The Kiss Writing Contest (the “Promotion”) is open only to legal residents of the fifty (50) United States (including District of Columbia) and Canada (excluding Quebec) who are at least thirteen (13) years old as at the time of entry. Void in Quebec and where prohibited by law. Employees of Figment, LLC; Hachette Book Group, Inc.; or any of its respective affiliates, subsidiaries, advertising agencies, or any other company or individual involved with the design, production execution or distribution of the Promotion and their immediate family (spouse, parents and step-parents, siblings and step-siblings, and children and step-children) and household members (people who share the same residence at least three (3) months out of the year) of each such employee are not eligible. The Promotion is subject to all applicable federal, state and local laws and regulations. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor’s decisions, which are final and binding in all matters related to the Promotion. Winning a prize is contingent upon fulfilling all requirements set forth herein.
Figment, LLC, 118 East 64th Street, New York, NY 10065
The Promotion begins on January 28, 2013 at 12:00 a.m. Eastern Time (“ET”) and ends on February 26, 2013 at 11:59 p.m. ET (the “Promotion Entry Period”). Sponsor’s computer is the official time keeping device for this Promotion.
How to Enter
During the Promotion Entry Period visit www.figment.com and become a registered user of the website. Becoming a registered user is free. After you become a registered user you are able to enter the Promotion. To enter the Promotion you must submit one (1) original story about a relationship that no one approves of (the “Submission”). You will write the Submission on Figment.com and click on “Publish Now”. On the “Details” page, put PattersonContest in “Tags”. Limit of one (1) Submission per person during the Promotion Entry Period.
You retain all right, title, and interest in and to your Submission, including the copyright, provided, however, that by participating in the Promotion, you hereby grant Sponsor the non-exclusive, royalty-free right and license to publish your Submission, in whole or in part, and your name, image, likeness, and biographical information for publicity, advertising, and promotional purposes, without limitation, and without consideration whether or not such Submission is selected as a winning Submission.
The creation of multiple accounts to heart or otherwise vote for your Submission on Figment is prohibited, and may result in the disqualification of that entry, the deletion of your Figment account, and/or the blocking of your IP address permanently from the site, at the moderator’s discretion.
- Submission must be no more than 500 words.
- Submission must be an original work created solely by you, has not been previously published, and does not infringe upon any third-party copyrights or other intellectual property rights.
- Submission must be suitable for publication (i.e., may not be sexually explicit, obscene or indecent).
- Submission must not contain defamatory statements.
- Submission must not promote racism, bigotry, hatred or physical harm or harassment of any kind against any group or individual.
- Submission must not contain any telephone numbers, street addresses or email addresses of any individual.
- Submission must not invade privacy, publicity or other rights of any person, firm or entity.
All Submissions will be reviewed for content eligibility and compliance with these Official Rules before being judged. Submissions containing prohibited material or inappropriate content, as determined by the Sponsor, in its sole discretion, may be disqualified. Sponsor makes the final determination as to what Entries are eligible to take part in this Promotion.
Display of Submissions. Public Voting and Selection of Finalists
Submissions will be posted on www.figment.com on a rolling basis. If a Submission is disqualified or otherwise does not meet the Submission requirements it will not be posted or may be taken down. All Contestants will have equal access to Submissions posted on the website. Non-Contestants interested in the Challenge are also encouraged to register. Registration will be required by Non-Contestants in order to be eligible to vote. Registered visitors will be able to vote for their favorite Submission. The public voting will take place between on or about January 28, 2013 at 12:00:01 AM EST, and March 11, 2013 at 5:00PM EST. Public voting will determine the two hundred (200) finalists (the “Finalists”). Each registered visitor is able to vote for (heart) their favorite Submissions, but may only vote for a Submission once during the voting period. Use of an automated process or similar device to submit an electronic vote is strictly prohibited. Any attempt to circumvent the one vote limit per Submission or to use automated vote process will subject all votes from the person to disqualification. If a Contestant receives multiple and/or irregular votes (hearts) from the same user or users, including but not limited to, votes generated by a robotic, programmed, script, macro, other automated means or other source, the Sponsor reserves the right to disqualify the Contestant in their sole discretion. If the voting process fails to operate properly or appears to be tampered with or tainted with errors, fraud or unfair practices, the Sponsor in its sole discretion reserves the right to use another means to determine the Finalists, i.e. random selection or appointing a panel of judges. Contestants may not pay people or provide any other type of consideration in exchange for votes. Any Contestant who violates the ban on paying or providing consideration in exchange for votes will be disqualified. Public votes may be displayed on the competition website, on a real-time basis, before being verified for integrity. These unverified votes do not necessarily reflect accurately the Finalists. The Finalists will be the entrants who are contacted directly by the Sponsor after votes have been verified. Sponsor reserve the right to modify the voting period at anytime for any reason.
