NO PURCHASE NECESSARY TO ENTER OR WIN. INTERNET ACCESS AND FACEBOOK, INSTAGRAM OR TWITTER ACCOUNT ARE REQUIRED TO ENTER. Void where prohibited or otherwise restricted by law.
1. ELIGIBILITY: Moonfrye Presents “Tell Us Why You Need a Vacation” Contest (“Contest”) is offered and open only to legal residents of and who are currently physically located in the fifty (50) United States and D.C., who are 18 or older at time of entry. Employees, officers, directors, and private investors of Moonfrye Incorporated (“Sponsor”), and its parent, subsidiaries and affiliates, Soleil Moon Frye, and those individuals/entities engaged in the development, production, or distribution of materials or the execution, administration or implementation of this Contest and their respective affiliates, contractors, and agents (collectively referred to herein as the “Contest Entities”) and persons in the immediate family of (spouse, parent, child, siblings, their respective spouses including step-relations, regardless of where they reside) or those living in the same household (whether or not related) as any person in any of the preceding categories are not eligible to enter.
2. CONTEST PERIOD: Contest starts on or about 6:05 am Pacific Time (“PT”) on September 16, 2013 and ends 11:59 pm PT on September 25, 2013 (“Contest Period”). Entries must be received during the Contest Period. All time referenced herein is Pacific Time. Sponsor’s administrator’s server/computer is the official time keeping device for the Contest.
4. HOW TO ENTER: There are four different ways to enter the Contest. During the Entry Period: (1) register for the Contest by visiting Sponsor’s Blog at http://www.moonfrye.com/2013/09/16/come-to-my-party/, post in the comments section a creative and original story telling us “Why You Need a Vacation” (“Story”); (2) log on to www.Twitter.com using your Twitter user name and password and then tweet us your Story include the hashtag “#MoonfryeGetaway”; (3) access Sponsor’s Facebook page at www.facebook.com/moonfryeteam make sure you “Like” or have already “Liked” Sponsor’s Promotion page, go to the Contest Post and submit your Story; or (4) via Instagram, before entering the Contest the “Photos Are Private” option in your Instagram account settings must be set to “OFF” and you must be a follower of MoonfryeTeam on Instagram @Moonfryeteam (www.instagram.com/moonfryeteam), take an original photo that you think creatively captures “Why You Need a Vacation” (“Photo”), and either create and submit your Photo to Instagram using the Moonfrye app (currently available only on the iOS platform) or follow the online Instagram instructions to upload your photo to Instagram directly include with your Photo hashtag #MoonfryeGetaway (collectively “Entry” or “Submission”). You may enter as many times as you like provided each Entry is unique. Failure to follow all steps or include all information will void the entry. These steps may vary in order or set up.
Entries posted without the hash tag, where required, will not be eligible and will not be considered. Incomplete, invalid, or otherwise non-compliant Entries will not be eligible. Without limiting any other provision herein, Entries must be taken for this Contest, must be original to the Entrant, and each Entry must be entirely different and unique (as determined by Sponsor in its discretion) to any other Entry submitted by the same Entrant. Normal internet access and device usage charges imposed by your mobile plan and/or on-line service will apply. Sponsor cannot guarantee this Contest will be available via all wireless carriers; Contest will be available on participating wireless carriers only. Wireless carrier’s instructions may vary. Standard data plan rates may apply. Other charges may also apply; check your mobile plan for rates/details relating to participation in the Contest via mobile URL.
Entries become the property of Sponsor and will not be returned. Entrants may not enter through a club (or similar method), with multiple e-mail and/or street addresses, nor shall Entrants use any other device or artifice to enter. Any use of cheating, fraud, on-line contest clubs (or similar methods), robotic, automatic, macro, programmed or like Entry methods as determined in Sponsor’s sole and absolute discretion, will void all such Entries by such methods, and disqualify any Entrant who appears to be using/benefitting from such methods. In case of dispute, Entries will be declared made 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 institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address.
Contest Entities assume no responsibility for lost, late, incomplete, inaccurate, delayed, destroyed, damaged, or misdirected Entries (in whole or in part); nor for any computer, telephone, cable network, electronic or hardware or software malfunctions, failures, connections, or availability, or garbled, corrupt, or jumbled transmissions; nor service provider, Internet, Web site, user accessibility or availability, incompatibility, traffic congestion, unauthorized human intervention or any human error, or the incorrect or inaccurate capture of Entry, or other information, nor for the failure to capture any such information.
