NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT IMPROVE YOUR CHANCES OF WINNING.
Monthly Sweepstakes may only be entered in or from the 50 United States, the District of Columbia and Canada (excluding Quebec) and entries originating from any other jurisdiction are not eligible for entry. You are not authorized to participate in a Monthly Sweepstakes if you are not located within the 50 United States, the District of Columbia or Canada (excluding Quebec).
1. How to Enter. To enter a "Pulse It" Monthly Sweepstakes (each, a "Monthly Sweepstakes"), you must first register as a member on www.simonandschuster.com/pulseit (the "Web Site") (which is free). Once you are a registered member of the Web Site, the first time each month you log-in to the Web Site, you will automatically receive one (1) entry into that month's Monthly Sweepstakes except as otherwise indicated in Paragraph 3.
Limit one (1) entry per person per Sweepstakes Period (defined below). No automated entry devices and/or programs permitted and entries submitted by such methods will result in disqualification. All entries become the sole and exclusive property of the Sponsor (defined in Section 3 below) and receipt of entries will not be acknowledged or returned. Delivery of prizes requires a street address (no P.O. Boxes) so make sure the address you submitted as part of your initial registration to the Web Site was not a P.O. Box. Sponsor is not responsible for lost, late, illegible, stolen, incomplete, invalid, unintelligible, misdirected, technically corrupted or garbled entries, which will be disqualified, or for problems of any kind whether mechanical, human or electronic. Sponsor may run multiple campaigns, contests, sweepstakes or other promotions simultaneously. Entry into one campaign, contest or sweepstakes does not constitute entry into any other. Entries from one Monthly Sweepstakes do not roll over into the next Monthly Sweepstakes.
2. Start/End Dates. Each Monthly Sweepstakes begins at 12:00:01 a.m. Eastern Time ("ET") on the first day of the month and ends at 11:59:59 p.m. ET on the last day of the month (each month, a "Sweepstakes Period"); provided; however the first Sweepstakes Period for the first Monthly Sweepstakes will begin at 9:00 A.M. Eastern Time ("ET") on June 8, 2009 and ends at 11:59:59 p.m. ET on June 30, 2009. Sponsor makes no guarantee that there will be a Monthly Sweepstakes every month. The Web Site's database clock will be the official timekeeper for each Monthly Sweepstakes.
3. Eligibility. Participation in a Monthly Sweepstakes is open only to legal residents of any one (1) of the fifty (50) United States, the District of Columbia, and Canada (excluding Quebec) who are between the ages of fourteen (14) and eighteen (18) as of date of entry. Void outside of the fifty (50) United States, the District of Columbia, and Canada (excluding Quebec) and where prohibited by law. Employees, officers & directors of Simon & Schuster, Inc. (“Sponsor”) and its parent companies, subsidiaries, affiliates, partners, dealers, advertising and promotion agencies, manufacturers or distributors of sweepstakes materials, prize providers, and their immediate families (parents, children, siblings, spouse, mother, father, in-laws, grandmother, grandfather, grandchildren, brother, sister) or members of the same household (whether related or not) of such employees/officers/directors are not eligible to enter. Each Monthly Sweepstakes may only be entered in or from the fifty (50) United States and the District of Columbia, and entries originating from any other jurisdiction are not eligible for entry. You are not authorized to participate in a Monthly Sweepstakes if you are not located within the fifty (50) United States or the District of Columbia. All applicable federal, state, provincial and local laws and regulations apply.
4. Random Drawing/Odds. Winners will be selected in a random drawing from all eligible entries received during each applicable Sweepstakes Period. Odds of winning a Monthly Sweepstakes depend on the number of eligible entries received during that Monthly Sweepstakes' Sweepstakes Period. A random drawing will be conducted by Sponsor or Sponsor's designated agent or representative (the "judges"), on or about ten (10) days after the end of each Sweepstakes Period. By entering a Monthly Sweepstakes, entrants (and your parent/legal guardian if you are a minor in your jurisdiction of primary residence) fully and unconditionally agree to be bound by these "Official Rules" and the decisions of the judges, which will be final and binding in all matters relating to the Monthly Sweepstakes. Those who do not abide by these Official Rules or other instructions of Sponsor will be disqualified. If a Canadian resident is chosen as a winner, he or she will be required to correctly answer a mathematical skill testing question before being awarded a prize.
5. Prize(s). A total of fifty (50) prizes will be awarded for each Monthly Sweepstakes. The prizes will typically consist of books or other promotional items such as T-shirts or similar goods. The approximate retail value ("ARV") of each prize awarded will range from Ten Dollars ($10.00) to Twenty-Five Dollars ($25.00). The actual prizes available for each Monthly Sweepstakes will be posted on the Web Site. Total ARV of all prizes in a Monthly Sweepstakes will range from Five Hundred Dollars ($500.00) to One Thousand Two Hundred Fifty Dollars ($1,250.00). Prizes are non-transferable. No substitutions or cash redemptions, except at Sponsor's sole and absolute discretion. In the case of unavailability of any prize, Sponsor reserves the right to substitute a prize of equal or greater value. If legitimately claimed, each prize offered will be awarded. If a winner does not accept or use the entire prize, the unaccepted or unused part of the prize will be forfeited and Sponsor will have no further obligation with respect to that prize or portion of the prize. Sponsor is not responsible for any inability of any winner to accept or use any prize (or portion thereof) for any reason. Sponsor will not replace any lost, mutilated or stolen prize. Prizing may be fulfilled by a third party. Unclaimed prizes will be forfeited.
6. Notification. Each potential winner of a Monthly Sweepstakes will be notified by e-mail and/or mail and may be required (in Sponsor's sole discretion) to sign and return, where legal, an Affidavit of Eligibility/Release of Liability/Publicity Release within five (5) days of prize notification before being eligible to receive his or her prize. Notification is deemed to have occurred immediately upon sending of an e-mail or two (2) days after mailing. Alternatively, Sponsor may (without prior notice) send prizes to selected winners to the winners stated address that they provided at their time of Web Site registration. If any winner is considered a minor in his/her jurisdiction of residence and an Affidavit of Eligibility/Release of Liability/Publicity Release is required, the Affidavit of Eligibility/Release of Liability/Publicity Release must be signed by his/her parent or legal guardian and such prize will be delivered to minor’s parent/legal guardian and awarded in the name of parent/legal guardian. If any winner cannot be contacted within five (5) calendar days of first notification attempt, or if any prize or prize notification is returned as undeliverable, or if any winner fails or refuses to sign and return the Affidavit of Eligibility/Release of Liability/Publicity Release or rejects his/her prize or in the event of noncompliance with these Official Rules and requirements, such prize will be forfeited and an alternate winner will be selected from all remaining eligible entries. The Affidavit of Eligibility/Release of Liability/Publicity Release is subject to verification by Sponsor. Upon prize forfeiture, no compensation will be given. Limit one (1) prize per person per Monthly Sweepstakes.
If a potential winner is contacted, he/she will have a stated period of time within which to respond to the notification, or he/she will be disqualified and his/her prize forfeited, and an alternate potential winner may be selected. If a potential winner changes his/her e-mail address or other contact information after he/she registers, it is his/her sole responsibility to update his/her registration information by notifying the Sponsor. Failure to update such registration information may affect a potential winner’s ability to receive a prize.
7. Conditions. All federal, state and local taxes, as well as any expenses not specified in these Official Rules as being provided as part of the prize, are the sole responsibility of the winner(s). Participation in a Monthly Sweepstakes and acceptance of prize constitutes each winner’s permission for Sponsor to use his/her name, address (city and state), likeness, photograph, picture, portrait, voice, biographical information and/or any statements made by each winner regarding a Monthly Sweepstakes or Sponsor for advertising and promotional purposes without notice or additional compensation, except where prohibited by law. By participating, entrants, and winners agree to release, hold harmless and indemnify Sponsor, its advertising and promotion agencies and their respective parent companies, divisions, subsidiaries, affiliates, partners, representatives, agents, successors, assigns, employees, officers and directors, from any and all liability, for loss, harm, damage, injury, cost or expense whatsoever, including, without limitation, property damage, personal injury and/or death which may occur in connection with, preparation for or participation in a Monthly Sweepstakes, or possession, acceptance and/or use or misuse of prize or participation in any Monthly Sweepstakes-related activity and for any claims based on publicity rights, defamation or invasion of privacy and merchandise delivery. Sponsor is not responsible if a Monthly Sweepstakes cannot take place or if any prize cannot be awarded due to delays or interruptions due to acts of God, acts of war, natural disasters, weather or acts of terrorism. Entrants who do not comply with these Official Rules, or attempt to interfere with this Monthly Sweepstakes in any way shall be disqualified. There is no purchase or sales presentation required to participate. A purchase does not increase odds of winning.
