NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW. ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION AND ENTRANTS WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION FORMAT.
The object of the Contest is to create and post an original photo that depicts your halloween costume (the "Entry"). Your Entry must be created using the Pic Stitch application and must comply with the rules of one or more of the four categories (Couples, Child/Teen/Tween, Adult Singles, and Pets/Animals). The rules for each category will be stated below under section “Categories.” You must post your Entry via a public Instagram account, a public tweet, or a public Facebook profile and include the hashtag #ScaryStitch (the “Hashtag") within the main description, in accordance with these Official Rules to be eligible. Staff members of Big Blue Clip LLC (the "Judges" or "Sponsor") will select the most compelling Entry in accordance with these Official Rules and based upon criteria set forth in the Judging section below to determine the Winner (defined below).
ENTRY PERIOD: The Contest entry period begins at 10:00 am Pacific Time ("PT") on October 16, 2015, and ends at 9:59 am PT on November 1, 2015 (the "Entry Period”).
CATEGORIES: Eligible entries must fit into one or more of the following entries. 1. Couples: The entry must contain two persons over the age of eighteen (18) (thus “a couple”) and both persons in the Entry must be in costume(s). If one or any of these rules are not met, then the Entry is void. 2. Child/Teen/Tween: The subject of this Entry must be between the ages of five (5) and seventeen (17) (a “Child/Teen/Tween”). The Entry must be submitted by a person over the age of 18. If the person who submits the Entry is not age 18 or older, then the entry is void. Multiple persons between the ages of 5 to 17 may be included in the Entry, however if a person 18 years of age appears alongside any child/teen/tween then it will be in the sole discretion of the judges whether the entry complies with the category theme. 3. Adult Singles: The subject of this Entry must be a person above age 18. If multiple persons appear to be the subject of the photograph, the Entry will be not be eligible for this category. 4. Pets/Animals: The subject must be your pet (e.g. dog, cat, rabbit, etc.). The pet must be in costume to be eligible for this category. If any persons appear alongside the pet, it will be in the sole discretion of the judges whether the entry complies with the category theme.
JUDGING: The Judges will judge all eligible Entries to determine the most compelling Entry based on the following criteria: Quality of photo (25%), Creativity (25%), and Relevance to Contest theme (50%). On or about November 1, 2015, the most compelling Entries, as determined by the Judges, will be deemed the winning Entries (the "Winning Entries"). Subject to verification of eligibility and compliance with the terms of these Official Rules, the eligible participants that submitted the Winning Entries, as determined by the Judges, will be declared the official winners of the Contest (the "Winners"). In the event of a tie for any potential Winning Entry, the score for Originality will be used as a tiebreaker.
PRIZE: Four (4) Prizes To Be Awarded. The Winners will receive One (1) $50 iTunes or Google Play gift card.
PRIZE NOTIFICATION RESPONSE TIME: Forty-eight (48) hours from the time of issuance of Prize Notification (defined below) (the "Required Response Time").
WINNER'S LIST: A list of the winners will be posted on the official Big Blue Clip LLC website found at: http://bigblueclip.com/contest/halloween-costume-contest-official-rules.
The winner is:
SPONSOR: Big Blue Clip LLC, www.bigblueclip.com
ELIGIBILITY: The Contest is open only to legal residents of the United States including its commonwealths, territories and possessions (collectively referred to herein as "states"), and Canada (excluding the Province of Quebec) who are eighteen (18) years of age or older (except in the case of legal residents of certain states/territories/provinces where the legal age of majority is greater than eighteen (18) years of age, such legal age of majority) with a valid Instagram account or Twitter account, as applicable, and a valid email address at the time of entry. Employees, officers and directors (including immediate family members (spouse, parent, child, sibling and their respective spouses, regardless of where they reside) and members of the same household, whether or not related) of Sponsor are not eligible to participate or win the Prize. The Contest is subject to all applicable federal, state, territory, provincial and local laws, rules and regulations. Void in the Province of Quebec and where prohibited or restricted by law, rule or regulation.
PRIZE CONDITIONS: All Prize details shall be determined in the sole and absolute discretion of Sponsor. In the event any of the prizes are unavailable for any reason, Sponsor reserves the right to substitute an alternate Prize of equal or greater value.The Prize is non-transferable and non-assignable, with no cash redemptions except at Sponsor's sole and absolute discretion. Sponsor reserves the right to substitute the Prize (or any portion thereof) with a prize of comparable or greater value at its sole and absolute discretion. The Winner is fully responsible for any and all applicable federal, state, territory, provincial and local taxes (including income and withholding taxes). All costs and expenses associated with the Prize acceptance are the sole responsibility of the Winner. Released Parties (defined below) will not be responsible for weather conditions, Acts of God, acts of terrorism, civil disturbances, work stoppage or any other natural disaster outside their control that may cause the cancellation or postponement to this contest.
CONTEST ADMINISTRATION: Sponsor will be responsible for resolving any disputes and rules violations that arise in connection with the Contest. Sponsor's computer will be the official clock of the Contest. All decisions by Sponsor regarding the Contest shall be final and binding in all respects.
