2011 National Girlfriend Awards Official Rules
1. NO PURCHASE NECESSARY TO ENTER OR WIN A PRIZE. OFFER VALID ONLY IN THE UNITED STATES OF AMERICA. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. CONTEST VOID WHERE PROHIBITED OR RESTRICTED BY LAW. THIS PROMOTION SHALL BE CONSTRUED AND EVALUATED ONLY ACCORDING TO UNITED STATES LAW.
2. PROMOTION PERIOD: Shecky’s Presents: “National Girlfriend Awards” (the “Contest”) commences at or around 12:00 pm Eastern Time (“ET”) August 1st, 2011 and ends at 11:59pm (ET) August 28, 2011 (the “Promotion Period”). All entries must be received by 11:59pm (ET) August 28th, 2011, must comply with these Official Rules, including Paragraph
PHASE ONE: NOMINATION: Nominations begin 12:00 pm Eastern Time (“ET”) August 1st, 2011 and ends at 11:59pm (ET) August 14, 2011.
PHASE TWO: VOTING: 12:00 pm Eastern Time (“ET”) August 15th, 2011 and ends at 11:59pm (ET) August 28, 2011
TO NOMINATE A GIRLFRIEND: During the Promotion Period, registered members of sheckys.com (“Members”) may nominate a person that meets contest eligibility requirements via the National Girlfriend Awards on sheckys.com. Members may nominate as many persons for each category as they desire. Participants must be registered Members of sheckys.com to nominate a person for entry in the Contest. By submitting Member Content, Member acknowledges that his/her content may be posted on Sponsor’s website, at Sponsor’s discretion. Sponsor reserves the right, and may or may not, monitor/screen Member Content prior to posting Member Content to the comments section of the nomination record. By submitting Member Content, Member acknowledges that Sponsor has no obligation to use or post any submitted Member Content. Submission of Member Content grants Sponsor and its agents and corporate sponsor an unlimited, worldwide, perpetual, license and right to publish, use, edit, modify, create derivative works of and publicly perform the Member Content in any way, in any and all media, without limitation, and without consideration to the Member.
By submitting an Member Content, Member warrants and represents that it: (a) is an original work, (b) has not been previously published, (c) has not won previous awards, (d) does not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity; and (e) that publication of the Member Content via various media including Web posting, will not infringe any third party rights; and Member agrees to indemnify, defend and hold harmless Contest Entities from any claims to the contrary.
VOTING: Starting on or about August 15, 2011, the voting panel will be comprised of registered sheckys.com members that choose to vote on sheckys.com. Each member may vote one time for each category. Individuals can also submit votes by submitting a 3”x5” piece of paper or postcard. To do so, hand print your name, complete mailing address, telephone number, date of birth, valid email address, and the words “National Girlfriend Awards” on a plain 3”x5” piece of paper or postcard and mail it in a sealed, stamped, and hand printed #10 envelope to:
Shecky’s Media, Inc.
National Girlfriend Awards
155 Avenue of the Americas, 6th Floor
New York, NY 10013
Entries submitted in accordance with these Official Rules shall be referred to herein as the Eligible Votes. Limit: one (1) vote per person per category.
By entering, entrants acknowledge compliance with all provisions of these Official Rules including all eligibility requirements. Neither Shecky’s Media, Inc. (“Shecky’s”) nor any of its respective agencies, affiliates, subsidiaries, directors, officers, employees and/or agents (hereinafter referred to collectively as the “Released Parties”) are responsible for any late, or lost entries. Released Parties are also not responsible for any problems or technical malfunctions of any telephone network or lines, computer on-line systems, telephone or internet servers or providers, computer equipment, software, failure or delay of electronic communications, traffic congestion on the Internet or at any website, U.S. Postal Service mail service, any human error which may occur in the processing of the entries or administration of the Contest, or any combination thereof, including injury or damage to entrants or to any other person’s telephone or computer equipment related to or resulting from participating or downloading materials in connection with this Contest. If, for any reason, the Contest 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 Shecky’s which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Contest or for any reason Shecky’s deems it necessary, Shecky’s reserves the right at its sole discretion to cancel, terminate, modify or suspend the Contest. Should the Contest be terminated prior to the stated expiration date, notice will be posted on the Website and potential winners may be chosen from among all Eligible Entries received prior to termination, if any. Entries that have been tampered with or altered are void. In the event of a dispute over who submitted the winning entry, such entry will be declared made by the authorized account holder of the email address submitted at the time of entry. An “authorized account holder” is defined as the natural person who is assigned to a telephone number, pager number or email address by a telephone company, wireless service provider, Internet access provider, Internet service provider, or other organization (e.g. business, educational, government, institution, etc.) that is responsible for assigning telephone numbers, pager numbers, wireless phone numbers, email addresses, for the telephone exchange associated with the submitted telephone or pager number or the domain associated with the submitted telephone, pager number or email address, as applicable. All entries become the property of Shecky’s and will be neither acknowledged nor returned.
