Thank you for entering the Smiles That Rock contest, presented by Crest 3D White.
Become a fan of Crest 3D White on Facebook today by "liking" their page, and be sure to let Crest 3D White know on their wall why your smile rocks!
"SMILES THAT ROCK" CONTEST OFFICIAL RULES
Sponsored by Billboard
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
1. Eligibility: Promotion is open only to legal residents of the 50 U.S. states and Washington DC (except Puerto Rico), who are at least eighteen (18) years of age at the time of entry. Employees of Billboard ("Sponsor"), and MSLGROUP and Procter & Gamble. ("Crest") or any other party associated with development or administration of this Promotion, and each of their respective parent companies, subsidiaries, respective affiliates, advertising and public relations agencies and each of their immediate family members as well as individuals living in the same households of such employees are ineligible. Promotion is void where prohibited by law or regulation, and is subject to all applicable Federal, State, and local laws and regulations. By entering, participants agree to be bound by these official rules.
2. To Enter: Visit Billboard.com during the Promotion Period and complete and submit the online registration anytime between 12:01 AM Eastern Time (ET) on November 8, 2011 and 11:59 PM ET on November 17, 2011 (the "Promotion Period"). The Sponsor's computer shall be the official time-keeping device for the Promotion Period. Limit one entry per person. Anyone submitting multiple registrations/entries or invalid personal information may be disqualified from Promotion drawing. Registrations/entries must be complete and received during the Promotion Period to be eligible.
a. Entrants must upload their photo to the contest landing page on Billboard.com.
b. Each submitted photograph, in its entirety, must be a single work of original material taken by the Contest entrant.
c. The photograph and cover line must not, in the sole and absolute discretion of the Sponsors, contain obscene, provocative, defamatory, sexually explicit, or otherwise objectionable or inappropriate content. Photographs deemed inappropriate will be disqualified.
d. If the photograph contains any material or elements that are not owned by the entrant and/or which are subject to the rights of third parties, and/or if any persons appear in the photograph, the entrant is responsible for obtaining, prior to submission of the photograph, any and all releases and consents necessary to permit the exhibition and use of the photograph in the manner set forth in these Official Rules without additional compensation. If any person appearing in any photograph is a minor in their state/province/territory of residence the signature of a parent or legal guardian is required on each release. If entrant is unable to provide all required personal releases, upon request by Sponsor and in the form provided by Sponsor, then the entry may be disqualified. Entrant does not need to send the release with the entry. If entrant wins, Sponsor will contact entrant if personal releases are needed.
Winners will also be required to provide a statement as to "why they believe their smile rocks and makes them feel confident" (the "Testimonial") for use by Crest as set forth below. A Testimonial must be provided by a potential winner but will not be used to select a Winner.
3. Winner Selection and Notification: On or about November 16, 2011, winner will be selected by Billboard.com's editorial staff selecting from among all eligible entries received. A panel of Billboard.com editors ("Judges") will each review all entries and select a winner and a runner-up on the basis of originality, creativity and expressiveness. Decisions of the Judges are final and binding. Sponsor reserves the right not to award the prize in the event an insufficient number of eligible entries meeting the minimum judging criteria are received, as determined by Sponsors and Judges in their sole discretion. Potential winner will be notified by Billboard, via email and/or phone, to the address and phone number provided during registration, with follow-up documentation sent via US mail or courier after email response is received. Potential winner must respond to the email notification within 2 days, and will be required to complete and have notarized an affidavit of eligibility. If a potential winner cannot be contacted, or does not respond within the 2 day period or the eligibility and liability/publicity release along with the Testimonial are not returned and received within 2 days of the date mailed to the potential winner, the prize will be forfeited and an alternate winner will be selected. Upon contacting a potential winner and determining that he/she has met all the eligibility requirements of the Promotion, including without limitation the execution of required waivers, publicity and liability releases and disclaimers, such individual will be declared the "Winner" of the Promotion. If Winner is 18 or over but deemed a minor under the jurisdiction of his/her residence, the prize will be awarded in the name of his/her parent or legal guardian who must execute the necessary affidavit and release and must accompany Winner on the trip (no additional travel expenses will be awarded should a parent or legal guardian be required to accompany the winner on the trip).
