DEB GIRL MODEL SEARCH 2009 CONTEST OFFICIAL RULES
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. VOID WHERE PROHIBITED. A purchase or payment will not improve your chances of winning. The "Deb Girl Model Search 2009" (the "Contest") starts at 12:01 a.m. Eastern Time ("ET") on July 29, 2009 and ends at 11:59 pm ET on September 30, 2009 (the "Promotion Period"). Eastern Time shall control for all purposes of this Contest. The Contest is governed by these Official Rules, and is subject to all applicable U.S. federal, state and local laws, and provincial or territorial laws, and is void wherever prohibited by law.
1. ELIGIBILITY: The Contest is open only to legal residents of the 48 United States and District of Columbia, EXCLUDING RESIDENTS OF ARIZONA, RHODE ISLAND, GUAM, PUERTO RICO AND ALL OTHER U.S. TERRITORIES AND POSSESSIONS, AND ALL OTHER COUNTRIES, TERRITORIES OR POSSESSIONS, who are between the ages of 13 and 25 at the time of entry. Any individuals who have, within one year prior to the start date of the Contest, performed services for Sponsor, or its parents, subsidiaries, affiliates and successor companies or any organizations responsible for fulfilling, administering, advertising or promoting the Contest or supplying any prize, and the immediate family and household members of such individuals, are not eligible to enter the Contest or win the prize. Anyone under the age of 18 at the time of entry must submit a release, as instructed on the Web Site, defined below, by his/her aren't or legal guardian in order to be eligible to enter ("Release"). "Immediate family members" shall mean parents, step-parents, children, step-children, siblings, step-siblings, or spouses, regardless of where they live. "Household members" shall mean people who share the same residence at least three months a year, whether related or not. Mechanically altered or reproduced Entries are not eligible. In order to enter the Contest or receive the prize, you must fully comply with the Official Rules, and by entering you agree to be bound by these Official Rules and the decisions of Sponsor, whose decisions shall be binding and final in all respects, and you certify that you are eligible to enter.
2. HOW TO ENTER: To enter, visit debmodelsearch.com (the "Web Site") during the Promotion Period and completely fill out all the required fields on the entry form, including first and last name, complete home mailing address (no P.O. Boxes), daytime telephone number (including area code), date of birth and e-mail address, and include a photograph of yourself ("Photo" or "Photos") and responses to the Contest Questions ("Responses") (the "Entry Material"). Entrant must provide a head-to-toe photo of themselves in which they are the only person in the frame so that the photo clearly depict the entrant's entire face and fully clothed body; any photo submitted as part of the Entry that does not fully and completely cover the genitalia, buttocks, and breasts shall not be accepted Additionally, photo should only depict the entrant and not anyone else, and if the entrant is a minor the photo should be taken only by the minor or minor's parent/legal guardian. In addition, if you are under 18 at the time of entry a Release must be submitted to the Web Site or Deb Shops, Inc. Home office via fax number by your parent or legal guardian. Then submit your entry form and the Entry Material to the Web Site and or Deb Shops, Inc. Home office via fax number (the "Entry" or "Entries"). ALL ENTRIES MUST BE RECEIVED BY 11:59 p.m. ET, August 29, 2009. Limit one (1) Entry per person throughout the Promotion Period. Entries by the same person in excess of the limits stated herein will be disqualified. Entries submitted to the Web Site will be deemed to have been submitted by the authorized account holder of the e-mail address submitted at the time of the entry. "Authorized account holder" is defined as the natural person who is assigned to an e-mail address by an Internet access provider, online service provider or organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. All Entry Material/Entries you submit must be original to entrant alone, not copied or plagiarized, and not created in collaboration with anyone, and cannot have been submitted to or published by any other publication, and you must own all copyrights in the Entry Material/Entry, have full rights and authority to grant Sponsor the rights, title, interests and copyrights to use the Entry Material/Entry, as provided in the Official Rules, and have acquired any necessary releases with respect to the Entry Material/Entry. Furthermore, Entry Material/Entry cannot contain the image or likeness of or reference in any identifiable way (for example, by first and last name, or by any part of a name that is identifiable) any person other than the entrant, including, but not limited to, any depictions of celebrities, unless a signed release from such person(s) is submitted to Sponsor along with the Entry Material/Entry. Entry Material/Entry cannot describe, in any identifiable way, any copyrights, trademarks/tradenames, logos, or similar brand identifying marks, third party artistic works, or describe, depict or contain any illegal, dangerous or unsafe activity, or be otherwise obscene or inappropriate, or drinking of any alcoholic beverages.
