Zanybandz Facebook Fan Photo Contest Official Rules
*NO PURCHASE NECESSARY
*PURCHASE WILL NOT ENHANCE ODDS OF WINNING
THE SHORT VERSION
1) Upload your photo to the Zanybandz Facebook Fan Page.
2) Tag Yourself in the photo
3) The photo with the most comments each week wins a custom Zanybandz backpack filled with Zanybandz, school supplies and a $50 Visa gift card. Winners will be announced on Monday’s (August 16th, 23rd, 30th and September 6th)
4) One Grand Prize Photo Contest Winner will be chosen by Zanybandz from ALL the photos submitted at the end of the Contest and will win a custom Zanybandz backpack filled with Zanybandz, school supplies and a $200 Visa gift card for their Back to School Shopping Spree!
5) Contest starts August 9th, 2010 and ends September 3rd, 2010.
THE LONG VERSION
ELIGIBILITY:
Participation constitutes full and unconditional agreement to, and acceptance of, these Official Rules. The Zanybandz Fan Photo Contest (“Contest”) is open to legal residents of the United States and the District of Columbia, residing in the United States and the District of Columbia, who are (a) 13 years of age or older and (b) has permission from their parent or legal guardian (or a grandparent with consent from the parent or legal guardian) to post their picture on the Internet to enter the contest. Employees, officers, and directors of Zanybandz, its parent companies, affiliates, subsidiaries, advertising, promotion and fulfillment agencies, their immediate family members and persons living in their same household, are not eligible to win prizes in the Contest. This Contest is offered in the U.S. only and shall only be construed and evaluated according to U.S. law.
GENERAL RULES OF CONTEST:
To enter the Contest, you must register either online or by postal mail, and submit a photograph of yourself or your child (see “How To Enter” below). The Contest will last four weeks. The winner each week will be the entrant that submits the photograph that receives the most ‘comments’ or confirmed votes from the Zanybandz facebook fans during the applicable 1-week period. Voters (Fans) can vote for as many photographs as they like, but may vote no more than once each day for any one photograph. By registering for the Contest, entrants agree (i) to accept e-mail marketing messages from Zanybandz and its advertising affiliates and (ii) that such act constitutes permission from you to use your photo or likeness in any Zanybandz promotional materials.
HOW TO ENTER:
- Online: Go online to http://www.facebook.com/therealzanybandz (“Zanybandz Facebook Fan Page”) and upload a picture of you and your Zanybandz (must be Zanybandz brand rubber bands). Entrant must be the owner of the photograph, or otherwise have the right to submit the photograph for consideration in the Contest. Online entries will be accepted on a daily basis beginning on the ninth day of August, 2010. All entries must be received by 11:59:59 p.m. CST on September 3rd, 2010 in order to be eligible to win the Contest Grand Prize.
- Tag yourself in your photo.
- Invite your friends to comment on your photo to give you a better chance to win!
To Enter By Mail
By Postal Mail: To enter by postal mail, send: (a) your full name, full postal address, phone number, email address (if applicable), age and (b) up to 6 valid photographs for submission to Zanybandz Photo Contest, 2200 West Houston, Broken Arrow, OK 74012: Any photographs submitted by postal mail will NOT be returned. In the event that you do not (a) provide full registration information, or (b) do not provide a valid photograph, then your entry will NOT be submitted and you will not be entered into the Contest. All entries must be received by 11:59:59 p.m. EST on September 3rd, 2010 in order to be eligible to win the Contest Grand Prize. Please note that Zanybandz WILL upload your photos to the Zanybandz Facebook Fan Page and submitting your photo to the Contest by mail will give Zanybandz permission to do so.
Each entrant will be entered into the Contest for the week in which he or she submits his or her photo(s), and will also be automatically entered to win the Contest Grand Prize, whenever available, unless otherwise notified.
SELECTION OF FINALISTS AND WINNER:
Each photograph submitted will be reviewed after posting on the Zanybandz Facebook Fan Page by a member of the Zanybandz photo selection committee. Photos may be approved or rejected based on suitability (for example, not wearing Zanybandz brand rubber bands) for the Contest at the discretion of Zanybandz. Only those photos approved for posting will be deemed eligible to win the Contest. All photos approved for posting on the Zanybandz Facebook Fan Page will be eligible for that week’s contest and the Contest Grand Prize
The photograph that receives the most comments in any week will be deemed the winning Contest photograph for that week. The Zanybandz photo selection committee will pick One Grand Prize Winner at the end of the Contest. For purposes of the Contest, a “vote” means a comment posted on the Zanybandz Facebook Fan Page, by a “unique voter.” A “unique voter” is an individual person (a) who is a member of the Zanybandz Fan Page and (b) has posted a comment on a photograph. A unique voter may vote no more than once each day for a unique photograph, so that in the contest period, a unique voter may cast no more than 30 votes for any single photograph. In addition to the Disqualification provisions below, if Zanybandz determines, in its sole discretion, that an abuse of the “unique voter” rule has occurred, Zanybandz may disqualify votes cast by such voters or contestants, including if more than 5 of such voters or commented from same computer “IP address” in the Contest period..
