
Lifetime's Celebrate Mom Photo Contest
Official Rules
NO PURCHASE NECESSARY
Eligibility: Lifetime's Celebrate Mom Photo Contest (the "Contest") is open to legal residents of the 50 United States and the District of Columbia who are 18 years of age or older as of the time of entry. Employees of Lifetime Entertainment Services ("Sponsor") and Applebee's Services, Inc. and each of their parent companies, subsidiaries, affiliates, franchisees, licensees, members, retailers, suppliers, distributors, advertising/promotion agencies (together with Sponsor, the "Promotion Entities") and their immediate family members (mother, father, brothers, sisters, sons, daughters and spouse) and/or those living in the same household of any such employees, whether or not related, are not eligible to enter or win. The Contest is void where prohibited by law.
How To Enter: To participate in the Contest, visit www.mylifetime.com (the "Website") between 04:00 p.m. ET on May 5 , 2008 and 11:59 a.m. ET on June 5, 2008 (the "Submission Period"), complete the online registration form for the Contest, and follow the prompts to upload and submit a photograph (the "Photograph") of your mother along with a maximum length 60 word ( or 300 character) Photograph caption describing why your mother should be celebrated (the "Caption") for entry in the Contest (the Photograph submission and the Caption submission are together referred to herein as the "Submission"). Limit one (1) Submission per person.
Photo Submission Requirements: Each Submission that is entered into the Contest must meet ALL of the "Submission Requirements" set forth below (any Submission that, in Sponsor's good faith judgment, violates the following criteria will be disqualified):
The Submission must be the submitting entrant's original unmodified, previously unpublished photographic and written work;
The entrant must be able to provide on request all appropriate permissions and releases for the Submission, including releases from any person appearing in the Submission (in the event an entrant cannot provide all required releases, Sponsor reserves the right, in Sponsor's sole discretion, to disqualify the applicable Submission, or seek to secure the releases for Sponsor's benefit and allow the applicable Submission to remain in Contest).
The Submission must not include images or words that are obscene, pornographic, libelous, illegal, discriminatory, disparaging of the Promotion Entities or any other parties, infringing of the rights of any third parties, or otherwise objectionable; and
The Submission must not include any corporate logos or trademarks.
By entering into this Contest, each entrant represents and warrants that (i) his or her Submission is entrant's own original, previously unpublished work; (ii) that entrant owns the copyright in and to the Submission; (iii) that such Submission does not violate or infringe on the rights of any third party or infringe or violate any law, and as of the date of the Submission, is not the subject of any actual or threatened litigation or claim; and (iv) the Submission is not and will not be defamatory, libelous, pornographic or obscene. Note: Sponsor reserves the right, in its sole discretion, to disqualify any Submission in the Contest if Sponsor views the Submission as potentially infringing or otherwise a violation or potential violation of a third party's rights or if it deems the Submission to be lacking in taste, quality, or to be otherwise objectionable.
Submissions must be received by the end of the Submission Period. The Website's database clock will be the official timekeeper for the Contest. No substitutions of Submissions will be accepted under any circumstances once the original Submission is uploaded. Submissions become the exclusive property of Sponsor and will not be returned or acknowledged. Proof of submission is not considered proof of delivery or receipt of such Submission to Sponsor. Sponsor will have no liability for any Submission that is lost, intercepted or not received by Sponsor, for any reason.
Posting of Photographs Online: Subject to Sponsor's sole discretion, all Submissions that meet the Submission Requirements above, will be posted by Sponsor in a virtual gallery on the Website along with entrant's name, entrant's state of residence, Caption and any title given by entrant to the photograph. By entering the Contest, entrant consents to the posting of his or her Photograph, name, state of residence, Caption and title.
Winner Selection: At the end of the Contest Period, Sponsor or its designee will review the Submissions and select one (1) Grand Prize Winner and ten (10) Second Prize Winners from amongst all eligible Submissions using the following judging criteria: 1) Photographic Quality (25%); 2) Composition (25%); and 3) Adherence to Theme (50%). Winner will be selected on or about July 8, 2008 by Sponsor, whose decisions will be final and binding in all matters related to this Contest. Winners will be notified by telephone, e-mail, and/or mail using the contact information provided at the time at the time of entry. In addition, if Sponsor elects, the announcements also will be posted online at the Website. Sponsor will have no liability for any winner notification that is lost, intercepted or not received by the potential winner for any reason.
