Void outside the 50 United States and where prohibited. Do not proceed in this site if you are not at least 21 years of age and a legal resident of, and located within, one of the 50 United States (excluding Puerto Rico) at the time of entry, with Internet access and email sending capability prior to Februar 28, 2009.
NO PURCHASE NECESSARY TO ENTER OR WIN.
Contest begins January 30, 2009 and ends February 28, 2009 ("Contest Period"). Online entries must be received by 11:59 p.m., PST, February 28, 2009. Entries become the property of CeWe Color AG & Co. OHG, Meerweg 30-32, 26133 Oldenburg, Germany ("Sponsor") and will not be acknowledged or returned.
ENTRY: Visit www.SmileBooks.com between January 30, 2009 and February 28, 2009 (the "Entry Period") and email at contact@SmileBooks.com your Smile of the Winter photo. The photo must show one or more smiling persons. Photos must be .jpeg, .png, .tif or .bmp image formats and cannot exceed 2 MB. Photos must be original, non-professional, unpublished and may not have won any prize or award. Photos must not contain material that violates or infringes the rights of another, including but not limited to privacy, publicity or intellectual property rights, or that constitutes copyright infringement. Photos must not contain brand names or trademarks.
LIMIT: One entry per person per household. No group entries. Sponsor reserves the right, in its sole discretion, to reject, disqualify, modify, edit, and revise any entries, subjects, photos, or related materials that are nude, obscene, defamatory, profane, offensive, lewd, pornographic, false, misleading, deceptive, or otherwise inconsistent with its editorial standards, audience expectations, or reputational interests or that Sponsor believes may violate any applicable law or regulation or the rights of any third party. Sponsor reserves the right, in its sole discretion, to verify any element of any entry or related materials and to disqualify any entrant whose participation may subject the contest, Sponsor, or Sponsor's advertisers, clients, or customers to controversy, negative publicity, scorn, or ridicule.
ELIGIBILITY: Legal residents of the 50 United States, and the District of Columbia, 21 years of age or older are eligible to enter, except employees of Sponsor, and any other organizations affiliated with the sponsorship, fulfillment, administration, prize support, advertisement or promotion and/or their respective agents, affiliates, subsidiaries, and members of their immediate families or persons residing at the same address.
WINNER SELECTION: Decisions of Sponsor management with respect to the contest are final. Winners: A panel of judges, selected at the sole discretion of the Sponsor will select one winning photo for each winning category from all the photo entries received. Winners will not be randomly chosen. The judges will select the images that present the best smiles. The person submitting the winning entry will be deemed a Winner. Entries are eligible for judging only once. Photos cannot be submitted or considered for a prize in more than one winning category. Decisions of contest judges are final. The judges will not discuss the individual photos for any reason after the contest. Winners will be anounced by March 16, 2009 and be notified by email. If the chosen winner cannot be reached, no additional winner will be selected. Sponsor reserves the right to not choose a winner for any winning category if no submitted entries satisfy judging criteria or if no eligible photos are submitted. Prize Winners must agree to satisfy all conditions and terms of prize established by Sponsors, and must execute any required Affidavit of Eligibility and/or Release of Liability Prize Acceptance Form before any prize is awarded.
PRIZING: For every category one (1) winner will receive a $100.00 SmileBooks gift certificate. Two (2) second prize winners will receive a $50.00 and two (2) third prize winners will receive a $50.00 SmileBooks gift certificate.
Sponsor reserves the right to substitute a prize of equal or greater value if prize cannot be awarded as described. Sponsor will determine all elements of prize in its sole discretion. Prize may not be assigned, transferred, changed or redeemed for cash, except at the sole discretion of Sponsor. Prize is awarded "as is" with no warranty or guarantee express or implied. Sponsor disclaims all and any liability for the actual provision, quality or nature of any third party product or service accepted by the winner. The awarding of any prize is contingent upon full compliance with these Official Rules. Entrants agree to be bound by Official Rules and agree that if any winner fails to provide proof of identity, refuses to provide required affidavit, is found to have violated the Official Rules or otherwise does not meet eligibility criteria, prize will be forfeited and awarded to an alternate winner in a random drawing. Entrants understand that Sponsor is not liable for injuries, losses or damages of any kind arising from participation in this promotion and acceptance, possession and use of prize. Sponsor is not responsible for any typographical or other error in the printing of the offer, administration of the contest or in the announcement of the prize. Decisions of Sponsor are final and binding in all respects.
