NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
The LivingSocial Holiday Hero Contest (the “Contest”) begins November 22, 2013 at 6:00 p.m. Eastern Time (“ET”) and ends December 31, 2013 at 11:59 p.m. ET (“Contest Period”).
ELIGIBILITY: “Nominators” and “Nominees” must be legal residents of the fifty (50) United States and the District of Columbia who are 18 years of age or older as of date of entry. A Nominator must have the consent of the “Nominee”, which is the person the Nominator is entering into the Contest. Void where prohibited by law. Employees of LivingSocial (“Sponsor”), its subsidiaries, affiliates, promotion and advertising agencies, and members of their immediate family (spouse and parent, children and siblings and their respective spouses, regardless of where they reside) and persons living in the same household, whether or not related, of such employees, are not eligible to enter or win. Contest is subject to all applicable federal, state and local laws. Void where prohibited. This Contest is in no way sponsored, endorsed or administered by, or associated with YouTube. By entering, you understand that you are providing your information to the Sponsor and not YouTube. The information you provide will only be used for notifying you of your status as a potential winner.
HOW TO ENTER: During the Contest Period, produce a video 1-2 minutes in length that tells us who your Nominee is and why they are your Holiday Hero. Upload your video to YouTube and then visit livingsocial/blog and click on the Holiday Hero Contest button. Follow the directions to provide a link to your YouTube video and submit your entry (each “Entry”). Video must be submitted in a format and file size accepted by YouTube and consistent with the terms of these Official Rules. All Entries must be received by December 31, 2013 at 11:59 p.m. ET to be considered. Limit of one (1) Entry per person using only one (1) email address throughout the Contest Period. Entries received from any person or email address in excess of the stated limitation will be void. Entries with incomplete or erroneous information, Entries generated by script, macro or other automated or mechanical means and Entries made by any means which may subvert the Entry process as defined by Sponsor are void. No correspondence about Entries will be entered into. To submit a video link posted on YouTube, you must have a valid YouTube account and agree to comply with the YouTube Terms of Service located at http://www.youtube.com/t/terms, inclusive of the YouTube Community Guidelines located at www.youtube.com/t/community_guidelines and Privacy Policies located at http://www.youtube.com/t/privacy_at_youtube. If you are not a YouTube.com member, you can become a member by visiting www.YouTube.com and following the instructions as directed. Membership is free.
Entry may not contain, as determined by the Sponsor, in its sole discretion, any content that:
- is sexually explicit or suggestive; unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group; profane or pornographic; contains nudity;
- promotes alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing); promotes any activities that may appear unsafe or dangerous; promotes any particular political agenda or message;
- is obscene or offensive; endorses any form of hate or hate group; appears to duplicate any other submitted Entries;
- defames, misrepresents or contains disparaging remarks about other people or companies;
- contains trademarks, logos, or trade dress (such as distinctive packaging or building exteriors/interiors) owned by others, without permission; contains any personal identification, such as license plate numbers, personal names, e-mail addresses or street addresses;
- contains copyrighted materials owned by others (including music, photographs, sculptures, characters, paintings, and other works of art or images published on or in websites, television, movies or other media), without permission;
- contains materials embodying the names, likenesses, voices, or other indicia identifying any person, including, without limitation, celebrities and/or other public or private figures, living or dead, without permission;
- contains look-alikes of celebrities or other public or private figures, living or dead;
- communicates messages or images inconsistent with the positive images and/or good will to which we wish to associate; and/or
- violates any law.
Entry must be the original work of the entrant, may not have been previously published, may not have won previous awards, and must not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity. If the Entry contains any material or elements that are not owned by the entrant, and/or which are subject to the rights of third parties, the entrant is responsible for obtaining, prior to submission of the Entry, any and all releases and consents necessary to permit the use and exhibition of the Entry by Sponsor in the manner set forth in these Official Rules, including, without limitation, name and likeness permissions from Nominee and any person who appears in or is identifiable in the Entry. Sponsor reserves the right to request proof of these permissions in a form acceptable to Sponsor from any entrant at any time. Failure to provide such proof may, if requested, render Entry null and void. By submitting an Entry, entrant hereby grants permission for the Entry to be posted on LivingSocial’s YouTube channel at www.youtube.com/user/livingsocial, LivingSocial’s blog at blog.livingsocial.com, LivingSocial’s Facebook page at Facebook.com/LivingSocial and through LivingSocial’s Twitter account at twitter.com/livingsocial or other Sponsor websites, media outlets, and promotional channels at LivingSocial’s sole discretion. Entrant agrees that Released Parties (as defined below) are not responsible for any unauthorized use of Entries by third parties. Released Parties do not guarantee the posting of any Entry and may remove a posted Entry at any time.
