“Beat My Face” Photo Contest Official Rules

THESE CONTEST RULES AND USERS’ PARTICIPATION IN CONTEST ARE SUBJECT TO BMF’S TERMS OF USE. THIS CONTEST IS INTENDED FOR VIEWING IN THE UNITED STATES ONLY AND SHALL ONLY BE CONSTRUED AND EVALUATED ACCORDING TO UNITED STATES LAW.

The “BeatMyFACE” Photo Contests ("Contest") will begin at 12:00 p.m. Eastern Time ("ET") each Wednesday and end at 10:00 a.m. ET each 2nd Friday following ("Contest Period") unless indicated otherwise. Participation in the Contest constitutes entrant’s full and unconditional agreement to these Official Rules, Terms of Use and Contest Entities’ decisions, which are final and binding in all matters related to the Contest.

How to Enter: Participants can enter the Contest by visiting the BeatMyFACE.com portal, creating a member/user profile with a profile picture, and uploading their Contest entry photo (“Entry”). Limit one (1) Entry per Contest per user. Contest Entities reserve the right to disqualify any person or email address that submits more than one entry or inappropriate material (i.e. pornography, profanity, vulgarity, racial slurs, personal attacks, non-facial photos, masks, ads or words in photos, etc. - see TOU). Contest Entities reserve the right to disqualify any person or address suspected of tampering with the entry process. All entries become the property of the Contest Entities.

Winner Determination and Notification: Prize Winners will be determined according to the results generated through an automated Voting Engine by way of vote/rating data submitted by online member/users from among all eligible votes received. The Voting Engine will be monitored by the Contest Entities. Limit one (1) Vote per Contest Entry per user per day. If an anonomous visiter votes on any entry more than once during any 24 hour period, that vote will simply update/replace the prior vote and will re-start the 24 hour clock. If a registered user has already voted on any entry once during any 24 hour period then a message will display to that effect. Contest Entities reserve the right to disqualify any person that submits more than one entry per contest, or to disqualify any person or address suspected of tampering with the entry or voting process. All member/user voting histories become the property of the Contest Entities. Contest Entities decisions are final in all matters relating to this Contest. Odds of winning will depend on the total number of eligible entries received. Prize Winners will be contacted by USPS mail or other delivery service of Contest Entities’ choice.

Prizes: There will be one (1) weekly Prize Winner in each Regular Contest. Prizes awarded in relation to Special Contests may vary. Prizes will be determined by the Contest Entities and posted on the BeatMyFACE.com website at the start of each Contest. The Approximate Retail Value (ARV) of each prize will be determined and posted in the BeatMyFACE.com website in conjunction with the posting of prizes at the start of each Contest. By accepting the aforementioned prize, prize winner agree to release the Contest Entities and Contest Entities from any and all liability whatsoever for any injuries, losses, or damages of any kind caused by entering the Contest, and/or for damages of any kind caused by any prize or resulting from acceptance, possession, or use or misuse or failure to use any prize awarded, and/or while preparing for, participating in, and/or traveling to and from any prize-related activity. Contest Entities has not made any warranty, representation or guarantee, expressed or implied, in fact or in law, with respect to any prize and specifically disclaims all such warranties, including, without limitation, any warranty of merchantability or fitness for a particular purpose. Prize is not exchangeable, transferable, or redeemable for cash (unless explicitly noted). There are no substitutions unless specified by Contest Entities. Contest Entities reserve the right in their sole discretion to substitute the prize package with another prize of equal or greater value. All decisions by Contest Entities as to prize winner and prize are final.

