2012 WIN A WEEKEND WITH FLYLADY PROMOTION
1. NO PURCHASE OR PAYMENT OF ANY KIND NECESSARY TO ENTER OR WIN THIS PROMOTION. PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID IN PUERTO RICO, U.S. VIRGIN ISLANDS, U.S. TERRITORIES AND POSSESSIONS AND THE PROVINCE OF QUEBEC AND WHERE PROHIBITED OR RESTRICTED BY LAW.
2. PROMOTION OVERVIEW; PROMOTION PERIOD. The 2012 Win a Weekend with FlyLady Promotion (the “Promotion”) consists of an essay contest (the “Contest”). The Promotion begins on June 15, 2012 and ends on June 30, 2012 at 11:59:59 PM Eastern Time (the “Promotion Period”). For purposes of these Official Rules, a “day” will run from 12:00:01 AM Eastern Time to 11:59:59 PM Eastern Time. Sponsor’s clock is the official time-keeping device for this Promotion.
3. ELIGIBILITY. The Promotion is open only to legal residents of the 50 United States and the District of Columbia and Canada (except the Province of Quebec), who at time of entry are 18 years of age or older, and have access to the internet (and have not purchased internet service in order to participate in this Promotion). (Proof of residency and age may be required.) Officers, directors, and employees (collectively, “employees”) of FlyLady & Company, Inc. (“Sponsor”), Brevard Music Center, and Transylvania County Tourism Development Authority, and their parents, subsidiaries, affiliated companies, agents, advertising and promotional agencies, those involved in the execution and administration of the Promotion and the immediate family members (defined as parents, spouse, children, siblings, grandparents) of such employees, and all those with whom such employees are domiciled, are NOT eligible to enter or win.
4. HOW TO ENTER PROMOTION.
A. How to Enter. FlyLady wants you to share how FLYing has changed your life (your “FLYing Experience”). To participate in the Promotion (and become a participant in the Contest), visit the Promotion website at http://www.flylady.net/d/win-a-weekend-with-flylady/ (the “Contest Website”) during the Promotion Period and follow instructions to complete and send an email to email@example.com, including all required information. If you want to enter the Contest, be sure to also submit/upload one (1) essay (up to a maximum of 500 words) that describes your FLYing Experience and that meets the requirements described in Section 4(B) below (the “Essay”). All Entries must be submitted and received via the Website by 11:59:59 PM Eastern Time on June 30, 2012 to be eligible for the Contest. For purposes of this Promotion and these Official Rules, your “Entry” is, collectively, the information and materials submitted via email by you, including, without limitation, acknowledgement that you have read the Official Contest Rules, your name, address, email address, age, phone number, airport you will be flying out of if named Winner, and Essay. Only complete Entries will be accepted. Limit one (1) Entry per person. Please note that you may not be sent confirmation of receipt of an Entry; in the event that your Entry is acknowledged in any way following submission, such acknowledgement does not constitute any representation by Sponsor as to the eligibility of your Entry. Any automated computer receipt (such as one confirming delivery of email) does not constitute proof of actual receipt by Sponsor for purposes of these Official Rules. The submission of an Entry is solely the responsibility of the participant, and all internet access and usage charges are the responsibility of the participant. Any illegible, unintelligible, garbled, incomplete, or noncomplying Entries are not permitted and may be rejected.
B. Entry/Essay Requirements for Contest. To be eligible for the Contest, your entry must also include an Essay, which must comply with all of the requirements of these Official Rules, including, without limitation, all of the following:
(a) Describing your FLYing Experience in your Essay.
1. Your Essay must describe your FLYing Experience, including (1) how you discovered FlyLady, (2) what was the straw that broke the camel’s back in your life (prompting you to want to begin FLYing), (3) how you have used the FlyLady system to get CHAOS out of your life, and (4) why you would like to meet FlyLady.
(b) All Essays must be in English. Essays are limited to 500 words or less (including “I,” “a,” “and,” etc.). You may submit only one (1) Essay as part of your Entry.
(c) Your Essay must (i) be your own original work, created solely by you, and be the exclusive property of you alone; (ii) not have been previously published, released or distributed in any form; and (iii) not have won any prior awards or competitions.
(d) Your Essay may not in any way violate or infringe the copyright, trademark, privacy, publicity, or other personal or proprietary rights of any person or entity. Your Essay may not contain or reference any names, materials, products or services of any company or entity (other than of Sponsor) or of any third parties, including, without limitation, any third party trademarks or trade dress.
