Scrubs 123 Pin-to-Win Pinterest Contest
NO PURCHASE NECESSARY TO ENTER OR WIN. THIS CONTEST IS VOID WHERE PROHIBITED BY APPLICABLE LAW. INTERNET ACCESS IS REQUIRED. THIS CONTEST IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH PINTEREST, INC. (“PINTEREST”) OR FACEBOOK, INC. (“FACEBOOK”). A VALID PINTEREST ACCOUNT AND INTERNET ACCESS ARE REQUIRED FOR ENTRY.
The “Scrubs 123 Pin to Win Contest” (“Contest”) asks Pinterest users to curate a pinboard of their own Fashion Pins (“PinBoard”). Contest participants are asked to title their PinBoards “AVE-spiration” and repin the “Scrubs 123 Pin to Win” Contest pin that links back to Scrubs 123 (www.Scrubs123.com/blog/). Entrants must the Pin 2 AVE. scrubs and use #avescrubs in your pin picture (or repin from the AVE. board). As well as Pin 2+ pictures of your fashion style or where you get inspiration for your fashion choices. When an entrant’s PinBoard is complete, he or she must email a link to the PinBoard to: email@example.com. The entrant’s qualifying Pinboard, registration, including his or her full name, email address and postal address, shall be deemed a “Entry.”
Judges representing Scrubs 123 will select three (3) winners (each a “Winner”) to identify the top three (3) Entries that best showcase their fashion sense and have pinned their favorite AVE. scrubs. The Contest begins on November 13, 2013 and ends November 20, 2013, with the Winners being announced on the Scrubs 123 Blog at [www.scrubs123.com/blog on November 22, 2013. The first, second, and third place Winners will each win one (1) Medline AVE. Scrub Set that includes one (1) set of shirt and pants. By submitting an Entry and participating in the Contest, entrant agrees to abide by these official rules (“Official Rules”). An “Entrant” is a Contest participant who provides a Entry.
The Contest will begin on November 13, 2013 at 12:00 PM Central Time (“CT”) and will end at 12:00 PM CT on November 20, 2013 (“Contest Term”).
This Contest is open only to individuals who are 18 years and older as of November 13, 2013, 2013, who are legal residents of the United States, including D.C., and who are registered users of Pinterest in good standing on the date of entry in this Contest. Contest is void elsewhere and where prohibited by applicable law. Employees, officers, directors, members, managers, agents, and representatives and family members of such individuals (or people living in the same household whether related or not) of Scrubs 123 (“Sponsor”), and its corporate partners, parent companies, divisions, subsidiaries, affiliates, successors in interest, advertising, promotion and public relations agencies (collectively, the “Contest Entities”) are not eligible. For purposes of this Contest, family members are defined as spouse, partner, mother, father, legal guardian, in-laws grandmother, grandfather, brother, sister, children and grandchildren. Participation in this Contest constitutes Entrant’s full and unconditional agreement to and acceptance of these Official Rules and the decisions of Sponsor. Winners may be required to sign an affidavit of eligibility and liability/publicity release as a condition of the delivery of a prize. By participating, Entrants agree to abide by these Official Rules as well as receive messages from Sponsor relating to the Contest. An Entrant’s violation of any of these Official Rules or any infringement or violation of the rights of any third party as determined by the Sponsor’s sole and unfettered discretion, may result in disqualification from the Contest or forfeiture of a prize. The decisions of the judges are final and binding in all matters relating to this Contest.
How to Enter
Entrants must comply with these Official Rules and complete the following steps during the Contest Term for a valid Entry:
Entrant warrants and represents that he/she has fully complied with these Official Rules and that his/her photo and images on his/her Contest Pinterest board: (1) do not violate any law or regulation; (2) do not violate or infringe any right of any third party, including but not limited to intellectual property rights, such as but not limited to rights of copyright, trademark or patent, or rights of publicity or privacy; (3) are not defamatory, slanderous, libelous, scandalous or obscene; (6) do not contain any virus, bugs, or other deleterious material; (7) do not contain any discernible trademark, trade name or logo of any third party (but may contain a trademark, trade name or logo of the Sponsor); and (9) do not contain any brand that is competitive to Sponsor. Entries may not (and Sponsor reserves the right to disqualify any photos that do): (1) include what Sponsor, in its sole discretion, considers to be obscenity, pornography, racially offensive, sexually explicit, and/or offensive language/content, hate speech or drug usage; (2) disparage Sponsor or any other party, including brands or trademarks other than those of Sponsor (this includes but is not limited to the brands/trademarks of Sponsor’s competitors); (3) depict acts of violence or aggression; or (4) advocate illegal conduct of any kind. If a PinBoard and/or contents thereof are unable to be viewed by Sponsor for any reason whatsoever, that PinBoard (as well as the Entry of which it is a part) shall be disqualified, and Released Parties, as defined below, will not be responsible or liable for any such inability.
