YOUR FAT CHANCE
OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR WIN
1. Eligibility: Your Fat Chance (the "Promotion") is open only to legal residents of the fifty (50) United States (including D.C.) and Canada (excluding Quebec) who are at least twenty-one (21) years old at the time of entry and who did not purchase any products, services or equipment for the purposes of entering this Promotion. Employees of Resort Rental, LLC, ePrize, LLC, and any of their parent and affiliate companies as well as the immediate family (spouse, parents, siblings and children) and household members of each such employee are not eligible. The Promotion is subject to all applicable federal, state, provincial, municipal, territorial, and local laws and regulations. Void in Quebec and where prohibited. The Promotion consists of a contest (the "Contest") and an instant win game (the "Instant Win Game").
2. Sponsor: Resort Rental, LLC, 7 Sylvan Way, Parsippany, NJ 07054, U.S.A
Administrator: ePrize, LLC, One ePrize Drive, Pleasant Ridge, MI 48069, U.S.A.
3. Agreement Participation in this Promotion 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 Promotion. Winning a prize is contingent upon fulfilling all requirements set forth herein.
4. Timing: The Contest begins on November 2, 2009 by 5:00 p.m. Eastern Time ("ET"), ends on April 2, 2010 at 5:00 p.m. ET (the "Contest Period") and consists of three (3) phases as set forth in the chart below.
| Phase | Starts by 5:00 p.m. ET | Ends at 5:00 p.m. ET |
| Submission | November 2, 2009 | February 2, 2010 |
| Judging | February 3, 2010 | February 19, 2010 |
| Voting | On or around February 20, 2010 |
April 2, 2010 |
| Instant Win Game | November 2, 2009 | April 2, 2010 |
The Instant Win Game begins on November 2, 2009 by 5:00 p.m. ET and ends on April 2, 2010 at 5:00 p.m. ET (the "Instant Win Game Period").
Sponsor's computer is the official time-keeping device for the Promotion.
5. How to Enter:
(a) The Contest: During the Submission Phase, visit www.yourfatchance.com and follow the links and instructions to register for the Contest. Complete the registration, including a valid email address and phone number. Submit one (1) humorous and comical essay or video describing your funniest vacation story in order to receive one (1) entry into the Contest (the "Submission"). By uploading your Submission, you agree that your Submission conforms to the Submission 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, in its sole discretion, that your Submission fails to conform to the Guidelines and Restrictions.
Submission Guidelines:
If your Submission is an essay:
If your Submission is a video:
For both videos and essays:
Content Restrictions:
For All Contest Submissions: Limit: You may submit only one (1) Submission during the Submission Phase. Submissions received from any person or email address in excess of the stated limit will be void. Submissions generated by script, macro or other automated means are void. Entrant must have permission from all individuals that are named or pictured in the Submission (if any) to use their first and last name and likeness in the Submission and to grant the rights set forth herein. If requested by Sponsor, entrant must be able to provide such permissions in a form acceptable to Sponsor. Entering a Submission in the Contest constitutes and signifies entrant's agreement and consent that Sponsor and its designees may use the entrant's first and last name, city, state, likeness, photo, Submission (or any part thereof) and/or prize information in connection with the Promotion 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. Uploading a Submission constitutes entrant's consent to give Sponsor a royalty-free, irrevocable, perpetual, non-exclusive license to use, reproduce, modify, publish, create derivative works from, and display such Submissions 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 for promotional or marketing purposes. If necessary, entrant will sign any necessary 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. Released Parties (as defined in Section 10, below) are not responsible for lost, late, stolen, damaged, incomplete, invalid, un-intelligible, garbled, delayed or misdirected Submissions; all of which will be void.
(b) The Instant Win Game: During the Instant Win Game Period, visit www.yourfatchance.com and follow the links and instructions to complete the registration form. Complete and submit the registration form, including an email address. Once you submit the form, follow the directions to advance to the Instant Win Game page and to play the Instant Win Game. After playing the Instant Win Game, the Instant Win Game results will be instantly displayed. Entrants will be notified immediately on the website, if they are potential winners of the Instant Win Game. Directions for validation will be included. All potential winners are subject to verification before any prize will be awarded. Sponsor is responsible for the functionality of the Instant Win Game. Limit: Each participant may play one (1) time per day during the Promotion Period. Multiple participants are not permitted to share the same email address. Any attempt by any participant to obtain more than the stated number of plays by using multiple/different email addresses, identities, registrations and logins, or any other methods will void that participant's plays and that participant will be disqualified. Use of any automated system to participate is prohibited and will result in disqualification.
For the Contest and Instant Win Game: In the event of a dispute as to any Submission or play, the authorized account holder, at time of entry, of the email address used to register for the Promotion 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. The entrant may be required to show proof of being the authorized account holder.
