The “Starving Artist” Sweepstakes
Rules and Regulations
1. NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES: The “Starving Artist Sweepstakes” is sponsored by MOLI.com, Inc. (together with its divisions, affiliates, officers, subsidiaries, agents and employees, "MOLI.com"), having its principal place of business at 580 Village Boulevard, Suite 110, West Palm Beach, Florida 33409. The Sweepstakes entry period begins on January 30, 2008 at 5:00 p.m. (Eastern Time) and ends on April 15, 2008, at 11:59 p.m. (Eastern Time) (such period, the “Entry Period”).
Method of Entry: To enter the Sweepstakes visit the Sweepstakes at http://www.MOLI.com/starvingartist (the “Sweepstakes Site”) during the Entry Period. All of the Sweepstakes information will be posted at the Sweepstakes Site throughout the Entry Period. To be eligible to participate, each entrant must be a registered user on MOLI.com. Each entrant will be asked to submit an official entry form, which may include, among other things, his/her name, address, e-mail address, date of birth and related registration information as prompted (the "Official Entry Form"). Entrants may create only one contest profile during the Entry Period. Limit of one entry per person, per household, duplicate electronic entries from the same household/IP address/MOLI member will be automatically eliminated.
Once an entrant has created a contest profile, he/she must upload to the profile the item(s) of art to be judged. There is no limit on the number of items that may be uploaded. Eligible items will include, but are not limited to: photographs, digital art, paintings, drawings, sculpture, animation, sketches, music, video, film and/or writings. Entries must be original works created by the entrant within the last three (3) years. No video, animation, film or music entry may exceed fifteen (15) minutes in length.
Where a dispute arises about who submitted an online entry, the entry will be deemed submitted by the holder of the e-mail account. Entries must be received by 11:59 p.m. Eastern Time, April 15, 2008. Odds of winning depend on the number of eligible entries received. Any Official Entry Forms received after 11:59 p.m. (Eastern Time) on April 15, 2008, will not be eligible to be included in the drawing and shall be disregarded. The above-noted April 15, 2008 deadline is final.
2. ELIGIBILITY: This Sweepstakes is open to any individual who, as of the beginning of the Entry Period (a) is a legal resident of the continental U.S. (excluding Alaska, Hawaii, Rhode Island, Guam, Puerto Rico, and all other U.S. territories and possessions), United Kingdom, and Ireland (the “Eligibility Area”); (b) 18 years of age or older at the date of entry; and (c) as of the beginning of the Entry Period, has access to the internet. Employees, officers, directors and agents (and their immediate families and household members regardless of where they live, or members of the same households (whether related or not) of MOLI.com, and each of their respective divisions, affiliates, subsidiaries, agents and advertising agencies (collectively, the “Sweepstakes Providers”), are not eligible to participate in the Sweepstakes or to win any prize. VOID OUTSIDE OF THE ELIGIBILITY AREA AND WHERE PROHIBITED OR RESTRICTED BY LAW. All federal, state and local laws and regulations apply.
3. PRIZES: Two (2) Prize Winners shall receive the “Starving Artist” Sweepstakes” Grand Prize package, which consists of the following: payment of their rent for a month (up to a maximum of $2,000 per winner). If a Prize Winner is ‘couch surfing’, MOLI will pay the Prize Winner’s parents, or partners. If the Prize Winner’s rent is below $2,000, MOLI will offer to pay other related bills, at MOLI’s discretion, up to the $2,000 limit. Winners will be required to submit proof acceptable to MOLI.com of their rental expenses. The prizes listed above are subject to certain restrictions and qualifications of MOLI.com. Except where otherwise expressly noted in these rules and regulations, the selection of all vendors, prizes, products and services is subject to the Sweepstakes Providers’ sole and absolute discretion. Prizes (and/or any portion thereof) are nontransferable and non-exchangeable. Additional restrictions may apply.
