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Qualcomm FANtasking Photo Contest
Official Rules

NO PURCHASE OR PAYMENT NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.

1. Eligibility: Qualcomm FANtasking Photo Contest (the “Contest”) is open only to legal residents of the fifty (50) United States and the District of Columbia who are at least eighteen (18) years old (except in the case of legal residents of certain states where the legal age of majority is greater than eighteen (18) years of age, such legal age of majority) at the time of entry and who did not purchase any equipment for the purposes of entering this Contest. Employees of Qualcomm Incorporated, Daniel J. Edelman, Inc. ("Edelman"), the MLB Entities (as that term is defined below), ePrize, Inc., and any of their parent and affiliate companies, subsidiaries, licensees (including broadcast licensees), distributors, concessionaires, merchandisers and any and all other entities associated with the Contest as well as the immediate family (spouse, parents, siblings and children) and household members of each such employee are not eligible. The “MLB Entities” shall mean the Office of the Commissioner of Baseball (“BOC”), its Bureaus, Committees, Subcommittees and Councils, MLB Advanced Media, L.P. ("MLBAM" or "MLB.com"), Major League Baseball Enterprises, Inc., Major League Baseball Properties, Inc., the Major League Baseball Clubs (“Clubs”), each of their parent, subsidiary, affiliated and related entities, any entity which, now or in the future, controls, is controlled by, or is under common control with the Clubs or the BOC, and the owners, general and limited partners, shareholder, directors, officers, employees and agents of the foregoing entities. The Contest is subject to all applicable federal, state, and local laws and regulations and is void where prohibited.

2. Sponsor: Qualcomm Incorporated, 5775 Morehouse Drive, San Diego, CA 92121. Administrator: ePrize, Inc., One ePrize Drive, Pleasant Ridge, MI 48069.

3. Agreement to Official Rules: Participation in this Contest constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor’s and Administrator’s decisions, which are final and binding in all matters related to this Contest. Winning a prize is contingent upon fulfilling all requirements set forth herein.

4. Timing: The Contest begins on September 9, 2013 at 12:00 a.m. Eastern Time ("ET") and ends on October 25, 2013 at 11:59 p.m. ET (the "Contest Period"). The Contest Period consists of six (6) weekly submission phases (each a "Weekly Submission Phase" and collectively, the “Submission Phase”) beginning on September 9, 2013 and ending on October 20, 2013, and a voting phase (the "Voting Phase") beginning on October 22, 2013 at 12:00 a.m. ET and ending on October 25, 2013 at 11:59 p.m. ET. Each Weekly Submission Phase begins at 12:00 a.m. ET on Monday of each calendar week during the Submission Phase and ends on the following Sunday at 11:59 p.m. ET, with the exception of the first Weekly Submission Phase, which begins on September 9, 2013 at 12:00 a.m. ET and ends on Sunday, September 15, 2013 at 11:59 p.m. Edelman's computer is the official time-keeping device for the Contest.

5. How to Enter: There are two (2) ways to enter during each Weekly Submission Phase:

a. Enter via Facebook: Log into or create your Facebook account and visit the FANtasking application on the Qualcomm Page on Facebook (https://www.facebook.com/qualcomm). If you don’t already "like" the Qualcomm Page, you must first click on the "like" button in order to access the application. Then, you will advance to the authorization page where you will be required to authorize Sponsor to pull your profile information and other content in order to participate in the Contest. Follow the links and instructions to complete and submit the registration form, including a valid home address. P.O. Boxes are not permitted. Then, follow the directions to upload one (1) photo that displays your best "FANtasking" moment ("FANtasking", herein defined as the "Contest Theme", is being a 21st Century sports fan, who is constantly receiving information about action on the field, interacting with fans, and making the most of a game-related experience), herein referred to as your submission ("Submission").
b. Enter via Twitter: Log into or create your Twitter account and "Follow" @Qualcomm. Then, tweet your Submission, along with one (1) of the following hashtags: #FANtasking, #FANtasker, or #FANtask. If you post updates to or receive updates from www.twitter.com via SMS from your wireless phone, your wireless-service provider may charge you for each text message you send and receive. Please consult your wireless-service provider regarding its pricing plans. All terms and conditions of www.twitter.com apply.