6. Winner Determination: Winners will be determined according to the process set forth below.
(a) Contest:
1) Judging Phase: During the Judging Phase, a panel of qualified judges determined by Sponsor in its sole discretion will select the twenty-five (25) entrants with the highest scoring Submissions (the "Finalists") from among all eligible Submissions based on the following criteria ("Judging Criteria"):
In the event of a tie, the entrant whose Submission received the highest score in the 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 twenty-five (25) Finalists, if, in its sole discretion, it does not receive a sufficient number of eligible and qualified Submissions.
2) Voting Phase: During the Voting Phase, the Finalists' Submissions will be posted in an online gallery for public voting at www.yourfatchance.com. Persons whose Submissions garner the highest scores from the eligibility criteria as set forth in Section 1 will be included as a Finalist. Persons who meet the eligibility criteria as set forth in Section 1 will be invited to vote for the Finalist's Submission they believe is best. After submitting a vote, the voter will receive an email containing a verification link which must be clicked in order to have the vote counted during the Voting Phase. Limit: Each voter may vote one (1) time per day during the Voting Phase. Multiple votes received from any person or email address after the first daily vote received from that person or email address will be void. Finalists are prohibited from obtaining 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. Subject to the Finalist's compliance with these Official Rules, the Finalist whose Submission receives the highest number of valid votes during the Voting Phase will be deemed the potential Grand Prize winner. The Finalist whose Submission receives the second highest number of valid votes during the Voting Phase will be deemed the potential First Prize winner. The Finalist whose Submission receives the third highest number of valid votes during the Voting Phase will be deemed the potential Second Prize winner. In the event of a tie, the entrant whose Submission received the highest score in the Fit to Contest Theme, as determined by the qualified judges in their sole discretion, will be deemed the applicable potential prize winner. Sponsor reserves the right to award fewer than the stated number of prizes, if, in its sole discretion, it does not receive a sufficient number of eligible and qualified Submissions. Sponsor also reserves the right, in its sole discretion, to select an alternate Grand, First or Second Prize winner should the voting appear to have been tampered with or manipulated in any way.
For the Voting Phase: Multiple voters are not permitted to share the same email address. Any attempt by any voter to submit more than one vote per day by using multiple/different email addresses, identities or any other method will void that voter's Submission(s) (if any) and votes, and he/she will be disqualified from further participation in the Contest. Use of script, macro or any other automated system to vote is prohibited and all such votes will be void. Failure to click on the verification link in the email sent to the voter will void that vote. Released Parties (as defined in Section 10 below) are not responsible for lost, late, incomplete, garbled, delayed, invalid, unintelligible or misdirected votes, which will be void. In the event of a dispute as to any vote, the authorized account holder, as defined above in Section 5, of the email address used to vote will be deemed to be the voter.
(b) Instant Win Game: Sponsor is an independent judging organization whose decisions as to the administration and operation of the Instant Win Game and the selection of potential winners are final and binding in all matters related to the Instant Win Game. There will be thirteen (13) random, computer-generated winning times during the Promotion Period. If you are the first player to play the Instant Win Game at one of the randomly generated times, you will be a potential instant winner of the prize indicated.
7. ALL POTENTIAL WINNING INSTANT WIN PLAYS ARE SUBJECT TO VERIFICATION BY SPONSOR OR ADMINISTRATOR, WHOSE DECISIONS ARE FINAL AND BINDING. AN ENTRANT IS NOT A WINNER OF ANY PRIZE, EVEN IF THE INSTANT WIN GAME SHOULD SO INDICATE, UNLESS AND UNTIL ENTRANT'S ELIGIBILITY AND THE POTENTIAL WINNING PLAY HAS BEEN VERIFIED AND ENTRANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE. SPONSOR WILL NOT ACCEPT SCREEN SHOTS OR OTHER EVIDENCE OF WINNING IN LIEU OF ITS VALIDATION PROCESS. ANY PLAY THAT OCCURS AFTER THE SYSTEM HAS FAILED FOR ANY REASON IS DEEMED A DEFECTIVE PLAY AND IS VOID AND WILL NOT BE HONORED.
