No Purchase Required to Enter or Win
1. Eligibility: Patch’s Cutest Couple Contest (the “Contest”) is open only to legal residents of the 50 United States (including the District of Columbia) who are 18 years of age or older. Employees of Patch Media Corporation, AOL Inc., their advertising or promotion agencies, those involved in the production, development, implementation or handling of Contest, any agents acting for, or on behalf of the above entities, their respective parent companies, officers, directors, subsidiaries, affiliates, licensees, service providers, prize suppliers any other person or entity associated with the Contest (collectively “Contest Entities”) and/or the immediate family (spouse, parents, siblings and children) and household members (whether related or not) of each such employee, are not eligible. All federal, state and local laws and regulations apply. Void where prohibited by law.
2. Sponsor: The Contest is sponsored by Patch Media Corporation, 584 Broadway, Suite 1206, New York, NY 10012 (“Sponsor”).
3. Agreement to Official Rules: Participation in the Contest constitutes entrant’s full and unconditional agreement to and acceptance of these Official Rules and the decisions of the Sponsor, which are final and binding. Winning a prize is contingent upon fulfilling all requirements set forth herein.
4. Entry Period: The Contest will begin at 3 p.m. PST on 2/14/2012 and end at 3 p.m. PST on 2/21/2012 (the “Entry Period”). Entries received prior to or after the Entry Period will not be accepted.
5. Entry: To enter the Contest, go to www.losgatos.patch.com and follow the directions to submit a photo of you and your spouse/significant other. Entrants can only submit photos of themselves with their spouses/significant others. The use of any agencies or automated software to submit entries will void all entries submitted by that person.
6. License to Use Submissions: Sponsor shall have the right to disqualify any entries that they deem to be obscene, vulgar, sexually explicit, lewd, derogatory, inappropriate, or otherwise not in good taste, as determined by the Sponsor in its discretion. Submissions must not contain any third party material or content (including but not limited to any company logos or trademarks, photographs, likenesses, film or video clips, music, or any other copyrighted or trademarked content) for which you have not been granted specific written permission for this use by the copyright or trademark rights holder. You grant to the Sponsor and its designees the irrevocable, perpetual, worldwide, non-exclusive right and license to use, reproduce, edit, market, store, distribute, have distributed, publicly and privately display, communicate, publicly and privately perform, transmit, have transmitted, create derivative works based upon, and promote your image, biographic information, and comments, or, as applicable, your child’s or children’s image(s), biographic information, and comments (collectively, the "Submission") in connection with the Contest and such other products or services as the Sponsor may designate in any medium now known or hereafter devised for editorial, commercial, promotional and/or any other purpose. In addition, the Sponsor shall have the right to reproduce and distribute your/your child’s name, images, likenesses, photographs, voices, biographical materials, and Submission for advertising, publicity and promotional purposes in broadcast, print and or other media as the Sponsor may determine in their sole discretion. You retain ownership of all right, title, and interest in and to your Submission. You agree that the Sponsor owns all right, title, and interest in any compilation, collective work, or other derivative work created by the Sponsor using or incorporating your Submission. You hereby grant to the Sponsor the right to edit any of your Submission, in whole or in part. In addition, you hereby grant to the Sponsor and their designees the right to use any edited Submission, or parts of a Submission, without your approval and waive any right to inspect or approve uses of the Submission prior to or following publication and any right to compensation for the Submission. All elements of your Submission must be your original work and must be owned by you, and you must have the right to grant any and all necessary rights and licenses, including without limitation, all necessary copyright and other related rights to all of the materials, free and clear of all claims and encumbrances without violating the rights of any person or entity, including any right to privacy or publicity. Your Submission should not include the likeness of a third party, unless permission of said third party has been given, or contain elements not owned by you (including but not limited to trademarks or logos). By submitting your Submission, you agree to release and hold harmless the Sponsor and its officers, directors, employees, and agents from and against any claim or cause of action arising out of your Submission or your participation in any phase of this Contest.
Disclaimer of Similarities: Due to the nature of this Contest, there is a possibility that similar submissions may be entered by multiple individuals. Any similarity between Submissions shall in no way entitle you to any consideration or compensation from the Sponsor or from any third party, including in the event a Submission similar or identical to yours is selected as a winner in this Contest. By submitting your Submission, you specifically acknowledge this possibility and agree to the terms stated in these Official Rules.
