TLC'S “SAY YES TO THE ULTIMATE PROM MAKEOVER” CONTEST
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN.
A PURCHASE OR PAYMENT WILL NOT INCREASE CHANCES OF WINNING.
INTERNET ACCESS IS REQUIRED TO PARTICIPATE.
MANY PEOPLE WILL ENTER THE CONTEST, BUT ONLY ONE PERSON WILL WIN A PRIZE.
1. CONTEST DESCRIPTION: The TLC “Say Yes to the Ultimate Prom Makeover Contest” ("Contest") sponsored by Discovery Communications, LLC ("Sponsor") begins at 12:00 PM (Noon) Eastern Time ("ET") on November 21, 2016 and ends at 11:59 PM ET on February 14, 2017 ("Contest Period"). The Contest provides high school students ages 15 - 19 an opportunity to write an essay of 500 words or less which describes why they deserve to win an Ultimate Prom Makeover, as described below in Section 9 below. Entries will be judged and the winner determined according to the process and judging criteria outlined in Section 8 below.
2. ELIGIBILITY: The Contest is open to legal residents of the 48 contiguous United States and the District of Columbia (collectively, the "Eligibility Area") who are high school students ages 15 -19 at the time of entry. Employees, officers and directors of the Sponsor, Hearst Communications, Inc. ("Promotional Partner"), Promotion Mechanics, Inc. ("Contest Administrator"), their parent companies, subsidiaries, affiliates, TV production partners, advertising agencies, promotional suppliers and the immediate family members (spouses and parents, children and siblings and their spouses, regardless of where they live) or members of the same households (whether related or not) of such employees, officers and directors (collectively, "Contest Parties") are not eligible. Any determinations of eligibility will be made by the Sponsor, whose decisions are final and may be made at any time. All applicable federal, state, and local rules apply. Void outside the Eligibility Area and where prohibited or restricted by law.
3. AGREEMENT TO OFFICIAL RULES: By participating in the Contest, each entrant (and if an entrant has not yet reached the age of majority in his/her jurisdiction of residence [a "Minor"], such entrant's parent(s) and/or legal guardian(s) ("Parents")] fully and unconditionally agrees to the terms of these Official Rules and the decisions of the Contest Parties, which are final and binding. Any participant who is a Minor must seek permission from his/her Parents before participating. Winning a prize is contingent upon fulfilling all requirements set forth herein. For the purposes of these Official Rules, the term "Participant" may hereafter refer to an entrant and if entrant is a Minor, such entrant together with his/her Parents. Any Participant may be disqualified in Sponsor's sole discretion if a related Participant fails to comply with any of the terms of these Official Rules.
4. TO ENTER: First, visit the Contest website at TLC.com/SYTTPmakeover (the "Website") during the Contest Period, and review the program and associated resources for entrants. Next, write an essay of no more than 500 words, in which you explain why you deserve to win an Ultimate Prom Makeover. Points you might explain in your essay include how you maintain a good academic record, how your actions have impacted your school and/or community, and how you keep a positive attitude in difficult times.
Since you must complete the Contest entry form in a single session (not that partially completed Contest entry forms cannot be saved for later completion), it is recommended that you prepare your essay in a word processing program prior to accessing the online Contest entry form. Then you can cut and paste your essay into the Contest entry form at the time you submit your entry.
Once you have completed your essay, go to TLC.com/SYTTPmakeover and access the Contest entry form. Cut and paste your essay into the entry form and provide all other required entry information. Submit the entry form so that it is received by Sponsor's server no later than 11:59 PM ET on February 14, 2017. Limit one (1) entry per person/e-mail address. Duplicate entries will be void. For the avoidance of doubt, entrant must own or have the right to convey any and all right, title and interest in and to the Entry. Submitting an Entry that is copyrighted by another individual will make you responsible for any legal action the legal copyright holder might take against you.
Note that normal Internet access and usage charges imposed by your online service will apply. If you participate using a wireless device, such activity will be subject to the charges pursuant to your wireless service provider’s rate plan. Please consult your wireless service provider for more information.
