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WEREYOUTHERE FAMILY STORIES CONTEST OFFICIAL RULES 1. General Conditions: The WereYouThere Family Stories Contest (the "Contest") is sponsored by Hull Media, Inc., a California corporation (the "Sponsor"). Those who enter the Contest (each, an "Entrant") agree to abide by the terms of these Official Rules and by the decisions of the Sponsor 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 California, and applicable U.S. federal law, without regard to any conflicts of laws principles. The Contest is void where prohibited by law. The Contest is also governed by the Sponsor'sTerms of Service,Privacy Policy and other policies (collectively, the "Policies") pertaining to the www.wereyouthere.com Web site (the "Sponsor Site"), although these Official Rules will govern any conflict between any of the Policies and these Official Rules. 2. Who Can Enter: Any natural person who, at the time of entry, is a registered member of the Sponsor Site, is age 18 or older, is a legal resident of the 50 United States and the District of Columbia (but excluding Puerto Rico). The following persons are NOT eligible to participate in the Contest or win: (a) any officers, directors, or employees of the Sponsor, its parents, subsidiaries, affiliates, or investors, any of their respective agents (including without limitation advertising or promotion agencies), or any prize manufacturer or supplier; (b) any other person involved with the design, production, execution, or distribution of the Sponsor Site or the Contest; and (c) any immediate family member (or person living in the household) of any of the foregoing. For purposes of these rules, a person's "immediate family member" includes his or her spouse; his or her parents, children, and siblings, and each of their spouses; and his or her spouse's parents, children, and siblings, and each of their spouses. 3. How to Enter: The Contest begins at 12:00 a.m. Pacific Time (PT) on April 8, 2010 and ends at 11:59 p.m. PT on May 20, 2010 (the "Contest Period"). No fee or purchase of any kind is required to enter or win. Each Entrant must be a registered member of the Sponsor Site prior to entering the Contest. An Entrant may become a registered member of the Sponsor Site by completing the registration form at http://www.wereyouthere.com/contests/family-stories. Entrants may enter the Contest only by submitting via the Sponsor Site a family story using one or more of the following: text, photographs, video, and audio. Each submission that includes a valid e-mail address, meets Sponsor's usual criteria for posting/publication (and the other terms of the Policies) and the criteria described in the "Entries" section below, and is uploaded on the Sponsor Site during the Contest Period will be a valid Contest entry (an "Entry"). Each Entrant may submit an unlimited number of separate Entries so long as each Entry includes only one unique family story. Only those Entries that appear on the Sponsor Site by 11:59 p.m. PT on the last day of the Contest Period will be eligible for a prize. Entries received or published after 11:59 p.m. PT on the last day of the Contest Period will be disqualified. Once an Entry is submitted in the Contest, it cannot be edited or modified, but it may be deleted by the Entrant in the manner described on the Sponsor Site. 4. Entries: The content submitted in the Entry should tell a memorable family story of interest to a larger audience. Entry submissions must be uploaded to the Sponsor Site submission page in accordance with the posting process set forth on the Sponsor Site. Each Entry must tell a family story using at least one of the following formats: text, photos, video, or audio. A maximum of five individual media file uploads (photos, video, or audio) are allowed with each Entry, subject to the following posting limitations: (a) for audio formats: .mp3, .wav, .wma or .aiff at a maximum file size of 20 minutes/30 MB; (b) for photo formats: .jpg, .jpeg, .gif or .png at a maximum file size of 3MB; and (c) for video formats: .avi, .dv, .mov, .qt, .mpeg, .3gp, .asf, .wmv or .flv at a maximum file size of 5 minutes/60 MB. Entries must be in English. Each Entry must include a valid e-mail address. All text, photos, video, and audio included in an Entry must not have been published elsewhere for commercial purposes at any time or in any way commercially exploited (including without limitation through the sale, license or distribution of all or any portion of the Entry). The Entrant must be the owner and author of the overall Entry. Entries may not contain any third party content, including without limitation third party trademarks, logos, artwork or images, unless the Entrant has all necessary permissions to submit the content with the Entry and to grant the rights to such content described in these Official Rules. For example, an Entry may contain a letter or other material created by a friend or family member of the Entrant only if the Entrant has permission from that friend or family member (or his or her heir, executor, or assign) to include that material in the Entry and to grant the rights to such material described in these Official Rules. Entries containing the voice, image, likeness, signature, or personal information of any family member, friends, or other identifiable individual may not be entered in the Contest unless the Entrant has obtained the express consent of that individual. All Entries become the property of the Sponsor and will not be acknowledged or returned. Entries cannot contain any nudity, obscenity, defamatory statements, or other offensive or objectionable content. Entries may not be submitted on behalf of anyone other than the specified Entrant. Sponsor reserves the right to reject any Entries that do not conform to the above requirements, any Entries that have been tampered with, or any Entries that are misdirected, incomplete, corrupt, lost, late, or ineligible, whether due to Internet or e-mail server failure or otherwise. 