Liberty Tax "Dance for Babies" Contest
The Liberty Tax "Dance for Babies" Contest (the "Contest") is intended for participation only in the United States and shall be construed according to, and governed exclusively by, United States law. Do not participate in the Contest if you are not a legal resident of the United States physically located in the United States at the time of entry, or do not fall within the eligibility requirements set forth in the Official Rules below.
LIBERTY TAX "DANCE FOR BABIES" CONTEST
OFFICIAL RULES
NO PURCHASE NECESSARY
PROMOTION DESCRIPTION: The Liberty Tax "Dance for Babies" Contest (the "Contest") begins at 12:00:01 a.m. Eastern Time ("ET") on 1/26/2008 and ends at 11:59:59 p.m. ET on 4/6/2008 (the "Contest Period"). The Contest Period consists of eight (8) upload phases on dates designated in the chart below (each individually an "Upload Phase") and eight (8) separate viewing phases on dates designated in the chart below (each individually a "Viewing Phase"). The Contest provides entrants with the opportunity to create either a photograph or video representing the entrants most enthusiastic dance for babies and to submit the photo or video for consideration. Eligible submissions will be posted online for the general public and representatives of the Sponsor to view and judge, as more fully set forth below. By participating in the Contest, each entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of Liberty Tax Service, 1716 Corporate Landing Parkway, Virginia Beach, VA 23454, ("Sponsor"), which shall be final and binding in all respects. If an entrant is a minor, the entrant's parents or legal guardians, by permitting the entrant to participate, unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of Sponsor, which shall be final and binding in all respects.
ELIGIBILITY: The Contest is open only to legal residents of the fifty (50) United States and the District of Columbia who are at least thirteen (13) years old at the time of entry. Sponsor and its respective parents, subsidiaries, affiliates, distributors, retailers, sales representatives, advertising and promotion agencies and each of their respective officers, directors and employees (collectively, the "Promotion Entities"), are ineligible to enter the Contest or win a prize.
HOW TO ENTER:
Online: To enter, visit the web site www.libertydanceforbabies.com (the "Website"), complete the submission form found on the Contest page with the information requested, and follow the online instructions to upload and submit your photograph or video (the "Submission") directly to the Website.
Via Mobile Phone: Text "LIBERTY" to 30364 ("Short Code"). You will receive a text message response, prompting you to send a reply text message with your age. You will then receive instructions via text message for sending your Submission via mobile phone. You may receive several text messages in response, including a message confirming your entry, legal disclaimers and options to receive future promotional text messages from any of the Promotion Entities. The text messaging method of entry is designed to work with most of the major wireless carriers in the United States, but Sponsor makes no guarantee that any particular wireless service provider will participate, and the mobile phone that is used must be capable of sending and receiving text messages. Entrants should check their phone's features to see if they have that capability. Wireless service providers may charge entrants for each text message, including any error message that is sent and received in connection with the Contest, based on the applicable wireless service pricing plan. Entrants should consult their wireless service provider's pricing plan for details. Proof of text messaging the Short Code is not considered proof of delivery to or receipt by Sponsor of each entry.
Limit one Submission per person or valid mobile phone number or valid email address throughout the entire Contest Period.
All entries, regardless of method of entry must be received by the following dates:
| Phase #
| Upload Phase | Viewing Phase |
| 1 | 1/26/2008 at 12:00:01 AM ET -
2/16/2008 at 11:59:59 PM ET | 1/26/2008 at 12:00:01 AM ET -
2/20/2008 at 11:59:59 PM ET |
| 2 | 1/26/2008 at 12:00:01 AM ET -
2/23/2008 at 11:59:59 PM ET | 2/21/2008 at 12:00:01 AM ET -
2/27/2008 at 11:59:59 PM ET |
| 3 | 1/26/2008 at 12:00:01 AM ET -
3/1/2008 at 11:59:59 PM ET | 2/28/2008 at 12:00:01 AM ET -
3/5/2008 at 11:59:59 PM ET |
| 4 | 1/26/2008 at 12:00:01 AM ET -
3/8/2008 at 11:59:59 PM ET | 3/6/2008 at 12:00:01 AM ET -
3/12/2008 at 11:59:59 PM ET |
| 5 | 1/26/2008 at 12:00:01 AM ET -
3/15/2008 at 11:59:59 PM ET | 3/13/3008 at 12:00:01 AM ET -
3/19/2008 at 11:59:59 PM ET |
| 6 | 1/26/2008 at 12:00:01 AM ET -
3/22/2008 at 11:59:59 PM ET | 3/20/2008 at 12:00:01 AM ET -
3/26/2008 at 11:59:59 PM ET |
| 7 | 1/26/2008 at 12:00:01 AM ET -
3/29/2008 at 11:59:59 PM ET | 3/27/2008 at 12:00:01 AM ET -
4/2/2008 at 11:59:59 PM ET |
| 8 | 1/26/2008 at 12:00:01 AM ET -
4/5/2008 at 11:59:59 PM ET | 4/3/2008 at 12:00:01 AM ET -
4/9/2008 at 11:59:59 PM ET |
Each Submission that is entered into the Contest must meet the following submission requirements "Submission Requirements" (any video or photograph that, in Sponsor's sole and absolute discretion, violates the following criteria will be disqualified):
VIDEO:
(a) the video must be less than five (5) minutes in length and may not be larger than 10MB; and
(b) the video must be uploaded in one of the following file formats: .avi, .mpg, .mpeg, .asf, .mov, .3gpp, .3gpp2 and .wmv.
