OFFICIAL RULES
NO PURCHASE NECESSARY
1. ELIGIBILITY/DATES:
Seek Adventure Video Contest (the "Contest") is sponsored by Gemini Cosmetics, 152 West 57th St., New York, NY 10019 ("Sponsor"). The Contest is open to legal residents of the fifty (50) United States and the District of Columbia who are 17 years of age or older at the time of entry. Professional videographers and employees of Sponsor and its respective affiliates, parents, subsidiaries, and advertising and promotion agencies involved with this Contest, and the immediate family members and/or those living in the same household of each are not eligible to enter or win. All determinations of eligibility made by Sponsor in its sole discretion. Contest will begin on June 6, 2008 at 12:00:01 PM (ET) and end on July 31, 2008 at 11:59:59 PM (ET). There will be one (1) Entry Period (the "Entry Period") as listed below. During the Contest there are a series of events within each Entry Period which start and end on or about the dates and times noted below. Events start at 12:00:01 AM ET and end at 11:59:59 PM ET on dates noted
EVENTS |
Entry Period |
|---|---|
| VIDEO SUBMISSION PERIOD | 6/6-7/31/08 |
| PUBLIC VOTING PERIOD/JUDGING | 6/6-8/10/08 |
| PUBLIC VOTING ON FINALISTS TO SELECT WINNERS | 8/11-8/21/08 |
| WINNERS ANNOUNCED | 8/22/08 |
2. PURPOSE OF CONTEST:
The purpose of this Contest is for the entrant (“Entrant”) to submit a video of his/her adventure (“Entry”). Group Entries will not be accepted (e.g., although different individuals might have taken part in the making of an Entry, and more than one individual may appear in the Entry, only one individual may be considered to have produced and submitted the Entry). If a video includes more than (1) participant, any prize won will be awarded in the name of the Entrant. Sponsor accepts no responsibility for splitting any prize won or settling any disputes among participants in respect to the Contest. The Entrant must have signed permission by all other participants of the video to participate in the Contest.
3. HOW TO ENTER/JUDGING CRITERIA:
Visit www.seekadventure.com (the "Website") and follow all entry instructions to complete and submit the online entry form and how to upload your video for the Contest during the Entry Period. Normal Internet access and usage charges imposed by your on-line service provider will apply. The Website's database clock will be the official time keeper of this Contest. For purposes of these Official Rules ("Rules"), all times are Eastern Time. Limit one entry per person per entry period. All Entries become Sponsor's property and will not be returned or acknowledged. It is your sole responsibility to notify the Sponsor in writing if you change your e-mail address or mailing address ("Address"). Sponsor reserves the right to determine in its sole discretion which Entries have satisfied the entry requirements. Sponsor will not notify Entrants whether or not their Entry has been rejected or accepted. Contestants are advised to retain a copy of their Entry for their records because the Entry that is submitted will not be acknowledged or returned. Per the schedule listed above, during each Entry Period, the top 10 Entries (“Finalists”) will be determined using a combination of public voting (50%) and voting by an independent panel of judges (50%). The judges will review each eligible entry using the following criteria, weighted equally: (1) excitement level of adventure, and (2) originality of adventure. In the event of a tie, Entry with the highest score for “excitement level of adventure” will be deemed the winner. The Finalists are then voted on by the public to select one (1) Grand Prize Winner, one (1) First Prize and (1) Second Prize winner in each Entry Period. There will be a total of four (4) Grand Prize winners, four (4) First Prize and four (4) Second Prize Winners throughout the Contest. The public will be requested to vote using the same judging criteria set forth above. There is no limit on voting. In the event of a tie at this level, tied Entries will be interviewed by the Judges, and the decisions of the judges are final.
