Military Money's Ultimate Welcome Home
Complete Official Rules
NO PURCHASE NECESSARY.
THIS CONTEST IS VOID IN THE STATES OF FLORIDA, NEW YORK AND RHODE ISLAND AND WHERE PROHIBITED.
THIS CONTEST IS OFFERED ONLY IN 47 STATES OF THE UNITED STATES AND THE DISTRICT OF COLUMBIA AND IS INTENDED FOR PARTICIPATION IN THOSE AREAS ONLY. PLEASE DO NOT PROCEED IF YOU ARE NOT A CURRENT RESIDENT OF ONE OF THOSE AREAS.
RESIDENTS OF FLORIDA, NEW YORK AND RHODE ISLAND ARE NOT ELIGIBLE TO PARTICIPATE.
DESCRIPTION OF THE CONTEST. The "Ultimate Welcome Home" contest ("Contest") is sponsored by InCharge Education Foundation, Inc. ("InCharge"). The Contest provides participants (each an "Entrant" and collectively "Entrants") with the opportunity to write an original story about why an active duty service member in any branch of the U.S. armed forces (e.g., Air Force, Army, Navy or Marine Corps) stationed in a country other than the United States deserves the ultimate welcome home prize package ("Service Member"). By participating in the Contest, each Entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of InCharge, which shall be final and binding in all respects. This Contest is subject to all federal, state and local laws and regulations.
HOW TO ENTER. All Entrants must complete an Entry (as hereinafter defined) and InCharge must receive the Entry between the period commencing at 12:01 A.M. Eastern Standard Time March 6, 2006 and ending at 11:59 P.M. Eastern Standard Time on September 30, 2006 (the "Submission Period"). Late Entries will not be considered. Limit one Entry per person. Entries may be submitted online by completing and submitting the Ultimate Welcome Home entry form at www.militarymoney.com (the "Website"), or may be mailed to: Editor, Military Money, 2101 Park Center Drive, Suite 310, Orlando, Florida, 32835. A complete Entry shall include:
- Name of Entrant
- Age of Entrant
- Mailing Address of Entrant
- Telephone number
- Email Address
- Your true story of no more than 1,000 words about a Service Member who may be yourself or another individual that is written in the English language and is an original, previously unpublished story of the life and hardships of either a person waiting for a Service Member to return home or a Service Member waiting to return home ("Essay").
Incomplete Entries are void. All Entries shall become the property of InCharge. Entries may not be acknowledged nor returned. InCharge assumes no responsibility for lost, late, misdirected, or illegible Entries. You are strongly encouraged to submit photographs and drawings with your Entry. No substitutions of Entries (including, but not limited to, new drafts or corrected pages for Essays) will be accepted under any circumstances once an Entry is submitted for consideration to InCharge. Essays that are obscene, pornographic, libelous or otherwise objectionable will not be accepted. Any Essay that, in InCharge's sole discretion, violates the above criteria will be disqualified.
WHO MAY ENTER. The Contest is open only to those legal residents of the United States who are at least 18 years old at the time of his or her Entry. The Contest is void where restricted or prohibited by law. Employees, officers and directors of InCharge, and its parent, affiliates and subsidiaries, and their advertising agencies, licensees, service providers, prize suppliers, those involved in the production, development, implementation or handling of this Contest, any agents acting on for, or on behalf of such parties, and any other person or entity associated with the Contest, members of their immediate families and/or person living in the same household as such persons, whether or not related, are ineligible to enter the Contest.
JUDGING. All Essays from eligible Entries shall be judged by the InCharge staff based on creativity, writing style and the compelling nature of the story along with reasonably correct spelling and grammar.
PRIZES. Within thirty (30) days following the end of the Submission Period, InCharge will select one winner from the eligible Entries. The determination of the Contest winner shall be made by InCharge in its sole discretion using the criteria discussed above, and such determination shall be final and binding. The winner will receive the prizes as posted on the Website. Prizes are non-assignable and nontransferable. No cash alternative or prize substitutions will be allowed, except InCharge reserves the right to substitute prize(s) of comparable value if the prizes listed are unavailable for any reason. InCharge, at its sole discretion, shall determine the delivery of the prizes to the winner and the winner shall be responsible for all costs associated with the delivery.
RULES GOVERNING WINNERS. The winner will be notified directly by mail, email or telephone. InCharge shall have no liability for any winner notification that is lost, intercepted or not received by the potential winner for any reason. By accepting a prize, the winner agrees that InCharge may, without any limitation or further compensation, use his or her name, screen name, voice and/or likeness in any and all media for the purpose of advertising and promoting the Website, the Contest, or any other promotion, contest or sweepstakes sponsored by InCharge. Further, the winner will be required to meet all other conditions of eligibility including, but not limited to, the following:
- Providing authorization to InCharge to use the winner's name, likeness, hometown and biographical information in advertising and promotions, including, but not limited to, on its Website, without further compensation or permission, except where prohibited by law.