The entry process must be completed and Entries must be received by Sponsor during the Contest Term in strict accordance with the instructions and restrictions in these Official Rules. Sponsor’s database clock will be the official timekeeper for this Contest. Limit one (1) Entry per person. Potential Winners will be contacted on or about November 22, 2013 via the email address they provided during registration. Verified Winners will be announced on the Scrubs 123 Facebook page on June 3, 2013. Each Winner may be asked to provide more details about his or her Entry for editorial content to be potentially used on the Scrubs 123 blog and Scrubs 123 Facebook page. A potential Winner must respond to and cooperate with any request by Sponsor to provide more details and to provide any requested documentation within three (3) business days after the date of notification of winning such prize, or the potential Winner will forfeit the prize and an alternate Winner will be selected from the pool of eligible Entries based upon the judging criteria previously described. Other proof of submitting or attempting to submit an Entry (such as, without limitation, a printed, saved or copied automated receipt confirming entry or a “thanks for entering” screen or message) does not constitute proof of actual receipt of the Entry for purposes of this Contest. Those who do not abide by these Official Rules, the instructions of Sponsor, and provide all required information will be disqualified in Sponsor’s sole discretion. Entries will not be acknowledged or returned. Entries that are forged, altered, incomplete, lost, late, misdirected, mutilated, illegitimate, garbled, or generated by a macro, bot, or other automated means will not be accepted and will be void. As a condition of entering the Contest, without limiting any other provision in these Official Rules, each Entrant gives consent to Sponsor and its agents to obtain and deliver Winner’s name, email address, postal address, and other information and content to third parties for the purpose of administering this Contest and complying with applicable laws, regulations, and rules.
The first, second, and third place Winners will each receive a prize consisting of one (1) Medline Scrub Set that includes one (1) set of shirt and pants (“Prize”). The actual retail value (ARV) of each Prize is $21.99 USD. The total ARV of all Prizes is $46.98 USD. All Prizes offered are being provided “as is” with no warranty or guarantee by Contest Entities, either express or implied. Any and all warranties and/or guarantees on a Prize (if any) are subject to the respective manufacturer’s terms therefore, and winner agrees to look solely to such manufacturer(s) for any such warranty and/or guarantee. No transfer, substitution, upgrade, credit, refund or cash equivalent for a Prize is allowed except at Sponsor’s sole discretion. Sponsor reserves the right, in Sponsor’s sole and absolute discretion, to substitute a Prize or component thereof of equal or greater value if a Prize cannot be awarded as described for any reason. Please allow 2 to 3 weeks for delivery of Prize. If a Prize or Prize notification is returned as undeliverable, this may result in disqualification and an alternate Winner may be selected. All federal, state or other tax liabilities (including income taxes) arising from this Contest will be the sole responsibility of each Winner.
Affidavit of Eligibility and Liability/Publicity Release
Winners may be required to complete, sign, and return, without alteration and in the form presented by Sponsor, an affidavit of eligibility and liability/publicity release (unless prohibited by law) within the time frame specified by Sponsor or Prize may be forfeited. The signed affidavit of eligibility and liability/publicity release must be returned to Sponsor within 15 days of the Winner notification and is subject to verification by Sponsor. By entering the Contest (except where prohibited by law), each Entrant grants the Contest Entities the irrevocable, sublicensable, absolute right and permission to use, publish, post or display his or her name, photograph, likeness, voice, prize information, biographical information, any quotes attributable to him or her and any other indicia of persona (regardless of whether altered, changed, modified, edited, used alone, or used with other material) for advertising, trade, promotional and publicity purposes without further obligation or compensation of any kind to him or her, anywhere, in any medium now known or hereafter discovered or devised (including, without limitation, on the Internet), world-wide, without any limitation of time and without notice, review or approval and each entrant releases all Released Parties from any and all liability related thereto. Nothing contained in these Official Rules obligates Sponsor to make use of any of the rights granted herein and Winner waives any right to inspect or approve any such use.