4. ENTRY REQUIREMENTS/CLEARANCES:
Each Entry must be the original work of the Entrant, may not have been previously published, may not have won previous awards, and must not include or infringe upon the copyrights, trademarks or logos (such as company names, music, photographs, works of art, or images published on or in websites, television, movies, or other media) rights of privacy, publicity or other intellectual property or other rights of any person or entity. The Entry must not use individuals’ names, in whole or in part (including the entrant’s last name) without permission; refer to public figures; contain materials embodying the names, likenesses, photographs, or other identifying elements of any person, living, or dead without permission. If the video contains any material or elements that are not owned by the Entrant and/or are subject to the rights of third parties, the Entrant is responsible for obtaining, prior to submission of the video, any and all releases and consents necessary to permit the use and exhibition of the video by Sponsor in the manner set forth in these Official Rules, including, without limitation, name and likeness releases for any person who appears in or is identifiable in the video (collectively, the "Clearances"). By submitting a video, Entrant warrants and represents that he/she consents to the submission and use of the video in the Contest, and to its posting on the Internet in connection with the Contest. The video must not, in the sole and unfettered judgment of the Sponsor, contain any sexually explicit, disparaging, libelous or other inappropriate content or nudity. In the event any submission contains any material or suggests any material that, in the sole and unfettered judgment of the Sponsor, is sexually explicit, disparaging, and libelous, or constitutes abusive language or other inappropriate content or nudity, the Sponsor will immediately disqualify the Entrant. Sponsor and/or their designated representatives, will review all Entries received during an Entry Period and will only post those Entries on the Website located at www.seekadventure.com that conform to these Official Rules and the Terms of Use and Privacy Policy (collectively, the "Official Rules”), as determined by the Sponsor and/or Administrator in their sole discretion.
5. RIGHT TO DISQUALIFY:
The Sponsor reserves the right, in its sole and unfettered discretion, to disqualify and remove at any time during the Contest any video that potentially or actually infringes any third party's copyright(s). Sponsor reserves the right, in its sole and unfettered discretion, to disqualify and remove any video that it believes contains any sexually explicit, disparaging libelous or inappropriate content, is not suitable for publication, infringes the rights of any third party or otherwise does not meet any other requirements in these Official Rules. Sponsor further reserves the right, in its sole and unfettered discretion, to verify at any time during the Contest that all necessary Clearances have been obtained and to disqualify and remove any video if it believes that the necessary Clearances have not been obtained.
6. PRIZES AND APPROXIMATE RETAIL VALUES ("ARV"):
A different Grand Prize,
First Prize and Second Prize will be awarded in each Entry Period. At the start of each
Entry Period, Sponsor will determine the Grand Prize, First and Second Prizes for that
Entry Period from among the following sets of prizes (one (1) Grand Prize, one (1) First
Prize and one (1) Second Prize per Entry Period) on www.seekadventure.com Grand Prize – one (1) per Entry Period:
one (1) Grand Prize of a five (5) day/four (4) night trip for winner and one (1) guest, to Kennedy Space Center in Orlando, FL, or Las Vegas, NV, (“City”) for travel on Sponsor-selected dates (“Trip”), consisting of the following elements:
- [a] hotel accommodations for two (2) persons (one standard room/double occupancy, including room tax) for four (4) nights;
- [b] if winner’s residence is located more than two hundred fifty (250) miles from City, round-trip coach air transportation for two (2) between a Sponsor-selected major airport near winner’s residence (“airport of origin”) and a Sponsor-selected major airport in or near the City;
- [c]airport/hotel transfers;
- [d] an opportunity to go on a Zero Gravity Space Mission at Florida's Kennedy Space Center. (Approximate Retail Value ("ARV"): $11,000 which will vary depending upon points of departure and destination and seasonal fluctuation of hotel rates and airfares.;
- [a]hotel accommodations for two (2) persons (one standard room/double occupancy, including room tax) for four (4) nights;
- [b] if winner’s residence is located more than two hundred fifty (250) miles from City, round-trip coach air transportation for two (2) between a Sponsor-selected major airport near winner’s residence (“airport of origin”) and a Sponsor-selected major airport in or near the City;[
- [c]airport/hotel transfers;
- [d] an opportunity to prepare for and complete a stimulated flight in a jet fighter and star in your own short film. ARV: $11,950 which will vary depending upon points of departure and destination and seasonal fluctuation of hotel rates and airfares.;
- [a] hotel accommodations for two (2) persons (one standard room/double occupancy, including room tax) for four (4) nights;
- [b] if winner’s residence is located more than two hundred fifty (250) miles from City, round-trip coach air transportation for two (2) between a Sponsor-selected major airport near winner’s residence (“airport of origin”) and a Sponsor-selected major airport in or near the City;
- [c] airport/hotel transfers;
- [d] an opportunity to learn the basics of high-performance boating from Miami Beach to Key Largo/Islamorada. ARV: $12,150 which will vary depending upon points of departure and destination and seasonal fluctuation of hotel rates and airfares.;
- [a] hotel accommodations for two (2) persons (one standard room/double occupancy, including room tax) for four (4) nights;
- [b] if winner’s residence is located more than two hundred fifty (250) miles from City, round-trip coach air transportation for two (2) between a Sponsor-selected major airport near winner’s residence (“airport of origin”) and a Sponsor-selected major airport in or near the City;
- [c] airport/hotel transfers;
- [d] an opportunity to go on a shark dive. ARV: $13,650 which will vary depending upon points of departure and destination and seasonal fluctuation of hotel rates and airfares.
