America's Cutest Last-Minute Tax Deduction
official rules
NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
3. Agreement to Official Rules: By participating in the Contest, entrant fully and unconditionally agrees to and accepts these Official Rules and the decisions of the Sponsor and/or Administrator, which are final and binding in all matters related to the Contest. Whether an entrant receives the prize is contingent upon fulfilling all requirements set forth herein.
4. Timing: The Contest begins on December 1, 2009 at 12:00 a.m. Eastern Time ("ET") and ends on January 24, 2010 at 11:59 p.m. ET (the "Contest Period"). The Contest consists of three (3) phases as set forth in the chart below.
|
Phase |
Starts at 12:00 a.m. ET |
Ends at 11:59 p.m. ET |
|
Submission |
December 1, 2009 |
January 7, 2010 |
|
Judging |
January 8, 2010 |
January 12, 2010 |
|
Voting |
January 13, 2010 |
January 24, 2010 |
5. How to Enter: During the Submission Phase, visit www.cutesttaxdeduction.com (the “Website”) and follow the links and instructions to complete and submit the registration form including a valid email address. Then, follow the links and instructions to upload one (1) photo of your baby born between 12/1/09 and 12/31/09 (the “Entry”), including baby's first name and date of birth and name of parent(s)or legal guardian(s). The baby must be the only person who appears recognizably in the photo and there must be only one (1) baby per photo. By completing the registration form and submitting your photo, you agree that your Entry conforms to the Photo Guidelines and Content Restrictions as defined below (collectively, the “Guidelines and Restrictions”) and that Sponsor, in its sole discretion, may remove your photo and disqualify you from the Contest if it believes, in its sole discretion, that your photo fails to conform to the Guidelines and Restrictions.
Photo Guidelines:
· The photo must be in .jpg or .gif format;
· The photo must not exceed one (1) MB in size;
· The photo must not exceed 800 x 600 pixels in size; and
· The photo cannot have been submitted previously in a promotion of any kind or exhibited or displayed professionally through any means.
Content Restrictions:
· The photo must not contain material that violates or infringes another’s rights, including but not limited to privacy, publicity or intellectual property rights, or that constitutes copyright infringement;
· The photo must not contain brand names or trademarks except for the TurboTax mark, which entrant has a limited license to use for the sole purpose of creating and uploading an Entry in this Contest;
· The photo must not contain images or artwork not created by entrant;
· The photo must not contain material that is inappropriate, indecent, obscene hateful, tortious, defamatory, slanderous or libelous;
· The photo must not contain material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; and
· The photo must not contain material that is unlawful, in violation of or contrary to the laws or regulations in any state where photo is created.
For all Entries: Limit: One (1) Entry per person per baby during the Submission Phase. Multiple entrants may not submit photos of the same baby. Entrant must be one of the baby's parents or legal guardian. By uploading the Entry, entrant grants to Sponsor the rights to use their baby's name and likeness in the Entry. If requested by Sponsor, entrant must provide such permission in a form acceptable to Sponsor. All Entries will become the exclusive property of Sponsor, and none will be acknowledged or returned. Sponsor shall have the right to edit, adapt and publish any or all of the Entries, and may use them in any media without attribution or compensation to the entrant, his/her successors or assigns, or any other entity. UPLOADING AN ENTRY IN THIS CONTEST CONSTITUTES ENTRANT’S IRREVOCABLE ASSIGNMENT, CONVEYANCE AND TRANSFERENCE TO SPONSOR OF ANY AND ALL RIGHT, TITLE AND INTEREST IN THE ENTRY INCLUDING, WITHOUT LIMITATION, ALL COPYRIGHTS. Released Parties (as defined in Section 9, below) are not responsible for lost, late, stolen, damaged, incomplete, invalid, un-intelligible, garbled, delayed or misdirected Entries, all of which will be void.
In the event of a dispute as to any Entry, the authorized account holder, at time of entry, of the email address used to submit the Entry will be deemed to be the entrant and must comply with these Official Rules. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Each entrant may be required to show proof of being an authorized account holder.
6. Winner Determination: Winners will be determined via the process set forth below.
(a) Judging Phase: During the Judging Phase, qualified judges determined by Sponsor in its sole discretion will select the entrants with the ten (10) best Entries (the “Finalists”) based on the following criteria (“Judging Criteria”):
· Creativity of Photo (33%); and
· Appearance of Baby (34%)
In case of a tie, the entrant whose Entry received the highest score in the Appearance of Baby category will be deemed the Finalist. If a tie still remains, an independent judge will select the Finalist from all tied Entries based on the Judging Criteria.