Limitation Of Liability
EACH ENTRANT agreeS TO RELEASE, HOLD HARMLESS AND INDEMNIFY THE CONTEST ENTITIES, PINTEREST, AND FACEBOOK, and the respective officers, directors, MEMBERS, MANAGERS, employees, representatives and agenTs of each (collectively “RELEASED PARTIES”) FOR ANY liability whatsoever for injuries or damages of any kind sustained in connection with the acceptance, possession, USE, MISUSE or awarding of A prize, while preparing for, participating in and/or traveling to or from any prize- OR CONTEST-related activity including, without limitation, any injury, damage, death, loss, OR accident to person or property. EACH WINNER AGREES THAT THe PRIZE IS PROVIDED AS-IS WITHOUT ANY warranty, representation, or guarantee, express or implied, in fact or in law, WHETHER NOW KNOWN OR HEREINAFTER ENACTED, relative to the use or enjoyment of the prize, including, without limitation, ITS quality, merchantability, or fitness for a particular purpose.
EACH ENTRANT UNDERSTANDS AND AGREES THAT ALL RIGHTS UNDER SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY OF THE UNITED STATES ARE HEREBY EXPRESSLY WAIVED BY HIM/HER. SECTION 1542 READS AS FOLLOWS:
“CERTAIN CLAIMS NOT AFFECTED BY A GENERAL RELEASE. A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
Released Parties are not responsible and/or liable for any of the following, whether caused by a Released Party, the entrant or by human error: Entries that are submitted by illegitimate means (such as, without limitation, by an automated computer program) or Entries in excess of the stated limit; any lost, late, incomplete, illegible, mutilated, or misdirected entries, e-mail, mail, or Contest-related correspondence; any error, omission, interruption, defect, or delay in transmission or communication; viruses or technical or mechanical malfunctions; interrupted or unavailable cable or satellite systems; errors, typos or misprints in these Official Rules, in any Contest-related advertisements or other materials; failures of electronic equipment, computer hardware or software; lost or unavailable network connections, or failed, incorrect, incomplete, inaccurate, garbled or delayed electronic communications or entry information. Released Parties are not responsible for electronic communications that are undeliverable as a result of any form of active or passive filtering of any kind, or insufficient space in entrant’s e-mail account to receive e-mail messages. Released Parties are not responsible for any changes or unavailability of the Pinterest platform that may interfere with the Contest (including any limitations, any restrictions, or any conditions on Sponsor's ability to use the Pinterest platform for the Contest as set forth herein that are not acceptable to Sponsor) or ability of Entrant to timely enter, receive notices or communicate with Sponsor, in which case Sponsor, in its sole discretion, may terminate or modify the Contest. Released Parties are not responsible, and may disqualify an Entrant, if his or her e-mail address, telephone, or other contact information does not work or is changed without Entrant giving prior written notice to Sponsor. Without limiting any other provision in these Official Rules, Released Parties are not responsible or liable to any Entrant or Winner or any person claiming through such Entrant or Winner for failure to supply a Prize or any part thereof in the event that any of the Contest activities or the Released Parties’ operations or activities are affected, as determined by the Sponsor in its sole discretion, including, without limitation, by reason of any acts of God, any action, regulation, order or request by any governmental or quasi-governmental entity (whether or not the action, regulations, order or request proves to be invalid), equipment failure, threatened terrorist acts, terrorist acts, air raid, blackout, act of public enemy, earthquake, war (declared or undeclared), fire, flood, epidemic, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal) labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any law, rule, regulation, order or other action adopted or taken by any governmental, federal, state or local government authority, or any other cause, whether or not specifically mentioned above. To the maximum extent permitted by law, except to the extent that any death or personal injury is directly caused by the negligence of the Contest Entities, each Entrant agrees to indemnify and keep indemnified the Contest Entities at all times from and against any liability, actions, claims, demands, losses, damages, costs and expenses for or in respect of which Contest Entities may become liable by reason of or related or incidental to any act, default or omission by an Entrant caused or claimed to be caused by Entrant’s participation in the Contest and/or use or acceptance of any Prize, including without limitation resulting from or in relation to any breach, non-observance, act or omission whether negligent or otherwise, pursuant to these Official Rules by an Entrant.
