Official Rules
2009-10 MaxPreps High School Spirit Contest
NO PURCHASE NECESSARY TO ENTER OR WIN. CONTEST OPEN TO LEGAL RESIDENTS OF THE 50 UNITED STATES OR THE DISTRICT OF COLUMBIA AT LEAST AGE 13 YEARS OF AGE OR OLDER ON DATE OF ENTRY. VOID WHERE PROHIBITED BY LAW.
Administrator, Sponsor & Prize Provider: CBS Interactive Inc., 2200 W. Cypress Creek Road, Fort Lauderdale, FL 33309 and MaxPreps, a Division of CBS Interactive Inc.
Contest Entities: CBS Interactive Inc. and MaxPreps.
- Acceptance of Official Rules. By entering The 2009-10 MaxPreps High School Spirit (the "Contest") operated on the maxpreps.com Web site accessible at the domain "maxpreps.com" (the "MaxPreps Service"), you hereby accept and agree to these official rules (the "Official Rules") of this Contest, and the decisions of the Administrator in connection with this Contest, whose decisions are final.
- Eligibility. This Contest is offered and open to persons who are: (a) Registered Users (as defined below) of the MaxPreps Service; (b) legal residents of one (1) of the Fifty (50) United States or District of Columbia and (c) who are at least 13 years of age or older at the date of entry into this Contest. For purposes of these Official Rules, “Registered Users" means persons who have successfully completed the registration form and have obtained a User Identification ("ID") and associated password ("Password") on the MaxPreps Service. Employees, independent contractors and directors, and their immediate family members, of the Contest Entities and their parents, affiliated and subsidiary companies, advertising and promotion agencies and legal and financial advisors are not eligible to participate in this Contest. For purpose of the foregoing, "immediate family" mean parents, spouses, children, siblings or any members of the same households of such employees and directors. This Contest is void in Puerto Rico, all US territories and possessions, and where prohibited by law.
- Promotion/Entry/Voting Period. The Contest Entry Period begins on December 5, 2009 at 12:00:00 AM ET and ends at 11:59:59 AM ET on February 15, 2010. The Voting Period begins on February 16, 2009 at 12:00:00 AM ET and ends on April 15, 2010 at 11:59:59 PM ET. The Promotion Period starts December 5, 2009 and ends on April 15, 2010.
- Here's How It Works: Submit an original video (the "Promotion Video(s)"), of no more than 5 minutes in length, showing your High School Spirit. The Promotion Video must be in English and shall not have any, profanity, obscenities and must be an original creation of the participant. See Rule #3 for entry deadlines. Participants, by sending your Promotion Videos, you give the Contest Entities a perpetual, world wide, royalty free license to publish the Promotion Video on the MaxPreps Service with no compensation to you other than bragging rights and getting your Promotion Video publish on the MaxPreps Service. Promotion Videos submitted must be suitable for presentation in a public forum, in the sole determination of Contest Entities. Sponsor and Administrator reserve the right to reproduce the Promotion Videos in full or edit and enhance the Promotion Videos at their discretion. Sponsor and Administrator are authorized to use the Promotion Videos as they see fit, including usage in advertising. All Promotion Videos are perpetually and royalty free licensed to Sponsor and will not be returned to participants. Administrator will not be responsible for lost, stolen or misplaced entries.
- Judging: Registered Users of the MaxPreps Service will vote for their favorite Promotion Video during the Voting Period, and the Promotion Video that receives the most votes by the end of the Voting Period will be the winning Promotion Video. In the event an exact duplicate Promotion Video is submitted, only the first such Promotion Video received will be considered. The Promotion Videos will be published on the MaxPreps Service from the moment they are uploaded on the MaxPreps Service and until the end of the Promotion Period. Limit one vote per Registered User per day and if more than one vote per day is received, only the first vote will be eligible. The Athletic Department of the High School depicted on the Promotion Video will be the Grand Prize Winner (the "Potential Prize Winner").
- How to Enter: To enter this Contest, go to http://www.maxpreps.com/spiritchallenge and follow the instructions to complete the Contest entry form, including, without limitation, submitting your ID and Password, completing all information requested about you and the high school, uploading your Promotion Video about your school spirit, hitting the submit button and you will be entered into this Contest. If you are not a Registered User, you may become a MaxPreps Service Registered User and obtain an ID and Password by completing the MaxPreps Service registration form on http://www.maxpreps.com/utility/register.aspx. There is no fee or charge to become a Registered User. Limit one vote per Registered User per day.
- Prizes: Grand Prize (the "Grand Prize")
The Grand Prize consists of Five Thousand Dollars (US$5,000.00) for the Athletic Department of the High School depicted on the Promotion Video. Grand Prize to be awarded in the form of a check. Retail Value of Grand Prize is $5,000.
