Terms and Conditions - AgingCare.com

Terms and Conditions

AgingCare.com Essay Contest
November 1, 2008 – November 30, 2008

To be an eligible entrant for the AgingCare.com Caregiver Contest (the "Contest"), you must review and agree to abide by and be bound by the following terms and conditions, and you must be a member of Agingcare.com. To become a member, submit your information (user name, password, email address, name, zip code, your age and gender) within the Member Registration page of the AgingCare.com website. The submission of your information serves as your assent to these terms and conditions.

PRELIMINARY INFORMATION: No purchase necessary. Void where prohibited by law and is subject to applicable federal, state and local laws. The Contest begins at 12:01 a.m. on November 1, 2008, and ends at 11:59 p.m. on November 30, 2008 ("Contest Period"). All times in the Contest refer to Eastern Time.

TO ENTER: To enter, access the AgingCare.com website at www.agingcare.com and click on the Contest icon. You must write an essay ("Essay") on the following topic: "A Sweet Moment, Upbeat Wisdom or Funny Story About My Caregiving Experience". Email Essay will together constitute your entry into the Contest ("Entry"). Essay must be original (that is, written and created by you—assistance of any type is strictly prohibited), typed in the English language, and no more than one thousand (1,000) words in length. If an Essay exceeds this length, only the first one thousand (1,000) words will be judged. All Entries become the property of AgingCare.com (the "Sponsor"), and will not be acknowledged or returned. By entering the Contest, entrant grants Sponsor the non-exclusive, royalty-free, and irrevocable rights to use, reproduce, copy, publish, display, distribute, perform, translate, adapt, modify, and otherwise exploit the Essays and to incorporate them in other works in any and all markets and media worldwide in perpetuity. Entrants warrant that they have the sole and exclusive right to grant such rights to Sponsor and that the Sponsor's reproduction, publishing, displaying, and/or other use of the Essays will not infringe on any rights of third parties, including, without limitation, copyright, trademark, defamation, privacy, or publicity, or create claims for false light, idea misappropriation, intentional or negligent infliction of emotional distress, or breach of contract. Any Essays containing material that is violent, pornographic, obscene, illegal, inappropriate, or racially or morally offensive or that does not meet Sponsors' standards for any reason, as determined by Sponsors in their sole discretion, may be rejected as ineligible for consideration. Entries must comply with all applicable laws, rules, and regulations. Sponsors shall have no obligation to copy, publish, display, or otherwise exploit the Essays. Entries must be received before 11:59 p.m. on November 30, 2008, to be eligible for the Contest. You may enter once during the Contest Period. Multiple entries received from any person or email address beyond this limit will void all such additional entries. Entries that are incomplete or unintelligible for any reason are void and will not be accepted. Entry constitutes permission (except where prohibited by law) to use entrant's name, city, state, likeness, image, and/or voice for purposes of advertising, promotion, and publicity.

ELIGIBILITY: You must be 18 years of age or older and must agree to these terms and conditions. The Contest is offered only in the United States of America. Persons who are not US residents are not eligible to participate in the Contest, and any entries by such persons are void. Persons who are employees, officers, directors, agents or representatives of Sponsor and members of the immediate family (defined as mother, father, sister, brother, daughter, son or spouse, regardless of where they live), and those living in the same household of each (whether related or not), are not eligible to enter. Limit of one entry per individual. If multiple entries are received, only the first entry will be considered and all subsequent entries will be void.

WINNER SELECTION AND NOTIFICATION: All properly submitted, eligible Essays will be reviewed by a panel of judges selected by the Sponsor. The judges may included, or consist solely of, employees and/or representatives of the Contest Sponsor. One (1) winner ("Winner") will be selected by the Sponsor on or about December 15, 2008. Essays will be judged based on the following criteria, weighted equally: the story clearly demonstrates how the Essay Entrant cared for someone in a meaningful way and made/makes a difference in that someone's life; the story expresses the emotional, as well as the physical, aspects of caregiving; the story has the ability to inspire others. The Entrant who submitted the Essay with the highest score will be named Winner. The Winner will be notified by email or other means within five business days of selection by the Sponsor. Prizes are non-transferable. Prizes not claimed by the winner(s) promptly after notification from the Sponsor will be forfeited. Sponsor reserves the right to require each winner to provide identification, to prove eligibility, and to return a signed and notarized Affidavit of Eligibility and Release of Liability Form (the "Eligibility Form") in order to claim a prize. The Eligibility Form certifies eligibility and compliance with these Official Rules and serves to release and to hold harmless Sponsor, and its affiliates, subsidiaries, advertisers, and agencies from and against any liability arising out of the Contest. Failure to timely return the Eligibility Form will result in forfeiture of the prize. A prize notification returned as undeliverable will result in forfeiture of the prize. The prize winner is responsible for all applicable taxes. All prize winners and prizes will be reported to governmental tax authorities as required by law.

