VIVID ENTERTAINMENT HONEYMOON VIDEO CONTEST RULES
NO PURCHASE NECESSARY
BY PARTICIPATING IN THE VIVID ENTERTAINMENT HONEYMOON VIDEO CONTEST (THE “CONTEST”), YOU FULLY AND UNCONDITIONALLY AGREE TO AND ACCEPT THESE OFFICIAL RULES AND THE DECISIONS OF VIVID ENTERTAINMENT WHICH ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE CONTEST. WINNING THE PRIZES IS CONTINGENT UPON FULFILLING ALL REQUIREMENTS SET FORTH HEREIN.
1. CONTEST PERIOD: The Contest begins at 1:00 pm Pacific Standard Time (“PST”) August 19, 2011 and ends at 11:59 pm PST, August 26, 2011 (the “Contest Period”).
2. ELIGIBILITY: The Contest is open only to participants who (a) are legal US citizens or permanent US residents who are legal residents of the forty-eight (48) contiguous United States and the District of Columbia, and are eligible to work in the United States during the period of the Contest and participation of honeymoon video shoot; (b) are eighteen (18) years of age or older (except in the case of legal residents of certain states where the legal age of majority is greater than eighteen (18) years of age, such legal age of majority) at the time of entry; (c) are able to provide a US or state government issued identification, such as a driver’s license or a passport. Neither you nor any of your immediate family members, nor members of your household (whether or not related to you) may be employees, directors, officers, independent contractors, agents or representatives of Vivid Entertainment. We reserve the right to remove from the Contest any person we determine, in our sole discretion, is sufficiently connected with Vivid Entertainment such that such person’s participation in the Contest could create the appearance of impropriety.
3. HOW TO ENTER: THERE IS NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. THIS CONTEST IS VOID WHERE PROHIBITED BY LAW. During the Contest Period, you may enter the Contest by visiting www.vivid.com. Follow the on-screen prompts to complete the entry (the "Entry"). A physical and electronic address is required of all entrants. There is a limit of one Entry per couple/email address during the Contest Period. Entries must be submitted by 11:59 p.m. PST on August 26, 2011, to be eligible. In the event of a dispute, all Entries will be deemed to have been submitted by the owner of the designated e-mail account in the Entry. Any questions regarding the number of Entries submitted or the owner of an e-mail account shall be determined by Vivid Entertainment in its sole, reasonable discretion, and Vivid Entertainment reserves the right to disqualify any Entries by persons determined to be tampering with or abusing any aspect of the Contest.
4. DOCUMENTATION: At Vivid Entertainment’s request, you (and your partner if he/she does not jointly submit or electronically sign the Entry) agree to sign any applicable documents (including, but not limited to, an affidavit of eligibility and liability and publicity release) provided to you by Vivid Entertainment. If you or your partner fails to sign the proper paperwork within a reasonable time period, you may be disqualified.
5. PRIZES AND WINNER DETERMINATION: There will be one (1) Grand Prize and five (5) Runner-Up prizes. The judging of entrants and selection of winners shall be through procedures established by Vivid Entertainment in its sole and absolute discretion.
Grand Prize: The Grand Prize winner will receive: (i) a one (1) hour video shoot directed by the award winning B. Skow at a Vivid Entertainment production site in Los Angeles, California; (ii) roundtrip airfare for the couple to Los Angeles, California consisting of roundtrip, coach class air transportation from a major U.S. gateway airport nearest winner’s residence to Los Angeles, California and one night standard hotel accommodations (one room, double occupancy) and excludes telephone charges, room service mini-bar and laundry services, personal expenses, gratuities, incidental charges. If winner resides within a 100-mile radius of destination, ground transportation will be provided in lieu of air transportation and no compensation or substitution will be provided in lieu thereof. Actual value may vary based on point of departure. Any difference between stated value and actual value will not be awarded. Trip must be taken on dates specified by Vivid Entertainment or prize will be forfeited and Vivid Entertainment will have no further obligation to such winner. Vivid Entertainment reserves right to change dates. Travel must be made through Vivid Entertainment’s agent on a carrier of Vivid Entertainment’s choice. Certain travel restrictions may apply. Grand Prize winner and partner must travel together on the same itinerary. All federal, state and local taxes and all other costs associated with prize acceptance and use not specified herein as being provided, including local transportation, meals, souvenirs, and gratuities are the sole responsibility of the winners.
