OFFICIAL RULES
[For the purposes of these Official Rules, you are the 'Contestant' or 'Entrant,' the aggregate contestants are the 'Entrants,' the author is the 'Sponsor,' the craft you build or use for your picture is the 'Craft,' and MermaidSailsTheBay.com and mermaidsailsthebay.com is the 'Contest Web Site'.]
How to enter: Visit MermaidSailsTheBay.com (the "Contest Website") Submit one (1) video that is at least one-minute (60 seconds) long that shows the author's book, 'Mermaid Sails the Bay' floating on or housed inside a craft (the 'Craft') that is inspired by one or more scenes that appear in 'Mermaid Sails the Bay.' Your craft does not have to be a boat. It could, for example, be a log like one that the three brothers, Ted, Bill, and Ed, use when building their campfires. Or it could be a stuffed bear, like the real bear that shows up outside the boys' tent. Anything that floats. You can design a Craft or you can use something already available. The size of your Craft does not matter: a small piece of driftwood or a battleship, like one from Teddy Roosevelt's 'Great White Fleet' that circled the world in 1908 and which passes through San Francisco's Golden Gate on the return from a world tour. Be original in your choice or original in your creation. Every week, the author will post scenes from his novel on this web site and on Facebook.com/mermaidsailthebay.
To get more ideas for your Craft, you can order your very own copy of 'Mermaid Sails the Bay' at Amazon.com or by
clicking on the ORDER BUTTON on the Contest page at MermaidSailsTheBay.com.
NO PURCHASE NECESSARY: If you do not want to purchase the author's novel at this time about three young brothers (Ted, 12; Bill, 14; and Ed, 16) having the adventure of a lifetime on San Francisco Bay one summer in 1908, simply download a B/W or color copy of the novel's book cover on the Contest page at MermaidSailsTheBay.com. Place the cover somewhere on your Craft. (Please try to keep it from getting wet!) Either way...
Take one (1) video that is at least one-minute long of the book cover for 'Mermaid Sails the Bay' afloat on or inside of your Craft and:
-- post to your YouTube channel then post the link to your video on Mermaid's Facebook page: Facebook.com/mermaidsailsthebay.
-- also email the link to your video, along with your First Name, Last Name, email address, city, state/province and country to: Submit@MermaidSailsTheBay.com
The Contest begins at 10:01 AM Pacific Time ("PT") on November 5th, 2016 and ends at 11:59 PM Pacific Time ("PT") on February 28th, 2017 (the "Contest Period"). The Sponsor's computer is the official time-keeping device for the Contest.
All Submissions must be received only as directed on the Contest Web Site by 11:59 PM PT on February 28th, 2017 (each an "Entry"). Submissions will only be accepted online at submit@mermaidsailsthebay.com and/or facebook.com/mermaidsailsthebay.
A copy of these Official Rules can be obtained by sending an e-mail request to info@mermaidsailsthebay.com or can be viewed online at www.mermaidsailsthebay.com. Limit of one (1) Entry per person. If more than one (1) Entry is submitted by the same person, only the first eligible Entry submitted will be considered. Entries will not be returned to the entrant. By entering the Contest, entrants agree to be bound by these Official Rules. In the event of a dispute regarding any aspect of the Contest, the Sponsor will make the final ruling at his sole discretion. Such ruling shall be final and binding, and no communication or correspondence will be exchanged with entrants regarding such ruling(s) unless otherwise required by law.
Each Submission must adhere to the following guidelines:
a. Each Submission shall be in English;
b. The one-minute or longer video must include either a copy of the 'Mermaid Sails the Bay' (the novel) or a print out (available via the link on the Contest page) of the novel's book cover.
c. Submissions must be sent as a link to your YouTube video to: submit@mermaidsailsthebay.com. Each Submission must include your FIRST NAME, LAST NAME, CITY, STATE/PROVINCE, COUNTRY as well as a brief description and/or name of the body of water where you recorded the video.
