NO PURCHASE NECESSARY TO ENTER OR WIN. OPEN ONLY TO LEGAL RESIDENTS OF THE 50 UNITED STATES, INCLUDING THE DISTRICT OF COLUMBIA, WHO ARE 21 YEARS OF AGE OR OLDER AS OF THE DATE OF ENTRY. VOID WHERE PROHIBITED BY LAW.
1. PROMOTION PERIOD: CELEBRATIONS® "2nd Annual Cupcake Crown Photo Contest" (hereinafter the "Contest") begins at 12:00 AM EST on 1/21/13 and ends at 11:59 PM EST on 2/13/13 (the "Promotion Period"). The Promotional Period will be divided into two parts, an approximately nine day Entry Period following by an approximately two week Voting Period as detailed in Section 2 and 3 respectively herein.
2. HOW TO ENTER: To enter the Contest visit www.celebrations.com/cupcakecrown between 12:00 AM EST on 1/21/13 thru 11:59 PM EST on 1/29/13 (the “Entry Period”) and submit a photograph of your most creative, original & fun cupcake (hereinafter the “Entry” or “Entries”). Note the picture must only be of the cupcake and cannot contain any identifiable individuals in any photograph. You may enter the Contest only once.
2A. ADDITIONAL ENTRY TERMS & CONDITIONS. Use of computer programs and/or other automated devices to enter or vote in the Contest are prohibited. Normal Internet access and usage charges imposed by your on-line service will apply.
2B. YOU AGREE AND UNDERSTAND that you are submitting your Entry on a non-confidential basis, and agree that if accepted Sponsor will publish your Entry for public voting, but Sponsor is under no obligation to accept or publish your Entry
2C. YOU REPRESENT AND WARRANT (i) you are at least twenty one (21) years of age ; (ii) the Entry is original to you and you are the sole owner, creator, inventor and/or author of the Entry; (iii) you grant Sponsor the exclusive right to use of the Entry in any advertising and promotional materials (visual, sound, print and/or electronic form), including posting Entries on its website, (iv) you grant Sponsor any and all necessary rights and licenses provided herein, including without limitation, all necessary copyright and other related rights to the Entry, free and clear of all claims and encumbrances to use the Entry; (v) use of the Entry will not infringe the rights of any third parties (including copyright, trademark, rights of likeness, rights of privacy and rights of publicity), and that you have all rights and permissions necessary for Sponsor’s use of the Entry; (vi) you have full right and authorization to submit the Entry and that no other person or entity has or shall have any right, title or interest in or to the Entry; and (vii) the Entry has not been used, or permitted to be used, for publically available commercial purposes (excluding blogs), including but not limited to advertisements; and (viii) you hereby hold the Sponsor harmless from and against any third party claim arising from any use of the Entry and waive any right to inspect or approve uses of the Entry or to be compensated for any such uses. All Entries become the exclusive property of Sponsor, and may not be acknowledged or returned. Proof of submission will not be deemed to be proof of receipt by Sponsor. You also agree that you will not use, or allow someone else to use, the Entry for publically available commercial purposes, including, but not limited to advertisements.
3. VOTING: The Voting Period will begin 1/30/13 at 12:00 AM EST and end 2/13/13 at 11:59 PM EST. Website visitors may vote once each day and will be encouraged to vote on the photo’s based equally on creativity, originality and sense of fun.