If there is an exact tie in the number of votes cast for two photographs, then the winning prize will be split equally between those two (2) entrants. Winners will be determined within 4-6 weeks of the end of the Contest; however, Zanybandz reserves the right to take more or less time to determine the winner as it deems necessary in its sole discretion.
The winner and any runners up will be notified by phone, email and/or postal mail. The winner will be selected based upon the results of online voting, and will be subject to approval by Zanybandz pending confirmation of the winner’s compliance with these Official Rules. Zanybandz’s decisions are final on all matters relating to this Contest.
LIMITED TIME ONLY:
The Contest period begins on August 9th, 2010 and ends on September 3rd, 2010 with a grand prize winning photograph selected at the end of the Contest.
ODDS OF WINNING:
The odds of winning the Contest are a function of a number of factors including, but not limited to, the number of entries, number of votes cast, number of votes you cause to be cast for your photo, the date of entry and quality of the photograph.
The winner will be required to sign an Affidavit of Eligibility/Liability and Publicity Release within 30 days of attempted notification. Failure to return these documents in the time specified or the return of the notification marked undeliverable will result in disqualification of the entry and an alternate winner will be selected from among the runners up, until a winner is designated.
PRIZE DESCRIPTION:
Each week’s winner will receive a custom Zanybandz backpack filled with Zanybandz and various school supplies. One grand prize winner will receive a custom Zanybandz backpack filled with Zanybandz and various school supplies and a $200 Visa gift card for a back to school shopping spree. Entrants waive any and all rights to photographs and give Zanybandz the right to publish same in any medium without compensating entrants.
TAX CONSEQUENCES:
Federal, state and/or local taxes are the responsibility of the Winner. The determination of liability for any federal, state and/or local taxes that may arise out of the entrant’s participation in the Contest (including the entrant’s receipt of any prizes), and the payment of any such tax liability, shall be the sole responsibility of the entrant. However, should federal, state and/or local law impose any tax reporting or filing obligations on Zanybandz arising out of the entrant’s participation in the Contest (including the entrant’s receipt of any prizes), the entrant agrees to timely provide Zanybandz with any information that is reasonably necessary for Zanybandz to comply with any such reporting or filing obligations. In addition, should federal, state or local law impose any tax withholding obligation on Zanybandz with respect to entrant’s receipt of any prizes, the entrant agrees to such withholding and shall timely provide any information to Zanybandz as may be required for Zanybandz to accomplish such withholding.
SPECIAL TERMS:
Zanybandz reserves the right, in its sole discretion, to reject any photographs. No inappropriate, indecent or obscene photographs may be submitted to Zanybandz for entry into the Contest or submitted for display on the Zanybandz Facebook fan page. Visitors to the Zanybandz Facebook fan page may notify through through the “Contact Us” button on the Zanybandz website of any photographs or captions that appear to violate these Official Rules. Zanybandz will use its best efforts to exclude any such photographs or captions; however, Zanybandz is not a publisher of the photographs; it is merely providing a forum for the display of these photographs for voting purposes and, therefore, Zanybandz expressly disclaims any and all liability associated with the display of any of the photographs on the Zanybandz Website ir the Zanybandz Facebook fan page.
PRIVACY STATEMENT:
For a thorough recital of Zanybandz’s Privacy Policy, please return to the Zanybandz homepage, or click here.
REPRESENTATIONS AND WARRANTIES OF ENTRANT:
Entrant represents and warrants to Zanybandz, its affiliates and its advertising sponsors that: (a) he/she is over 13 years of age and a legal resident of the U.S. or the District of Columbia; (b) he/she is or has consent from their parent or legal guardian (or a grandparent with consent from the parent or legal guardian) to submit their photograph; (d) he/she has all of the rights and authority necessary to submit the photograph for entry in the Contest in compliance with these Official Rules, including the right to publish the photograph, and the right to grant the Promotion Release set forth herein below; (e) the publication of the photograph will not infringe on the rights of any third party and (f) he/she has read the Zanybandz Privacy Policy and agrees to its terms.
