SEND ME TO THE ULTIMATE PARTY: MAXIM HOT 100 CONTEST
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS CONTEST. VOID WHERE PROHIBITED, TAXED OR RESTRICTED. The Send Me To The Ultimate Party: Maxim Hot 100 Contest (this “Contest”) begins at 05:10:59 PM Eastern Time on May 16, 2012 and ends at 11:59:59 PM Eastern Time on May 20, 2012 (the “Contest Period”). AMG may, in its sole discretion, extend the end date of the Contest Period, by posting notice here.
ELIGIBILITY. This Contest is open to legal residents of the 48 contiguous United States and District of Columbia (the “Eligibility Area”) who are twenty-one (21) years of age or older at the time of entry and can enter into valid contracts in their state of legal residence. Only individuals may enter; no entry from any corporation or other entity shall be accepted. This Contest is VOID outside of the Eligibility Area and where otherwise taxed, prohibited or restricted. Employees, officers and directors of Alpha Media Group Inc. (“AMG”), Frito-Lay North America, Inc. (“Sponsor”), their respective affiliates, subsidiaries, sponsors, advertising, fulfillment, marketing agencies, public relations firms, consultants and contractors, their immediate families (defined as spouse, child, sibling, parent or grandparent) and those living in their same households are ineligible to participate in this Contest. By submitting an entry, each contestant: (1) agrees to these Official Rules, and the decisions of AMG, which shall be binding and final in all respects; (2) acknowledges that neither AMG nor Sponsor have made nor are in any manner responsible or liable for any warranty, representation, or guarantee, expressed or implied, in fact or in law, relating to any prize; and (3) warrants that he/she is eligible to participate in this Contest.
HOW TO ENTER. To enter this Contest, go to http://www.maxim.com/rufflesultimateparty to reach the official entry information. Follow the instructions there and provide your name, home address, e-mail address, phone and cell numbers, and also tell us the most legendary or epic story you share with or have experienced with your circle of friends. Online entries must be received by 11:59:59 PM Eastern Time on May 20, 2012 to be eligible. The submission must be the contestant’s original work and must not have been copied in whole or in part from any other work. Submissions must not incorporate or include any illegal, offensive or harmful content or anything that violates any law or the copyright, trademark, publicity rights, privacy rights or any other rights of any third party. AMG may require sufficient written documentation to establish that a contestant has properly obtained lawful permission to incorporate names, voices, signatures, photographs, likenesses, identities, persons or materials used in the submission or that the same are in the public domain. Entries received by AMG after the end of the Contest Period will be discarded and deemed void. Proof of entering the Contest online and/or proof of delivery will not be deemed to constitute receipt of entry by AMG. No changes to any entry information will be permitted once submitted. No mechanically reproduced entries are permitted. All entries become the property of AMG and will not be acknowledged or returned. LIMIT ONE ENTRY PER PERSON PER HOUSEHOLD.
PRIZE(S). One (1) Grand Prize winner will be awarded one (1) three day/two night trip for Grand Prize winner and three (3) guests to Maxim’s Hot 100 party in New York, New York. The Grand Prize includes roundtrip coach airfare for four (4) people (airline to be selected within the sole and absolute discretion of AMG), transportation to and from airport and hotel and hotel and party, accommodations for two (2) nights (double occupancy) at a hotel to be selected and determined in the sole and absolute discretion of AMG, and entry into the Hot 100 party. (Approximate retail value: $5,000.00, depending on city of origin and time of trip). The Grand Prize winner and his/her travel companions must travel together on the same itinerary and must depart from the major airport closest to the winner’s home. If the Grand Prize winner lives within 250 miles of New York, New York, the Grand Prize will not include air transportation and no substitution or compensation will be provided in lieu thereof. Trip must be taken on or around May 24, 2012 or the trip will be forfeited in its entirety, and no substitution or cash equivalent will be offered (with actual travel dates to be determined in the sole and absolute discretion of AMG). All expenses not specified above, including, but not limited to, meals, beverages, mini-bar, souvenirs, gratuities, insurance, personal services, incidentals, etc., are the sole responsibility of the Grand Prize winner. All trip reservations and accommodations will be as designated by AMG, and are subject to black-out dates and availability. The Grand Prize winner and his/her travel companions must possess required photo identification documents necessary for travel prior to ticketing. Winner will be responsible for all applicable taxes, fees, and/or any other expenses associated with acceptance and/or taking delivery of the prizes. Prizes are not redeemable for cash, and no substitution, assignment or transfer of any prize will be permitted, except that AMG reserves the right, in their sole discretion, to substitute any prize with either the cash value of the prize that would have been awarded, or a prize of equal or greater value. A purchase will not improve your chances of winning. Neither Sponsor nor AMG shall be responsible or liable for the Grand Prize winner’s inability or failure to utilize the prize on the specific dates offered, or if any part of the trip’s itinerary is unable to take place as planned, for any reason, beyond the control of the Sponsor or AMG, including but not limited to service provider cancellation, scheduling conflicts, political conflicts or war or an event of force majeure. Such an event may also make delivering remaining components of the prize impossible, and Winners acknowledge that no trip insurance has been acquired on his/her behalf to cover such event, and Sponsor’s and AMG’s obligation to the Winners will be nonetheless deemed fulfilled, with no other additional compensation to be provided.
