Terms and Conditions
Build Creative Writing Ideas Contest Official Rules
NO PURCHASE NECESSARY TO ENTER OR TO WIN. ALL FEDERAL, STATE, LOCAL AND MUNICIPAL LAWS AND REGULATIONS APPLY. VOID WHERE PROHIBITED.
Author Bryan Cohen and his website Build Creative Writing Ideas (“Build Creative Writing Ideas”), are offering you the chance to participate in a contest to write a story based on one of his writing prompts. This Freelance Contributor Agreement and Contest Rules (this “Agreement”) governs the submission of stories and is made by and between Build Creative Writing Ideas and the individual submitting a story (“Contributor”, “you” or “your”). By submitting a story, you hereby acknowledge that you have read, understand and accept the terms of this Agreement in their entirety and agree to be legally bound by such terms. For good and valid and consideration, the receipt and sufficiency of which are hereby acknowledged, and intending to be legally bound hereby, you and Build Creative Writing Ideas hereby agree as follows:
1. Eligibility. The "1,000 Prompts, 1,000 Dollars" Writing Contest (the “Contest”) is open to all United States and United Kingdom citizens and legal residents 18 years of age and older who maintain a valid e-mail account. Employees of Build Creative Writing Ideas and each of their respective affiliated companies or agents and their immediate family members (spouse, children, step-children, parents, step-parents, siblings and in-laws), and any person domiciled with such employees, are not eligible. Build Creative Writing Ideas is not responsible for transmission failures or errors in any promotional graphics or advertisements. Winners must be in compliance with this Agreement and all Contest rules to collect a prize. Void where prohibited by law.
2. Method of Entry; Deadline for Submission. The contest begins at CST 12:01am on November 15, 2013, and all links story entries must be received via e-mail at email@example.com. The deadline for submission is December 22, 2013, 11:59 PM CST. Each entry must be posted to a valid blog or website and must include a link to the prompt page used and a link to the writing contest page on Build Creative Writing Ideas. The e-mail must also include the Contributor's name and valid email address. You are responsible for providing true and accurate name and contact information in conjunction with your submission. The story must be based on a prompt from one of the 10 available pages available at:
Stories that include content that violates the rights of third parties (including, but not limited to, rights of copyright) or are deemed to be obscene or libelous will be disqualified upon discovery of any such violation.
Stories submitted must also adhere to the following requirements:
· Length: Story must be longer than 500 words and shorter than 1,500 words.
· Content: Story should be the start of a larger story.
Up to three entries may be submitted per individual.
The Contest is a competition of skill and not a game of chance or a sweepstakes. All stories will be evaluated based on their literary appeal, originality, and creativity, as determined by Build Creative Writing Ideas in its sole and absolute discretion. All determinations by Build Creative Writing Ideas and by the judges in connection with the Contest, including its selection of a winner or winners, shall be final, binding and conclusive.
Build Creative Writing Ideas may terminate or revoke the Contest and/or any offer or promotion related thereto at any time by posting a notice on www.build-creative-writing-ideas.com/writing-contest.html (the “Site”); Build Creative Writing Ideas may also modify the Contest rules at any time by posting amended rules on the Site. It is your responsibility to periodically check the Site to familiarize yourself with the current version of the Contest rules. The winner(s) of the Contest are responsible for all taxes, duties and other governmental charges that may be payable with respect to a prize, and Build Creative Writing Ideas shall have the right, but not the obligation, to withhold any amounts from any prize that the Build Creative Writing Ideas in its sole discretion determines are required to be withheld or paid to any governmental authority. Notwithstanding any event contemplated in this Section 3 (including any modification, revocation or termination of the Contest or the voiding of any offer or promotion relating to the Contest, Sections 5-9 below shall remain in full force and effect and shall not be held to be rescinded, unenforceable or otherwise ineffective for failure of consideration or any other reason. You understand and agree that submission of a story and your acceptance of the terms of this Agreement do not guarantee that you will be selected as a winner in the Contest.
4. Prizes. Prizes will be awarded to eligible winners, as follows:
· One (1) grand prize winner will be selected to receive a $500 gift card to Amazon.
· Four (4) first prize winners will receive a $50 gift card to Amazon.
· One hundred (100) honorable mentions will receive a free digital copy of 1,000 Creative Writing Prompts, Volume 2 (Retail value: $2.99)
5. Winner Notification and Acceptance. Winners will be notified via email on or about January 12, 2014. There shall be no prize substitutions and all prizes are non-transferable. The Contest winners will be solely responsible for the reporting and payment of any taxes, if applicable, as well as all other costs associated with claiming the prize. Winners must remain in compliance with all the terms of this Agreement in order to collect a prize.