WINNERS LIST:
To receive a list of winners, send a self-addressed stamped envelope to: Zanybandz Photo Contest, 2200 West Houston, Broken Arrow, OK 74012.
PROMOTION RELEASE:
By submitting an entry and participating in the Contest, entrant, for him/herself and/or on behalf of their Child, irrevocably transfers, grants and assigns to Zanybandz, its affiliates and its respective successors, assigns, and licensees, the right worldwide and in perpetuity, to use the name, likeness, image and photographs, including any reproductions of same, in any and all media including, without limitation, use on the Zanybandz Website in connection with the Contest or other promotions and for any advertising or promotional purposes, without additional compensation, and releases Zanybandz and any entity acting on behalf of Zanybandz from any liability with respect thereto.
RELEASE OF LIABILITY:
Entrant, for him/herself, and on behalf of the Child agrees that Zanybandz, its affiliates and its employees, officers, directors, shareholders, agents, representatives, its respective successors, assigns, agencies and licensees shall not be liable for any personal injury, death, loss or damage of any kind or any other causes of action or claims related to entrant’s participation in this Contest or acceptance or use of the Prizes awarded including, without limitation, any claims based on publicity rights, defamation or invasion of privacy. If, for any reason, the Contest or any portion thereof is not capable of running as planned by reason of infection by virus, bugs, worms, tampering, unauthorized intervention, fraud, technical failures, or any other causes which, in the sole opinion of Zanybandz, may corrupt or affect the administration, security, fairness, integrity or proper conduct of the Contest, Zanybandz reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Contest or any part of the Contest, and select the winner for the Contest from the entries received prior to the action taken or in other such manner as deemed fair and appropriate by Zanybandz.
GENERAL CONDITIONS:
Zanybandz, its affiliates and its employees, officers, directors, shareholders, agents, representatives, its respective successors, assigns, agencies and licensees are not responsible for lost, late, illegible, stolen, incomplete, invalid, unintelligible or misdirected entries, which will be disqualified, or for other problems of any kind, whether mechanical, human or electronic, whatever the cause. Only photographs actually received by Zanybandz are eligible for Contest entry. Proof of submission will not be deemed to be proof of receipt by Zanybandz. Zanybandz’s sole responsibility for any irregular entry is replacement with another entry in the Contest. If a potential winning entry is made by Internet, that potential winner may be required to provide Zanybandz information associated with the potential winning entry.
GOVERNING LAW:
These rules shall be interpreted and enforced in accordance with the laws of the State of Oklahoma, without regard to conflicts of law principles. Any and all actions, proceedings and disputes between the parties, irrespective of place of execution or performance, shall be instituted and resolved in the Courts of the State of Oklahoma, County of Tulsa. Each party consents to the exclusive jurisdiction of the Courts of the Oklahoma
DISQUALIFICATION:
Zanybandz, its legal representatives, affiliates, subsidiaries, parents, agencies and its officers, directors, employees and agents, are not responsible for lost, interrupted or unavailable network server or other connections, miscommunications, failed telephone or computer transmissions or technical failure, lost online entries, jumbled, scrambled or misdirected transmissions, or other error of any kind, whether human, mechanical or electronic. Persons found tampering with or abusing any aspect of the Contest, as solely determined by Zanybandz, will be disqualified. If disqualified for any of the above reasons, Zanybandz reserves the right to terminate entrant’s eligibility to participate in the Contest.
INDEMNIFICATION:
You agree to release, indemnify and hold Zanybandz, its parents, subsidiaries and affiliates, and each of their respective members, officers, directors, employees, agents, co-branders and/or other partners, harmless from and against any and all claims, expenses (including reasonable attorneys’ fees, costs and settlement costs), damages, suits, costs, demands and/or judgments whatsoever, made by any third party due to or arising out of: (a) your use of the Promotions and/or the Website; (b) your breach of this Agreement; and/or (c) your violation of any rights of another individual and/or entity. The provisions of this paragraph are for the benefit of Zanybandz, its parent, subsidiaries and/or affiliates, and each of their respective officers, directors, employees, agents, shareholders, licensors, suppliers and/or attorneys. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
LEGAL WARNING:
Any attempt by any individual, whether or not an entrant, to damage, destroy, tamper with or vandalize the Zanybandz Website or Facebook Fan Page, or otherwise interfere with the operation of the Contest, is a violation of criminal and civil law and Zanybandz will diligently pursue any and all remedies in this regard against any offending individual or entity to the fullest extent permissible by law and in equity.








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