OFFICIAL RULES
HERO NEXT DOOR CONTEST (11-2009)
NO PURCHASE, DONATION OR FEE NECESSARY TO PARTICIPATE. A PURCHASE, DONATION OR PAYMENT OF ANY KIND WILL NOT INCREASE ANY CHANCE OF WINNING.
OFFICIAL RULESThe following terms and conditions ("Terms") apply to the Hero Next Door Contest (11-2009) (the "Contest") sponsored by Care2.com, Inc ("Care2" or "Sponsor") and Tom's of Maine, Inc ("Co-Sponsor") via http://www.care2.com/hero-next-door (the "Care2 Website").
INDIVIDUAL PARTICIPANTS: The Contest is open only to legal residents of the 50 United States, the District of Columbia and Canada (excluding the province of Quebec) who are 18 years of age or older as of the date of registration for participation in the Contest ("Participants"). The Contest is not offered and is void in the province of Quebec, Canada.
EMPLOYEES AND AGENTS OF THE SPONSOR, CO-SPONSOR, AND PRIZE SUPPLIERS, AND THEIR IMMEDIATE FAMILIES ARE INELIGIBLE TO PARTICIPATE IN THE CONTEST.
By participating in the Contest, all Participants agree to be bound by these Terms, the Terms of Website Use and Privacy Policy posted at www.Care2.com, and any other rules specified for the Contest on the Care2 Website. All interpretations and decisions arising from or related to these Terms or the Contest shall be made by Care2 in its sole and absolute discretion. All decisions of Care2 are final and binding. The Contest is subject to all applicable U.S. and Canadian federal, state/provincial and local laws and regulations and. Void where prohibited or restricted.
The Contest begins at 12:00 AM (Pacific U.S. Time Zone) on December 1st, 2009, and ends 11:59 PM (Pacific U.S. Time Zone) on February 26, 2010 (the "Contest Period").
The Contest begins with a nomination phase, which runs December 1st through December 31st, 2009. Finalist selection will occur January 1st through 14th, 2010. The voting period will run January 15th through February 26th, 2010.
In order to nominate your hero and a qualified charity* in the Contest, you must first register during the Contest Period as a Participant through the Care2 Website utilizing the technology and online tools available from Care2. To submit a nomination you must follow the online instructions and submit all required information completely and accurately. Participants must have a valid personal email address to submit a nomination. Important: Before submitting a nomination, each Participant must have or obtain the right and permission to post the nominee's name, photo and story in connection with the Contest. By submitting a nomination, you represent and warrant that you have the right and/or all necessary permissions and consents to submit and publicly post the nominee's name, photo and story in connection with this Contest. Sponsor reserves the right to seek all confirmations and verifications of rights, permission and consents deemed necessary by it to qualify a nominee and/or post the nomination.
A hero nominee must be a person who is 18 years of older as of December 1st, 2009 and who is a legal resident of one of the 50 United States, the District of Columbia or Canada (excluding the province of Quebec). *A charity nominee must be a tax-exempt organization under applicable U.S. or Canada law to receive payment, and in the event the designated charity should lose its tax-exempt status or cease to exist, any unpaid amounts shall be deemed forfeited.
Nominations may only be submitted in the name of a single person. Group nominations are not acceptable. Multiple unique nominations (i.e., nominations for different persons or charities) per participant are allowed. Submitting a nomination for the same person or charity multiple times is prohibited. No software-generated, robotic, programmed, script, macro or other automated online or text message entries are permitted and are void.
The Sponsor and Co-Sponsor will review all nominations and select ten (10) finalist hero nominees amongst all valid and timely received submissions to include in the public voting phase. The following selection criteria will be used to determine finalists:
- The positive impact the nominated person has had or is having on others in his or her community
- The quality of the Participant's submission - i.e., style, interest, grammar, good photo (composition, contrast, clarity)
- The authenticity and credibility of the nominee (must be a real person doing real things)
If a nominee hero is chosen as a finalist, the Participant who submitted the nomination will be contacted via email. The Participant must respond within 24 hours and follow the instructions to provide additional information, including contact information for the nominee or the nomination will be disqualified and another finalist will be chosen. Nominees (hero and charity) will be contacted to provide additional information, including verification of facts, eligibility and written consent to participate in this Contest in accordance with these Official Rules. Care2 reserves the right to require additional information from nominees and finalists in order to qualify and complete their nomination.