4. ELIGIBILITY: The Contest is open to all legal residents of the 50 United States and the District of Columbia (“U.S.”) twenty-one (21) years of age or older at the time of entry (the “Entrant”, collectively, the “Entrants”). All potential Prize Winners are subject to proving eligibility, including verification of social security number and becoming an official winner is further subject to possessing a valid, government-issued photographic identification at the time of prize fulfillment. If any potential Prize Winner cannot furnish verifiable and valid proof of age within two (2) business days after being notified of winning, then all rights of such potential Prize Winner (as applicable) to receive and the Prize (as hereinafter defined) thereupon will be terminated, Prize Winner as applicable) may be chosen from among all remaining Eligible Entries received, at Shecky’s sole discretion. Entrants are not eligible to enter or participate in the Contest if they are, or have an immediate family member (parent, spouse, child, sibling, grandparent, step parent, step child and step sibling and their respective spouses, regardless of where they reside) or household member, whether or not related, that is an agent, employee, officer, director, successor or assign of any of the Released Parties or any other participating sponsors, affiliated companies, subsidiaries, advertising agencies and third party fulfillment agencies (collectively, “Sponsor Entities”) as well as any person who has won an Shecky’s sponsored contest or Contest in the twelve (12)-month period preceding entry into this Contest. Additional restrictions may apply.
Each of the ten (10) category winners as voted by sheckys.com members will receive:
- $250 value Goodie Bag
- $100 Sheckys.com Gift Certificate that can be applied to Girls Night Out event ticket purchases, Shecky’s Deals, and more
- 2,000 OMG Points for use on Sheckys.com online rewards program
Each of the ten (10) sheckys.com members that nominated the category winners will receive:
- $50 Sheckys.com Gift Certificate that can be applied to Girls Night Out event ticket purchases, Shecky’s Deals, and more
- 500 OMG Points for use on Sheckys.com online rewards program
6. The tentative date for prize fulfillment is on or about September, 30th, 2011 and is subject to change at Shecky’s sole discretion. The actual retail value of this Contest depends on current existing market conditions at time of prize fulfillment. By accepting the Prize (as applicable), the Prize Winners agree that he/she will not and will not authorize any third party to auction or sell the Prize (or any component thereof) without Shecky’s written consent, which consent may be granted or withheld in its sole discretion. Prizes are non-transferable. The value of each Prize Package may be taxable as income. The Prize Winners may be required to supply Shecky’s with his/her social security number for tax purposes. If applicable, an IRS Form 1099 will be issued in the name each of the Prize Winners the actual value of the respective Prize received by such winner. Upon receipt of the Prize, the Prize Winner (as applicable) is required to comply with any and all applicable federal, state and local tax that becomes due with respect to the acceptance and/or use of the Prize.
7. The odds of winning will be determined by the total number of Eligible Entries received.
8. SELECTION/NOTIFICATION OF THE PRIZE WINNERS: The Contest Winners will be chosen by voting of sheckys.com members and be contacted on August 31, 2011. Shecky’s will attempt to reach each potential Prize Winner three (3) times by telephone or by email using the contact information provided on such potential winner’s entry form within two (2) business days of being selected as a potential Prize Winner. Three (3) voicemails will be left or emails will be sent and the potential Prize Winner (as applicable) must call back the telephone number provided in the voicemail or email within two (2) business days from the time the first voicemail or email was left. If any potential Prize Winner is unreachable or does not confirm receipt of winner notification voicemail or email by Shecky’s within the two (2) business days period in which the first voicemail or email was left or is found ineligible or does not comply with these Official Rules, then all rights of such potential Prize Winner or (as applicable) shall be terminated and an alternate potential Prize Winner (as applicable) may be selected from among the remaining Eligible Entries by and at the sole discretion of Shecky’s.
