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HERALD HOWL-OWEEN CONTEST OFFICIAL RULES
1.DESCRIPTION: The Herald Howl Contest (the "Contest") begins at 12:01 a.m. Eastern Time ("ET") on October 18, 2012, and ends at 11:59 p.m. ET October 30, 2012 (the "Contest Period"). By participating in the Contest, you unconditionally accept and agree to comply with and abide by these Official Rules, the Terms and Conditions of Use of the Websites, and the decisions of Sponsor, which shall be final and binding in all respects. To the extent the Terms and Conditions of Use of the Websites and of these Official Rules conflict, the terms and conditions of these Official Rules shall prevail.
2.ELIGIBILITY: The Contest is open to persons of all ages as of the start date of the Contest who are legal United States residents of Miami-Dade, Broward, Monroe or Palm Beach, Florida counties who have internet access (“Contestants”). This Contest is sponsored by Miami Herald Media Company, One Herald Plaza, Miami, Florida 33132 (“Sponsor”). Employees, shareholders, officers, directors, agents, representatives of Sponsor, The McClatchy Company, or the promotion and advertising agencies of any aforementioned entity, and their immediate family members and those living in their household, and each person or entity connected with the production, administration or judging of the Contest (“Promotion Parties”), and each parent company, affiliate, subsidiary, agent and representative of any aforementioned entity are not eligible.
3.HOW TO ENTER: Only one (1) Submission per natural person. Here is how to enter: Simply upload a video of yourself screaming to MiamiHerald.com or visit The Miami Herald studio at 1 Herald Plaza on Thursday Oct. 18, 2012 from 3 p.m. to 6 p.m. or Thursday, Oct. 25 from 3 to 6 p.m. to record the spookiest scream. You may wear Halloween costume or make-up, but it's not required. Your entry form must be completed in its entirety and you must indicate if you plan to come to the Herald to record your entry. Deadline for uploading entries is Oct. 30, 2012 at 11:59PM. All entries become the property of the Miami Herald Media Company.
All information provided, including contact information, must be truthful, current and valid. Incomplete Submissions, including but not limited to those Submissions that do not meet the requirements specified in these Official Rules, will not be eligible for the next round. Submissions will be deemed to have been submitted by the Authorized Account Holder of the e-mail address submitted at time of Submission (each, a "Contestant"). "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 (such as a business or educational institution) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. In the event of a dispute over the ownership of an e-mail address, prize will be awarded to the Authorized Account Holder of the designated e-mail address. You agree that once you submit your Submission, it becomes the property of Sponsor. Proof of submitting any Submission is not considered proof of delivery to or receipt of such Submission. Furthermore, Sponsor shall have no liability for any Submission that is lost, intercepted or not received by the Sponsor.
All Submissions must be received by the Contest end date and time according to the computer time on Sponsor’s server. No hand or mail-in deliveries will be accepted. None of the Promotion Parties are responsible for late, incomplete, void, corrupted, garbled, misdirected, or otherwise unintelligible Submissions and for any problems, bugs or malfunctions Contestants may encounter when submitting their Submissions. Incomplete, garbled, corrupted or otherwise illegible Submissions are void and will not be accepted. Sponsor reserves the right to disqualify any Contestant it finds to be tampering with the entry process or the operation of the Contest or violating these Official Rules. Entries generated by a script, bot, macro or other automated means will be disqualified.
4.SUBMISSIONS GUIDELINES: Submissions must be entirely your own work. Submission must be an original work of authorship created by the person who makes the submission. Contestants may not copy or otherwise plagiarize the Submission from any source. Submission may not have been previously published, may not have won previous awards, and must not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity. If the Submission contains any material or elements that are not owned by the Contestant and/or which are subject to the rights of third parties, the Contestant is responsible for obtaining, prior to submitting the Submission, any and all releases and consents necessary to permit the use and exhibition of the Submission in the manner set forth in these Official Rules and the Terms and Conditions of Use of the Website. Sponsor reserves the right to request proof of any permissions or licenses you may have received, in a form acceptable to Sponsor from any Contestant at any time. By submitting a Submission, Contestant warrants and represents that he/she consents to the submission and use and exhibition of the Submission in the manner set forth in these Official Rules and the Terms and Conditions of Use of the Website. Sponsor reserves the right to disqualify any Submission for any reason, in its sole and absolute discretion. If, in the sole discretion of Sponsor, your Submission constitutes copyright infringement, the Submission will be disqualified. Contestants agree to indemnify Sponsor, Sponsor and its officers, directors, employees and agents against any and all claims from any third party for any use of Submission by Sponsor.
Submissions must be appropriate for a broad audience of potential readers since the winning Submission may be posted on the web. Any Submission that is considered by Sponsor in its sole discretion to be obscene, libelous, inapposite to the reputation of Sponsor, or otherwise objectionable or inappropriate, or which otherwise does not comply with these Official Rules will be disqualified. We reserve the right to exclude any Submission that we believe doesn't meet the above criteria, at our sole discretion.