WINNERS AGREE THAT THEIR PRIZE IS PROVIDED AS-IS WITHOUT ANY WARRANTY, REPRESENTATION OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT OR IN LAW, WHETHER NOW KNOWN OR HEREINAFTER ENACTED, RELATIVE TO THE USE OR ENJOYMENT OF THE PRIZE, INCLUDING, WITHOUT LIMITATION, ITS QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. FURTHER, NO RESPONSIBILITIES ARE ACCEPTED FOR ANY ADDITIONAL EXPENSES, OMISSIONS, DELAYS, OR RE-ROUTING RESULTING FROM ANY ACTS OF ANY GOVERNMENT OR AUTHORITY.
EACH ENTRANT UNDERSTANDS AND AGREES THAT ALL RIGHTS UNDER SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY OF THE UNITED STATES ARE HEREBY EXPRESSLY WAIVED BY HIM/HER. SECTION 1542 READS AS FOLLOWS:
“CERTAIN CLAIMS NOT AFFECTED BY A GENRAL RELEASE. A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
8. Additional Terms. In case of dispute as to the identity of any entrant, entry will be declared made by the Authorized Account Holder of the email address submitted at time of entry provided that the Authorized Account Holder is otherwise eligible to participate in that Monthly Sweepstakes . “Authorized Account Holder” is defined as the natural person who is assigned an email address by an Internet access provider, online service provider, or other organization (e.g., business, educational, institution, etc.) responsible for assigning email addresses or the domain associated with the submitted email address. Any potential winner may be requested to provide Sponsor with proof that such winner is the authorized account holder of the email address associated with the winning entry. Any other attempted form of entry is prohibited; no automatic, programmed; robotic or similar means of entry are permitted. Sponsor, its affiliates, partners and promotion and advertising agencies are not responsible for technical, hardware, software, telephone or other communications malfunctions, viruses, errors or failures of any kind, lost e-mail, mail or Monthly Sweepstakes-related correspondence, errors, typos or misprints in these Official Rules, in any Monthly Sweepstakes-related advertisements or other materials; lost or unavailable network connections, web site, Internet, or ISP availability, unauthorized human intervention, traffic congestion, incomplete or inaccurate capture of entry information (regardless of cause) or failed, incomplete, garbled, jumbled or delayed computer transmissions which may limit one’s ability to enter the Monthly Sweepstakes, including any injury or damage to participant’s or any other person’s computer relating to or resulting from participating in a Monthly Sweepstakes or downloading any materials in a Monthly Sweepstakes. Sponsor is not responsible for electronic communications that are undeliverable as a result of any form of active or passive filtering of any kind, or insufficient space in entrant’s e-mail account to receive e-mail messages. Sponsor is not responsible, and may disqualify an entrant, if his or her e-mail address does not work or if it is changed without entrant giving prior written notice to Sponsor. Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify, extend or suspend a Monthly Sweepstakes should (in its sole discretion) virus, bugs, non-authorized human intervention, fraud or other causes beyond its control corrupt or affect the administration, security, fairness or proper conduct of each Monthly Sweepstakes. In such case, Sponsor will select the winners from all eligible entries received prior to and/or after (if appropriate) the action taken by Sponsor. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds, in its sole discretion, to be tampering with the entry process or the operation of a Monthly Sweepstakes or web site. Sponsor may prohibit an entrant from participating in a Monthly Sweepstakes or winning a prize if, in its sole discretion, it determines that said entrant is attempting to undermine the legitimate operation of a Monthly Sweepstakes by cheating, hacking, deception, or other unfair playing practices (including the use of automated quick entry programs) or intending to annoy, abuse, threaten or harass any other entrants or Sponsor representatives.
CAUTION: ANY ATTEMPT BY AN ENTRANT TO DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF A MONTHLY SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
9. Governing Law. All disputes between a participant and Sponsor in connection with each Monthly Sweepstakes shall be governed by, and construed in accordance with, the laws of the State of New York, without giving effect to any principles of conflicts of law. Any legal actions, suits or proceedings arising out of a Monthly Sweepstakes (whether for breach of contract, tortious conduct or otherwise) will be brought exclusively in the state or federal courts located in New York City, New York, and each entrant accepts and submits to the personal jurisdiction of these New York City courts with respect to any legal actions, suits or proceedings arising out of or related to a Monthly Sweepstakes. If any provision of these Official Rules shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Official Rules and shall not affect the validity and enforceability of any remaining provisions. Sponsor's failure to insist upon or enforce strict performance of any provision of these Official Rules shall not be construed as a waiver of any provision or right. No waiver of any term or condition of these Official Rules shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
BY PARTICIPATING IN A MONTHLY SWEEPSTAKES, EACH PARTICIPANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH A MONTHLY SWEEPSTAKES, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED, (IF ANY), NOT TO EXCEED TWENTY FIVE DOLLARS ($25.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL ANY PARTICIPANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND PARTICIPANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT-OF-POCKET EXPENSES NOT TO EXCEED TWENTY FIVE DOLLARS ($25.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) PARTICIPANTS’ REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND PARTICIPANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO ALL PARTICIPANTS.
10. List of Winners/Winner’s Name. To obtain a list of winners/the name of the winner, send a self-addressed, stamped envelope no later than three (3) months following the end of the Sweepstakes Period to: 1230 Avenue of the Americas, New York, NY 10020 (Attn: Pulse It Monthly Sweepstakes Winners). Please specify the applicable Sweepstakes Period for which you are inquiring.
11. Sponsor. Simon & Schuster, Inc., 1230 Avenue of the Americas, New York, NY 10020.
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT IMPROVE YOUR CHANCES OF WINNING.
Monthly Totally Obsessed Member Contest may only be entered in or from the 50 United States and the District of Columbia and Canada (excluding Quebec) and entries originating from any other jurisdiction are not eligible for entry. You are not authorized to participate in a Monthly Totally Obsessed Member Contest if you are not located within the 50 United States, District of Columbia, or Canada (excluding Quebec).
1. How to Enter. To enter a "Pulse It Totally Obsessed Member" Monthly Totally Obsessed Member Contest (each, a "Monthly Totally Obsessed Member Contest"), you must first register as a member on www.simonandschuster.com/pulseit (the "Web Site") (which is free). Once you are a registered member of the Web Site, you must become "totally obsessed" to win by being active on the Web Site. See what types of activities on the Web Site we will be looking at by checking out the criteria for winning a Monthly Totally Obsessed Member Contest in the "Totally Obsessed" Requirements section below.
No automated entry devices and/or programs permitted and entries submitted by such methods will result in disqualification. Receipt of entries will not be acknowledged or returned. Delivery of prizes requires a street address (no P.O. Boxes) so make sure the address you submitted as part of your initial registration to the Web Site was not a P.O. Box. Sponsor (defined in Section 3 below) is not responsible for lost, late, illegible, stolen, incomplete, invalid, unintelligible, misdirected, technically corrupted or garbled entries, which will be disqualified, or for problems of any kind whether mechanical, human or electronic. Sponsor may run multiple campaigns, contests, sweepstakes or other promotions simultaneously. Entry into one campaign, contest or sweepstakes does not constitute entry into any other. Entries from one Monthly Totally Obsessed Member Contest do not roll over into the next Monthly Totally Obsessed Member Contest.
2. Start/End Dates. Each Monthly Totally Obsessed Member Contest begins at 12:00:01 a.m. Eastern Time ("ET") on the first day of the month and ends at 11:59:59 p.m. ET on the last day of the month (each month, a "Contest Period"); ("ET") on August 1, 2009 and ends at 11:59:59 p.m. ET on August 31, 2009. Sponsor makes no guarantee that there will be a Monthly Totally Obsessed Member Contest every month. The Web Site's database clock will be the official timekeeper for each Monthly Totally Obsessed Member Contest.