This Contest is in no way sponsored, endorsed or administered by, or associated with Facebook and/or Twitter.
If you think that any Entry infringes your intellectual property rights, click here if you wish to report it: https://www.livingsocial.com/terms#copyright_notice_digital_millenium_copyright_act
JUDGING: All eligible Entries received by Sponsor will be judged based equally on the following criteria: originality (35%); creativity (35%); and portrayal of enthusiasm in Entry (30%). Subject to verification of eligibility and compliance with these Official Rules, the one (1) Entry with the highest score, as determined by Sponsor, will be deemed the potential First Prize winner. The one (1) Entry with the next highest score, as determined by Sponsor, will be deemed the potential Second Prize winner. The one (1) Entry with the next highest score, as determined by Sponsor, will be deemed the potential Third Prize winner. In the event of a tie, a “tie-breaking” judge will determine the winner(s) based on the above judging criteria.
WINNER NOTIFICATION: Potential winners, defined herein as both Nominator and Nominee, will be notified by telephone, mail and/or email and will be required to complete an Affidavit of Eligibility, Liability and Publicity Release (unless prohibited by law) and any other documents required by Sponsor, which must be returned within five (5) days of date appearing on the finalist notification. Return of notification as undeliverable, failure to sign and return requested documentation within the specified time period, the inability of Sponsor to contact a potential winner within a reasonable time period or noncompliance with these Official Rules by a potential winner will result in disqualification and, at Sponsor’s sole discretion, a runner-up may be notified for the applicable prize. If a potential winner is at least 18 but still considered a minor in his/her state of residence, Sponsor reserves the right to award the prize in the name of his/her parent or legal guardian who will be responsible for fulfilling all requirements imposed on winner set forth herein.
FIRST PRIZE (1): $3,500 in LivingSocial Deal Bucks. Approximate Retail Value (“ARV”): $3,500.
SECOND PRIZE (1): $1,000 in LivingSocial Deal Bucks. ARV: $1,000.
THIRD PRIZE (1): $500 in LivingSocial Deal Bucks. ARV: $500.
PRIZE CONDITIONS: Prizes will be awarded to Nominees and not the Nominator. All federal, state and local taxes and all other costs associated with prize acceptance and use not specified herein as being provided are the sole responsibility of the winners. Deal Bucks are subject to certain terms and conditions as specified by Sponsor. Prizes may be applied as a credit only towards the purchase of Deals on Livingsocial.com and may be subject to certain additional LivingSocial terms and conditions found at www.livingsocial.com/terms. Deal Bucks will be deposited in winner’s LivingSocial account following the winner(s) providing a valid email address connected to their LivingSocial account. If any winner does not have a LivingSocial account, he/she can open one by following the directions provided at www.livingsocial.com. Opening an account is free and must be completed before Deal Bucks can be deposited. Deal Bucks are not returnable or refundable for cash, except where required by law. Resale of Deal Bucks is strictly prohibited. Winners may not substitute, assign or transfer prize or redeem prize for cash. Deal Bucks expire on December 31, 2014. Prizes are awarded “as is” with no warranty or guarantee, either express or implied by Sponsor. Winners may not substitute, assign or transfer prize or redeem prize for cash, but Sponsor reserves the right, at its sole discretion, to substitute prize (or portion thereof) with one of comparable or greater value. Total ARV for all prizes: $5,000.
GENERAL CONDITIONS: By participating, each entrant agrees: (a) to abide by these Official Rules and decisions of Sponsor and judges, which shall be final and binding in all respects relating to this Contest; (b) to release, discharge and hold harmless Sponsor, YouTube, and their respective parents, affiliates, subsidiaries, and advertising and promotion agencies, and the respective officers, directors, shareholders, employees, agents and representatives of the foregoing (collectively, “Released Parties”) from any and all injuries, liability, losses and damages of any kind to persons, including death, or property resulting, in whole or in part, directly or indirectly, from entrant’s participation in the Contest or any Contest-related activity or the acceptance, possession, use or misuse of any awarded prize; and (c) to the use of his/her name, photograph, image and/or likeness for programming, advertising, publicity and promotional purposes in any and all media, now or hereafter known, worldwide and on the Internet, and in perpetuity by Sponsor and its designees, without compensation (unless prohibited by law) or additional consents from entrant or any third party and without prior notice, approval or inspection, and to execute specific consent to such use if asked to do so. By participating, entrants also agree not to release any publicity or other materials on their own or through someone else regarding their participation in the Contest without the prior consent of the Sponsor, which it may withhold in its sole discretion.