4. CHOICE OF WINNERS: There will be two Winners.
The first will be the “Peoples’ Choice” winner – who will be determined by the number of comments left by registered MOLI users on his/her contest profile set up under his/her MOLI account. The second will be the Judges’ Choice winner – who will be determined by judges selected by MOLI in its sole discretion.
The judges will have complete discretion as to the choice of “Peoples’ Choice” winner.
The Winners will be notified on or about April 31, 2008, by a MOLI message. Failure of the potential Winner to respond within five (5) days from such notification referred to above may result in disqualification and the selection of alternate Winners. Alternate Winners will be selected in the event a prize cannot be awarded to the potential Winners vote. By entering the contest, each entrant agrees to be bound by these rules and the decisions of the Sweepstakes Providers, which decisions are final and binding in all respects. In the event of non-compliance, alternate Winners may be selected. All prizes will be awarded.
5. CONDITIONS, DISCLAIMERS, AND LICENSE: By entering this Sweepstakes, each entrant agrees to be bound by these rules and regulations and by all decisions of MOLI.com (which decisions are final and binding on all matters relating to the Sweepstakes, including fact, interpretation, eligibility, procedure and fulfillment), and to comply with all federal, state and local laws and regulations. In the event of non-compliance, the potential winner will be disqualified and alternate prizewinners may be selected. Entries and other submitted materials become the property of the Sweepstakes Providers and/or its promotional partner(s) and will not be acknowledged or returned. Neither the Sweepstakes Providers nor Internet access providers are responsible for incomplete, late, lost, misdirected or postage-due mail or for any technical malfunction, human or other error, lost/delayed data transmission, omission, interruption, deletion, defect, or line failure in connection with any telephone network, computer equipment, software or any combination thereof. Entries are void if unreadable, inaccurate, incomplete, mutilated, tampered with, forged, mechanically reproduced, irregular in any way, or otherwise not in compliance with these rules and regulations. The Sweepstakes Providers make no warranties, and hereby disclaim any and all warranties, express or implied, concerning any prize furnished or made available in connection with the Sweepstakes. Although MOLI.com attempts to ensure the integrity of the Sweepstakes, neither MOLI.com nor the Sweepstakes Providers are responsible for the actions of entrants or other individuals in connection with the Sweepstakes, including entrants' or other individuals' attempts to circumvent these rules and regulations or otherwise interfere with the administration, security, fairness, integrity, or proper conduct of the Sweepstakes. The Sweepstakes Providers are not responsible for injury or damage to entrant’s or to any other person's computer(s), other equipment, or person(s), related to or resulting from participation in the Sweepstakes or downloading materials from or using the Sweepstakes Site. If, for any reason, the Sweepstakes is not capable of running as planned by reason of damage by computer virus, worms, bugs, tampering, unauthorized intervention, fraud, technical limitations or failures, strikes, industry conditions, bankruptcy or liquidation, marketplace demands, applicable law, unforeseen obstacles, or any other causes which, in the sole opinion of MOLI.com, could corrupt, compromise, undermine, or otherwise affect the administration, security, fairness, integrity, viability, or proper conduct of the Sweepstakes, MOLI.com reserves the right in its sole and absolute discretion to modify these rules and regulations, and/or to cancel, terminate, modify or suspend all or any part of the Sweepstakes, and in the event of cancellation or termination, to select winners from among all eligible non-suspect entries received up to the time of such cancellation, termination, modification, or suspension, as applicable. Proof of submitting entry will not be deemed receipt of such entry by the Sweepstakes Providers.
All taxes (including without limitation Federal, state and local taxes) in connection with any prize, and the reporting consequence thereof, are the sole responsibility of the Winners. The Winners at the sole discretion of MOLI.com may each be required to sign a notarized affidavit of eligibility and compliance with these rules and regulations, liability release, publicity release (unless prohibited by law), address verification and other registrations and participation information requested by MOLI.com and the other Sweepstakes Providers (unless prohibited by law). A Winner may not be under 18 years of age, or a resident of a jurisdiction that deems him/her to be a minor. You are not a winner until your submissions are validated. Failure to complete, sign and return all required documents within fourteen (14) days of delivery to potential winner's claimed address or return of prizes as undeliverable may result in disqualification and selection of an alternate winner, at the sole discretion of MOLI.com.