3. Eligibility. Participation in a Monthly Totally Obsessed Member Contest is open only to legal residents of any one (1) of the fifty (50) United States or the District of Columbia and Canada (excluding Quebec) who are between the ages of fourteen (14) and eighteen (18) as of date of entry. Void outside of the fifty (50) United States, the District of Columbia, and Canada (excluding Quebec) and where prohibited by law. Employees, officers & directors of Simon & Schuster, Inc. (“Sponsor”) and its parent companies, subsidiaries, affiliates, partners, dealers, advertising and promotion agencies, manufacturers or distributors of Contest materials, prize providers, and their immediate families (parents, children, siblings, spouse, mother, father, in-laws, grandmother, grandfather, grandchildren) or members of the same household (whether related or not) of such employees/officers/directors are not eligible to enter. Each Monthly Totally Obsessed Member Contest may only be entered in or from the fifty (50) United States, the District of Columbia or Canada (excluding Quebec) and entries originating from any other jurisdiction are not eligible for entry. You are not authorized to participate in a Monthly Totally Obsessed Member Contest if you are not located within the fifty (50) United States, the District of Columbia or Canada (excluding Quebec). All applicable federal, state, provincial and local laws and regulations apply.
4. "Totally Obsessed" Requirements. Your participation on the Web site must comply and be in accordance with these official rules ("Rules") and the Web Site Terms of Use . To evaluate whether you are the most "totally obsessed" member, we will look at: (i) the various ways in which you participate in the community, e.g., updating your profile, requesting friends, answering polls (33%), (ii) the value of the assistance you have provided to the Pulse It Community, e.g., helpful suggestions for improving the community, as determined by the judges in their sole discretion (33%), and (iii) how creative you are with your comments (34%).
5. Winner Selection. On or about the fifth [5th] day of the month following the Contest Period, judges in New York appointed by the Sponsor will judge how "totally obsessed" you are with Pulse It. The "Totally Obsessed" member with the highest score will be the winner. The odds of being selected by the judging panel depends on the number of participants and the caliber of participation of your and your fellow Pulse It members during the Contest Period. In the event of a tie, the "Totally Obsessed" member with the highest score on “the value of the assistance you have provided to the Pulse It Community” will be selected as the winner. If there is still a tie after implementing the tie breaker, the highest score in “the various ways in which you participate in the community” category will be selected as the winner. If there is still a tie after implementing the second tie breaker, the highest score in the “how creative you are with your comments” category will be selected as the winner. If there is still a tie, the tied entries will be re-judged by an additional Sponsor-selected judge to determine the entry with the higher score based upon the three original judging criteria. All judges’ decisions are final. Judging will be completed and the selected participant will be contacted via mail or e-mail (in Sponsor's sole discretion) on or about the fifteenth (15th) day of the month following each Contest Period.
6. Prizes. There will be one (1) prize awarded per Contest Period, consisting of a set of three (3) books (Hardcover or Paperbacks as opposed to eBooks) selected by Sponsor in its sole discretion. Total approximate retail value of prize is: $35.00 US, $45 CDN, and you will be featured on the Pulse It home page and will also have a permanent designation on your profile page (the “Prize”). Prize must be accepted as awarded and is not transferable. No substitutions or cash redemptions except at Sponsor’s option. Sponsor reserves the right to substitute the Prize with one of equal or greater value, including, without limitation, in the event of Prize unavailability. All Prize details not specifically sated in these Rules will be determined in Sponsor's sol discretion.
7. Notification. Each potential winner of a Monthly Totally Obsessed Member Contest will be notified by e-mail and/or mail and may be required (in Sponsor's sole discretion) to sign and return, where legal, an Affidavit of Eligibility/Release of Liability/Publicity Release (if required by Sponsor, Canadian residents would be required to sign a Declaration of Eligibility/Release of Liability/Publicity Release) within five (5) days of prize notification before being eligible to receive his or her prize. Notification is deemed to have occurred immediately upon sending of an e-mail or two (2) days after mailing. Alternatively, Sponsor may (without prior notice) send prizes to selected winners to the winners stated address that they provided at their time of Web Site registration. If any winner is considered a minor in his/her jurisdiction of residence and an Affidavit of Eligibility/Release of Liability/Publicity Release is required, the Affidavit of Eligibility/Release of Liability/Publicity Release must be signed by his/her parent or legal guardian and such prize will be delivered to minor’s parent/legal guardian and awarded in the name of parent/legal guardian. If any winner cannot be contacted within five (5) calendar days of first notification attempt, or if any prize or prize notification is returned as undeliverable, or if any winner fails or refuses to sign and return the Affidavit of Eligibility/Release of Liability/Publicity Release or rejects his/her prize or in the event of noncompliance with these Official Rules and requirements, such prize will be forfeited and an alternate winner will be selected from all remaining eligible entries. The Affidavit of Eligibility/Release of Liability/Publicity Release is subject to verification by Sponsor. Upon prize forfeiture, no compensation will be given. Limit one (1) prize per person per Monthly Totally Obsessed Member Contest. Participants are only eligible to win once during any given six (6) month period.
If a potential winner is contacted, he/she will have a stated period of time within which to respond to the notification, or he/she will be disqualified and his/her prize forfeited, and an alternate potential winner may be selected. If a potential winner changes his/her e-mail address or other contact information after he/she registers, it is his/her sole responsibility to update his/her registration information by notifying the Sponsor. Failure to update such registration information may affect a potential winner’s ability to receive a prize.
8. Conditions. All federal, state and local taxes, as well as any expenses not specified in these Official Rules as being provided as part of the prize, are the sole responsibility of the winner(s). Participation in a Monthly Totally Obsessed Member Contest and acceptance of prize constitutes each winner’s (and their parent/legal guardian's) permission for Sponsor to use his/her name, address (city and state/province), Web Site postings, likeness, photograph, picture, portrait, voice, biographical information and/or any statements made by each winner regarding a Monthly Totally Obsessed Member Contest or Sponsor for advertising and promotional purposes without notice, approval or additional compensation, except where prohibited by law. By participating, participants, and winners (and their parent/legal guardians) agree to release, hold harmless and indemnify Sponsor, its advertising and promotion agencies and their respective parent companies, divisions, subsidiaries, affiliates, partners, representatives, agents, successors, assigns, employees, officers and directors, from any and all liability, for loss, harm, damage, injury, cost or expense whatsoever, including, without limitation, property damage, personal injury and/or death which may occur in connection with, preparation for or participation in a Monthly Totally Obsessed Member Contest, , Sponsor's or its assigns, licensees or agents use of any Web Site posting, or possession, acceptance and/or use or misuse of prize or participation in any Monthly Totally Obsessed Member Contest-related activity and for any claims based on publicity rights, defamation or invasion of privacy and merchandise delivery. Sponsor is not responsible if a Monthly Totally Obsessed Member Contest cannot take place or if any prize cannot be awarded due to delays or interruptions due to acts of God, acts of war, natural disasters, weather or acts of terrorism. Participants who do not comply with these Official Rules, or attempt to interfere with this Monthly Totally Obsessed Member Contest in any way shall be disqualified. There is no purchase or sales presentation required to participate. A purchase does not increase odds of winning.
WINNERS (AND THEIR PARENTS/LEGAL GUARDIANS) AGREE THAT THEIR PRIZE IS PROVIDED AS-IS WITHOUT ANY WARRANTY, REPRESENTATION OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT OR IN LAW, WHETHER NOW KNOWN OR HEREINAFTER ENACTED, RELATIVE TO THE USE OR ENJOYMENT OF THE PRIZE, INCLUDING, WITHOUT LIMITATION, ITS QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. FURTHER, NO RESPONSIBILITIES ARE ACCEPTED FOR ANY ADDITIONAL EXPENSES, OMISSIONS, DELAYS, OR RE-ROUTING RESULTING FROM ANY ACTS OF ANY GOVERNMENT OR AUTHORITY.
