Diner en Blanc
Celebrity Cruises Contest
Official Rules- Draft #4
July 21, 2015
DINER EN BLANC CELEBRITY CRUISES CONTEST
OFFICIAL RULES
NO PURCHASE OR PAYMENT OF ANY KIND NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING THE CONTEST.
SPONSOR: Diner en Blanc International, Inc., 3737 Cremazie Suite #500, Montreal, Quebec, CANADA H2T 2A3.
ELIGIBILITY: CONTEST ENTRANTS MUST BE LEGAL RESIDENTS OF ONE (1) OF THE FIFTY (50) UNITED STATES (EXCLUDING ALASKA) OR THE DISTRICT OF COLUMBIA AND AT LEAST 21 YEARS OLD AT TIME OF ENTRY TO BE ELIGIBLE. CONTEST VOID IN ALASKA, OUTSIDE THE UNITED STATES, AND WHERE OTHERWISE PROHIBITED BY LAW. You may enter this Contest only as a natural person. Employees of Sponsor, Celebrity Cruises and, each of their respective affiliates, agents, officers, employees, subsidiaries, vendors, advertising and promotion fulfillment and/or judging agencies (collectively, the “Related Entities”), and the immediate family members of each are not eligible to enter or win a prize in the Contest. For purposes of this paragraph, “family member” means a spouse, parent, sibling, child, son-in-law, daughter-in-law and all lineal descendants, including those by adoption. Contest subject to all applicable federal, state, and local laws and regulations.
HOW TO ENTER: The Contest begins at 6:00 PM Eastern Daylight Time ("EDT") on July 28, 2015 and ends at 11:59:59 PM EDT on December 1, 2015 (hereinafter, "Contest Entry Period"). To enter, complete the Official Online Entry Form as directed by submitting your complete name, mailing address, valid email address and telephone number and upload a photograph of yourself and friends or family around your own table featuring its design and décor at a participating 2015 Diner En Blanc Event that takes place in the United States. Residents of Maryland, New Jersey, North Dakota and Vermont may upload a photograph of himself/herself and friends or family wearing white apparel around any table featuring its design and décor in lieu of a featured table at a participating 2015 Diner En Blanc Event in the U.S. You may enter as many times as you wish, however each photograph you submit must be different. Duplicate submissions of the same photograph by one or multiple Entrants will not be accepted. Only the first Entry received will qualify. The computer of the Contest application is the official time-keeping device of this Contest. Sponsor has no obligation to use any eligible Photograph submitted. Uploaded Photographs are the views/opinions of the Entrants and do not reflect the views of Sponsor in any manner. Children and any individual appearing to be under the age of twenty-one (21) years may not be included in any photograph. By uploading a Photograph that features other individuals, you guarantee that you have permission from those featured individuals to post the photograph in connection with this Sweepstakes. By participating in the Contest, each Entrant grants permission to Sponsor or any Related Entity to use the Photograph in Sponsor's commercial material as well as at Sponsor's website or any social media platforms whether or not your Entry is selected as the Grand Prize Winning Entry. Sponsor has no obligation to use or post any Entry you submit. The use of an Entry by Sponsor or any Related Entity does not have any effect on the winner selection process.
Entries may not contain, as determined by Sponsor's sole discretion, any content that:
INTELLECTUAL PROPERTY RIGHTS/WARRANTY: By participating in the Contest, each Entrant grants Sponsor and the Related Entities a perpetual, worldwide, irrevocable, exclusive, assignable, transferable, unqualified, unrestricted, royalty-free license and the right to edit, modify, publish, use, reuse, distribute, publicly display, copy and otherwise exploit the Entry or any part thereof (with or without the Entrant's name and city/state), and any materials based thereon or derived from, in any manner and in any media (whether now known or later developed), for any lawful purposes whatsoever (noncommercial or commercial), including, without limitation, for use in the commercial packaging and point-of-sale materials, or for promotion, marketing or advertising of Sponsor, or any Related Entity, each of their respective brands and/or products in any medium (whether now or hereafter known) throughout the world in perpetuity without further permission, notification, consideration, or payment to the Entrant, except where prohibited by law. In addition, each Entrant forever waives in favor of Sponsor all rights of “Droit Moral” or “Moral Rights of Authors” or any similar rights or principles of law that may preclude the use of the Entry (or any part thereof) as granted herein, or require Entrant's permission to use the Entry (or any part thereof) for the purposes stated herein. By submitting an Entry, each Entrant warrants and represents that his/her Entry is original and was created solely by him/her, that the Entry does not incorporate any material owned by any third party, and that use of the Entry as described herein will not violate any law or infringe upon the rights of any third party. If, in the sole discretion of Sponsor, the Entry violates any law or infringes upon the rights of any third party, is inaccurate, incomplete or irregular in any way, or otherwise does not comply with these Official Rules or is deemed inappropriate, the Sponsor may disqualify the Entry. To the maximum extent permitted by law, Entrant indemnifies and agrees to keep indemnified the Related Entities at all times from and against any liability, claims, demands, losses, damages, costs and expenses resulting from any act, default or omission of the Entrant and/or a breach of any warranty set forth herein. To the maximum extent permitted by law, Entrant agrees to defend, indemnify and hold harmless the Related Entities from and against any and all claims, actions suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys' fees) arising out of or accruing from: (i) any Entry provided by Entrant that infringes any copyright, trademark, trade secret, trade dress, patent or other intellectual property right of any person or defames any person or violates their rights of publicity or privacy; (ii) any misrepresentation made by Entrant in connection with the Contest; (iii) acceptance, possession, misuse or use of any prize or participation in any Contest-related activity or participation in the Contest; (iv) any non-compliance by Entrant with these Official Rules; (v) claims brought by persons or entities other than the parties to these Official Rules arising from or related to Entrant's involvement with the Contest; (vi) any malfunction or other problem with the Contest site in relation to the Entry and participation in the Contest by Entrant; or (vii) any typographical or other error in the printing, offering or announcement of any prize or winners in relation to the Entry and participation in the Contest by Entrant.