By participating in the Contest, each entrant represents and warrants that: (i) the Submission is original to the entrant, and all right, title and interest (including but not limited to copyright) therein and thereto is exclusively owned and/or controlled by the entrant to the full extent necessary to enable the Sponsor to use the Submission as contemplated by these Official Rules; (ii) the Submission does not contain any material that is libelous, defamatory, profane or obscene, as determined by the Sponsor in its sole discretion; (iii) the Submission does not contain any material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age; (iv) the Submission does not contain any material that is unlawful, in violation of or contrary to the laws or regulations in any jurisdiction where the Submission is created; (v) the Submission does not infringe upon the intellectual property or other statutory or common law rights of any third party (including but not limited to copyright, trademark, personality or privacy rights); (vi) the Sponsor’s use and re-use of the Submission in accordance with the terms set out herein will not infringe or violate the rights of any third party (including copyright), or require any payment to or consent/permission from any third party; and (vii) the Submission has not been previously exploited or published in any form, and no rights in or to the Submission have been granted, pledged, or assigned to any third party which would interfere with or derogate from the rights granted to the Sponsor hereunder.
Eligibility: The Contest is open only to legal residents of the U.S., Canada, Republic of Ireland, United Kingdom, Australia, New Zealand and South Africa (collectively, the "Territory") who have reached the age of majority in their country, state, province or territory of residence at the time of entry. Entrants are required to have Internet access and an active e-mail account in order to participate. Void where prohibited by any law, regulation, rule or authority. The following individuals are not eligible to participate in the Contest: (i) employees of the Sponsor, affiliates, and subsidiaries; (ii) friends or colleagues of the author (iii) all agencies, entities and persons engaged in the marketing and/or administration of the Contest; and (iv) Immediate Family members (as defined below) of any of the foregoing.
For the purpose of these Official Rules, the term "Immediate Family" shall mean husband, wife, spouse, mother, father, brother, sister, son and/or daughter, whether or not they reside in the same household.
The Sponsor reserves the right, in its sole discretion, to immediately disqualify, without notice, any and all Submissions that do not comply with the Submission Requirements set out above, as determined in the Sponsor’s sole discretion. Submissions shall not be returned to the entrant for any reason. No communication or correspondence will be exchanged with entrants except with the entrants selected for a prize.
Submissions shall be deemed to be submitted by the authorized account holder of the e-mail address associated with the Entry (i.e., the natural person who is assigned to an e-mail address by an Internet service provider, online service provider, or other organization responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address). A potential winner may be required to provide the Sponsor with proof that she/he is the authorized account holder of the e-mail address associated with the potential winning Submission.
Prizes: One (1) grand prize consists of a sailing tour for up to four (4) people for a cruise on San Francisco Bay. Winner and his or her three companions are responsible for travel to San Francisco. However, a $300 stipend will be provided for shopping and dining (collectively, the "Grand Prize").
One (1) second prize will be awarded consisting of $200 (the "Second Prize") and five (5) signed copies of "Mermaid Sails the Bay," a signed poster-sized illustration from the novel, and a "Mermaid" T-shirt.
One (1) third prize will be awarded consisting of $100 (the "Third Prize") and two (2) signed copies of "Mermaid Sails the Bay."
The Grand Prize, Second Prize, and Third Prize must be accepted as awarded and cannot be transferred, assigned, or substituted. Winning entrants are solely responsible for any and all costs associated with claiming a prize. The outcome of the Contest is dependent on the total number of eligible entries received, the quality and creativity of each Submission, the entrant’s skill and the Judges’ application of the Judging Criteria (as described below).
Taxes, if applicable, are the sole responsibility of each winner.
The Sponsor and/or its affiliates may, but are under no obligation to, contact Entrants for the purpose of discussing the possible publication of Submissions that were not selected as a winning Submission.