EACH PARTICIPANT UNDERSTANDS AND AGREES THAT ALL RIGHTS UNDER SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY OF THE UNITED STATES ARE HEREBY EXPRESSLY WAIVED BY HIM/HER. SECTION 1542 READS AS FOLLOWS:
“CERTAIN CLAIMS NOT AFFECTED BY A GENERAL RELEASE. A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
9. LICENSE: By entering, except where prohibited by law, each participant (and their parent/legal guardian) grants to Sponsor and its agents, licensees and assigns ("Licensed Entities") in perpetuity the unrestricted, irrevocable, perpetual, royalty-free, sublicensable, exclusive, absolute right and permission to use, post, distribute, disclose, sell, re-sell, edit, display, perform, transmit, broadcast, modify, reformat, archive, store, cache, rearrange, add to, delete from, copy, reproduce, translate, separate, adapt, publish, combine with other material, reuse, adapt, and exploit the content of and elements embodied in his/her posts, comments and other activities on the Web Site, in any and all media, including, without limitation, digital and electronic media, computer, audio and audiovisual media (whether now existing or hereafter devised), in any language, throughout the world, and in any manner, for trade, advertising, promotional, commercial, or any other purposes without further review, notice, approval, consideration, or compensation. Each participant (and their parent/legal guardian) agrees that the Licensed Entities may, but are not required to, attribute an participant's posts, comments and other activities on the Web Site to an participant. Each participant (and their parent/legal guardian) waives and releases the Licensed Entities from any and all claims that participant may now or hereafter have in any jurisdiction based on “moral rights” or “droit moral” or unfair competition with respect to the Licensed Entities’ exploitation of entries without further notification or compensation to participants of any kind, and agrees not to instigate, support, maintain, or authorize any action, claim, or lawsuit against the Licensed Entities and each of their affiliates, licensees, or any other person in connection with a Monthly Totally Obsessed Member Contest, on the grounds that any use of any entry, or any derivative works, infringe or violate any of participant’s rights therein.
Each participant (and their parent/legal guardian) understands and acknowledges that Sponsor has wide access to ideas, stories, designs, and other literary materials. Each participant also acknowledges that many ideas or stories may be competitive with, similar to, or identical to his/her posts, comments and other activities on the Web Site and/or each other in theme, idea, plot, format, or other respects. Each participant acknowledges and agrees that such participant will not be entitled to any compensation as a result of Sponsor's use of any such similar or identical material that has or may come to Sponsor from other sources. Each participant acknowledges and agrees that Sponsor does not now and will 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 participant’s copyright in and to his/her posts, comments and other activities on the Web Site. Each participant acknowledges that, with respect to any claim by participant relating to or arising out of Sponsor's actual or alleged exploitation or use of any posts, comments and other activities on the Web Site or other material submitted in connection with a Monthly totally Obsessed Member Contest, the damage, if any, thereby caused to the applicable participant will not be irreparable or otherwise sufficient to entitle such participant to seek injunctive or other equitable relief or in any way enjoin the production, distribution, exhibition, or other exploitation of any part of the Web Site, or any Sponsor-owned or Sponsor-related material based on or allegedly based on the participant's posts, comments and other activities on the Web Site, and participant’s rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law.
10. Additional Terms. In case of dispute as to the identity of any participant, entry will be declared made by the Authorized Account Holder of the email address associated with that participant's Web Site registration provided that the Authorized Account Holder is otherwise eligible to participate in that Monthly Totally Obsessed Member Contest . “Authorized Account Holder” is defined as the natural person who is assigned an email address by an Internet access provider, online service provider, or other organization (e.g., business, educational, institution, etc.) responsible for assigning email addresses or the domain associated with the submitted email address. Any potential winner may be requested to provide Sponsor with proof that such winner is the authorized account holder of the email address associated with the winning entry. Any other attempted form of entry is prohibited; no automatic, programmed; robotic or similar means of entry are permitted. Sponsor, its affiliates, partners and promotion and advertising agencies are not responsible for technical, hardware, software, telephone or other communications malfunctions, viruses, errors or failures of any kind, lost e-mail, mail or Monthly Totally Obsessed Member Contest-related correspondence, errors, typos or misprints in these Official Rules, in any Monthly Totally Obsessed Member Contest-related advertisements or other materials; lost or unavailable network connections, web site, Internet, or ISP availability, unauthorized human intervention, traffic congestion, incomplete or inaccurate capture of entry information (regardless of cause) or failed, incomplete, garbled, jumbled or delayed computer transmissions which may limit one’s ability to enter the Monthly Totally Obsessed Member Contest, including any injury or damage to participant’s or any other person’s computer relating to or resulting from participating in a Monthly Totally Obsessed Member Contest or downloading any materials in a Monthly Totally Obsessed Member Contest. Sponsor is not responsible for electronic communications that are undeliverable as a result of any form of active or passive filtering of any kind, or insufficient space in participant’s e-mail account to receive e-mail messages. Sponsor is not responsible, and may disqualify a participant, if his or her e-mail address does not work or if it is changed without participant giving prior written notice to Sponsor. Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify, extend or suspend a Monthly Totally Obsessed Member Contest should (in its sole discretion) virus, bugs, non-authorized human intervention, fraud or other causes beyond its control corrupt or affect the administration, security, fairness or proper conduct of each Monthly Totally Obsessed Member Contest. In such case, Sponsor will select the winners from all eligible entries received prior to and/or after (if appropriate) the action taken by Sponsor. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds, in its sole discretion, to be tampering with the entry process or the operation of a Monthly Totally Obsessed Member Contest or web site. Sponsor may prohibit an participant from participating in a Monthly Totally Obsessed Member Contest or winning a prize if, in its sole discretion, it determines that said participant is attempting to undermine the legitimate operation of a Monthly Totally Obsessed Member Contest by cheating, hacking, deception, or other unfair playing practices (including the use of automated quick entry programs) or intending to annoy, abuse, threaten or harass any other participants or Sponsor representatives.
CAUTION: ANY ATTEMPT BY AN PARTICIPANT TO DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF A MONTHLY TOTALLY OBSESSED MEMBER CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
11. Governing Law. All disputes between a participant and Sponsor in connection with each Monthly Totally Obsessed Member Contest shall be governed by, and construed in accordance with, the laws of the State of New York, without giving effect to any principles of conflicts of law. Any legal actions, suits or proceedings arising out of a Monthly Totally Obsessed Member Contest (whether for breach of contract, tortious conduct or otherwise) will be brought exclusively in the state or federal courts located in New York City, New York, and each participant accepts and submits to the personal jurisdiction of these New York City courts with respect to any legal actions, suits or proceedings arising out of or related to a Monthly Totally Obsessed Member Contest. If any provision of these Official Rules shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Official Rules and shall not affect the validity and enforceability of any remaining provisions. Sponsor's failure to insist upon or enforce strict performance of any provision of these Official Rules shall not be construed as a waiver of any provision or right. No waiver of any term or condition of these Official Rules shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
BY PARTICIPATING IN A MONTHLY TOTALLY OBSESSED MEMBER CONTEST, EACH PARTICIPANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH A MONTHLY TOTALLY OBSESSED MEMBER CONTEST, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED, (IF ANY), NOT TO EXCEED TWENTY FIVE DOLLARS ($25.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL ANY PARTICIPANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND PARTICIPANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT-OF-POCKET EXPENSES NOT TO EXCEED TWENTY FIVE DOLLARS ($25.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) PARTICIPANTS’ REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND PARTICIPANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO ALL PARTICIPANTS.
12. List of Winners/Winner’s Name. To obtain a list of winners/the name of the winner, send a self-addressed, stamped envelope no later than three (3) months following the end of the Contest Period to: 1230 Avenue of the Americas, New York, NY 10020 (Attn: Pulse It Monthly Totally Obsessed Member Contest Winners). Please specify the applicable Contest Period for which you are inquiring.
13. Sponsor. Simon & Schuster, Inc., 1230 Avenue of the Americas, New York, NY 10020.
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT IMPROVE YOUR CHANCES OF WINNING.
Blogtastic Monthly Contest may only be entered in or from the 50 United States and the District of Columbia and Canada (excluding Quebec) and entries originating from any other jurisdiction are not eligible for entry. You are not authorized to participate in a Blogtastic Monthly Contest if you are not located within the 50 United States, District of Columbia, or Canada (excluding Quebec).
1. How to Enter. To enter a "Pulse It Blogtastic" Monthly Contest (each, a "Blogtastic Monthly Contest"), you must first register as a member on HYPERLINK www.simonandschuster.com/pulseit (the "Web Site") (which is free). Once you are a registered member of the Web Site, log in and post a blog. To see the criteria for winning a Blogtastic Monthly Contest, see the "Blogtastic" Requirements section below.