All Entries become the property of the Sponsor upon submission and will not be acknowledged or returned and the Sponsor has the right to dispose of the Entries at Sponsor's discretion. By submitting an Entry, each Entrant agrees to abide by the terms of these Official Rules, the Sponsor's Privacy Policy available at https://www.dinerenblan.com/info.
Entries posted are the views/opinions of the individual Entrant and do not reflect the views of Sponsor or any Related Entity in any manner.
DIGITAL MILLENNIUM COPYRIGHT ACT: Once an Entry is submitted for the Contest, such Entry will be deemed made at the direction of the Entrant within the meaning of the Digital Millennium Copyright Act and the Communications Decency Act. EACH ENTRANT REPRESENTS, UNDERSTANDS AND ACKNOWLEDGES THAT HE/SHE WILL NOT BE PAID FOR OR RECEIVE ANY FORM OF COMPENSATION OR ROYALTY (OTHER THAN THE PRIZE STATED HEREIN IF SELECTED AS A PRIZE WINNER) IN EXCHANGE FOR GRANTING SPONSOR OR THE RELATED ENTITIES THE RIGHTS SET FORTH HEREUNDER OR FOR ANY SUBSEQUENT USE OF SUCH SUBMISSION BY SPONSOR OR THE RELATED ENTITIES. If requested, Entrant will sign any documentation that may be required for Sponsor or its designees to make use of the Entry as set forth herein.
JUDGING CRITERIA/GRAND PRIZE WINNER SELECTION: One (1) potential Grand Prize Winner will be selected from among all eligible Entries received based on the following criteria: (i) Originality and Creativity of the Photograph (0-45 points); (ii) Interest and Appeal to the Diner En Blanc Theme (0-45 points); and (iii) Quality of the Photograph (0-10 points) (i, ii and iii, collectively, “Judging Criteria”). All Entries will be judged by a panel of judges to be designated by Sponsor whose decisions are final and binding on all matters relating to this Contest. In the event of a tie, the tied entrants will be re-judged by an additional judge who will serve as a tie-breaker using the same Judging Criteria as outlined above. In the event the same Photograph is submitted by more than one (1) entrant, only the first Entry received will qualify. In the event there are not enough qualified entries received in Sponsor's sole discretion, Sponsor reserves the right not to select a Grand Prize Winner.
ONE (1) GRAND PRIZE: One (1) Winner will receive one (1) up- to-twelve (12) nights' European cruise for winner and one (1) Guest onboard a Celebrity Cruises' ship consisting of a double occupancy standard veranda category stateroom, two hundred and fifty dollars ($250) onboard credit, and round trip economy class air transportation between major commercial airport nearest winner's residence and major commercial airport in the designated cities nearest the ports of departure and return and up to two (2) nights hotel accommodations at a property designated by Celebrity Cruises, if required. The approximate retail value (“ARV”) of the Grand Prize will not exceed $14,000. In the event the Grand Prize Winner resides in Hawaii, Grand Prize Winner will be solely responsible for any and all air transportation between winner's residence and Los Angeles, California and lodging (if any) prior to departing on air transportation to Europe or returning on air transportation from Europe. Grand Prize Winner will be solely responsible for all federal, state, local or other government or quasi-government taxes and fees on prize, as well as any and all expenses that may be associated with the acceptance and use of prize. Grand Prize Winner is responsible for any and all expenses and incidental travel costs not expressly stated as part of the prize, including but not limited to ground transportation between winner's residence and airport of departure and return, alcoholic beverages, in-stateroom charges (e.g., mini-bar, room service, telephone, internet, movies), onboard photographs, specialty dining, certain entertainment and shore excursions, onboard or offshore medical services, service fees, gratuities, travel upgrades, baggage fees, and personal incidentals. Grand Prize Winner will be required to provide a valid major credit or debit card upon cruise check-in and all in-room charges including but not limited to those defined above will be charged to the Grand Prize Winner's major valid credit or debit card provided. Sponsor is not responsible for any fees or additional charges resulting from the Grand Prize Winner's change(s) to itinerary or accommodations. Grand Prize Winner is solely responsible for obtaining all necessary travel documents including but not limited to a valid U.S. Government issued Identification, a valid U.S. Passport and/or valid Visa prior to travel and the associated costs for these requirements. Sponsor is not responsible for flight postponement or cancellation. Winner and guest must travel at the same time on the same itinerary. Grand Prize will be issued in the form of a cruise certificate. Cruise must be taken within one year from date the Cruise Certificate is issued or winner forfeits the prize. Other material restrictions may apply. Cruise prize redemption is based on stateroom availability at time of booking and excludes blackout dates. Winners are encouraged to submit three preferred sailing dates/itineraries for Cruise prize redemption, and Celebrity will try to accommodate in order of preference and based on availability. Cruise provided