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ESURANCE SPRING SNAPSHOT CONTEST OFFICIAL RULES |
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1.
Eligibility: The Esurance Spring Snapshot Contest ("Contest") is sponsored by Esurance Insurance Services, Inc.,
650 Davis St., San Francisco, California 94111-1922 ("Sponsor"),
and is open only to legal residents of the 48 contiguous United States and the
District of Columbia who are 18 years of age and older at the time of entry.
Employees of Esurance Insurance Services, Inc., and its parent and affiliate companies, and each of
their respective officers, directors, agents, representatives and immediate
families (spouses, parents, children, siblings, (including "step" as they may
apply) and each of their respective spouses, regardless of where they live) or
members of their households whether legally related or not, are not eligible to
enter or be awarded a prize. This
Contest is subject to all applicable federal, state and local laws and
regulations and is void where prohibited or restricted by law. 2.
Agreement to Official Rules: By participating in the Contest, you fully
and unconditionally agree to accept these Official Rules and the decisions of
Sponsor, which are final and binding in all matters related to the
Contest. Whether a potential winner
receives any applicable prize is contingent upon fulfilling all requirements
set forth herein. 3.
The Contest Period begins as of 12:01 AM, Pacific Time
(PT), April 3, 2008 ("Contest-Start"), and ends as of 11:59 PM, PT,
May 15, 2008 ("Contest-End"). Sponsor's clock determines time. 4.
How to Enter: You may enter the Contest only by sending one
(1) photograph, along with a brief narrative (approximately 50 words or less)
about what makes the place in the photograph special to you, and your name,
e-mail address, postal address, and daytime phone number (collectively, an
"Entry") to Sponsor either (a) via e-mail at news@esurance.com; or (b) via U.S. mail at "ATTN: Esurance
Spring Snapshot Contest, Esurance, 650 Davis St., San Francisco, CA
94111". If sending an Entry via e-mail,
the submitted photograph must be a digital photograph which is in JPEG format
and no greater than 1 MB in size. If
sending an Entry via U.S. mail, the submitted photograph must be no smaller
than 4" x 6" and no greater than 5" x 7" in size. Sponsor may, in it's sole and absolute discretion, deem
ineligible any Entry which Sponsor considers inappropriate or not suitable for
publication including, without limitation, Entries which violate or infringe a
third party's rights; include trademarks, brand names, obscenity, profanity, or
defamatory statements; include artwork or photographs not created by the
entrant; are hateful, tortuous, defamatory, slanderous, or libelous. All Entries must be received
by Sponsor during the Contest Period, and all submitted materials including,
without limitation, the Entries, become property of Sponsor and shall not be
returned. Sponsor is not responsible for
lost, late, incomplete, invalid, unintelligible or misdirected Entries, which
will be disqualified. Maximum of one (1) photograph per Entry,
and one (1) entry per person or email address during the Contest Period
regardless of method of entry. 5.
Judging: Entries shall be
judged by a panel of Sponsor employees to determine one (1) Grand Prize winner
(the "Grand Prize winner"), and up to six (6) honorable mentions (the
"Honorable Mentions" and, together with the Grand Prize winner, the "Winners") based
on creativity, relevance to the theme, and the impact of the Entry's visual and
verbal expression of the idea. The
judges' decisions will be final and binding.
Potential Winners will be selected on or about May 31, 2008. 6.
Winner Notification: The potential Winners will be notified within
five (5) business days after being selected, via e-mail or U.S. postal mail (at
Sponsor's sole discretion) at the address provided by the winner in his/her
Entry. If so notified, you must respond
to such notification within two (2) business days of the time the e-mail is
sent in the case of an e-mail notification, or within seven (7) calendar days
of the date such notification is sent if the notification is sent via U.S.
postal mail. It is your responsibility
to keep your e-mail and postal address current.
Except where prohibited, if you are a potential Winner, Sponsor may also require
you to execute and return any required Affidavit of Eligibility, Liability and,
where lawful, Publicity Release (the "Affidavit") within three (3) business
days following the Affidavit notification date.
Your failure to respond to a notification and/or to sign and return the
Affidavit within the time periods set forth herein will result in your
disqualification and determination of an alternate Winner according to the
judging criteria set forth above. 7.