 

By uploading your Submission, you agree that your Submission conforms to the Photo Guidelines and Content Restrictions as defined below (collectively, the “Guidelines and Restrictions”) and that Sponsor, in its sole discretion, may remove your Submission and disqualify you from the Contest if it believes that your Submission fails to conform to the Guidelines and Restrictions.

Photo Guidelines:

  • The Submission must be in .jpeg or .jpg format;
  • The Submission must not exceed 5 MB or 100K in size; and
  • The Submission cannot have been submitted previously in a promotion of any kind.

Content Restrictions:

  • The Submission must not contain material that violates or infringes another’s rights, including but not limited to privacy, publicity or intellectual property rights, or that constitutes copyright or trademark infringement; provided, however, that the Submission may contain the word marks and/or logos of any of the Clubs or any other MLB Entities;
  • The Submission must not disparage Sponsor, Administrator, the MLB Entities or any other person or party affiliated with the Contest;
  • The Submission must not contain images or artwork not created by entrant;
  • The Submission must not contain material that is inappropriate, indecent, obscene, hateful, tortious, defamatory, slanderous or libelous;
  • The Submission must not contain material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age; and
  • The Submission must not contain material that is unlawful, in violation of or contrary to the laws or regulations in any state where Submission is created.

Limit: Each entrant may upload one (1) Submission per day during each Weekly Submission Phase. Submissions received from any person or email address in excess of the stated limit will be void. No Submissions submitted during one Weekly Submission Phase will constitute an eligible submission for any other Weekly Submission Phase. Entrants to any Weekly Submission Phase who do not win must re-enter in order to be eligible to win any subsequent Weekly Submission Phase(s) as non-winning eligible entries from one Weekly Submission Phase will not carry-over into subsequent Weekly Submission Phases.

Submissions generated by script, macro or other automated means are void. Entrant must have permission from all individuals that appear in the Submission (if any) to use their name and likeness in the Submission and to grant the rights set forth herein. If requested, entrant must be able to provide such permissions in a form acceptable to Sponsor. By uploading or Tweeting a Submission, entrant grants to Sponsor, MLB Entities, or its designees associated with this Contest a royalty-free, irrevocable, perpetual, non-exclusive license to use, reproduce, modify, publish, create derivative works from, and display any of the entrant’s uploaded Submission in whole or in part, on a worldwide basis, and to incorporate it into other works, in any form, media or technology now known or later developed, including, but not limited to, for promotional or marketing purposes relating to the products and services of Sponsor and the MLB Entities and on (including, but not limited to): facebook.com/qualcomm, facebook.com/mlb, fantasking.qualcomm.com, qualcomm.com. If requested, entrant will sign any documentation that may be required for Sponsor or its designees to make use of the non-exclusive rights entrant is granting to use the Submission as set forth in the immediately preceding sentence. Released Parties (as defined in Section 9, below) are not responsible for lost, late, stolen, damaged, incomplete, invalid, un-intelligible, garbled, delayed or misdirected Submissions; all of which will be void.

In the event of a dispute as to any Submission, the authorized account holder of the email address used to register will be deemed to be the entrant and must comply with these Official Rules. 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. Each entrant may be required to show proof of being an authorized account holder.

6. Winner Determination: Winners will be determined according to the process set forth below.

a. Judging: After each Weekly Submission Phase, a panel of qualified judges determined by Sponsor in its sole discretion will select the entrant with the highest-scoring Submission (the "Finalist") from among all eligible Submissions for the applicable Weekly Submission Phase based on the following criteria (“Judging Criteria”):

  • Creativity/Originality (33%);
  • Quality of Submission (33%); and
  • Fit to Contest Theme (34%).