5. CONTEST ENTRY REQUIREMENTS AND RESTRICTIONS: Entries must be submitted in English. Each entry must be the work solely of, and original to, the applicable entrant. Entries may not contain any copyrighted elements other than elements owned by the entrant. Entries must not contain inappropriate content, including but not limited to vulgarity, obscenity, lewd, or violent material, or materials which promote violence. Entries must not defame or invade the privacy or publicity rights of any person, living or deceased, or otherwise infringe upon a person's personal or proprietary rights. Entries that do not include all required information and do not adhere to the foregoing and following requirements will be considered void and will not be considered in the judging of this Contest. Entries that are deemed by Sponsor in its sole discretion to be immoral, obscene, profane or not in keeping with Sponsor's image will be disqualified. Entries must not have been previously entered in any other contest or published in any medium. Entries must not violate any law or regulation.
6. ENTRANT'S REPRESENTATIONS: By submitting an entry, you (and if you are a Minor, your Parents) represent and warrant that (a) you are the creator of the entry, (b) the entry is wholly original, (c) the entry does not infringe the intellectual property, privacy or publicity rights or any other legal or moral rights of any third party, (d) the entry has not previously been entered in any other contest, (e) the entry has not been previously published in any medium, and (f) you own all rights to your entry.
7. SPONSOR'S RIGHTS TO ENTRIES: By participating, each Participant grants the Sponsor, Seventeen.com, and their affiliated companies the unconditional and perpetual right and permission to copyright, reproduce, encode, store, copy, transmit, publish, post, broadcast, display, publicly perform, adapt, modify, create derivative works of, exhibit, and otherwise use the entry or any portion thereof (with or without using a Participant's name) in any media throughout the world for any purpose, without limitation, and without additional review, compensation, or approval from the applicable Participant or any other party. By participating, each Participant forever waives any rights of copyrights, trademark rights, patent rights, privacy rights, and any other legal or moral rights in the entry that may preclude the Sponsor and/or Seventeen.com's use of the entry, or require such Participant's permission for the Sponsor and/or Seventeen.com to use the entry. By participating, each Participant further agrees not to instigate, support, maintain, or authorize any action, claim, or lawsuit against the Sponsor and/or Seventeen.com, or any other person, on the grounds that any use of the entry, or any derivative works, infringe any of such Participant's rights, including, without limitation, copyrights, or moral rights. Each Participant further acknowledges that neither the Sponsor nor Seventeen.com is in no way obligated to broadcast, publish or use any entry in any way. Nothing herein shall constitute an employment, joint venture, or partnership relationship between any Participant and the Sponsor and/or Seventeen.com. In no way is any Participant to be construed as the agent or to be acting as the agent of the Sponsor and/or Seventeen.com.
8. JUDGING: All Entries will first be screened to ensure they meet the entry criteria. Then, a panel of judges selected by the Sponsor and Seventeen magazine will score qualifying Entries using the following Judging Criteria: [a] Content (25%), [b] Relevance to the Contest theme (25%), [c] Believability (25%), and [d] Originality (25%). The judges will rank all eligible Entries received.
The fifteen (15) highest scoring Entries will proceed to the final judging round, in which a panel of judges selected by the Sponsor will determine the Grand Prize winner based on which Entry in their opinion give the most compelling reason why the entrant deserves to win an Ultimate Prom Makeover. The highest scoring Entry will be deemed the Grand Prize winner. In the event of a tie at any level, the Originality score will be used as a tiebreaker. The decisions of Sponsor and Judges are final and binding in all matters.
Notwithstanding any other provision of these Official Rules, if at any time during the Contest Period, the Sponsor determines that not enough or no eligible entrants exist from which to determine the winner, then Sponsor may in its sole and exclusive discretion determine that not enough or no eligible contestants exist, and then may either suspend or terminate the Contest or modify it (or any parts thereof) in any equitable manner that Sponsor deems appropriate in its sole and exclusive discretion, including, without limitation, by not awarding the prize set forth in these Official Rules.