(e) Your Essay may not, as determined by Sponsor in Sponsor’s sole discretion include contain or discuss: (i) any illegal, immoral, obscene, profane, lewd, inappropriate, disparaging, libelous, defamatory or offensive material; (ii) any content unsuitable for publishing, posting or reproducing (including, but not limited to, profanity); (iii) any racial, ethnic, religious, or sexual derogatory characterizations or slurs; or (iv) any threats to any person, place, business, group or world peace, or that suggests and/or promotes violence.
(f) Participants may not copy or otherwise plagiarize Essay materials from any source. Modifying, enhancing or altering a pre-existing work does not qualify as an original creation or submission.
(g) Your Essay may not convey or communicate any message inconsistent with the positive brand, reputation for wholesomeness or good will of Sponsor.
(h) All entry emails must include the following information: acknowledgement that you have read the contest rules, name, email address, age, phone number, address, airport you will be flying from if you’re named the winner, and Essay. Any Essays that fail to comply with the above requirements may be rejected.
Your Privacy… Our Pledge to You, Our Customer: We respect your privacy. We do not sell, rent, or loan any personally identifiable information regarding our customers to any third party. Any personally identifiable information you give us is held with the utmost care and security, and will not be used in ways to which you have not consented. Use of Information: We will not collect any personal information about individuals except when specifically and knowingly provided by such individuals. Examples of such information are: name, address, e-mail address, phone number, birthday, and product commentary. For a copy of these Official Rules, during the Promotion Period, print them from the Website or send a stamped, self-addressed envelope to: 2012 Win a Weekend with FlyLady Official Rules, FlyLady & Company, Inc., 132 Commerce Street # 8, Brevard NC 28712, by June 20, 2012. (Vermont residents and residents of Canada may omit return postage.)
5. CONTEST JUDGING. All Contest Entries must meet the Contest entry requirements described in these Official Rules. Eligible Contest Entries will be judged by independent, qualified judges appointed by Sponsor, which may consist of representatives from Sponsor and other organizations. Decisions of the judges are final in all matters relating to the Promotion. Contest judging determinations are in the sole and absolute discretion of the judges, and such decisions and determinations are not subject to further review or appeal by participants. Because of the unique nature and scope of the Contest, Sponsor cannot accurately predict the number of participants who will participate in the Contest. Odds of becoming a Finalist (and of winning Contest prize) depend on the nature, quality and number of eligible Entries received.
Judging. The judges will judge the Contest Entries during the Judging period running from July 1, 2012 through on or about July 11, 2012. Judges will collectively determine the winning Essay.
6. CONTEST WINNER NOTIFICATION AND REQUIREMENTS. Sponsor will announce the Grand Prize Winner on or about July 11, 2012. Winner must comply with all of the terms and conditions of these Official Rules. Winner will be notified by phone, email or mail. If Winner does not respond to notification within ten (10) days of the date of Winner notification, Winner position (and associated prize) will be forfeited and the Judges will determine an alternate Winner. Winner will be required to sign and return a notarized Affidavit of Eligibility and Finalist Agreement and Release (a “Release”) within ten (10) days of the date of Winner notification. Through the Release, the potential Winner, among other things, (i) covenants and agrees to undertake and execute the Win a Weekend with FlyLady Grand Prize Winner trip August 2-5, 2012; and (ii) grants a publicity release to Sponsor (where permitted by law). In the event of non-compliance with any of these requirements, Grand Prize Winner position (and prizes) will be forfeited and an alternate Winner may be selected.
7. CONTEST PRIZES. Through the Contest, Sponsor will award one (1) Grand Prize Package. Grand Prize consists of roundtrip airfare for Winner (and one guest) to Asheville NC, 4 days 3 nights at Greystone Inn (Lake Toxaway, NC), and all meals and activities August 2 through August 5, 2012. Total approximate retail value (“ARV”) of Grand Prize: $4000.
8. GENERAL CONDITIONS RELATING TO PRIZES. All prize winners must comply with all of the terms and conditions of these Official Rules, and winning is contingent upon fulfilling all requirements. Prize winners may be required to sign and return an Affidavit of Eligibility and Release within 14 days of notification in order to receive the prize(s). In the event of non-compliance with these requirements, the prize will be forfeited and an alternate winner will be selected. If prize/prize notification is returned as undeliverable, the prize will be forfeited and an alternate winner will be selected. Unclaimed prizes and/or forfeited prizes may not be awarded.
In the event of a dispute as to the identity of a prize winner based on an email address, the winning Entry will be deemed to be the authorized account holder of the email address submitted at time of entry. For purposes hereof, an “authorized account holder” is the natural person who is assigned to an email address by an Internet access provider, on-line service provider or other organization (e.g., business, educational, institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address.