PRIVACY: By entering and providing the required entry information, you acknowledge that Sponsor may also send you information, samples or special offers it believes may be of interest to you about its services or other complementary goods offered by Sponsor. Information collected from online entrants is subject to Sponsor’s privacy policy at www.SmileBooks.com. IF YOU DO NOT WISH TO SHARE YOUR INFORMATION, PLEASE DO NOT ENTER THIS PROMOTION.
DISPUTE RESOLUTION: Except where prohibited, by participating Contest entrants agree that: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of participant(s) and Sponsor and its agents shall be governed by and construed exclusively in accordance with the laws of the State of New York without giving effect to any principles of conflicts of law of any jurisdiction. Entrant agrees that any action at law or in equity arising out of or relating to this Contest, or awarding of the prizes, shall be filed only in the state or federal courts located in the State of New York and entrant hereby consents and submits to the personal jurisdiction of such courts for the purposes of litigating any such action. Except where prohibited, by participating in this Contest, entrant agrees that: (a) any and all disputes, claims, and causes of action arising out of or connected with this Contest, or awarding of the prizes, shall be resolved individually, without resort to any form of class action; and (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in this Contest but in no event attorneys' fees; and (c) under no circumstances will any participant be permitted to obtain awards for and hereby waives all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. Some jurisdictions do not allow the limitations or exclusion of liability for incidental or consequential damages, so the above may not apply to you.
OTHER: Sponsor assumes no responsibility for entries it is unable to process due to network, hardware or other technical failures; or any other reason, or incomplete, damaged, misdirected, illegible or lost e-mail or mail entries. Sponsor reserves the right, in its sole discretion to disqualify any person tampering with the entry process, the operation of the web site or otherwise in violation of the rules. Sponsor further reserves the right, in its sole discretion, to cancel, terminate or modify this promotion if not capable of completion as planned, including infection by computer virus, technical corruption, non-authorized human intervention or force majeure. In the event of cancellation, Sponsor reserves the right to select winner from among all eligible entries received prior to date of cancellation. The use of automated entry systems or any other conduct that impedes the integrity of the contest is prohibited. In the event of a dispute regarding online entry, entry will be deemed made by the holder of an established e-mail account associated with the entry.
GENERAL: Entrants authorize the Sponsor to use their name, voice, likeness, biographical data, city and state of residence and entry materials in programming or promotional material and for advertising, public relations and editorial purposes worldwide, in perpetuity, or on a winner’s list, if applicable, without further compensation unless prohibited by law. Sponsor is not obligated to use any of the above-mentioned information or materials, but may do so and may edit such information or materials, at Sponsor’s sole discretion, without further obligation or compensation.
By submitting entry materials, entrants certify that such materials are original and created by entrant, that entrants have the necessary rights, permission and authority to submit such materials, and, if applicable, that entrants maintain a valid copyright in the materials. Entrants acknowledge that such materials may be included and/or discussed in a broadcast or otherwise, that such discussion may include statements or opinions by the broadcast talent or others about the entrants, the entrants' appearances and/or the materials, and that those statements and opinions may be considered surprising, humiliating, embarrassing, derogatory, defamatory or otherwise offensive or injurious to them, Sponsor's employees, its studio or at-home audience and/or other third parties. Entrants release Sponsor and its parent, subsidiary, affiliated and successor companies and prize suppliers, and each of their respective officers, directors, agents, representatives and employees, as well as each of their respective successors, representatives and assigns from any actions, claims, injury, loss or damage allegedly caused, directly or indirectly, by any such statements or opinions made during a broadcast.
Except where prohibited by law, potential winner may be required to complete and return an Affidavit of Eligibility/Ownership/Liability Release, Publicity Release and Copyright Assignment within ten (10) days of notification or an alternate winner may be selected. If winner notification is returned as undeliverable may select an alternate winner. By participating and winning a prize, winner releases Sponsor, and its parents, affiliates, subsidiaries and agencies and their respective directors, officers, employees and agents from any and all liability with respect to the prize won and participation in the contest Subject to all U. S. federal, state and local laws and regulations. Taxes on prize are the sole responsibility of the winner. Winner will be issued a 1099 tax form for the amount stated herein. Void where prohibited. Taxes on prize are sole responsibility of winner.