First Prize – one (1) per Entry Period: A portable GPS. ARV: $200-$300 each.
Second Prize – one (1) per Entry Period: A travel-oriented item provided by Outside Magazine. ARV: $200-$300 each.
Total “ARV” of all prizes: $51,150. Airline carrier and hotel regulations and conditions apply. All expenses not specifically mentioned herein are not included and are solely winner's responsibility, including but not limited to: roundtrip transportation between winner’s residence and the hotel if winner resides within two hundred fifty (250) miles from the City; round-trip transportation between winner’s residence and any airport of origin; room service; parking fees; laundry service; food; mini-bar charges; merchandise; souvenirs; telephone calls; tips; gratuities; and service charges. Travel and lodging are subject to availability, certain restrictions, blackout dates and Sponsor’s approval; and Trip must be taken on Sponsor-selected dates or prize may be forfeited to an alternate. Tickets issued in conjunction with prize are not eligible for frequent flyer miles; no code share flights may be used and prize cannot be used in conjunction with any other promotion or offer. Limit one Grand Prize per person. Prize elements may not be separated. Prizes consist of only those items specifically listed as part of the prize. Sponsor reserves right to substitute prizes of equal or greater values. No other substitutions or transfers of prizes permitted. Sponsor is responsible only for prize delivery; not responsible for prize utility, quality or otherwise. Taxes and fees, if any, are the sole responsibility of prize winners. In the event that any portion of any prize is cancelled or postponed for any reason, Sponsor will have no obligation to award compensation in lieu thereof, and the remainder of the prize will be awarded. By accepting prize, prize winners agree to use of their names, hometowns, likenesses, and/or prize information for promotional purposes in any medium without additional compensation to the extent permitted by law, any such use with respect to minors to be subject to prior approval of parent or legal guardian.
7. VERIFICATION OF WINNERS AND DELIVERY OF PRIZES:
All prize winners will be required to sign affidavits of eligibility and liability releases and, where permitted, publicity releases. Any participant in the video who is not the Entrant will be required to sign a liability release and, where permitted, publicity release. Any trip participant must sign a travel release. Any prize may be awarded to an alternate winner if any required affidavit/release is not returned within seven (7) days after mailing or if prize notification or prize is returned as undeliverable. BY ACCEPTING PRIZE, WINNER ACCEPTS THE INHERENTLY DANGEROUS NATURE AND RISK IN ATTENDING ANY ONE OF THE GRAND PRIZE TRIPS, INCLUDING PERSONAL INJURY AND/OR DEATH, ACKNOWLEDGES THAT HIS/HER PARTICIPATION IN THE PRIZE EVENT IS VOLUNTARY, ACKNOWLEDGES THAT THERE ARE NATURAL FACTORS AND OCCURRENCES WHICH MAY IMPACT ON OR AFFECT THE SAFETY OF THE ACTIVITIES HE/SHE IS PARTICIPATING IN AND HE/SHE ASSUMES THE RISK OF SUCH FACTORS AND OCCURRENCES AND AGREES THAT SWEEPSTAKES PARTIES SHALL NOT BE IN ANY WAY RESPONSIBLE FOR ANY RESULTING INJURY AND/OR DEATH.