Winner Selection: The winners will be determined through the following process:
i. The Submissions will be reviewed and assessed by a panel of qualified judges chosen by the Sponsor at his sole discretion (which will include at least two (2) judges who are independent of the Sponsor and his affiliates and whose names shall be made available upon request) (the "Judges") based on the following judging criteria (the "Judging Criteria"):
• Creativity (33%);
• Content (33%); and
• Quality of image (34%).
Decisions of the Judges are final and binding in all respects.
Winner Notification: On or about March 5th, 2017, the Grand Prize, Second Prize, and Third Prize winners will be identified and the corresponding entrants will be notified by the Sponsor via e-mail using the information provided by the Entrant at the time of entry. The winners will be required to sign and return (scanned copy of original to be received by Sponsor within five (5) business days of the date of the Sponsor’s notification, with the original document to follow by registered mail) an Affidavit of Eligibility and Liability/Publicity Release that confirms his/her: (i) eligibility for the Contest and compliance with these Official Rules; (ii) acceptance of the Grand Prize or Second Prize, or Third Prize as awarded; (iii) release, to the fullest extent permitted by law, of the Sponsor and his subsidiaries and affiliates, and his respective employees, directors, officers, suppliers, agents, sponsors and administrators (collectively, the "Releases") from any and all liability for any loss, harm, damages, cost or expense arising out of participation in the Contest, participation in any contest-related activity or the acceptance of any prize, including but not limited to costs, injuries, losses related to personal injuries, death, damage to, loss or destruction of property, rights of publicity or privacy, defamation, or portrayal in a false light, or from any and all claims of third parties arising there from; (iv) grant to the Sponsor and his affiliates of the unrestricted right, in the Sponsor’s sole discretion, to publish, reproduce, convert, broadcast, communicate by telecommunication, exhibit, distribute, translate, adapt and otherwise use and re-use the winner’s name, photograph, likeness, voice and biographical material in any and all media now known or hereafter devised, in connection with the Contest and the promotion and exploitation thereof, without compensation, unless prohibited by law; and (v) agreement to the Sponsor’s exclusivity (i.e. entrant shall not submit Submission to any other Contest, publisher or self-publish) during the Contest Period and for a period of three (3) months following the close of the Contest period.
In the event that a potential winner: (i) fails to respond within the stated timeline or refuses to sign the Affidavit of Eligibility and Liability/Publicity Release in the form provided; or (ii) is the potential Grand Prize winner and is unable or unwilling to enter into the Sponsor’s standard form publishing agreement, the potential winner will be disqualified and an alternate potential winner will be selected by a process determined by the Sponsor in its sole discretion. Notification of potential winners is deemed to have taken place at the time the Sponsor contacts a potential winner by e-mail address provided by the potential winner at the time of entry. Upon Grand Prize winner confirmation, the Grand Prize winner will be required to provide to the Sponsor a photo of the Grand Prize winner which may be used by the Sponsor, affiliates and/or subsidiaries for publicity and promotional purposes relating to the Contest in any and all media now known or hereafter devised, without further compensation unless prohibited by law.
Upon receipt by the Sponsor of the signed Affidavit of Eligibility and Liability/Publicity Release, the potential Grand Prize winner will be provided with the Sponsor’s standard form publishing agreement for the entry along with a non-disclosure agreement regarding same.
The Grand Prize winner, Second Prize winner and Third Prize winner will be announced on the Contest Web Site on or about March 6th, 2017.
