2016 BATTERIES.COM PUMPKIN CONTEST (THE "CONTEST")
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW. ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION AND ENTRANTS WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION FORMAT.
The object of the Contest is to create and submit an original photo that depicts your pumpkin (the Entry). You must submit your Entry to firstname.lastname@example.org in accordance with these Official Rules to be eligible. Staff members of Batteries.com (the "Judges") will select the five (6) most compelling Entries in accordance with these Official Rules and based upon criteria set forth in the Judging section below to determine the Winners (defined below).
ENTRY PERIOD: The Contest entry period begins at 10:00 a.m. Eastern Time (ET) on October 18, 2016, and ends at 9:59 a.m. ET on November 4, 2016 (the "Entry Period").
JUDGING: The Judges will judge all eligible Entries to determine the six (6) most compelling Entries based on the following criteria: Creativity/Originality (75%), and Quality of photo (25%) On or about November 7, 2016, the six (6) most compelling Entries, as determined by the Judges, will be deemed the winning Entries (each, a "Winning Entry" and collectively, the Winning Entries), with the highest scoring Winning Entry overall winning the Grand Prize ($100 Gift Credit), next two highest scoring Winning Entries winning the Second Place Prize ($50 Gift Credit), and the remaining three Winning Entries winning the Third Place Prize ($25 Gift Credit). Subject to verification of eligibility and compliance with the terms of these Official Rules, the eligible participants that submitted the Winning Entries, as determined by the Judges, will be declared the official winners of the Contest (each, a Winner and collectively, the Winners). In the event of a tie for any potential Winning Entry, the score for Creativity/Originality will be used as a tiebreaker.
PRIZES: Six (6) Prizes To Be Awarded. The highest scoring Winning Entry overall winning the Grand Prize ($100 Gift Credit), next two highest scoring Winning Entries winning the Second Place Prize ($50 Gift Credit), and the remaining three Winning Entries winning the Third Place Prize ($25 Gift Credit), to be determined by Sponsor at its sole discretion (each, a Prize and collectively, the Prizes).
PRIZE NOTIFICATION RESPONSE TIME: Forty-eight (48) hours from the time of issuance of Prize Notification (defined below) (the Required Response Time).
WINNERS LIST: For a list of the Winners names, mail a request and a self-addressed, stamped envelope to be received by December 31, 2016, to: Batteries.com Pumpkin Contest Winners List c/o
Batteries Online, Inc.
6621 Bay Circle
Norcross, GA 30071
SPONSOR: Batteries Online, Inc., 6621 Bay Circle, Suite 120
,Norcross, GA 30071 (the Sponsor or Batteries.com).
HOW TO ENTER: To enter, you must send a valid photograph of the pumpkin, along with your name to email@example.com.
ELIGIBILITY: The Contest is open only to legal residents of the United States including its commonwealths, territories and possessions (collectively referred to herein as states), and Canada (excluding the Province of Quebec) who are eighteen (18) years of age or older (except in the case of legal residents of certain states/territories/provinces where the legal age of majority is greater than eighteen (18) years of age, such legal age of majority) with a valid Instagram account or Twitter account, as applicable, and a valid email address at the time of entry. Employees, officers and directors (including immediate family members (spouse, parent, child, sibling and their respective spouses, regardless of where they reside) and members of the same household, whether or not related) of Sponsor, the other Batteries.com Entities (as defined below) and each of their respective parents, affiliated companies, subsidiaries, licensees, distributors, dealers, retailers, printers, advertising and promotion agencies, and any and all other companies associated with the Contest are not eligible to participate or win a Prize. The Contest is subject to all applicable federal, state, territory, provincial and local laws, rules and regulations. Void in the Province of Quebec and where prohibited or restricted by law, rule or regulation.