Prize: Grand
Prize: $5,000.00 donation
to an environmental nonprofit organization of winner's choice. The Grand Prize is awarded "AS IS" and WITHOUT
WARRANTY OF ANY KIND, expressed or implied, (including, without limitation, any
implied warranty of merchantability or fitness for a particular purpose) by
Sponsor. The right to receive the Grand
Prize is non-assignable and non-transferable and no prize substitution,
transfer, or exchange will be allowed except by Sponsor in Sponsor's sole
discretion. All
taxes are winner's responsibility and an IRS form 1099 will be issued, if
applicable, for the year 2008 for the value of the prize. Honorable
Mentions: Although all Winners' Entries may, at Sponsor's sole and absolute
discretion, be featured on Sponsor's Website, or on other Sponsor advertising
or promotional material, Honorable Mentions shall not receive any prize. A potential Winner who wishes to remain
anonymous shall have the opportunity to indicate so on the Affidavit, and such
Winner's name shall appear as "Anonymous" in publications of such Winner's
Entry. 8.
Licenses and Approvals: You must be the sole owner of the materials
submitted in your Entry. You may not
submit an Entry on behalf of someone else.
By submitting an Entry, you: (a) represent and warrant that (i) you own
all right, title and interest in the submitted photograph and accompanying
narrative, (ii) the Entry does not violate any law, regulation, or right of any
third party, including but not limited to copyright, trademark, rights of
publicity or privacy, (iii) if the photograph contains an identifiable person
other than you, that you have obtained the consent of such person or, (in the
case of a minor, such person's parent or legal guardian), and (iv) you meet all
eligibility criteria for participation in this Contest as set forth in these
Official Rules; (b) agree that if you are a Winner Sponsor may use your image,
name, and likeness, as may be included in your Entry, for Sponsor's advertising
and marketing purposes, without your approval and without any additional
compensation to you, except to the extent you may limit such use by indicating
in your Affidavit that you would like to remain anonymous, as described in
Section 7; and (c) agree to be bound by these Official Rules. In addition, you acknowledge and agree that by
submitting an Entry in this Contest, you grant Sponsor, its successors, licensees,
and assigns (the "Authorized Parties") an irrevocable, perpetual, non-exclusive
worldwide license to, without any additional consideration, publish, post,
display, copy, distribute, transmit, edit, use alone, together or with other
works, and otherwise exploit the photograph and narrative submitted in your
Entry in any manner whatsoever, and at any time or times, for any purpose
whatsoever, in all media now known or hereafter discovered, without notice,
review or approval. 9.
Limitation of Liability: Neither Sponsor nor Releasees (as
defined herein) are responsible for: (a) stolen, lost, late, misdirected,
damaged, undeliverable, incomplete, inaccurate, delayed, or illegible Entries
due to technical, computer,
mechanical, printing, typographical, human or other errors relating to or in
connection with the Contest, including, without limitation, errors which may
occur in connection with the administration of the Contest, the mailing or
transmission of entries, notification or correspondence, the processing of
entries, the announcement of the prize or in any Contest related materials;
(b) technical failures of any kind; (c) failures of any of the equipment or
programming associated with or utilized in the Contest; (d) unauthorized human
and/or mechanical intervention in any part of the entry process or the Contest;
(e) technical or human error that may occur in the administration of the Contest,
the sending of entries or the processing of entries; or (f) any injury or
damage to persons or property that may be caused, directly or indirectly, in
whole or in part, from your participation in the Contest or receipt or use of
any prize. If for any reason your entry
is confirmed to have been erroneously deleted, lost or otherwise destroyed,
corrupted or for any other reason not accepted as an entry into the Contest,
your sole remedy is another Entry in the Contest during the Contest Period.
Sponsor may rescind any Entry found to contain such errors or failures without
liability at Sponsor's sole discretion. As a condition of participating in
this Contest, you agree to
release, indemnify and hold harmless Esurance Insurance Services, Inc. and its respective
parent company, subsidiaries, affiliates, and advertising and promotion
agencies, and each of their respective agents, representatives, officers,
directors, members, shareholders and employees (collectively,
"Releasees") from and against any injuries, losses, damages, claims,
actions and any liability of any kind, including damage to your or any other
person's computer or wireless device, resulting from, arising out of, or in
connection with your participation in the Contest, including without
limitation, your acceptance, possession, use, misuse or nonuse (including any
travel or travel-related activity) of a prize, or your inability to access any
web site or wireless service associated with this Contest. Releasees shall not be liable
for any loss or damage to baggage or the loss, theft or damage of cash,
cameras, jewelry, securities, heirlooms, negotiable papers or other valuables.