No automated entry devices and/or programs permitted and entries submitted by such methods will result in disqualification. Receipt of entries will not be acknowledged or returned. Delivery of prizes requires a street address (no P.O. Boxes) so make sure the address you submitted as part of your initial registration to the Web Site was not a P.O. Box. Sponsor (defined in Section 3 below) is not responsible for lost, late, illegible, stolen, incomplete, invalid, unintelligible, misdirected, technically corrupted or garbled entries, which will be disqualified, or for problems of any kind whether mechanical, human or electronic. Sponsor may run multiple campaigns, contests, sweepstakes or other promotions simultaneously. Entry into one campaign, contest or sweepstakes does not constitute entry into any other. Entries from one Blogtastic Monthly Contest do not roll over into the next Blogtastic Monthly Contest.
2. Start/End Dates. Each Blogtastic Monthly Contest begins at 12:00:01 a.m. Eastern Time ("ET") on the first day of the month and ends at 11:59:59 p.m. ET on the last day of the month (each month, a "Contest Period"). Sponsor makes no guarantee that there will be a Blogtastic Monthly Contest every month. The Web Site's database clock will be the official timekeeper for each Blogtastic Monthly Contest.
3. Eligibility. Participation in a Blogtastic Monthly Contest is open only to legal residents of any one (1) of the fifty (50) United States or the District of Columbia and Canada (excluding Quebec) who are between the ages of fourteen (14) and eighteen (18) as of date of entry. Void outside of the fifty (50) United States, the District of Columbia, and Canada (excluding Quebec) and where prohibited by law. Employees, officers & directors of Simon & Schuster, Inc. (“Sponsor”) and its parent companies, subsidiaries, affiliates, partners, dealers, advertising and promotion agencies, manufacturers or distributors of Contest materials, prize providers, and their immediate families (parents, children, siblings, spouse, mother, father, in-laws, grandmother, grandfather, grandchildren) or members of the same household (whether related or not) of such employees/officers/directors are not eligible to enter. Each Blogtastic Monthly Contest may only be entered in or from the fifty (50) United States, the District of Columbia or Canada (excluding Quebec) and entries originating from any other jurisdiction are not eligible for entry. You are not authorized to participate in a Blogtastic Monthly Contest if you are not located within the fifty (50) United States, the District of Columbia or Canada (excluding Quebec). All applicable federal, state, provincial and local laws and regulations apply.
4. "Blogtastic" Requirements. Each blog post must be a minimum of 75 words and a maximum of 300 words and must be in English.
Additionally, by participating, each participant (and their parent/legal guardian) agrees to be bound by these Official Rules (the “Rules”) and by the interpretation of these Rules by the Sponsor, and further warrants and represents that his/her blog posts:
To evaluate whether you are the most "blogtastic" member, we will judge your blogs based on originality (50%) and entertainment value (50%).
5. Winner Selection. On or about the fifth 5th day of the month following the Contest Period, judges in New York appointed by the Sponsor will judge how "blogtastic" you are with Pulse It. The "blogtastic" member with the highest score will be the winner. The odds of being selected by the judging panel depends on the number of participants and the caliber of participation of your and your fellow Pulse It members during the Contest Period. In the event of a tie, the "blogtastic" member with the highest score on originality will be selected as the winner. If there is still a tie, the tied entries will be re-judged by an additional Sponsor-selected judge to determine the entry with the higher score based upon the two original judging criteria. All judges’ decisions are final. Judging will be completed and the selected participant will be contacted via mail or e-mail (in Sponsor's sole discretion) on or about the fifteenth (15th) day of the month following each Contest Period.
6. Prizes. There will be one (1) prize awarded per Contest Period, consisting of a set of three (3) books (hardcovers or paperbacks as opposed to eBooks) selected by Sponsor in its sole discretion. Total approximate retail value of prize is: $35.00 US, $45 CDN, and you may be featured on the Pulse It home page (the “Prize”). Prize must be accepted as awarded and is not transferable. No substitutions or cash redemptions except at Sponsor’s option. Sponsor reserves the right to substitute the Prize with one of equal or greater value, including, without limitation, in the event of Prize unavailability. All Prize details not specifically sated in these Rules will be determined in Sponsor's sole discretion.
7. Notification. Each potential winner of a Blogtastic Monthly Contest will be notified by e-mail and/or mail and may be required (in Sponsor's sole discretion) to sign and return, where legal, an Affidavit of Eligibility/Release of Liability/Publicity Release (if required by Sponsor, Canadian residents would be required to sign a Declaration of Eligibility/Release of Liability/Publicity Release) within five (5) days of prize notification before being eligible to receive his or her prize. Notification is deemed to have occurred immediately upon sending of an e-mail or two (2) days after mailing. Alternatively, Sponsor may (without prior notice) send prizes to selected winners to the winners stated address that they provided at their time of Web Site registration. If any winner is considered a minor in his/her jurisdiction of residence and an Affidavit of Eligibility/Release of Liability/Publicity Release is required, the Affidavit of Eligibility/Release of Liability/Publicity Release must be signed by his/her parent or legal guardian and such prize will be delivered to minor’s parent/legal guardian and awarded in the name of parent/legal guardian. If any winner cannot be contacted within five (5) calendar days of first notification attempt, or if any prize or prize notification is returned as undeliverable, or if any winner fails or refuses to sign and return the Affidavit of Eligibility/Release of Liability/Publicity Release or rejects his/her prize or in the event of noncompliance with these Official Rules and requirements, such prize will be forfeited and an alternate winner will be selected from all remaining eligible entries. The Affidavit of Eligibility/Release of Liability/Publicity Release is subject to verification by Sponsor. Upon prize forfeiture, no compensation will be given. Limit one (1) prize per person per Blogtastic Monthly Contest. Participants are only eligible to win once during any given six (6) month period.
If a potential winner is contacted, he/she will have a stated period of time within which to respond to the notification, or he/she will be disqualified and his/her prize forfeited, and an alternate potential winner may be selected. If a potential winner changes his/her e-mail address or other contact information after he/she registers, it is his/her sole responsibility to update his/her registration information by notifying the Sponsor. Failure to update such registration information may affect a potential winner’s ability to receive a prize.
8. Conditions. All federal, state and local taxes, as well as any expenses not specified in these Official Rules as being provided as part of the prize, are the sole responsibility of the winner(s). Participation in a Blogtastic Monthly Contest and acceptance of prize constitutes each winner’s (and their parent/legal guardian's) permission for Sponsor to use his/her name, address (city and state/province), Web Site postings, likeness, photograph, picture, portrait, voice, biographical information and/or any statements made by each winner regarding a Blogtastic Monthly Contest or Sponsor for advertising and promotional purposes without notice, approval or additional compensation, except where prohibited by law. By participating, participants, and winners (and their parent/legal guardians) agree to release, hold harmless and indemnify Sponsor, its advertising and promotion agencies and their respective parent companies, divisions, subsidiaries, affiliates, partners, representatives, agents, successors, assigns, employees, officers and directors, from any and all liability, for loss, harm, damage, injury, cost or expense whatsoever, including, without limitation, property damage, personal injury and/or death which may occur in connection with, preparation for or participation in a Blogtastic Monthly Contest, , Sponsor's or its assigns, licensees or agents use of any Web Site posting, or possession, acceptance and/or use or misuse of prize or participation in any Blogtastic Monthly Contest-related activity and for any claims based on publicity rights, defamation or invasion of privacy and merchandise delivery. Sponsor is not responsible if a Blogtastic Monthly Contest cannot take place or if any prize cannot be awarded due to delays or interruptions due to acts of God, acts of war, natural disasters, weather or acts of terrorism. Participants who do not comply with these Official Rules, or attempt to interfere with this Blogtastic Monthly Contest in any way shall be disqualified. There is no purchase or sales presentation required to participate. A purchase does not increase odds of winning.
WINNERS (AND THEIR PARENTS/LEGAL GUARDIANS) AGREE THAT THEIR PRIZE IS PROVIDED AS-IS WITHOUT ANY WARRANTY, REPRESENTATION OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT OR IN LAW, WHETHER NOW KNOWN OR HEREINAFTER ENACTED, RELATIVE TO THE USE OR ENJOYMENT OF THE PRIZE, INCLUDING, WITHOUT LIMITATION, ITS QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. FURTHER, NO RESPONSIBILITIES ARE ACCEPTED FOR ANY ADDITIONAL EXPENSES, OMISSIONS, DELAYS, OR RE-ROUTING RESULTING FROM ANY ACTS OF ANY GOVERNMENT OR AUTHORITY.