PUBLICATION, LICENSE AND RELEASE: By entering the Contest and submitting an Entry, each entrant: (a) agrees that his/her Entry is an original work of authorship and that he/she owns all right, title and interest in the Entry as of the date of submission or has all necessary rights and authorizations to submit it and the express permission of all individuals, content and materials embodied in the Entry to submit it for possible use as provided herein; (b) agrees that his/her Entry does not violate Big Blue Clip’s terms and conditions or infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity; (c) grants to Sponsor and each of their respective designees the perpetual and unlimited right and license to use, license, edit, modify, duplicate and/or create derivative works from his/her Entry throughout the world and in perpetuity, including, but not limited to, the right for Sponsor, as applicable, to publish, display, broadcast, distribute, reproduce, perform, create derivative works from and otherwise use and exploit the Entry via the Internet or any other interactive media, in stadium, on television, in print and/or any other media currently existing and hereafter developed and without limitation and without payment of any compensation to the participant or his/her heirs and successors, (i) on its own or as part of any audiovisual or other production; (ii) to advertise any products, programming or services of Big Blue Clip or for any other advertising, marketing, publicizing and promotional purposes and in any materials related thereto; and/or (iii) for any other purpose whatsoever; and (d) release in perpetuity the Released Parties from any claims, demands, losses and liabilities of any nature arising out of or in any way connected with the Entry, and the use thereof as permitted hereunder, including, but not limited to, claims of copyright or trademark infringement, false endorsement, libel, slander, defamation or infringement of rights of publicity or privacy. Nothing herein will obligate Big Blue Clip to make any use of any of the rights set forth herein.
CONTENT RESTRICTIONS: Participants must not include any of the following content (the "Content Restrictions") in any Entry: (a) pornography, adult-oriented content or any other sexually-explicit material; (b) materials relating to lotteries or gambling; (c) explicit language or content, images of violence, or promotion of illegal activities; (d) content in violation of intellectual property rights or laws; (e) libelous, defamatory, disparaging, tortious or slanderous materials; (f) content that denigrates, disparages or reflects negatively on Pic Stitch, Big Blue Clip, or their owners and employees; (g) tobacco, alcohol or drugs; (h) dangerous stunts; (i) real weapons of any kind including, but not limited to, guns, knives or projectiles; (j) material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, age or any other basis protected by federal, state, territory, provincial or local law, ordinance, or regulation; (k) individuals under legal age of majority without providing a signed release from parent or legal guardian; (l) audio and/or visual content owned by any third party (e.g., pre-produced photo, etc.); and (m) material that is unlawful, or otherwise in violation of or contrary to the laws or regulations in any state/territory/province where the Entry is created. Any Entry that does not comply with the foregoing, in the sole discretion of Sponsor, will be disqualified and eliminated from consideration.
NOTIFICATION: The potential winner will be notified via Instagram or Twitter, as applicable, and/or email by Sponsor (the "Prize Notification") and will be required to privately (through email, or other secure, private means) provide his/her name, address, age and other personal information necessary to receive the Prize. In the event that any potential winner does not respond to such Prize Notification within the Required Response Time or fails to provide Sponsor all information necessary to receive the Prize or declines the Prize for any reason, a disqualification will result, the Prize will be forfeited and, at Sponsor's sole discretion and time permitting, an alternate potential winner may be chosen from among all remaining eligible Entries. In addition, the potential winner may be required to submit his/her valid social security number and/or other identification to Sponsor and may be required to execute, have notarized and return an Affidavit of Eligibility and Release of Liability, and, unless prohibited by law, Publicity, within the Required Response Time. A disqualification and Prize forfeiture will result and, at Sponsor's sole discretion and time permitting, an alternate potential winner will be selected from among all remaining eligible Entries if all required documents are not properly executed and returned within the specified period of time. Refusal or return of such documents as non-deliverable or any potential winner's noncompliance with these Official Rules may result in disqualification, Prize forfeiture and, at Sponsor's sole discretion and time permitting, may cause an alternate potential winner to be chosen from among all remaining eligible Entries.
All applicable federal, state, territory, provincial and local laws and regulations apply. Sponsor's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
Big Blue Clip LLC, Instagram, Twitter, Facebook, Google, Apple, Inc. and each of their respective parent companies, trustees, subsidiaries, franchisees, assignees, affiliates, licensees, agents, independent contractors, telecasters, sponsors, licensees and advertising and promotional agencies, and each of their respective general and limited partners, members, shareholders, officers, directors, agents, employees, representatives and contractors (collectively, the "Released Parties") shall not be responsible for lost, late, stolen, garbled, delayed, undelivered, or misdirected entries, for incorrect, inaccurate or incomplete entry information whether caused by a participant, equipment, or technical malfunction or for any human error, technical error or malfunctions.
