HOUSE PARTY, INC.House Party Halloween Costume Contest
Important: Please read these rules before entering this Contest. By participating, you agree to be bound by these Official Rules and represent that you satisfy all of the eligibility requirements below.
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. A PURCHASE OR PAYMENT WILL NOT INCREASE OR IMPROVE YOUR CHANCES OF WINNING.
INTERNET ACCESS AND VALID EMAIL ACCOUNT REQUIRED. ENTRANTS MUST BE REGISTERED MEMBERS IN GOOD STANDING OF TWITTER, FACEBOOK, OR INSTAGRAM.
ENTRY VIA TWITTER, FACEBOOK, OR INSTAGRAM ACCOUNT AND CONNECTION REQUIRED. "PROTECTED" OR "PRIVATE" TWITTER, FACEBOOK, OR INSTAGRAM ACCOUNTS MAY NOT BE ABLE TO SEND ENTRIES. ODDS OF WINNING WILL DEPEND ON THE TOTAL NUMBER OF ENTRIES RECEIVED. VOID WHERE PROHIBITED BY LAW.
1. GENERAL. The House Party, Inc. "House Party Halloween Costume Contest" (the "Contest") is a Contest where entrants will have the opportunity to win a prize. Five (5) winners will be selected to win a $25 Party City Gift Card. To be entered into the Contest, online entrants must be registered members of House Party and either Facebook, Twitter or Instagram and upload a photo of themselves, their children or their pets posing in their Halloween costume to the Facebook tab housing the House Party Halloween Costume Contest or tag a photo of themselves, their children or their pets posing in their Halloween costume on Twitter or Instagram with the #HousePartyHalloween hashtag . The foregoing is a general description only of the Contest and is qualified in its entirety by these Official Rules.
2. ELIGIBILITY. The Contest is only open to entrants who are registered members of House Party and either Facebook, Twitter or Instagram and, at the time of entry, (a) upload a photo of themselves, their children or their pets posing in their Halloween costume to the Facebook tab housing the House Party Halloween Costume Contest or tag a photo of themselves, their children or their pets posing in their Halloween costume on Twitter or Instagram with the #HousePartyHalloween hashtag , (b) are legal residents of the United States, (collectively, the "Sweepstakes Territory"), (c) are at least 18 years old and (d) have internet access and (e) are registered members in good standing of House Party and either Facebook, Twitter or Instagram (based on the platform used as means of entry). The Contest is void outside the Contest Territory; and where prohibited or restricted by law. Employees, officers and directors of Sponsor and their respective parents, subsidiaries, affiliates, divisions, advertising and promotion agencies, and the immediate families (defined as parents, spouses, children, siblings, grandparents, and their respective spouses) or members of the same household (whether related or not) of each such employee, officer and director, are not eligible to participate. The Contest, and any website pages and advertisements relating thereto, is intended for viewing only within the Contest Territory, and contestants must be present in Contest Territory at the time they enter. Facebook, Inc., Twitter, Inc., and Instagram, LLC. are not sponsors of this Contest and do not endorse or otherwise have anything to do with this Contest.
3. TIMING. The Contest entry period begins at 12:01 a.m. Eastern Time on October 22, 2014 and ends at 11:59 p.m. Eastern Time on November 2, 2014 (the "Entry Period"). Voting closes on November 4, 2014 at 5p.m. Eastern Time. Winner selection will be on or around November 5, 2014. Sponsor's computer is the official timekeeping device for the Contest.