4. Prize: There will be one (1) Grand Prize. The Prize consists of a travel package ("Travel Package") and two (2) tickets (one for the Winner and one for one guest ("Guest")) to the Billboard Women in Music event in New York City on December 2nd, 2011 (the "Event"). Both Winner and Guest must be 18 years old on date of promotion entry. Locations and dates of events are subject to change. Travel Package includes: (a) roundtrip coach air transportation to the Event from a major airport within contiguous U.S. nearest the Winner's residence (as determined by Sponsor in its sole discretion) for the Winner and Guest who must travel together on same itinerary; (b) hotel accommodations for two (2) nights which includes one standard double occupancy room at a hotel selected by Sponsor in its sole discretion and will be based on availability at time of booking and ground transportation from airport to hotel and from hotel to airport; (c) a $500 American Express gift card; and (d) a year's worth of the entire award-winning Crest 3D White collection of products. If, in the sole judgment of Sponsor, air travel is not required due to Winner's proximity to prize location, ground transportation may be substituted for roundtrip air travel. A runner-up winner will receive a year's worth of the entire award-winning Crest 3D White collection of products. Winner must be able to travel on the dates specified by Sponsor or Prize will be forfeited and an alternate winner selected
Approximate retail value of the Prize is four thousand U.S. dollars ($4,000). Actual value may vary based on timing of trip, location of departure city, and assessment of prize elements publicly available. Difference between actual value and stated value will not be awarded in cash. Any other costs associated with the trip are at the Winner's discretion, and are not included. Winner is solely responsible for any federal, state, or local taxes on the value of the prize, and will be issued an IRS 1099-MISC tax form for the final value of the prize. Winner and guest are responsible for any other expenses not listed in these Official Rules. Prize or parts thereof may not be transferred or redeemed for cash, except as specified above. Except where otherwise expressly noted in these Official Rules, the selection of all vendors, prizes, products and services is subject to the Sponsor's sole and absolute discretion. Prize (and/or any potion thereof) is nontransferable and non-exchangeable. No substitutions or cash redemption of Prize is permitted except that Sponsor retains the right to substitute a Prize of equal or greater retail value (or at Sponsor's election, the cash value of the applicable prize). Additional restrictions may apply. All other expenses not specifically mentioned herein, including but not limited to; telephone, food & beverages, in-room services, gratuities, local ground transportation, and taxes, which amount to more than the rewarded spending money are the sole responsibility of the Winner and his or her Guest. All travel must be taken on the dates specified by the Sponsor; no alternative travel dates available. Winner and Guest must travel on same itinerary. Winner and Guest must both meet eligibility requirements set forth in Eligibility section of these Official Rules. Winner and Guest are responsible for obtaining, visas, passports, and any additional documentation necessary for travel to the destination. Winner and Guest must be able to legally travel to destination. If Winner is not legally eligible for travel to the destination, that Winner will be disqualified and prize will be forfeited in its entirety. Due to the nature of the Grand Prize, the Sponsor is not responsible to the Winner if the Event is cancelled. If a Prize element is not available for any reason, the remaining elements of the Prize shall constitute full satisfaction of Sponsor's Prize obligation to Winner. Winner and Guest will be required to complete a liability/publicity release before trip is booked. In no event will Sponsor be obligated to award more than the number of prizes stated in these Official Rules.
5. Submissions: By submitting a photo, Entrant represents and warrants that the photo is an original work created solely by entrant, is owned by the entrant, does not infringe or violate any copyright, trademark, right of privacy/publicity, or other right of any third party and no other party has any right, title or interest in the photo. Photos submitted may not include third party materials (including without limitation third party logos or trademarks), may not depict any third party (unless entrant submits a clearance from that third party); may not be obscene, vulgar or defamatory; may not depict any illegal activity; and may not disparage Sponsor, Crest or any other person or entity. By submitting a photo, entrant grants Sponsor and Crest the perpetual right without compensation or notice to entrant, to use, publish, adapt, edit and or modify the photo in any way and to use the photo in connection with the Promotion (including without limitation promoting the Promotion and identifying the photo as a winning photo, if applicable), in any media now or hereafter known (including, without limitation, on Billboard.com, on Billboard's Facebook page, and on Crest's Facebook page located at https://www.facebook.com/CrestWhitestrips). Without limiting the generality of anything else in the Official Rules, Winner may be required to sign additional documentation regarding use of the photo by Sponsor and/or Crest.
Upon Sponsor's request, each entrant must be prepared to provide a signed written personal release from all persons who appear in the photograph submitted, granting Sponsor and Crest the perpetual right, without compensation or notice to entrant, to use, publish, adapt, edit and or modify the photo in any way and to use the photo in connection with the Promotion (including without limitation promoting the Promotion and identifying the photo as a winning photo, if applicable) in any media now or hereafter known (including, without limitation, on Billboard.com, on Billboard's Facebook page, and on Crest's Facebook page located at https://www.facebook.com/CrestWhitestrips In addition, upon Sponsor's request, each entrant must be prepared to provide a signed written license from the copyright owner of any copyrighted material that appears in the photograph entry granting Sponsor and Crest the perpetual right, without compensation or notice to entrant, to use, publish, adapt, edit and or modify the photo in any way and to use the photo in connection with the Promotion (including without limitation promoting the Promotion and identifying the photo as a winning photo, if applicable) in any media now or hereafter known (including, without limitation, on Billboard.com, on Billboard's Facebook page, and on Crest's Facebook page located at https://www.facebook.com/CrestWhitestrips ).
By providing the Testimonial, the Winner grants Crest the perpetual right without compensation or notice to Winner, to edit, publish and otherwise use the Testimonial in any way in connection with the Promotion (including without limitation promoting the Promotion and attributing the Testimonial to the Winner ) in any media now or hereafter known (including, without limitation) on Crest's Facebook page located at https://www.facebook.com/CrestWhitestrips).
