OFFICIAL CONTEST RULES
PLEASE REVIEW THESE OFFICIAL RULES BEFORE ENTERING THE CONTEST. NO PURCHASE IS NECESSARY TO ENTER OR WIN.
1. General Conditions.
Natuba's Funniest Photos sWiipstakes contest (the “Contest”) is sponsored by Hush Labs, LLC. (“Natuba.com”). By entering the Contest, you agree to abide by the terms of these Official Rules and by the decisions of Natuba.com relating to the Contest, which are final and binding in all respects. The Contest shall be governed by these Official Rules, the laws of the State of Texas, and applicable U.S. federal law. The Contest is void where prohibited by law. The Contest is also governed by Natuba.com’s Terms of Service, Guidelines for User-Submitted Photos, Rules of Conduct, and other policies pertaining to use of the Natuba.com website (collectively, the "Policies"). These Official Rules, however, will govern any conflict between any of the Policies and these Official Rules.
2. Who Can Enter?
In order to enter you must be a natural person and be age 13 or older. If you are under the age of 18 you must have the permission of your parent or legal guardian and they must have approved of and consented to you entering the Contest, submitting your photograph, and being bound by the Official Rules and Policies applying to the Contest.
You may not enter or win if you (a) are an officer, director, or employee of Natuba.com, or of its parents, subsidiaries, affiliates, divisions, agents, or advertising or promotion agencies, (b) any other person or entity involved with the design, production, execution, or distribution of the Contest, or (c) are an immediate family member or live in the household of any of the foregoing persons.
Natuba.com also reserves the right, at its sole discretion, to disqualify you if you (a) tamper with the entry process, the operation of the Contest, or the Natuba.com website or affiliated Web sites; (b) act in an unsporting or disruptive manner, or with intent to annoy or harass another person; or (c) are otherwise in violation of these Official Rules or the Policies. Any attempt by you to commit any such acts of misconduct also may be a violation of civil and criminal law, and Natuba.com reserves the right to seek damages from you to the fullest extent permitted by law.
3. How Do I Enter a Photograph?
In order to enter a photograph in the Contest, you must register as a member of Natuba.com using the online Signup form. When uploading a picture, you must tag it with "iwantawii." You may enter as many times as you like, but you are required to submit each entry separately.
4. What Photographs Can I Enter?
You may enter any funny pictures you find, but originality in the photograph helps.
You may enter images that have been digitally altered, so have fun with it!
You may not enter a photograph or
description that is overly offensive, including, but not limited to nudity, obscenity, defamatory statements,
or other objectionable content.
By entering a photograph in the Contest, whether or not it is eligible to win, you also are submitting the photograph and its accompanying description to Natuba.com review and approval pursuant to its Terms of Service. In particular, in order to display your photograph on Natuba.com, you will be granting Natuba.com a royalty free, worldwide nonexclusive, nonterminable, perpetual license to display your photograph on Natuba.com.
You, however, will retain ownership of all copyrights in your photograph.
You will be required to indicate your review and acceptance of Natuba.com’s Terms of Service as a condition of signing up as a member of Natuba.com and entering your photograph in the Contest. If this is not acceptable, do not attempt to enter your photograph.
5. When Can I Enter?
The Contest will run from Thursday, September 3, 2009 through Thursday, November 12, 2009. You must enter your photographs during that time frame. If you attempt to enter a photograph at any other time, Natuba.com may accept your photograph pursuant to its Terms of Service, but it will not be eligible to win.
6. When Will The Winner Be Announced?
The grand prize winner will be announced and their photograph displayed on the Natuba.com website on or before Thursday, November 19, 2009.
7. What Prizes Will Be Awarded?
One grand prize winner will receive a Nintendo Wii. The 9 runners up will receive a Natuba t-shirt, buttons, and stickers. The odds of winning a prize depend on the number of eligible photographs entered.