8. Winner Requirements: Potential winners must continue to comply with all terms and conditions of these Official Rules, and winning is contingent upon fulfilling all requirements. Potential Contest winners will be notified by mail, email or phone on or around April 15, 2010. The potential Grand, First, Second and Third Prize winners will be required to execute and return to Administrator, within ten (10) days of the date notice or attempted notice is sent, an Affidavit of Eligibility, Liability & Publicity Release ("Affidavit"), or Declaration of Compliance, if Canadian resident, in order to claim his/her prize. If a Canadian resident, the potential Instant Win Game Prize winners will be required to correctly answer a time-limited skill testing question without any assistance in order to be eligible to receive an Instant Win prize. If the potential winner is a Canadian resident and the question is answered incorrectly, the applicable Instant Win prize will be forfeited. If a potential winner cannot be contacted within a reasonable time period, fails to execute and return the Affidavit or Declaration of Compliance within the required time period (if applicable), is not in compliance with these Official Rules, or prize or prize notification is returned as undeliverable, such potential winner forfeits the prize. If a potential Grand, First or Second Prize winner is disqualified for any reason, the prize may be awarded to a runner-up, if any, at Sponsor's sole discretion. Only three (3) alternate winners will be selected through this process, after which the applicable prize will remain un-awarded. In the event that a potential winner of a Third, Fourth or Fifth prize is disqualified for any reason, Sponsor will award the applicable prize to an alternate winner by random drawing from among all remaining eligible entries. There will be three (3) alternate drawings after which the applicable prize will remain unawarded. For Contest Winners: Without limiting the generality of these Official Rules, 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 their first and last name, along with the Submission, for any and all purposes in any and all media whether now known or hereafter developed, on a worldwide basis, in perpetuity. 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. Winner will indemnify Sponsor, Released Parties (as defined in Section 10, 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 terms.
9. Prizes:
Contest: ONE (1) CONTEST GRAND PRIZE: One (1) week vacation rental stay through EVRentals.com for up to four (4) people for a value of up to $5,000 USD awarded in the form of an email voucher and either a check for $5,000 USD or $5,000 USD in Visa® gift cards. Approximate Retail Value ("ARV"): $10,000 USD. ONE (1) CONTEST FIRST PRIZE: One (1) week vacation rental stay through EVRentals.com stay for up to four (4) people for a value of up to $2,500 USD awarded in the form of an email voucher and either a check for $2,500 USD or $2500 USD in VisaŽ gift cards. ARV: $5,000 USD. ONE (1) CONTEST SECOND PRIZE: One (1) week vacation rental stay through EVRentals.com stay for up to four (4) people for a value of up to $1,000 USD awarded in the form of an email voucher and either a check for $1,000 USD or $1,000 USD in Visa® gift cards. ARV: $2,000 USD.
(b) Instant Win Game: THIRTEEN (13) THIRD PRIZES: Weeklong Last Minute VacationsSM rental. ARV: up to $379 USD EACH.
For all Endless Vacation Rentals® prizes: Terms and conditions apply. Endless Vacation Rentals® stay to be arranged through Sponsor and arrangements must be booked by June 30, 2010 for travel through August 7, 2011, or that portion of prize will be forfeited in its entirety.
For All Prizes: Terms and conditions of EVRentals.com apply. Prizes are non-transferable and no substitution or cash redemption will be permitted unless Sponsor, in its sole discretion, determines otherwise. Sponsor reserves the right to substitute a prize (or portion thereof) with one of comparable or greater value, at its sole discretion. Winners are responsible for all federal, state, territorial, provincial, and local taxes and any other costs, expenses or fees associated with prize acceptance and/or use not specified herein as being provided. Limit: One (1) Contest and one (1) Instant Win Game prize per person. All prize details are at Sponsor's sole discretion.
10. Release: By participating, entrant agrees to release and hold harmless the Sponsor, Administrator and their respective 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 Promotion or receipt or use or misuse of any prize.
11. General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Promotion, or any part of it, if any fraud, technical failures or any other factor impairs the integrity or proper functioning of the Promotion, 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 Contest Submissions received up to time of such action using the judging procedure outlined above or award the Instant Win prizes at random from among the eligible entries received up to the time of the impairment. 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 Promotion or to be acting in violation of these Official Rules or those of any other promotion or in an unsportsmanlike or disruptive manner and void all associated Submissions and game plays. Any attempt by any person to deliberately undermine the legitimate operation of the Promotion 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. Sponsor's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
12. 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 Promotion; (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 Promotion; (4) printing, typographical, technical, computer, network or human error which may occur in the administration of the Promotion, the uploading, the processing or judging of Submissions or votes or the tabulating of votes, the announcement of the prizes or in any Promotion-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 Promotion 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 plays 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.
13. Disputes: Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Promotion 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 Eastern District of Michigan (Southern Division) or the appropriate Michigan State Court located in Oakland County, Michigan, U.S.A.; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Promotion, 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 Promotion, 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 Michigan or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Michigan, U.S.A.
14. Entrant's Personal Information: Information collected from entrant is subject to ePrize, LLC's Privacy Policy and Sponsor's Privacy Policy
15. Winner List: Winner List requests will only be accepted after the promotion end date (listed above) and no later than July 30, 2010. For the Winner List, visit the promotion website, complete the form at the bottom of the FAQ, and select "Request a list of winners" in the drop down.
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