- Authorization of a waiver of liability.
- Availability to accept the prize and/or travel on the required dates.
- Availability to accept the terms and conditions of each component of the prize.
- Agreement to all rules, terms and conditions of the Contest.
- Delivering all necessary consents from the photographers and individuals mentioned in the Essay or visible in the photographs.
Finally, if a winner is unreachable, fails to timely return documents, a prize notification is returned as undeliverable, or if a winner is found not to be in compliance with these Official Rules or is otherwise ineligible, a winner may be disqualified and the winner's prize will be forfeited in its entirety and another winner may be chosen in accordance with the terms and conditions set forth herein.
In the case of a dispute over the identity of an Entrant who submitted the winning Entry, the authorized account holder of the email address associated with that Entry will be deemed the Entrant. The "authorized account holder" is deemed the natural person who is assigned to an email address by an Internet access provider, service provider or other online organization that is responsible for assigning email addresses for the domain associated with the submitted email address.
DATES & DEADLINES / ANTICIPATED NUMBER OF CONTESTANTS. Because of the unique nature and scope of the Contest, InCharge reserves the right, in addition to those other rights reserved herein, to modify any date(s) or deadline(s) set forth in these Official Rules or otherwise governing the Contest. InCharge cannot accurately predict the number of contestants who will participate in the Contest.
OWNERSHIP. By entering in the Contest, you acknowledge and agree that InCharge will own your Entry. Each Entrant hereby irrevocably sells, assigns and otherwise conveys to InCharge, its successors and assigns, all present and future right, title and interest of every kind and nature whatsoever, including, without limitation, all copyrights, all music and music publishing rights, and all rights incidental, subsidiary, ancillary or allied thereto (including, without limitation, all derivative rights) in and to the Entry (including, but not limited to, the Essay(s)) and the intellectual property rights embodied therein for exploitation by InCharge throughout the universe, in perpetuity, by means of any and all media and devices whether now known or hereafter devised. Without limiting the foregoing, InCharge shall exclusively own all publishing rights in and to the Essay, and InCharge shall have the right, in its sole discretion, to edit, composite, morph, scan, duplicate, or alter, the Essay for any purpose which InCharge deems necessary or desirable, and each Entrant irrevocably waives any and all so-called moral rights they may have in the Essay submitted by him or her. Each Entrant hereby acknowledges that such Entrant does not reserve any rights in and to the Entry including, but not limited to, the Essay. To the extent you are unable to convey all right, title and interest in and to your Entry and the intellectual property rights embodied therein, you hereby grant to InCharge a non-exclusive, worldwide, sub-licensable (through multiple tiers), irrevocable, transferable, royalty-free, and perpetual right and license to use, copy, create derivative works, publish, publicly display and perform, sell, and/or distribute the Essay and the intellectual property rights embodied therein (including, but not limited to, your name, likeness, voice, silhouette, picture or visual representation, whether intact or in part, composite or distorted in character or form) for any legal purposes whatsoever in any media now known or that hereinafter becomes known.
REPRESENTATIONS AND WARRANTIES/INDEMNIFICATION. Each Entrant represents and warrants to InCharge that: (i) the Essay is the Entrant's own original, previously unpublished, and previously unproduced work; (ii) the Essay is wholly original with Entrant, is not the subject of any actual or threatened litigation or claim; (iii) the Entry (including, but not limited to, the Essay and other materials provided by you to InCharge) neither infringe upon nor violates the intellectual property and/or proprietary rights of any other person or entity including, but not limited to, copyright, trademark, trade secret, patent, privacy and publicity; (iv) the Essay does not and will not violate any applicable laws; and (v) the Entry is true, accurate and complete and will remain true, accurate and complete until winners are selected. Each Entrant hereby agrees to indemnify and hold InCharge and its affiliates, and their directors, officers, employees, agents and representatives harmless from and against any and all third party claims, actions or proceedings of any kind (including, but not limited to, all damages, liabilities, costs and expenses) relating to or arising out of the Entry and/or any breach or alleged breach of any of the warranties, representations or agreements of Entrant hereunder.
FURTHER DOCUMENTATION. If InCharge shall desire to secure additional assignments in order to effectuate the purposes and intents of this Agreement, then each Entrant agrees to sign the same upon InCharge's request therefor.
NO OBLIGATION TO USE. InCharge shall have no obligation (express or implied) to use the winning Essay, or to otherwise exploit the winning Essay or continue the development, production, distribution or exploitation thereof, and InCharge may at any time abandon the use of the winning Essay for any reason, with or without legal justification or excuse, and the winners shall not be entitled to any damages or other relief by reason thereof.