Natuba.com, however, reserves the right to refuse to substitute prizes of equal or greater value. In addition, all prizes are nonexchangeable, nontransferable, and nonredeemable for cash. No substitutions are allowed. All taxes, fees, and surcharges on any prize are the sole responsibility of the winner.
8. How Will My Photograph Be Judged?
The Natuba community (members of the website) will vote on all eligible submissions, using a thumbs up/thumbs down system, called "exposures."
The 10 pohtographs with the most positive "exposures" will make it to our judging panel on Thursday, November 12, 2009 at 11:59pm CST.
Our judges will make a decision and pick the top winner based on originality and hilarity factor.
9. What Happens If I Am A Winner?
The top 10 finalists will be notified by e-mail on Friday, November 13, 2009. You also may be asked for additional information if needed for tax purposes.
Any requested information and confirmation must be provided within thirty (30) days of request. You also understand that if we contact you as a prospective winner or request further information or confirmation from you, that does not mean that you will be declared a winner or awarded a prize. If you are an actual winner or will be awarded a prize, you will be notified as such by e-mail.
The grand prize winner will be notified on Thursday, November 19th.
10. What Am I Agreeing to By Entering a Photograph?
By entering the Contest you represent and warrant to Natuba.com that: (i) you meet all eligibility requirements of the Contest; (ii) all information provided and representations made by you in entering the Contest are true and correct; (iii) and that you have and will comply in all respects with these Official Rules (including the Policies, and all statutes, orders, regulations, and other laws applicable to the Contest).
Natuba.com may want to promote the winners of our Contest. By entering the Contest you also acknowledge and agree that your entry becomes available for display by Natuba.com. You also grant to Natuba.com the right to use and publish your name, likeness, photo, and photo title and description, both electronically (for example, on the Internet) and in print, in connection with the Contest at any time, except to the extent prohibited by law. By accepting a prize, you further acknowledge and agree that Natuba.com may use, without additional compensation, your name, likeness, photo, and photo title and description, for purposes of advertising, trade, and promotion, except to the extent prohibited by law. Natuba.com also reserves the right to use any and all information related to the Contest, including information submitted by you, in any manner permitted by the Policies.
By entering the Contest, you also release and hold harmless Natuba.com, its advertising and promotion agencies, the prize manufacturers, each of their respective parents, subsidiaries, and affiliates, and each of their respective officers, directors, employees, agents, and representatives from any and all damages, losses, liabilities, costs, or expenses of any kind arising out of or resulting from: (i) any violation by you of these Official Rules (including the Policies, and all statutes, orders, regulations, and other laws applicable to the Contest); (ii) the Contest, your entry in the Contest, or photographs entered in the Contest; (iii) your acceptance, possession, receipt, or use of any prize; (iv) any incorrect, incomplete, or garbled information caused by any technical or human error that may occur in the operation of the Contest, including without limitation printing or typographical errors in any Contest materials; (v) any problems or technical malfunctions (errors, omissions, interruptions, deletions, defects, or delays in operation or transmission) of any computer, telephone, modem, online system, server, or other communications equipment or provider; (vi) any failure of e-mail on account of Internet traffic congestion or otherwise (proof of transmission does not constitute proof of delivery); and (vii) any entry, e-mail, or other material or correspondence that has been tampered with or that is stolen, misdirected, incomplete, lost, late, nonconforming, ineligible, or damaged.
ALL PRIZES ARE GIVEN AWAY BY Natuba.com "AS IS." Natuba.com DOES NOT MAKE AND HEREBY DISCLAIMS ANY WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY (INCLUDING WITHOUT LIMITATION IMPLIED AND STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NONINFRINGEMENT), WITH REGARD TO ANY PRIZE(S) OR PORTION(S) THEREOF.