PHOTOGRAPH:
(c) the photograph must be no larger than 1MB; and
ALL SUBMISSIONS:
(d) the Submission must be the submitting entrant's original, previously unpublished work and not contain any third party copyrighted material;
(e) the entrant should be able to provide on request all appropriate clearances, permissions and releases for the Submission, including releases from all persons appearing in the Submission, location releases for all recognizable locations, and releases from all creative consultants or others who assisted in the creation of the Submission (in the event an entrant cannot provide all required releases, Sponsor reserves the right, in Sponsor's sole discretion, to disqualify the applicable Submission, or seek to secure the releases and clearances for Sponsor's benefit, or allow the applicable Submission to remain in Contest).
No substitutions of new versions of Submissions will be accepted under any circumstances once the original Submission is submitted for consideration. Any Submission that is considered by Sponsor in its sole and absolute discretion to be obscene, pornographic, libelous, hate speech or otherwise objectionable, in whole or in part, will be disqualified and will not be eligible for entry. All requested information on the submission form must be completed to enter and to be eligible to win. Except as otherwise stated in these Official Rules, personal information collected in connection with this Contest will be used in accordance with the privacy policy found on the Website and with the consent given by an entrant at the time of entry. Any communication or information transmitted to Sponsor and/or the Website by electronic mail or otherwise is and will be treated as non-confidential and nonproprietary. Submissions become the exclusive property of the Sponsor and will not be returned or acknowledged. Proof of submission is not considered proof of delivery to or receipt of such entry. Furthermore, Sponsor shall have no liability for any Submission that is lost, intercepted or not received by the Sponsor.
CONTEST SUBMISSION AND WINNER SELECTION:
PHASE WINNERS: Once the Submission is uploaded to the Website and approved by Sponsor, it will be made available for viewing on the Website and may be distributed via e-mail, syndication through user blogs, fan sites, peer-to-peer, SocNet sites, search engines, and other online distribution mechanisms for viewing by the general public. The number of individual ratings and average user rating of each Submission will be tracked and used to determined a score. The score for each Submission will equal the number of individual ratings received by the Submission multiplied by the average rating for the Submission. At the end of each Viewing Phase, assuming a sufficient number of eligible entries are received, the top ten (10) videos and the top ten (10) photographs will be determined based on the highest score for each Submission. Representatives of the Sponsor will make the final selection out of the top ten (10) consisting of one video Phase Winner and one photograph Phase Winner for each phase, based on style, originality, skill, and appropriateness to theme. Non-winning Phase Winners will roll over into subsequent Phases and remain eligible for judging.
END OF CONTEST WINNERS: At the conclusion of the Contest Period, the top ten (10) videos and the top ten (10) photograph winners from each phase (including weekly winners) and an additional thirty (30) videos and (30) photographs selected from among all other Submissions by representatives of the Sponsor will be reviewed by a panel of judges to select the Contest video and photograph Grand, First and Second Prize winners. The panel of judges will select the winners based on style, originality, skill, and appropriateness to theme.