4. CONTEST PRIZES AND APPROXIMATE RETAIL VALUES ("ARV"):
One (1) Grand Prize Winner will receive
- a vacation prize package that includes a three (3) day/two (2) night stay in a B Enhanced Junior Suite at the b2 miami downtown hotel in Miami, Florida. Complimentary valet for three (3) days. Daily breakfast for two (2). Two (2) complimentary welcome cocktails or craft beers on tap. Grand Prize is not transferrable, redeemable for cash and must be redeemed between March 1, 2013 and December 20, 2013 or prize may be forfeited. Hotel accommodations are subject to availability, blackout dates may apply. All expenses and incidental travel costs not expressly stated in the package description above, including, but not limited to, airfare, ground transportation, bag check fees, meals, incidentals, passenger tariffs or duties, surcharges, personal charges at hotel, hotel taxes, car rental or other expenses are the responsibility solely of the Grand Prize winner. Unless child of winner, travel companion must be the age of majority where a resident or older as of the date of departure. Travel companion must execute liability/publicity releases prior to issuance of travel documents. Once a travel companion is selected, he/she may not be substituted, except in Sponsor's sole discretion. The Grand Prize winner may be required to provide a credit card to cover incidentals and related expenses at the time of hotel check-in. Failure to complete the trip prize does not relieve the Grand Prize winner of his or her tax obligations associated with winning the prize. No extensions will be permitted, and any unused travel or portion of the prize will be forfeited and no compensation awarded in lieu thereof. If the Grand Prize winner does not accept or use a portion of the prize, the unaccepted or unused portion of the Grand Prize will be forfeited and Sponsor will have no further obligations with respect to that portion of prize. Grand Prize cannot be used in conjunction with any other promotion or offer and may not be separated. Grand Prize may not be transferred or assigned except by Sponsor. Approximate Retail Value (“ARV”) of Grand Prize: $2,500.00) USD.
One (1) Runner Up Prize Winner will receive
- a cupcake decorating set prize package from Wilton, that includes (1) Two Toned Cupcake Kit, (1) Pastel Dots Clear Favor Box Kit, (1) Cupcake Book, (1) Scoop It Batter Spoons, (5) Color Cup packages, (1) Pink Wave Baking Cup, (1) Purple Double Ruffle, (1) Leopard Mini Baking Cup, (1) Zebra Blue Mini Baking Cup, 1 Peacock Baking Cup, (1) Blue Colorburst Batter Bits, (1) Square Cupcake Pan, (1) Square Baking Cups, (1) Cupcake Royal Icing Decoration, (1) Blue Sugar Gems, (1) Pink Sugar Gems, (1) Set Kraft Cupcake Boxes (ARV $130.00 USD);
One (1) Editor’s Pick Prize Winner will receive
- an ultimate baker’s prize pack from Wilton, that includes (1) Ultimate Cake Decorating Set, (1) Two Toned Cupcake Kit, (1) Cupcake Book, (1) Scoop It Batter Spoons, (5) Color Cup packages, (1) Yellow Wave Baking Cup, (1) Purple Double Ruffle, (1) Leopard Mini Baking Cup, (1) Zebra Blue Mini Baking Cup, (1) Peacock Baking Cup, (1) Blue Colorburst Batter Bits, (1) Square Cupcake Pan, (1) Square Baking Cups, (1) Blue Sugar Gems, (1) Pink Sugar Gems, (1) Set Kraft Cupcake Boxes, (1) Cupcake Royal Icing Decoration (ARV $307.00 USD);
Total ARV of all Contest prizes is $2,937 USD.
4. WINNER SELECTION: The Grand Prize and Runner up Prizes will be awarded to the two Entries with the most online votes at the end of the Voting Period. The Editors Pick will be awarded after judging is completed pursuant to section 4B. Limit one prize per Entry
4A. Online Voting to Determine Grand Prize and Runner Up Prize Winners: All photos will be posted at www.celebrations.com/cupcakecrown beginning approximately 12:00 AM EST on January 30th, 2013 and will be subject to voting by visitors to the Web Site until February 13, 2013 at 11:59 PM EST. Visitors to the site will be encouraged to vote on photo’s based equally on creativity, originality and sense of fun. All Prizes will be determined from among the eligible Entries according to the highest number of visitor votes received. In the event of a tie vote, Sponsor will make the final determination of the prize winner. All Prizes will be awarded and potential winners will be notified by email address provided upon entry. Prizes are nontransferable and no cash substitutions are allowed except by the Sponsor, who reserves the right to award prizes of equal or greater value if advertised prizes are unavailable.
4B. Editor’s Pick Judging
All eligible Entries will be judged upon the conclusion of the Entry Period by the editor of Celebrations to determine the winner of the Editors Pick Prize. The judging will be conducted on or about 1/30/13 through 2/13/2013. The Editors Pick will be determined on or about 2/14/2013 date from among all eligible Entries. Judging will be conducted by the Editor of Celebrations whose decision is final on all matters relating to the Contest, based on the criteria listed below. In the event of a tie, tied Entries will be re-judged based solely on originality to determine the Editors Pick Prize winner.
