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Model Contest Rules

SPIRIT HALLOWEEN MODEL CONTEST

 

OFFICIAL RULES

 

NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.

 

1. Eligibility: THE SPIRIT HALLOWEEN MODEL CONTEST (the "Contest") is open to legal residents, eighteen (18) years of age or older at the time of entry, of the United States at select Spirit Halloween locations in Seattle, Denver, San Francisco Bay, Orlando, Chicago, Phoenix, Washington DC, and New York City. Employees, officers, directors (and their immediate families and those living in their same households) of Spirit Halloween Superstores LLC (hereafter "Sponsor"), their parent companies, subsidiaries, affiliates, partners, distributors, retailers and advertising, promotion, licensing and public relations agencies (collectively, "Contest Parties") are not eligible to participate in this Contest.  Void in The U.S. Virgin Islands, U.S. military installations in foreign countries & all other U.S. territories and possessions and where otherwise restricted or prohibited by law.  Participation constitutes entrant's full and unconditional agreement to these Official Rules and Sponsor's and Administrator's decisions, which are final and binding in all matters related to the Contest. Winning a prize is contingent upon fulfilling all requirements set forth herein.

 

2. Sponsor: Spirit Halloween Superstores LLC, 6826 Black Horse Pike, Egg Harbor Twp., NJ 08234

 

3. Timing: The Contest begins on October 31, 2009 at 12:00 a.m. Eastern Time ("ET") and ends on November 8, 2009 at 11:59 p.m. ET (the "Promotion Period").

 

4. How To Enter: On October 31, 2009, go to any Spirit Halloween retail store participating in the Halloween-a-thon.  The Halloween-a-thon will be held during the hours of 12:00 a.m. to 7:00 a.m. on October 31, 2009. A list of participating locations can be found at www.spirithalloween.com. You must attend a Halloween-a-thon to be eligible to participate in the Contest.  Go online to www.spirithalloween.com/halloweenathon_entertowin and follow the Contest instructions to submit an online entry, including all required information and photos. By entering the Contest and uploading a photograph, the entrant hereby represents that he/she is the owner of the photo and owns all rights to the use of the photo. Entrants will be disqualified if the photo submitted violates any of the following conditions: content violates a third party's right of publicity including, but is not limited to, unauthorized use of third party likeness; content that violates a third party's right of privacy including, but is not limited to, unauthorized photographs of a third party in a private situation, public disclosure of a third party's private facts that may be embarrassing to the party, or content that portrays a third party in a false light or creates a false impression about the party; content that depicts pornographic or other inappropriate images or likenesses of minors or any other content that exploits minors. All entries must be received during the Promotion Period, according to Sponsor's time clock.  Any mail-in entries or late entries submitted will not be accepted, will be void and automatically destroyed without opening.  Each participant may enter one (1) time during the Promotion Period.  Multiple entrants are not permitted to share the same email address. Any attempt by any entrant to obtain more than one (1) entry by using multiple/different email addresses, identities, or any other methods will void that entrant's entries and that entrant may be disqualified. Use of any automated system to participate is prohibited and will result in disqualification. In the event of a dispute as to any registration, the authorized account holder of the email address used to register will be deemed to be the registrant or player. The "authorized account holder" is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Each potential winner may be required to show proof of being the authorized account holder.  By participating, entrants agree to abide by these Official Rules and to the decisions of the judges, which shall be final and biding in all matters relating to this Contest.  The odds of winning depend upon the number of entries received.

 

5. Grand Prize Winner: On or about November 20, 2009, one (1) grand prize winner shall be selected by a panel of judges selected by Sponsor.  The grand prize winner shall be selected from all eligible entries received within the time limits specified in these Official Rules. The potential winner will be notified by email and telephone. Failure to respond to notification within five (5) business days from the date of notification shall result in disqualification and an alternate winner will be selected.  The potential winner will be required to respond to questions verifying attendance at a Halloween-a-thon event and sign and return to Sponsor, within ten (10) days of the date notice or attempted notice is sent, an Affidavit of Eligibility, Liability & Publicity Release in order to claim his/her prize. If a potential winner cannot be contacted, or fails to sign and return the Affidavit of Eligibility, Liability & Publicity Release within the required time period, potential winner forfeits prize. Potential winner must continue to comply with all terms and conditions of these Official Rules, and winning is contingent upon fulfilling all requirements. In the event that the potential winner is disqualified for any reason, Sponsor will award the applicable prize to an alternate winner from among all remaining eligible entries. Only three (3) alternate selections shall be made, after which the prize will remain un-awarded. Prize will be fulfilled approximately 8-10 weeks after the winner is confirmed.  Contest parties reserve the right to modify the notification procedures in connection with the selection of alternate winner(s), if any.  All entries are subject to verification prior to awarding of prizes.  Eligibility, age, and claims made by prize winners also are subject to verification prior to awarding prizes. 

