The WebMD Community November 2010 Profile Photo Upload Sweepstakes
U.S. ONLY. VOID IN PUERTO RICO AND WHERE PROHIBITED. NO PURCHASE NECESSARY. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
1. Eligibility: "The WebMD Community November 2010 Profile Photo Upload Sweepstakes," (AKA the "Promotion"), is open only to registered WebMD users who are legal residents of the fifty (50) United States (and the District of Columbia) and who are at least eighteen (18) years of age. Employees of WebMD, LLC and Medscape, LLC and their related companies, agents, subcontractors and suppliers, as well as the immediate family (spouse, parents, siblings, and children) and household members of each such employee are not eligible.
2. Sponsor: WebMD, LLC. 111 Eighth Avenue, Suite 700 New York, NY 10011.
Administrator: Pacific Sports Marketing, PO Box 471928, San Francisco, CA 94147-1928.
3. Agreement to Official Rules: By participating in "The WebMD Community November 2010 Profile Photo Upload Sweepstakes," each entrant fully and unconditionally agrees to and accepts these Official Rules and the decisions of Sponsor, which are final and binding.
4. Timing: The Promotion begins at 12:01 a.m. Eastern Time ("ET"), November 1, 2010 and ends at 11:59 p.m. ET, November 30, 2010 (the "Promotion Period").
5. How to Enter: are two ways to enter for a chance to win:
1.) Automatically: Individuals will automatically receive one Sweepstakes entry when they successfully upload a photo to their user profile between Monday November 1, 2010 at 12:01 a.m ET and and Tuesday November 30, 2010 at 11:59 p.m. ET at the Sponsor's website via clicking on ad banners or related links to the Promotion placed by the Sponsor, or in response to a Sponsor email, or other Sponsor communication that relates to the Promotion. The submitted photo must be in jpg, jpeg, gif or png format and no more than 4MB in size. There is no element of consideration that relates to the submitted photo with respect to the promotion other than it adhering to these official rules and regulations as well as other applicable Terms and Conditions of the Sponsor.
2.) By Mail: individuals can enter via the mail by sending a 3" x 5" card with the individual's name, address, daytime and evening telephone numbers (and email address, if available) postmarked by November 30, 2010, to be received no later than December 10, 2010, to: "The WebMD Community November 2010 Profile Photo Upload Sweepstakes" c/o Pacific Sports Marketing PO Box 471928 San Francisco, CA 94147. Only one handwritten entry per household.
LIMIT: Registered users can change their member profile photo as often as they wish but there is only one (1) entry per member profile during the Promotion Period.
In the event of a dispute as to any online entry, the authorized account holder of the e-mail address used to enter will be deemed to be the entrant. The "authorized account holder" is the natural person assigned an e-mail address by an Internet access provider, online service provider or other organization responsible for assigning e-mail addresses for the domain associated with the submitted address. Potential winners may be required to show proof of being the authorized account holder.
All entries become the exclusive property of Sponsor. Use of any automated system to submit entries is prohibited and will result in disqualification. All entries, for the purposes of prize awards, will be ineligible once the Promotion Period for which their entry is valid, concludes.
EMAIL CHANGE OF ADDRESS POLICY: Sponsor is not responsible if Entrant's email address changes over any part of the Promotion Period. Entrant must update the email address field in the WebMD registration (profile) database to be considered a valid entry.
6. Prizes: There are two (2) First Prizes of one thousand dollars ($1,000). All prizes will take the form of a Money Order or a Cashier's Check in US currency and will be mailed within four to six (4-6) weeks upon confirmation of an eligible winner's validity via a registered mail service.
No substitution, assignment or transfer of any prize is permitted, except by Sponsor, who reserves the right to substitute any prize with another prize of greater or equal value. Odds of winning depend on the number of eligible entries received. Total value of all prizes is two thousand dollars ($2,000).
7. Drawing: One (1) random drawing of two (2) potential First Prize Winners will be conducted from amongst all eligible entries on or about December 15, 2010. The drawing will be conducted on Sponsor's behalf by Pacific Sports Marketing, an independent judging organization whose decisions as to the administration of the Promotion and the selection of potential winners are final.
8. Winners: All potential First Prize Winners will be notified of proper collection/redemption procedures associated with their prize by Pacific Sports Marketing using the contact information provided at the time of entry (the "Prize Notification") and all potential First Prize Winners are subject to verification by Sponsor or Administrator. Once the potential First Prize Winner receives the Prize Notification, he/she will need to provide his/her physical mailing address in order to complete the verification and claiming process relating to the prize.
At the sole discretion of the Sponsor, disqualification, forfeiture and the selection of an alternate First Prize Winner may result from any of the following:  potential First Prize Winner’s failure to respond to the Prize Notification within fourteen (14) calendar days after its mailing/transmission;  the return of an email notification as undeliverable after three (3) attempts;  the return of any other notice of the First Prize as undeliverable;  potential First Prize Winner’s failure to provide Sponsor with satisfactory proof of age, identity and residency;  potential First Prize Winner’s failure to execute and return an Affidavit of Eligibility/Liability/Publicity Release within fourteen (14) days after its request;  potential First Prize Winner’s failure to complete the W-9 Reporting Form for tax reporting purposes within fourteen (14) days of its mailing/transmission and  any other non-compliance with the Official Rules. In the event of a First Prize forfeiture, the Sponsor may, in its sole discretion, award or not award the forfeited First Prize to an alternate winner. All taxes are solely the responsibility of the winner.