11. Can Natuba.com Change the Rules of the Contest?
Natuba.com intends to conduct the Contest in accordance with these Official Rules (including the Policies, and all statutes, orders, regulations, and other laws applicable to the Contest). It reserves the right, however, at its sole discretion, to suspend, modify, or terminate the Contest at any time. If, at any time, Natuba.com is unable to operate the Contest as planned (e.g., without limitation, due to financial or administrative difficulties, or due to fraud or technical failures such as a computer virus, bug, or other form of unauthorized intervention that corrupts the administration, security, fairness, integrity, or proper conduct of this Contest), Natuba.com may, in its sole discretion, suspend, modify, or terminate the Contest, or to refuse to award any or all prizes to photographs that fail to meet Natuba.com’s policies.
Should the Contest ever be suspended, modified, or terminated, notice will be given on the Natuba.com website. Natuba.com also will make good faith efforts to continue the Contest after any suspension and to award prizes based on entries received prior to any termination of the Contest.
12. What Happens If We Have A Dispute Over the Contest?
We promise that we will respond to any issues you may have in good faith and in a professional manner so that, if possible, they can be resolved to our mutual satisfaction through informal communications. If we are unable to resolve any issues between us on an informal basis, however, this Agreement provides that all disputes between you and us will be resolved by BINDING ARBITRATION. You may take your “small claims” disputes to court, but otherwise you cannot go to court to resolve any disputes we may have, and instead must go to arbitration. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. You are entitled to a FAIR HEARING, BUT the arbitration procedures are SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT. Arbitrator decisions are as enforceable as any court order and are subject to VERY LIMITED REVIEW BY A COURT. For more details, please see the paragraphs that follow.
Any dispute between you and Natuba.com arising out of or relating to the Contest, these Official Rules (including the Policies, and all statutes, orders, regulations, and other laws applicable to the Contest), or any prize shall be governed by and construed in accordance with the internal laws of the State of Texas, without regard for principles of conflicts of laws. Venue for any arbitration proceeding arising out of or relating to this Agreement, or civil actions, claims, or disputes relating to this Agreement, shall exist exclusively in Harris County, Texas. Any and all civil actions, claims, disputes or proceedings arising out of, or relating to, this Agreement shall be referred to final and binding arbitration, before a single arbitrator, under the commercial arbitration rules of the American Arbitration Association, provided however, that any disputes subject to the jurisdiction of the Small Claims or Pro Se Court Section of the Harris County Civil Division may be brought therein. Any arbitration shall be conducted in Harris County, provided, however, that if neither party is asserting claims totaling in excess of $10,000, either party may request a “desk arbitration” and that any hearings be held telephonically or by other means of electronic data transmission. You and we shall select the arbitrator, and if you and we are unable to reach agreement on selection of the arbitrator within thirty (30) days after the notice of arbitration is served, then the American Arbitration Association shall select the arbitrator. Arbitration shall not commence until the party requesting it has deposited One Thousand Dollars ($1,000.00) with the arbitrator as a retainer for the arbitrator's fees and costs. The party requesting arbitration shall advance such sums as are required from time to time by the arbitrator to pay the arbitrator's fees and costs until the prevailing party is determined or the parties have agreed in writing to an alternate allocation of fees and costs. Notwithstanding, if you are seeking damages in an amount less than $10,000, arbitration costs pending an award shall be allocated in accordance with the American Arbitration Association’s guidelines for consumer arbitration costs. The award shall include an assessment for all arbitration costs paid by the prevailing party and may include an assessment for the prevailing party’s attorneys’ fees. Judgment upon any award rendered by the arbitrator shall be final, binding and conclusive upon you and us, and your and our respective administrators, executors, legal representatives, successors and assigns, and may be entered in any court of competent jurisdiction. You may obtain further information on the arbitration process through the American Arbitration Association (firstname.lastname@example.org) (1-800-778-7879) and its website (www.adr.org) and on filing a small claims action
If any part of these Official Rules or the Policies is held to be invalid, illegal, or otherwise unenforceable, such part will be modified to the minimum extent necessary to make it enforceable while preserving to the maximum extent possible the original intent of Natuba.com, and the remaining parts of these Official Rules and Policies will remain in full force and effect.