Shutterfly Photocard Holiday Giveaway
NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
1. Eligibility: Shutterfly Photocard Holiday Giveaway (the “Sweepstakes”) is open only to legal residents of the fifty (50) United States and the District of Columbia who are at least eighteen (18) years old at the time of entry and who did not purchase any equipment for the purposes of entering this Sweepstakes. Employees of Federated Media Publishing, Inc., Shutterfly, Inc., www.Bakerella.com, ePrize, LLC, and their parent and affiliate companies as well as the immediate family (spouse, parents, siblings and children) and household members of each such employee are not eligible. Subject to all applicable federal, state, and local laws and regulations. Void where prohibited. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor’s and Administrator’s decisions, which are final and binding in all matters related to the Sweepstakes. Winning a prize is contingent upon fulfilling all requirements set forth herein.
2. Sponsor: Federated Media Publishing, Inc., 2 Harrison Street, 7th Floor, San Francisco, CA 94105. Administrator: ePrize, LLC, One ePrize Drive, Pleasant Ridge, MI 48069.
3. Timing: The Sweepstakes begins on November 9, 2010 at 12:00 a.m. Eastern Time (“ET”) and ends on November 17, 2010 at 11:59 p.m. ET (the “Promotion Period”). Sponsor’s computer is the official time-keeping device for the Sweepstakes.
4. How to Enter: During the Promotion Period, visit www.Bakerella.com and follow the links and instructions to upload one (1) photo that you have taken (hereinafter your “Entry”) that displays your family, the holidays, or a favorite holiday baking experience to the designated shared site on www.Shutterfly.com. To do so, you will be required to sign in to your Shutterfly account. If you do not have an account, you may create one. Accounts are free, but are subject to the Shutterfly terms and conditions. Your Entry must conform to Shutterfly’s photo guidelines. Photos may not be indecent, obscene, hateful, tortious, defamatory, contain material that violates or infringes another’s rights, or disparage Sponsor, Administrator or any other person or party affiliated with the Sweepstakes, or contain material that is unlawful in any way. Sponsor reserves the right to remove any photos that it finds unlawful, or in violation of these Official Rules, all in its sole discretion. Entrant must have permission from all individuals that appear in the Entry (if any) to use their likeness. If requested, entrant must be able to provide such permissions in a form acceptable to Sponsor. Once you upload your photo you will automatically receive one (1) entry into the Sweepstakes. Limit: Each entrant may enter one (1) time during the Promotion Period.
Multiple entrants are not permitted to share the same email address or Shutterfly account. Any attempt by any entrant to obtain more than one (1) entry by using multiple/different email addresses, Shutterfly accounts, identities, registrations and logins, or any other methods will void that entrant’s entries and that entrant may be disqualified. Use of any automated system to participate is prohibited and will result in disqualification. In the event of a dispute as to any entry, the authorized account holder of the Shutterfly account and/or the email address used will be deemed to be the entrant. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Each potential winner may be required to show proof of being the authorized account holder.
5. Drawings: The designated overseer of the Bakerella.com website, determined by Sponsor in its sole discretion, is an independent entity whose decisions as to the administration and operation of the Sweepstakes and the choosing of the potential winners are final and binding in all matters related to the Sweepstakes. The designated overseer will randomly choose the potential Sweepstakes winners from all eligible entries received during the Promotion Period, on or around November 29, 2010 and contact them by email. Each potential winner will be required to respond as instructed with his/her contact information within the specified time period. Sponsor, in its sole discretion, may create and display some or all of the winners’ photos as Shutterfly photocards on the Bakerella website. Potential First Prize winners may be contacted by Administrator with additional prize redemption instructions. The potential Grand Prize winner (parent/legal guardian if winner is a minor in his/her state of residence) will be required to complete, electronically sign, and submit a Declaration of Compliance, (“Declaration”), which must be received by Administrator within seven (7) days of the date notice or attempted notice is sent, in order to claim the prize. If a potential winner cannot be contacted, fails to timely respond to the designated overseer with the required information, fails to sign and return the Declaration (if applicable) within the required time period, potential winner forfeits the prize. Potential winner must continue to comply with all terms and conditions of these Official Rules, and winning is contingent upon fulfilling all requirements. In the event that a potential winner is disqualified for any reason, Sponsor will award the applicable prize to an alternate winner by random drawing from among all remaining eligible entries. Only three (3) alternate drawings will be held, after which the prize will remain un-awarded. Prizes will be fulfilled approximately 8-10 weeks after the conclusion of the Sweepstakes.