9. PRIZE: (1) Grand Prize: a trip for the winner and one (1) parent/legal guardian ("Guest") to New York, New York, to participate in TLC's Say Yes to the Prom event on March 21, 2017. At the event, the winner will be given a complete prom outfit including shoes and accessories, receive a full hair and makeup styling, and have a one-on-one style session with Monte Durham of Say Yes to the Dress: Atlanta. The prize also includes round trip coach air travel for two (2) people to New York, NY, from a major commercial airport near winner's residence (as determined by Sponsor); one (1) double-occupancy hotel room for 3 days/2 nights; ground transportation; and $250 spending money. Total ARV of Grand Prize is $3,500. All expenses not specified are winner's responsibility. Actual value will be determined by winner's residence and seasonal rates. Travel and accommodations are subject to availability and certain restrictions. Air carriers, hotels and other transportation selected by Sponsor. Trip must be taken on dates specified by Sponsor (March 20-22, 2017), or prize will be forfeited in its entirety. If winner lives within 100 miles of New York, NY (as determined by Sponsor), Sponsor reserves the right to substitute ground transportation in lieu of airfare at its sole discretion, and any difference in value will not be awarded. In the event the TLC’s Say Yes to the Prom event on March 21, 2017 is cancelled or postponed for any reason, Sponsor reserves the right to award the remainder of the prize with no further obligation to the Winner.
Winner and Guest must travel on the same itinerary and are responsible for obtaining all necessary travel documents and travel insurance. All other costs and expenses associated with acceptance and use of prize not specified herein as being provided are the sole responsibility of the winner. Winner's Guest winner must provide hotel with a major credit card issued in his/her name to cover room security and incidental expenses.
10. WINNER NOTIFICATION: On or about February 27, 2017, the potential winner will be notified by phone, email, postal mail and/or express mail, and will be required to complete an affidavit of eligibility, liability and (where legal) publicity release, and provide any additional information that may be required by Sponsor, within the time period specified in the notification document. The potential winner will also be required to return a properly completed IRS W-9 form within the time period specified by Sponsor, and such winner will receive an IRS Form 1099 issued in his/her name for the actual value of prizes received. Any affidavit or other prize claim agreements completed by a Minor must be co-signed by that Minor's Parents. Proof of identity, age, and legal residence may be required to claim a prize. Winner's Guest will be required to complete and return a notarized liability/publicity release prior to issuance of travel documents.
Potential Winner and his/her parent/legal guardian traveling with Winner must successfully pass a background screening, administered by Sponsor, and be willing to provide all information needed to complete such required background screening. If a potential winner and/or his/her parent/legal guardian are unwilling to allow the background screening, or Sponsor and/or Seventeen magazine, in theirs sole discretion, determine that a potential winner or his/her parent/legal guardian has not satisfactorily passed the background screenings, the potential winner will forfeit the Prize, and Sponsor and Seventeen magazine will have no liability to said potential winner, and an alternate winner will be selected.
A potential winner may be disqualified in Sponsor's sole discretion if: (a) the entrant associated with a potential winning entry fails to provide any required information or properly completed documents within the required time period; (b) the entrant associated with a potential winning entry fails to comply with any of the terms of these Official Rules; or (c) if any prize or prize notification is returned as undeliverable, any voice-mail or message left is not timely returned, or any forms sent to potential winners/prize recipients are not timely returned as instructed. In the event of disqualification or prize forfeiture, at Sponsor's sole discretion the applicable prize may be awarded to the entrant whose Entry received the next highest score, pending verification of eligibility.
If the prize remains unclaimed after three (3) potential winners have been notified for that prize, the prize may remain unawarded, in Sponsor's sole discretion. No responsibility is assumed by Sponsor for any incorrect or missing postal address, e-mail address or phone number associated with an entry, or any change of address, e-mail or phone number of entrant after entry submission.