Conditions: Neither the Sponsor nor his affiliates and/or subsidiaries, are responsible for printing, clerical or typographical errors of any kind or nature relating to entries. In no event will the Sponsor be obligated to award more than the stated number of prizes. Entrants agree that neither the Sponsor nor his affiliates and/or subsidiaries shall be obligated to publish or otherwise exploit any Submission (including the winning Submission) in any manner, unless a written agreement is entered into between the parties. Entrants agree that the Sponsor and his subsidiaries, affiliates, agents and promotional agencies shall not be liable for negligence, gross negligence, damages, injuries or losses of any kind resulting in whole or in part from participation in the Contest, or from acceptance, use or misuse of any prize, except that which cannot otherwise be excluded by law. By participating in the Contest, entrants agree to indemnify the Sponsor and his subsidiaries, affiliates, agents and promotional agencies from any claims incurred as a result of such damages, injuries and losses. Neither the Sponsor nor his affiliates and/or subsidiaries assume any liability for lost, late, incomplete, inaccurate, undeliverable or misdirected entries, notifications and/or responses, or for any computer, online, software, hardware or technical malfunctions that may occur, including but not limited to malfunctions that may affect the transmission or non-transmission of an Entry. Entrants are responsible for all costs associated with participation in the Contest, including but not limited to computer equipment and internet connection charges. Neither the Sponsor nor his affiliates and/or subsidiaries is responsible for damage to any participant’s computer system/software related to or resulting from participation or downloading any materials in connection with the Contest. Neither the Sponsor nor his affiliates and/or subsidiaries assumes any responsibility or liability in the event that the Contest cannot be conducted as planned for any reason whatsoever, including but not limited to reasons beyond the control of the Sponsor, such as infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures or any other causes outside the control of the Sponsor which impairs or affects the administration, security, fairness, integrity, or proper conduct of the Contest. Neither the Sponsor nor his affiliates and/or subsidiaries assume any responsibility for undelivered or undeliverable e-mails resulting from any form of active or passive e-mail filtering by an entrant’s Internet service provider and/or e-mail client or for insufficient space in Entrant’s e-mail account to receive e-mail. The Sponsor reserves the right, at his sole discretion, to disqualify any individual who tampers or attempts to tamper with the entry process or the operation of the Contest. CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE THE CONTEST WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW. The Contest and these Official Rules are void, in whole or part, where prohibited by law and is subject to all applicable laws and regulations.
Privacy and Use of Personal Information: By participating in the Contest, each Entrant grants to the Sponsor and his affiliates and/or subsidiaries, the right to use his/her name, mailing address, and e-mail address (collectively, "Personal Information") as follows: (i) for the purpose of administering the Contest, including but not limited to contacting and announcing the winners; (ii) for publicity and promotional purposes relating to the Contest, in any and all media now known or hereafter devised, without further compensation unless prohibited by law, such use shall only be with respect to the entrant’s name, city and country, state, province or territory of residence; and (iii) for the purpose of contacting an Entrant with respect to the submission of additional works unrelated to the Contest, at the Sponsor’s sole discretion. In addition to the foregoing, the Grand Prize winner, Second Prize Winner, and Third Prize Winner acknowledges and agrees that a photo of the Grand Prize winner, Second Prize winner and Third Prize winner (which shall be submitted by the winners to the Sponsor upon winner confirmation) may be used by the Sponsor his affiliates and/or subsidiaries for publicity and promotional purposes relating to the Contest in any and all media now known or hereafter devised, without further compensation unless prohibited by law. The Sponsor and his affiliates and/or subsidiaries will use the entrant’s Personal Information only for identified purposes, and will protect the entrant’s Personal Information in a manner that is consistent with the Contest Web Site.
Termination: Subject to any governmental approval which may be required, the Sponsor reserves the right to terminate or suspend the Contest, in whole or in part, and/or amend the Official Rules in any way, at any time, for any reason, without prior notice. In the event that the Contest is terminated or suspended, the Sponsor will select a potential winner from all eligible, non-suspect Submissions received prior to such action.
Amendments to Official Rules: Any amendments to the Official Rules will become binding upon all entrants at the time they are posted to the Contest Web Site. Entrants are advised to regularly check the Contest Website for updates, notices and revisions to the Official Rules during the Contest Period.
Governing Law: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the Entrant or Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of California and the United States.
Winners List: The winner’s names and country of residence will be posted to the Contest Website on or about March 6th, 2017, and will be available for viewing for at least one (1) month thereafter.
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