subject to the terms and conditions in Celebrity's Cruise Ticket Contract, Complimentary Cruise Certificate, and applicable brochure. Such terms and conditions of use that are listed on these documents include, but are not limited to: cruise certificate expiration, minimum number of days that the cruise must be booked prior to sail date, specified stateroom category and upgrade restrictions. No guest under twenty-one (21) years of age will be booked in a stateroom unless accompanied by a person who is twenty-one (21) years or older. A parent or legal guardian must accompany all guests under the age of eighteen (18). Married couples who do not meet these age restrictions may, at Celebrity's discretion, be permitted to sail. Grand Prize Winner and guest must sign Celebrity's Cruise Ticket Contract prior to being allowed to board the cruise. Sponsor and the Related Entities shall not be responsible for any cancellations, delays, diversions or substitution or any act or omissions whatsoever by any cruise vessel, or other transportation company or any other person providing any of these services and accommodations. Sponsor and the Related Entities shall not be liable for any loss or damage to baggage. If Grand Prize Winner becomes disabled or cannot otherwise fully enjoy the prize due to illness, Sponsor shall have the option at its sole discretion of being relieved of liability for fulfillment of the Grand Prize and no other compensation in lieu of the Grand Prize will be awarded. Grand Prize Winner is responsible for obtaining his/her own medical, travel, and life insurance and any associated costs. Grand Prize Winner will be required to supply Sponsor with his/her social security number for tax purposes. Grand Prize Winner will receive an IRS Form 1099MISC for the ARV of the Grand Prize. The ARV of a Grand Prize may vary based on itinerary and availability of cruise at time of booking and travel. No substitution, assignment, redemption for cash, or transfer of any prize permitted. If the advertised prize cannot be awarded due to circumstances beyond Sponsor's reasonable control, a substitute prize of equal or greater value may be awarded in Sponsor's sole discretion. All travel is subject to any and all restrictions instituted by the Federal Aviation Administration, the Department of Defense and/or the Department of Homeland Security, as required. The value of the Grand Prize set forth above represents Sponsor's good faith determination of the approximate retail value thereof, and the actual fair market value, as ultimately determined by Sponsor, is final and binding and cannot be challenged or appealed. In the event the stated approximate retail value of a prize is more than the actual fair market value of that prize, the difference will not be awarded in cash or otherwise.
WINNER NOTIFICATION/PRIZE RELEASE: One (1) potential Grand Prize Winner will be required to complete and return to Contest Administrator an Affidavit of Eligibility and Liability and (where permitted) a Publicity Release within five (5) business days of notification. Potential Grand Prize Winner may be disqualified under any the following circumstances; i) if he/she cannot be reached by the Contest Administrator within the specified time period; ii) if the prize notification or e-mail correspondence is returned as undeliverable; iii) if he/she is found to be ineligible; and/or iv) if he/she cannot or does not comply with these Official Rules. In the event the potential Grand Prize Winner is disqualified for any reason, Sponsor will award that Prize to the next highest scoring entrant.
PUBLICITY: Except where prohibited, participation in the Contest constitutes Grand Prize Winner's consent to Sponsor's and its agents' use of winner's name, likeness, photograph, voice, opinions and/or hometown, state, submitted for promotional purposes in any media now known or hereinafter developed, worldwide, without further payment or consideration.
OWNERSHIP & LICENSE: Providing Content grants Sponsor and its agents the right to publish, use, adapt, edit and/or modify such Content in any way, in any and all media, without limitation, and without consideration to the entrant. Sponsor reserves the right to alter, change or modify the winning Content, in its sole discretion. By accepting the Grand Prize, winner agrees that his or her Content will be deemed a Work Made For Hire under the Copyright laws of the United States, but if it cannot be so deemed, then the winner irrevocably assigns and transfers to Sponsor all of his/her right, title and interest in and to his/her Content, including all but not limited to all copyright and trademark rights which he or she may have, in the United States and worldwide, therein, for consideration, the receipt and sufficiency of which is hereby acknowledged. Upon request of Sponsor, winner shall execute and deliver such additional instrument of assignment, as may be solely deemed by Sponsor, reasonably necessary to establish the ownership of record of the right, title and interest in and to the Content and of the copyrights transferred and “Moral Rights of Authors” waived under these Official Rules. Should Sponsor fail to request the said assignment as stated, that shall not be deemed a waiver of Sponsor's rights and Sponsor may at a later time request the assignment.