4. HOW TO ENTER. Online entrants must be registered members of House Party and either Facebook, Twitter or Instagram in order to participate in the Contest or win a prize. Membership on Facebook, Twitter and Instagram is free, and registration can be obtained by logging on to http://www.facebook.com (or www.facebook.com), http://twitter.com (or www.twitter.com) and http://www.instagram.com (or www.instagram.com). There are 3 ways to enter this Contest online: upload a photo of themselves, their children or their pets posing in their Halloween costume to the Facebook tab housing the House Party Halloween Costume Contest or tag a photo of themselves posing in their Halloween costume on Twitter or Instagram with the #HousePartyHalloween hashtag .
a. ALL ENTRANTS MUST BE ONE OF THE REGISTERED MEMBERS OF HOUSE PARTY AND EITHER FACEBOOK, TWITTER OR INSTAGRAM AND UPLOAD A PHOTO OF THEMSELVES, THEIR CHILDREN OR THEIR PETS POSING IN THEIR HALLOWEEN COSTUME TO THE FACEBOOK TAB HOUSING THE HOUSE PARTY HALLOWEEN COSTUME CONTEST OR TAG A PHOTO OF THEMSELVES, THEIR CHILDREN OR THEIR PETS POSING IN THEIR HALLOWEEN COSTUME ON TWITTER OR INSTAGRAM WITH THE #HOUSEPARTYHALLOWEEN HASHTAG .
THE SUBMISSION PERIOD WILL BE FROM OCTOBER 22, 2014 AT 12:01 a.m. EASTERN TIME UNTIL NOVEMBER 2, 2014 AT 11:59 a.m. EASTERN TIME. YOU WILL NOT BE ENTERED IF YOU DO NOT MEET ALL ELIGIBILITY REQUIREMENTS. Voting ends on November 4, 2014 at 5p.m. Eastern Time. All online entries must be received by Sponsor during the Entry Period. In the event of a dispute as to the identity of an online entrant, the authorized account holder of the email address used to enter will be deemed to be the entrant. Potential winners may be required to show proof of being the authorized account holder. The "authorized account holder" is the natural person assigned to an email address by an Internet service provider, online service provider, or other organization responsible for assigning email addresses for the domain associated with the submitted email address. All entries will be deemed to have been made by the authorized account holder of the submitted email address. Submitting mass entries or entries generated by a script, macro or use of automated devices is prohibited and will result in disqualification.
Winners will be determined by the Sponsor rating system. Final winner selection by House Party will occur on or about November 5, 2014. An impartial panel of judges will determine the winner and honorable mentions from the top rated eligible Submissions. The judges will evaluate entries using the following criteria: The House Party community will select winners by voting for the most original Halloween costume. The five entries that have received the largest number of votes at the end of the entry/voting period will be awarded one $25 Party City Gift Card each. In the event of a tie, all entries with the top five point tallies will be awarded a prize .
The Sponsor reserves the right not to award any prize.
b. FOR ALL ENTRIES. LIMIT: One (1) entry per person in this Contest, regardless of method of entry. All entries, regardless of method of entry, must be received by Sponsor during the Entry Period. All entries along with all copyright, trademark and other proprietary rights associated therewith, become the exclusive property of Sponsor and House Party upon submission, and none will be acknowledged or returned. Without limiting the generality of the foregoing, you acknowledge that Sponsor will own all rights to use, modify, reproduce, publish, perform, display, distribute, make derivative works of and otherwise commercially and non commercially exploit the entry materials, in any manner or medium existing or hereafter developed, without separate compensation to you or any other person or entity including but not limited to use on Sponsor's site, Facebook page and other social media channels including those of House Party. You agree to take, at Sponsor's request, any further action (including, without limitation, execution of affidavits and other documents) reasonably requested by Sponsor to effect, perfect or confirm Sponsor's ownership rights as set forth above in this paragraph. Proof of online submission or mailing will not be deemed to be proof of receipt of entry by Sponsor. All entrants and entries subject to verification prior to the awarding of a prize, as are the eligibility, age and other claims of/information provided by a potential prize winner.
