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Liquidation Channel Promotion Terms and Conditions as of March 1, 2015
Liquidation Channel’s 4th Annual Mother of the Year Promotion
Official Rules
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE DOES
NOT INCREASE YOUR CHANCES OF WINNING. OPEN TO LEGAL
RESIDENTS OF THE UNITED STATES, 18 OR OLDER. VOID IN PUERTO
RICO AND ALL OTHER U.S. TERRITORIES AND POSSESSIONS AND
WHERE PROHIBITED.
th
1) ELIGIBILITY: Liquidation Chanel’s 4 Annual Mother of the Year Promotion (the "Promotion") is open to legal residents of the 50 United States and the District of Columbia who are 18 years of age or older at the time of entry. Void in Puerto Rico and all other U.S. territories and possessions and where prohibited. The Promotion will consist of a photo/essay contest (“Contest”) and a random drawing sweepstakes (“Sweepstakes”). Employees of Liquidation Channel (“Liquidation Channel” or “Sponsor”) and their respective parents, affiliates, subsidiaries, retailers and advertising and promotion agencies, as well as the immediate family (spouse, parents, siblings, children and each of their respective spouses, regardless of where they reside) and household members of each such employee, whether related or not, are not eligible to enter or win. The Promotion is governed by U.S. law and is subject to all applicable federal, state, and local laws and regulations. This Promotion is in no way sponsored, endorsed or administered by, or associated with Facebook. By entering, you understand that you are providing your information to the Sponsor and not Facebook. The information you provide will only be used for Promotion administration. 2) TIMING: The Promotion begins at 12:01 a.m. Central Time (“CT”) on 3/23/15 and ends at 11:59 p.m. CT on 4/16/15 (the “Promotion Period”). 3) HOW TO ENTER THE PHOTO ESSAY CONTEST: During the Promotion Period, visit the contest page at http://www.liquidationchannel.com/pages/campaigns.html, and follow the provided instructions to upload a photo of your mother or legal guardian and to submit a description in 2000 characters or less explaining why your mother or legal guardian should be selected as Mother of the Year. Limit one (1) Contest entry per person. All Contest entries must be received by 11:59 p.m. ET on 4/16/15 to be considered. Entries received in excess of the stated daily limit from any person or email address will be void. All Contest entries become the property of Sponsor and will not be acknowledged or returned. By submitting an entry, each entrant acknowledges and agrees that Sponsor may obtain many entries in connection with this Promotion and/or other promotions staged and/or promoted by the Sponsor, and that such entries may be similar or identical in theme, idea, format or other respects to other entries made in connection with this Promotion and/or other promotions promoted by Sponsor or submitted for other reasons, or to other materials developed by the Sponsor. Each entrant waives any and all claims that any entry and/or other works accepted, reviewed and/or used may be similar, or that any compensation is due to any entrant in connection with such entry or other works used by Sponsor. By submitting an entry, entrant hereby grants permission for the entry to be posted on www.facebook.com/shoplctv or other websites and agrees that Liquidation Channel may edit, modify, and manipulate the entry as it deems necessary for such purposes. Entrant agrees that Released Parties (as defined below) are not responsible for any unauthorized use of entries by third parties. Released Parties do not guarantee the posting of any entry and reserve the right to take down any posted Entry at any time. Page 1 Liquidation Channel Promotion Terms and Conditions as of March 1, 2015
4) REQUIREMENTS OF CONTEST ENTRIES: Entry may not contain, as determined by the Sponsor, in its sole discretion, any content that: • is sexually explicit or suggestive; violent, derogatory or profane; • promotes alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing); • promotes any activities that may appear unsafe or dangerous; • promotes any particular political agenda or message; • is obscene or offensive; endorses any form of hate or hate group; • appears to duplicate any other entries; • contains trademarks, logos, or trade dress (such as distinctive packaging or building exteriors/interiors) owned by others; • contains copyrighted materials owned by others (including photographs, sculptures, paintings, and other works of art, or images published on or in websites, television, movies or other media); • contains materials embodying the names, likenesses, or other indicia identifying any person, including, without limitation, celebrities and/or other public or private figures, living or dead, without permission; • communicates messages