3. JUDGING CRITERIA; WINNER SELECTION: Between August 30, 2009 and September 12, 2009 Sponsor will publically post at the Web Site the Entries (entrant's first name, last initial, user name, city and state of residence, and Photos and Responses submitted to the Web Site ("Phase I Public Judging Period"). During the Phase I Public Judging Period, visitors of the Web Site can vote for their favorite Entries based on the judging criteria described below. One vote per person, per email address, per day. Entries will then participate in a further review of the Entries by Deb Shop and by guest celebrity judge Jay McCarroll on or September 13, 2009 during which time the top ten (10) Entries will be selected based on the Entry that receives the highest score, tallied based on one-third of the vote by Deb Shop, one-third of the vote by Jay McCarroll, and one-third of the vote by the public ("Top Ten Entries"). Thereafter, between September 14, 2009 and September 18, 2009, Sponsor will publically post at the We Site the Top Ten Entries (entrant's first name, city and state of residence, and Photos and Responses(entrant's first name, city and state of residence, and Photos and Responses ("Phase II Public Judging Period"). During Phase II Public Judging Period, visitors of the Web Site can vote for their favorite Top Ten Entries based on the judging criteria described above. Then, the Top Ten Entries will participate in a final review of the Entries by Deb Shop and Jay McCarroll on or about October 2, 2009 based upon the above judging criteria, during which time the winner of the Contest will be selected based on the Entry among the Top Ten Entries that receives the highest score, tallied based on one-third of the vote by Deb Shop, one-third of the vote by Jay McCarroll, and one-third of the vote by the public
4. WINNER NOTIFICATION: The potential winner will be notified by e-mail and postal mail, using the information provided on his/her Entry, on or about October 5, 2009 Sponsor will then send to potential winner e-mail-at the email address on his/her Entry, an Affidavit of Eligibility, Release of Liability, Publicity Release, unless prohibited by law, and any other documentation that Sponsor requires (the "Affidavit"). In order to redeem his/her prize, potential winner(s) shall sign, have notarized, and return to Sponsor the Affidavit within fourteen (14) days from the date Sponsor sent the Affidavit. Any guest (his/her parent/legal guardian if a resident of a jurisdiction that deems him/her to be a minor) shall sign, have notarized and return to Sponsor a Liability Release, Publicity Release, unless prohibited by law, and any other documentation that Sponsor requires within fourteen (14) days after receipt by the potential winner(s). In the event: (a) potential winner(s) cannot be reached for whatever reason after a reasonable effort has been exerted based on the information stated in the Entry, (b) of noncompliance with the above or within any of the aforesaid time periods, (c) potential winner is found to be ineligible to enter the Contest or receive the prize, (d) potential winner cannot or does not comply with the Official Rules, (e) potential winner's prize notification or Affidavit is returned as undeliverable for whatever reason, or (f) potential winner fails to fulfill the Affidavit-related obligations, the potential winner shall be disqualified from the Contest and an alternate potential winner may be selected, at Sponsor's sole discretion, from among the other eligible entries received. Winner selection is under the supervision of Sponsor, whose decisions are final and binding in all respects. If entrant's e-mail address, telephone number, or home mailing address changes after he/she enters the Contest, it is the entrant's sole responsibility to notify Sponsor by postal mailing notice to the address stated below to be received before the end of the Promotion Period.
