1. Terms and Conditions, Information on how to enter and prizes form part of these Official rules. Participation in this competition is deemed acceptance of these rules, terms and legal conditions and to accept all decisions of Avishi Organics, which are final and binding on all matters pertaining to this Contest.
2. The Sponsor and Promoter is Avishi Organics, Maryland USA.
3. Entry is only open to US residents, 18 years and older. Do not participate in the contest if you are not a legal resident of and physically located in one of the fifty (50) united states, except Rhode Island, or in the District of Columbia, but no other U.S. territories, at the time of entry or if you do not fall within the eligibility requirements set forth in these Terms, Conditions and Eligibility requirements.
4. Eligibility: The “Beautiful Bellies Photo Contest” (Contest) is open only to legal residents of the fifty (50) United States, except for Rhode Island, and including the District of Columbia (but no other U.S. Territory), who are 18 years or older at time of entry, and who currently reside in the United States. Any employee of Avishi Organics and his/her household or immediate family members, including, but not limited to spouse, siblings, children, parents, partners, and roommates, are not eligible to enter.
The Contest is VOID WHERE PROHIBITED OR RESTRICTED BY LAW and is subject to all federal, state and local laws and regulations.
NO PURCHASE NECESSARY TO ENTER OR WIN.
1. Anyone with a unique Facebook Account can participate. To participate, entrants must register online on the application found at https://www.facebook.com/AvishiOrganics?v=app_451684954848385 between 12:01 a.m. Pacific Time (PT) on May 2, 2013 and 11:59 p.m. Pacific Time (PT) on June 30, 2013
2. All entrants must then first “like” the Avishi Organics Facebook page. This provides access to the competition entry page.
3. Entrants must then fill in their name, email address, read and agree to the terms and conditions, and upload their favorite pregnant belly photo, after obtaining the permission of all persons in the photo and of the photographer, if not taken by the entrant. The photo may be a current photo or a photo of a past pregnancy.
4. When submitting an entry, an entrant must comply with all applicable laws and regulations and must not post, submit or transmit any information, image, text or other material of any kind whatsoever:
a. That is not original material in which the entrant owns copyright, unless the entrant is authorized by the copyright owner to post or transmit that material for the purposes of the competition;
b. That violates or infringes upon the rights of any other person, including a persons intellectual property or privacy rights;
c. That is unlawful, offensive, threatening, abusive, defamatory, derogatory, obscene, vulgar, profane or indecent or that is sexual or pornographic in nature;
d. That vilifies, insults or humiliates any person on the basis of race, religion, ethnicity, gender, age, sexual orientation or any physical or mental disability;
e. That identifies any person other than the entrant, unless the entrant has obtained the consent of that person to submit the material for the purposes of the competition;
f. That advertises or promotes any goods or services or includes any information that references websites, competitions, email addresses, telephone numbers or schemes, or otherwise for commercial purposes; or that is knowingly incorrect, misleading or deceptive.
Avishi Organics will decide any disqualification of a photo and/or caption for being “inappropriate” at its sole discretion and such decision is final, binding, and is not subject to appeal.
5. Only one Entry per unique Facebook account is permitted. If any entry is disqualified, subsequent entries from the same Facebook account will not be allowed. Avishi Organics is not responsible for lost, late, incomplete, stolen, illegible, illegitimate, impermissible or misdirected entries for any reason.
6. Entries submitted using any kind of bot or automated technology will be deleted and disqualified.
7. Each entrant agrees to indemnify and hold Avishi Organics and its officers, directors, agents, employees, and third-party service providers, harmless from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown including reasonable attorneys’ fees, arising out of a breach of their representations and warranties set forth in these Terms, Conditions and Official Rules, or their violation of any law or the rights of a third party.