EACH PARTICIPANT UNDERSTANDS AND AGREES THAT ALL RIGHTS UNDER SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY OF THE UNITED STATES ARE HEREBY EXPRESSLY WAIVED BY HIM/HER. SECTION 1542 READS AS FOLLOWS:
“CERTAIN CLAIMS NOT AFFECTED BY A GENERAL RELEASE. A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
9. LICENSE: By entering, except where prohibited by law, each participant (and their parent/legal guardian) grants to Sponsor and its agents, licensees and assigns ("Licensed Entities") in perpetuity the unrestricted, irrevocable, perpetual, royalty-free, sublicensable, exclusive, absolute right and permission to use, post, distribute, disclose, sell, re-sell, edit, display, perform, transmit, broadcast, modify, reformat, archive, store, cache, rearrange, add to, delete from, copy, reproduce, translate, separate, adapt, publish, combine with other material, reuse, adapt, and exploit the content of and elements embodied in his/her posts, comments and other activities on the Web Site, in any and all media, including, without limitation, digital and electronic media, computer, audio and audiovisual media (whether now existing or hereafter devised), in any language, throughout the world, and in any manner, for trade, advertising, promotional, commercial, or any other purposes without further review, notice, approval, consideration, or compensation. Each participant (and their parent/legal guardian) agrees that the Licensed Entities may, but are not required to, attribute an participant's posts, comments and other activities on the Web Site to an participant. Each participant (and their parent/legal guardian) waives and releases the Licensed Entities from any and all claims that participant may now or hereafter have in any jurisdiction based on “moral rights” or “droit moral” or unfair competition with respect to the Licensed Entities’ exploitation of entries without further notification or compensation to participants of any kind, and agrees not to instigate, support, maintain, or authorize any action, claim, or lawsuit against the Licensed Entities and each of their affiliates, licensees, or any other person in connection with a Blogtastic Monthly Contest, on the grounds that any use of any entry, or any derivative works, infringe or violate any of participant’s rights therein.
Each participant (and their parent/legal guardian) understands and acknowledges that Sponsor has wide access to ideas, stories, designs, and other literary materials. Each participant also acknowledges that many ideas or stories may be competitive with, similar to, or identical to his/her posts, comments and other activities on the Web Site and/or each other in theme, idea, plot, format, or other respects. Each participant acknowledges and agrees that such participant will not be entitled to any compensation as a result of Sponsor's use of any such similar or identical material that has or may come to Sponsor from other sources. Each participant acknowledges and agrees that Sponsor does not now and will 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 participant’s copyright in and to his/her posts, comments and other activities on the Web Site. Each participant acknowledges that, with respect to any claim by participant relating to or arising out of Sponsor's actual or alleged exploitation or use of any posts, comments and other activities on the Web Site or other material submitted in connection with a Blogtastic Monthly Contest, the damage, if any, thereby caused to the applicable participant will not be irreparable or otherwise sufficient to entitle such participant to seek injunctive or other equitable relief or in any way enjoin the production, distribution, exhibition, or other exploitation of any part of the Web Site, or any Sponsor-owned or Sponsor-related material based on or allegedly based on the participant's posts, comments and other activities on the Web Site, and participant’s rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law.
10. Additional Terms. In case of dispute as to the identity of any participant, entry will be declared made by the Authorized Account Holder of the email address associated with that participant's Web Site registration provided that the Authorized Account Holder is otherwise eligible to participate in that Blogtastic Monthly Contest . “Authorized Account Holder” is defined as the natural person who is assigned an email address by an Internet access provider, online service provider, or other organization (e.g., business, educational, institution, etc.) responsible for assigning email addresses or the domain associated with the submitted email address. Any potential winner may be requested to provide Sponsor with proof that such winner is the authorized account holder of the email address associated with the winning entry. Any other attempted form of entry is prohibited; no automatic, programmed; robotic or similar means of entry are permitted. Sponsor, its affiliates, partners and promotion and advertising agencies are not responsible for technical, hardware, software, telephone or other communications malfunctions, viruses, errors or failures of any kind, lost e-mail, mail or Blogtastic Monthly Contest-related correspondence, errors, typos or misprints in these Official Rules, in any Blogtastic Monthly Contest-related advertisements or other materials; lost or unavailable network connections, web site, Internet, or ISP availability, unauthorized human intervention, traffic congestion, incomplete or inaccurate capture of entry information (regardless of cause) or failed, incomplete, garbled, jumbled or delayed computer transmissions which may limit one’s ability to enter the Blogtastic Monthly Contest, including any injury or damage to participant’s or any other person’s computer relating to or resulting from participating in a Blogtastic Monthly Contest or downloading any materials in a Blogtastic Monthly Contest. Sponsor is not responsible for electronic communications that are undeliverable as a result of any form of active or passive filtering of any kind, or insufficient space in participant’s e-mail account to receive e-mail messages. Sponsor is not responsible, and may disqualify an participant, if his or her e-mail address does not work or if it is changed without participant giving prior written notice to Sponsor. Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify, extend or suspend a Blogtastic Monthly Contest should (in its sole discretion) virus, bugs, non-authorized human intervention, fraud or other causes beyond its control corrupt or affect the administration, security, fairness or proper conduct of each Blogtastic Monthly Contest. In such case, Sponsor will select the winners from all eligible entries received prior to and/or after (if appropriate) the action taken by Sponsor. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds, in its sole discretion, to be tampering with the entry process or the operation of a Blogtastic Monthly Contest or web site. Sponsor may prohibit an participant from participating in a Blogtastic Monthly Contest or winning a prize if, in its sole discretion, it determines that said participant is attempting to undermine the legitimate operation of a Blogtastic Monthly Contest by cheating, hacking, deception, or other unfair playing practices (including the use of automated quick entry programs) or intending to annoy, abuse, threaten or harass any other participants or Sponsor representatives.
CAUTION: ANY ATTEMPT BY AN PARTICIPANT TO DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF A BLOGTASTIC MONTHLY CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
11. Governing Law. All disputes between a participant and Sponsor in connection with each Blogtastic Monthly Contest shall be governed by, and construed in accordance with, the laws of the State of New York, without giving effect to any principles of conflicts of law. Any legal actions, suits or proceedings arising out of a Blogtastic Monthly Contest (whether for breach of contract, tortious conduct or otherwise) will be brought exclusively in the state or federal courts located in New York City, New York, and each participant accepts and submits to the personal jurisdiction of these New York City courts with respect to any legal actions, suits or proceedings arising out of or related to a Blogtastic Monthly Contest. If any provision of these Official Rules shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Official Rules and shall not affect the validity and enforceability of any remaining provisions. Sponsor's failure to insist upon or enforce strict performance of any provision of these Official Rules shall not be construed as a waiver of any provision or right. No waiver of any term or condition of these Official Rules shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
BY PARTICIPATING IN A BLOGTASTIC MONTHLY CONTEST, EACH PARTICIPANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH A BLOGTASTIC MONTHLY CONTEST, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED, (IF ANY), NOT TO EXCEED TWENTY FIVE DOLLARS ($25.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL ANY PARTICIPANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND PARTICIPANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT-OF-POCKET EXPENSES NOT TO EXCEED TWENTY FIVE DOLLARS ($25.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) PARTICIPANTS’ REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND PARTICIPANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO ALL PARTICIPANTS.
12. List of Winners/Winner’s Name. To obtain a list of winners/the name of the winner, send a self-addressed, stamped envelope no later than three (3) months following the end of the applicable Blogtastic Monthly Contest Period to: 1230 Avenue of the Americas, New York, NY 10020 (Attn: Pulse It Blogtastic Monthly Contest Winners). Please specify the applicable Contest Period for which you are inquiring.
13. Sponsor. Simon & Schuster, Inc., 1230 Avenue of the Americas, New York, NY 10020.
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT IMPROVE YOUR CHANCES OF WINNING.
VIP Best Review Monthly Contest may only be entered in or from the 50 United States and the District of Columbia and Canada (excluding Quebec) and entries originating from any other jurisdiction are not eligible for entry. You are not authorized to participate in a VIP Best Review Monthly Contest if you are not located within the 50 United States or the District of Columbia or Canada (excluding Quebec).