REPRESENTATIONS AND WARRANTIES/INDEMNIFICATION: Each person who enters this Contest represents and warrants as follows: (i) the Submission is the entrant's own original, previously unpublished, and previously unproduced work; (ii) the Submission does not contain any computer virus, is otherwise uncorrupted, is wholly original with entrant, and as of the date of submission, is not the subject of any actual or threatened litigation or claim; and (iii) if the Submission consists in whole or in part of elements other than the Vantage Materials ("Additional Elements"), such Additional Elements and Sponsor's use thereof do not and will not violate or infringe upon the intellectual property rights or other rights of any other person or entity; and (iv) the Submission does not and will not violate any applicable laws, and is not and will not be defamatory or libelous. Each entrant hereby agrees to indemnify and hold the Promotion Entities harmless from and against any and all third party claims, actions or proceedings of any kind and from any and all damages, liabilities, costs and expenses relating to or arising out of any breach or alleged breach of any of the warranties, representations or agreements of entrant hereunder.
GRANT OF RIGHTS: Each entrant into the Contest hereby irrevocably grants, transfers, sells, assigns and conveys to the Sponsor, its successors and assigns, all present and future right, title and interest of every kind and nature whatsoever, including, without limitation, all copyrights, and all rights incidental, subsidiary, ancillary or allied thereto (including, without limitation, all derivative rights) in and to the Submission for exploitation throughout the universe, in perpetuity, by means of any and all media and devices whether now known or hereafter devised. Sponsor shall have the right, in its sole discretion, to edit, composite, morph, scan, duplicate, or alter the Submission for any purpose which Sponsor deems necessary or desirable, and each entrant irrevocably waives any and all so-called moral rights they may have therein. Each entrant hereby acknowledges that such entrant does not reserve any rights in or to the Submission.
PUBLICITY RELEASE: By participating in the Contest, in addition to any other grants which may be granted in any other agreement entered into between Sponsor and any entrant in or winner of the Contest, each entrant irrevocably grants the Promotion Entities and their respective successors, assigns and licensees, the right to use such entrant's name, likeness, biographical information and Submission, and any individual(s) participating therein, in any and all media for any purpose, including without limitation, advertising and promotional purposes, and hereby release the Promotion Entities from any liability with respect thereto.
PRIZES AND APPROXIMATE RETAIL VALUES ("ARV"): Two (2) Grand Prizes are available - one each for the photo Grand Prize winner and the video Grand Prize winner. The Grand Prize consists of $5,000 in American Express® Gift Cards. Two (2) First Prizes are available - one each for the photo First Prize winner and the video First Prize winner. The First Prize consists of $2,500 in American Express® Gift Cards. Two (2) Second Prizes are available - one each for the photo Second Prize winner and the video Second Prize winner. The Second Prize consists of $1,000 in American Express® Gift Cards.
PHASE PRIZES: Two (2) Phase 1 and two (2) Phase 5 prizes are available. The Phase 1 and Phase 5 winners will each receive Apple® iPhone™ and a Bose® Wave® Music System. The ARV of each prize is $898.00. Two (2) Phase 2 and two (2) Phase 6 prizes are available. The Phase 2 and Phase 6 winners will each receive a Nintendo Wii; Dance, Dance Revolution; and a 26" Samsung Flat Panel LCD 720p HDTV. The ARV of each prize is $1,019.00. Two (2) Phase 3 and two (2) Phase 7 prizes are available. The Phase 3 and Phase 7 winners will each receive a Sony® Handycam® HD Camcorder. The ARV of each prize is $950.00. Two (2) Phase 4 and two (2) Phase 8 prizes are available. The Phase 4 and Phase 8 winners will each receive a 160 GB Apple® iPod™ and a Bose® SoundDock® System. The ARV of the prize is $749.00. Total ARV of all prizes $31,464.00.
No cash alternative or prize substitutions will be allowed, except Sponsor reserves the right to substitute prize(s) of comparable value if the prize listed is unavailable, in whole or in part, for any reason. Prizes will be delivered only to an address in the United States. All details and other restrictions of prizes not specified in these Official Rules will be determined by Sponsor in its sole discretion. The prizes are nonassignable and nontransferable. The ARV of any electronic prize is subject to price fluctuations in the consumer marketplace based on, among other things, any gap in time between the date the ARV is estimated for purposes of these Official Rules and the date the prize is awarded or redeemed. If the actual purchase price of an electronic prize is less than the ARV stated herein, the prize winner will NOT be entitled to a check, cash or other form of payment for the price difference.
