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GQ LIVE FREE Photo Contest
OFFICIAL SWEEPSTAKES RULES
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS CONTEST.
A purchase will not improve chances of winning.
CONSUMER DISCLOSURE
You have not yet won.
OPEN ONLY TO LEGAL RESIDENTS OF THE 50 UNITED STATES AND DISTRICT OF COLUMBIA WHO ARE AT LEAST 25 YEARS OLD AS OF THE DATE OF ENTRY
By entering this Promotion, entrants accept and agree to be bound by these Official Rules. Any violation of these rules may result in disqualification. All decisions of the judges regarding this Promotion are final and binding in all respects.
1. PROMOTION PERIOD. Promotion begins 9:00:01 AM ET on October 19, 2009 and ends 9:01:01 AM ET on November 30, 2009, when all entries must be received ("Promotion Period").
2. ELIGIBILITY. This contest (the "Promotion") is only open to those who are legal residents of the 50 United States and District of Columbia and are at least 25 years old as of the date of entry, except officers, directors, members, and employees of the Sponsor, the judging organization (if applicable), or any other party associated with the development or administration of this Promotion, and the immediate family (i.e., parents, children, siblings, spouse), and persons residing in the same household, as such individuals. This Promotion is void outside the 50 United States and the District of Columbia, and where prohibited.
3. HOW TO ENTER. Visit www.gqconnects.com/livefree during the Promotion Period and follow the instructions to complete and submit the entry including providing all required contact information. You must include a photograph of the place where you have felt the most free, along with a short description (20 words or less) including when and where you have felt the most free (the “Submission”). Submissions MUST be submitted online. Mail-in Submissions will not be accepted. Entrant represents he or she is the photographer of any photo submitted. Entries must be submitted in English only. Entrants represent and warrant that their Submission, including all materials, is the original work of such entrant, it has not been copied from others, and it does not violate the rights of any other person or entity. Entrant further represents and warrants that their Submission does not contain any defamatory, obscene or otherwise unlawful matter or depict anyone engaged in any illegal, immoral or lewd act, any violent or pornographic material or any other inappropriate content such as illegal drug use, nudity or hate speech and will not reflect adversely on GQ, Conde Nast Publications, Coty, Inc., or Calvin Klein fragrances. False or deceptive Submissions or acts may render a submission ineligible. Entrants may be contacted to provide additional information and/or have their information verified. GQ reserves the right to request and require additional information from entrants to have their Submission considered. GQ reserves the right, in its discretion, to edit all Submissions including but not limited to photographs and written short descriptions. By submitting an entry you grant Sponsor the right without obligation, unless prohibited by law, to use the contents of your Submission, your name, picture and likeness, without compensation, including for purposes of advertising or trade in any medium, throughout the world in perpetuity. You also represent you have permission from anyone featured in submitted pictures to allow the use of his or her name, picture, and likeness, without compensation, for such purposes. Any Submission that does not fully comply with this paragraph, as determined by GQ, Calvin Klein or Coty or the Judges (in their sole discretion) may be automatically disqualified. Notwithstanding any other provision in these rules, disqualification may occur at any point in the process when lack of compliance with this paragraph is determined, even after winner(s) is chosen (at which time an alternate winner would be selected). All entrant information, including e-mail addresses, is subject to the respective Privacy Policy of the applicable Sponsor.
4. WINNER SELECTION AND NOTIFICATION. Upon receipt, some qualifying entries may be posted on www.gqconnects.com for public viewing by visitors of the website. Not all entries (or possibly any entries) may be posted online, but all qualifying entries will be considered during the judging period. All entries will be judged on or about December 15, 2009 (the “Judging Date”) by a panel of judges comprised of two GQ employees and one Coty employee. The judges will score entries based on the following criteria: Originality of photo (40%) defined as an authentic work of photography that is fresh and unusual; Content (30%) as defined as the subject of the photo is clearly portrayed and is meaningful as it relates to the description; Creativity (30%) as defined as a photograph that transcends traditional ideas, is unexpected and inline with the Live Free theme. The entry with the highest overall score will be declared the potential winner. (in the event of a tie, the entry with the higher score in the “Originality” criteria will prevail). The potential winner will be notified by mail, email and/or telephone. If any potential winner cannot be contacted, does not respond within five (5) days from the date the Sponsor first tries to notify him/her, and/or the prize or prize notification is returned as undeliverable, such potential winner forfeits all rights to win the Promotion or receive the prize, and an alternate potential winner will be selected. Upon contacting the potential winner and determining that he/she has met all eligibility requirements of the Promotion, including without limitation the execution of required waivers, publicity and liability releases and disclaimers, such individual will be declared the “winner” of the Promotion.
5. PRIZE DESCRIPTION. There will be one (1) grand prize winner. The grand prize consists of: Two (2) coach airfare tickets from the major commercial airport nearest winner's primary residence in the US to Los Angeles, CA, one (1) standard hotel room (double occupancy) for a total of ten (10) nights hotels selected by Sponsor in the following locations: Los Angeles, San Francisco, Monterey, a vintage car rental (selected by Sponsor) for ten (10) days, a kayak day trip to the Channel Islands for winner and guest, admission to the Monterey Aquarium for two, two (2) bicycle rentals in San Francisco for one day and a hot air balloon ride. The approximate retail value of the prize is $12,000 depending on exact itinerary. Actual value may vary based on fluctuations in price for airfare and/or accommodations, and distance between departure and destination. Ground transportation other than car rental, meals, in-room or other personal charges at lodging (e.g., mini-bar, movies), telephone calls, gratuities, incidentals, and all other expenses are not included. Winner and travel companion must be available to travel on the same itinerary, as selected by Sponsor. Trip must be booked by March 31, 2010 and completed by June 30, 2010 and may be subject to certain other restrictions, including without limitation blackout dates. If, in the sole judgment of Sponsor, air travel is not required due to winner’s proximity to prize location, ground transportation may be substituted for roundtrip air travel. Unless child of winner, travel companion must be eighteen (18) years of age or older as of the date of departure. Winner must have a valid driver’s license and otherwise meet the requirements of the rental car company or the vintage car portion of the prize will be forfeited.