5. AGREEMENT TO OFFICIAL RULES AND DECISIONS. By participating in the Contest, each entrant fully and unconditionally agrees to be bound by and accepts these Official Rules and the decisions of Sponsor or its designee (including, without limitation, decisions regarding eligibility of entrants, verifications of entries, the selection of entrants and winners, and the awarding of prizes), which are final and binding in all respects. By accepting a prize in this Contest, a winner fully and unconditionally agrees to be bound by and accepts these Official Rules and the decisions of Sponsor or its designee (including, without limitation, decisions regarding eligibility of entrants, verification of entries, the selection of entrants and winners, and the awarding of prizes), which are final and binding in all respects.
6. DRAWING; ODDS; NOTIFICATION. On or about November 5, 2014, Sponsor or its designee will select winner(s) based upon The House Party community will select winners by voting for the most original Halloween costume. The five entries that have received the largest number of votes at the end of the entry/voting period will be awarded one $25 Party City Gift Card each. In the event of a tie, all entries with the top five point tallies will be awarded a prize. Odds of winning a prize depend on the number of eligible entries received by Sponsor in the Contest. The entrants selected must comply with all terms and conditions of these Official Rules, and winning is contingent upon fulfilling all requirements. A potential winner will be notified by phone, letter (by postal or overnight delivery) and/or email. As a condition of winning any prize, a potential winner may be required to execute and return to Sponsor or its designee a notarized Affidavit of Eligibility, a Liability Release and, except where prohibited by law, a Publicity Release (an "Affidavit/Release") in the form(s) provided by Sponsor or its designee in order to claim his/her prize. Such Affidavit/Release must be returned to Sponsor or its designee by the date and/or time indicated within such documents. If a potential winner cannot be contacted within five (5) days of the first attempt to contact him/her, or if a potential winner fails to return the Affidavit/Release within the specified time, or if any prize or prize notification is returned as undeliverable, or if a potential winner is found to be ineligible, or if a potential winner does not comply with the Official Rules, then the potential winner may be disqualified and an alternate winner selected by Sponsor or its designee in his/her place at random from among all eligible non-winning entries received by Sponsor for the Contest. In such event, an alternate potential prize winner will be notified as described above and, as a condition to winning any prize, will be required to return the required documents to Sponsor or its designee as described above. Sponsor is not responsible for fraudulent calls, emails or other correspondence made to entrants by third parties.
a. Subject to the terms and conditions of these Official Rules: Five (5) winners will be selected to win a $25 Party City Gift Card. The aggregate approximate retail value ("ARV") of all prizes to be awarded in this Contest is $125.
Prizes are nontransferable and nonassignable, and are not refundable, and must be accepted as awarded. Prizes are awarded "AS IS" with no warranty, representation or guarantee, express or implied, in fact or in law, made by Sponsor for which Sponsor shall be liable, including, without limitation, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. Unused components of a prize shall be forfeited and have no redeemable cash value. No cash redemption or other substitution may be made, except by Sponsor, who reserves the right (but has no obligation) to substitute a prize (or a component thereof) with another prize (or component thereof, including cash) of equal or greater value if a prize (or component thereof) is not available for any reason as determined by Sponsor in its sole discretion. Winner is solely and fully responsible for any and all costs, fees, taxes, assessments and expenses associated with prize award, receipt and use, including, without limitation, all foreign, federal, state and local taxes and assessments on the prize (including, without limitation income taxes). If applicable, winner will be issued an IRS Form 1099 for the actual value of the prize won. Entrants waive the right to assert as a cost of winning a prize any and all costs of verification and redemption or travel to redeem a prize. LIMIT: One (1) prize in this Contest per person and household.
8. PUBLICITY. Except where prohibited by law, participation in the Contest constitutes each winner's consent to Sponsor's (and its designees', successors' and assigns') use of winner's name, biography, likeness, voice, photographs, video, opinions, statements, hometown, state and country for promotional purposes in any manner or media (including, without limitation, online), worldwide, in perpetuity, and without further payment, consideration, notice, review or consent.