5. REQUIREMENTS FOR ENTRY: Incomplete or otherwise ineligible Entries, or any element thereof, will disqualify an Entry. Proof that you uploaded an Entry does not constitute proof or evidence that it was received within the Contest Period or eligible for the Contest. Sponsor reserves the absolute right to disqualify and/or immediately remove any Entry and/or Entrant in whole or in part for any reason within its sole and absolute discretion. Without limitation, Entries will be disqualified if Sponsor believes the Entry, or any element thereof, is not in the spirit of the Contest, is ineligible or otherwise not compliant herewith, or will have a detrimental impact on Sponsor, this Contest, Soleil Moon Frye, or any of Sponsor’s brands, products or services. Without limitation, Sponsor reserves the right in its absolute discretion to refuse, disqualify, or withdraw any Entry and/or Entrants at any time during the Contest, including but not limited those that are/appear to be obscene, hurtful, offensive, sexually inappropriate, overtly political or religious, discriminatory, highly sensitive, incorporate illegal acts, violence, nudity or explicit activity, cruelty, hatred, or are otherwise unsuitable for any other reason, as determined solely by Sponsor (in its sole and absolute discretion).
By submitting an Entry, Entrants represent, warrant and covenant (and agree to release and indemnify Sponsor from same as set forth in these Official Rules) that their Entry submitted and all content therein: (i) is the original creation of the Entrant, has not been copied in whole or in part from any other work, and is the sole and exclusive property of the Entrant (or Entrant has all ownership rights thereto); (ii) does not violate or infringe any copyright, trademark or other proprietary, publicity, privacy or any other rights of any person, entity, or venue; and (iii) any individuals mentioned, featured, appearing in, or who have worked on the Entry, in whole or in part, in any manner have given Entrant their express written consent to be mentioned, featured, appear in or work on the Entry and have agreed to its submission to this Contest and the use contemplated (or if a minor, Entrant has obtained consent of the minor’s parent or legal guardian). If requested by Sponsor, Entrant shall provide evidence of the above in writing. Nothing herein shall be deemed an obligation of confidentiality. Entrants understand and agree to assume the risk that their Entry and any element thereof may, in whole or in part, be identical or similar to any other Entry, that one Entry may regardless receive varying scores from the other Entry, and Entrants shall release and hold Contest Entities harmless from same.
At the time you submit an Entry, and whether or not selected as a winner, you grant to Sponsor a non-exclusive, fully paid and royalty-free, transferable, sub-licensable, worldwide license to use the Entry, in whole and in part, and all the intellectual and property rights therein including the right to make derivative works, through-out the world, and further agree to execute all documents and perform all acts deemed necessary by Sponsor to protect Sponsor’ license in the Entry and intellectual property rights granted herein. You understand and agree by granting this license that your Entry may be modified, edited, distorted, used in whole or in part, alone or in combination with other works, used in illusory or composite form, or in any other manner, as solely determined by Sponsor in any media and medium whatsoever now known or hereinafter developed (including without limitation print, broadcast, radio, digital, mobile and on-line) without further compensation or review. You will not now nor in the future be paid for your Entry or for granting Sponsor any of these rights. The consideration for the rights granted to Sponsor herein is your opportunity to participate in the Contest.
6. JUDGING CRITERIA/WINNER SELECTION: All eligible Entries will be judged by a panel of judges selected by Sponsor who will select two (2) Grand Prize winners based on the following criteria: (20%) creative; and (80%) evocative (for example does the Entry move us, make us laugh, does it connect with us on an emotional level). In case of a tie, the Entry (among those tied) with the highest rating in the “evocative” category will break the tie. In the event a tie still remains, the Entry (among those tied) with the highest rating in the creative category will break the tie.
7. PRIZES: All Prize awards are subject to final verification of eligibility and compliance with these Official Rules. Grand Prizes (2): A 3 day/2 night trip to Los Angeles, California for winner. Trip consists of: round-trip, coach air transportation for winner from a major U.S. commercial airport to commercial airport in Los Angeles; two (2) nights’ lodging (standard accommodations, double occupancy, room and tax only); and an exclusive invitation to Soleil Moon Frye’s book launch party (promotional value only). Approximate Retail Value (ARV): $1,200 each. ARV of Grand Prize package may vary, depending on the point of departure. Total ARV of all Prizes: $2,400. In no event will more than the stated number of Prizes be awarded. Limit one (1) Prize per person. Talent is anticipated but not guaranteed to attend the event. Event dates, location and activities are subject to change. If the event is cancelled, modified or terminated for any reason, the event element of the prize will be forfeited and winners will receive the trip as full satisfaction of the Grand Prize.