If the Grand Prize winner becomes disabled or cannot otherwise fully enjoy the Grand
Prize due to illness, Sponsor shall have the option of: (1) being relieved of
liability for fulfillment of the prize award; or (2) at Sponsor's sole
discretion extending the period during which such prize may be awarded for a
period equal to the duration of the winner's disability or illness, in which
case certain prize components may not be available. The Grand Prize winner must
prove such disability by a doctor's certificate, which certificate shall be
endorsed by another physician agreeable to Sponsor and Grand Prize winner at
Sponsor's expense. Sponsor's failure to enforce any term of these Official
Rules shall not constitute a waiver of that provision; entrants further agree that in any cause of action, the Releasees'
liability will be limited to the cost of entering and participating in the Contest,
and in no event shall the Releasees be liable for attorneys' fees and/or
experts' fees and costs. Entrants waive the right to claim any damages
whatsoever, including, but not limited to, punitive, consequential, direct, or
indirect damages. You agree that the laws of
the State of California will govern any and all disputes. All issues and
questions concerning the construction, validity, interpretation and
enforceability of these Official Rules, or your and Sponsor's rights and
obligations in connection with the Contest, shall be governed by, and construed
in accordance with, the laws of the State of California, without regard for
conflicts of law doctrine, and all proceedings shall take place in San
Francisco County, California. If any provision of this Contest shall
be deemed to violate any federal, state or local law, regulation or ordinance,
it shall be amended to conform to such law and all other provisions shall
remain in full force and effect. If Sponsor is required by applicable federal,
state or local law, regulation or ordinance, or by action of an administrative
agency to cease offering the Sweepstakes in any jurisdiction, Sponsor reserves
the right to (i) terminate the Contest in such jurisdiction or in its entirety,
and/or (ii) cancel and remove from participation in the Contest any and/or all
entries from entrants residing in such jurisdiction, without penalty and
without obligation to any Contest entrants. As a condition of participating in
this Contest, you agree that (1)
under no circumstances will you be permitted to obtain awards for, and you
hereby waive all rights to claim, punitive, incidental, consequential, or any
other damages, other than for actual out-of-pocket expenses; (2) all causes of
action arising out of or connected with this Contest, or any prize awarded,
shall be resolved individually, without resort to any form of class action; and
(3) any and all claims, judgments, and awards shall be limited to actual
out-of-pocket costs incurred, but in no event attorneys' fees and experts' fees
and costs. Some jurisdictions do not
allow the limitation or exclusion of liability for incidental or consequential
damages, so the above may not apply to you. Sponsor reserves the right to modify prize award
procedures in Sponsor's sole and absolute discretion. If in the Sponsor's opinion, there is
any suspected or actual evidence of electronic or non-electronic tampering with
any portion of the Contest, or if any computer virus, bugs, unauthorized
intervention, fraud, or technical difficulties or failures compromise or
corrupt or affect the administration, integrity, security, fairness, or proper
conduct of the Contest, the Sponsor reserves the right in Sponsor's sole
discretion to disqualify any individual who tampers with the entry process
and/or void any entries submitted fraudulently, to modify or suspend the Contest,
or to terminate the Contest and conduct judging based on the criteria set forth
above to award the prize(s) using all eligible, non-suspect Entries received as
of the termination date. In the case of
early termination, winner will be selected from eligible applications received
up to the time of cancellation and mailed entries postmarked up to the date of
termination and received up to seven (7) calendar days later. In the event of a dispute regarding Entries
received from multiple users having the same email account, the Authorized User
of the e-mail account which was used to submit the Entry at the time of such
submission will be deemed to be the entrant.
"Authorized User" is the natural person who is assigned an e-mail
address by an Internet access provider, online service provider or organization
(e.g., business, education institution, etc.) that is responsible for assigning
e-mail addresses for the domain name associated with the e-mail address. 10.
Publicity: Except where prohibited by law, by entering the Contest, as a
condition of participating in this Contest and winning a prize, you agree to the use by Sponsor and
its designees of your name, photograph, and likeness for advertising and promotional
purposes for this and similar promotions, worldwide, and in perpetuity, in any
and all forms of media, now known or hereafter devised without additional
compensation, review or approval rights, notification or permission, except
where prohibited by law. YOU
FURTHER ACKNOWLEDGE THAT IF YOU ARE CHOSEN AS A WINNER, YOUR IDENTIFYING
INFORMATION MAY BE DISCLOSED TO THIRD PARTIES INCLUDING, WITHOUT LIMITATION,
BEING PLACED ON A WINNERS' LIST. Notwithstanding
anything to the contrary, this Section 10 shall not apply to a Winner who has indicated on
his/her Affidavit that he/she wishes to remain anonymous. 11.
Winner List:
For a list of Winners, any person may mail a self addressed, adequately
stamped, #10 business envelope to Winner List — Esurance Spring Snapshot
Contest, Esurance, 650 Davis St., San Francisco CA 94111, to be received no
later than May 30, 2008. WA and VT residents may omit return postage. No
mechanically reproduced or photocopied requests allowed; only one (1) request
per outer mailing envelope. 12.
Opt Out.
If you do not wish to receive any further notice from Sponsor regarding
contest offerings, send your name and address to: Esurance, Attn: Opt-Out, 650
Davis St., San Francisco, CA 94111. |
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