1. How to Enter. To enter a "Pulse It VIP Best Review" Monthly Contest (each, a "VIP Best Review Monthly Contest"), you must first register as a member on HYPERLINK "http://www.simonandschuster.com/pulseit"www.simonandschuster.com/pulseit (the "Web Site") (which is free). Once you are a registered member of the Web Site, to write a review you must be logged in to the Web Site and go to the Books section of the Web Site and click on any of the featured books and then you write your review in the box that says Review This. Your review must be a minimum of 50 words (and a maximum of 300 words) to be considered for a prize and must be in accordance with these official rules, including the Review Requirements detailed below.
If an entrant writes multiple reviews for a given book, each review must be distinct. No automated entry devices and/or programs permitted and entries submitted by such methods will result in disqualification. Receipt of entries will not be acknowledged or returned. Delivery of prizes requires a street address (no P.O. Boxes) so make sure the address you submitted as part of your initial registration to the Web Site was not a P.O. Box. Sponsor (defined in Section 3 below) is not responsible for lost, late, illegible, stolen, incomplete, invalid, unintelligible, misdirected, technically corrupted or garbled entries, which will be disqualified, or for problems of any kind whether mechanical, human or electronic. Sponsor may run multiple campaigns, contests, sweepstakes or other promotions simultaneously. Entry into one campaign, contest or sweepstakes does not constitute entry into any other. Entries from one VIP Best Review Monthly Contest do not roll over into the next VIP Best Review Monthly Contest.
2. Start/End Dates. Each VIP Best Review Monthly Contest begins at 12:00:01 a.m. Eastern Time ("ET") on the first day of the month and ends at 11:59:59 p.m. ET on the last day of the month (each month, a "Contest Period"); ("ET") on August 1, 2009 and ends at 11:59:59 p.m. ET on August 31, 2009. Sponsor makes no guarantee that there will be a VIP Best Review Monthly Contest every month. The Web Site's database clock will be the official timekeeper for each VIP Best Review Monthly Contest.
3. Eligibility. Participation in a VIP Best Review Monthly Contest is open only to legal residents of any one (1) of the fifty (50) United States or the District of Columbia and Canada (excluding Quebec) who are between the ages of fourteen (14) and eighteen(18) as of date of entry. Void outside of the fifty (50) United States, the District of Columbia and Canada (excluding Quebec). and where prohibited by law. Employees, officers & directors of Simon & Schuster, Inc. (“Sponsor”) and its parent companies, subsidiaries, affiliates, partners, dealers, advertising and promotion agencies, manufacturers or distributors of Contest materials, prize providers, and their immediate families (parents, children, siblings, spouse, mother, father, in-laws, grandmother, grandfather, grandchildren) or members of the same household (whether related or not) of such employees/officers/directors are not eligible to enter. Each VIP Best Review Monthly Contest may only be entered in or from the fifty (50) United States, the District of Columbia or Canada (excluding Quebec) and entries originating from any other jurisdiction are not eligible for entry. You are not authorized to participate in a VIP Best Review Monthly Contest if you are not located within the fifty (50) United States, the District of Columbia or Canada (excluding Quebec). All applicable federal, state, provincial and local laws and regulations apply.
4. Review Requirements. Your review must meet the following requirements:
Additionally, by participating in the Contest, each entrant (and their parent/legal guardian) agrees to be bound by these Official Rules (the “Rules”) and by the interpretation of these Rules by the Sponsor, and further warrants and represents that the review:
The Sponsor reserves the right to disqualify from the Contest any review that it deems, in its sole discretion, to violate these Rules.
5.Winner Selection. On or about the fifth [5th] day of the month following a Contest Period, judges in New York appointed by the Sponsor will judge all Reviews posted on the basis of creativity (34%), constructive critique (33%) and execution (33%). The Review with the highest score will be the winner. Odds of your entry being selected by the judging panel depends on the number and caliber of entries received during the Contest Period. In the event of a tie, the Review with the highest score on creativity will be selected as the winner. If there is still a tie after implementing the creativity tie breaker, the highest score in the constructive critique category will be selected as the winner. If there is still a tie after implementing the constructive critique tie breaker, the highest score in the execution category will be selected as the winner. If there is still a tie, the tied entries will be re-judged by an additional Sponsor-selected judge to determine the entry with the higher score based upon the three original judging criteria. All judges’ decisions are final. Judging will be completed and the selected entrant will be contacted via mail or e-mail (in Sponsor's sole discretion) on or about the fifteenth (15th) day of the month following each Contest Period.
6. Prizes. There will be one (1) prize awarded per Contest Period, consisting of a set of three (3) books (hardcover or paperbacks as opposed to eBooks) selected by Sponsor in its sole discretion. Total approximate retail value of prize is: $35.00 US, $45 CDN (the “Prize”). Prize must be accepted as awarded and is not transferable. No substitutions or cash redemptions except at Sponsor’s option. Sponsor reserves the right to substitute the Prize with one of equal or greater value, including, without limitation, in the event of Prize unavailability. All Prize details not specifically stated in these Rules will be determined in Sponsor's sole discretion.
7. Notification. Each potential winner of a VIP Best Review Monthly Contest will be notified by e-mail and/or mail and may be required (in Sponsor's sole discretion) to sign and return, where legal, an Affidavit of Eligibility/Release of Liability/Publicity Release (if required by Sponsor, Canadian residents would be required to sign a Declaration of Eligibility/Release of Liability/Publicity Release) within five (5) days of prize notification before being eligible to receive his or her prize. Notification is deemed to have occurred immediately upon sending of an e-mail or two (2) days after mailing. Alternatively, Sponsor may (without prior notice) send prizes to selected winners to the winners’ stated address that they provided at their time of Web Site registration. If any winner is considered a minor in his/her jurisdiction of residence and an Affidavit of Eligibility/Release of Liability/Publicity Release is required, the Affidavit of Eligibility/Release of Liability/Publicity Release must be signed by his/her parent or legal guardian and such prize will be delivered to minor’s parent/legal guardian and awarded in the name of parent/legal guardian. If any winner cannot be contacted within five (5) calendar days of first notification attempt, or if any prize or prize notification is returned as undeliverable, or if any winner fails or refuses to sign and return the Affidavit of Eligibility/Release of Liability/Publicity Release or rejects his/her prize or in the event of noncompliance with these Official Rules and requirements, such prize will be forfeited and an alternate winner will be selected from all remaining eligible entries. The Affidavit of Eligibility/Release of Liability/Publicity Release is subject to verification by Sponsor. Upon prize forfeiture, no compensation will be given. Limit one (1) prize per person per VIP Best Review Monthly Contest. Entrants are only eligible to win once during any given six (6) month period.
If a potential winner is contacted, he/she will have a stated period of time within which to respond to the notification, or he/she will be disqualified and his/her prize forfeited, and an alternate potential winner may be selected. If a potential winner changes his/her e-mail address or other contact information after he/she registers, it is his/her sole responsibility to update his/her registration information by notifying the Sponsor. Failure to update such registration information may affect a potential winner’s ability to receive a prize.
8. Conditions. All federal, state and local taxes, as well as any expenses not specified in these Official Rules as being provided as part of the prize, are the sole responsibility of the winner(s). Participation in a VIP Best Review Monthly Contest and acceptance of prize constitutes each winner’s (and their parent/ legal guardian’s) permission for Sponsor to use his/her name, address (city and state/province), likeness, photograph, picture, portrait, voice, biographical information and/or any statements made by each winner regarding a VIP Best Review Monthly Contest or Sponsor for advertising and promotional purposes without notice, approval or additional compensation, except where prohibited by law. By participating, entrants and winners (and their parent/legal guardians) agree to release, hold harmless and indemnify Sponsor, its advertising and promotion agencies and their respective parent companies, divisions, subsidiaries, affiliates, partners, representatives, agents, successors, assigns, employees, officers and directors, from any and all liability, for loss, harm, damage, injury, cost or expense whatsoever, including, without limitation, property damage, personal injury and/or death which may occur in connection with, preparation for or participation in a VIP Best Review Monthly Contest, a Licensed Entity (as defined below) posting, use or exploitation of a review, or possession, acceptance and/or use or misuse of prize or participation in any VIP Best Review Monthly Contest-related activity and for any claims based on publicity rights, defamation or invasion of privacy and merchandise delivery. Sponsor is not responsible if a VIP Best Review Monthly Contest cannot take place or if any prize cannot be awarded due to delays or interruptions due to acts of God, acts of war, natural disasters, weather or acts of terrorism. Entrants who do not comply with these Official Rules, or attempt to interfere with this VIP Best Review Monthly Contest in any way shall be disqualified. There is no purchase or sales presentation required to participate. A purchase does not increase odds of winning.
