NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING.
THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION OF DISPUTES PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE IN THE EVENT OF A DISPUTE.
Participation in the “Independent Book Blogger” Contest (“Contest”) constitutes Entrant’s full and unconditional agreement to and acceptance of these Terms and Conditions. The Contest will begin at 12:00 a.m. Eastern Standard Time (EST) on March 29, 2012 and end at 11:59 p.m. EST on April 9, 2012 (“Contest Period”). Contest is sponsored by Association of American Publishers (“AAP”), 71 Fifth Avenue, 2nd Floor, New York, NY 10003, and Goodreads, Inc., 188 Spear Street, 3rd Floor, San Francisco, CA 94105 (“Goodreads”), (AAP and Goodreads and their respective agents, successors, and assigns are collectively referred to as “Sponsors”), who are solely responsible for all aspects of this Contest.
Eligibility: The Contest is open to all Independent Bloggers of the 50 United States and the District of Columbia, 18 years of age or older, who have an account with Goodreads. An “Independent Blogger” is defined as a person who has created and maintains an online blog that is not affiliated with and not compensated by any commercial or academic publication, but may include persons who blog for institutions, such as libraries and/or bookstores, but who do not represent any commercial media entity. Additional requirements for eligibility are that at least 75% of the content on the Independent Blogger’s site is devoted to coverage of books and/or the book publishing industry and that the Independent Blogger posted regularly, though not necessarily daily, during the period of February 1, 2011 – February 1, 2012 (“Posting Time”).
Employees, officers and directors of Sponsors, and each of their respective parent companies, affiliates, subsidiaries, agents, advertising and promotion agencies, and judging organizations (“Released Parties”), as well as their immediate family members and/or persons living in the same household (whether related or not) of each are not eligible to participate in the Contest. All federal, state and local laws and regulations apply. Void where prohibited, taxed or restricted by law. Decisions on all matters relating to eligibility shall be in Sponsors’ sole and absolute discretion.
How to Enter: Any eligible participant (“Entrant”) can enter online during the Contest Period at http://www.goodreads.com (“Website”), a website owned and operated by Goodreads, by signing up for a free account or signing into an existing user account, completing the entry form available on the Website (the “Contest Entry Form”), indicating the blog’s http:// address, and submitting five (5) sample blog posts that were originally posted on Entrant’s blog within the Posting Time and take the form of review, news analysis, criticism, or any other dialogue surrounding books (the sample blog posts are hereinafter referred to as “Posts” and the Contest Entry Form, including the blog address for consideration and Posts are collectively referred to as the “Entry Materials”). Entry Materials must be submitted by the Independent Blogger and Sponsors reserve the right to disqualify any Entry Materials that were submitted by third parties. Entrants must indicate the category of their submission on their Contest Entry Form:
Terms and Conditions: Entrants are responsible for all costs associated with the compilation and submission of the Entry Materials. All Entry Materials must be received during the Contest Period. Entrants may submit a maximum of one (1) blog for consideration into the Contest (i.e., one Contest Entry Form indicating the name of one blog and five (5) sample posts). Entry Materials will be judged individually. Prizes are limited to one per person. Incomplete entries, or those containing incorrect information, will be voided. Entry Materials must be submitted in English and the Independent Blogger’s online blog must be in the English language. By participating in this Contest, Entrants agree to be bound by these Terms and Conditions and the decisions of the Sponsors which are final and binding in all matters relating to the Contest.
Use of Information: Each Entrant grants the Sponsors and their agents, successors, and assigns the right to associate the Entry Materials, including Posts, with Entrant’s name, image, likeness, and biographical information, without limitation and without compensation for purposes of the promotion of the Contest. Any information collected during an Entrant’s participation in this Contest, including personally identifiable information and non-personally identifiable information, will be collected, used, and disclosed by Sponsors, or their affiliates, marketing agents, and marketers for purposes of the proper administration and fulfillment of the Contest as described in these Terms and Conditions. Furthermore, Sponsors may collect, use, and disclose an Entrant’s personally and non-personally identifiable information as is set forth in their privacy policies, which can be found at http://www.goodreads.com/about/privacy and http://publishers.org/policies/#privacy.