By accepting the Grand Prize, the winner and his/her Guest represent that they understand that travel, whether by plane, automobile, or other conveyance, or by foot, and in the air, contains some inherent element of risk of accident, illness, injury, loss or death, which may be caused by negligence, forces of nature, or other agencies, known or unknown. Grand Prize winner and his/her travel companions represent that they recognize that such risks may be present at any time before, during and after the trip. In order to be considered a Grand Prize winner and partake of the enjoyment of this trip, Grand Prize winner, his/her travel companions must be willing to accept the risk, and to confirm their acceptance to such risk in writing at Sponsor's request.
11. PRIZE PUBLICITY: Both Winner and Guest will be required to provide written consent to be filmed during the Ultimate Prom Makeover event and to permit the live and/or recorded broadcast, publication, or other use of said film footage, in whole or in part, by Sponsor and/or Seventeen.com, and those acting on its behalf, for advertising or commercial purpose, worldwide without limitation and without additional compensation. Winner and Guest agree to grant Sponsor and/or Seventeen.com the results and proceeds of the film footage (hereunder “Materials”) with the right for the full period of copyright, including all extensions and renewals thereof, and thereafter in perpetuity, throughout the world, to use and re-use all or any part of the Materials for the purpose of making and producing television programs and other works, and advertising, publicizing and exploiting the same, by all means and in all media, whether now known or hereafter devised, and to authorize others to do so. Neither Winner, Guest, nor any other party now or hereafter having an interest in the Materials shall have any right or action against Sponsor, Seventeen.com, or any Promotion Entities or any other party arising out of any use of said Materials. Winner and Guest further agree that Sponsor and/or Seventeen.com may elect, in its sole discretion, to not use the Materials or to use only a portion of the Materials. The requirements of this section are void where prohibited by law.
12. TAXES AND ADDITIONAL PRIZE RESTRICTIONS: All taxes (including without limitation federal, state and local taxes) in connection with a prize, and the reporting consequence thereof, are the sole responsibility of the prize recipients. Sponsor makes no representations regarding the tax liability associated with any prize, and winners are advised to seek counsel regarding any tax liabilities associated with their prize. Any prize details and restrictions not specified will be determined by Sponsor in its sole discretion. Prize may differ from prize shown in promotional materials. Prize must be accepted as awarded. No prize transfer or cash redemption. No prize substitutions may be made, except by the Sponsor, who reserves the right to substitute a prize (or component thereof) with another prize (or component thereof) of comparable or greater value if the prize is not available for any reason as determined by the Sponsor in its sole discretion. All other costs and expenses associated with acceptance and use of a prize not specified herein as being awarded are the sole responsibility of the applicable winner. If for any reason Sponsor is unable to provide any portion of the prize, no compensation will be awarded in lieu thereof, but remainder of prize package will be awarded. Sponsor will not replace any lost, damaged or stolen prizes. Unless otherwise indicated herein or in any applicable manufacturer's warranty information, all prizes are awarded as-is and without warranty of any kind, implied or express. The preceding excludes any express warranties on Sponsor's products; such warranties being limited by their stated terms/conditions.
13. GENERAL CONDITIONS: The Contest Parties, together with the respective officers, directors, employees, representatives, agents, shareholders, successors and assigns of each (aforementioned individuals and organizations collectively, "Released Parties") are not responsible for and shall not be liable for (a) electronic, hardware or software program, network, Internet or computer malfunctions, failures, or difficulties of any kind, including without limitation, server malfunction or by any human error which may occur in the processing of entries; (b) failed, incomplete, garbled or delayed computer transmissions; (c) lost, late, misdirected, damaged, incomplete entries or postage-due mail; (d) any printing or typographical errors in any materials associated with the Contest; (e) any disputes between any Participant(s); or (f) any condition caused by events beyond the control of the Sponsor that may cause the Contest to be disrupted or corrupted. In the event that the operation, security, or administration of the Contest is impaired in any way for any reason, including, but not limited to fraud, virus, or other technical problem, the Sponsor may, in its sole discretion, either: (a) suspend the Contest to address the impairment and then resume the Contest in a manner that best conforms to the spirit of these Official Rules; (b) award prizes according to the Judging Criteria from among the eligible entries received up to the time of the impairment; or (c) to proceed in such a manner as may be deemed fair and equitable by Sponsor in its sole discretion. The Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Contest or to be acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner. Any attempt by any person to undermine the legitimate operation of the Contest may be a violation of criminal and civil law, and, should such an attempt be made, the Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. The Sponsor's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. In the event of a dispute as to any online entry, the authorized account holder of the e-mail address associated with the applicable entry will be deemed to be the entrant. The "authorized account holder" is the natural person who is assigned to an e-mail address by an Internet access provider, online service provider, or other organization responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. By participating in this Contest, Participants agree to waive any right to claim ambiguity or any deficiency in these Official Rules or the Contest, including its administration.