6. Prizes: ONE (1) GRAND PRIZE: Canon EOS 7D Digital SLR Camera and Canon EF 28-135mm IS lens and a $30 Shutterfly gift card, fulfilled as a digital code redeemable on the Shutterfly website. Approximate Retail Value (“ARV”): $1,715. The ARV of electronic prizes is subject to price fluctuations in the consumer marketplace based on, among other things, any gap in time between the date the ARV is estimated for purposes of these Official Rules and the date the prize is awarded or redeemed. TWENTY-FOUR (24) FIRST PRIZES: $30 Shutterfly gift card fulfilled as a digital code redeemable at the Shutterfly website, sent via email to winners.
Sponsor and Administrator are not responsible for complaints or issues regarding digital codes (claims that code is invalid, insufficient, etc.) and winner should address any such issues with the issuer of the code. Prizes are non-transferable and no substitution will be made except as provided herein at the Sponsor’s sole discretion. Sponsor reserves the right to substitute a prize for one of equal or greater value if the designated prize should become unavailable for any reason. Winner is responsible for all taxes and fees associated with prize receipt and/or use. Odds of winning a prize depend on the number of eligible entries received during the Promotion Period.
7. Release: By receipt of any prize, winner agrees to release and hold harmless Sponsor, Shutterfly, Inc., employees of www.Bakerella.com, Administrator, and their respective subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and prize suppliers, and each of their respective parent companies and each such company’s officers, directors, employees and agents (collectively, the “Released Parties”) from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Sweepstakes or receipt or use or misuse of any prize.
8. Publicity: Except where prohibited, participation in the Sweepstakes constitutes winner’s consent to Sponsor’s and its agents’ use of winner’s name, likeness, photograph, voice, opinions and/or hometown and state for promotional purposes in any media, worldwide, without further payment or consideration.
9. General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Sweepstakes, or any part of it, if any fraud, technical failures or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Sweepstakes, as determined by Sponsor in its sole discretion. 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 Sweepstakes or to be acting in violation of these Official Rules or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages 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.
10. Limitations of Liability: The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Sweepstakes; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Sweepstakes; (4) technical or human error which may occur in the administration of the Sweepstakes or the processing of entries; (5) late, lost, undeliverable, damaged or stolen mail; or (6) any 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 Sweepstakes or receipt or use or misuse of any prize. If for any reason an entrant’s entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another entry in the Sweepstakes, provided that, if it is not possible to award another entry due to discontinuance of the Sweepstakes, or any part of it, for any reason, Sponsor, in its sole discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any or all of the prizes offered herein. No more than the stated number of prizes will be awarded. In the event that production, technical, seeding, programming or any other reasons cause more than the stated number of prizes as set forth in these Official Rules to be available and/or claimed, Sponsor reserves the right to award only the stated number of prizes by a random drawing among all legitimate, un-awarded, eligible prize claims.
11. Disputes: Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the Eastern District of Michigan (Southern Division) or the appropriate Michigan State Court located in Oakland County, Michigan; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes, but in no event attorneys’ fees; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, 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. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Michigan without giving effect to any choice of law or conflict of law rules (whether of the State of Michigan or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Michigan.
13. Winner List: For a winner list, visit http://bit.ly/956LYa. The winner list will be posted after winners are confirmed.
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