If more than one submission is received for a particular hero nominee, Care2 at its sole discretion will consider the submission that best meets the finalist selection criteria.
Care2 reserves the right to edit the nomination as it sees fit for use in publication and promotion.
In order to participate as a voter in the Contest, you must first register during the Contest Period as a Participant through the Care2 Website utilizing the technology and online tools available from Care2. To vote for a hero, Participants must follow the online instructions to select a hero and submit all required information completely and accurately. Participants must have a valid personal email address to participate and may only register once. Only one vote per Participant. Only votes made online by eligible Participants during the Contest Period will be counted. No group registration, group votes or mail-in votes are permitted and are void. No software-generated, robotic, programmed, script, macro or other automated online or text message entries are permitted and are void.
There is one award category totaling $5,000 in value:
One (1) "Grand Award": $2,500 cash will be awarded to the finalist nominee who receives the most eligible votes from Participants during the Contest Period (the Contest "Hero"); and a matching $2,500 will be awarded to the qualified charity listed in nominating submission.
In the event of a tie for the Award, the Award winner shall be decided by a tie breaker, as follows: the winner shall be the hero whose last vote was first received by Care2.
Chances of Winning An Award:
The chance of an eligible hero receiving the Grand Award depends on the number of eligible votes cast for the hero during the respective Awards periods.
The Grand Prize award winners (Hero and qualified charity) will be notified by email (or other contact information provided) and announced on the Care2 Website within 30 days after the end of the Contest or as soon thereafter as commercially practical. As a courtesy, the Participant who nominated the winner will also be notified.
Upon request of Care2, the hero and charity identified to win its respective portion of the Grand Award must sign and promptly return to Care2 (within seven (7) calendar days of receipt of Care2's request) an affidavit of eligibility, release of liability and promotional release to claim and receive the applicable Award. Participation in the Contest constitutes agreement to sign and provide such an affidavit.
Participants agree to the public use of their name, address, photograph, videograph, likeness and other provided biographical information by Care2 and its affiliates for legal compliance and marketing and promotional activities related to the Contest during and after the Contest Period, including without limitation, posting a Participant's name on "leader boards," Participant lists, Award winners lists, Contest marketing and advertising materials (which may incorporate Care2's or other affiliated parties' names, brands, products and services) and on banners, message boards, forums, blogs and online social community network profiles and groups on the Care2 Website ("Sponsor Materials"), without notice and without compensation, royalty, accounting, liability or obligation of any kind to any Participant. Except as required by law, nothing herein shall require or obligate Sponsor to use or disclose any entrant's name, address, photograph, videograph, likeness, etc., for any reason.
All information and materials submitted to Care2 by Participants in connection with this Contest through registration or otherwise will be considered a Contest "Posting" or "Postings" and shall be the sole property of Care2 and not returned. All contents of Postings, with the exception of any incorporated Contest Materials, must be completely original to the Participant and must not have been taken or composed in whole or in part from any other source, including, without limitation, all graphical, video and musical elements, imagery and artwork appearing in the Postings, and must be free and clear of any liens or claims with respect to the use of the Postings, and that such use will not give rise to any claims or infringement, invasion of privacy or publicity, or claims for any payment whatsoever including, but not limited to, claims for re-use fees or residuals.
Care2 (and any and all of its subsidiaries and affiliates) shall have the right, but not the obligation, to use any Postings submitted pursuant to these Terms on the Care2 Website (or affiliated websites website pages) and in or on any other printed or electronic periodical, magazine, programming channel, broadcast or other public display and performance, at any time in the future, without notice and without compensation, royalty, accounting, liability or obligation of any kind to any Participant.
