Official Rules
1. NO PURCHASE NECESSARY. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW. ALL FEDERAL, STATE AND LOCAL LAWS AND REGULATIONS APPLY.
2. PARTICIPATION CONSTITUTES ACCEPTANCE OF RULES AND DECISIONS, CONSENT TO USE AND RELEASE OF CLAIMS. By entering this sweepstakes, each participant warrants that he or she has read and agrees to abide by all sweepstakes rules and that he or she is not prohibited from participating in the sweepstakes. Participation in this sweepstakes constitutes participant’s full and unconditional acceptance of these Official Rules and the decisions of Artco (US), Inc. doing business as Pear Tree Greetings (“Pear Tree”/”Pear Tree Greetings”), its parents, affiliates, employees and agents, which are final, binding and non-negotiable in all respect. Each participant agrees to release, discharge, indemnify and hold harmless Pear Tree and its parents, affiliates, shareholders, employees, officers, directors, agents, representatives, advertising and promotion agencies and prize suppliers from any liability arising from or related to the sweepstakes, including without limitation, (a) unauthorized human intervention in the sweepstakes; (b) technical errors related to computers, servers, providers, or telephone or network lines; (c) printing errors; (d) lost, late, postage-due, misdirected, or undeliverable mail; (e) personal injury, death, and property damage; and (f) claims based on publicity rights, defamation, or invasion of privacy. Further, participants fully and unconditionally release all claims for consideration, copyright infringement and all other claims of any nature relating to the use of their entry, name or likeness.
3. ELIGIBILITY. This sweepstakes is open to U.S. residents 18 years of age and older. Proof of age and identity must be furnished upon request. Employees, agents, independent dealers and affiliates of Pear Tree and its agents, affiliates and immediate family members of all such persons, are not eligible to participate in this sweepstakes. Pear Tree reserves the right, at its sole discretion, to cancel, terminate, suspend, or amend this sweepstakes at any time for any reason. Pear Tree further reserves the right to amend these sweepstakes rules at any time without prior notice, at its sole discretion. Pear Tree reserves the right to disqualify any participant for any reason, including, but not limited to, violation of these Official Rules or infringement of the rights of a third-party.
4. TO ENTER. This sweepstakes will run between October 5th, 2010 and October 23rd, 2010 (“Contest Period”). To enter this sweepstakes, participants must send a Halloween themed photo to [email protected] no later than 11:59 p.m. Central Time October 23rd, 2010 (“Eligible Entries”) to be eligible to win this sweepstakes. Please only one entry per person and e-mail address. By submitting an entry, participants agree to abide by these Official Rules. Persons submitting entries under false pretenses will be disqualified. Pear Tree is not responsible for telecommunications, network, electronic, technical or computer failures of any kind. Pear Tree is not responsible for any lost or misdirected mail sent by participant or Pear Tree.
Participant’s submission signifies agreement by participant to grant Pear Tree a non-exclusive, royalty-free, irrevocable, transferable, perpetual license to publicly display participant’s entry. Participant further certifies that the entry submitted does not contain any trademarks, logos, copyrighted material, or other intellectual property belonging to any third party. Pear Tree reserves the right to disqualify any entry which Pear Tree, in its sole discretion, determines to be offensive, illegal, in violation of any privacy or other third party rights or for any other reason. Photographs used in the entry must be original and taken by participant. Participant must have the permission of any person used as a subject of the photograph. Any editing/retouching/modifying/etc. of the photograph must be performed by participant. Use of stock photographs is not allowed.
Participant warrants and represents that he/she: (i) is the photographer of the photograph used in the entry and (ii) that he/she has obtained all permission necessary for Pear Tree to publish or use the entry in any media worldwide, including but not limited to permission from all persons depicted in the photograph and from any holder of copyrights, trademarks, or other rights in materials or other items utilized in the entry. By entering, participant also agree that Pear Tree may publish participant’s name and entry on Pear Tree’s website, or in such other media or formats as Pear Tree may elect without further compensation. By entering, participant also agrees to confirm any of the above in writing upon request by Pear Tree.
5. PRIZES. There will be one (1) potential winner selected by Pear Tree from all Eligible Entries on or about October 24th, 2010. On or about October 24, 2010, a panel of judges selected by Pear Tree will select ten (10) entries to move on to the second round of judging. The criteria that the judges will use will include, but is not limited to: 1) the creativity of the image; 2) how well it fits into the contest theme; and 3) quality of the photograph. The ten (10) entries the panel of judges selects will be posted on Pear Tree’s blog, www.blog.peartreegreetings.com, where visitors to the page can vote on their favorite entry. The entry with the most comments received by unique email addresses, which shall be determined by Pear Tree in its sole discretion, between the time the entries are posted on Pear Tree’s blog and 11:59 P.M, Central Standard Time on October 30th, 2010 will be declared the winner. In the event of a tie, Pear Tree will determine the winner by holding a drawing of the entries with the highest number of comments. Chances of winning will depend on the number of entries received. The winner will get $100 off their purchase from the Pear Tree website, www.peartreegreetings.com, and second and third place will get $50 off their purchase from the Pear Tree website, www.peartreegreetings.com. The winner is responsible for taxes any and all other costs and expenses not listed above. All decisions of the judges of this sweepstakes are final, binding, and non-negotiable. No prize may be transferred or substituted. The prize has no cash value. The prize must be redeemed with Pear Tree no later than December 31, 2010.
6. IDENTIFICATION OF POTENTIAL WINNER. Pear Tree will notify the potential winner by email on or about the week of October 31, 2010.
The winner’s name will also be posted at www.facebook.com/peartreegreetings/.
7. SPONSOR: This sweepstakes is sponsored by Artco (US), Inc. doing business as Pear Tree Greetings located at 1985 Lookout Drive, North Mankato, MN 56003.
8. MISCELLANEOUS. By entering this sweepstakes, participants consent to Pear Tree’s use of their name, likeness, image and biographical data for advertising and promotional purposes without additional compensation, except where prohibited by law. BECAUSE PERSONAL INFORMATION FROM PARTICIPANTS WILL BE COLLECTED BY ENTERING THIS SWEEPSTAKES, PARTICIPANTS SHOULD REVIEW Pear Tree’s Privacy Policy, which can be found at http://www.peartreegreetings.com/custserv_content.jsp?pageName=privsecu. By entering this sweepstakes, participant authorizes Pear Tree to contact participant for commercial purposes via fax, telephone, or e-mail address listed on the participant’s entry form. There will be no use of participants name or other personal information for future commercial purposes except as in accordance with Pear Tree’s privacy policy. This Agreement is governed by the laws of the State of Minnesota, without giving effect to conflicts of law rules.
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