(b) Voting Phase: During the Voting Phase, the Finalists' Entries will be posted at www.cutesttaxdeduction.com for public voting. Individuals who meet the eligibility requirements set forth in Section 1 will be invited to vote for their favorite Entry. Limit: Each person may vote one (1) time during the Voting Phase. Multiple votes received from any person or email address after the first vote received from that person or email address will be void. Finalists are prohibited from obtaining votes by any fraudulent or inappropriate means, including, without limitation, offering prizes or other inducements to members of the public, as determined by Sponsor in its sole discretion. Subject to the Finalist’s compliance with these Official Rules, the Finalist whose Entry receives the highest number of valid votes during the Voting Phase will be deemed the potential Grand Prize winner. In the event of a tie, the entrant whose Entry received the highest score in the Appearance of Baby category, as determined by the qualified judges in their sole discretion, will be deemed the potential Grand Prize winner. Sponsor reserves the right, in its sole discretion, to select an alternate potential Grand Prize winner should the voting appear to have been tampered with or manipulated in any way.
For the Voting Phase: Multiple voters are not permitted to share the same email address or Account. Any attempt by any voter to submit more than one (1) vote by using multiple/different email addresses, accounts, identities or any other method will void that voter’s Entry (if any) and votes and he/she will be disqualified from further participation in the Contest. Use of script, macro or any other automated system to vote is prohibited and all such votes will be void. Released Parties (as defined in Section 9 below) are not responsible for lost, late, incomplete, garbled, delayed, invalid, unintelligible or misdirected votes, which will be void. In the event of a dispute as to any vote, the authorized account holder of the email address used to vote will be deemed to be the voter. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address.
7. Winner Requirements: The potential Grand Prize winner will be notified by email, mail or phone on or around January 27, 2010. The potential Grand Prize winner (parent/legal guardian if winner is a minor in his/her state of residence) will be required to execute and return to Administrator, within ten (10) of the date notice or attempted notice is sent, an Affidavit of Eligibility, Liability & Publicity Release (“Affidavit”) in order to claim the prize. If the potential winner cannot be contacted, fails to execute and return the Affidavit within the required time period, or if prize is returned as undeliverable, he/she forfeits the prize. If the potential winner is disqualified for any reason, the entrant whose Entry received the next highest number of valid votes during the Voting Phase will be deemed the potential winner. If a potential winner is disqualified for any reason, the prize may be awarded to a runner-up, if any, at Sponsor’s sole discretion. Only three (3) alternate winners will be selected through this process, after which the applicable prize will remain un-awarded.
8. Prize: ONE (1) GRAND PRIZE: A $5,000 check. Actual Value: $5,000. The prize is non-transferable and no substitution will be made unless Sponsor, in its sole discretion, determines otherwise. Sponsor reserves the right to substitute the prize for one of equal or greater value for any reason. The winner is responsible for all taxes and fees associated with prize receipt and/or use.
9. Release: By receipt of any prize, winner agrees to release and hold harmless Sponsor, Manning Selvage & Lee, Inc., Administrator, and their respective subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and prize suppliers, and each of their respective parent companies and each such company’s officers, directors, employees and agents (collectively, the “Released Parties”) from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Contest or receipt or use or misuse of any prize.
10. Publicity: Except where prohibited, participation in the Promotion constitutes winner’s consent to Sponsor’s and its agents’ use of winner’s name, likeness, Entry, prize information, voice, opinions and/or hometown and state for promotional purposes in any media, worldwide, including the Internet, without further payment or consideration. Sponsor reserves the right to contact the winner to participate in additional publicity opportunities for the following year.
11. General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Contest, or any part of it, if any fraud, technical failures or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Contest, as determined by Sponsor in its sole discretion. Sponsor, in its sole discretion, reserves the right to disqualify any individual it finds to be tampering with the entry process, voting, or the operation of the Contest or to be acting in violation of these Official Rules or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Contest may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
12. Limitations of Liability: The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrant, printing errors or by any of the equipment or programming associated with or utilized in the Contest; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Contest; (4) technical or human error which may occur in the administration of the Contest or the processing of entries or votes; (5) late, lost, undeliverable, damaged or stolen mail; or (6) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Contest or receipt or use or misuse of any prize. Sponsor is not responsible for misdirected or undeliverable entries or for any technical problems, malfunctions of computer systems, servers, providers, hardware/software, lost or unavailable network connections or failed, incomplete, garbled or delayed computer transmission or any combination thereof. Sponsor and Administrator are not responsible for any typographical/other error in entries, selection announcement or for any liability for damage to any computer system resulting from participation in, accessing or downloading information in connection with this Contest.
13. Disputes: Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the Eastern District of Michigan (Southern Division) or the appropriate Michigan State Court located in Oakland County, Michigan; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, but in no event attorneys’ fees; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, 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. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of Michigan without giving effect to any choice of law or conflict of law rules (whether of the State of Michigan or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Michigan.
14. Entrant's Personal Information: Information collected from entrant is subject to ePrize, LLC’s Privacy Policy (http://www.eprize.com/privacy/privacypolicy.html) and Sponsor’s Privacy Policy (http://turbotax.intuit.com/corp/privacy.jhtml).
15. Winner List: Winner List requests will only be accepted after the promotion end date (listed above) and no later than May 27, 2010. For the Winner List, send an email with subject line: "America's Cutest Last-Minute Tax Deduction Winner List Request," to WinListRequests@eprizefulfillment.com.