All Participants agree that any and all Postings made in the course of their participation in the Contest shall be in compliance with these Terms and not contain, include or involve any unlawful activity, violation of third party rights of any kind or any of the following: animal abuse, obscenity; crude, vulgar or offensive pictures, depictions, images, language and/or symbols; commercial advertising (other than Sponsor Materials); trade libel; personally identifiable information of any third party, including but not limited to license plates, phone numbers, personal addresses (physical or email or otherwise);illegal drug or alcohol use or abuse; derogatory characterizations of any ethnic, racial, sexual or religious groups, humiliation of other people (publicly or otherwise), or any assault or threatening of others; violation of anyone's right of privacy, including any statements that may be true but of private facts; violation of anyone's rights of publicity or personality; trespass or the violation of other people's rights or property; illegal (e.g., discriminatory, harassing) or inappropriate activity, behavior or conduct (e.g., inflicting emotional distress); defamatory, libelous, threatening or other material that advocates against any individual or group including products/services promoting discriminatory behavior (e.g., racial, religious, gender, nationality, sexual orientation); or any other content, display, materials and/or images that is or could be considered inappropriate, unsuitable or offensive, as determined by Care2, in its sole discretion.
BY ENTERING THIS CONTEST, YOU AGREE TO RELEASE AND HOLD HARMLESS SPONSOR, CO-SPONSOR, ITS AFFILIATES, PRIZE SUPPLIERS, RETAILERS AND ADVERTISING AND PROMOTIONS AGENCIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, AGENTS, SUCCESSORS AND ASSIGNS (COLLECTIVELY, THE "RELEASED PARTIES") FROM ANY AND ALL CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION, CONSEQUENTIAL, PUNITIVE, INCIDENTAL, SPECIAL OR INCREASED DAMAGES AND THOSE RELATED TO PERSONAL INJURY, DEATH OR DAMAGE TO PROPERTY), LOSSES, COSTS AND EXPENSES, OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING FROM OR RELATED TO THIS CONTEST, INCLUDING BUT LIMITED TO THE ENTRY AND PARTICIPATION IN THE CONTEST, THE ACCEPTANCE AND/OR USE (OR MISUSE) OF ANY PRIZE, OR ANY DELAY, INTERRUPTION, EARLY TERMINATION OR FORFEITURE, IN WHOLE OR IN PART, OF ANY PRIZE, EVEN IF SPONSOR OR ITS AFFILIATES AND REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH CONSEQUENCES, LIABILITY, LOSSES, DAMAGES, COSTS AND EXPENSES.
WITHOUT LIMITING THE FOREGOING, PARTICIPANT'S FURTHER AGREE THAT RELEASED PARTIES SHALL NOT BE LIABLE FOR ANY DAMAGES, LOSSES, COSTS OR EXPENSES, OF ANY KIND, ARISING FROM OR RELATED TO ACTS OF GOD, ACTS OF GOVERNMENT, ACTS OF TERROR, ACTS OF WAR, CIVIL UNREST, LABOR SHORTAGES AND/OR STRIKES, EVEN IF SPONSOR OR ANY OF THE OTHER PARTIES WERE AWARE OF THE POSSIBILITY OF ANY SUCH EVENTS OCCURRING.
Except as expressly stated herein, the Released Parties make no representations or warranties of any kind and expressly disclaim any implied representations and warranties, including, but not limited to, warranties of title, merchantability or fitness for a particular purpose or use or noninfringement or affiliation or sponsorship of any hero. Sponsor does not authorize anyone to make any representation or warranty of any kind on Sponsor's behalf and you may not rely on any third party statement of warranty as a representation or warranty by Sponsor.
BY ENTERING THIS CONTEST, PARTICIPANT'S AGREE TO INDEMNIFY AND HOLD HARMLESS THE RELEASED PARTIES AND THEIR SUCCESSORS AND ASSIGNS FROM AND AGAINST ANY AND ALL DAMAGES AND EXPENSES OF ANY KIND (INCLUDING ATTORNEYS' FEES, COSTS AND LITIGATION EXPENSES) ARISING FROM OR RELATED TO ANY CAUSE OR ACTION RELATED TO THIS CONTEST, INCLUDING WITHOUT RESTRICTION THE AWARD, ACCEPTANCE AND USE OR MISUSE OF ANY PRIZE, AND/OR THE REPRODUCTION, USE, PUBLICATION, DISPLAY, DISTRIBUTION OR OTHER COMMERCIAL OR NON-COMMERCIAL USE OF THE CONTENT (IN WHOLE OR IN PART) OF ANY POSTING (OR ANY PORTION THEREOF) SUBMITTED BY PARTICIPANTS TO SPONSOR.