9. GENERAL CONDITIONS. Sponsor reserves the right, in its sole discretion, to terminate, modify or suspend the Contest if, in Sponsor's opinion, there is any suspected or actual evidence of electronic or non-electronic tampering with any portion of the Contest, or if viruses, bugs, unauthorized intervention, fraud, technical difficulties or failures or any other factor beyond Sponsor's reasonable control corrupt or affect the administration, security, fairness, integrity or proper conduct of the Contest. In such event, Sponsor reserves the right (but does not have the obligation) in its sole discretion to award prizes at random from among eligible, non-suspect entries received up to the time of suspected impairment. Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Contest or to be acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner or is in violation of Sponsor's Terms of Service. Any attempt by any person to deliberately damage any website 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 other remedies from any such person to the fullest extent permitted by law. Sponsor's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision or any other provision of these Official Rules.
10. RELEASE. By entering, each entrant forever and irrevocably releases and holds harmless Sponsor, its parents, subsidiaries, divisions and affiliates, and their respective agents, advertising and promotion agencies, affiliates, Contest partners and prize suppliers from and against all claims, damages or liabilities arising in whole or in part, directly or indirectly, from entrant's participation and/or entry in the Contest and/or such entrant's award, receipt or use of any prize awarded in the Contest.
11. LIMITATIONS OF LIABILITY. Sponsor is not responsible for: (a) incorrect or inaccurate transcription of entry information or late, lost, stolen, unintelligible, illegible, damaged, mutilated, altered, incomplete, misdirected or postage due entries or entries received through impermissible or illegitimate channels, all of which will be disqualified; (b) technical failures of any kind, including but not limited to the malfunctioning of any telephone, computer online systems, computer equipment, website, server provider, network, hardware or software; (c) the unavailability or inaccessibility of any website or service; (d) unauthorized intervention in any part of the entry process or the Contest; (e) printing, typographical, electronic or human errors which may occur in the offer or administration of the Contest or the processing of entries; or (f) any injury or damage to persons or property, including but not limited to entrant's computer, which may be caused, directly or indirectly, in whole or in part, from entrant's participation in the Contest, or from viewing, playing or downloading any material from Sponsor's website, regardless of whether the material was prepared by Sponsor or a third party, and regardless of whether the material is connected to Sponsor's website by a hypertext link.
12. DISPUTES. Entrant agrees that: (a) any and all disputes, claims, and causes of action arising out of or connected with the Contest, or any prizes awarded shall be resolved individually, without resort to any form of class action, and solely and exclusively in a federal or state court located in New York, New York; entrant submits to sole and exclusive personal jurisdiction to said courts in the State of New York for any such dispute and irrevocably waives any and all rights to object to such jurisdiction; (b) any and all claims, judgments, and awards shall be limited to actual out of pocket costs incurred, including costs associated with entering the Contest but in no event attorneys' fees; and (c) under no circumstances will entrant be permitted to obtain awards for and entrant hereby waives all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant or Sponsor in connection with the Contest shall be governed by, and construed in accordance with, the laws of the State of New York, without giving effect to any choice of law or conflict of law rules of provisions (whether of the State of New York the United States, or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York.
14. OFFICIAL RULES. These Official Rules are available at http://blog.houseparty.com/uncategorized/2014/10/22/house-party-halloween-costume-contest-official-rules, or by sending a self-addressed postage-stamped envelope to "House Party Halloween Costume Contest - Rules Request", c/o House Party, Inc., Fifty South Buckhout Street, Suite 301, Irvington, NY 10533.
15. WINNER'S LIST. To request a list of winners, send a self-addressed postage-stamped envelope to "House Party Halloween Costume Contest - Winner's List Request", c/o House Party, Inc., Fifty South Buckhout Street, Suite 301, Irvington, NY 10533. Requests must be received within thirty (30) days after entry date closes on November 2, 2014.
16. SPONSOR. The sponsor of the Contest and the address at which the Sponsor may be contacted is House Party, Inc., Fifty South Buckhout Street, Suite 301, Irvington, NY 10533.