Important Notice: In the event a Grand Prize winner lives within a 100 mile radius of the LA hotel designated by Sponsor, ground transportation will be provided in lieu of (and the winner will not receive) air transportation. Grand Prize trip must be taken on dates and times specified by Sponsor which dates and times are subject to availability as determined by Sponsor and airline availability. If the Grand Prize winner cannot travel on the dates specified by the Sponsor, prize will be forfeited in its entirety. All travel arrangements must be made through a travel agent or entity selected by Sponsor. The Grand Prize winner will be responsible for all meals, ground transportation, excursions, gratuities, beverages, telephone calls and any other incidental costs or expenses not specifically identified as being included by these Official Rules. Specific air carrier(s) and other Trip specifics detailed above are at the sole discretion of the Sponsor or its designee(s). The Grand Prize winner must comply with all conditions set forth in these Official Rules, the Affidavit, and any further instructions established by Sponsor, or the Grand Prize will be forfeited in its entirety and an alternate winner may be selected provided sufficient times exists prior to travel. All travel is subject to availability. Blackout dates and other restrictions may apply. Travel must originate and end at the same major U.S. gateway airport. Grand Prize winner will be required to provide valid US or state government issued photo ID as required by travel authorities at time of travel, and to obtain and maintain all insurance (including health, liability and any other insurance). Winner acknowledges and agrees that the Contest Entities are not providers/carriers of transportation, or insurance providers. No changes will be made to travel details once any element(s) of the travel arrangements have been booked. No frequent flier miles will be earned on any element of Prize travel. Prize conditions may be added or modified by Sponsor or its designee. Contest Entities are not responsible for any changes of any element of Grand Prize trip. Contest Entities are not liable for any expenses incurred as a consequence of flight charges, cancellation or delays. Sponsor will not replace any lost or stolen tickets, travel vouchers or certificates. Travel is subject to capacity controls, availability, and certain other restrictions, which may include a Saturday night stay, all of which are subject to change. Any unclaimed and/or unused element of the Grand Prize travel package, or any element thereof, will remain the property of Sponsor or its designee.
The Prize restrictions/conditions stated herein are not all-inclusive and the described above may be subject to additional restrictions/conditions, which may be stated in the Affidavit (as defined below) and/or other travel documents. In the event any Grand Prize winner engages in behavior that, as determined by Sponsor (or its designee) in their absolute discretion, is obnoxious or threatening, dangerous, illegal or that is intended to annoy, abuse, threaten or harass any other person, Sponsor reserves the right to terminate the Grand Prize trip or other applicable experience early, in whole or in part, and to send the winner home with no further compensation.
Prizes must be accepted in their entirety. No transfer, assignment or substitution of Prize (in whole or in part), except that Sponsor may substitute a Prize of equal or greater value. Prizes are not redeemable for cash. Any different between the actual value and ARV of a Prize will not be awarded as cash or otherwise. All federal, state, and local taxes are the sole responsibility of a winner. In no event will Contest Entities be responsible to award more than the stated number of Prizes herein. Prizes, including any products received as a Prize may not be sold, resold, auctioned, bartered, or placed into any other unauthorized channels of distribution. Any Prize pictured in advertising or Contest materials is for illustrative purposes only and may not be the actual Prize awarded.
Grand Prize winners will be notified by email and will be required to sign, have notarized and return within the time specified an Affidavit of Eligibility, Liability and, where legal, Publicity Release prior to prize award, or else the Grand Prize will be forfeited and awarded to an alternate potential winner provided sufficient time exists prior to trip.