PICKING A WINNER: All contestants' video entries will be viewable at MiamiHerald.com. Voting by the public will take place from October, 30, 2012 12:00 AM – October 30, 2012 11:59 PM, dates subject to change (the “Voting Period”). You must register on the site to be able to submit a vote. Only one vote per natural person. Use of bots, devices and other programs to increase views or votes is prohibited. The public will be allowed to cast 1 vote for what they consider the Best Howl. Whomever gets the most votes, wins the Grand Prize; the next two highest vote-getters win second and third place, respectively. The winners will be announced on Halloween Day and will be posted on our home page. Sponsor reserves the right to distribute or display the Finalists’ Submissions in any media and on any website, including on its website and social media pages. Contestants understand that users of these sites may share, comment on (including negatively) and re-post links to their Submissions during and after the Voting Period.
Selected Contestant will be notified by phone or email at the sole discretion of Sponsor or Sponsor’s representative. Selected Contestant will be required to respond (as directed) to a phone and/or e-mail notification within 72 hours of attempted notification. The failure to respond timely to the notification may result in forfeiture of the prize; and, in such case, Sponsor may choose the next highest scoring Submission from among the remaining eligible submissions. Selected Contestant may be required to sign and return an Affidavit of Eligibility and Liability/Publicity Release ("Affidavit") and any other documents Sponsor may require within 72 hours of receipt of the Affidavit. Failure to timely return a signed Affidavit or other required documents or the return of any prize notification as undeliverable will result in Prize forfeiture. An alternate Selected Contestant may be selected from the next highest scoring Submissions (up to 3 times), if a Selected Contestant: (i) cannot be reached; (ii) fails to obtain all signatures on the Release and to return the documents in a timely manner as required pursuant to these Official Rules; or (iii) cannot accept or receive the prize for any reason. Assumed notification by caller ID and any subsequent returned calls do not constitute a winner.
Winner may be announced on Sponsor’s website, affiliated web pages and/or publications (date subject to change).
5.PRIZE: If eligible under these Rules, Selected Contestant will receive one $100 Visa gift card. Second place contestant will receive two tickets to local events. Subject to card issuer’s terms and conditions. Selected Contestant is not entitled to any surplus between actual retail value of prize and stated ARV and any difference between stated ARV and actual value of the prize will not be awarded. Federal and state income taxes may apply and are the sole responsibility of the winner. Contestant may be issued an IRS Form 1099 for the ARV of any awarded prize. Prize must be redeemed in its entirety and may not be redeemed in portion(s). If a Selected Contestant is unable to participate in or accept the prize or any portion of the prize for any reason, Prize shall be forfeited and Sponsor shall have no further obligation to the Selected Contestant. No assignment, transfer, cash redemption or substitution of Prize is permitted, but Sponsor reserves the right to substitute a prize for one of comparable or greater value should Prize become impracticable to award or unavailable for any reason. In the event of noncompliance with the foregoing requirements or if prize notification is returned as undeliverable, prize will be forfeited and, at Sponsor’s discretion, an alternate Selected Contestant will be chosen. Prize will be delivered by first class mail or overnight carrier (such as Fed-Ex or UPS), in Sponsor’s sole discretion. Sponsor is not responsible for lost, misdirected, stolen or undelivered Prizes. Prize will only be mailed to addresses in Miami-Dade, Broward, Monroe or Palm Beach, Florida counties.
6.LICENSE: By entering the Contest, Contestants hereby grant Sponsor, its assigns and successors a worldwide, non-exclusive, irrevocable, royalty-free, sublicenseable (through multiple tiers) and transferable license (with a right to create derivative works) to use, copy, distribute, perform, publicly perform and display their Submission, in any and all media, in whatever form, for any legal purposes whatsoever now known or hereinafter becomes known, without any additional compensation, the term of which shall be the entire life of the copyright. Should any Contestant be unwilling or otherwise unable to enter into license, or provide permissions and or releases or otherwise cannot accept or receive the prize for any reason, a Contestant with the next highest score will be chosen from the remaining Qualified Submissions until one who is able to meet all requirements can be selected. Each Contestant irrevocably waives any and all so-called moral rights they may have in the Submission(s) submitted by him or her. Promotion Entities is under no obligation to use, print or post the Submissions. Sponsor reserves the right to edit, shorten, alter or modify the Submission in its sole discretion. Sponsor shall have no liability as to posting of the Submissions.
7.PUBLICITY RELEASE: By participating in the Contest, in addition to any other grants which may be granted in any other agreement entered into between or among Sponsor and any Contestant in or Selected Contestant of the Contest, each Contestant irrevocably grants the Sponsor and their respective successors, assigns and licensees, the right to use such Contestant's Submission, name, photograph, likeness, biographical information, and any individual(s) participating in the Submission, in any and all media for any purpose, including without limitation, commercial, advertising and promotional purposes as well as in, on or in connection with the Website or the Contest or other promotions, and hereby release the Sponsor from any liability with respect thereto, unless prohibited by law.