NATURE OF RELATIONSHIP/WAIVER OF EQUITABLE RELIEF. Each Entrant hereby acknowledges and agrees that the relationship between the Entrant and InCharge is not a confidential, fiduciary, or other special relationship, and that the Entrant's decision to provide the Entrant's Entry to InCharge for purposes of the Contest does not place InCharge in a position that is any different from the position held by members of the general public with regard to elements of the Entry. Each Entrant understands and acknowledges that InCharge has wide access to ideas, stories, designs, and other literary materials, and that new ideas are constantly being submitted to it or being developed by InCharge's employees. Each Entrant also acknowledges that many ideas or stories may be competitive with, similar or identical to the Essay and/or each other in theme, idea, format or other respects. Each Entrant acknowledges and agrees that such Entrant will not be entitled to any compensation as a result of InCharge's use of any such similar or identical material that has or may come to InCharge from other sources. Each Entrant acknowledges and agrees that InCharge does not now and shall not have in the future any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of the Entrant's copyright in and to the Entry (including, but not limited to, the Essay and the other materials provided to InCharge by you). Each Entrant acknowledges that, with respect to any claim by Entrant relating to or arising out of InCharge's actual or alleged exploitation or use of the Entry (including, but not limited to, the Essay), the damage, if any, thereby caused to the applicable Entrant will not be irreparable or otherwise sufficient to entitle such Entrant to seek injunctive or other equitable relief or in any way enjoin the production, distribution, exhibition or other exploitation of the Entry (including, but not limited to, the Essay), and Entrant's rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law, which shall be limited by the terms and conditions set forth herein.
IMPORTANT. PLEASE READ – GENERAL RELEASE AND LIMITATIONS ON LIABILITY. By entering the Contest, Entrants agree that: (1) any and all disputes, claims, and causes of action arising out of or connected with the Contest, or any prizes awarded, shall be resolved individually, without resort to any form of class action, by submitting such claim to an arbitrator in Orlando, Florida within thirty (30) days after a party has served notice to arbitrate, and the arbitrator shall be selected in accordance with the then-current American Arbitration Association rules (Commercial Division); (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Contest, but in no event will attorneys' fees be awarded or recoverable and in no event shall the damages exceed five dollars ($5.00) except in the case of the winner, in which case the value of the prize; and (3) under no circumstances will any Entrant be permitted to obtain any award for, and Entrant hereby knowingly and expressly waives all rights to seek, punitive, incidental or consequential damages and/or any other damages, other than actual out-of-pocket expenses.
Each Entrant acknowledges and agrees that InCharge is not responsible for any costs, injuries, losses, or damages of any kind arising from or in connection with: (i) incomplete, lost, late, misdirected or illegible entries or for failure to receive entries due to any cause, including without limitation human, transmission, or technical problems, failures, or malfunctions of any kind, whether originating with sender, or otherwise, that may limit an Entrant's ability to participate in the Contest; (ii) any injury or damage (including, without limitation, injury to property and/or persons) resulting from participation in the Contest and/or the use of any prize; or (iii) based on the Entrant's rights of publicity or privacy. InCharge assumes no responsibility for any damage to an Entrant's computer system which is occasioned by accessing the Website or participating in the Contest, or for any computer system, phone line, hardware, software or program malfunctions, or other errors, failures, delayed computer transmissions or network connections that are human or technical in nature, or for the incorrect or inaccurate capture of information, or the failure to capture any information.
FORCE MAJEURE. In the event InCharge is prevented from continuing with the Contest by any event beyond its control including, but not limited to, fire, flood, epidemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, war (declared or undeclared) or any federal state or local government law, order, or regulation, order of any court or jurisdiction, or other cause not reasonably within the control of the non-performing party, InCharge shall have the right to modify, suspend, or terminate the Contest.
DISQUALIFICATION. InCharge reserves the right in its sole discretion to disqualify any individual who is found to be tampering with the entry process or the operation of the Contest or the Website; to be acting in violation of these Official Rules; or to be acting in an unsportsmanlike or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Contest, or to annoy, abuse, threaten or harass any other person. InCharge reserves the right to modify, suspend, or terminate the Contest if it determines, in its sole discretion, that the Contest is technically impaired or corrupted or that fraud or technical problems, failures or malfunctions have destroyed or severely undermined the integrity and/or feasibility of the Contest.
LIST OF WINNERS: The name of the winner of this Contest will be posted on this website and will be published in a subsequent Military Money magazine (anticipated to be the Winter 2006-07 publication). For a copy of these Official Rules or the winner's name, send a self-addressed, stamped envelope to: the "Ultimate Welcome Home" Contest specifying whether you want a copy of the rules or winner list, Military Money, 2101 Park Center Drive, Suite 310, Orlando, Florida, 32835. The Official Rules will be available on this Website during the Submission Period.
SPONSOR: The Contest is sponsored by InCharge Education Foundation, Inc.