6. TAXES. All federal, state and/or local income and other taxes, gasoline and car insurance if any, are the winner’s sole responsibility.
7. OWNERSHIP AND LICENSE. All entry materials become the property of the Sponsor and will not be acknowledged or returned. The copyright in any Submission shall remain the property of the entrant, but entry into this Promotion constitutes entrant’s irrevocable and perpetual permission and consent, without further compensation or attribution, to use, reproduce, print, publish, transmit, distribute, sell, perform, adapt, enhance, or display such Submission for any purpose, including but not limited to editorial, advertising, trade, commercial, and publicity purposes by the Sponsor and/or others authorized by the Sponsor, in any and all media now in existence or hereinafter created, throughout the world, for the duration or the copyright in the Submission. Sponsor and/or others authorized by the Sponsor shall have the right to edit, adapt, and modify the Submission. All submissions may, at Sponsor’s discretion, be posted online on www.gqconnects.com and other Internet websites as entry constitutes consent to Sponsor posting entries on the Internet.
8. NO PRIZE TRANSFER OR SUBSTITUTION. No prize or any portion thereof is transferable or redeemable for cash. Any portion of the prize that is not used is forfeited. No substitutions for prize except by Sponsor, in which case a prize of equal or greater value will be substituted.
9. CONSENT AND RELEASE. By entering the Promotion, each entrant releases and discharges the Sponsor, judging organization (if applicable), and any other party associated with the development or administration of this Promotion, their parent, subsidiary, and affiliated entities, and each of their respective officers, directors, members, shareholders, employees, independent contractors, agents, representatives, successors and assigns (collectively, “Sponsor Entities”), from any and all liability whatsoever in connection with this Promotion, including without limitation legal claims, costs, injuries, losses or damages, demands or actions of any kind (including without limitation personal injuries, death, damage to, loss or destruction or property, rights of publicity or privacy, defamation, or portrayal in a false light) (collectively, “Claims”). Except where prohibited: (i) acceptance of a prize constitutes the consent of any winner, without further compensation, to use the name and likeness of such winner and his/her Submission for editorial, advertising and publicity purposes by the Sponsor and/or others authorized by the Sponsor; (ii) acceptance of a prize constitutes a release by any winner of the Sponsor Entities of any and all Claims in connection with the administration of this Promotion and the use, misuse, or possession of his/her Submission or any prize; (iii) any potential winner may be required to sign an affidavit of eligibility (including social security number) and a liability/publicity/copyright release; and (iv) if prize involves travel or activities, any potential winner and travel companion (if applicable) may be required to execute releases of the Sponsor from any and all liability with respect to participation in such travel/activities and/or use of the prize. Affidavits and releases must be returned within ten (10) days from the date that Sponsor first tries to notify the potential winner.
10. DISCLAIMERS. (i) Entries that are lost, late, misdirected, incorrect, garbled, or incompletely received, for any reason, including by reason of hardware, software, browser, or network failure, malfunction, congestion, or incompatibility at Sponsor’s servers or elsewhere, will not be eligible. In the event of a dispute, entries/votes will be deemed submitted by the authorized account holder of the e-mail address submitted at the time of entry. “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, educational institute) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. (ii) Sponsor, in its sole discretion, reserves the right to disqualify any person tampering with the entry/voting process or the operation of the web site. Use of bots or other automated process to enter/vote is prohibited and may result in disqualification at the sole discretion of Sponsor. (iii) Sponsor further reserves the right to cancel, terminate or modify the Promotion if it is 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. (iv) Sponsor Entities are not responsible for errors in the administration or fulfillment of this Promotion, including without limitation mechanical, human, printing, distribution or production errors, and may modify or cancel this Promotion based upon such error at its sole discretion without liability. (v) SPONSOR ENTITIES MAKE NO WARRANTIES, REPRESENTATIONS OR GUARANTEES, EXPRESS OR IMPLIED, IN FACT OR IN LAW, AS REGARDS THIS PROMOTION OR THE MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE REGARDING ANY PRIZE OR ANY COMPONENT OF ANY PRIZE. (vi) CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS PROMOTION MAY BE A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING WITHOUT LIMITATION ATTORNEYS’ FEES) FROM ANY SUCH ENTRANT TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
11. APPLICABLE LAWS AND JURISDICTION. This Promotion is subject to all applicable federal, state, and local laws and regulations. Issues concerning the construction, validity, interpretation and enforceability of these Official Rules shall be governed by the laws of the State of New York. All disputes arising out of or connected with this Promotion will be resolved individually, and without resort to class action, exclusively by a state or federal court located in New York, New York. Should there be a conflict between the laws of the State of New York and any other laws, the conflict will be resolved in favor of the laws of the State of New York. All judgments or awards shall be limited to actual out-of-pocket damages (excluding attorneys’ fees) associated with participation in this Promotion and shall not include any indirect, punitive, incidental and/or consequential damages.
12. WINNER LIST. For the name of the winner, send a self-addressed stamped envelope, within six (6) months of the Winners selection, to: Winner List, GQ LIVE FREE Photo Contest, c/o John W. Nigro, GQ Magazine, 4 Times Square, 7th floor, New York, NY 10036.
13. SPONSORSHIP. This Promotion is sponsored by The Conde Nast Publications, 4 Times Square, New York, NY (individually and collectively, the "Sponsor")