6. CONSENT AND RELEASE. By entering the Promotion, each entrant releases and discharges the Sponsor, Crest and any other party associated with the development or administration of this Promotion, their parent, subsidiary, and affiliated entities, and each of their respective officers, directors, members, shareholders, employees, independent contractors, agents, representatives, successors and assigns (collectively, "Sponsor Entities"), from any and all liability whatsoever in connection with this Promotion, including without limitation legal claims, costs, injuries, losses or damages, demands or actions of any kind (including without limitation personal injuries, death, damage to, loss or destruction or property, rights of publicity or privacy, defamation, or portrayal in a false light) (collectively, "Claims"). Except where prohibited: (i) acceptance of a prize constitutes the consent of any winner, without further compensation, to use the name and likeness of such winner for editorial, advertising and publicity purposes by the Sponsor and/or others authorized by the Sponsor; (ii) acceptance of a prize constitutes a release by any winner of the Sponsor Entities of any and all Claims in connection with the administration of this Promotion and the use, misuse, or possession of any prize; (iii) any potential winner may be required to sign an affidavit of eligibility (including social security number) and a liability/publicity release; (iv) if prize involves travel or activities, any potential winner and travel companion (if applicable) may be required to execute releases of the Sponsor from any and all liability with respect to participation in such travel/activities and/or use of the prize; and (v) entrants agree to the release of their name, phone number, zip code, birthday and email information to Billboard for winner notification purposes and for public winner disclosure as required by law and consents to Sponsor's providing such information to third parties partnering with Sponsor in the Promotion so that entrant may be contacted by such third party. All other aspects of the Billboard.com privacy statement are in effect. Affidavits and releases must be returned within five (2) days from the date that Sponsor first tries to notify the potential winner. By receipt of any prize, winner irrevocably agrees to defend and hold harmless Sponsor Entities from and against any claim or cause of action which may occur in connection with, (i) possession, acceptance and/or use or misuse of prize or participation in any Promotion-related activity, (ii) any claims based on publicity rights, defamation or invasion and (iii) any unauthorized use or misuse of or modification to the prizes.
7. DISCLAIMERS. (i) Entries that are lost, late, misdirected, incorrect, garbled, or incompletely received, for any reason, including by reason of hardware, software, browser, or network failure, malfunction, congestion, or incompatibility at Sponsor's servers or elsewhere, will not be eligible In the event of a dispute, entries will be deemed submitted by the authorized account holder of the e-mail address submitted at the time of entry.. "Authorized account holder" is defined as the natural person who is assigned to an e-mail address by an Internet Access Provider, online service provider, or other organization (e.g., business, educational institute) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address (ii) Sponsor, in its sole discretion, reserves the right to disqualify any person tampering with the entry process or the operation of the web site. Use of bots or other automated process to enter is prohibited and may result in disqualification at the sole discretion of Sponsor. (iii) Sponsor further reserves the right to cancel, terminate or modify the Promotion if it is not capable of completion as planned, including by reason of infection by computer virus, bugs, tampering, unauthorized intervention, force majeure or technical failures of any sort. (iv) Sponsor Entities are not responsible for errors in the administration or fulfillment of this Promotion, including without limitation mechanical, human, printing, distribution or production errors, and may modify or cancel this Promotion based upon such error at its sole discretion without liability. (v) SPONSOR ENTITIES MAKE NO WARRANTIES, REPRESENTATIONS OR GUARANTEES, EXPRESS OR IMPLIED, IN FACT OR IN LAW, AS REGARDS THIS PROMOTION OR THE MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE REGARDING ANY PRIZE OR ANY COMPONENT OF ANY PRIZE. (vi) CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS PROMOTION MAY BE A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING WITHOUT LIMITATION ATTORNEYS' FEES) FROM ANY SUCH ENTRANT TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
8. Dispute Resolution: THIS PROMOTION IS GOVERNED BY THE LAWS OF THE UNITED STATES AND THE STATE OF NEW YORK, WITHOUT REGARD TO CONFLICT OF LAW DOCTRINES. As a condition of participating in this Promotion, participant agrees that any and all disputes which cannot be resolved between the parties, and causes of action arising out of or connected with this Promotion, shall be resolved individually, without resort to any form of class action, exclusively before a court located in New York County having jurisdiction. Further, in any such dispute, under no circumstances will participant be permitted to obtain awards for, and hereby waives all rights to claim punitive, incidental, or consequential damages, including reasonable attorneys' fees, other than participants' actual out-of-pocket expenses (i.e. costs associated with entering this Promotion), and participant further waives all rights to have damages multiplied or increased.
9. Winner List: For the name and city/state of residence of Winner, send a self-addressed, stamped, #10 envelope (after 11/16/11 but no later than 12/31/11) to: Kerri Bergman Billboard 770 Broadway NY NY 10003. VT residents may omit return postage. Do not send any other correspondence to this address.
10. Sponsor: Billboard, which has its principal place of business at 770 Broadway, 7th Floor, New York, NY 10003.