In the event of a tie, the entrant whose Submission received the highest score for Fit to Contest Theme, as determined by the qualified judges, in their sole discretion, will be deemed the applicable Finalist. Sponsor reserves the right to select fewer than one (1) Finalist per Weekly Submission Phase, if, in its sole discretion, it does not receive a sufficient number of eligible and qualified Submissions. Each Finalist will be deemed a potential First Prize winner.

b. Voting: During the Voting Phase, the Finalists' Submissions will be posted in an online gallery for public voting on the FANtasking application on the Qualcomm Page on Facebook. Persons who meet the eligibility criteria as set forth in Section 1 will be invited to vote for the Submission they believe has the most public appeal. Limit: Each person may vote one (1) time per day during the Voting Phase. Multiple votes received from any person or email address in excess of the stated number will be void. Any attempt by any Finalist or voter to obtain more than the stated number of votes by any fraudulent or inappropriate means, including without limitation, offering prizes or other inducements to members of the public as determined by Sponsor in its sole discretion, by using any automated program, by using multiple/different email addresses, identities, registrations and logins, or any other methods, will void those votes for the Finalist's Submission and Finalist may be disqualified as determined by Sponsor in its sole discretion. The Finalist whose Submission receives the highest number of valid votes during the Voting Phase will be deemed the potential Grand Prize winner. Subject to verification of eligibility and compliance with these Official Rules, the potential Grand Prize winner will be deemed the official Grand Prize winner of the Contest. In the event of a tie, the entrant whose Submission received the highest score for Fit to Contest Theme, as determined by the qualified judges in their sole discretion, will be deemed the potential Grand Prize winner from amongst the tied Finalists. Sponsor reserves the right, in its sole discretion, to select an alternate Grand Prize winner should the voting appear to have been tampered with or manipulated in any way. Any ranking or leaderboard showing voting results is preliminary only and not a final determination of the voting; Sponsor reserves the right to verify the validity of any votes cast for any particular Finalist and to disqualify any votes that Sponsor deems in its sole discretion to have violated these Official Rules.

7. Winner Requirements: Potential First Prize winners will be notified after the end of each Weekly Submission Phase by email or direct message from @Qualcomm to the Twitter account used to enter the Contest. The potential Grand Prize winner will be notified by email or direct message from @Qualcomm to the Twitter account used to enter the Contest on or around October 28, 2013. If applicable, in order to receive the direct message, your account settings must be set to "unprotected" and/or "public". Except where prohibited, each potential winner will be required to sign and return a Declaration of Compliance, Liability and Publicity Release, which must be received by Administrator within seven (7) days of the date notice or attempted notice is sent, in order to claim his/her prize. If a potential winner cannot be contacted, fails to follow the prize claim instructions provided as part of the direct message (if applicable), fails to execute and return the Declaration of Compliance, Liability and Publicity Release or provide any other requested information within the required time period, does not comply with these Official Rules, or the prize is returned as undeliverable, said potential winner forfeits the prize. If a potential winner is disqualified for any reason, the prize may be awarded to a runner-up, if any, in Sponsor’s sole discretion. Only three (3) alternate potential winners may be determined, after which the applicable prize will remain un-awarded. Acceptance of any prize shall constitute and signify each winner’s agreement and consent that Sponsor, MLB Entities and their designees may use the winner’s name, city, state, likeness, photo, Submission and/or prize information in connection with the Contest for promotional, advertising or other purposes, worldwide, in any and all media now known or hereafter devised, including the Internet, without limitation and without further payment, notification, permission or other consideration, except where prohibited by law. Without limiting the generality of these Official Rules, each winner shall irrevocably grant, transfer, convey and assign to Sponsor the entirety of the rights in and to the Submission and all renewals and extensions of copyright, and the right to secure copyright registrations thereto in perpetuity including, without limitation, the rights to use the Submission for any and all purposes in any and all media whether now known or hereafter developed, on a worldwide basis. Each winner accepts and acknowledges that Sponsor shall not be obligated to use the Submission and that Sponsor in its sole discretion shall have the right to refrain from using the Submission. Sponsor shall not incur any liability whatsoever to the extent Sponsor chooses to refrain from any exploitation of its rights hereunder. Each winner will indemnify Sponsor, Released Parties (as defined in Section 9, below) and any licensee of Sponsor against all claims, damages, liabilities, and expenses (including reasonable counsel fees and legal expenses) arising out of any breach of these Official Rules and any terms and conditions contained in them. First Prizes will be fulfilled no later than 8 – 10 weeks after winner confirmation.