7. Judging: Submissions will be judged by a panel of judges from Patch based equally on the following criteria (the “Judging Criteria”): The judges will make a selection of submitted photos based on clarity of photo, originality and having at least one person in the photo from the community. Decisions of judges are final and binding on all matters relating to this Contest. Decisions of judges are final and binding on all matters relating to this Contest.
8. Public Voting: The Public Voting Period will begin at 3 p.m. PST on 2/14/2012 and end at 3 p.m. PST on 2/21/2012. During the Public Voting Period, visitors will be able to vote for their favorite entry at www.losgatos.patch.com. The one (1) Finalist with the highest number of valid votes at the end of the Voting Period will be deemed the Contest Winner (subject to verification). All online voting will be under the supervision of the Sponsor whose decisions are final in all matters relating to this Contest. Any voting results posted in real time shall not be deemed official until Sponsor has reviewed and confirmed all of the votes and announced the Contest Winner. Any use of agencies or robotic, repetitive, automatic, programmed or similar voting methods or agents will void all votes by that person. In the event of a tied score in the Voting period, the Finalists involved in a tie will be reviewed by an additional judge appointed by the Sponsor who will serve as a tie-breaker and who will evaluate the entries according to the criteria listed above. Becoming a Finalist is subject to verification of eligibility and compliance with all terms and conditions set forth in these Official Rules. If a potential Finalist or Contest Winner cannot be reached or required documents are not returned within the stated timeframe or are returned as undeliverable, the corresponding Finalist will be disqualified and an alternate Finalist will be determined based on the Judging Criteria; an alternate Contest Winner will be based on the entrant with the next highest number of public votes. No prizes will be awarded for having achieved Finalist status.
9. Requirements of the Potential Winner: Except where prohibited, a potential winner may be required to complete and return an affidavit of eligibility and liability/publicity release (the “Affidavit/Release”) and an IRS W-9 form within a timeframe to be determined by Sponsor. If a potential winner fails to sign and return the Affidavit/Release within the required time period, or if the notification is returned as undeliverable, the prize will be forfeited and may be awarded to an alternate winner. Acceptance of a prize constitutes consent to use winner’s name and likeness for editorial, advertising and publicity purposes without additional compensation, except where prohibited by law.
10. Prize: One (1) Grand Prize Winner will receive a gift certificate worth $30 at a restaurant of their choice in Los Gatos.
No cash or other substitution may be made, except by the Sponsor, who reserves the right to substitute a prize with another prize of equal or greater value if the prize is not available for any reason as determined by the Sponsor in its sole discretion. The winner is responsible for any taxes and fees associated with receipt or use of a prize. Prizes are not transferable.
11. General Conditions: In the event that the operation, security, or administration of the Contest is impaired in any way for any reason, including, but not limited to fraud, virus, or other technical problem, the Sponsor may, in its sole discretion, either: (a) suspend the Contest to address the impairment and then resume the Contest in a manner that best conforms to the spirit of these Official Rules; or (b) award the prize from among the eligible entries received up to the time of the impairment. The 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. Any attempt by any person to undermine the legitimate operation of the Contest may be a violation of criminal and civil law, and, should such an attempt be made, the Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. The Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. In case of a dispute as to the owner of an entry, entry will be deemed to have been submitted by the authorized account holder of the screen name from which the entry is made. The 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 responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address.
12. Release and Limitations of Liability: By participating in the Contest, entrants agree to release and hold harmless the Contest Entities from and against any claim or cause of action arising out of participation in the Contest or receipt or use of any prize, including, but not limited to: (a) unauthorized human intervention in the Contest; (b) technical errors related to computers, servers, providers, or telephone or network lines; (c) printing errors; (d) lost, late, postage-due, misdirected, or undeliverable mail; (e) errors in the administration of the Contest or the processing of entries; or (f) injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Contest or receipt of any prize. Entrant further agrees that in any cause of action, the Contest Entities’ liability will be limited to the cost of entering and participating in the Contest, and in no event shall the Contest Entities be liable for attorney’s fees. Entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages.
13. Disputes: Except where prohibited, entrant agrees that any and all disputes, claims and causes of action arising out of, or connected with, the Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in the Commonwealth of Virginia. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, entrant’s rights and obligations, or the rights and obligations of the Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the Commonwealth of Virginia, without giving effect to any choice of law or conflict of law rules (whether of the Commonwealth of Virginia or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the Commonwealth of Virginia.
14. Contest Results: To request the name of the winner, send a self-addressed stamped envelope to Cutest Couple Photo Contest, c/o Patch, 395 Page Mill Road, Palo Alto CA 94306 Requests must be received by March 14, 2012.