Runner Up Prizes. The Runner-Up winners will receive a year’s subscription to vivid.com and a collection of Vivid-Celeb sex tapes.
The Video shall be owned by the Grand Prize winners for their private use. All winners will grant Vivid Entertainment, on a worldwide, royalty free and perpetual basis, the right to use their names, hometowns and biographical information, statements and any images [including photos submitted] submitted in connection with the Entry, for purposes of advertising, promotion, and merchandising.
Prizes are awarded “as is” with no warranty or guarantee, either express or implied by Vivid Entertainment. Winners may not substitute, assign or transfer prize or redeem prize for cash, but Vivid Entertainment reserves the right, at its sole discretion, to substitute prizes (or portion thereof) with one of comparable or greater value. All prize details are at Vivid Entertainment’s sole discretion.
6. VERIFICATION AND NOTIFICATION OF WINNERS. THE GRAND PRIZE AND RUNNER-UP WINNERS ARE SUBJECT TO VERIFICATION BY VIVID ENTERTAINMENT WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE CONTEST. The winners will be posted on the following web page: http://www.vivid.com. The potential winners must respond within ten (10) business days of his/her name being posted. In addition and as a courtesy, Vivid Entertainment will also attempt to alert the winners using the email address provided during the entry process, but Vivid Entertainment and the Released Parties (defined below) are not responsible for any technical malfunction or undelivered email messages. Once the potential winners have been verified to the satisfaction of Vivid Entertainment, Vivid Entertainment will arrange for prize fulfillment. If any winner is determined to be ineligible by Vivid Entertainment, or fail to respond within the required time period, the potential winners forfeit their prizes and are disqualified. In the event the potential Grand Prize winner is disqualified for any reason, Vivid Entertainment may, in Vivid Entertainment’s sole discretion, select a different winner from the runner-up entries and repeat the verification process outlined above, or conduct a new promotion to award the prizes.
7. GENERAL CONDITIONS/RELEASE: By participating in the Contest, you agree (i) to be bound by these rules and the decisions of Vivid Entertainment, and (ii) to release and hold harmless Vivid Entertainment, its parent, affiliates, subsidiaries and advertising and promotion agencies and all of their respective officers, directors, agents, employees and representatives (collectively, “Released Parties”) for any damage, loss or liability to person or property, due in whole or in part, directly or indirectly, by reason of the acceptance, possession, use or misuse of prize (including any travel or activity related thereto) or participation in the Contest. 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. This Contest will be governed by and interpreted under the laws of the State of California, U.S.A. without regard to its conflicts of laws provisions. All participants agree that any and all disputes arising out of or relating in any way to this Contest shall be litigated only in courts sitting in Los Angeles, California. Claims, judgments and awards will be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, but in no event attorneys’ fees. This Contest is void where prohibited and subject to all applicable federal, state and local laws. Vivid Entertainment reserves the right, in its sole discretion to cancel or suspend part or all of this Contest for any reason, including but not limited to, should virus, bugs, non-authorized human intervention or other causes corrupt or impair the administration, security , fairness or proper play of the Contest. Released Parties shall not be responsible for lost, late, incomplete, damaged, inaccurate, stolen, delayed, misdirected, undelivered, or garbled votes or for technical, hardware, software or telephone failures of any kind, lost or unavailable network connections, fraud, incomplete, garbled or delayed computer transmissions, whether caused by Released Parties, users or by any of the equipment or programming associated with or utilized in the Contest or by any technical or human error which may occur in the processing or submissions which may damage a user’s system or limit a participant’s ability to participate in the Contest or for other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Contest, including, without limitation, errors or difficulties which may occur in connection with the administration of the Contest, the announcement of the prize or in any Contest-related materials. Vivid Entertainment may prohibit an participant from participating in the Contest or winning a prize if, in its sole discretion, it determines that said participant is attempting to undermine the legitimate operation of the Contest by cheating, hacking, deception or other unfair playing practices or intending to annoy, abuse, threaten, or harass any other participants of Contest representatives.
You acknowledge that you have read and expressly waive Section 1542 of the California Civil Code, which provides as follows:
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.
8. WINNER: The names of the winners will be announced on or around September 5, 2011.
9. THE OPT-IN: Any information entrants provide to the Vivid Entertainment will be used to communicate with entrant in relation to the Contest. Vivid Entertainment may contact entrants at a future date about services the Vivid Entertainment believes entrants will find of interest.