Entry Must Be Original: Entry Materials, including the Posts, must be the original work of the Entrant. Entrant represents that the Posts were originally posted during the Posting Time, have not won any previous awards, and do not infringe upon the copyrights, trademarks, patents, rights of privacy, publicity or other intellectual property or other rights of any person or entity. If the Posts contain any material or elements that are not owned by the Entrant and/or are subject to the rights of third parties, the Entrant is responsible for obtaining, prior to submission of the Posts, any and all releases and consents necessary to permit the use and exhibition of the Posts and all components thereof by the Sponsors in the matter set forth herein. Sponsors further reserve the right, in their sole and unfettered discretion, to reject and disqualify any entry for any or no reason, including without limitation if they believe that the necessary releases and consents have not been obtained.
Posts may not contain any of the following: (i) Materials which include or constitute trademarks, trade names, commercial product brands, or copyrighted works created or owned by any person or entity other than Entrant or for which the Entrant has not obtained owner’s permission to use; (ii) Materials which contain personal information such as phone numbers, website links, street addresses, email addresses or license plate numbers; (iii) Materials which contain profanities, vulgar language, lewd behavior, extensive or gratuitous violence, or are otherwise obscene or inappropriate for a general audience; (iv) Materials which violate anyone’s privacy rights, violate any confidentiality or employment agreement, or which are defamatory; (v) Materials which are derogatory to Sponsors or any affiliated entity or Person; (vi) Materials which are discriminatory based on race, religion, national origin, physical disability, age, sex, or sexual orientation or preference; (vii) Materials which contain any computer virus, worm, or other harmful computer programming or thing; (viii) Materials which Sponsors, in their sole and unfettered discretion, deems to be otherwise objectionable. Entries that do not conform to these guidelines will be disqualified.
Sponsors may use Posts for any purpose in connection with the promotion of the Contest, including but not limited to displaying the Posts, or any portions thereof, of the Finalists (as defined herein), online at http://www.goodreads.com or http://www.publishers.org for purposes of promoting and operating the Contest, without compensation or credit to Entrant, other than that disclosed herein. Entrant grants Sponsors the non-exclusive right to reproduce, distribute, publish, and license the Posts in whole or in part, in all forms and media now or hereafter known, including material in digital and electronic media, and translations and adaptations, in any language throughout the world and in Sponsors’ sole discretion. Entrant agrees not to bring, support, or authorize any lawsuit or claim against Sponsors, their affiliates, or any other person, on the grounds that any of Sponsors’ use of the Posts, or any derivative works, infringe or violate any of Entrant’s rights therein. Should the Sponsors require additional documentation to secure any of the foregoing rights, Entrant agrees that email correspondence shall satisfy any writing requirement that may apply to the assignment or waiver of any of the aforementioned rights, and Entrant shall execute and deliver such documents, at Entrant’s expense, as requested by Sponsors or as may be necessary to vest in Sponsors the rights and waivers provided herein.
Winner Determination: Entry Materials will be separated and judged within the following four categories: Adult Fiction, Adult Non-Fiction, Children’s/Young Adult, and Industry News.
Within each of the four categories, one prize winner will be selected following two (2) rounds of judging. Round 1 Judging (Public Voting): Each Entrant’s name and a link to his/her blog will be posted online at http://www.goodreads.com and judged by registered Goodreads users from 12:00 am EST on April 10, 2012 through 11:59 pm EST on April 23, 2012 (“Voting Period”). Voters are limited to one vote per person per category. Voters will have the opportunity to vote for their favorite Independent Blogger during the Voting Period by reviewing the Posts each blog, using as a suggested guide the following criteria:
The top 15 entries in each of the four categories that receive the highest scores will proceed to Round 2 (“Finalists”). Those entries proceeding to Round 2 will be publicized during the week of May 1, 2012. In the event of a tie in Round 1, the tied entries will be re-judged by the Round 2 judges. In the event that any of the Finalists are disqualified, an alternate Finalist with the next highest score may be selected, within the Sponsors’ sole discretion. Round 2 Judging: The Finalists’ blogs and Entry Materials (including the Posts) will then be reviewed by a committee of industry representatives selected by the Sponsors based on the following criteria: quality of writing (well-written, cohesive, succinct, without spelling or grammatical errors) (20%), quality of analysis (illustrates blogger’s knowledge and comfort with the topic at hand) (20%), visual design and presentation (design and layout of the blog should be aesthetically pleasing without detracting from the focus of the content) (20%), audience tone (dialogue reflects intended audience) (20%), and reader discussion/impact (relative concentration of the types of discussion that the blog prompts among its readers, regardless of whether the discussion is positive or negative in nature) (20%). In the event of a tie in Round 2, the tied entries will be re-judged by the judges based solely on quality of writing and quality of analysis. Prizes are limited to one per person regardless of the number of categories that Entrants enter in. The decisions on all matters relating to the judging of the Contest are subject to Sponsors’s sole discretion.