All taxes or expenses, including, without limitation, sales tax, luxury tax and any other costs incurred in claiming or using any of the prizes, are the sole responsibility of the prize winner. No prize substitution or cash equivalent of prize, except at Sponsor’s sole discretion, and then only for a prize of equal or greater value. Any difference between the actual value of any prize and the approximate retail value set forth in these Official Rules may not be claimed and will not be awarded.
9. GENERAL CONDITIONS OF PARTICIPATION. The Promotion is subject to all applicable federal, state, and local laws and regulations. By entering, participant (and if participant is under the age of majority in their state of legal residence, participant’s parent or legal guardian) agrees: (i) to be bound by these Official Rules and the decisions of the judges, which are final and binding in all respects; (ii) that Essays cannot be used by participant (or third parties) for any commercial purpose other than to enter the Contest; and (iii) to be contacted by Sponsor by mail, email or telephone. By entering the Promotion, participant (and if participant is under the age of majority in their state of legal residence, participant’s parent or legal guardian) further agrees that Sponsor may post, publish and use all or any part of participant’s Entry, in any and all media now existing or hereafter devised for illustration, promotion, art, editorial, advertising, trade or any other purpose whatsoever, in perpetuity, without attribution, notification, compensation or consents (except where prohibited by law), and participant hereby releases Sponsor, Brevard Music Center, Transylvania County Tourism Development Authority, and their parents, subsidiaries, affiliates, and the directors, officers, employees, or agencies from any liability with respect thereto. Sponsor reserves the right, in its sole discretion, to: (i) disqualify from this or any Promotion it sponsors, now or in the future, any person it finds, in its sole discretion, has violated these Official Rules, entered or attempted to enter the Promotion more than the permitted number of times through the use of multiple email addresses or any other device or means, or tampered with the entry process, the operation of the Promotion, or any other aspect of this Promotion; and (ii) modify, cancel or suspend part or all of this Promotion in the event that human or technical errors occur in the administration of this Promotion or the processing of Entries, or other errors, printing errors, tampering, fraud, unauthorized intervention, technical failure, or other causes beyond Sponsor’s control, corrupt or impair the administration, security, fairness or proper play of the Promotion. In such event, or in the event the Promotion is cancelled, suspended or discontinued for any reason, Sponsor may judge and award Contest prize and based on Contest information collected up to the time of Contest cancellation or suspension. Neither Sponsor, Brevard Music Center, Transylvania County Tourism Development Authority, nor any of their respective parents, subsidiaries, affiliated companies, agents, employees, shareholders, members, managers, representatives or agencies, shall have any obligation or responsibility, including any responsibility to award any prizes to participants, with regard to: (i) Entries that contain inaccurate information or do not comply with or violate these Official Rules; (ii) Entries or prize claims or notifications that are lost, late, unintelligible, damaged, delayed, destroyed, misdirected, garbled, incomplete, illegible or are otherwise not received by the intended recipient, in whole or in part, due to computer, human or technical error of any kind; (iii) any error, omission, interruption, deletion, defect, delay in operation or transmission, theft or destruction or unauthorized access to, or alternation of, Entries, or any incorrect or inaccurate transcription of entry information; (iv) participants who have committed fraud or deception in entering or participating in the Promotion or in claiming any prize; (v) any problems or technical malfunctions of the Promotion or of any telephone or communications network or lines, computer on-line systems, servers or providers, computer equipment, software, or traffic congestion on the internet or at any website, 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 related to this Promotion; (vi) any inability of a winner to accept a prize for any reason; or (vii) the inability to award all or any part of a prize due to errors, delays or interruptions due to Acts of God, natural disasters, terrorism, weather or any other similar event beyond Sponsor’s reasonable control. By participating in this Promotion, participants (and if participants is under the age of majority in their state of legal residence, participant’s parent or legal guardian) releases Sponsor, Brevard Music Center, Transylvania County Tourism Development Authority, and their respective parents, subsidiaries, affiliates, shareholders, members, managers, officers, agents, printers, distributors, and advertising agencies, and their employees, agents, and consultants, from any and all liability for any accident, loss, tax liability, injury, death or damage of any kind, arising from participant’s participation in this Promotion, or in any Promotion related activity, or resulting from acceptance, possession, use or misuse of any prize, or while traveling to and/or from a location as part of or to obtain or use a prize. Without limiting the foregoing, all prizes are provided “as is” without warranty of any kind, either express or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