INTERNET: If for any reason this Contest is not capable of running as planned due to an infection by a computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of the Sponsor, which corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Contest, the Sponsor reserves the right in its sole discretion, to disqualify any individual who tampers with the Entry process, and to cancel, terminate, modify or suspend the Contest. If the Contest is terminated early, Sponsor reserves the right to select the Grand Prize Winner based on the Judging Criteria stated herein from among all eligible Entries received up to the time of termination. The Sponsor assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, Entries. The Sponsor is not responsible for any problems or technical malfunctions of any telephone network or telephone lines, computer online systems, servers, or providers, computer equipment, software, failure of any email or Entry to be received by the Sponsor due to technical problems, human error or traffic congestion on the Internet or at any web site, or any combination thereof, including any injury or damage to participant's or any other person's computer relating to or resulting from participating in this Contest or downloading any materials in this Contest. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. In the event of a dispute as to the identity or eligibility of any Entry based on an email address, the Entry will be declared made by the Authorized Account Holder of the email address submitted at time of Entry. “Authorized Account Holder” of the email address is defined as the natural person who is assigned to an email address by an Internet access provider, online or wireless service provider, or other organization (e.g., business, education institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address.
GENERAL: By participating, entrant agrees on his/her behalf, and on behalf of his/her respective heirs, executors, administrators, legal representatives, successors and assigns (collectively, the "Releasing Parties") to release, indemnify, defend, and hold harmless Sponsor, the Related Entities, and any advertising and promotional agencies or entities involved in the administration or advertising of this Contest as well as the respective employees, officers, directors and agents of each ("Released Parties") from any and all actions, causes of actions, suits, or liability whatsoever for loss, harm, damage, injury, lost profits, indirect or direct damages, consequential damages, incidental damages, punitive or exemplary damages, judgments, costs or expense whatsoever (including without limitation, property damage, personal injury and/or death) which may occur in connection with (i) participation in the Contest, (ii) entrant's conduct in submitting his/her Entry, (iii) violation of these Official Rules, (iv) possession, acceptance, use or misuse of a prize or (v) Released Parties' use of any rights granted herein, and for any claims based on publicity rights, defamation or invasion of privacy or alleged breach of entrant's representations and warranties herein. The Released Parties shall not be liable for: (1) late, lost, delayed, stolen, misdirected, incomplete unreadable, inaccurate, garbled or unintelligible Entries, (2) telephone system, telephone or computer hardware, software or other technical or computer malfunctions, lost connections, disconnections, delays or transmission errors; (3) data corruption, theft, destruction, unauthorized access to or alteration of an Entry or other materials; (4) any injuries, losses or damages of any kind caused by the participation in the Contest; (5) any printing, typographical, administrative or technological errors in any materials associated with the Contest; or (6) any unauthorized use of Entries by third parties. The Sponsor disclaims any liability for damage to any computer system resulting from participating in, or accessing or downloading information in connection with the Contest. Sponsor reserves the right, in its sole discretion, to cancel, modify or suspend the Sweepstakes should a virus, bug, computer problem, unauthorized intervention or other causes which corrupt or impair the administration, security, fairness or proper play of the Contest. The Sponsor may disqualify any entrant if, in its sole discretion, it determines s/he is attempting to undermine the legitimate operation of the Contest by cheating, hacking, deception, or any other unfair playing practices of intending to annoy, abuse, threaten or harass any other entrants or the Sponsor or its representatives. The Sponsor shall not be responsible if the Contest or prize fulfillment cannot be implemented or does not take place for any reason including delays or interruptions due to acts of God, acts of war, strikes, governmental action, natural disasters, weather or acts of terrorism, including without limitation, or for any reason outside of the Sponsor's control.
NAME OF WINNER/OFFICIAL RULES: To obtain the name of the Grand Prize Winner (available after December 24, 2015), or a copy of the Official Rules, send a self-addressed, stamped #10 envelope before January 31, 2016 to: Diner En Blanc Celebrity Cruises Contest, c/o Centra360, 1400 Old Country Road, Suite 420, Westbury, NY 11590. VT residents may omit return postage. Please specify “Winners List” or “Official Rules” on the outer envelope.
ADMINISTRATOR: Centra360, 1400 Old Country Road, Suite 420, Westbury, NY 11590
Copyright © 2015, Diner En Blanc, Montreal, Quebec, CANADA. All Rights Reserved.
Celebrity Cruises Contest
Official Rules- Draft #4
July 21, 2015
DINER EN BLANC CELEBRITY CRUISES CONTEST
OFFICIAL RULES
NO PURCHASE OR PAYMENT OF ANY KIND NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING THE CONTEST.
SPONSOR: Diner en Blanc International, Inc., 3737 Cremazie Suite #500, Montreal, Quebec, CANADA H2T 2A3.