5. Judging: The winners will be chosen as follows: From on or around May 21, 2010 to May 25, 2010 (the "Evaluation Period"), employees or other personnel of the Sponsor (the "Judges") initially will review each Entry for compliance with these Official Rules. Each Entry will be evaluated, compared to other submissions, and scored by the Judges. The Judges will evaluate each Entry based on the following criteria: (i) 60% - overall effectiveness of the content submitted in telling a memorable family story of interest to others, (ii) 20% - use of details in the content submitted to evoke a time and place, (iii) 20% - originality of the content submitted. On or about June 15, 2010 (the "Decision Date"), the Judges will select three (3) first prize winners and one (1) grand prize winner (each, a "Winner"). Sponsor cannot estimate how many Entrants may enter the Contest. Any tie will be broken by the Judges, with the Entry submitted closest to the first day of the Contest Period having the advantage. 6. Prizes: The total approximate retail value of all prizes to be given away in the Contest is $500. Each Winner will receive one of the following, according to the place in which that Winner finishes:
All values are stated in United States dollars. The prize(s) are non-exchangeable, non-transferable, and non-redeemable for cash, and no substitutions are allowed. The Sponsor reserves the right to substitute any prize with an item of equal or greater approximate retail value. Each winner is solely responsible for complying with any and all applicable federal, state, provincial, local, or other statutes, regulations, rules, or other laws of any jurisdiction and for bearing any personal income taxes, VAT, withholding taxes, or other taxes, fees, insurance, surcharges, or other costs relating to any prize. 7. Winner Notification: Each Winner will be notified via e-mail (at the email address such Winner provided when he or she registered to become a member of the Sponsor Site) approximately five (5) business days after the Winners have been selected. Each Winner will be required to respond to the e-mail to acknowledge his or her desire to receive the prize, and also may be required to sign and return a release of liability, declaration of eligibility, and where lawful, a publicity release, upon Sponsor's request. Each Winner also may be requested to provide the Sponsor with proof that he or she is the Authorized Account Holder of the e-mail address associated with the winning Entry. "Authorized 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 responsible for assigning e-mail addresses for the domain associated with the e-mail address. In the event of a dispute, an Entry will be deemed to have been submitted by the Authorized Account Holder of the e-mail address submitted at the time of entry. Each Winner also will need to provide full mailing address information to the Sponsor for the purpose of receiving his or her prize and may be asked to verify his or her Social Security number or tax identification number. Each Winner must take possession of the applicable prize in the manner directed by Sponsor. Failure by any Winner to comply with any of the foregoing may result in disqualification and the selection of an alternate Winner by Sponsor. 8. Representations: By entering the Contest, each Entrant represents and warrants to the Sponsor that: (a) the Entrant meets all eligibility requirements of the Contest; (b) the Entrant is the Authorized Account Holder of the e-mail address supplied in connection with in the Entry; (c) in preparing the Entry and participating in the Contest, the Entrant has complied in all respects with these Official Rules, the Policies, and all applicable statutes, orders, regulations, and other laws; (d) the Entry consists entirely of the Entrant's own original work in which the Entrant holds all necessary rights (including without limitation holding the necessary rights to submit photographs portraying third parties); and (e) neither the Entry nor the duplication, distribution, display, performance, use or other exploitation of the Entry (including without limitation any text, video, audio, or photographs contained therein) will infringe or misappropriate any intellectual property or other proprietary rights of any individual or entity, including but not limited to any copyrights, trademark rights, or patents. 9. Release: By entering the Contest, each Entrant releases and holds harmless the Sponsor, 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: (a) any violation by Entrant of these Official Rules; (b) the Contest or any Entry; (c) the acceptance, possession, receipt, or use of any prize; (d) 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; (e) 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; (f) any failure of e-mail on account of Internet traffic congestion or otherwise (proof of transmission does not constitute proof of delivery); and (g) any Entry, e-mail, or other material or correspondence that has been tampered with or that is stolen, misdirected, incomplete, lost, late, non-conforming, ineligible, or damaged. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, NEITHER SPONSOR NOR ANY OF THE OTHER AFOREMENTIONED PERSONS OR ENTITIES, SHALL BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE CONTEST, HOWSOEVER CAUSED, WHETHER ARISING IN TORT, CONTRACTOR, STRICT LIABILITY, OR OTHER LEGAL THEORY, AND REGARDLESS OF WHETHER SUCH PARTY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ALL SUCH DAMAGES ARE HEREBY DISCLAIMED AND EXCLUDED. ALL PRIZES ARE GIVEN AWAY BY THE SPONSOR "AS IS." THE SPONSOR 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 NON-INFRINGEMENT) WITH REGARDS TO ANY PRIZE(S) OR PORTION(S) THEREOF. 10. Misconduct: The Sponsor reserves the right, at its sole discretion, to disqualify any Entrant who (a) tampers with the entry process, the operation of the Contest, the Sponsor Site, or affiliated web sites; (b) acts in an unsporting or disruptive manner, or with intent to annoy or harass another person; or (c) is otherwise in violation of these Official Rules or the Policies. Any attempt by an Entrant to commit any of the acts of misconduct set forth in this section may be a violation of civil and criminal law and the Sponsor reserves the right to seek damages from such Entrant to the fullest extent permitted by law. 11. Termination: The Sponsor reserves the right, at its sole discretion, to suspend, modify, or terminate the Contest at any time. If, at any time, the Sponsor is unable to operate the Contest as planned (e.g., without limitation, due to financial or administrative difficulties, 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), the Sponsor may, in its sole discretion, to suspend, modify, or terminate the Contest. Should the Contest ever be terminated, notice will be given on the Sponsor Site and the Sponsor will make alternate arrangements to award the prizes offered. 12. Use of Entries and Information: By entering the Contest, each Entrant acknowledges that his or her Entry constitutes a "User Submission" as defined and described in the Sponsor's Terms of Service and that the Terms of Service grant to the Sponsor certain rights to use each User Submission as more fully described in the Terms of Service. By entering the Contest, each Entrant also grants to the Sponsor the right to use and publish the Entrant's name, Entry (including without limitation text, photos, video, and audio), and state of residence, along with any other information in Entrant's Entry, both electronically (for example, on the Internet via the Sponsor Site, Sponsor's blog and newsletter, WereYouThere-Radio, Facebook, Twitter, YouTube, etc.) and in print, in connection with the Contest at any time, except to the extent prohibited by law. By accepting a prize, each Winner further acknowledges and agrees to the use by the Sponsor, without additional compensation, of his or her name, voice, image, likeness, biographical information, and Entry for purposes of advertising, trade, and promotion, except to the extent prohibited by law. In addition, the Sponsor reserves the right to use any and all information related to the Contest, including information on Entrants received through the Contest, in any manner permitted by the Policies. 13. Miscellaneous: Any dispute between the Sponsor and an Entrant arising out of or relating to these Official Rules, the Contest, or any prize must be brought exclusively in the state or federal courts located in San Francisco, California, and the Sponsor and each Entrant irrevocably waive any objection to the venue and jurisdiction of such courts. If any part of these Official Rules is held by a court of competent jurisdiction to be invalid, illegal, or otherwise unenforceable, such part will be modified by such court to the minimum extent necessary to make it enforceable while preserving to the maximum extent possible the original intent of the Sponsor, and the remaining parts of these Official Rules will remain in full force and effect. 14. No Endorsement: Nothing contained in these Official Rules or in any of the Contest materials should be construed as an endorsement by Sponsor of the prize manufacturer or of any third party, product, or service. 15. Winner's List: The names of the Winners will be posted on a dedicated page of the Sponsor Site. The names of the Winners also may be obtained by mailing a written request (which request must be received within six (6) months of the end of the Contest Period), along with a self-addressed stamped envelope (Vermont residents may omit the return postage), to: Winner's List - WereYouThere Family Stories Contest
Hull Media, Inc. 250 Camino Alto, Suite 140 Mill Valley, CA 94941 (415) 383-1944 Please call the above number or write to contest@wereyouthere.com to ask any questions about the Contest or to find out how to be removed from Sponsor's mailing list. 16. Intellectual Property: These Official Rules, the Sponsor Site, and all other Contest-related materials and code are copyright of the Sponsor. Copying or unauthorized use of any copyrighted materials, trademarks, or any other intellectual property without the express written consent of the owner is strictly prohibited. |