1. Anyone with a unique Facebook account can vote. To vote, voters must “Like” the Avishi Organics Facebook page.
2. Voting opportunities are limited to one vote per individual Facebook account per day.
1. One (1) winner and two (2) runners-up of the “Beautiful Bellies Photo Contest” will be determined by number of votes received from visitors to the Facebook Photo Contest at https://www.facebook.com/AvishiOrganics?v=app_451684954848385 between May 3, 2013 and June 30, 2013.
1. Entrants that submitted the winning photos will win the prizes if they meet all of the Conditions Of Receipt of Prize:
a. The Winners must comply with all terms and conditions of these Official Rules. False or deceptive entries or acts will render the entrant ineligible. If such information is discovered by Avishi Organics after each Winner has received notice of their prize and before the prize is awarded, Avishi Organics will withdraw the prize in its entirety. If a portion of their prize has already been awarded, Avishi Organics will withdraw the remainder of the prize that has not been fulfilled.
1. The entrant with the most votes, deemed to be the winner of the “Beautiful Bellies Photo Contest” by Avishi Organics, will be awarded one $400 Amazon eGift Card and one bottle of the Avishi Organics Intensive Repair Oil for Stretch Marks and Scars, if they meet the Conditions of Receipt of Prize. Two (2) runners-up with the 2nd and 3rd most number of votes will be awarded a bottle each of Avishi Organics Intensive Repair Oil for Stretch Marks and Scars,if they meet the Conditions of Receipt of Prize. The prizes awarded are non-transferable and cannot be redeemed for cash. Other restrictions may apply. Only the determined and notified winners may receive the prize. If the Winners do not claim their prize by July 30, 2013, or do not meet the Conditions of Receipt of Prize, the prize will be forfeited and will be awarded to an alternate Winner next in line to receive the prize based on votes for their photo and who will be required to respond by August 30, 2013, and to meet the Conditions of Receipt of Prize. In the event of a dispute about the identity of a Winner based on an email address, the winning Entry will be declared made by the person associated with the unique Facebook account that submitted the winning photo.
2. In the event of a tie, contest may be extended, or winning entry will be decided by Avishi Organics at its discretion based on which entry best embodies the beauty of pregnancy and motherhood
3. Only one (1) $400 Amazon Gift card and three (3) bottles of Avishi Organics Intensive Repair Oil for Stretch Marks and Scars will be awarded. If anyone commits any illegal or fraudulent acts or if there are any errors in the administration of this contest that prevents the determination of only One (1) winner and two (2) runners-up, Avishi Organics has the right to cancel this contest, including the right to decide not to award any prizes.
The three (3) entrants that submitted the winning and runners-up photos will be notified by e-mail, using the email address supplied on the Contest Entry Form by July 10, 2013 and will receive instructions on how to obtain their prize
Conditions of Receipt of Prize:
As a condition of receiving a prize, the entrants that submitted the winning photos must:
1. Sign an Affidavit of Eligibility and Compliance with Rules and Liability/Publicity Release, where permitted by law;
2. Submit signed Model Release Forms and Photographer Release Forms, if applicable; and
3. License the photo and caption to Avishi Organics, as stated in the paragraph below, and submit an additional license from the photographer, if the entrant did not take the photo.
4. License by Entrant: For any content that you submit and to the extent that you hold any rights in the photo submitted, you grant Avishi Organics a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such content and/or incorporate such content into any form, medium or technology throughout the world without compensation to you.
5. Additional License By Photographer: For any content that the photographer grants permission for the entrant to submit in the “Beautiful Bellies Photo contest”, the photographer grants Avishi Organics a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such content and/or incorporate such content into any form, medium or technology throughout the world without compensation to you.
The odds of winning a prize depend on the total number of eligible Entries received, but there will only be 1 Winner and 2 Runners-up that receive prizes after meeting the Conditions of Receipt of Prize.
Use of Photos and Information:
1. Nothing in these Official Rules shall obligate Avishi organics to publish or otherwise use any information submitted in connection with this Contest. In Avishi Organics’ sole discretion and in conformity with applicable law, the name and state of residency of a Winner and/or his/her photo and caption may be posted on avishiorganics.com and related social and electronic media outlets, may be announced in catalogs or other paper communications, and may be published in any other applicable media.