By entering this Sweepstakes, unless prohibited by law, each potential winner consents to use by the Sweepstakes Providers of his/her respective name, voice, photograph and/or likeness for advertising or publicity purposes for this and similar promotions without compensation, and the potential winner may be required to provide a signed release acknowledging such consent. Moreover, by entering this Sweepstakes, unless prohibited by law, the potential prize winners agree to grant to the Sweepstakes Providers, and their respective licensees, affiliates, and assigns, the right to print, publish, broadcast, and use, worldwide in any media now known or hereafter developed, including without limitation the World Wide Web, at any time or times, the prize winners’ respective name, likeness (actual or simulated), voice (actual or simulated), and biographical information as news or information and for advertising and promotional purposes without additional consideration; and further without such additional compensation, appear for, or provide biographical information for use in, any presentation or other activity which may include filming/audio/video/electronic or other recordings and/or interviews, as may be determined from time to time by MOLI.com in its sole discretion.
6. CONDUCT: THE RULES AND REGULATIONS WILL BE POSTED AT THE SWEEPSTAKES SITE THROUGHOUT THE ENTRY PERIOD. BY ENTERING AND PARTICIPATING IN THIS SWEEPSTAKES, EACH ENTRANT REPRESENTS AND WARRANTS THAT ALL INFORMATION PROVIDED BY ENTRANT IN CONNECTION WITH THE SWEEPSTAKES IS TRUE, ACCURATE AND COMPLETE. THE SWEEPSTAKES PROVIDERS RESERVE THE RIGHT, AT ANY TIME AND AT THEIR SOLE DISCRETION, TO DISQUALIFY AND/OR DEEM INELIGIBLE TO PARTICIPATE IN THIS SWEEPSTAKES OR ANY FUTURE SWEEPSTAKES OR OTHER PROMOTIONS OF THE SWEEPSTAKES PROVIDERS, ANY INDIVIDUAL IT SUSPECTS: TO BE TAMPERING WITH THE ENTRY PROCESS OR THE OPERATION OF THE SWEEPSTAKES OR THE SWEEPSTAKES SITE; TO BE ACTING IN VIOLATION OF THE RULES AND REGULATIONS OR THE SWEEPSTAKES SITE’S TERMS OF SERVICE, PRIVACY POLICY OR OTHER TERMS, CONDITIONS OR GUIDELINES; TO BE ACTING IN BAD FAITH OR IN A DISRUPTIVE MANNER, OR WITH THE INTENT TO ANNOY, ABUSE, THREATEN OR HARASS ANY OTHER PERSON; TO HAVE FAILED TO AGREE TO THESE RULES AND REGULATIONS; OR TO BE IN VIOLATION OF THESE RULES AND REGULATIONS. ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY INTERNET SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF THESE RULES AND REGULATIONS AS WELL AS CRIMINAL AND CIVIL LAWS. SHOULD MOLI.COM BELIEVE OR BECOME AWARE THAT SUCH AN ATTEMPT HAS BEEN, IS BEING, OR WILL BE MADE, MOLI.COM RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES FROM ANY RESPONSIBLE ENTRANT(S) AND OTHER RESPONSIBLE INDIVIDUAL(S) IN THE ATTEMPTED DAMAGE TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING WITHOUT LIMITATION CRIMINAL PROSECUTION.