- Prize Restrictions: All other expenses relating to acceptance of the Grand Prize not explicitly stated herein, including but not limited to, taxes, are the responsibility of Grand Prize Winner. The Grand Prize is nontransferable. All income and other taxes are the sole responsibility of the Grand Prize Winner (as defined below). No assignment, transfer, or substitution of the Prize(s) is permitted, except that Sponsor reserves the right to substitute the Grand Prize with a prize of comparable or greater value. The Grand Prize is solely for the Grand Prize Winner's use. All other costs and expenses not specified herein, if any, are the sole responsibility of the Grand Prize Winner. All prize details are at the sole discretion of the Contest Entities.
- Prize Taxes. All federal, state, local and other tax liabilities arising from this Contest, including, without limitation, winning the Grand Prize, will be the sole responsibility of the Grand Prize Winner. Grand Prize Winner will be issued an IRS 1099 tax form for the actual value of the Grand Prize.
- Winner Notification: Grand Prize Winner will be notified at the end of the Promotion Period. In the event that there are, in the opinion of the Administrator, insufficient legitimate entries to post for users to vote on, Administrator reserves the right to select Grand Prize Winner from among all entries received. A potential Grand Prize Winner will be notified by email and/or by phone. If a potential Grand Prize Winner cannot be reached after a reasonable effort has been made during (5) business days from the first notification attempt, such person may be disqualified at the discretion of the Administrator, with an alternate Grand Prize Winner selected in accordance with these Official Rules.
- Affidavit of Eligibility/Liability Release and Publicity Release. In order to receive the Grand Prize, the potential Grand Prize Winner will be required to complete, execute and return an Affidavit of Eligibility/Liability Release, and where lawful, a Publicity Release (collectively, the "Release Forms") within five (5) days of notification of winning. Failure to properly execute and return Release Forms in a timely manner, or if a Prize notification or a Prize is returned as non-deliverable, or if a Prize Winner is found not to be eligible or not in compliance with these Official Rules, may result in disqualification with an alternate Prize Winner selected in accordance with these Official Rules.
- Publicity Release Terms. Except where prohibited by law, the Grand Prize Winner's acceptance of a Prize constitutes permission for the Contest Entities to use the Grand Prize Winner's name, video, photograph, likeness, statements, biographical information, voice, and address (city and state) worldwide and in all forms of media, in perpetuity, without further compensation solely in connection with the Contest and identifying a Grand Prize Winner.
- Improper Conduct. Administrator, in its sole discretion, may disqualify any entrant from participation in or use of any or all portions of this Contest, and refuse to award the Grand Prize, if entrant engages in any conduct Administrator deems to be improper, unfair or otherwise adverse to the operation of the Contest or detrimental to other entrants of the Contest. Such improper conduct includes, without limitation, falsifying personal information required during entrant registration or the Grand Prize claim, violating any term or condition stated herein, accumulating entries through methods such as automated computer scripts or any other programming techniques, allowing others to use entrant's personal information for the purpose of accumulating entries, or intentionally trying to defraud, reverse engineer, disassemble or otherwise tamper with the computer programs in connection with this Contest. Entrants agree that Administrator may void any part of a Prize that entrant may have won and/or require the return of any part of the Grand Prize that entrant may have won as a result of such improper conduct. Entrant further acknowledges that any forfeiture of the Grand Prize and/or return of the any part of a Prize shall in no way prevent Contest Entities from pursuing other avenues of recourse such as criminal or civil proceedings in connection with such conduct. WARNING: ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, EACH OF THE CONTEST ENTITIES RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR SUCH ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.
- Integrity of Contest. If, for any reason, the Contest is not capable of running as planned by reason of infection by computer virus, worms, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which Administrator, in its sole opinion, believes could corrupt or affect the administration, security, fairness, integrity or proper conduct of this Contest, Administrator reserves the right at its sole discretion to cancel, terminate, modify or suspend this Contest and select the Grand Prize Winner from entries received prior to the action taken or in such other manner as Administrator may deem fair and appropriate.
- Lost or Corrupted Entries. The Contest Entities, and their parents, affiliated and subsidiary companies and advertising, marketing and promotion agencies, assume no liability and are not responsible for, and you hereby forever waive any rights to any claim in connection with, lost, late, incomplete, corrupted, stolen, misdirected, illegible or postage due entries or mail, if applicable; or for any computer, telephone, cable, network, satellite, electronic or Internet hardware or software malfunctions, unauthorized human intervention, or the incorrect or inaccurate capture of entry or other information, or the failure to capture any such information. The Contest Entities, and their parents, affiliated and subsidiary companies, advertising, marketing and promotion agencies, are not responsible for any incorrect or inaccurate information, whether caused by registration information submitted by end users or tampering, hacking, or by any of the equipment or programming associated with or utilized in this Contest, and assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to the Contest.
