Last Updated: 11.07.2011
1.) Description of the Contest or Giveaway: The description of the contest or giveaway can be found on the specific contest or giveaway instructions page. A Judge(s) will choose the winning entry or entries and prize(s) will be awarded in accordance with these Official Rules/Terms and Conditions.
2.) Sponsor: The contest or giveaway is sponsored by www.wbsnightout.com. WBSnightout.com is owned and operated by BPM LLC., Kingston Pa, 18704
3.) Binding Agreement: In order to enter the contest or giveaway, you must agree to these Official Rules. The Rules consist of the terms and conditions on this page. Because you will be bound by these Rules and these Rules will form a legally binding agreement with respect to this contest or giveaway, please read them carefully. You may not submit an entry to the contest or giveaway and you will not be eligible for the prizes described in these Rules unless you agree to these Rules. You agree that registration for this contest or giveaway and/or a submission of an entry in the contest or giveaway constitutes your agreement to these Rules.
4.) Eligibility: The contest or giveaway is open to all U.S. citizens as of the beginning date of the contest or giveaway. The contestant or enterer must be a U.S. Citizens no later than beginning date of the contest or giveaway. Employees, interns, contractors, and official office-holders, as well as their immediate families, of BPM LLC., its affiliates, and any representatives or agencies of www.wbsnightout.com or other persons professionally connected with the Contest or giveaway are not eligible to participate.
5.) Contest or giveaway Period: The Contest or giveaway period runs from 12:00:00 A.M. on the Contest Start date to 11:59:59 P.M. on the Contest End date. See Contest Instructions/Rules for Exact Contest Dates. WBSnightout reserves the right to change the start and end time of the contest or giveaway.
6.) How To Enter: Entries must be submitted through www.wbsnightout.com as indicated in the contest instructions, found on the website. Contest or giveaway instructions on how to participate in the Contest or giveaway and submit entries can be found on the Website. All entries must be sent by electronic mail or entry form to the Contest or giveaway submission address indicated on the Website (socialmedia@wbsnightout.com). Only submissions e-mailed to this address or sent through the entry form will be accepted as valid. The entry form MUST be completed in it's entirety as indicated on the entry form. Failure to Include all REQUIRED information will result in immediate disqualification from the current contest. Entries must be received by BPM LLC., at the designated Contest or giveaway submission address indicated on the Website, no later than 11:59:59 P.M. Eastern Standard Time (EST) on the end date of the contest to be considered eligible entries. BPM LLC. accepts no responsibility for submissions lost, delayed, damaged, defaced, or mislaid, howsoever caused. Each Entrant may submit no more than one (1) entry per day. All intellectual property and industrial property rights in any entries that belonged to the Entrants will remain with the Entrants, but the submissions will otherwise become the property of BPM LLC., and will not be returned after the Contest.
7.) Conduct: By entering the Contest or giveaway, you agree to comply with and be bound by these Official Rules, which will also be posted on the Website. Failure to comply with these Rules may result in disqualification from the Contest or giveaway. You further agree to comply with and be bound by the decisions of the judge(s), which are final and binding in all respects. BPM LLC. reserves the right in its sole discretion to disqualify any Entrant it finds to be: (1) tampering or attempting to tamper with the entry process or the operation of the Contest or giveaway; (2) violating the Official Rules; (3) acting in an unsportsmanlike or disruptive manner, or with the intent to annoy, abuse, threaten or harass any other person. Any false information provided within the context of the Contest or giveaway by any Entrant concerning identity, postal address, ownership of right or non-compliance with the Rules may result in the immediate elimination of an Entrant from the Contest. BPM LLC. further reserves the right to disqualify any entry that it believes in its sole and unfettered discretion infringes upon any law or otherwise does not comply with these Rules. CAUTION: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY PROPERTY OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST OR GIVEAWAY MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, BPM LLC. RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
8.) Judging and Selection of Winner: Winners will be determined by a blind drawing. Entry submissions received by BPM LLC., will automatically enter you into the drawing. The contest or giveaway winner is determined at random. Decisions of the judges are final and binding. In the event there are not enough eligible entries, not all prizes will be awarded. If any winner is not able for whatever reason to accept their prize, then BPM LLC. reserves the right to award the prize to another Entrant, see Winner's Rights.
9.) Prizes: Prizes are indicated on the Website. BPM LLC. reserves the right to substitute prizes of equal monitary value at their discretion, without prior notice to the entrants.