or images inconsistent with the positive images and/or good will to which Sponsor wishes to associate; and/or • violates any law. Entry must be original, may not have been previously published, may not have won previous awards, and must not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity. By submitting an entry, entrant warrants and represents that he/she consents to the submission and use of the entry in the Promotion and to its use as otherwise set forth herein. If the entry contains any material or elements that are not owned by the entrant, and/or which are subject to the rights of third parties, the entrant is responsible for obtaining, prior to submission of the entry, any and all releases and consents necessary to permit the use and exhibition of the entry by Sponsor in the manner set forth in these Official Rules, including, without limitation, name and likeness permissions from any person who appears in or is identifiable in the entry. Sponsor reserves the right to request proofs of these permissions in a form acceptable to Sponsor from any entrant at any time. Failure to provide such proof may, if requested, render entry null and void. By submitting an entry, entrant warrants and represents that he/she and any persons appearing or who are identifiable in the entry consent to the submission and use of the entry in the Promotion and to its use as otherwise set forth herein. 5) CONTEST WINNER DETERMINATION: All eligible entries received by Sponsor will be featured at http://www.liquidationchannel.com/pages/campaigns.html during the Promotion Period. Subject to verification of eligibility and compliance with these Official Rules, at the end of the Promotion Period, ten (10) Contest entries determined by Sponsor, will be deemed potential finalists. Individuals 18 years of age or older will be invited to vote for their favorite Contest entry beginning April 19th, 2015. Limit one (1) vote per person per day throughout the Promotion Period. Votes received from any person in excess of the stated limitation will be void. Entrants are prohibited from obtaining votes by any fraudulent or inappropriate means, including, without limitation, offering prizes or other inducements to members of the public, as determined by Sponsor in its sole discretion. Use of script, macro or any automated system to vote or with the intent to impair the integrity of the voting process is prohibited and all such votes will be void. The one (1) finalist with the highest number of votes will be deemed the potential Contest Grand Prize winner. In the event of a tie, an additional, “tie-­‐breaking” judge will determine the winner based on the following criteria: creativity of photo, originality of photo and essay, and adherence to Promotion theme. Sponsor reserves the right not to award the Contest grand prize if, in its sole discretion, it does not receive a sufficient number of eligible and qualified Contest entries 6) PROMOTION PRIZING: One (1) winner will receive a $5,000 in-­‐store credit Liquidation Channel Shopping Spree (“Prize”) presented in-­‐person by Liquidation Channel President Gerald Tempton. No substitution, assignment, or transfer of prize is permitted, except by Sponsor, who reserves the right to substitute prize (or portion thereof) with another prize of comparable or greater value, at its sole discretion. All prize details are at the sole discretion of the Sponsor. Page 2 Liquidation Channel Promotion Terms and Conditions as of March 1, 2015
7) WINNER NOTIFICATION: Potential winner will be notified by phone or email and will be required to execute and return an affidavit of eligibility/liability release, tax form and, where legal, a publicity release (collectively, the “Eligibility Documents”) within three (3) calendar days of date of issuance. If potential winners cannot be reached within three (3) calendar days from the first notification attempt, or in the event of noncompliance within the above stated Eligibility Documents time period, with these Official Rules, or if prize notification is returned as undeliverable, the applicable prize will be forfeited and, at Sponsor’s sole discretion, a runner-­‐up may be notified for the Contest and an alternate winner may be selected for the Sweepstakes. If a winner is at least 18 but still considered a minor in his/her jurisdiction of residence, Sponsor reserves the right to award prize in the name of his/her parent or legal guardian, who will be responsible for fulfilling all requirements imposed on winner set forth herein. 8) TAXES AND EXPENSES: Winners are solely responsible for all federal, state, and local taxes and all other fees and expenses associated with prize acceptance and use not specified herein as being awarded. 