WINNERS (AND THEIR PARENTS/LEGAL GUARDIANS) AGREE THAT THEIR PRIZE IS PROVIDED AS-IS WITHOUT ANY WARRANTY, REPRESENTATION OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT OR IN LAW, WHETHER NOW KNOWN OR HEREINAFTER ENACTED, RELATIVE TO THE USE OR ENJOYMENT OF THE PRIZE, INCLUDING, WITHOUT LIMITATION, ITS QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. FURTHER, NO RESPONSIBILITIES ARE ACCEPTED FOR ANY ADDITIONAL EXPENSES, OMISSIONS, DELAYS, OR RE-ROUTING RESULTING FROM ANY ACTS OF ANY GOVERNMENT OR AUTHORITY.
EACH ENTRANT UNDERSTANDS AND AGREES THAT ALL RIGHTS UNDER SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY OF THE UNITED STATES ARE HEREBY EXPRESSLY WAIVED BY HIM/HER. SECTION 1542 READS AS FOLLOWS:
“CERTAIN CLAIMS NOT AFFECTED BY A GENERAL RELEASE. A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
9. LICENSE: By entering, except where prohibited by law, each entrant (and their parent/legal guardian) grants to Sponsor and its agents, licensees and assigns ("Licensed Entities") in perpetuity the unrestricted, irrevocable, perpetual, royalty-free, sublicensable, exclusive, absolute right and permission to use, post, distribute, disclose, sell, re-sell, edit, display, perform, transmit, broadcast, modify, reformat, archive, store, cache, rearrange, add to, delete from, copy, reproduce, translate, separate, adapt, publish, combine with other material, reuse, adapt, and exploit the content of and elements embodied in his/her review and entry, in any and all media, including, without limitation, digital and electronic media, computer, audio and audiovisual media (whether now existing or hereafter devised), in any language, throughout the world, and in any manner, for trade, advertising, promotional, commercial, or any other purposes without further review, notice, approval, consideration, or compensation. Each entrant (and their parent/legal guardian) agrees that the Licensed Entities may, but are not required to, attribute a review to an entrant. Each entrant (and their parent/legal guardian) waives and releases the Licensed Entities from any and all claims that entrant may now or hereafter have in any jurisdiction based on “moral rights” or “droit moral” or unfair competition with respect to the Licensed Entities’ exploitation of entries without further notification or compensation to entrants of any kind, and agrees not to instigate, support, maintain, or authorize any action, claim, or lawsuit against the Licensed Entities and each of their affiliates, licensees, or any other person in connection with a VIP Best Review Monthly Contest, on the grounds that any use of any entry, or any derivative works, infringe or violate any of entrant’s rights therein.
Each entrant (and their parent/legal guardian) understands and acknowledges that Sponsor has wide access to ideas, stories, designs, and other literary materials. Each entrant also acknowledges that many ideas or stories may be competitive with, similar to, or identical to his/her review and/or each other in theme, idea, plot, format, or other respects. Each entrant acknowledges and agrees that such entrant will not be entitled to any compensation as a result of Sponsor's use of any such similar or identical material that has or may come to Sponsor from other sources. Each entrant acknowledges and agrees that Sponsor does not now and will 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 entrant’s copyright in and to his/her review. Each entrant acknowledges that, with respect to any claim by entrant relating to or arising out of Sponsor's actual or alleged exploitation or use of any review or other material submitted in connection with a VIP Best Review Monthly Contest, the damage, if any, thereby caused to the applicable entrant will not be irreparable or otherwise sufficient to entitle such entrant to seek injunctive or other equitable relief or in any way enjoin the production, distribution, exhibition, or other exploitation of any part of the Web Site, or any Sponsor-owned or Sponsor-related material based on or allegedly based on the review, and entrant’s rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law.
10. Additional Terms. In case of dispute as to the identity of any entrant, entry will be declared made by the Authorized Account Holder of the email address associated with that entrant's Web Site registration provided that the Authorized Account Holder is otherwise eligible to participate in that VIP Best Review Monthly Contest . “Authorized Account Holder” is defined as the natural person who is assigned an email address by an Internet access provider, online service provider, or other organization (e.g., business, educational, institution, etc.) responsible for assigning email addresses or the domain associated with the submitted email address. Any potential winner may be requested to provide Sponsor with proof that such winner is the authorized account holder of the email address associated with the winning entry. Any other attempted form of entry is prohibited; no automatic, programmed; robotic or similar means of entry are permitted. Sponsor, its affiliates, partners and promotion and advertising agencies are not responsible for technical, hardware, software, telephone or other communications malfunctions, viruses, errors or failures of any kind, lost e-mail, mail or VIP Best Review Monthly Contest-related correspondence, errors, typos or misprints in these Official Rules, in any VIP Best Review Monthly Contest-related advertisements or other materials; lost or unavailable network connections, web site, Internet, or ISP availability, unauthorized human intervention, traffic congestion, incomplete or inaccurate capture of entry information (regardless of cause) or failed, incomplete, garbled, jumbled or delayed computer transmissions which may limit one’s ability to enter the VIP Best Review Monthly Contest, including any injury or damage to entrant’s or any other person’s computer relating to or resulting from participating in a VIP Best Review Monthly Contest or downloading any materials in a VIP Best Review Monthly Contest. Sponsor is not responsible for electronic communications that are undeliverable as a result of any form of active or passive filtering of any kind, or insufficient space in entrant’s e-mail account to receive e-mail messages. Sponsor is not responsible, and may disqualify an entrant, if his or her e-mail address does not work or if it is changed without entrant giving prior written notice to Sponsor. Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify, extend or suspend a VIP Best Review Monthly Contest should (in its sole discretion) virus, bugs, non-authorized human intervention, fraud or other causes beyond its control corrupt or affect the administration, security, fairness or proper conduct of that VIP Best Review Monthly Contest. In such case, Sponsor will select the winners from all eligible entries received prior to and/or after (if appropriate) the action taken by Sponsor. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds, in its sole discretion, to be tampering with the entry process or the operation of a VIP Best Review Monthly Contest or its web site. Sponsor may prohibit an entrant from participating in a VIP Best Review Monthly Contest or winning a prize if, in its sole discretion, it determines that said entrant is attempting to undermine the legitimate operation of a VIP Best Review Monthly Contest by cheating, hacking, deception, or other unfair playing practices (including the use of automated quick entry programs) or intending to annoy, abuse, threaten or harass any other entrants or Sponsor representatives.
CAUTION: ANY ATTEMPT BY AN ENTRANT TO DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF A VIP BEST REVIEW MONTHLY CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
11. Governing Law. All disputes between a entrant and Sponsor in connection with each VIP Best Review Monthly Contest shall be governed by, and construed in accordance with, the laws of the State of New York, without giving effect to any principles of conflicts of law. Any legal actions, suits or proceedings arising out of a VIP Best Review Monthly Contest (whether for breach of contract, tortious conduct or otherwise) will be brought exclusively in the state or federal courts located in New York City, New York, and each entrant accepts and submits to the personal jurisdiction of these New York City courts with respect to any legal actions, suits or proceedings arising out of or related to a VIP Best Review Monthly Contest. If any provision of these Official Rules shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Official Rules and shall not affect the validity and enforceability of any remaining provisions. Sponsor's failure to insist upon or enforce strict performance of any provision of these Official Rules shall not be construed as a waiver of any provision or right. No waiver of any term or condition of these Official Rules shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
BY PARTICIPATING IN A VIP BEST REVIEW MONTHLY CONTEST, EACH ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH A VIP BEST REVIEW MONTHLY CONTEST, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED, (IF ANY), NOT TO EXCEED TWENTY FIVE DOLLARS ($25.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT-OF-POCKET EXPENSES NOT TO EXCEED TWENTY FIVE DOLLARS ($25.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) ENTRANTS’ REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO ALL ENTRANTS.
12. List of Winners/Winner’s Name. To obtain a list of winners/the name of the winner, send a self-addressed, stamped envelope no later than three (3) months following the end of the Contest Period to: 1230 Avenue of the Americas, New York, NY 10020 (Attn: Pulse It VIP Best Review Monthly Contest Winners). Please specify the applicable Contest Period for which you are inquiring.
13. Sponsor. Simon & Schuster, Inc., 1230 Avenue of the Americas, New York, NY 10020.