ELIGIBILITY: CONTEST ENTRANTS MUST BE LEGAL RESIDENTS OF ONE (1) OF THE FIFTY (50) UNITED STATES (EXCLUDING ALASKA) OR THE DISTRICT OF COLUMBIA AND AT LEAST 21 YEARS OLD AT TIME OF ENTRY TO BE ELIGIBLE. CONTEST VOID IN ALASKA, OUTSIDE THE UNITED STATES, AND WHERE OTHERWISE PROHIBITED BY LAW. You may enter this Contest only as a natural person. Employees of Sponsor, Celebrity Cruises and, each of their respective affiliates, agents, officers, employees, subsidiaries, vendors, advertising and promotion fulfillment and/or judging agencies (collectively, the “Related Entities”), and the immediate family members of each are not eligible to enter or win a prize in the Contest. For purposes of this paragraph, “family member” means a spouse, parent, sibling, child, son-in-law, daughter-in-law and all lineal descendants, including those by adoption. Contest subject to all applicable federal, state, and local laws and regulations.
HOW TO ENTER: The Contest begins at 6:00 PM Eastern Daylight Time ("EDT") on July 28, 2015 and ends at 11:59:59 PM EDT on December 1, 2015 (hereinafter, "Contest Entry Period"). To enter, complete the Official Online Entry Form as directed by submitting your complete name, mailing address, valid email address and telephone number and upload a photograph of yourself and friends or family around your own table featuring its design and décor at a participating 2015 Diner En Blanc Event that takes place in the United States. Residents of Maryland, New Jersey, North Dakota and Vermont may upload a photograph of himself/herself and friends or family wearing white apparel around any table featuring its design and décor in lieu of a featured table at a participating 2015 Diner En Blanc Event in the U.S. You may enter as many times as you wish, however each photograph you submit must be different. Duplicate submissions of the same photograph by one or multiple Entrants will not be accepted. Only the first Entry received will qualify. The computer of the Contest application is the official time-keeping device of this Contest. Sponsor has no obligation to use any eligible Photograph submitted. Uploaded Photographs are the views/opinions of the Entrants and do not reflect the views of Sponsor in any manner. Children and any individual appearing to be under the age of twenty-one (21) years may not be included in any photograph. By uploading a Photograph that features other individuals, you guarantee that you have permission from those featured individuals to post the photograph in connection with this Sweepstakes. By participating in the Contest, each Entrant grants permission to Sponsor or any Related Entity to use the Photograph in Sponsor's commercial material as well as at Sponsor's website or any social media platforms whether or not your Entry is selected as the Grand Prize Winning Entry. Sponsor has no obligation to use or post any Entry you submit. The use of an Entry by Sponsor or any Related Entity does not have any effect on the winner selection process.
Entries may not contain, as determined by Sponsor's sole discretion, any content that:
- Is sexually explicit or suggestive; unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group; profane or pornographic; obscene or offensive;
- Promotes the over-consumption of alcohol; or promotes illegal drugs, tobacco, firearms/weapons, or any particular political agenda or message;
- Defames, misrepresents or contains disparaging remarks about other people or companies;
- 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;
- Contains any personal identification, such as license plate numbers, personal names (other than just first name), email or street addresses;
- Contain material that violates or infringes another's rights, including, but not limited to, privacy, publicity, or intellectual property rights, including copyright infringement, or legal or moral rights of any third party, living or deceased (e.g., names, logos, symbols, slogans from other people, or parodies of other people;
- Is inappropriate, indecent, lewd, pornographic, obscene, defamatory, slanderous, libelous, disparaging, immoral, profane, or not in keeping with Sponsor's image;
- Includes any logos, brand names or trademarks other than Sponsor's, which Sponsor has granted Entrants a limited license to use for purposes of this Contest; and/or
- Communicates messages inconsistent with the positive images and/or goodwill to which Sponsor wishes to associate.
