail, website or service; (d) unauthorized intervention in any part of the entry process or the Contest; (e) printing, typographical, electronic or human errors which may occur in the offer or administration of the Contest or the processing of Nominations or Votes; or (f) any injury or damage to persons or property, including but not limited to Participant’s computer, which may be caused, directly or indirectly, in whole or in part, from Participant’s participation in the Contest, or from viewing, playing or downloading any material from Sponsor’s or UPICKEM’s web site(s), regardless of whether the material was prepared by Sponsor or a third party, and regardless of whether the material is connected to Sponsor’s or UPICKEM’s web site(s) by a hypertext link.
14. Disputes. Each Participant agrees that: (a) any and all disputes, claims, and causes of action arising out of or connected with this Contest, or any donations given shall be resolved individually, without resort to any form of class action, and solely and exclusively in a federal or state court located in Minneapolis or St. Paul, Minnesota; Participant submits to sole and exclusive personal jurisdiction to said courts in the State of Minnesota for any such dispute and irrevocably waives any and all rights to object to such jurisdiction; (b) any and all claims, judgments, and awards shall be limited to actual out of pocket costs incurred, including costs associated with participating in this Contest but in no event attorneys’ fees; and (c) under no circumstances will Participant be permitted to obtain awards for and Participant hereby waives all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of Participant or Sponsor in connection with the Contest shall be governed by, and construed in accordance with, the laws of the State of Minnesota, without giving effect to any choice of law or conflict of law rules or provisions (whether of the State of Minnesota, the United States, or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Minnesota.
15. Data Collection. Sponsor collects personal information from Participants when they participate in the Contest. The information collected is subject to the Privacy Policy of Sponsor located at www.startribune.com/termsofuse.
16. Official Rules; Winners List; Miscellaneous.
a. Official Rules. These Official Rules are available online at the following location: http://startribune.upickem.net/engine/Rules.aspx?contestid=22815 at the contest section of the website or by sending a self-addressed postage-stamped envelope to “StarTribune.com November 2010 The Full Page Project Contest– Rules Request,” c/o Tim Jandro, Star Tribune Media Company LLC, 425 Portland Avenue, Minneapolis, MN 55488.
b. Winner’s List. To request a list of winners, send a self-addressed postage-stamped envelope to “ StarTribune.com November 2010 The Full Page Project Contest – Winners’ List Request,” c/o Tim Jandro, Star Tribune Media Company LLC, 425 Portland Avenue, Minneapolis, MN 55488.
c. Requests for rules or a list of winners must be received prior to December 22, 2010.
d. The Contest and all of the related pages, contents and code are copyright Star Tribune Media Company LLC. Copying or unauthorized use of any copyrighted materials, trademarks or any other intellectual property without the express written consent of its owner is strictly prohibited.
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