JUDGES AND CRITERIA. Each eligible entry will be judged by editors of AMG (“Judges”). Entries will be judged based on originality, creativity, humor, and adherence to instructions. The selection of the winning Entry shall be within the sole and absolute discretion of the Judges, and all such decisions shall be final.
WINNER SELECTION. On or about May 21, 2012, the winner will be selected by the Judges from all eligible entries received. Prize will only be issued upon validation and verification by AMG. The potential winner will be notified by electronic mail and telephone on or about May 21, 2012. If the initially selected winner is ineligible, or cannot be contacted after two (2) attempts by AMG within 24 hours, or fails to complete and return any required documents to AMG within 24 hours of receipt of the documents, the prize will be forfeited and an alternate winner will be selected by the judges from the remaining eligible entries. Each potential prize winner and their travel companions will be required to sign and return a notarized Affidavit of Eligibility/Compliance (including his/her Social Security Number if required for tax reporting purposes) and a Liability/Publicity Release, as allowed by law, within 24 hours of receipt of the documents or his/her prize will be forfeited, and an alternate winner may be selected by the judges from the remaining eligible entries, if time allows. No winner or travel companion will be provided the prize without timely submission of the required documents.
ORIGINAL WORK; LICENSE TO AMG TO USE WORK. Each contestant represents and warrants that his/her entry is original, that he/she is the sole author with the full power to submit the entry and to grant the licenses herein to AMG, and that his/her entry has never been published and has not previously won any other contest award. By submitting an entry to AMG, each contestant grants to AMG and Sponsor a perpetual, irrevocable, nonexclusive, fully-paid, royalty-free license to use, reproduce, display, distribute, publish, modify and create derivative works from the contestant’s submission in any media now known or hereafter developed. Each contestant hereby waives any opportunity or right to inspect or approve his/her submission and/or the final product in which it may be used or incorporated. Each contestant hereby releases AMG and the Sponsor from all claims now or hereafter existing which may arise from any use, non-use or editing of the contestant’s submission.
GENERAL CONDITIONS. Where permitted by law, winner grants AMG, Sponsor and their designees the right to use and publish their proper name and state of residence in connection with this Contest. Acceptance of any prize also constitutes permission for AMG, Sponsor, their subsidiaries and affiliates to use any prize winner’s name, likeness and/or biographical information for advertising, trade, publicity and promotional purposes in any media now known or hereafter devised without review, notification, approval, or compensation, unless otherwise prohibited by law.
DISQUALIFICATION. Any false information provided by any contestant concerning his/her identity, mailing address or ownership of right or any non-compliance by a contestant with these Officials Rules may result in the immediate disqualification of the contestant from this Contest. AMG further reserves the right to disqualify any submission that it believes, in its sole discretion, is offensive or harmful, violates any law, infringes, violates or misappropriates any intellectual property or the privacy or publicity rights of a third party, or otherwise does not comply with these Official Rules. Persons found tampering with or abusing any aspect of this Contest, as solely determined by AMG, will be disqualified. If disqualified, AMG reserves the right to terminate the contestant’s eligibility to participate in this and future promotions and contests of AMG or any of its subsidiaries or affiliates. ANY ATTEMPT BY A CONTESTANT OR ANY OTHER INDIVIDUAL TO UNDERMINE THE LEGITIMATE OPERATION OF THIS CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, AMG RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. In the event this Contest is challenged by any legal or regulatory authority, AMG reserves the right to terminate the Contest, or to disqualify contestants residing in the affected geographic areas. In such event, AMG shall have no liability to any contestants who are disqualified due to such an action. In the event any portion of this Contest is compromised by any non-authorized human intervention, actions of contestants, or other causes beyond the control of AMG which, in the sole opinion of AMG, corrupt or impair the integrity, administration, security, or operation of this Contest, AMG reserves the right, at its sole discretion, to suspend, modify, abbreviate or terminate the Contest without further obligation. If AMG elects to abbreviate the Contest, winner(s) will be determined from all eligible entries received prior to the action or compromise giving rise to the suspension or termination of this Contest.