PRIZE CONDITIONS: All Prize details shall be determined in the sole and absolute discretion of Sponsor. The Prizes are non-transferable and non-assignable, with no cash redemptions except at Sponsor's sole and absolute discretion. Sponsor reserves the right to substitute the Prize (or any portion thereof) with a prize of comparable or greater value at its sole and absolute discretion. Each Winner is fully responsible for any and all applicable federal, state, territory, provincial and local taxes (including income and withholding taxes). All costs and expenses associated with the Prize acceptance and use not specified herein as being provided including, but not limited to, lodging, transportation costs, meals, gratuities and other expenses incurred by accepting the Prize are the sole responsibility of each individual Winner. Limit one (1) Prize per person, family or household.
CONTEST ADMINISTRATION: Sponsor will be responsible for resolving any disputes and rules violations that arise in connection with the Contest. Sponsor's computer will be the official clock of the Contest. All decisions by Sponsor regarding the Contest shall be final and binding in all respects.
CONTENT RESTRICTIONS: Participants must not include any of the following content (the "Content Restrictions") in any Entry: (a) pornography, adult-oriented content or any other sexually-explicit material; (b) materials relating to lotteries or gambling; (c) explicit language or content, images of violence, or promotion of illegal activities; (d) content in violation of intellectual property rights or laws; (e) libelous, defamatory, disparaging, tortious or slanderous materials; (f) content that denigrates, disparages or reflects negatively on the Batteries.com Entities, their owners and employees, (g) tobacco, alcohol or drugs; (h) dangerous stunts; (i) real weapons of any kind including, but not limited to, guns, knives or projectiles; (j) material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, age or any other basis protected by federal, state, territory, provincial or local law, ordinance, or regulation; (k) individuals under legal age of majority without providing a signed release from parent or legal guardian; (l) audio and/or visual content owned by any third party (e.g., recorded music; pre-produced video, etc.); and (m) material that is unlawful, or otherwise in violation of or contrary to the laws or regulations in any state/territory/province where the Entry is created. Any Entry that does not comply with the foregoing, in the sole discretion of Sponsor, will be disqualified and eliminated from consideration.
NOTIFICATION: Each potential winner will be notified via Instagram or Twitter, as applicable, and/or email by Sponsor and/or Batteries.comAM (the "Prize Notification") and will be required to privately (through email, or other secure, private means) provide his/her name, address, age and other personal information necessary to receive the Prize. In the event that any potential winner does not respond to such Prize Notification within the Required Response Time or fails to provide Sponsor all information necessary to receive the Prize or declines the Prize for any reason, a disqualification will result, the Prize will be forfeited and, at Sponsor's sole discretion and time permitting, an alternate potential winner may be chosen from among all remaining eligible Entries. In addition, each potential winner may be required to submit his/her valid social security number and/or other identification to Sponsor and may be required to execute, have notarized and return an Affidavit of Eligibility and Release of Liability, and, unless prohibited by law, Publicity, within the Required Response Time. A disqualification and Prize forfeiture will result and, at Sponsor's sole discretion and time permitting, an alternate potential winner will be selected from among all remaining eligible Entries if all required documents are not properly executed and returned within the specified period of time. Refusal or return of such documents as non-deliverable or any potential winner's noncompliance with these Official Rules may result in disqualification, Prize forfeiture and, at Sponsor's sole discretion and time permitting, may cause an alternate potential winner to be chosen from among all remaining eligible Entries.
All applicable federal, state, territory, provincial and local laws and regulations apply. Sponsor's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
The Batteries.com Entities, Instagram, Facebook, Apple, Inc. and each of their respective parent companies, trustees, subsidiaries, franchisees, assignees, affiliates, licensees, agents, independent contractors, telecasters, sponsors, licensees and advertising and promotional agencies, and each of their respective general and limited partners, members, shareholders, officers, directors, agents, employees, representatives and contractors (collectively, the "Released Parties") shall not be responsible for lost, late, stolen, garbled, delayed, undelivered, or misdirected entries, for incorrect, inaccurate or incomplete entry information whether caused by a participant, equipment, or technical malfunction or for any human error, technical error or malfunctions.