Prizes: One winner in each of the four categories will receive a trip to BookExpo America 2012. Trip includes round trip coach air transportation for one (1) person from the major airport nearest winner’s residence, three (3) night hotel accommodations (standard double occupancy) and a complimentary badge for BookExpo America 2012 from June 5, 2012 - June 7, 2012. Prize does not include ground transportation, meals, tips, spending money, other expenses and/or incidental travel costs, tariffs, taxes, fees, or any other surcharges. The Approximate Retail Value (“ARV”) of each prize ranges from $1,500 – $2,300. Actual value of the prizes may vary based on airfare fluctuations and distance between departure and destination. The value of the Contest prizes set forth above represents Sponsors’ determinations of the ARV in their sole and absolute discretion thereof and such determinations are final and binding and cannot be appealed. If the actual value of the prize turns out to be less than the stated ARV, the difference will not be awarded in cash. The prizes must be claimed by May 15, 2012, or prizes will be forfeited and no compensation will be awarded. Airfare and hotel accommodations are subject to capacity controls, availability, limitations and other restrictions, all of which are subject to change at Sponsors’s sole discretion. Fulfillment will be coordinated by Sponsors and Sponsors may, in their sole discretion, select among available flights and hotel accommodations SUBJECT TO AVAILABILITY. Once airfare and hotel accommodations are booked, no exchange, extension, or substitution is permitted, expect by Sponsors in their sole discretion. It is the responsibility of the winners to arrive at the hotel by June 5, 2012. Sponsors shall have no responsibility or liability for cancellations, delays, or unavailability of specific flights, hotels, or any other attractions.
Winner Notification: All prize winners will be contacted on or about May 8, 2012, by phone and/or email. Sponsors will make THREE (3) attempts to contact each potential winner. If potential prize winners cannot be contacted within three (3) days of the first attempted contact, or if the Sponsors determine in their sole and absolute discretion that the eligibility requirements are not met, potential prize winners may be deemed ineligible and an alternate prize winner will be selected by the judging committee based on the criteria described herein. If potential prize winners are unable to travel on the designated dates surrounding BookExpo America, prize will be forfeited and an alternate winner(s) will be selected.
Prize Conditions: Each prize winner is solely responsible for all applicable federal, state, and local taxes (if applicable) associated with the receipt of the prize. Winners will be required to submit an Affidavit of Eligibility and Liability/Publicity Releases and return it to Sponsors within 14 days of notification, and in the event the a winner(s) fail to do so, or is deemed to be ineligible, substitute prize winners will be selected based on the criteria described herein. In the event of a dispute regarding the identity of an individual who actually submitted a Contest entry, the entry will be deemed submitted by the authorized account holder of the email account. As used herein, “Authorized account holder” is defined as the natural person who is assigned to an email account by an Internet access provider, online service provider or other organization (e.g., business, educational, institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address. Prizes are not exchangeable or transferable, except that Sponsors reserve the right at their sole discretion to substitute any prize with another prize of equal or greater value.
Release of Liability: This Contest is subject to all applicable federal, state, and local laws. By entering the Contest, Entrants agree to release Sponsors, subsidiaries, affiliates, and advertising and promotion agencies, and its and each of their respective directors, officers, employees, shareholders and agents from any and all liability, loss, damage or injuries to any person (including death) or property of any kind sustained in connection with their participation in the Contest or from their acceptance, receipt, possession and/or use or misuse of the prize, or for any typographical or other error in the printing, offering or announcement of the prize. Entrants further agree that the Released Parties shall have no responsibility or liability for cancellations and/or delays or any change in the accommodations and/or BookExpo America, and in the event BookExpo America is cancelled or postponed for any reason beyond Sponsors’ control, or the prize is otherwise unavailable, no additional compensation will be awarded. Sponsors will not replace the prize if lost, mutilated, or stolen. Entrants further acknowledge that said parties have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee express or implied, in fact or in law, relative to the prize, including, but not limited to, its quality or fitness for a particular purpose. ANY ATTEMPT BY AN ENTRANT OR ANY OTHER PERSON TO DEFRAUD OR IN ANY WAY TAMPER WITH THE IMPLEMENTATION OF THIS CONTEST OR DELIBERATELY DAMAGE ANY WEBSITE (INCLUDING THE CONTEST 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 SPONSORS RESERVE THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. By participating, Entrants agree to waive any right to claim ambiguity in the Contest or these Terms and Conditions. Sponsors reserve the right to disqualify any Entrant that Sponsors determine, in their sole discretion, violates these Terms and Conditions. Sponsors assume no responsibility for damages, loss, or injury resulting from acceptance or use of the prize.