8. GENERAL CONDITIONS: In the event of noncompliance, if an Entrant becomes noncompliant or ineligible during or after the Contest Period, or if a potential winner cannot be reached on or within two separate attempts using the information provided on the Entrant’s Entry, that Prize will be forfeited and an alternate will be selected for the applicable Prize level in accordance with the applicable winner selection criteria herein. Prizes or Prize notifications that are unclaimed, returned, unresponsive, untimely, or otherwise undeliverable will be forfeited and will not be awarded or re-awarded. BY PARTICIPATING, ENTRANTS AGREE TO RELEASE, DISCHARGE AND HOLD HARMLESS THE SPONSOR, OTHER CONTEST ENTITIES, FACEBOOK, INSTAGRAM, TWITTER, AND THEIR PARENT, AFFILIATES AND SUBSIDIARY COMPANIES, ADVERTISING AND CONTEST AGENCIES, AND THEIR RESPECTIVE DISTRIBUTORS, OFFICERS, DIRECTORS, EMPLOYEES, INDEPENDENT CONTRACTORS, REPRESENTATIVES AND AGENTS FROM AND AGAINST ANY AND ALL ALLEGED AND/OR ACTUAL CLAIMS, CAUSES OF ACTION, DEMANDS, LOSSES, SETTLEMENTS (WHETHER OR NOT LITAGATION OR OTHER LEGAL PROCEEDINGS ARE COMMENCED), LIABILITIES AND DAMAGES OF ANY KIND WHATSOEVER EXISTING NOW OR ARISING IN THE FUTURE (INCLUDING, WITHOUT LIMITATION, BODILY INJURY, PERSONAL INJURY, DEATH, DISABILITY AND PROPERTY DAMAGE, VIOLATION OF PROPRIETARY, PUBLICITY, PRIVACY OR ANY OTHER RIGHT), COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES, COURT COSTS, SETTLEMENT AND DISBURSEMENTS) DIRECTLY OR INDIRECTLY ARISING OUT OF USE OF THE ENTRY IN WHOLE OR IN PART, THE ACCEPTANCE, POSSESSION, USE, MISDIRECTION, OR MISUSE OF A PRIZE, PARTICIPATION IN ANY CONTEST AND/OR PRIZE RELATED ACTIVITY OR CERTAIN INFORMATION, ACCESS/USE OF THE SOCIAL NETWORKS OR WEB SITES, AND/OR OTHER PARTICIPATION IN THIS CONTEST.
9. LIMITATIONS OF LIABILITY: Contest Entities are not responsible for any incorrect or inaccurate information, whether caused by Web site users, human error, tampering, hacking or by any of the equipment or programming associated with or utilized in the Contest and assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications failure, incompatibility, theft, loss or destruction of Entries. Contest Entities are not responsible for injury or damage to Entrants or to any other persons whether computer related or resulting from downloading materials from or use of any Web site. If, for any reason, the Contest is not capable of running as planned by reason of, but not limited to, tampering, unauthorized intervention, fraud, technical or other failures or errors, or any other causes which Sponsor deems, in its sole opinion, could corrupt or affect the administration, security, fairness, integrity or proper conduct of this Contest, Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Contest and select the winners from Entries received prior to the action or as otherwise may be deemed fair and equitable by Sponsor in Sponsor’s sole and absolute discretion. In the event of any discrepancy, ambiguity, inconsistency, printing or any other error or miscommunication in any advertising and/or Contest materials relating to this Contest these Official Rules shall govern. Contest Entities shall not be liable to Entrants, and/or winners or any other person for failure to execute the Contest, or supply a Prize or any part thereof, by reason of any act of God, any action(s), regulation(s) order(s) or request(s) by any governmental or quasi-governmental entity (whether or not the action(s), regulation(s), order(s) or request(s) prove(s) to be invalid), equipment failure, terrorist act, cyber-attack, earthquake, war, fire, flood, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any similar or dissimilar event beyond the Sponsor’s reasonable control.
In no event will Contest Entities, their parents, affiliates, subsidiaries and related companies, their advertising or promotion agencies and/or all their respective officers, directors, employees, independent contractors, representatives and agents, be responsible or liable for any damages or losses of any kind, including indirect, incidental, consequential or punitive damages arising out of your participation in this Contest, Contest related activities, or feature or access to, and use of, any participating internet site(s) or the downloading from and/or printing material downloaded from said site(s). Without limiting the foregoing, everything on this site is provided “AS IS” without warranty of any kind, either express or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
THIS CONTEST IS GOVERNED BY THE LAWS OF THE UNITED STATES AND THE STATE OF CALIFORNIA WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. As a condition of participating in this Contest, Entrants agree that any and all disputes that cannot be resolved between the parties and causes of action arising out of or connected with this Contest shall be resolved individually, without resort to any form of class action, exclusively before a court located in Los Angeles, CA having jurisdiction.
10. WINNERS LIST: For a list of winners, mail a self–addressed, sufficiently U.S. postage stamped envelope to Moonfrye Team, “Tell Us Why You Need a Vacation” Contest Winners’ List Request, Moonfrye, c/o David Altman, 10960 Wilshire Blvd Suite #1900, Los Angeles, CA, 90024, for receipt by 9/30/2013. Limit one (1) request per person/household address.
11. SPONSOR: Moonfrye Inc., c/o David Altman, 10960 Wilshire Blvd Suite #1900, Los Angeles, CA, 90024.