INTELLECTUAL PROPERTY RIGHTS/WARRANTY: By participating in the Contest, each Entrant grants Sponsor and the Related Entities a perpetual, worldwide, irrevocable, exclusive, assignable, transferable, unqualified, unrestricted, royalty-free license and the right to edit, modify, publish, use, reuse, distribute, publicly display, copy and otherwise exploit the Entry or any part thereof (with or without the Entrant's name and city/state), and any materials based thereon or derived from, in any manner and in any media (whether now known or later developed), for any lawful purposes whatsoever (noncommercial or commercial), including, without limitation, for use in the commercial packaging and point-of-sale materials, or for promotion, marketing or advertising of Sponsor, or any Related Entity, each of their respective brands and/or products in any medium (whether now or hereafter known) throughout the world in perpetuity without further permission, notification, consideration, or payment to the Entrant, except where prohibited by law. In addition, each Entrant forever waives in favor of Sponsor all rights of “Droit Moral” or “Moral Rights of Authors” or any similar rights or principles of law that may preclude the use of the Entry (or any part thereof) as granted herein, or require Entrant's permission to use the Entry (or any part thereof) for the purposes stated herein. By submitting an Entry, each Entrant warrants and represents that his/her Entry is original and was created solely by him/her, that the Entry does not incorporate any material owned by any third party, and that use of the Entry as described herein will not violate any law or infringe upon the rights of any third party. If, in the sole discretion of Sponsor, the Entry violates any law or infringes upon the rights of any third party, is inaccurate, incomplete or irregular in any way, or otherwise does not comply with these Official Rules or is deemed inappropriate, the Sponsor may disqualify the Entry. To the maximum extent permitted by law, Entrant indemnifies and agrees to keep indemnified the Related Entities at all times from and against any liability, claims, demands, losses, damages, costs and expenses resulting from any act, default or omission of the Entrant and/or a breach of any warranty set forth herein. To the maximum extent permitted by law, Entrant agrees to defend, indemnify and hold harmless the Related Entities from and against any and all claims, actions suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys' fees) arising out of or accruing from: (i) any Entry provided by Entrant that infringes any copyright, trademark, trade secret, trade dress, patent or other intellectual property right of any person or defames any person or violates their rights of publicity or privacy; (ii) any misrepresentation made by Entrant in connection with the Contest; (iii) acceptance, possession, misuse or use of any prize or participation in any Contest-related activity or participation in the Contest; (iv) any non-compliance by Entrant with these Official Rules; (v) claims brought by persons or entities other than the parties to these Official Rules arising from or related to Entrant's involvement with the Contest; (vi) any malfunction or other problem with the Contest site in relation to the Entry and participation in the Contest by Entrant; or (vii) any typographical or other error in the printing, offering or announcement of any prize or winners in relation to the Entry and participation in the Contest by Entrant.
All Entries become the property of the Sponsor upon submission and will not be acknowledged or returned and the Sponsor has the right to dispose of the Entries at Sponsor's discretion. By submitting an Entry, each Entrant agrees to abide by the terms of these Official Rules, the Sponsor's Privacy Policy available at https://www.dinerenblan.com/info.
Entries posted are the views/opinions of the individual Entrant and do not reflect the views of Sponsor or any Related Entity in any manner.
DIGITAL MILLENNIUM COPYRIGHT ACT: Once an Entry is submitted for the Contest, such Entry will be deemed made at the direction of the Entrant within the meaning of the Digital Millennium Copyright Act and the Communications Decency Act. EACH ENTRANT REPRESENTS, UNDERSTANDS AND ACKNOWLEDGES THAT HE/SHE WILL NOT BE PAID FOR OR RECEIVE ANY FORM OF COMPENSATION OR ROYALTY (OTHER THAN THE PRIZE STATED HEREIN IF SELECTED AS A PRIZE WINNER) IN EXCHANGE FOR GRANTING SPONSOR OR THE RELATED ENTITIES THE RIGHTS SET FORTH HEREUNDER OR FOR ANY SUBSEQUENT USE OF SUCH SUBMISSION BY SPONSOR OR THE RELATED ENTITIES. If requested, Entrant will sign any documentation that may be required for Sponsor or its designees to make use of the Entry as set forth herein.
JUDGING CRITERIA/GRAND PRIZE WINNER SELECTION: One (1) potential Grand Prize Winner will be selected from among all eligible Entries received based on the following criteria: (i) Originality and Creativity of the Photograph (0-45 points); (ii) Interest and Appeal to the Diner En Blanc Theme (0-45 points); and (iii) Quality of the Photograph (0-10 points) (i, ii and iii, collectively, “Judging Criteria”). All Entries will be judged by a panel of judges to be designated by Sponsor whose decisions are final and binding on all matters relating to this Contest. In the event of a tie, the tied entrants will be re-judged by an additional judge who will serve as a tie-breaker using the same Judging Criteria as outlined above. In the event the same Photograph is submitted by more than one (1) entrant, only the first Entry received will qualify. In the event there are not enough qualified entries received in Sponsor's sole discretion, Sponsor reserves the right not to select a Grand Prize Winner.