Released Parties are not responsible for any technical, computer, network, typographical, printing, human or other errors relating to or in connection with this Contest, including, without limitation, errors or problems which may occur in connection with the offer or administration of this Contest, the processing of entries, the tabulation of scores, the cancellation of prizes or any errors appearing in any Contest related-materials including, but not limited, to errors in advertising, the Official Rules, the selection and announcement of the Winner or the distribution of the Prize. Sponsor reserves the right to modify these Official Rules for clarification purposes without materially affecting the terms and conditions of the Contest.
Released Parties make no warranties, express or implied, relative to the use or enjoyment of the Prize (or any portion thereof) including, without limitation, its quality, merchantability or fitness for a particular purpose. By entering the Contest, each participant agrees to indemnify, hold harmless and fully release the Released Parties from any and all claims, demands, losses, promises, causes of action and/or liabilities for any injuries, losses, death, or damages of any kind caused, directly or indirectly, in whole or in part, by participation in, or preparation for, the Contest, Contest-related activity, participant's Entry, or resulting from the acceptance, possession, quality, use or misuse of the Prize (or any portion thereof) including any activity related thereto.
If the Contest is not capable of running as planned for any reason including, without limitation, as a result of infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Contest, Sponsor reserves the right, at its sole and absolute discretion, to cancel, terminate, modify or suspend the Contest, to disqualify any individual who tampers with the entry process, and, if terminated, to determine the Winner, if any, from among all eligible, non-suspect Entries submitted up to the point of termination.
Released Parties assume 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 Released Parties are not responsible for any problems or technical malfunction of any telephone network, cable, satellite, wireless, Internet Service Provider (ISP) or lines, computer systems, servers, or providers, computer equipment, software, malfunctions of wireless devices, wireless service problems, cellular tower equipment, failure of any email or entry to be received on account of technical problems or traffic congestion on the Internet or at any website or wireless service congestion, or any combination thereof, including any injury or damage to participant's or any other person's computer related to or resulting from participation or downloading any materials in this Contest.
CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE ASSOCIATED WITH THIS CONTEST OR UNDERMINE THE CONTENT OR LEGITIMATE OPERATION OF THIS CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR WILL DISQUALIFY ANY SUCH PARTICIPANT, AND SPONSOR, PIC STITCH AND/OR THEIR RESPECTIVE AGENTS RESERVE THE RIGHT TO SEEK DAMAGES (INCLUDING ATTORNEYS' FEES) AND OTHER REMEDIES FROM ANY PERSON OR PERSONS RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.
In the event of dispute as to the identity or eligibility of any potential winner based on an Instagram account, the winning entry will be declared made by the "Authorized Instagram Account Holder" of the Instagram account that submitted the Entry at the time of entry provided he/she is eligible according to these Official Rules. The "Authorized Instagram Account Holder" is defined as the natural person assigned to an Instagram account by Instagram. In the event of dispute as to the identity or eligibility of any potential winner based on a Twitter account, the winning entry will be declared made by the "Authorized Twitter Account Holder" of the Twitter account that submitted the Entry at the time of entry provided he/she is eligible according to these Official Rules. The "Authorized Twitter Account Holder" of a Twitter account is defined as the natural person assigned to a Twitter account by twitter.com. In the event of dispute as to the identity or eligibility of any potential winner based on a Facebook account, the winning entry will be declared made by the "Authorized Facebook Account Holder" of the Facebook account that submitted the Entry at the time of entry provided he/she is eligible according to these Official Rules. The "Authorized Facebook Account Holder" of a Facebook account is defined as the natural person assigned to a Facebook account by Facebook.com.
In the event that the Contest is challenged by any legal or regulatory authority, Sponsor reserves the right to discontinue or modify the Contest, or to disqualify participants residing in the affected geographic areas. In such event, the Released Parties shall have no liability to any participant who is disqualified due to such an action.
As a condition of entering this Contest, each entrant agrees that (a) any and all disputes, claims, controversies or causes of action arising out of or relating to this Contest, or any prizes awarded (each, a "Claim"), shall be (i) arbitrated on an individual basis only, and shall not be consolidated or joined with or in any arbitration or other proceeding involving a Claim of any other party, and (ii) settled by binding arbitration in San Francisco County, California before a single arbitrator appointed by the American Arbitration Association in accordance with its then governing rules and procedures, and judgment on the award rendered by the arbitrator may be entered by any court having jurisdiction thereof; and (b) under no circumstance will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, punitive, incidental, consequential or any other damages, other than for actual out-of-pocket expenses. These Official Rules shall be governed by and construed and interpreted in accordance with the laws of the State of California, U.S.A, applicable to contracts entered into and performed exclusively in that State.
Apple, Inc. and Google, are not sponsors of, or responsible for conducting, the Contest. All entry and voting data provided via the Facebook platform is provided to Big Blue Clip LLC and not to Facebook. This Contest is in no way sponsored, endorsed or administered by, or associated with, Instagram, Twitter, or Facebook.
The Contest is a skill contest designed to increase consumer awareness of and interest in Pic Stitch, the photo collage maker. This Contest may not be used for, or in connection with, any form of gambling.