On IK Multimedia's Facebook page, a “Photo Caption Contest” called "iKaption"
is published (the “Contest”). These rules apply to each of those contests.
The Contest begins on the date stated on the IK's Facebook page and entry ends at 11:59 P.M. PST (GMT - 8) on May 10th, 2013 voting ends
at 11:59 P.M. PST (GMT - 8) on May 17, 2013. For the exact date
of entry and ending date for the current Contest, please refer to the
entry-form page.
To enter, first download the original picture from the contest entry page,
then fill in the information on the entry page, upload the picture, and
include a caption of 250 characters or less for the uploaded photo (the
“Submission”) - note you can (and are encouraged to) also place a caption
directly on the image itself using graphic software or any number of available
web sites/resources available to do so. One entry per person's Facebook
account per day. Any IK Facebook fan age eighteen or over can enter, except
employees, agents, or representatives of Sponsor or any other party associated
with the development or administration of the Contest or its prizes, or any
member of their immediate family.
Entries or votes that are lost, late, misdirected, garbled, or incompletely
received, for any reason, including by reason of hardware, software, browser,
or network failure, malfunction, congestion, or incompatibility at the Web
site or elsewhere, is not the responsibility of the Sponsor, and will not be
eligible. In the event of a dispute, entries/votes will be deemed submitted by
the authorized account holder of the Facebook account at time of entry.
Sponsor, in its sole discretion, reserves the right to disqualify any person
tampering with the entry or voting process, the operation of the Web
site/Facebook/app, or otherwise in violation of the rules. Use of bots or
other automated processes to vote or enter is not allowed and may result in
disqualification at Sponsor's discretion. Sponsor further reserves the right
to cancel, terminate, or modify any Contest not capable of completion as
planned, including infection by computer virus, bugs, tampering, unauthorized
intervention, force majeure, voter fraud or technical failures of any sort.
Sponsor is not responsible for errors in the administration or fulfillment of
this Contest, including without limitation, mechanical, human, printing,
distribution or production errors, and may modify this Contest based upon such
error at its sole discretion without liability and where circumstances make
this unavoidable.
Entrants represent and warrant that their Submission (caption) is their
original work, it has not been copied from others, and it does not violate the
rights of any other person or entity.
All entry materials become the property of Sponsor and will not be
acknowledged or returned. The copyright in any Submission shall remain the
property of the entrant, but entry in this Contest constitutes entrant's
irrevocable, perpetual permission and consent to Sponsor and others authorized
by Sponsor, without further compensation or attribution, to use, reproduce,
print, publish, transmit, communicate to the public, distribute, sell,
perform, adapt, enhance or display the Submission and the entrant's name and
city and state for editorial, advertising, commercial and publicity purposes,
in any and all media now in existence or hereinafter created, throughout the
world, for the duration of the copyright in the Submission. The entrant also
consents to the Sponsor doing (or omitting to do) any acts in respect of the
Submission which may otherwise constitute an infringement of the entrant's
moral rights. Sponsor and/or others authorized by the Sponsor shall have the
right to edit, adapt, and modify the Submission. Nothing in these official
rules limits, excludes or modifies or purports to limit, exclude or modify any
statutory consumer guarantees or any implied condition or warranty the
exclusion of which from these official rules would contravene any statute or
cause any part of these official rules to be void (“Non-Excludable
Guarantees”). Subject to the limitations in the preceding sentence, the
Sponsor excludes from these official rules all conditions, warranties and
terms implied by statute, general law or custom. Except for liability in
relation to a Non-Excludable Guarantee or except in the case of death or
personal injury arising from the Sponsor's negligence, or in respect of fraud,
each entrant releases and discharges the Sponsor, the judges, any party
associated with the development or administration of the Contest, their
employees, agents or representatives or any of their parents, subsidiaries, or
affiliates from any and all liability in connection with the Contest,
including without limitation, legal claims, costs, losses or damages, demand
or actions of any kind.
A winner will be selected from each Contest by a member or members of the
staff of IK Multimedia (the “Judge(s)”) based on the number of votes received.
The winner's caption/photo will be published on the iKaption Contest page, IK
Multimedia web site, and IK Multimedia social network pages, along with any
finalist's name and city and state. In the event two or more valid entries
contain the identical caption (including punctuation) and are selected as
winner, the entry which was first received by the Sponsor will be the deemed
as the finalist, and the other entries will not be included as a finalist. All
decisions of the Judge(s) in all matters relating to the Contest are final and
binding.
The winner of each Contest will be: The person whose caption received the
greatest number of valid votes (“Votes”) from the public and who satisfies all
of the rules (“Qualified Winner”). One Vote per Facebook account per
submission/photo. Please see the voting page for any additional details on how
to vote for particular finalists and on the deadlines for voting.
The Judge(s) will use the contest app to tabulate the Votes and announce the
winner on the iKaption Contest page, the IK web site, and IK social network
pages. Chance plays no part in the determination of the winner.
The Qualified Winner of the iKaption Contest will receive a prize pack
including eleven (11) IK Multimedia mobile music accessories (the “Prize”) as
seen in this picture:
http://www.ikmultimedia.com/about-us/images/hw_mobile_products_range+keys718.jpg
If the winner cannot be contacted or does not respond within three (3) days,
an alternate winner may be selected, and awarded to the person whose caption
received the next greatest number of votes. The approximate retail value of
the Prize is $750. Income and other taxes, if any, are the sole responsibility
of the winner.
Subject to all federal, state, and local laws and regulations. Void where
prohibited. All disputes arising or connected with the Contest shall be
governed by Florida law and will be resolved individually, without resort to
class action exclusively in a state or federal court located in Sunrise,
Florida. As permitted by law, any judgments or awards shall be limited to out
of pocket damages (excluding attorneys' fees), and shall not include any
indirect, punitive or consequential damages.
The Prize is not transferable. No substitutions for the Prize except by
Sponsor, in which case a prize of equal or greater value will be substituted.
Except where prohibited: (i) acceptance of the Prize constitutes consent to
use winner's name, likeness, and winning entry for editorial, advertising, and
publicity purposes, without further compensation; (ii) winner may be required
to sign an affidavit of eligibility and copyright
transfer/liability/publicity/permission release. If the winner is deemed to be
a minor under the jurisdiction of his/her residence, the parent or legal
guardian must execute the necessary affidavit and release. Affidavits and
releases must be returned within ten (10) days of attempted notification or an
alternate winner may be chosen. The Sponsor collects personal information in
order to conduct the Contest and may, for this purpose, disclose such
information to third parties, including, but not limited to, prize suppliers.
Entry is conditional on providing this information. Unless otherwise requested
by an entrant, the Sponsor may also use the information for promotional,
marketing and publicity purposes. Entrants should direct any request to
access, update or correct information to the Sponsor.
This Contest is sponsored by IK Multimedia US LLC, (“Sponsor”), Sunrise, FL.
Promotion not sponsored, endorsed, administered by, associated with Facebook.