ONE (1) GRAND PRIZE: One (1) Winner will receive one (1) up- to-twelve (12) nights' European cruise for winner and one (1) Guest onboard a Celebrity Cruises' ship consisting of a double occupancy standard veranda category stateroom, two hundred and fifty dollars ($250) onboard credit, and round trip economy class air transportation between major commercial airport nearest winner's residence and major commercial airport in the designated cities nearest the ports of departure and return and up to two (2) nights hotel accommodations at a property designated by Celebrity Cruises, if required. The approximate retail value (“ARV”) of the Grand Prize will not exceed $14,000. In the event the Grand Prize Winner resides in Hawaii, Grand Prize Winner will be solely responsible for any and all air transportation between winner's residence and Los Angeles, California and lodging (if any) prior to departing on air transportation to Europe or returning on air transportation from Europe. Grand Prize Winner will be solely responsible for all federal, state, local or other government or quasi-government taxes and fees on prize, as well as any and all expenses that may be associated with the acceptance and use of prize. Grand Prize Winner is responsible for any and all expenses and incidental travel costs not expressly stated as part of the prize, including but not limited to ground transportation between winner's residence and airport of departure and return, alcoholic beverages, in-stateroom charges (e.g., mini-bar, room service, telephone, internet, movies), onboard photographs, specialty dining, certain entertainment and shore excursions, onboard or offshore medical services, service fees, gratuities, travel upgrades, baggage fees, and personal incidentals. Grand Prize Winner will be required to provide a valid major credit or debit card upon cruise check-in and all in-room charges including but not limited to those defined above will be charged to the Grand Prize Winner's major valid credit or debit card provided. Sponsor is not responsible for any fees or additional charges resulting from the Grand Prize Winner's change(s) to itinerary or accommodations. Grand Prize Winner is solely responsible for obtaining all necessary travel documents including but not limited to a valid U.S. Government issued Identification, a valid U.S. Passport and/or valid Visa prior to travel and the associated costs for these requirements. Sponsor is not responsible for flight postponement or cancellation. Winner and guest must travel at the same time on the same itinerary. Grand Prize will be issued in the form of a cruise certificate. Cruise must be taken within one year from date the Cruise Certificate is issued or winner forfeits the prize. Other material restrictions may apply. Cruise prize redemption is based on stateroom availability at time of booking and excludes blackout dates. Winners are encouraged to submit three preferred sailing dates/itineraries for Cruise prize redemption, and Celebrity will try to accommodate in order of preference and based on availability. Cruise provided subject to the terms and conditions in Celebrity's Cruise Ticket Contract, Complimentary Cruise Certificate, and applicable brochure. Such terms and conditions of use that are listed on these documents include, but are not limited to: cruise certificate expiration, minimum number of days that the cruise must be booked prior to sail date, specified stateroom category and upgrade restrictions. No guest under twenty-one (21) years of age will be booked in a stateroom unless accompanied by a person who is twenty-one (21) years or older. A parent or legal guardian must accompany all guests under the age of eighteen (18). Married couples who do not meet these age restrictions may, at Celebrity's discretion, be permitted to sail. Grand Prize Winner and guest must sign Celebrity's Cruise Ticket Contract prior to being allowed to board the cruise. Sponsor and the Related Entities shall not be responsible for any cancellations, delays, diversions or substitution or any act or omissions whatsoever by any cruise vessel, or other transportation company or any other person providing any of these services and accommodations. Sponsor and the Related Entities shall not be liable for any loss or damage to baggage. If Grand Prize Winner becomes disabled or cannot otherwise fully enjoy the prize due to illness, Sponsor shall have the option at its sole discretion of being relieved of liability for fulfillment of the Grand Prize and no other compensation in lieu of the Grand Prize will be awarded. Grand Prize Winner is responsible for obtaining his/her own medical, travel, and life insurance and any associated costs. Grand Prize Winner will be required to supply Sponsor with his/her social security number for tax purposes. Grand Prize Winner will receive an IRS Form 1099MISC for the ARV of the Grand Prize. The ARV of a Grand Prize may vary based on itinerary and availability of cruise at time of booking and travel. No substitution, assignment, redemption for cash, or transfer of any prize permitted. If the advertised prize cannot be awarded due to circumstances beyond Sponsor's reasonable control, a substitute prize of equal or greater value may be awarded in Sponsor's sole discretion. All travel is subject to any and all restrictions instituted by the Federal Aviation Administration, the Department of Defense and/or the Department of Homeland Security, as required. The value of the Grand Prize set forth above represents Sponsor's good faith determination of the approximate retail value thereof, and the actual fair market value, as ultimately determined by Sponsor, is final and binding and cannot be challenged or appealed. In the event the stated approximate retail value of a prize is more than the actual fair market value of that prize, the difference will not be awarded in cash or otherwise.
WINNER NOTIFICATION/PRIZE RELEASE: One (1) potential Grand Prize Winner will be required to complete and return to Contest Administrator an Affidavit of Eligibility and Liability and (where permitted) a Publicity Release within five (5) business days of notification. Potential Grand Prize Winner may be disqualified under any the following circumstances; i) if he/she cannot be reached by the Contest Administrator within the specified time period; ii) if the prize notification or e-mail correspondence is returned as undeliverable; iii) if he/she is found to be ineligible; and/or iv) if he/she cannot or does not comply with these Official Rules. In the event the potential Grand Prize Winner is disqualified for any reason, Sponsor will award that Prize to the next highest scoring entrant.
PUBLICITY: Except where prohibited, participation in the Contest constitutes Grand Prize Winner's consent to Sponsor's and its agents' use of winner's name, likeness, photograph, voice, opinions and/or hometown, state, submitted for promotional purposes in any media now known or hereinafter developed, worldwide, without further payment or consideration.