Any violation of these Terms may result in suspension, termination, disqualification and/or forfeiture of the right to participate, nominate, vote, have a vote counted or win an Award, in Care 2's sole discretion. Care2 reserves the right to reject any registration, Posting, vote or any other Participant activity that may be deemed, in Care2's sole discretion, to violate these Terms, the Care2.com's Website Terms of Use or Privacy Policy, and any other applicable policy or guidelines established by Care2 that govern participation in the Contest.
ANY VIOLATION OF THESE TERMS BY A PARTICIPANT, POTENTIAL AWARD WINNER OR AWARD WINNER, OR ANY BEHAVIOR BY A PARTICIPANT, POTENTIAL AWARD WINNER OR AN AWARD WINNER, THAT WILL BRING SPONSOR OR ANY OTHER PARTY INTO DISREPUTE (IN THE SPONSOR'S SOLE DISCRETION) WILL RESULT IN DISQUALIFICATION, TERMINATION AND FORFEITURE OF ALL RIGHTS AND PRIVILEGES AS A PARTICIPANT, POTENTIAL AWARD WINNER AND/OR AWARD WINNER.
ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY VIOLATE CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK CIVIL DAMAGES FROM ANY AND ALL RESPONSIBLE PARTIES.
Care2 reserves the right to cancel, terminate or modify any transmission or other activity not capable of completion as planned, including by reason of infection by computer virus, bugs, tampering, unauthorized intervention, force majeure or technical failures of any sort. Care2 is not responsible for errors in the administration or fulfillment of the Contest, including without limitation mechanical, human, printing, distribution or production errors, and may modify or cancel the Contest based upon such error at its sole discretion without liability to any Participant or other person or entity. Care2 assumes no responsibility for the incorrect or inaccurate posting of information whether caused by any of the equipment or programming associated with or utilized in the Contest or by any human error which may occur in the processing of the Postings in the Contest. Care2 is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers, or providers, computer equipment, software, failure of any e-mail or players on account of technical problems or traffic congestion on the Internet or at any web site, or any combination thereof, including, without limitation, any injury or damage to a Participant's or any other person's computer related to or resulting from participation or downloading any materials (including, without limitation, the Sponsor Materials) for the Contest. Care2 is not responsible for any typographical or other error in the printing of any materials, administration of the Contest, or in the announcement of the Awards or Award winners. If, for any reason, a particular finalist is not capable of being offered to as planned, including, without limitation, due to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Care2 which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Contest, Care2 reserves the right in their sole discretion to suspend, terminate, or modify these Terms and/or the Contest.
The construction, validity, interpretation and enforceability of these Terms shall be governed by the laws of the State of California (U.S.A.), without application of conflict of law or choice of law provisions of any jurisdiction. All disputes arising out of or connected with the Contest will be resolved individually, and without resort to class action, exclusively by a state or federal court located in San Mateo County, California. Each Participant waives any and all objections to jurisdiction and venue in these courts and hereby submits to the jurisdiction and venue of those courts.
These Terms may not be amended, modified or waived except in a writing signed by a duly authorized officer of Sponsor. Sponsor reserves the right in its sole discretion to amend, modify or waive these Terms, in whole or in part, at any time without prior notice or the consent of Participants or any other third party. These Terms will be posted on Sponsor's Website for the Contest Period and until such time as the Contest is terminated and all Awards given in accordance herewith.
Winner's List. For a list of Award winners, visit Sponsor's Website on or after February 26th, 2010. Alternatively, for a list of Award winners send a self-addressed, stamped envelope to Care2.com, Inc., Hero Next Door Contest (11-2009), 275 Shoreline Drive, Suite 300, Redwood City, CA 94065. Residents of Vermont need not include return postage.
Sponsor. Any questions or comments concerning these Terms or the Contest must be directed to: Care2.com, Inc., Hero Next Door Contest (11-2009), 275 Shoreline Drive, Suite 300, Redwood City, CA 94065.