5. GENERAL RULES: Taxes, related to the prizes are the winners' sole responsibility, if applicable. Prize winners may be required to execute and return an affidavit of eligibility and liability/publicity release (where legal) within five (5) days of notification attempt or prize will be forfeited and an alternate winner selected. Return of any prize or prize notification as undeliverable may result in disqualification and alternate selection. Acceptance of prize constitutes permission to use winner’s name, likeness, image, photo, sobriquet and biographical information for promotional purposes without further compensation except where prohibited by law. By entering, entrant accepts and agrees to be bound by these OFFICIAL RULES and winners release Sponsor, and their subsidiaries, affiliates, directors, officers, employees, agents and all others associated with the development and execution of the Contest from any and all liability for damages, losses or injury resulting from participation in the Contest or acceptance or use of prize. Entries will be declared to be made by the authorized account. "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 or educational institution) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. Entries are subject to verification of eligibility and will be declared invalid if they are incomplete, falsified, altered or tampered with in any way. Sponsor reserves the right in its sole discretion to disqualify any individual that tampers or attempts to tamper with the entry process, the voting process or the operation of the Contest or website; violates the OFFICIAL RULES; or acts in an unsportsmanlike, obscene or disruptive manner, or with intent to annoy, abuse, threaten or harass any other Entrant or person. Entrants are expressly prohibited from offering incentives (money, cars, exotic vacations, Facebook credits, etc.) in exchange for votes. We hope you enjoy the Contest and encourage people to vote for your Entry, but compensating people for votes is prohibited and those Entries will be disqualified. Sponsor and its agencies are not responsible for lost, late, incomplete, misdirected or damaged Entries due to internet services providers service, weather, technical, hardware or software malfunctions, telephone failures of any kind, lost or unavailable network connections, or failed, incorrect, inaccurate, incomplete, garbled or delayed electronic communications, whether caused by the sender, by any of the equipment or programming associated with or utilized in this Contest which may limit the ability to participate, or by any human error which may occur in the processing of the Entries in this Contest. Sponsor reserves the right to cancel, terminate or modify the Contest if it is not capable of completion as planned, including for infection by computer virus, bugs, tampering, unauthorized intervention or technical failures or corruption of any sort, and award prizes from eligible Entries received prior to cancellation. Void where prohibited or restricted by law.
6. ELIGIBILITY: This Contest is open only to legal residents of the 50 United States, including the District of Columbia, who are 21 years of age or older as of date of entry. All federal, state, and local laws and regulations apply. Employees and families of Celebrations.com, LLC. (“Sponsor”) their subsidiaries, divisions, affiliates and related companies, advertising and promotion agencies, prize provider and their immediate families are ineligible. All federal, state, and local laws and regulations apply.
7. WINNERS LIST: For the names of the winners, visit www.celebrations.com/cupcakecrown from 2/20/13 through 3/31/2013.
8. SPONSOR & ADMINITRATOR: The Sponsor and Administrator of this Contest are Celebration.com, LLC., One Old Country Road, Suite 500, Carle Place, NY 11514.
9. LIMITATION OF LIABILITY: NEITHER CELEBRATIONS.COM, LLC., THEIR AGENTS, EMPLOYEES, PARENTS, SUBSIDIARIES, OR AFFILIATED COMPANIES, AS WELL AS, THEIR ADVERTISING AND PROMOTION AGENCIES SHALL HAVE ANY LIABILITY FOR ANY INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOSS OF OPPORTUNITY OR GOODWILL. IN ALL EVENTS, THE SOLE MAXIMUM LIABILITY OF SPONSOR AND ITS AFFILIATES SHALL BE LIMITED TO THE ARV OF THE PRIZES SET FORTH HEREIN.
10. GOVERNING LAW & VENUE: THE NEW YORK COURTS (STATE & FEDERAL) SHALL HAVE SOLE JURISDICTION OF ANY CONTROVERSIES REGARDING THE CONTEST AND THE LAWS OF THE STATE OF NEW YORK SHALL GOVERN THE SAME. EACH ENTRANT WAIVES ANY AND ALL OBJECTIONS TO JURISDICTION AND HEREBY IRREVOCABLY SUBMITS TO THE VENUE OF THOSE COURTS WITHIN THE COUNTIES OF NASSAU AND SUFFOLK COUNTY, NEW YORK.
© 2013 CELEBRATIONS.COM, LLC.