Internet Limitations of Liability: If for any reason, this Contest is not capable of running as planned due to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of the Sponsors which corrupts or affects the administration, security, fairness, integrity or proper conduct of any portion of the Contest, the Sponsors reserve the right, in their sole discretion, to terminate, modify or suspend the Contest in whole or in part, at any time, without notice and to select a winner, in Sponsors’ sole discretion, from all non-suspect eligible entries received as of the termination/suspension date. Sponsors 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 Sponsors also are not responsible for any problems or technical malfunction of any telephone network or telephone lines, computer on-line systems, servers, or providers, computer equipment, software, failure or delay of any email or entry to be received by Sponsors on account of technical problems, human error or traffic congestion on the Internet or at any website, or any combination thereof. Sponsors are not responsible for any damage to an Entrant’s system which is occasioned by participating in this Contest or by downloading any information necessary to participate in the Contest.
Governing Law: Any dispute or claim arising out of participation in this Contest, these Terms and Conditions, or any disputes with website users which arise as a result of the use of this website, shall be governed by, and construed in accordance with, the laws of the State of New York, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of the laws of any jurisdiction other than the State of New York.
Arbitration: By entering the Contest, Entrants agree that any and all disputes, claims, and causes of action arising out of or connected with the Contest, or the prize awarded, shall be resolved individually, without resort to any form of class action. Furthermore, by entering into this Contest, each Entrant agrees that any claim, dispute, or controversy arising out of or in connection with or relating to the Contest or these Terms and Conditions, the breach or alleged breach thereof, their enforcement, arbitrability or interpretation (collectively, “Claims”), shall be submitted to final and binding arbitration to be held in New York, New York before a single arbitrator. The arbitrator shall be selected by mutual agreement of the parties or, if the parties cannot agree, then by selecting an arbitrator from a list of arbitrators supplied by JAMS (Judicial Arbitration and Mediation Services). If the parties still cannot agree on an arbitrator, the arbitrator shall be appointed by JAMS. The arbitration shall be a confidential proceeding, closed to the general public, upon which the arbitrator shall issue a written opinion stating the essential findings and conclusions upon which the arbitrator’s award is based. The parties will share equally in the payment of the arbitrator’s fees and arbitration expenses and any other costs unique to the arbitration hearing (recognizing that each side bears its own deposition, witness, expert and attorneys’ fees and other expenses to the same extent as if the matter were being heard in court). Notwithstanding the foregoing, the arbitrator may require that such fees be borne in some other manner as the arbitrator determines is required in order for this arbitration clause to be enforceable under applicable law. Furthermore, Entrant agrees that any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, and Entrant shall not seek or be entitled to any punitive, consequential, exemplary or other damages, including costs associated with entering the Contest but in no event include attorneys' fees. ENTRANTS AGREE THAT, BY ENTERING INTO THE CONTEST, ENTRANT AND THE SPONSORS ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
Enforceability: All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms and Conditions, or the rights and obligations of the Entrants and Sponsors or the Released Parties in connection with the Contest, shall be determined by the Sponsors in their sole and absolute discretion. If any provisions of the Terms and Conditions are determined by a court of competent jurisdiction to be invalid or unenforceable, such determination shall not affect the validity or enforceability of any other provision.
Winner List: To request a copy of the winner list (name, city, state), please send a self-addressed, stamped business size envelope, by May 15, 2012, to: “Independent Book Blogger Awards” Contest Winner List, c/o Tina Jordan, Association of American Publishers, Attn: IBBA, 71 Fifth Avenue, 2nd Floor, New York, NY 10003.
Sponsors: Association of American Publishers, 71 Fifth Avenue, 2nd Floor, New York, NY 10003; Goodreads, Inc., 188 Spear Street, 3rd Floor, San Francisco, CA 94105 .