10.) Media Activity: By participating in this Contest or giveaway, you agree and hereby grant BPM LLC. permission to use, copy, modify and make available your submissions to the public (with or without attribution to you) for any purpose, such as, but not limited to, press and media communications, without further compensation to you. You also agree to participate in any media or promotional activity regarding the Contest. If you are a winner, you agree that BPM LLC. may use your name and likeness to administer and promote the Contest and to conduct media interviews and promotional events.
11.) Privacy Notice: By participating in this Contest or giveaway, you agree that we can collect your personal information, and that if we cannot collect the required data, you may not be eligible to participate in the Contest or giveaway. You agree to allow us to log your IP address in order to control the number of votes per IP address per day. Any personal information and IP address information collected during the course of the contest by BPM LLC. will only be used for administering this Contest or giveaway and for other purposes as outlined in these Rules. You will have the right to access, review, rectify or cancel any personal data held by BPM LLC. by writing to BPM LLC. (Attention: Contest or giveaway Privacy) at the BPM LLC. e-mail address (info@wilkesbarrescrantonnightout.com).
12.) No Recourse to Judicial or Other Procedures: To the extent permitted by law, the rights to litigate, to seek injunctive relief or to any other recourse to judicial or any other procedure in case of disputes or claims resulting from or in connection with this Contest or giveaway are hereby excluded, and you expressly waive any and all such rights.
13.) Intellectual Property: By registering for the contest and/or submitting an entry you agree explicitly that you are indeed to creator and owner of any submitted property. Any intellectual property infringement, misuse or plagarism of another person's work in any form or state will result in immediate disqualification and forfeiture of eligibility to receive all awards, recognition and prizes. You also agree to allow BPM LLC. to make public statements regarding any disqualifications and any grounds for disqualification.
14.) Internet: BPM LLC. is not responsible for electronic transmission errors resulting in omission, interruption, deletion, defect, delay in operations or transmission. BPM LLC. is not responsible for theft or destruction or unauthorized access to or alterations of Contest or giveaway materials, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions or limitations of any kind. BPM LLC. is not responsible for inaccurate transmissions of or failure to display Contest or giveaway materials on account of technical problems or traffic congestion on the Internet or at any website or any combination thereof. If for any reason the Internet portion of the Contest or giveaway is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Contest, BPM LLC. reserves the right at its sole discretion to cancel, terminate, modify or suspend the Contest.
15.) Severability: If any provision(s) of these Rules are held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect.
16.) Winner List: The names of the winners will be posted on the Website or through www.facebook.com within one week of the end of the Contest. Not all winners will be announced on the website or www.facebook.com.
17.) Winner's Rights: Upon being notified of winning the contest or giveaway via email or telephone, the said winner has the right to no less than twelve (12) hours, but no more than forty-eight (48) hours to respond and claim their prize. If the winner does not respond within the alloted response time, WBSnightout reserves the right to choose another winner. The winner must respond via email (socialmedia@wbsnightout.com) or through WBSnightout's Winner Claim Form (www.wbsnightout.com/winnerform). By not responding to the notification of winning, the winner gives up all rights to the prize awarded. WBSnightout reserves the right to extend the hours of response as they feel fit, though WBSnightout CAN NOT shorten the time of response to less than twelve (12) hours under any circumstance. The winner must fill out the Winner Claim Form in full, by giving their Full Legal Name, physical mailing address, email address and telephone number. The winner can also send an email with the previously said information to socialmedia@wbsnightout.com. WBSnightout will either make arrangements to hand over the prize in person or will send the prize via USPS Regular Mail. If the prize has not been received by the winner after ten (10) days following their response by email or winner claim form, the winner reserves the right to contact WBSnightout. It is the winner's responsiblity to notify WBSnightout (via email) that the prize has not been received. The winner will have seven (7) days from the tenth (10) day to notify WBSnightout that the prize has not been received. If no notification is received by WBSnightout before seventeen (17) days after the response was receieved by WBSnightout, WBSnightout is not required to resend a new prize. In the event WBSnightout has to resend the prize and the prize has not been received after ten (10) days starting from the initial complaint, the winner reserves the right to contact WBSnightout. The winner will have seven (7) days from the tenth (10) day to notify WBSnightout (via email) that the prize has not been received. If no notification is received by WBSnightout before the seventeen (17) day after the first complaint, WBSnightout is not required to resend a new prize. In the event that the winner does not receive the prize after the first and second attempts and a second complaint is sent during the alloted time period, WBSnightout will make arrangements to meet in person with the winner to hand over the prize.
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