One (1) Grand Prize is available. The Grand Prize consists of 1) One (1) One Hundred Dollar ($100) gift card from Applebee's to be used at most Applebee's restaurants in the United States; 2) One Thousand Dollars ($1000) cash in the form of a check; and 3) a four-day/three-night trip for winner and one (1) guest to the Mountain Grand Lodge at Boyne Mountain (the "Lodge") in Boyne Falls, Michigan.. The Grand Prize travel package includes: two (2) round trip coach-class airline tickets from the major U.S. gateway city airport closest to the winner's residence to an airport within the vicinity of Traverse City, Michigan; double occupancy accommodations (one [1] deluxe king suite if available) at the Lodge for a three(3) night stay, a total of four (4) 50-minute spa services valued up to $110 each (two [2] spa services per person) at the Solace Spa at the Lodge, daily breakfast for two (2) at the Lodge and winner's choice of either a round of golf for two (2) or a day's ski lift ticket for two (2) at the Lodge. The Grand Prize Winner will be responsible for all federal, state and local taxes, and any other expenses related to the Grand Prize and/or this Contest. The total approximate retail value ("ARV") of the Grand Prize is $2400. All travel, hotel and other arrangements must be made through Sponsor, and trip must take place before July 8, 2009. Airfare does not include taxes, Passenger Facility Charge or September 11th Security Fee and other similar fees. All such costs must be paid by the winner and his or her guest and are due at time of confirmation of the requested dates; once paid these are non-refundable. Ground transportation will not be provided as part of the overall travel package. The travel package is non-transferable, non-extendable, and non-exchangeable. Other travel/accommodation restrictions may apply. The trip must be taken on dates and times designated by Sponsor or the prize will be forfeited in its entirety and may be awarded to an alternate winner. Sponsor is not responsible for travel delays. The Grand Prize winner's travel companion(s) must be 18 years of age or older, or if any companion is a minor, the winner must be such minor's parent or legal guardian or travel with the written permission of such minor's parent or legal guardian in form and substance acceptable to Sponsor in its sole and absolute discretion. The Grand Prize winner and his or her travel companion must travel on the same itinerary and possess all required travel documents, including visas and valid passports, if and as applicable. The Grand Prize winner must comply with all hotel check-in requirements, including but not limited to the presentation of a major credit card. Flight insurance, travel insurance, gratuities, personal expenses and all other expenses not specified as being awarded herein are the sole responsibility of Grand Prize winner and guest(s). The Grand Prize winner's travel companion must sign and return a Liability Release and a Publicity Release prior to ticketing. Changes are not permitted after ticket issue. Air tickets may not be valid for upgrades and/or frequent flyer miles. All tickets are subject to the vagaries of flight variation, work stoppages, and schedule or route changes. In the event a winner and/or his or her guest engage in behavior that (as determined by Sponsor in Sponsor's sole discretion) is obnoxious or threatening, illegal or that is intended to annoy, abuse, threaten or harass any other person, Sponsor reserves the right to terminate the trip, early and send the winner and/or his or her guest home with no further compensation. If the closest airport to the Grand Prize winner's home is in close enough proximity to the destination city so that, as Sponsor may determine in its sole discretion, a flight is unnecessary, prize will include ground transportation, in lieu of air transportation, from the Grand Prize winner's residence to the destination city.
Ten (10) Second Prizes are available. Each Second Prize winner will receive one (1) Fifty Dollar ($50) gift card from Applebee's to be used at most Applebee's restaurants in the United States. The total approximate ARV of each Second Prize is $50 (total ARV: $500).
General Prize Conditions: Each Prize will be awarded only if the potential winner fully complies with these Official Rules. No interest will be paid on cash prizes. The prizes are non-transferable and non-assignable. All details and other restrictions of prizes not specified in these Official Rules will be determined by Sponsor in its sole discretion. Each potential prize winner will be required to execute and return an Affidavit of Eligibility, Liability Release and (where permitted by law) Publicity Release (collectively, "Prize Claim Documents") within five (5) days of issuance of notification. If the winner is considered to be a minor in his or her state of residence, at Sponsor's option, the applicable prize either will be awarded to the minor winner's parent or legal guardian on behalf of the winner, or the parent or legal guardian of the minor winner will be required to ratify and sign the Prize Claim Documents. Non-compliance with the foregoing may result in disqualification and awarding of prize to an alternate winner. If any prize notification letter or prize is returned as undeliverable, the winner will be disqualified and an alternate winner may be selected. Confirmation of prize winners is subject to Sponsor's verification of the Prize Claim Documents.
Anticipated Number of Contestants: Sponsor cannot accurately predict the number of contestants who will participate in the Contest.