8.NATURE OF RELATIONSHIP / WAIVER OF EQUITABLE RELIEF: Each Contestant hereby acknowledges and agrees that the relationship between the Contestant and the Sponsor is not a confidential, fiduciary, or other special relationship, and that the Contestant’s decision to provide the Contestant’s Submission to Sponsor for purposes of the Contest does not place the Sponsor in a position that is any different from the position held by members of the general public with regard to elements of the Contestant’s Submission. Each Contestant acknowledges and agrees that the Sponsor does not now and shall not have in the future any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of the Contestant’s copyright in and to the Submission. Finally, each Contestant acknowledges that, with respect to any claim by Contestant relating to or arising out of any Sponsor actual or alleged exploitation or use of any Submission or other material submitted in connection with the Contest, the damage, if any, thereby caused to the applicable Contestant will not be irreparable or otherwise sufficient to entitle such Contestant to seek injunctive or other equitable relief in any way.
9.PRIVACY POLICY: By entering this Contest, each Contestant acknowledges that his or her first name, last initial and hometown may be announced online. Contestant further hereby acknowledges and agrees that: (i) the Contestant has opted-in to Miami Herald Media Company’s privacy policy located at www.miami.com/privacy-policy and (ii) by opting-in, the Contestant has read and consents to Miami Herald Media Company’s privacy policy. Each Contestant further acknowledges that if s/he is chosen as an actual prize recipient, certain of his/her identifying information may be disclosed to third parties (at least as required by law), including, without limitation, on an online page listing prize recipient(s). Any communication or information transmitted to Sponsor and/or the Website by electronic mail or otherwise is and will be treated as non-confidential and nonproprietary.
10.GENERAL CONDITIONS: Contest is subject to these Official Rules. By participating, Contestants agree: (i) to be bound by these complete Official Rules and the decisions of Sponsor which shall be final and binding; and (ii) to waive any right to claim ambiguity in the Contest or these Official Rules, except where prohibited by law. By accepting a prize, Selected Contestants agree to release Promotion Parties, including their parent, subsidiary and affiliated entities together with the respective directors, employees, officers, licensees, licensors and agents, and respective advertising and promotion entities and any person or entity associated with the production, judging, or administration of the Contest (collectively, the “Releasees”) from any and all liability, loss or damage arising from or in connection with awarding, receipt and/or use or misuse of prize or participation in any prize-related activities. Releases shall not be liable for: (i) telephone system, telephone or computer hardware, software or other technical or computer malfunctions, lost connections, disconnections, delays or transmission errors; (ii) data corruption, theft, destruction, unauthorized access to or alteration of entry or other materials; (iii) any injuries, losses or damages of any kind, including death caused by the prize or resulting from acceptance, possession or use of a prize, or from participation in the Contest; or (iv) any printing, typographical, administrative or technological errors in any materials associated with the Contest. Sponsor disclaims any liability for damage to any computer system resulting from participating in, or accessing or downloading information in connection with this Contest. Sponsor reserves the right to cancel or suspend the Contest, in its sole discretion, should it receive fewer than 20 entries, or receive no entries that have a judged score above 60 points, or due to circumstances beyond its control, including natural disasters. Submissions will not be returned and may be destroyed. Sponsor may prohibit a contestant from participating in the Contest or winning a prize if, in its sole discretion, it determines such entrant is attempting to undermine the legitimate operation of the Contest by cheating, deception, or any other unfair playing practices of intending to annoy, abuse, threaten, undermine or harass any other players or Sponsor representatives.
Sponsor reserves the right, in its sole discretion, to cancel, modify or suspend the Contest should a virus, bug, computer problem, unauthorized intervention or other causes beyond Sponsor’s control, corrupt the administration, security or proper play of the Contest. Sponsor reserves the right, in addition to those other rights reserved herein, to modify any date(s) or deadline(s) set forth in these Official Rules or otherwise governing the Contest. Sponsor may prohibit an entrant from participating in the Contest or winning prize if, in its sole discretion, it determines such contestant is attempting to undermine the legitimate operation of the Contest in any way by cheating, hacking, deception, or any other unfair playing practices of intending to annoy, abuse, threaten or harass any other contestants or Sponsor representatives. Use of automated entry devices or programs is prohibited. Any attempts to access the site, enter the Contest or increase votes or views via a bot script, device or brute-force attack will result in disqualification, including that IP address becoming ineligible for the entire Contest. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND WILL RESULT IN DISQUALIFICATION FROM PARTICIPATION IN THE CONTEST. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
The invalidity or unenforceability of any provision of these rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. This Contest shall be governed by Florida state law. By participating in this Contest, Contestants agree that Florida courts shall have jurisdiction over any dispute or litigation arising from or relating to this Contest.
11.WINNERS LIST/OFFICIAL RULES: To obtain a copy of a winners list or these official rules, send a self-addressed, stamped envelope to Miami Herald Media Company, The Herald Howl Contest Winner's List, One Herald Plaza, Miami, Florida 33132. All such requests must be received no later than 90 days from the end of the Contest Period.
© 2012 The McClatchy Company. All rights reserved.
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