9. The specifics of all elements of the Prizes Prize in the Contest shall be solely determined by Shecky’s. Some restrictions may apply. No substitution, transfer of any prize (or any part of a prize) except by Shecky’s due to prize unavailability at time of award in which case a prize of equal or greater value may be awarded. Arrangements for the delivery of the Prizes (as applicable) will be made by Shecky’s. Return of any Prize as undeliverable will result in forfeiture of the Prize and selection of alternate Prize Winner.
10. By entering the Contest, each Entrant agrees to: (i) waive any rights to claim ambiguity with any and all federal, state and local rules, laws, and/or regulations; (ii) be bound by each provision and abide by the terms of these Official Rules and by the decisions of the Shecky’s which are final, binding and non-appealable in all respects; and (iii) to release and hold harmless Released Parties, from and against any and all liability (including but not limited to, liability for any property loss, damage, personal injury or death) arising from or in connection with participation in the Contest. As a prerequisite for receiving and using the Prize (as applicable), the potential Prize Winners must complete, sign and return to Shecky’s, within two (2) weeks after the date of Shecky’s request and presentation thereof: (a) an affidavit of eligibility and a liability release of Shecky’s and its respective affiliates and employees from any and all liability, claims, demands, judgments, and causes of action for personal injury and/or damage, theft, or loss suffered in connection with this Contest or the use or acceptance of Prize Package (or any portion thereof, as applicable); and (b) except where prohibited by law, a promotional release granting Shecky’s and its respective parent companies, subsidiaries, affiliates and agencies, and the officers, directors and employees of each of the foregoing the right to use his or her name and/or likeness for advertising and/or publicity purposes in all media now known or hereafter devised, worldwide in perpetuity and without additional compensation, notification, or permission, unless prohibited by law; and (c) any other legal document that Shecky’s may require (in its sole discretion). Failure of the potential Prize Winners to complete, sign and return to Shecky’s such affidavit, release and legal documentation within such two (2) week period shall result in such Prize Winners’ (as applicable) disqualification from the Contest, in which event an alternate winner may be selected from among all remaining Eligible Entries, in Shecky’s sole discretion.
The receipt by the Prize Winners of the Prize of this Contest is conditioned upon compliance with any and all federal, state and local rules and regulations. ANY VIOLATION OF THESE OFFICIAL RULES BY THE PRIZE WINNERS (AT SHECKY’S SOLE DISCRETION) WILL RESULT IN SUCH PRIZE WINNER’S DISQUALIFICATION AS PRIZE WINNER OF Shecky’s Presents: “National Girlfriend Awards” AND ALL PRIVILEGES AS PRIZE WINNER (AS APPLICABLE) WILL BE IMMEDIATELY TERMINATED.
11. Shecky’s reserves the right at its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Contest or the Website; to be acting in violation of the Official Rules; or to be acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. CAUTION: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL 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, SHECKY’S RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW. THE NEW YORK COURTS (STATE AND FEDERAL) SHALL HAVE SOLE JURISDICTION OF ANY OF THE CONTROVERSY REGARDING THE CONTEST AND THE LAWS OF THE STATE OF NEW YORK SHALL GOVERN THE CONTEST. EACH ENTRANT WAIVES ANY AND ALL OBJECTIONS TO JURISDICTION AND VENUE IN THOSE COURTS AND HEREBY SUBMITS TO THE JURISDICTION OF THOSE COURTS.
12. GENERAL CONDITIONS OF PARTICIPATION: Shecky’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. By participating in this Contest, Entrant hereby agrees irrevocably and in perpetuity that the Released Parties shall have no liability in connection with such Prize Winner or acceptance or use/misuse of any prize awarded in this Contest.
13. LIST OF WINNERS OR OFFICIAL RULES: For a copy of the winner list and/or an additional copy of these Official Rules, send a SASE to: Attn: Shecky’s Marketing Shecky’s Presents: “National Girlfriend Awards” 155 Avenue of the Americas 6th Floor, New York, NY 10013. All requests must be received no later than September, 3rd, 2011. Vermont residents may omit return postage if requesting a set of Official Rules.
14. SPONSOR: This Contest is sponsored by Shecky’s Media, Inc.: 155 Ave of the Americas, 6th Floor New York, NY 10013.