GENERAL PRIZE CONDITIONS: The prize winners shall be solely responsible for all federal, state and/or local taxes, and the reporting consequences thereof, and for any other fees or costs associated with the applicable prize. The potential prize winners may be required to execute an Affidavit of Eligibility, a Liability Release, and (where legal) a Publicity Release (collectively, "Prize Claim Documents"). If a winner is considered a minor in winner's state of residence, at Sponsor's option, the applicable prize either will be awarded in the name of parent or legal guardian of winner, or parent or legal guardian of winner will be required to ratify and sign Prize Claim Documents. If a winner (or, in the case of a minor, such minor's winner's parent or legal guardian) fails or refuses to sign and return all Prize Claim Documents within seven (7) days of prize notification (or a shorter time if required by exigencies), the winner may be disqualified and an alternate winner may be selected. In the event a prize winner or any of his or her guests engage during the prize-related activities in behavior that (as determined by Sponsor in Sponsor's sole discretion) is obnoxious or threatening, illegal or that is intended to annoy, abuse, threaten or harass any other person, Sponsor reserves the right to terminate the activities early, in whole or in part, and send the winner and/or his or her guests home with no further compensation.
GENERAL LIABILITY RELEASE/FORCE MAJEURE: Entrants (or if minors, their parents or legal guardians) agree that the Promotion Entities (a) shall not be responsible or liable for any losses, damages or injuries of any kind resulting from participation in the Contest or any Contest-related activity, or from entrants' acceptance, receipt, possession and/or use or misuse of the prize(s), and (b) have not made any warranty, representation or guarantee express or implied, in fact or in law, with respect to the prize(s), including, without limitation, to such prize's quality or fitness for a particular purpose. Sponsor assumes no responsibility for any damage to an entrant's computer system which is occasioned by accessing the Website or participating in the Contest, or for any computer system, phone line, hardware, software or program malfunctions, or other errors, failures, delayed computer transmissions or network connections that are human or technical in nature. Without limiting the generality of the foregoing, Sponsor is not responsible for incomplete, illegible, misdirected, misprinted, late, lost, damaged, stolen, or postage-due submissions, Submission or prize notifications; or for lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet Service Providers, websites, or other connections; or for miscommunications, failed, jumbled, scrambled, delayed, or misdirected computer, telephone or cable transmissions; or for any technical malfunctions, failures, difficulties or other errors of any kind or nature; or for the incorrect or inaccurate capture of information, or the failure to capture any information. Sponsor reserves the right in its sole discretion to disqualify any individual who is found to be tampering with the entry process or the operation of the Contest or the Website, to be acting in violation of these Official Rules, or to be acting in an unsportsman-like or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Contest, or to annoy, abuse, threaten or harass any other person, and Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. In the event less than 10 eligible Submissions are received or Sponsor is prevented from awarding prize(s) or continuing with the Contest as contemplated herein by any event beyond its control, including but not limited to fire, flood, natural or man-made epidemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal state or local government law, order, or regulation, public health crisis (e.g. SARS), order of any court or jurisdiction, or other cause not reasonably within Sponsor's control (each a "Force Majeure" event or occurrence), then subject to any governmental approval which may be required, Sponsor shall have the right to modify, suspend, or terminate the Contest. If the Contest is terminated for Force Majeure before the designated end date, Sponsor will (if possible) select the winners from all eligible, non-suspect submissions received as of the date of the event giving rise to the termination. These Official Rules cannot be modified or amended in any way except in a written document issued in accordance with law by a duly authorized representative of Sponsor. The invalidity or unenforceability of any provision of these rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
NATURE OF RELATIONSHIP/WAIVER OF EQUITABLE RELIEF: Each entrant (if a minor, his/her parents or legal guardian) hereby acknowledges and agrees as follows:
(a) that the relationship between the entrant and the Promotion Entities is not a confidential, fiduciary, or other special relationship, and that the entrant's decision to provide the entrant's video submission to Sponsor for purposes of the Contest does not place the Promotion Entities in a position that is any different from the position held by members of the general public with regard to elements of the entrant's video submission; and,
(b) that the Promotion Entities have wide access to ideas, stories, designs, and other literary materials, and that new ideas are constantly being submitted to it or being developed by their own employees; and,
(c) that many ideas or stories may be competitive with, similar or identical to the Submission and/or each other in theme, idea, plot, format or other respects; and,
(d) that such entrant will not be entitled to any compensation as a result of any Promotion Entity's use of any such similar or identical material; and,
(e) that the Promotion Entities do not now and shall not have in the future any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of the copyright in and to the Submission; and,
(f) that, with respect to any claim by entrant relating to or arising out of a Promotion Entity's actual or alleged exploitation or use of any video submission or other material submitted in connection with the Contest, the damage, if any, thereby caused to the applicable entrant will not be irreparable or otherwise sufficient to entitle such entrant to seek injunctive or other equitable relief or in any way enjoin the production, distribution, exhibition or other exploitation of the Picture or any other production based on or allegedly based on the Submission, and entrant's rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law.