7. RELEASE AND INDEMNIFICATION: BY ENTERING THE SWEEPSTAKES, ENTRANTS RELEASE AND HOLD THE SWEEPSTAKES PROVIDERS HARMLESS FROM AND AGAINST ANY AND ALL LOSSES, DAMAGES, RIGHTS, CLAIMS, AND ACTIONS OF ANY KIND ARISING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM THE SWEEPSTAKES OR PARTICIPATION IN ANY SWEEPSTAKES-RELATED ACTIVITY (INCLUDING WITHOUT LIMITATION THE REMOVAL FROM THE SITE OF, OR DISCONTINUATION OF ACCESS TO, ANY MATERIALS), OR RESULTING DIRECTLY OR INDIRECTLY, FROM ACCEPTANCE, POSSESSION, USE, OR MISUSE OF ANY PRIZE AWARDED IN CONNECTION WITH THE SWEEPSTAKES, INCLUDING WITHOUT LIMITATION PERSONAL INJURY, DEATH, AND/OR PROPERTY DAMAGE, AS WELL AS CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION, AND/OR INVASION OF PRIVACY.
8. LIMITATION OF LIABILITY: IN NO EVENT WILL THE SWEEPSTAKES PROVIDERS BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, ARISING OUT OF ANY ACCESS TO AND/OR USE OF THE SWEEPSTAKES SITE, THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM THE SWEEPSTAKES SITE, THE REMOVAL FROM THE SWEEPSTAKES SITE OF, OR DISCONTINUATION OF ACCESS TO, ANY MATERIALS, OR THE ACCEPTANCE, POSSESSION, USE, OR MISUSE OF, OR ANY HARM RESULTING FROM THE ACCEPTANCE, POSSESSION, USE OR MISUSE OF, OR PARTICIPATION IN, ANY PRIZE AWARDED IN CONNECTION WITH THE SWEEPSTAKES. WITHOUT LIMITING THE FOREGOING, THE SWEEPSTAKES, ALL PRIZES, AND ALL MATERIALS PROVIDED ON OR THROUGH THE SITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
9. GOVERNING LAW: The Sweepstakes and these rules and regulations are governed by and shall be construed in accordance with the substantive laws of the State of Florida (as distinguished from the choice of law rules) and the United States of America applicable to contracts made and performed entirely in Florida and where the relevant contacts are with such state. All applicable federal, state, and local laws and regulations apply.
10. MISCELLANEOUS:
(a) Dates and Deadlines: Because of the unique nature and scope of the Sweepstakes, MOLI.com reserves the right, in addition to those other rights reserved herein, to modify any date(s) or deadline(s) set forth in these rules and regulations or otherwise governing the Sweepstakes.
(b) Privacy: Information submitted in connection with the Sweepstakes will be treated in accordance with these rules and regulations and MOLI.com’s Privacy Policy (as may be amended from time to time), currently located at http://help.moli.com/display/1n/index.asp?tab=opt4&r=0.8650782; provided, that in the event of any conflict between these rules and regulations and such Privacy Policy, the terms and conditions of these rules and regulations shall prevail. By entering this Sweepstakes, you agree that MOLI.com may share your personal information with the Sweepstakes Providers for the purpose of prize fulfillment in the event that you are chosen as a potential winner. Additionally, by opting in to a specific offer by a Sweepstakes Provider, you agree to receive additional email communications from such Sweepstakes Provider and your personal information shall be governed by its privacy policy and terms of service.
(c) Severability; Headings: If any provision of these rules and regulations is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these rules and regulations and shall not affect the validity and enforceability of any remaining provisions. Headings and captions are used in these rules and regulations solely for convenience of reference, and shall not be deemed to affect in any manner the meaning or intent of these rules and regulations or any provision hereof.
(d) Winner: For a list containing the name(s) of winner(s), send a self-addressed stamped envelope after April 1, 2008 to: Winners List, “Starving Artist” Sweepstakes”, MOLI.com, Inc., 580 Village Boulevard, Suite 110, West Palm Beach, Florida 33409. Requests for Winners List must be received by May 31, 2008. WA and VT residents may omit return postage.
(e) Rule Requests: To receive a copy of these complete rules, send a self-addressed, stamped envelope to: Official Rules, “Starving Artist” Sweepstakes”, MOLI.com, Inc., 580 Village Boulevard, Suite 110, West Palm Beach, Florida 33409. Requests for Official Rules must be received by May 31, 2008. WA and VT residents may omit return postage.