LICENSE/USE OF ENTRIES: By submitting an Entry, and to the extent allowed by law, you grant the Released Parties a perpetual, worldwide, royalty-free, non-exclusive, sub licensable, unconditional and transferable license to edit, modify, cut, rearrange, add to, delete from, reproduce, encode, store, modify, copy, transmit, publish, post, broadcast, display, adapt, exhibit and/or otherwise use or reuse your Entry, name, photo, and biographical material including, but not limited to, all materials submitted in connection with the Contest in any and all media, throughout the world, and in any manner, for trade, advertising, promotional, commercial, or any other purposes without further review, notice, approval, consideration, or compensation to entrant or any third party.
MISCELLANEOUS: Released Parties are not responsible for lost, late, incomplete, damaged, inaccurate, stolen, delayed, misdirected, undelivered, or garbled Entries or videos; or for lost, interrupted or unavailable network, server, Internet Service Provider (ISP), website, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties, or other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Contest, including, without limitation, errors or difficulties which may occur in connection with the administration of the Contest, the processing or judging of Entries or videos, the announcement of the prizes, the cancellation or postponement of the Contest, the incorrect uploading of any video, or in any Contest-related materials. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by site users, tampering, hacking, or by any equipment or programming associated with or utilized in the Contest. Released Parties are not responsible for injury or damage to any person’s computer related to or resulting from participating in this Contest or downloading materials from or use of the website. Persons who tamper with or abuse any aspect of the Contest or website, who act in an unsportsmanlike or disruptive manner or who are in violation of these Official Rules, as solely determined by Sponsor, will be disqualified and all associated Entries will be void. Should any portion of the Contest be, in Sponsor’s sole opinion, compromised by virus, worms, bugs, non-authorized human intervention or other causes which, in the sole opinion of the Sponsor, corrupt or impair the administration, security, fairness or proper play, or submission of Entries, or in the event the Contest is unable to run as planned for any other reason, Sponsor reserves the right at its sole discretion to suspend, modify or terminate the Contest and, if terminated, at its discretion, select the potential winners from all eligible, non-suspect Entries received prior to termination using the judging procedure outlined above. Should multiple users of the same e-mail account enter the Contest and a dispute arises regarding the identity of the entrant, the authorized account holder of said e-mail account at the time of Entry will be considered the entrant and must comply with these Official Rules. “Authorized account holder” is defined as the natural person who is assigned an e-mail address by an Internet Service Provider (ISP), on-line service provider or other organization, which is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK ANY AND ALL REMEDIES AVAILABLE FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
ARBITRATION: Except where prohibited by law, as a condition of participating in this Contest, participant agrees that (1) any and all disputes and causes of action arising out of or connected with this Contest, or any prizes awarded, shall be resolved individually, without resort to any form of class action, and exclusively by final and binding arbitration under the rules of the American Arbitration Association and held at the AAA regional office nearest the participant; (2) the Federal Arbitration Act shall govern the interpretation, enforcement and all proceedings at such arbitration; and (3) judgment upon such arbitration award may be entered in any court having jurisdiction. Under no circumstances will participant be permitted to obtain awards for, and participant hereby waives all rights to claim, punitive, incidental or consequential damages, or any other damages, including attorneys’ fees, other than participant’s actual out-of-pocket expenses (i.e., costs associated with participating in this Contest), and participant further waives all rights to have damages multiplied or increased.
CHOICE OF LAW: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of participant and Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the substantive laws of the District of Columbia, USA.
REQUEST FOR WINNERS’ NAMES: For the names of the winners (available after January 31, 2014), send an email with the subject line “LivingSocial Holiday Hero Contest Winners” to firstname.lastname@example.org by July 31, 2014.
SPONSOR: LivingSocial, 1445 New York Ave NW, Washington, D.C., 20005.