OWNERSHIP & LICENSE: Providing Content grants Sponsor and its agents the right to publish, use, adapt, edit and/or modify such Content in any way, in any and all media, without limitation, and without consideration to the entrant. Sponsor reserves the right to alter, change or modify the winning Content, in its sole discretion. By accepting the Grand Prize, winner agrees that his or her Content will be deemed a Work Made For Hire under the Copyright laws of the United States, but if it cannot be so deemed, then the winner irrevocably assigns and transfers to Sponsor all of his/her right, title and interest in and to his/her Content, including all but not limited to all copyright and trademark rights which he or she may have, in the United States and worldwide, therein, for consideration, the receipt and sufficiency of which is hereby acknowledged. Upon request of Sponsor, winner shall execute and deliver such additional instrument of assignment, as may be solely deemed by Sponsor, reasonably necessary to establish the ownership of record of the right, title and interest in and to the Content and of the copyrights transferred and “Moral Rights of Authors” waived under these Official Rules. Should Sponsor fail to request the said assignment as stated, that shall not be deemed a waiver of Sponsor's rights and Sponsor may at a later time request the assignment.
INTERNET: If for any reason this Contest is not capable of running as planned due to an infection by a computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of the Sponsor, which corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Contest, the Sponsor reserves the right in its sole discretion, to disqualify any individual who tampers with the Entry process, and to cancel, terminate, modify or suspend the Contest. If the Contest is terminated early, Sponsor reserves the right to select the Grand Prize Winner based on the Judging Criteria stated herein from among all eligible Entries received up to the time of termination. The Sponsor assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, Entries. The Sponsor is not responsible for any problems or technical malfunctions of any telephone network or telephone lines, computer online systems, servers, or providers, computer equipment, software, failure of any email or Entry to be received by the Sponsor due to technical problems, human error or traffic congestion on the Internet or at any web site, or any combination thereof, including any injury or damage to participant's or any other person's computer relating to or resulting from participating in this Contest or downloading any materials in this Contest. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. In the event of a dispute as to the identity or eligibility of any Entry based on an email address, the Entry will be declared made by the Authorized Account Holder of the email address submitted at time of Entry. “Authorized Account Holder” of the email address is defined as the natural person who is assigned to an email address by an Internet access provider, online or wireless service provider, or other organization (e.g., business, education institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address.
GENERAL: By participating, entrant agrees on his/her behalf, and on behalf of his/her respective heirs, executors, administrators, legal representatives, successors and assigns (collectively, the "Releasing Parties") to release, indemnify, defend, and hold harmless Sponsor, the Related Entities, and any advertising and promotional agencies or entities involved in the administration or advertising of this Contest as well as the respective employees, officers, directors and agents of each ("Released Parties") from any and all actions, causes of actions, suits, or liability whatsoever for loss, harm, damage, injury, lost profits, indirect or direct damages, consequential damages, incidental damages, punitive or exemplary damages, judgments, costs or expense whatsoever (including without limitation, property damage, personal injury and/or death) which may occur in connection with (i) participation in the Contest, (ii) entrant's conduct in submitting his/her Entry, (iii) violation of these Official Rules, (iv) possession, acceptance, use or misuse of a prize or (v) Released Parties' use of any rights granted herein, and for any claims based on publicity rights, defamation or invasion of privacy or alleged breach of entrant's representations and warranties herein. The Released Parties shall not be liable for: (1) late, lost, delayed, stolen, misdirected, incomplete unreadable, inaccurate, garbled or unintelligible Entries, (2) telephone system, telephone or computer hardware, software or other technical or computer malfunctions, lost connections, disconnections, delays or transmission errors; (3) data corruption, theft, destruction, unauthorized access to or alteration of an Entry or other materials; (4) any injuries, losses or damages of any kind caused by the participation in the Contest; (5) any printing, typographical, administrative or technological errors in any materials associated with the Contest; or (6) any unauthorized use of Entries by third parties. The Sponsor disclaims any liability for damage to any computer system resulting from participating in, or accessing or downloading information in connection with the Contest. Sponsor reserves the right, in its sole discretion, to cancel, modify or suspend the Sweepstakes should a virus, bug, computer problem, unauthorized intervention or other causes which corrupt or impair the administration, security, fairness or proper play of the Contest. The Sponsor may disqualify any entrant if, in its sole discretion, it determines s/he is attempting to undermine the legitimate operation of the Contest by cheating, hacking, deception, or any other unfair playing practices of intending to annoy, abuse, threaten or harass any other entrants or the Sponsor or its representatives. The Sponsor shall not be responsible if the Contest or prize fulfillment cannot be implemented or does not take place for any reason including delays or interruptions due to acts of God, acts of war, strikes, governmental action, natural disasters, weather or acts of terrorism, including without limitation, or for any reason outside of the Sponsor's control.
NAME OF WINNER/OFFICIAL RULES: To obtain the name of the Grand Prize Winner (available after December 24, 2015), or a copy of the Official Rules, send a self-addressed, stamped #10 envelope before January 31, 2016 to: Diner En Blanc Celebrity Cruises Contest, c/o Centra360, 1400 Old Country Road, Suite 420, Westbury, NY 11590. VT residents may omit return postage. Please specify “Winners List” or “Official Rules” on the outer envelope.
ADMINISTRATOR: Centra360, 1400 Old Country Road, Suite 420, Westbury, NY 11590
Copyright © 2015, Diner En Blanc, Montreal, Quebec, CANADA. All Rights Reserved.