8. Prizes: ONE (1) GRAND PRIZE: A trip for Grand Prize winner and one (1) guest to a 2014 MLB Regular Season Opening Day Game in a location of Grand Prize winner's choice, subject to availability, in the continental United States. Trip package includes round trip, coach-class air transportation for two (2) from a major airport near Grand Prize winner’s home (determined by Sponsor in its sole discretion) to a major airport near the city hosting the selected Opening Day game; two (2) nights' accommodations at a hotel determined by Sponsor in its sole discretion (single room, double occupancy); admission for Grand Prize winner and one (1) guest to the MLB 2014 Opening Day Game of winner's selection; ground transportation to and from airport and hotel and game; and travel agent services (the “Grand Prize”). Grand Prize winner and guest must travel on the dates determined by Sponsor in its sole discretion or prize will be forfeited. Trip must be booked at least twenty-one (21) days prior to departure. Travel and accommodations are subject to availability and blackout dates. Travel must be round trip. Sponsor will determine airline and flight itinerary in its sole discretion. No refund or compensation will be made in the event of the cancellation or delay of any flight. In addition, if Grand Prize winner and guest are not able to or refuse to travel on the dates and itinerary once confirmed by Sponsor, then Sponsor may disqualify Grand Prize winner. Travel is subject to the terms and conditions set forth in the Contest Official Rules, and those set forth by Sponsor’s airline carrier of choice as detailed in the passenger ticket contract; if the Grand Prize winner lives within two hundred (200) miles of the location of the MLB 2014 Opening Day Game selected then Sponsor may arrange alternative transportation to air transportation. All expenses and incidental travel costs not expressly stated in the package description above, including but not limited to, ground transportation, meals, incidentals, gratuities, passenger tariffs or duties, airline fees, surcharges, airport fees, service charges or facility charges, personal charges at lodging, security fees, taxes or other expenses are the responsibility solely of Grand Prize winner. Unless child of Grand Prize winner, travel companion must be eighteen (18) years of age or older as of the date of departure or a sibling/friend of winner with the appropriate parental permissions and releases and must travel on same itinerary and at the same time as the Grand Prize winner. Travel companion must execute liability and, unless prohibited by law, publicity releases prior to issuance of travel documents. Travel restrictions, conditions and limitations may apply. If in the judgment of Sponsor air travel is not required due to Grand Prize winner’s proximity to prize location, ground transportation will be substituted for round trip air travel at Sponsor’s sole discretion. Sponsor will not replace any lost, mutilated, or stolen tickets, travel vouchers or certificates. Sponsor and the MLB Entities are not responsible if the Opening Day game is delayed, postponed or cancelled for any reason and Grand Prize winner will not be reimbursed for tickets. Seating and timing to be determined in the sole discretion of Sponsor. Tickets may be subject to standard rain-check policies and procedures. By accepting ticket prize, Grand Prize winner and his/her guest agree to abide by any terms, conditions and restrictions provided by the ticket. Sponsor and MLB Entities are not responsible if Grand Prize winner does not use ticket on day of Opening Day game. Grand Prize winner and his/her guest agree to comply with all applicable stadium regulations in connection with the Grand Prize. Sponsor and the applicable MLB Entities reserve the right to remove or to deny entry to Grand Prize winner and/or any travel companion who engages in a non-sportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten, or harass any other person at the game, exhibition or event. Major League Baseball game, event and exhibition dates and times are determined in the sole discretion of the Office of the Commissioner of Baseball and/or the applicable Major League Baseball Club, as applicable, and may be subject to change. The terms and conditions of the tickets awarded as part of the Prize will govern in the event a legal game, event or exhibition, as defined by Major League Baseball, is not played due to weather conditions, an act of God, an act of terrorism, civil disturbance or any other reason. Winner and his/her guest(s) agree to comply with all applicable ballpark regulations in connection with the Prize. Released Parties will not be responsible for weather conditions, Acts of God, acts of terrorism, civil disturbances, work stoppage or any other natural disaster outside their control that may cause the cancellation or postponement of any Major League Baseball game, event or exhibition. Major League Baseball game, event and exhibition tickets awarded as prizes may not be resold or offered for resale. Any such resale may result in disqualification and Grand Prize forfeiture, and may invalidate the license granted by the game ticket(s). Approximate Retail Value (“ARV”) of Grand Prize: $4,875. Actual value may vary based on airfare fluctuations and distance between departure and destination. Grand Prize winner will not receive difference between actual and approximate retail value.

