1. ELIGIBILITY: EBATES PHOTO CONTEST (the "Contest" ) is open only to individuals who are legal residents of the fifty (50) United States or the District of Columbia (excluding Puerto Rico) and are eighteen (18) years of age or older at the time of entry. Employees of Ebates, and any of their affiliate companies, subsidiaries, agents, and advertising and promotional agencies, as well as the immediate family (spouse, parents, siblings, and children) and household members of each such employee are not eligible. The Contest is subject to all federal, state, and local laws and regulations and is void where prohibited by law.
2. SPONSOR: The Contest is sponsored by Ebates ("Sponsor").
3. AGREEMENT TO OFFICIAL RULES: Participation in the Contest constitutes entrant's full and unconditional agreement to and acceptance of these Official Rules and the decisions of Sponsors, which are final and binding. Winning a prize is contingent upon fulfilling all requirements set forth herein in a timely manner.
4. ENTRY PERIOD: The Contest begins on February 28th, 2011 and ends on March 7th, 2011 (11:59 PM PST) (the "Entry Period"). Entries received prior to or after the Entry Period will be disqualified.
5. ENTRY: To enter, visit http://www.ebates.com during the Entry Period, follow the links to the Contest page, and submit your vacation story as outlined in the instructions provided. You must be a registered Ebates member in order to enter the contest. Registration is free and requires a valid email address and password. THERE IS A LIMIT OF ONE (1) ENTRY PER PERSON. Potential winners who are discovered during prize verification to have entered or attempted to enter more than once may be disqualified at the sole discretion of the Sponsors. Any use of agencies or robotic, repetitive, automatic, programmed, or similar entry methods will void all entries by that entrant.
6. INFORMATION ON ENTRIES: By entering, you grant Sponsors the right, but not the obligation, to edit, remove, modify, publish, license, print, transmit, display or otherwise use the photo, and all accompanying personally identifiable information you submit, without notice to you and without further compensation. WARRANTY: You represent and warrant that (i) your entry is original to you and does not infringe upon or otherwise violate any right of any third party, and (ii) you have all rights necessary to submit the story, including all necessary authorizations and permissions from any persons included in your entry.
7. DETERMINATION OF WINNERS: On or about March 10th, 2011 one (1) winner will be choosen by Ebates. Winners will be announced on Facebook, Ebates Blog, and Twitter on or about March 10th. http://www.facebook.com/ebatesshopping. http://www.twitter.com/ebates
8. REQUIREMENTS OF THE POTENTIAL WINNERS: Except where prohibited, the potential winners will be required to complete and return an affidavit of eligibility and liability/publicity release (the "Affidavit/Release") within seven (7) days of being notified. If a potential winner fails to sign and return the Affidavit/Release within the required time period, Sponsors will select an alternate potential winner in his/her place. If a potential winner is a minor, his/her parent or legal guardian will be required to sign the Affidavit/Release on his/her behalf.
9. PRIZES: There will be one (1) prizes awarded. One (1) grand prize winner will be awarded a Club Med 7 Day All Inclusive Vacation for two (2) people.
10. Prizes are nontransferable and non-refundable and must be accepted as awarded. No cash or other substitution may be made, except by Sponsors, who reserve the right to substitute a prize with another prize of comparable or greater value. Winners are responsible for all taxes associated with receipt and use of prize.
11. GENERAL CONDITIONS: Sponsors reserve the right to cancel, suspend, and/or modify the Contest if any fraud, virus, or other technical problem corrupts the administration, security, or proper play of the Contest, as determined by Sponsors in their sole discretion. In such event, Sponsors reserve the right to award the prize at random from among the eligible entries received up to the time of the impairment. Sponsors reserve the right in their sole discretion to disqualify any individual they find to be tampering with the entry process or the operation of the Contest or to be acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner. Any attempt by any person to undermine the legitimate operation of the Contest may be a violation of criminal and civil law, and, should such an attempt be made, Sponsors reserve the right to seek damages from any such person to the fullest extent permitted by law. Sponsors' failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. In the event of a dispute as to any entry, the authorized account holder of the email address used to enter will be deemed to be the entrant. The "authorized account holder" is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address.
12. PUBLICITY: Except where prohibited, participation in the Contest constitutes each winner's consent to Sponsors' use of winner's name, likeness, voice, opinions, biographical information and state of residence for promotional purposes in any media, worldwide, without further payment or consideration.
13. PRIVACY: All information submitted by entrants as part of this Contest will be treated in accordance with Sponsors' Privacy Policies. Please see http://www.ebates.com.
14. RELEASE: By receipt of a prize, winner agrees to release and hold harmless Sponsors, each of their respective related companies and each such company's officers, directors, employees, and agents (the " Released Parties") from and against any claim or cause of action arising out of participation in the Contest or receipt or use of any prize.
15. LIMITATIONS OF LIABILITY: The Released Parties are not responsible for: (a) any inaccurate information, whether caused by entrants or printing errors; (b) unauthorized human intervention in any part of the Contest; (c) technical failures of any kind, including, but not limited to electronic malfunctioning of any network, hardware or software; (d) technical or human error which may occur in the administration of the Contest or the processing of entries; (e) lost, delayed, misdirected, or undeliverable mail; or (f) any injury or damage to persons or property including, but not limited to, death, which may be caused, directly or indirectly, in whole or in part, from entrant's participation in the Contest or receipt or use of any prize.
16. DISPUTES: Except where prohibited, entrant agrees that: (a) any and all disputes, claims and causes of action arising out of, or connected with, the Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in the State of California; (b) 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 attorneys' fees ; and (c) entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, entrant's rights and obligations, or the rights and obligations of the Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of State of California, without giving effect to any choice of law or conflict of law rules (whether of the State of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than State of California.