5. PRIZES: The approximate retail value (the "ARV") of the prize is $4000 and Roundtrip Airfare for two to Hotel Accommodations for two for 3 nights, Meals & Spending $ while in Philly, Deb Gift Card ($500) Makeover for Prom Shoot, Prom Shoot for Seventeen Magazine, Headshots (on disc) from photographer Digital Camera , Seventeen magazine subscription ($20) There is a total of one (1) prize to be awarded to one (1) winner. Actual value of trip depends on dates of travel and winner's residency and departure city. Winner will not be refunded the difference between the actual value of the trip and the ARV. Only electronic airline tickets will be issued, if available. Winner's travel guest must be the age of majority in his or her state of residency or winner must be guest's-parent or legal guardian. Parent or legal guardian must accompany a traveling minor at all times. Winner and travel companion will be required to travel together to and from the same point of origin. Prior to travel, winner and travel companion may be responsible for obtaining the proper travel documentation (e.g., passports). Winner and travel companion hereby release Sponsor from any duty to provide, check or verify any and all necessary passports, visas and tourist cards, birth certificates, vaccination certificates and any other travel or entry requirements ("Personal Documents"). Sponsor shall not have any responsibility for the replacement of lost or stolen Personal Documents or tickets, coupons, vouchers, receipts or other documents pertaining to the prize ("Travel Documents") once the Travel Documents have been provided to winner and travel companion. Certain reasonable travel restrictions such as holiday "black-out" dates or periods may apply. Dates of travel are subject to change at Sponsor's sole discretion." All other expenses not specifically listed herein are solely the winner's responsibility including, but not limited to, sales taxes, gratuities, meals, ground transportation to/from winner's residence to/from airport, and all incidental expenses. Prize subject to any and all applicable terms and conditions. Any depictions of prizes are for illustrative purposes only. All federal, state and local taxes on the prize are the sole responsibility of the winner. Winner will be sent an IRS Federal 1099-MISC tax form for the retail value of any prize at or above $600. No transfer, refund, substitution, or replacement of prizes permitted, except that Sponsor reserves the right, in its sole discretion, to substitute a prize of equal or greater value (or cash equivalent). ARV of all prizes is in U.S. dollars. All prizes will be awarded within 1 year of receipt of valid and executed winners' affidavit or prize confirmation. Any portion of the prize not accepted or unclaimed and/or unused by the winner will be forfeited and will not be substituted.
6. PUBLICITY RELEASE; USE OF PERSONAL INFORMATION: Except where prohibited or restricted by law, winner's acceptance of prize constitutes the winner's agreement and consent for Sponsor to use and/or publish winner's full name, city and state of residence, Entry and Entry Materials, photographs or other likenesses, pictures, portraits, voice, testimonials, biographical information (in whole or in part), and/or statements made by winner regarding the Contest or Sponsor, worldwide and in perpetuity for any and all purposes, including, but not limited to, advertising, trade and/or promotion on behalf of Sponsor, in any and all forms of media, now known or hereafter devised, including, but not limited to, on the Web Site, in print, including an issue of Seventeen magazine, TV, radio, cable, electronic or World Wide Web, without further limitation, restriction, compensation, notice, review, or approval. By entering, entrants agree and consent to allow Sponsor to use and/or publish his/her full name, city and state of residence, Entry and Entries Materials, photographs or other likenesses, pictures, portraits, voice, testimonials, and biographical information (in whole or in part), worldwide and in perpetuity for any and all purposes, including, but not limited to, advertising, trade and/or promotion on behalf of Sponsor, in any and all forms of media, now known or hereafter devised, including, but not limited to, use on the Web Site, print, TV, radio, cable, electronic or World Wide Web, without further limitation, restriction, compensation, notice, review, or approval to the extent permitted by law. In addition, winner and entrants will agree to transfer all rights, title, interests, and copyrights, and to waive any and all moral rights, in the Entries and Entry Material to Sponsor, and will execute any such documents as may be necessary to effectuate such a transfer or rights and waiver of moral rights, without further compensation. Also by entering the Contest, entrants will be sharing their personal information with Sponsor. Personal information collected by Sponsor will be used for administration of the Contest and awarding the prize. Furthermore, by entering, entrants agree to Sponsor's use of entrant's personal information as described in its