2. The Winners’ names and states will be sent to other entrants requesting the Winners’ names.
3. By participating in the Contest, each Winner consents to the use of the photo submitted, the caption submitted, and their name for advertising and publicity purposes without further compensation, and without the right of review, notification or approval, where permitted.
Modification or Cancellation:
Avishi Organics reserves the right, in its sole discretion, to modify or cancel the contest without prior notice should any event, including but not limited to a virus, bug, technical or computer problem, unauthorized intervention, fraud, problems with Facebook, or other cause beyond Avishi Organics’ control, corrupt or adversely affect the administration, security, fairness, or proper play of the Contest, or otherwise impair its integrity. In the event of cancellation, Avishi Organics may elect to award prizes to the winners from among all eligible entrants who entered the Contest prior to cancellation. Any attempt made by a participant to undermine the legitimate operation of the Contest may be a violation of criminal and civil laws and, should such an attempt be made, Avishi Organics reserves the right to seek damages from and prosecute you to the fullest extent permitted by law.
Avishi Organics assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communication line failure, theft or destruction or unauthorized access to, or alteration of, entries. Avishi Organics is not responsible for any problems or technical malfunction of Facebook, of any telephone network or telephone lines, computer on-line systems, servers, or providers, hardware, software, failure of any Entry to be received by Avishi Organics on account of technical problems, human error or traffic congestion on the Internet or at any website, lost or unavailable network connections, fraud, incomplete, garbled or delayed transmissions, or any combination thereof, including any injury or damage to your or any other person's computer relating to or resulting from participation in the contest or downloading any materials in the Contest, or which limits your ability to participate in the Contest. Winner agrees that Avishi organics and its affiliates, and their respective directors, officers, employees, assigns, agents and representatives are not liable whatsoever for injury, damage, expense, accident, delay, irregularities, loss or claim caused or claimed to be caused, directly or indirectly, by participation in the contest, or by the acceptance, possession, use or misuse of any prizes awarded.
By participating in the Contest, you release and hold harmless Avishi Organics and its affiliates, and their respective directors, officers, employees, assigns, agents and representatives from any and all liabilities, injuries, claims, losses, damages to any person or expenses of any kind arising, directly or indirectly, from or in connection with, in whole or in part, participation in this Contest or the acceptance and/or use or misuse of any prizes awarded or claims based on publicity rights, defamation, or invasion of privacy. Any and all claims, judgments and awards shall be limited to reasonable actual out of pocket costs incurred, including costs associated with entering the Contest, but in no event shall you be entitled to attorneys' fees. Under no circumstances will you be permitted to obtain awards for and you hereby waive all rights of claim to punitive, incidental and consequential damages and any other damages, other than for reasonable actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. AVISHI ORGANICS MAKES NO WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO THE CONDITION OF THE PRIZE, OR ANY PRODUCT OR SERVICE PURCHASED THEREWITH, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
Avishi Organics’ decisions as to all matters related to the administration of the Contest and selection of the prize winners are final, and by entering the Contest participants agree to abide by these official rules and all of Avishi Organics’ decisions. Participants agree that any and all disputes, claims, and causes of action arising out of or connected with the Contest, or any prizes awarded, other than the administration of the Contest or the determination of winners, shall be resolved individually, without resort to any form of class action, in accordance with the laws of the State of Maryland, and exclusively the appropriate Maryland state court within Montgomery County, Maryland. By participating in the Contest, you consent to the personal jurisdiction of such courts and waive any and all objections thereto.
Winners’ List and Sponsor: To obtain the names and states of the prize winners, email a request with subject “Beautiful Bellies Photo Contest” to the Sponsor: Avishi Organics at firstname.lastname@example.org. The Winners’ List will be available on and after the date the winners are finally determined by voting and meeting the Conditions For Receipt of Prize.