Patch's Little Pumpkin Costume Challenge with Heidi Klum
No Purchase Required to Enter or Win
1. ELIGIBILITY: Patch’s Little Pumpkin Costume Challenge with Heidi Klum (the “Contest”) is open only to individuals who are legal residents of the fifty (50) United States (including the District of Columbia) and are 18 years of age or older. Employees of Patch Media Corporation, AOL Inc., their advertising or promotion agencies, those involved in the production, development, implementation or handling of Contest, any agents acting for, or on behalf of the above entities, their respective parent companies, officers, directors, subsidiaries, affiliates, licensees, service providers, prize suppliers any other person or entity associated with the Contest (collectively “Contest Entities”) and/or the immediate family (spouse, parents, siblings and children) and household members (whether related or not) of each such employee, are not eligible. All federal, state and local laws and regulations apply. Void in Puerto Rico and where prohibited by law.
2. SPONSOR: The Contest is sponsored by Patch Media Corporation, 584 Broadway, Suite 808, New York, NY 10012 (“Sponsor”).
3. AGREEMENT TO OFFICIAL RULES: Participation in the Contest constitutes entrant’s full and unconditional agreement to and acceptance of these Official Rules and the decisions of the Sponsor, which are final and binding. Winning a prize is contingent upon fulfilling all requirements set forth herein.
4. ENTRY PERIOD: The Contest will begin at 6:00 am EST on October 19, 2011 and end at 9:00 pm entrant’s local time on October 31, 2011 (the “Entry Period”). Entries received prior to or after the Entry Period will not be accepted.
5. ENTRY: To enter the Contest, go to your local Patch site and follow the directions to upload a photo of your child(ren) dressed in their Halloween costume (the “Submission”). Go to Patch.com to find your local Patch site. Entrant must be the parent or legal guardian of the child(ren) appearing in the Submission. Children appearing in Submissions must be 12 years of age or younger. The use of any agencies or automated software to submit entries will void all entries submitted by that person. See Section 11 for additional information regarding submissions.
6. JUDGING: Judges will select one (1) Grand Prize Winner and nine (9) Runners-Up based equally on the most creative and innovative child’s costume (the “Judging Criteria”). In the event of a tie, the submissions involved in the tie will be reviewed by an additional judge according to the Judging Criteria. Decisions of judges in are final.
7. WINNER NOTIFICATION: Sponsor will notify the potential winners via email at the conclusion of the Contest. In order for potential winners to receive their prize, they must respond to the email within the time period stated and provide their full name, age and mailing address. Failure of any potential winner to provide this information within the stated timeframe will result in forfeiture of the prize, which may then be awarded to an alternate winner.
8. REQUIREMENTS OF THE POTENTIAL WINNERS: EExcept where prohibited, the potential winners may be required to complete and return an affidavit of eligibility and liability/publicity release (the “Affidavit/Release”) within fourteen (14) days of being notified. If a potential winner fails to sign and return the Affidavit/Release within the required time period, an alternate entrant will be selected in his/her place based on the Submission with the next highest score per the Judging Criteria.
9. PRIZE: One (1)Grand Prize Winner will receive a trip for two (2) to New York City or Los Angeles to meet Heidi Klum during a scheduled video shoot and a $1,031 donation made to the 501(c)3 local charity of Winner’s choice (subject to Sponsor’s approval). The prize includes round-trip (coach) air transportation from a major airport nearest the winner’s home to either New York City or Los Angeles (destination to be selected by Sponsor); hotel accommodations for 3 days/2 nights; the opportunity to meet Heidi Klum; and ground transportation between hotel and airport. Approximate Retail Value of Grand Prize is $3,500. Winner and his/her guest must be able to travel on dates selected by Sponsor. If the winner cannot travel on the dates/times specified by Sponsor, the prize will be forfeited and may be awarded to an alternate winner.