SIX (6) FIRST PRIZES (one (1) per Finalist): A Samsung Galaxy S4 (each a “First Prize”). ARV of each First Prize: $750. The actual value of electronic prizes is subject to price fluctuations in the consumer marketplace based on, among other things, any gap in time between the date the ARV is estimated for purposes of these Official Rules and the date the prize is awarded or redeemed. Phone prizes consist of the phone only; each First Prize winner is solely responsible for obtaining voice and/or data services plan(s) with an appropriate mobile operator.

For All Prizes: Prizes are non-transferable and no substitution will be made except as provided herein at Sponsor’s sole discretion. Sponsor reserves the right to substitute a prize for one of equal or greater value if the designated Prize (or any portion thereof) should become unavailable for any reason. Winners are responsible for all taxes and fees associated with prize receipt and/or use. Limit: One (1) First Prize per person.

9. Release: By receipt of any prize, winners agree to release and hold harmless Sponsor, Edelman, the MLB Entities, Facebook, Inc., Administrator and their respective parent companies, subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and prize suppliers, and each of their respective parent companies and each such company’s officers, directors, employees and agents (collectively, the “Released Parties”) from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Contest or receipt or use or misuse of any prize (or any portion thereof) or any travel or attendance at any event relating to the prize.

10. General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Contest, or any part of it, if any fraud, technical failures, human error or any other factor impairs the integrity or proper functioning of the Contest, as determined by Sponsor in its sole discretion. If terminated Sponsor may, in its sole discretion, determine the winners from among all non-suspect, eligible Submissions received up to time of such action using the judging procedure outlined above. Sponsor, in its sole discretion, reserves the right to disqualify any individual it finds to be tampering with the Submission process or the operation of the Contest or to be acting in violation of the Official Rules of this or any other promotion or in an unsportsmanlike or disruptive manner and void all associated Submissions. Any attempt by any person to deliberately undermine the legitimate operation of the Contest may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages and other remedies (including attorneys’ fees) from any such person to the fullest extent permitted by law. Released Parties’ failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Contest materials and the terms and conditions of these Official Rules, the Official Rules shall prevail, govern and control.

11. Limitations of Liability: Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrant, printing, typographical or other errors or by any of the equipment or programming associated with or utilized in the Contest; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the Submission process or the Contest; (4) printing, typographical, technical, computer, network or human error which may occur in the administration of the Contest, the uploading, the processing or judging of Submissions or votes or the tabulating of votes, the announcement of the prizes or in any Contest-related materials; (5) late, lost, undeliverable, damaged or stolen mail; or (6) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Contest or receipt or use or misuse of any prize (including any travel/activity related thereto). Released Parties are not responsible for misdirected or undeliverable Submissions or for any technical problems, malfunctions of computer systems, servers, providers, hardware/software, lost or unavailable network connections or failed, incomplete, garbled or delayed computer transmission or any combination thereof. Released Parties are not responsible for any unauthorized third party use of any Submission.

12. Disputes: Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the Southern District of California or the appropriate California State Court located in San Diego County, California (2) 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; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, 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 the entrant and Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of Michigan 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 the State of California.

13. Entrant's Personal Information: Information collected from entrant is subject to Sponsor’s Privacy Policy http://www.qualcomm.com/privacy-policy.

14. Winner List: For a winner list, visit http://bit.ly/12UUtzg. The winner list will be posted after winner confirmation is complete.

© 2013 ePrize, Inc. All rights reserved.

Sponsor is a promotional partner of Major League Baseball Properties, Inc. Major League Baseball trademarks and copyrights used with permission of the applicable MLB Entity. Contest not produced or executed by any MLB Entity.

This Contest is in no way sponsored, endorsed or administered by, or associated with, Facebook. You understand that you are providing your information to Sponsor and not to Facebook.