DISCLAIMER; LIMITATION OF LIABILITY. NEITHER AMG NOR SPONSOR ARE RESPONSIBLE OR LIABLE FOR: (1) ANY TYPOGRAPHICAL OR PRINTING ERRORS IN THE OFFER, ADMINISTRATION OF THIS CONTEST, OR IN THE ANNOUNCEMENT OF PRIZES; (2) LATE, LOST, ILLEGIBLE, INCOMPLETE, STOLEN, MISDIRECTED, OR POSTAGE-DUE MAIL; (3) INCORRECT OR INACCURATE ENTRY INFORMATION, WHETHER CAUSED BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED IN THIS CONTEST OR BY ANY HUMAN ERROR WHICH MAY OCCUR IN THE PROCESSING OF THE ENTRIES IN THIS CONTEST; (4) ANY TECHNICAL ERRORS INCLUDING, BUT NOT LIMITED TO, TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS, OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF ANY E-MAIL ON ACCOUNT OF TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR AT ANY WEBSITE, OR ANY COMBINATION THEREOF; OR (5) ANY OTHER ERRORS IN THE ADMINISTRATION OF THE CONTEST. IN NO EVENT WILL AMG, SPONSOR, THEIR SUBSIDIARIES OR AFFILIATES, OR ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, EXEMPLARY, EXPECTATION, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THIS CONTEST, ANY ACCEPTANCE, POSSESSION, USE OR MISUSE OF THE PRIZE(S) AWARDED IN CONNECTION WITH THIS CONTEST, OR CLAIMS BASED ON PUBLICITY RIGHTS OR INVASION OF PRIVACY.
INDEMNIFICATION; RELEASE. By participating in this Contest, each contestant releases and agrees to indemnify and hold AMG, the Sponsor, their subsidiaries and affiliates, and its and their respective officers, directors, employees and agents harmless from any and all liability, claims or actions of any kind whatsoever arising out of the contestant’s entry and/or participation in this Contest, use by AMG or the Sponsor of contestant’s submission, contestant preparing for, participating in, and/or traveling to and from taking delivery of any prize or any prize-related activity, and contestant’s acceptance, possession, use or misuse of a prize. Except where prohibited, each contestant agrees that any and all disputes which cannot be resolved between or among the parties and any claims or causes of action arising out of or connected with this Contest, any prize awarded, or the determination of winners shall be resolved individually, without resort to any form of class action. This indemnification and release section survives expiration of the Contest Period.
DISPUTES; BINDING ARBITRATION. The parties hereby waive their rights to trial by jury in any action or proceeding instituted in connection with these Official Rules and/or this Contest. Any controversy or claim arising out of or relating to these Official Rules and/or this Contest shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Nashville, Tennessee, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Should there be a conflict between the laws of the State of Tennessee and any other laws, the conflict will be resolved in favor of the laws of the State of Tennessee Any and all disputes that arise relating to this Contest must be filed within one (1) year from the date that the winner(s) is announced.
GENERAL INFORMATION. The failure to exercise or enforce any right or provision of these Official Rules shall not constitute a waiver of such right or provision. If any part of these Official Rules is held by a court of competent jurisdiction to be invalid or unenforceable, that part will be enforced to the maximum extent permitted by law, and the remainder of these Official Rules will remain fully in force. AMG reserves the right to terminate, change or amend this Contest or these Official Rules at any time, for any reason.
OFFICIAL RULES; LIST OF WINNERS. For a copy of these Official Rules or a list of the winners, send a self-addressed, stamped envelope no later than July 15, 2012 to: Send Me To The Ultimate Party: Maxim Hot 100 Contest, c/o Alpha Media Group Inc. Inc., 415 Madison Avenue, 3rd Floor, New York, NY 10017. Residents of WA and VT may omit return postage.
Sponsored By: Frito-Lay North America, Inc.
©2012 Alpha Media Group Inc.