 

6. Prizes:

 

One (1) grand prize winner will receive a prize package to include:

 

i)               Round-trip car service or air fare (coach) from a commercial airport near winner's residence to Spirit Halloween Headquarters in Egg Harbor Twp, NJ

ii)             1-night accommodations at a Hotel which will be selected by Sponsor

iii)            A photo shoot with a professional photographer

iv)            The chance to be featured in Spirit Halloween catalogue, digital media, and product packaging.

 

 

Combined ARV of the grand prize package: $1,500. Any and all taxes on the prize, and any other costs, fees, and expenses not explicitly stated herein are the sole responsibility of the prize recipient.

 

7. Release: By receipt of any prize, each winner agrees to release and hold harmless Sponsor, Administrator, and their respective subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and prize suppliers, and each of their respective parent companies and each such company's officers, directors, employees and agents (collectively, the "Released Parties") from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Contest or receipt or use or misuse of any prize; or participation in any Contest-related activity.

 

8. Publicity: Except where prohibited, participation in the Contest constitutes each winner's consent to Sponsor's and its agents' use of winner's name, likeness, photograph, voice, opinions and/or hometown and state for promotional purposes in any media, worldwide, without further payment or consideration.

 

9. General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Contest, or any part of it, if any fraud, technical failures or any other factor beyond Sponsor's reasonable control impairs the integrity, fair play, or proper functioning of the Contest, as determined by Sponsor in its sole discretion. 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 any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Contest may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.

 

10. Limitations of Liability: The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Contest; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Contest; (4) technical or human error which may occur in the administration of the Contest or the processing of entries; (5) late, lost, undeliverable, damaged or stolen mail; or (6) any 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 or use or misuse of any prize. If for any reason an entrant's entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant's sole remedy is another entry in the Contest, provided that, if it is not possible to award another entry due to discontinuance of the Contest, or any part of it, for any reason, Sponsor, in its sole discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any or all of the prizes offered herein. No more than the stated number of prizes will be awarded. In the event that production, technical, seeding, programming or any other reasons cause more than the stated number of prizes as set forth in these Official Rules to be available and/or claimed, Sponsor reserves the right to award only the stated number of prizes by a random drawing among all legitimate, un-awarded, eligible prize claims.

 

Neither sponsor nor the Contest entities make any warranty, representation or guarantee, express or implied, in fact or in law, relative to the use of any prize, including, without limitation, quality, merchantability or fitness for a particular purpose (unless sponsor provides the prize winner with written warranties).  Further, no responsibilities are accepted for any additional expenses, omissions, delays or acts of any government or authority

 

11. Jurisdiction and Jury Trial Waiver: Contest is subject to all applicable federal and state laws and regulations.  The Contest is governed by the laws of New Jersey.  Except where prohibited by law and as a condition of participating in this Contest, entrant hereby waives any right it may have to a trial by jury in respect of any litigation directly or indirectly arising out of, under, or in connection with this Contest, any document or agreement entered into in connection herewith and any of the transactions contemplated hereby or thereby.

 

12.  Privacy: This Contest is administered in accordance with Sponsor's privacy policy, which may be found at http://www.spirithalloween.com/privacy-policy/. By participating in the Contest you authorize Sponsor to communicate with you by e-mail, postal mail, facsimile, standard cellular telephone line and/or text messaging, consistent with the privacy policy.

 

13.  Winners List and Official Rules:   For a copy of these official rules, a name of the winner, please send your request, along with a self-addressed stamped envelope to: SPIRIT HALLOWEEN MODEL CONTEST 6826 Black Horse Pike, Egg Harbor Twp., NJ 08234-4197.