Specifics of all aspects of the Grand Prize are in Sponsor’s sole discretion. The actual value may vary based upon point of departure and dates of travel and winner will not receive any difference in value. If winner and travel companion reside within a 100-mile radius of the Sponsor-selected destination, ground transportation may be provided in lieu of air transportation and no compensation or substitution will be provided for difference in prize value. Winner and travel companion must travel together on the same itinerary and are responsible for obtaining all required travel documents. If Winner’s travel companion is a minor, the minor must be the legal child/ward of the Winner. The Winner’s travel companion (or, if a minor, his/her parent or legal guardian, must execute liability/publicity releases prior to issuance of travel documents, within a timeframe to be determined by Sponsor. All costs and expenses not specified herein are the sole responsibility of the winner, including, but not limited to, meals and beverages, ground transportation not specified above, taxes and gratuities. The winner and his/her travel companion are responsible for obtaining travel insurance (and all other forms of insurance) that they may wish to obtain (at their own expense) and hereby acknowledge that the Sponsor has not and will not obtain or provide travel insurance or any other form of insurance. Airline carrier’s regulations and conditions apply. In the event the meet and greet with Heidi Klum is unable to take place for any reason whatsoever, Sponsor will have no further obligation other than to award the remaining portions of the prize. Approximate Retail Value (ARV) of the trip portion of the Grand Prize is $3,500.
Nine (9) Runners-Up will each receive a $1,031 donation made to the 501(c)3 local charity of Winner’s choice (subject to Sponsor’s approval).
The Sponsor may request written proof of selected charity’s 501(c)3 status. Winner’s failure to provide written proof of the selected charity’s 501(c)3 status by the deadline given will result in disqualification. 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.
10. GENERAL CONDITIONS: In the event that the operation, security, or administration of the Contest is impaired in any way for any reason, including, but not limited to fraud, virus, or other technical problem, the Sponsor may, in its sole discretion, either: (a) suspend the Contest to address the impairment and then resume the Contest in a manner that best conforms to the spirit of these Official Rules; or (b) award the prize from among the eligible entries received up to the time of the impairment. The Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry 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 undermine the legitimate operation of the Contest may be a violation of criminal and civil law, and, should such an attempt be made, the Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. The Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. In case of a dispute as to the owner of an entry, entry will be deemed to have been submitted by the authorized account holder of the screen name from which the entry is made. The 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 responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address.
11. RELEASE AND LIMITATIONS OF LIABILITY: By participating in the Contest, entrants agree to release and hold harmless the Contest Entities from and against any claim or cause of action arising out of participation in the Contest or receipt or use of any prize, including, but not limited to: (a) unauthorized human intervention in the Contest; (b) technical errors related to computers, servers, providers, or telephone or network lines; (c) printing errors; (d) lost, late, postage-due, misdirected, or undeliverable mail; (e) errors in the administration of the Contest or the processing of entries; or (f) injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Contest or receipt of any prize. Entrant further agrees that in any cause of action, the Contest Entities’ liability will be limited to the cost of entering and participating in the Contest, and in no event shall the Contest Entities be liable for attorney’s fees. Entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages.
12. 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 discretion. Submissions must be 100% your original work, that is, portraits or other photographs of your child(ren) taken by a professional photographer unrelated to you, where the photographer retains ownership of the photographs, are specifically prohibited from entry unless you have written permission from the photographer. Submissions must not contain any third party material or content (including but not limited to , likenesses, photographs, film or video clips, music, or any other copyrighted content) for which you have not been granted specific written permission for this use by 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, or, as applicable, your child’s or childrens’ image(s), 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/your child’s name, images, likenesses, photographs, voices, biographical materials, and Submission for advertising, publicity and promotional purposes in broadcast, print and or other media as the Sponsor may determine in their 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.. By submitting 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. By submitting your Submission, you further warrant and represent that: (i) you are the parent or guardian of any minor child(ren) seen in the Submission; or (ii) have obtained written consent from the parent or guardian of such minor child(ren) to include the minor children in the Submission and to grant to Sponsor all rights granted herein, and will be able to provide these permissions to Sponsor upon Sponsor’s written request.
13. DISPUTES: Except where prohibited, entrant agrees that any and all disputes, claims and causes of action arising out of, or connected with, the Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in the Commonwealth of Virginia. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, entrant’s rights and obligations, or the rights and obligations of the 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.
14. CONTEST RESULTS: To request the name of the winner, send a self-addressed stamped envelope to Heidi Klum Halloween Winner, c/o Patch, 584 Broadway, Suite 808, New York, NY 10012. Requests must be received by November 15, 2011.