ALL FEDERAL, STATE AND LOCAL TAXES ASSOCIATED WITH THE RECEIPT OR USE OF ANY PRIZE ARE THE SOLE RESPONSIBILITY OF THE WINNERS.
LIMIT: An individual can win only one (1) Prize for any WebMD Photo Upload Sweepstakes that pertains to their member profile photo conducted per calendar year.
9. Publicity: Except where prohibited, participation in the Promotion constitutes recipients consent to Sponsor's use of winner's name, likeness, voice, opinions, biographical information, hometown and state for promotional purposes in any media without further payment or consideration.
10. General Conditions: Sponsor reserves the right to cancel or modify the Promotion if fraud, technical failures or any other factor beyond Sponsor's reasonable control impairs the integrity of the Promotion, as determined by Sponsor in its sole discretion. In such event, Sponsor reserves the right to award the prizes at random from among the eligible entries received up to the time of the impairment. 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 in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately damage any web site or undermine the legitimate operation of the Promotion is 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.
By entering into this promotion, individuals warrant that they are the sole owner of all right, title and interest, including copyright and moral rights with respect to the submitted photo and other content. Further, that the submitted photo/content does not infringe any intellectual property rights of any person or entity, including the photographer who took the submitted photo and that the photo does not in any way violate any law. Further, individuals grant to sponsor that their employees, agents, assigns and licensees an exclusive, perpetual and irrevocable royalty free right to use, reproduce, communicate, edit, adapt, copy, distribute, sublicense and otherwise use all or any part of the submitted photo/content or likeness in all forms and in all media and in all manner, without compensation and without any restrictions or notice as to changes or alterations for any advertising, promotion, publicity or any other lawful purposes, including but not limited to use of the Sponsor’s website. Individuals also waive any claims based on any usage of the submitted photo/content and release Sponsor from any and all liability related to publication and distribution of the submitted items, including publication on the Internet. Individuals also acknowledge that Sponsor is relying upon your consent to and compliance with these rules and regulations and that Sponsor is not liable or responsible for any content submitted by individuals participating in the promotion.
11. Release: By entering this Promotion, entrant agrees to release and hold harmless Sponsor and Administrator and each of their related companies, and each of their respective officers, directors, employees, and agents from and against any claim or cause of action arising directly or indirectly, in whole or in part, out of participation in the Promotion or receipt or use of any prize.
12. Limitations of Liability: Sponsor is not responsible for: (i) technical failures of any kind, including but not limited to the malfunctioning of any computer, cable, network, hardware or software; (ii) the unavailability or inaccessibility of any transmissions or telephone or Internet service; (iii) unauthorized human intervention in any part of the entry process or the Promotion, including without limitation inaccurate transcription of entry information; (iv) electronic or human error which may occur in the administration of the Promotion or the processing of entries; or (v) any injury or damage to persons or property, including but not limited to entrant's computer, hardware or software, which may be caused, directly or indirectly, in whole or in part, from entrant's participation in the Promotion or accessing or downloading information or materials connected with this Promotion.
13. Dispute Resolution: Entrant agrees that: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of participant(s) and Sponsor and Promoter and their agencies, shall be governed by and construed exclusively in accordance with the laws of the State of New York, USA without giving effect to any choice of law or conflict of law rules which would cause the application of the laws of any jurisdiction other than the state of New York. Entrant agrees that any action at law or in equity arising out of or relating to this Promotion, or awarding of the prizes, shall be filed only in the state or federal courts located in the County of New York in the State of New York and Entrant hereby consents and submits to the personal jurisdiction of such courts for the purposes of litigating any such action. Except where prohibited, by participating in this Promotion, Entrant agrees that: (a) any and all disputes, claims, and causes of action arising out of or connected with this Promotion, or awarding of the prizes, shall be resolved individually, without resort to any form of class action; and (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in this Promotion but in no event attorneys' fees; and (c) under no circumstances will any participant be permitted to obtain awards for and 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.
15. Awards List: Promotion results may be obtained by sending a self-addressed, stamped envelope to "The WebMD Community November 2010 Profile Photo Upload Sweepstakes" Attention: Awards List, c/o Pacific Sports Marketing, PO Box 471928, San Francisco, CA 94147-1928, U.S.A. Requests must be received on or before January 31, 2011. Vermont residents may omit return postage.
16. Removal from Sweepstakes Consideration: Entrants who wish to remove their name from consideration may do so by entering the email address used for participation in the field below and clicking <Submit>. A confirmation message of the entrant’s removal from the Sweepstakes will render immediately upon submission. Once an entrant has removed their name from consideration it cannot be resubmitted via a second entry, either automatically by uploading a new photo or by mail.