8. GENERAL RULES:
The Contest is governed by and subject to the laws of the United States. All federal, state, and local laws and regulations apply. Void where prohibited by law. All winners will be notified by mail or telephone at the contact information provided at the registration site and must sign and return any applicable documentation deemed necessary by Sponsor. By entering the Contest, Entrants release Sponsor, Korey Kay & Partners, Phillips-Van Heusen Corporation, participating prize providers, and any of their respective parent companies, subsidiaries, affiliates, directors, officers, employees and agencies (collectively, the "Promotion Entities") harmless against any and all claims and liability arising out of participation in the Contest or any Contest-related activity, including from winner's use or misuse of a prize. Winners assume all liability for any injury or damage caused, or claimed to be caused, by participation in this Contest or use/redemption of any prize. Entrant agrees to be bound by these Official Rules and the decisions of the judges which are final and binding on all matters relating to this Contest. Sponsor is not responsible for any typographical or other error in the printing of the offer, administration of the Contest or in the announcement of the prizes. Sponsor is not responsible for any electronic transmission errors resulting in omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to or alterations of entry materials, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions or limitations of any kind, or inaccurate transmissions of or failure to receive entry information by Sponsor or presenter on account of technical problems or traffic congestion on the Internet or at any website or any combination thereof. If for any reason the Internet portion of the program is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Sponsor which corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Contest, then, subject to any governmental approval which may be required, Sponsor shall have the right to modify, suspend, or terminate the Contest. SPONSOR RESERVES THE RIGHT IN ITS SOLE AND UNFETTERED DISCRETION TO DISQUALIFY ANY PERSON WHO TAMPERS OR IS SUSPECTED OF TAMPERING WITH THE ENTRY AND/OR VOTING PROCESS. SPONSOR RESERVES THE RIGHT IN ITS SOLE AND UNFETTERED DISCRETION TO DISQUALIFY ALL VOTES FROM VOTERS THAT ARE DEEMED TO BE FRAUDULENT. CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE ANY WEBSITE, INCLUDING BUT NOT LIMITED TO, THE REGISTRATION SITE, OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND OR OTHER RELIEF FROM ANY SUCH ENTRANT TO THE FULLEST EXTENT OF THE LAW.
9. GRANT OF RIGHTS:
Each Entrant into the Contest irrevocably assigns and transfers all rights, title and interest in the Entry to Sponsor, including, without limitation, all copyrights, and all rights incidental, subsidiary, ancillary or allied thereto (including, without limitation, all derivative rights) in and to the Entry for exploitation throughout the universe, in perpetuity, by means of any and all media and devices whether now known or hereafter devised. Each Entrant gives Sponsor the right to publish, use, adapt, edit and/or modify his/her Entry in any way, in any and all media and without consideration to Entrant or other identifiable persons depicted in the video, for any purpose which Sponsor deems necessary or desirable, and each Entrant irrevocably waives any and all so-called moral rights they may have herein. By entering Contest and/or accepting prize, Entrant irrevocably grants permission to the Promotion Entities and their agencies to use Entrant's name, likeness, biographical information and Entry, in any and all media for any purpose, including without limitation, for purposes of advertising, publicity and promotional purposes as well as in, on or in connection with the Registration Site or the Contest, without further compensation to entrant, unless prohibited by law.
10. NO OBLIGATION TO USE:
Sponsor shall have no obligation (express or implied) to use any Entry, or to otherwise exploit any Entry or, if commenced, to continue the distribution or exploitation thereof, and Sponsor may at any time abandon the use of the any Entry for any reason, with or without legal justification or excuse, and entrants shall not be entitled to any damages or other relief by reason thereof.
11. WINNERS' LIST:
Winners will be posted after selection and verification of winners at seekadventure.com.
12. PRIVACY POLICY:
By participating in this Contest, entrants agree to Sponsor's use of their personal information for both online and offline direct marketing purposes. You may review Sponsor's Privacy policy at seekadventure.com/privacy. Your personal information may be shared with the other Sweepstakes Parties. The individual Sweepstakes Parties are solely responsible for their use of this information.
13. Phillips-Van Heusen Corporation has no responsibility regarding the conduct or the administration of this Contest. Phillips-Van Heusen Corporation is solely a prize provider and licensor of IZOD Fragrance.