DATES & DEADLINES/ANTICIPATED NUMBER OF CONTESTANTS: Because of the unique nature and scope of the Contest, Sponsor reserves the right, in addition to those other rights reserved herein, to modify any date(s) or deadline(s) set forth in these Official Rules or otherwise governing the Contest. Sponsor cannot accurately predict the number of entrants who will participate in the Contest.
FURTHER DOCUMENTATION: If Sponsor shall desire to secure additional assignments, certificates of engagement for the Submission or other documents as Sponsor may reasonably require in order to effectuate the purposes and intents of this Agreement, then each entrant agrees to sign the same upon Sponsor's request therefor.
CONFIDENTIALITY: For information about how Liberty Tax Service uses your personal information, please see its privacy policy, located at http://www.libertytax.com/privacy-policy.html.
ARBITRATION PROVISION: By participating in this Contest, each entrant (if a minor, his/her parents or legal guardian) agrees that:
(a) Any claim, dispute, or controversy (whether in contract, tort, otherwise) that they may have with, or claims they may have against, Sponsor arising out of, relating to, or connected in any way with the Contest, the awarding or redemption of prizes, or the determination of the scope or applicability of this agreement to arbitrate, will be resolved exclusively by private, final and binding arbitration administered by the National Arbitration Forum and conducted before a sole arbitrator pursuant to the Code of Procedure established by the Forum;
(b) This arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act ("FAA"), 9 U.S.C. ยงยง 1-16;
(c) The arbitration shall be held at a location determined by the Forum pursuant to the Code of Procedure (provided such location is reasonably convenient for entrant), or at such other location as may be mutually agreed by the entrant and Sponsor;
(d) The arbitrator's decision shall be controlled by the terms and conditions of these Official Rules and any of the other agreements referenced herein that the applicable entrant may have entered into in connection with the Contest;
(e) The arbitrator shall apply Illinois law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law;
(f) There shall be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only the entrant's and/or Sponsor's individual claims and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated;
(g) The arbitrator shall not have the power to award punitive damages against the entrant or Sponsor;
(h) In the event that the administrative fees and deposits that must be paid to initiate arbitration against Sponsor exceed $125, and the entrant is unable (or not required under the applicable Code of Procedure) to pay the additional fees and deposits, Sponsor agrees to pay them and/or forward them on the entrant's behalf, subject to ultimate allocation by the arbitrator. In addition, if the entrant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of the entrant's filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and,
(i) If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Code of Procedure established by the Forum, the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. For more information on the Forum and/or the Forum's Code of Procedure, please visit their website at www.arb-forum.com or contact them at National Arbitration Forum, P.O. Box 50191, Minneapolis, MN 55405, (877) 655-7755.
WINNERS LIST/OFFICIAL RULES: To obtain a copy of any legally-required winners list, send a self-addressed stamped envelope to: Liberty Tax "Dance for Babies" Contest Winners List, c/o Valassis 1-to-1 Solutions, 67 South Bedford St, Ste. 100E, Burlington, MA 01803. All such requests must be received by 6/1/2008. These Official Rules will be posted on the Website.
®, © 1995 - 2008 American Express Company. All Rights Reserved. American Express Company is not a sponsor or co-sponsor of this promotion.
© 2008 Apple Inc. All rights reserved. Apple®, iPhone™ and iPod™ are registered trademarks of Apple Computer, Inc. registered in the U.S. and other countries. Apple Computer, Inc. is not a sponsor or co-sponsor of this promotion.
1997 - 2008 Bose Corporation. Bose®, the Wave® and SoundDock® are registered trademarks of Bose Corporation. Bose Corporation is not a sponsor or co-sponsor of this promotion.
© 2008 Nintendo. ™, ® & the Wii logo are trademarks of Nintendo. Games are property of their respective owners. Nintendo is not a sponsor or co-sponsor of this promotion.
Copyright © 1995 - 2008 SAMSUNG. All rights reserved. SAMSUNG is not a sponsor or co-sponsor of this promotion.
© 2008 Sony Electronics Inc. All rights reserved. Sony® and Handycam® are registered trademarks of Sony Corporation. Sony Electronics, Inc. is not a sponsor or co-sponsor of this promotion.