Publicity Release/License to Use: By participating in the Contest, in addition to any other rights which may be granted in any other agreement entered into between Sponsor and any entrant in or winner of the Contest or between Sponsor and any individual appearing in a Submission, each entrant irrevocably grants the Promotion Entities and their respective successors, assigns and licensees, the right to use such entrant's name, likeness, biographical information and Submission(s), and any individual(s) participating therein, in any and all media for any purpose, including without limitation advertising and promotional purposes, as well as in, on or in connection with the Contest and/or other promotions conducted by the Promotion Entities, and each entrant hereby releases the Promotion Entities from any liability with respect thereto. Sponsor will have the right, in its sole discretion, to edit, composite, morph, scan, duplicate, alter, publish, or otherwise use each Submission for any purpose which Sponsor deems necessary or desirable (including, without limitation, posting on the Website), and each entrant irrevocably waives any and all so-called moral rights they may have therein.
No Obligation to Use: Sponsor will have no obligation (express or implied) to use any Submission, or to otherwise exploit any Submission or, if commenced, to continue the distribution or exploitation thereof, and Sponsor may at any time abandon the use of the any Submission for any reason, with or without legal justification or excuse, and contestants will not be entitled to any damages or other relief by reason thereof.
Further Documentation: If Sponsor will desire to secure additional assignments or other documents in order to effectuate the purposes and intent of these Official Rules, then each entrant agrees to sign the same upon Sponsor's request therefore.
General Liability Release/Force Majeure: By entering the Contest, entrants (or if minors, their parents or legal guardians) agree that the Promotion Entities (a) will not be responsible or liable for any losses, damages or injuries of any kind resulting from participation in the Contest or any Contest-related activity, including travel, or from entrants' acceptance, receipt, possession and/or use or misuse of the prize(s), and (b) have not made any warranty, representation or guarantee express or implied, in fact or in law, with respect to the prize(s), including, without limitation, to such prize's quality or fitness for a particular purpose. Sponsor and Promotion Entities assume no responsibility for any damage to an entrant's computer system which is caused by accessing the Website or participating in the Contest, or for any computer system, phone line, hardware, software or program malfunctions, or other errors, failures, delayed computer transmissions or network connections that are human or technical in nature. Without limiting the generality of the foregoing, Sponsor and Promotion Entities are not responsible for incomplete, illegible, misdirected, misprinted, late, lost, damaged, stolen, or postage-due Submissions or prize notifications; or for lost, interrupted, inaccessible or unavailable networks, servers, satellites, internet service providers, websites, or other connections; or for miscommunications, failed, jumbled, scrambled, delayed, or misdirected computer, telephone or cable transmissions; or for any technical malfunctions, failures, difficulties or other errors of any kind or nature; or for the incorrect or inaccurate capture of information, or the failure to capture any information. Promotion Entities reserve the right in their sole discretion to disqualify any individual who is found to be tampering with the entry process or the operation of the Contest or the Website, to be acting in violation of these Official Rules, or to be acting in an unsportsman-like or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Contest, or to annoy, abuse, threaten or harass any other person, and Promotion Entities reserve the right to seek damages and other remedies from any such person to the fullest extent permitted by law.Ê In the event Promotion Entities are prevented from awarding prize(s) or continuing with the Contest as contemplated in these Official Rules by any event beyond their control, including but not limited to fire, flood, natural or man-made epidemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal state or local government law, order, or regulation, public health crisis (e.g. SARS), order of any court or jurisdiction, or other cause not reasonably within Promotion Entities' control (each a "Force Majeure" event or occurrence), then subject to any governmental approval which may be required, Promotion Entities will have the right to modify, suspend, or terminate the Contest.Ê If the Contest is terminated for Force Majeure before the designated end date, Promotion Entities will (if possible) select the winner(s) from all eligible, non-suspect submissions received as of the date of the event giving rise to the termination.Ê These Official Rules cannot be modified or amended in any way except in a written document issued in accordance with law by a duly authorized representative of Promotion Entities.Ê The invalidity or unenforceability of any provision of these rules will not affect the validity or enforceability of any other provision.Ê In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules will otherwise remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
Governing Law/Jurisdiction: ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE OFFICIAL RULES OR THE RIGHTS AND OBLIGATIONS OF ENTRANTS OR SPONSOR IN CONNECTION WITH THE CONTEST WILL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAWS OF THE STATE OF NEW YORK WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OF CONFLICT OF LAW RULES OR PROVISIONS THAT WOULD CAUSE THE APPLICATION OF ANY OTHER STATE'S LAWS.
Winners List: To obtain a copy of any legally-required Winners List, send a self-addressed, stamped envelope to: Lifetime's "Celebrate Mom" Contest Winners List, Lifetime Entertainment Services, 309 West 49th Street, New York, NY 10019, Attn: New Media Department. All requests must be received by Sponsor within six (6) weeks after the end of the Contest Period.
Sponsor: Lifetime Entertainment Services, 309 W. 49th Street, New York, NY 10019.