13. RELEASE AND LIMITATIONS OF LIABILITY: By participating in the Contest, Participants agree to release and hold harmless the Released Parties from and against any claim or cause of action arising out of participation in the Contest or receipt or use of any prize, including, but not limited to: (a) unauthorized human intervention in the Contest; (b) technical errors related to computers, servers, providers, or telephone or network lines; (c) printing errors or any errors made in the advertisement of the Contest; (d) lost, late, postage-due, misdirected, or undeliverable mail; (e) errors in the administration of the Contest or the processing of entries; or (f) injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from Participant's participation in the Contest or receipt of any prize. Participants further agree that in any cause of action, the Released Parties' liability will be limited to the cost of entering and participating in the Contest, and in no event shall the Released Parties be liable for attorney's fees. Participants waive the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages. The Contest and Website are provided by Sponsor on an 'AS IS' basis. Sponsor makes no representations or warranties of any kind, express or implied, as to the operation of the site or the information, content, materials, or products included on the Website. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THE RELEASED PARTIES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
14. INDEMNITY: Each Participant hereby agrees to indemnify and hold the Released Parties harmless from any and all claims, damages, expenses, costs (including reasonable attorneys' fees) and liabilities (including settlements), brought or asserted by any third party against any of the Released Parties due to or arising out of such Participant's entry, or such Participant's conduct in creating an entry or otherwise in connection with this Contest, including but not limited to: claims for trademark infringement; copyright infringement; violation of an individual's right of publicity or right of privacy; or defamation.
15. PUBLICITY: By participating, each Participant grants to Sponsor, Seventeen.com, and their affiliated companies the right, except where prohibited by law, to use such Participant's name, likeness, picture, address (city and state), voice, biographical information, entry and written or oral statements, for advertising and promotional purposes in promoting or publicizing Sponsor, Seventeen.com, their affiliated companies, and the products or services of each, in any and all media without limitation as to time or territory, without compensation unless required by law. Participants shall have no right of approval, no claim to compensation, and no claim (including, without limitation, claims based on invasion of privacy, defamation, or right of publicity) arising out of any use, blurring, alteration, or use in composite form of their name, picture, likeness, address (city and state), biographical information, or entry. Further, as a condition of winning, winners may be required to provide a photograph for purposes of publicity, except where prohibited.
16. DISPUTES: Except where prohibited, entrant agrees that any and all disputes, claims and causes of action arising out of, or connected with, the Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in the State of Maryland. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, entrant's rights and obligations, or the rights and obligations of the Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of Maryland, without giving effect to any choice of law or conflict of law rules (whether of the State of Maryland or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Maryland.
18. RULES/WINNER LIST: For a copy of these Official Rules or to receive a Winner List (please specify), mail a self-addressed, stamped envelope to be received by March 31, 2017 to: “Say Yes to the Ultimate Prom Makeover” Contest Rules or Winner List, PMI Station, PO Box 750, Southbury, CT 06488-0750
Sponsor: Discovery Communications, LLC, One Discovery Place, Silver Spring, MD 20910.
Contest Administrator: Promotion Mechanics, Inc., 87 South Main Street, Newtown, CT 06470.
© 2016 Discovery Communications, LLC All rights reserved.
Any third party trademarks mentioned herein are the property of their respective trademark owners. The use or mention of such third party trademarks in these Official Rules or in the Sweepstakes is solely for descriptive purposes and shall in no way imply an endorsement or sponsorship of the Sweepstakes.