9) CONDITIONS OF ENTRY: By participating, each entrant fully and unconditionally agrees to and accept these Official Rules and the decisions of Sponsor and Judges, which are final and binding in all matters related to the Promotion. 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 Promotion or to be acting in violation of these Official Rules, or in an unsportsmanlike or disruptive manner and void all associated entries. 10) OWNERSHIP/USE OF CONTEST ENTRIES: By submitting a Contest entry, each entrant agrees Sponsor shall own the entry submitted (including all rights embodied therein) and that it and its designees may exploit, edit, modify, and distribute the entry and all elements of such entry in any and all media now known or hereafter devised, worldwide, in perpetuity without compensation, permission or notification to entrant or any third party. 11) GENERAL CONDITIONS: By participating, entrants consent to the use of their names, cities and states of residence, voices, and/or photographs and/or similar related information for promotional, advertising and other purposes in any and all media now or hereafter known throughout the world in perpetuity by Sponsor and its designees, without additional compensation, notification or permission, except where prohibited by law. Entrants agree to release and hold harmless Sponsor, Administrator, Facebook and their respective parent companies, affiliates, subsidiaries, divisions, suppliers, distributors, retailers, and advertising and promotion agencies, and all of their respective officers, directors, shareholders, employees, and agents (collectively, “Releasees”) from any claims, actions, injury, liability, loss or damage of any kind resulting from participating in this Promotion or from the acceptance or use of any prize awarded. 12) LIMITATIONS OF LIABILITY: Releasees are not responsible for: (i) technical failures of any kind, including but not limited to the malfunctioning of any computer, cable, network, hardware or software; (ii) the unavailability or inaccessibility of any transmissions or telephone or Internet service; (iii) unauthorized human intervention in any part of the entry process of the Promotion; (iv) late, lost, stolen, undelivered, misdirected, delayed, inaccurate, garbled or incomplete entries or bonus entries, or for any electronic, computer, printing, typographical, human or other error relating to or in connection with the Promotion, including, without limitation, errors which may occur in connection with the administration of the Promotion, the processing of entries or bonus entries, the announcement of the prizes, or in any Promotion-­‐related materials (including these Official Rules); or (v) any injury or damage to persons or property, including but not limited to entrant’s computer, hardware, or software, which injury or damage may be caused, directly or indirectly, in whole or in part, from entrant's participation in the Promotion. Sponsor reserves the right to cancel or modify the Promotion if bugs, virus, fraud, technical failures or any other factor impairs the integrity, administration or proper play of the Promotion, as determined by Sponsor in its sole discretion. In such event, Sponsor reserves the right to award the prizes in a random drawing from among all eligible, non-­‐suspect entries received up to the time of the impairment. Page 3 Liquidation Channel Promotion Terms and Conditions as of March 1, 2015
13) ARBITRATION: Except where prohibited by law, as a condition of participating in this Promotion, entrant agrees that (1) any and all disputes and causes of action arising out of or connected with this Promotion, or any prizes awarded, shall be resolved individually, without resort to any form of class action, and exclusively by final and binding arbitration under the rules of the American Arbitration Association and held at the AAA regional office nearest the entrant; (2) the Federal Arbitration Act shall govern the interpretation, enforcement and all proceedings at such arbitration; and (3) judgment upon such arbitration award may be entered in any court having jurisdiction. Under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, punitive, incidental or consequential damages, or any other damages, including attorneys' fees, other than entrant's actual out-­‐of-­‐pocket expenses (i.e., costs associated with participating in this Promotion), and entrant further waives all rights to have damages multiplied or increased. 14) CHOICE OF LAW: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant and Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with, the substantive laws of the State of Texas, USA. 15) RULES/WINNER’S NAMES: For the names of the winners, available after 5/10/15, mail a self-­‐addressed stamped envelope to: Liquidation Channel Mother’s Day Promotion, c/o Liquidation Channel, 100 Michael Angelo Way, Suite 400D, Austin, TX 78728. Requests must be received by 6/10/15. Page 4