Prize Conditions: All local, state and federal taxes are the sole responsibility of winner. Prize winners will be required to sign an Affidavit of Eligibility and Liability/Publicity Release and return it within 14 days of written notification by mail or prize may be forfeited and an alternate potential winner selected. If a prize or prize notification is returned as unclaimed or undeliverable to a potential winner, if potential winner cannot be reached within three (3) calendar days from the first notification attempt, if potential winner fails to return requisite document within the specified time period, or if a potential winner is not in compliance with these Official Rules/TOU, then such person shall be disqualified and, at Contest Entities’ sole discretion, an alternate winner may be selected for the prize at issue. The potential winner is subject to verification before any prize will be awarded. The winner’s entry and acceptance of any prize offered constitutes permission (except where prohibited) for Contest Entities to use said winner’s name, photograph, likeness, statements, biographical information, voice and address (city and state), in all forms of media worldwide, in perpetuity, without limitation, notice or further compensation.

Internet Limitations of Liability: If for any reason this Contest is not capable of running as planned due to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of the Contest Entities which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Contest, Contest Entities reserve the right at their sole discretion, to cancel, terminate, modify or suspend the Contest in whole or in part, at any time, without notice and award the prizes using all non-suspect eligible entries received as of or after (if applicable) this termination or suspension date. Contest Entities assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries. The materials appearing on the BeatMyFACE.com web site could include technical, typographical, or photographic errors. BMF does not warrant that any of the materials on its web site are accurate, complete, or current. Contest Entities may make changes to the materials contained on its web site at any time without notice. Contest Entities does not, however, make any commitment to update the materials. Contest Entities has not reviewed all of the sites linked to its BeatMyFACE.com web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Contest Entities of the site. Use of any such linked web site is at the user's own risk. Contest Entities are not responsible for any problems or technical malfunction of any telephone network or telephone lines, computer on-line systems, servers, or providers, computer equipment, software, failure of any e-mail or entry to be received on account of technical problems, human error or traffic congestion on the Internet or at any Website, or any combination thereof, including any injury or damage to participant's or any other person's computer relating to or resulting from participation in this Contest or downloading any materials in this Contest. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE CONTEST ENTITITES RESERVE THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON (S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. In the event of a dispute as to the identity of a winner based on an e-mail address or username, the winning Entry will be declared made by the authorized account holder of the e-mail address submitted at 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, on-line 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.

Official Rules, Terms of Use: This Contest is subject to all applicable federal, state, and local laws and regulations. By participating, entrants agree to abide by and be bound by these Official Rules, Terms of Use, and the decisions of the Contest Entities, and waive any right to claim ambiguity in the Contest or in these Official Rules/Terms of Use. Contest Entities may revise these Rules for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Official Rules/Terms of Use. Any person attempting to defraud or in any way tamper with the Contest mechanics and/or implementation will be prosecuted to the full extent of the law.

Disputes: By entering the Contest, Entrants agree that 1.) Any and all disputes, claims, and causes of action arising out of or connected with the Contest, or any prizes awarded, shall be resolved individually, without resort to any form of class action; 2.) Any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Contest but in no event attorneys' fees; and 3.) Under no circumstances will any Entrant be permitted to obtain any award for, and entrant hereby waives all rights to claim, punitive, incidental or consequential damages, and any and all rights to have damages multiplied or otherwise increased, and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules/Terms of Use, or the rights and obligations of the Entrants or the Contest Entities in connection with the Contest, shall be governed by, and construed in accordance with the laws of the state of Maine without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of the laws of any jurisdiction other than the state of Maine. Any legal proceedings arising out of this Contest or relating to these Official Rules/Terms of Use shall be instituted only in the federal or state courts located in the state of Maine, county of Androscoggin, and the parties consent to jurisdiction therein with respect to any legal proceedings or disputes of whatever nature arising under or relating to these Official Rules/Terms of Use. The invalidity or unenforceability of any provision of these Official Rules/Terms of Use shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules/Terms of Use shall otherwise remain in effect and be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. The values of the prizes set forth represent Contest Entities’ good faith determinations of the ARV thereof and such determinations are final and binding and cannot be appealed.

Winner List: To request confirmation of the name and address (city and state) of the Contest winners, please send a self-addressed, stamped business size envelope to: “BeatMyFACE” Contest, Winner List Request, 259 Minot Avenue, Auburn, ME 04210. Request must indicate date range of Contest information requested.

 

June 21, 2012