Released Parties are not responsible for any technical, computer, network, typographical, printing, human or other errors relating to or in connection with this Contest, including, without limitation, errors or problems which may occur in connection with the offer or administration of this Contest, the processing of entries, the tabulation of scores, the cancellation of games or any errors appearing in any Contest related-materials including, but not limited, to errors in advertising, the Official Rules, the selection and announcement of the Winners or the distribution of the Prizes. Sponsor reserves the right to modify these Official Rules for clarification purposes without materially affecting the terms and conditions of the Contest.
Released Parties make no warranties, express or implied, relative to the use or enjoyment of the Prize (or any portion thereof) including, without limitation, its quality, merchantability or fitness for a particular purpose. By entering the Contest, each participant agrees to indemnify, hold harmless and fully release the Released Parties from any and all claims, demands, losses, promises, causes of action and/or liabilities for any injuries, losses, death, or damages of any kind caused, directly or indirectly, in whole or in part, by participation in, or preparation for, the Contest, Contest-related activity, participants Entry, or resulting from the acceptance, possession, quality, use or misuse of the Prize (or any portion thereof) including any travel or activity related thereto.
If the Contest is not capable of running as planned for any reason including, without limitation, as a result of infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, cancellation of games, or any other causes which corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Contest, Sponsor reserves the right, at its sole and absolute discretion, to cancel, terminate, modify or suspend the Contest, to disqualify any individual who tampers with the entry process, and, if terminated, to determine the Winners, if any, from among all eligible, non-suspect Entries submitted up to the point of termination.
Released Parties assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries. The Released Parties are not responsible for any problems or technical malfunction of any telephone network, cable, satellite, wireless, Internet Service Provider (ISP) or lines, computer systems, servers, or providers, computer equipment, software, malfunctions of wireless devices, wireless service problems, cellular tower equipment, failure of any email or entry to be received on account of technical problems or traffic congestion on the Internet or at any website or wireless service congestion, or any combination thereof, including any injury or damage to participant's or any other person's computer related to or resulting from participation or downloading any materials in this Contest.
CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE ASSOCIATED WITH THIS CONTEST OR UNDERMINE THE CONTENT OR LEGITIMATE OPERATION OF THIS CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR WILL DISQUALIFY ANY PARTICIPANT RESPONSIBLE FOR THE ATTEMPT, AND SPONSOR, BATTERIES.COM AND/OR THEIR RESPECTIVE AGENTS RESERVE THE RIGHT TO SEEK DAMAGES (INCLUDING ATTORNEYS' FEES) AND OTHER REMEDIES FROM ANY PERSON OR PERSONS RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.
In the event that the Contest is challenged by any legal or regulatory authority, Sponsor reserves the right to discontinue or modify the Contest, or to disqualify participants residing in the affected geographic areas. In such event, the Released Parties shall have no liability to any participant who is disqualified due to such an action.
As a condition of entering this Contest, each entrant agrees that (a) any and all disputes, claims, controversies or causes of action arising out of or relating to this Contest, or any prizes awarded (each, a "Claim"), shall be (i) arbitrated on an individual basis only, and shall not be consolidated or joined with or in any arbitration or other proceeding involving a Claim of any other party, and (ii) settled by binding arbitration in New York County, New York before a single arbitrator appointed by the American Arbitration Association in accordance with its then governing rules and procedures, and judgment on the award rendered by the arbitrator may be entered by any court having jurisdiction thereof; and (b) under no circumstance will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, punitive, incidental, consequential or any other damages, other than for actual out-of-pocket expenses. These Official Rules shall be governed by and construed and interpreted in accordance with the laws of the State of New York, U.S.A, applicable to contracts entered into and performed exclusively in that State.
All entry data provided online is provided to Batteries.com and not to Facebook, Twitter or Instagram. This Contest is in no way sponsored, endorsed or administered by, or associated with, Twitter, Instagram or Facebook.
The Contest is a skill contest designed to increase consumer awareness of and interest in Batteries.com. This Contest may not be used for, or in connection with, any form of gambling.