1. THE CONTEST. The "How Hot Are You" contest (the "Contest") is sponsored by the Ventura Visitors and Convention Bureau, Inc. (the "Bureau"). You do not need to purchase anything to enter or win. Participation in the Contest constitutes your full and unconditional acceptance of these Official Rules. The Contest is void where prohibited, taxed or otherwise restricted by law. Questions about the Contest should be addressed to Jim Luttjohan, Executive Director of the Bureau.
2. WHO IS ELIGIBLE. You must be eighteen years of age or older and be a legal resident of the United States. Persons who are officers, directors or employees of the Bureau, immediate family members of an officer, director or employee of the Bureau or who live in the same household as such persons are also not eligible to enter the Contest.
3. HOW TO ENTER. In order to be eligible to win, you must complete your entry on-line and it must be received by the Bureau no later than 11:59 p.m. Pacific time on September 30, 2010 ("Contest Deadline"). You may only submit one entry. Your entry must contain a valid first and last name, valid e-mail address, valid daytime telephone number, valid U. S. mailing address, photo in .jpg format and an authorization and release (in the form set forth at the end of these Official Contest Rules) signed by each person (or the parent or legal guardian of any minor) depicted in any photo submitted in conjunction with any entry. Incomplete entries, multiple entries by the same person, entries generated by robot, script, macro or other automated device, faxed entries and entries sent by hand delivery or mail are void will be disqualified. In the event of a question concerning the identity of an on-line entrant, eligible electronic entries will be considered made by the "Authorized Account Owner" of the email address submitted at the time of entry. "Authorized Account Owner" means the natural person who is assigned to an e-mail address by an Internet access provider, on-line service provider or other entity that is responsible for assigning e-mail addresses for the domain associated with the e-mail address submitted with the entry.
4. JUDGING CRITERIA. Entries will be judged by visitors to the Bureau's website. The winner will be the entry that receives the most votes for the "hottest entrant."
5. PRIZES. The Grand Prize Winner will receive lodging in Ventura for up to four people for two nights with breakfast included and a day trip to the Channel Islands National Park on a vessel operated by Island Packers. Transportation to and from and within Ventura and expenses incurred in connection with traveling to Ventura are not included. All accommodations, transportation and other prize components are subject to availability at the time of booking. All prizes must be used within twelve months of the Contest Deadline. Prizes are not redeemable in cash and must be accepted as awarded. Winners may not assign to others, exchange or transfer prizes. The Bureau retains the right, in its sole and absolute discretion, to substitute prizes of equivalent kind or approximate value in the event any prize or component of the prize is unavailable for any reason. The Bureau is not liable for any loss, damages or injury associated with the acceptance or use of any prize. By claiming a prize, the winner grants the Bureau permission to photograph and to record winner's likeness and voice and to use winner's name, age, place of residence, voice, image, likeness and any information submitted by winner in connection with winner's entry for advertising and promotional purposes without additional compensation or approval.
6. SELECTION OF WINNERS. The Bureau will select a Grand Prize Winner on or about October 10, 2010. Notification will be made by contacting the Grand Prize Winner at the e-mail address and telephone number provided on his or her entry. If Bureau is unable to contact the Grand Prize Winner at the e-mail address and telephone number provided on his or her entry, if the Grand Prize Winner fails to claim the prize within ten days of the date of the Bureau's first notification attempt or if the Grand Prize Winner declines to accept the prize, the Bureau may select an alternate Grand Prize Winner. If the Bureau determines that no entries meet the requirements of the Contest, the Bureau reserves the right not to award the prize. By participating in the Contest, you release the Bureau, its affiliates, contractors, agents, advertising and promotion agencies and the officers, directors, employees and agents of each from any and all liability, damages or causes of action (however named or described) for all injuries, damages or losses to persons and property which may be sustained in connection with receipt, enjoyment, ownership or use of the prize.
7. PARTICIPANT AGREEMENT. By submitting an entry, you agree to adhere to these Official Rules and that the decisions of the Bureau are final and binding in all matters relating to the Contest including the selection of winners. You also agree that the Bureau retains absolute discretion to determine whether entries meet the requirements of the Contest as set forth in these Official Rules.
8. EARLY TERMINATION. The Bureau retains the absolute right to terminate the Contest prior to the Contest Deadline for any reason with or without notice. If the Bureau terminates the Contest before the Contest deadline, it may decline to award any prize or it may select a winner from among all eligible on-line entries received prior to the time of termination.
9. LIMITATION OF LIABILITY. All Internet access and usage charges are the responsibility of the entrant. The Bureau is not responsible for lost, late, misdirected, mishandled, damaged and illegible entries; errors and delays in transmission of entries on account of technical problems or traffic congestion on the Internet or at any Web site or any combination thereof; theft, destruction or unauthorized access to or alterations of entry materials; malfunctions or defects in hardware, software and equipment of any type; or injury or damage to entrant's or any other person's computer.
10. DISPUTES. By submitting an entry, you agree that: (1) any and all disputes, claims, and causes of action arising out of or in connection with this Contest, or any prizes awarded, shall be resolved individually, without resort to any form of class action; (2) any judicial proceeding shall take place in a federal or state court within the State of California; (3) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this contest, but in no event attorneys' fees or expenses of litigation; and (4) under no circumstances will any entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, punitive, incidental, and consequential damages, and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant and the Bureau in connection with the Contest, shall be governed by, and construed in accordance with the laws of the State of California, without giving effect to any choice of law or conflict of law rules or provisions (whether of the State of California or any other jurisdiction), that would cause the application of the laws of any jurisdiction other than the State of California.
LEGAL WARNING: ANY ATTEMPT BY AN INDIVIDUAL, WHETHER OR NOT AN ENTRANT, TO DELIBERATELY DAMAGE, DESTROY, TAMPER OR VANDALIZE THIS WEB SITE OR INTERFERE WITH THE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. THE BUREAU RESERVES THE RIGHT TO SEEK DAMAGES AND DILIGENTLY PURSUE ALL REMEDIES AGAINST ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
AUTHORIZATION AND RELEASE
I hereby grant to Ventura Visitors and Convention Bureau, Inc. ("the Bureau") and its successors and assigns irrevocable permission to copyright (in its own name or otherwise) and to publish, republish and reproduce for any purpose through any medium and in all media (now existing or existing at any time in the future) and without compensation payment all photographic pictures, images and likenesses I submit that depict me and/or any minors for which I am legally responsible. I also consent to the use by the Bureau and its successors and assigns of my name and/or the names of any minors for which I am legally responsible in connection with the publication, republication or reproduction of any photographic pictures, images and likenesses I submit or in connection with any contest sponsored by the Bureau. All photographic pictures, images or likenesses submitted by me may be published in any manner, including in advertising, periodicals, trade show exhibits and promotional materials. I hereby hold harmless the Bureau, its officers, directors, employees, representatives, successors and assigns, from any liability arising from or relating to the use, publication, republication or dissemination of any photographic pictures, images and likenesses I submit to the Bureau.
I affirm that I am more than 18 years of age and that I am competent to sign this contract on my own behalf. I acknowledge that I have carefully read this authorization and release. I fully understand the authorization and release I am giving, and I am signing it voluntarily.