Sponsor’s decisions will be final in all matters relating to this Contest, including interpretation of these Official Rules and awarding of the Prizes. Participants agree to not damage or cause interruption of the Contest and/or prevent others from using the Contest. Sponsor reserves the right to restrict or void online entries or participation from any IP address if any suspicious entry and/or participation is detected. Sponsor reserves the right, in its sole discretion, to void entries of any Entrants who Sponsor believes have attempted to tamper with or impair the administration, security, fairness or proper play of this Contest. Sponsor’s failure to or decision not to enforce any provision in these Official Rules will not constitute a waiver of that or any other provision. In the event there is an alleged or actual ambiguity, discrepancy or inconsistency between disclosures or other statements contained in any Contest-related materials and/or these Official Rules (including any alleged discrepancy or inconsistency in these Official Rules), it will be resolved in Sponsor’s sole discretion. Entrants waive any right to claim ambiguity in the Contest or these Official Rules. If Sponsor determines at any time in its sole discretion that a Winner or potential Winner is disqualified, ineligible, in violation of these Official Rules, or engaging in behavior that Sponsor deems obnoxious, inappropriate, threatening, illegal or that is intended to annoy, abuse, threaten or harass any other person, Sponsor reserves the right to disqualify that Winner or potential Winner, even if the disqualified Winner or potential Winner may have been notified or displayed or announced anywhere. If the Contest is not capable of running as planned for any reason, Sponsor reserves the right, in its sole discretion, to cancel, modify or suspend the Contest and award the Prizes from eligible entries received prior to cancellation, modification, or suspension or as otherwise deemed fair and appropriate by Sponsor. In the event of a dispute concerning who submitted an Entry, the Entry will be declared to have been made by the registered account holder of the e-mail address submitted at time of entry, but only if that person meets all other eligibility criteria (otherwise the Entry may be disqualified and any potential Prize won will be forfeited in Sponsor’s sole discretion). A registered account holder is defined as the natural person who is assigned to an e-mail address by an Internet access provider, online 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. A potential Winner may be required to provide Sponsor with proof that he/she is the registered account holder of the e-mail address associated with the potentially winning Entry. Any damage made to the Pinterest platform will be the responsibility of the registered account holder of the e-mail address associated with the Pinterest account submitted at the time of entry. CAUTION: ANY ATTEMPT TO DAMAGE ANY ONLINE SERVICE OR WEB SITE OR UNDERMINE THE LEGITIMATE OPERATIONS OF THE CONTEST VIOLATES CRIMINAL AND CIVIL LAWS. IF SUCH AN ATTEMPT IS MADE, SPONSOR MAY DISQUALIFY ANY PARTICIPANT MAKING SUCH ATTEMPT AND MAY SEEK DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW.
Except where prohibited, as a condition of participating in this Contest, each Entrant agrees that any and all disputes that cannot be resolved between the Entrant and any Contest Entity, claims and causes of action arising out of or connected with this Contest, or A Prize awarded, or the determination of the Winner must be resolved individually, without resort to any form of class action. Further, in any such dispute, under no circumstances will an Entrant be permitted or entitled to obtain awards for, and hereby waives all rights to claim punitive, incidental or consequential damages, or any other damages, including attorneys’ fees, other than Entrant’s actual out-pocket expenses (if any), not to exceed ten U.S. dollars ($10 USD), and entrant further waives all rights to have damages multiplied or increased. This Contest and any dispute arising under or related thereto (whether for breach of contract, tortious conduct or otherwise) will be governed by the laws of the State of Illinois, without reference to its conflicts of law principles. Any legal actions, suits or proceedings related to this Contest (whether for breach of contract, tortious conduct or otherwise) will be brought exclusively in the state or federal courts located in Chicago, Illinois, and each Entrant accepts and submits to the personal jurisdiction of these Illinois courts with respect to any legal actions, suits or proceedings arising out of or related to this Contest.
If any provision(s) of these official rules are held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect.
The Sponsor of this Contest is Scrubs 123, One Medline Place, Mundelein, IL 60060 - 855-761-6127 – firstname.lastname@example.org
For list of the winners, within three (3) months of the end of the Contest, email email@example.com with the subject line “Winner List Request: Scrubs 123 Pin-to-Win Pinterest Contest”. For a copy of these Official Rules during the Contest Period, go to www.scrubs123.com/blog.