Review Finalists’ Submission to Determine Grand Prize Winner
The Finalists’ Submissions will be ranked in the following three (3) criteria: (a) quality (33.33%), (b) creativity (33.33%), and (c) relevance to the prompt (33.33%). One (1) individual whose entry earns the highest overall score will win the Grand Prize. In the event of a tie, winner will be selected based on the criteria described in (a), then (b) and finally (c). Judges will be fair and impartial. Decisions of the judging panel will be final. Odds of winning depend on number of eligible Entries received and quality of the Finalists’ Submissions. Judging will be completed before July 11, 2013.
POTENTIAL PROMOTION WINNER IS SUBJECT TO VERIFICATION BY SPONSOR WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE PROMOTION.
Verification of Potential Winner
Potential winner must continue to comply with all terms and conditions of these Official Rules, and winning is contingent upon fulfilling all requirements. The potential winner will be notified by email, telephone, or registered mail after the date of the judging. The potential winner may be required to sign and return to Sponsor, within seventy-two (72) hours of the date notice is sent, an affidavit of eligibility, and liability/publicity release (except where prohibited) in order to claim his/her prize if applicable. If a potential winner of any prize cannot be contacted, fails to sign and return the affidavit of eligibility and liability/publicity release within the required time period (if applicable), or if the prize or prize notification is returned as undeliverable, potential winner forfeits prize. In the event that a potential winner of a prize is disqualified for any reason, Sponsor may award the applicable prize to an alternate winner.
One (1) Grand prize will be awarded. Grand prize winner will receive $500, a 16GB iPad mini, ebook editions of 13 books by James Patterson, including but not limited to: Witch & Wizard; Witch & Wizard: The Gift; Witch & Wizard: The Fire; Witch & Wizard: The Kiss; The Angel Experiment; School’s Out Forever; Saving the World; The Final Warning; Max; Fang; Angel; Nevermore; and Confessions of a Murder Suspect. Prize-wining story will be published on JamesPattersonYA.com. Grand-prize winner will be mentioned by name in a status update on James Patterson’s Facebook page. Approximate Retail Value of the Grand Prize is: $954. No cash equivalent for the prize. Prize is non-transferable and no substitution will be made except as provided herein at the Sponsor’s sole discretion. Sponsor reserves the right to substitute the listed prize for one of equal or greater value for any reason. Winner is responsible for all taxes and fees associated with prize receipt and/or use.
Entry Conditions and Release
By entering, each participant agrees to: (a) comply with and be bound by these Official Rules and the decisions of the Sponsor, and/or the Promotion judges which are binding and final in all matters relating to this Promotion; (b) release and hold harmless the Sponsor and its respective parent, subsidiary, and affiliated companies, the prize suppliers and any other organizations responsible for sponsoring, fulfilling, administering, advertising or promoting the Promotion, and all of their respective past and present officers, directors, employees, agents and representatives (collectively, the “Released Parties”) from and against any and all claims, expenses, and liability, including but not limited to negligence and damages of any kind to persons and property, including but not limited to invasion of privacy (under appropriation, intrusion, public disclosure of private facts, false light in the public eye or other legal theory), defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright or other intellectual property rights, property damage, or death or personal injury arising out of or relating to a participant’s entry, creation of an entry or submission of an entry, participation in the Promotion, acceptance or use or misuse of prize (including any travel or activity related thereto) and/or the broadcast, exploitation or use of entry; and (c) indemnify, defend and hold harmless the Sponsor from and against any and all claims, expenses, and liabilities (including reasonable attorneys fees) arising out of or relating to an entrant’s participation in the Promotion, the Submission and/or entrant’s acceptance, use or misuse of prize.
Except where prohibited, participation in the Promotion constitutes winners consent to Sponsor’s and its agents’ use of winner’s name, likeness, photograph, voice, opinions and/or hometown and state for promotional purposes in any media, worldwide, without further payment or consideration.
Sponsor reserves the right to cancel, suspend and/or modify the Promotion, 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 Promotion, as determined by Sponsor in its sole discretion. 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 Promotion 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 Promotion 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.
Limitations of Liability
The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Promotion; (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 Promotion; (4) technical or human error which may occur in the administration of the Promotion or the processing of entries; or (5) 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 Promotion or receipt or use or misuse of any prize. If for any reason an entrant’s Submission is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another Submission in the Promotion. No more than the stated number of prizes will be awarded.
Entrant agrees that: (i) any and all disputes, claims and causes of action arising out of or connected with this Promotion, or any prizes awarded, other than those concerning the administration of the Promotion or the determination of winners, shall be resolved individually, without resort to any form of class action; (ii) any and all disputes, claims and causes of action arising out of or connected with this Promotion, or any prizes awarded, shall be resolved exclusively by the United States District Court or the appropriate New York State Court located in New York County, New York; (iii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Promotion, but in no event attorneys’ fees; and (iv) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim 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. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. 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 Promotion, shall be governed by, and construed in accordance with, the laws of the State of New York, without giving effect to any choice of law or conflict of law rules (whether of the State of New York or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York.
Entrant’s Personal Information
For Promotion results email you request to firstname.lastname@example.org. Requests for the winner list must be received by with 60 days of the end of the Promotion Entry Period. DO NOT SEND ANY OTHER CORRESPONDENCE OR SUBMISSIONS TO THE EMAIL ADDRESS.