10. CONTEST REPRESENTATIONS AND WARRANTIES/INDEMNIFICATION. By entering the Contest, participant represents and warrants as follows: (i) the Entry is the participant’s sole, original work, and participant holds the sole and exclusive rights to the Entry; (ii) the Entry was created solely by the participant for the purpose of entering the Contest; (iii) no part of the Entry has been previously published, distributed or otherwise exploited; (iv) the Entry does not and will not violate or infringe upon the copyright, trademark, privacy, publicity, or other personal or proprietary rights of any person or entity; (v) the Entry does not contain any computer virus and is otherwise uncorrupted; (vi) the Entry does not and will not violate any applicable laws or applicable publishing/posting standards or requirements; (vii) the Entry is not and will not be defamatory or libelous, and as of the date of submission, is not the subject of any actual or threatened litigation or claim; and (viii) the Entry otherwise complies with all of the requirements and conditions of the Official Rules, including, without limitation, all those requirements and conditions listed in section 4 of these Official Rules. Participant hereby agrees to indemnify and hold Sponsor, Brevard Music Center, Transylvania County Tourism Development Authority, and their respective parents, subsidiaries, affiliates, shareholders, members, managers, officers, directors, agents, representatives, printers, distributors, and advertising agencies, and their employees, agents, and consultants, harmless from and against any and all third-party claims, actions or proceedings of any kind and from any and all damages, liabilities, costs and expenses relating, in whole or in part, directly or indirectly, to or arising out of any breach or alleged breach of any of the warranties, representations or agreements of participant hereunder. If participant is a minor in his or her state of legal residence and is selected as a potential Finalist, prior to participating as a Finalist, participant’s parent or legal guardian will be required to acknowledge all of the foregoing in writing on the minor’s behalf and will be required to further acknowledge that the minor and parent/legal guardian shall be bound thereby.
11. CONTEST GRANT OF RIGHTS. By participating in the Contest, participant (and if participant is under the age of majority in their state of legal residence, participant’s parent or legal guardian) irrevocably grants Sponsor, its subsidiaries, divisions, affiliates, and advertising and promotional agencies, an unlimited, worldwide, perpetual, non-exclusive, royalty-free, unconditional license and absolute right to edit, modify, adapt, distribute, stream, post, publish, broadcast, reproduce, store, copy, transmit, publicly display, exhibit, exploit and/or otherwise use the Essay in whole or in part, and copyrights therein, in any way and in any and all media, in Sponsor’s sole discretion, including but not limited to, the posting of the Entry (in whole or in part) on the Website, social networking sites or any websites owned or operated by Sponsor or its affiliates, divisions or subsidiaries. Upon Sponsor’s request, participant (and if participant is under the age of majority in their state of legal residence, participant’s parent or legal guardian) agrees to sign any and all legal forms deemed necessary by Sponsor to irrevocably assign, convey and transfer to Sponsor any and all right, title and interest in and to the Essay, including without limitation, all copyrights associated therewith, or that Sponsor may otherwise reasonably require in order to effectuate the purposes and intents of these Official Rules.
12. DISPUTE RESOLUTION. Any and all disputes with respect to this Promotion will be resolved in the appropriate courts in the State of North Carolina exclusively, and subject to the laws of the State of North Carolina, without regard to conflicts of laws principles. Should there be a conflict between the laws of the State of North Carolina and any other laws, the conflict will be resolved in favor of the laws of the State of North Carolina. By entering, participant consents to the exclusive jurisdiction and venue of the federal, state and local courts located in/for Asheville, North Carolina. If any provision of these Official Rules is determined by a court of competent jurisdiction to be invalid or unenforceable, such determination shall not affect the validity or enforceability of any other provision. Except where prohibited, by entering this Promotion, participant agrees that: (i) any and all disputes, claims, and causes of action arising out of or connected with this Promotion, or any prize awarded, or the determination of the winners, shall be resolved individually, without resort to any form of class action; (ii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in this Promotion, but in no event attorneys’ fees; and (iii) under no circumstances will participant be permitted to obtain awards for, and participant hereby waives all rights to claim, punitive damages, incidental damages, consequential damages or any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. (NOTE: Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above may not apply to you.)
13. WARNING. ANY ATTEMPT BY PARTICIPANT OR ANY OTHER PERSON TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THIS PROMOTION MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEYS’ FEES) FROM ANY SUCH PARTICIPANT OR OTHER PERSON TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING SEEKING CRIMINAL PROSECUTION.
14. SPONSOR/OPERATOR. Promotion sponsor/operator: FlyLady & Company, Inc.,132 Commerce Street # 8, Brevard NC 28712 (“Sponsor”).
15. WINNERS LIST. For name of Promotion Grand Prize Winner, send a self-addressed, stamped, business-size envelope to: 2012 Win a Weekend with FlyLady Promotion Winner, 235 Commerce Street, Brevard, NC 28712, by April 1, 2013. Information regarding scores awarded by judges for Contest Entries will not be available. (Winner list requests originating from Canada may omit the stamp on the return envelope.)