6. License and Assignment of Intellectual Property.
By participating, you agree to be bound by this Agreement and the decisions of the judges. Build Creative Writing Ideas reserves the right to disqualify persons found tampering with or otherwise abusing any aspect of the Contest as solely determined by Build Creative Writing Ideas. In the event the Contest is compromised by tampering or other causes beyond the reasonable control of Build Creative Writing Ideas which corrupts or impairs the administration, security, fairness or proper operation of the Contest, Build Creative Writing Ideas reserves the right in its sole discretion to suspend, modify or terminate the Contest. Should the Contest be terminated prior to the stated expiration date, Build Creative Writing Ideas reserves the right to award prizes based on the entries received prior to the termination date. All decisions regarding disqualification of entries shall be at the sole discretion of Build Creative Writing Ideas and the judges. Build Creative Writing Ideas is not liable for lost, late, delayed, damaged, incomplete, or misdirected entries. Build Creative Writing Ideas shall also not be liable for email or transactions that are lost or for failure to receive entries due to transmission failures or technical failures of any kind, including, without limitation, malfunctioning of any network, hardware, or software, whether originating with sender or with Build Creative Writing Ideas. In the event of a dispute, the story entry in question shall be deemed to have been submitted by the owner of the email account sending the story. For these purposes, an email account holder shall mean the natural person assigned to such email account by the Internet service provider, online service provider or other organization responsible for assigning email addresses for the domain associated with such email account.
7. Limitations of Liability. By entering the Contest, entrants and their affiliated organization, if any, hereby agree that all disputes, claims, and causes of action arising out of or in connection with the Contest, or any prizes awarded, shall be resolved individually without resort to any form of class action. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Build Creative Writing Ideas SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT OR SPECIAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING IN ANY WAY OUT OF THIS AGREEMENT OR THE CONTEST (INCLUDING DAMAGES FOR LOST PROFITS, BUSINESS, REVENUES OR OPPORTUNITIES), WHETHER IN TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR INDEMNIFICATION, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE, AND YOU HEREBY SPECIFICALLY WAIVE THE RIGHT TO CLAIM THAT ANY ATTORNEY’S FEES BE AWARDED. TO THE EXTENT THAT, NOTWITHSTANDING THE FOREGOING, Build Creative Writing Ideas CAN BE HELD LIABLE FOR ANY DAMAGES, YOU HEREBY WAIVE ANY STATUTORY, COMMON LAW OR OTHER LEGAL RIGHTS TO MAKE ANY CLAIMS FOR ANY AMOUNTS OUTSIDE OF ACTUAL OUT-OF-POCKET COSTS IN ENTERING THE CONTEST, YOU AGREE TO LIMIT YOUR OUT-OF-POCKET COSTS TO FIFTY DOLLARS (US $50.00), AND YOU FURTHER AGREE THAT Build Creative Writing Ideas’S AGGREGATE LIABILITY IN CONNECTION WITH THIS AGREEMENT AND THE CONTEST SHALL IN NO CASE EXCEED $50. The foregoing limitations of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
8. Construction. All issues and questions concerning the construction, validity, interpretation and enforceability of this Agreement, or the rights and obligations of any Contributor and their affiliated organization or Build Creative Writing Ideas, shall be governed by and construed in accordance with the laws of Illinois without giving effect to any choice of laws or conflict of laws rules or provisions that would cause the application of the laws of any jurisdiction other than Illinois. Any action or proceeding arising out of or relating to this Agreement shall be brought in the state and federal courts of record of and for Chicago, Illinois. Contributor consents to the jurisdiction of such courts in any such action or proceeding and waives any objection to the laying of venue of any such action or proceeding in such court. In the event that any provision herein is determined to be invalid or otherwise unenforceable, these rules shall be construed in accordance with their terms as if the invalid or unenforceable provisions were not contained therein and the provisions deemed unenforceable or invalid by a court of competent jurisdiction shall be blue penciled as narrowly as possible in order to make the provisions valid and enforceable. If Build Creative Writing Ideas prevails in any action or proceeding to enforce this Agreement or arising out of your story or participation in the Contest, Build Creative Writing Ideas shall be entitled to recover, in addition to all other available legal and equitable relief, its legal costs and fees, including reasonable attorneys’ fees. Any waiver by Build Creative Writing Ideas of any term or condition of this Agreement or any breach thereof shall be in writing, executed by Build Creative Writing Ideas, and any such waiver, in any one instance, will not waive such term or condition in any other instance or any subsequent breach thereof. This Agreement is not assignable by you. Build Creative Writing Ideas may assign its rights under this Agreement without condition to any third party or affiliated entity. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
9. General Release. By entering the Contest, you agree to release Build Creative Writing Ideas, each prize provider, and their affiliated companies, agents, licensees, distributors, partners, service providers, publicists, representatives, agents, successors and assigns from and against all claims and damages arising in connection with your participation and/or entry in the Contest (including, without limitation, claims, costs, injuries, losses or damages related to rights of publicity or privacy, defamation or portrayal in a false light) and/or your receipt or use of any prize awarded in the Contest, including, without limitation, any injury or harm resulting from the use of the prize or any activity related thereto. Prizes are awarded “as is” with no warranty or guarantee, expressed or implied, outside of the manufacturer’s limited warranty, if any.