- Damaged Property. Contest Entities, and their parents, affiliated and subsidiary companies and advertising, marketing and promotion agencies, assume no liability and are not responsible for, and you hereby forever waive any rights to any claim in connection with, injury or damage to any entrants or to any other person's computer or property related to or resulting from participating in this Contest or downloading materials from this Contest.
- Contest Errors. The Contest Entities, and their parents, affiliated and subsidiary companies and advertising, marketing and promotion agencies, assume no liability and are not responsible for, and you hereby forever waive any rights to any claim in connection with, errors and/or ambiguity: (a) in the Contest; (b) in any related advertising, marketing or promotions of this Contest; and/or (c) in these Official Rules. In the event of any ambiguity(s) or error(s) in these Official Rules, Administrator reserves the right to modify these Official Rules for clarification purposes or to correct any such ambiguity or error(s) without materially affecting the terms and conditions of the Contest.
- Grand Prize and Grand Prize Winner. The Contest Entities, and their parents, affiliated and subsidiary companies, dealers and advertising, marketing and promotion agencies, assume no liability and are not responsible for, and you/entrant hereby forever waive/s any rights to any claim in connection with, the selection and announcement of a Grand Prize Winner, the distribution of the Grand Prize, the acceptance/possession and/or use/misuse of any part of the Grand Prize and/or any injury or damage to any entrant's or third party's person (including death) or property related to or resulting from any part of the Grand Prize or any part of this Contest.
- Release and Indemnity. Each entrant in this Contest, including, without limitation, the Grand Prize Winner, hereby releases and agrees to hold harmless the Contest Entities and their parents, affiliates, subsidiaries, dealers, advertising, marketing and promotion agencies and their respective directors, officers, employees, representatives, agents and assigns from any and all liability for any injuries, loss or damage of any kind to person, including death, and property, arising in whole or in part, directly or indirectly, from acceptance, possession, use or misuse of a Grand Prize, participation in this Contest and participation in any activity related to this Contest.
- Limitation of Liability. IN NO EVENT WILL THE CONTEST ENTITIES, THEIR PARENTS, AFFILIATES, SUBSIDIARIES, DEALERS AND RELATED COMPANIES, THEIR ADVERTISING, MARKETING OR PROMOTION AGENCIES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS AND ASSIGNS, BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES ARISING OUT OF THE CONTEST, INCLUDING WITHOUT LIMITATION YOUR ACCESS TO AND USE OF THE CONTEST OR THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM THE CONTEST. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
- Disclaimer of Warranties. THE CONTEST & GRAND PRIZE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
- Identity Disputes. In the event of a dispute as to the identity of a winner based on an email address, the winning entry will be declared made by the Authorized Account Holder of the email address submitted at time of entry. For purposes of these Official Rules, "Authorized Account Holder" is defined as the natural person who is assigned to an email address by an Internet access provider, online service provider or other organization (e.g., business, educational, institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address.
- Binding Arbitration. The parties waive all rights to trial in any action or proceeding instituted in connection with these Official Rules and/or this Contest. Any controversy or claim arising out of or relating to these Official Rules and/or this Contest shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in the State of New York, in the City of New York, County of New York, and judgment on the arbitration award may be entered into any court having jurisdiction thereof.
- Governing Law and Jurisdiction. This promotion is governed by U.S. law and is subject to all applicable federal, state and local laws and regulations. Void where prohibited by law. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant and Administrator in connection with this Contest, shall be governed by, and construed in accordance with, the laws of the State of New York, U.S.A., without giving effect to the conflict of laws rules thereof, and any matters or proceedings which are not subject to arbitration as set forth in Section 23 of these Official Rules and/or for entering any judgment on an arbitration award, shall take place in the State of New York, in the City of New York, County of New York.
- Winner List/Official Rules: For the name of the Grand Prize Winner and High School send a self-addressed stamped envelope for receipt by April 30, 2010 to 2009-10 MaxPreps High School Spirit Contest c/o CBS Interactive Inc., 2200 W. Cypress Creek Rd., Fort Lauderdale, FL 33309. For Official Rules send a self-addressed stamped envelope to the above address marked "Official Rules: 2009-10 MaxPreps High School Spirit Contest Rules for receipt by March 23, 2010. Residents from VT may omit postage on the self-address envelope requesting a copy of the Official Rules. The name of the Grand Prize Winner and High School may, and Official Rules will, be posted on the MaxPreps Service.
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