PRIZE: There will be one first prize awarded ("First Prize"), consisting of one (1) $2,000 Merry Maid Gift Card for approximately one (1) year of service provided every four (4) weeks. Actual number of services may vary depending on the size, condition and location of Winner's home. Valid for residential service only. Winner must reside in a Merry Maids market. Should the Winner reside outside of a Merry Maid market, Merry Maids will provide the Winner with either a $2,000 gift card good for service from its partner companies (ServiceMaster Clean, Terminix, TruGreen, Furniture Medic, etc.) or $2,000 payable to Winner by check. Sponsor reserves the right to substitute similar Prizes of equal or greater value at their sole discretion. All taxes and other expenses, costs, or fees associated with the acceptance and/or use of any Prize are the sole responsibility of winners. Prizes cannot be transferred by Winners or redeemed for cash and are valid only for the items detailed above, with no substitution of Prizes by Winners. If any Prize is unclaimed, it will be forfeited, and an alternate Winner may be selected from the remaining eligible Finalists. If a Prize element is not available for any reason, the remaining elements of Prize shall constitute full satisfaction of Sponsors' prize obligation to Winner, and no additional compensation will be awarded. Prizes won by minors will be awarded in the name of their parent or legal guardian.

CONDITIONS: Upon delivery of Prize to Winner, Sponsor will be deemed to have awarded the prize to the Winner with Winner assuming full ownership and responsibility for the prize. CAUTION: Any attempt made by an entrant to deliberately damage Sponsor's website or undermine the legitimate operation of the Contest is in violation of criminal and civil laws. Should such an attempt be made, or if the Sponsor suspects that there has been any electronic tampering or if technical difficulties compromise the integrity of the Contest, Sponsor reserves the right to seek damages from any such entrant as permitted by law and to void such participant's entries from the Contest.

GENERAL RULES: Sponsor is not responsible or liable for lost, late, incomplete or misdirected entries; or for any computer, telephone, Internet, cable, network, electronic or other hardware or software malfunctions, failures, connections, availability or garbled transmissions, or Internet accessibility or availability, traffic congestion, or unauthorized human intervention. Sponsor reserves the right, at its sole discretion, to disqualify any individual it finds to be tampering with the entry process, the operation of the Contest or website; who is entering the Contest for any reason other than a bona fide intent to enter and try to win; or to be acting in violation of these Official Rules. Any use of robotic, automatic, macro, programmed or similar entry methods will void all entries by such methods. By submitting an entry for the Contest, you agree to abide by these rules and any decision Agingcare.com makes regarding the Contest, which are final and binding in all respects; generally, in the event of dispute about the identity of a prize winner. IF, FOR ANY REASON, THE CONTEST IS NOT CAPABLE OF RUNNING AS PLANNED (FOR EXAMPLE BUT NOT BY WAY OF LIMITATION, BY REASON OF INFECTION BY COMPUTER VIRUS, WORMS, BUGS, TAMPERING, UNAUTHORIZED INTERVENTION, FRAUD, TECHNICAL FAILURES, OR ANY OTHER CAUSES WHICH COULD CORRUPT OR AFFECT THE ADMINISTRATION, SECURITY, FAIRNESS, INTEGRITY OR PROPER CONDUCT OF THE SWEEPSTAKES), SPONSOR RESERVES THE RIGHT AT ITS SOLE DISCRETION TO CANCEL, TERMINATE, MODIFY OR SUSPEND THIS CONTEST AT ANY TIME. All federal, state and local taxes are the sole responsibility of the Winner. Sponsor reserves the right to disqualify entrants who fail to follow these Official Rules, applicable laws and regulations or who make any misrepresentations relative to the Contest, their entries, and claiming of a prize. Entry constitutes permission to use winners' names, addresses, photographs, video footage and/or voice recordings for publicity purposes (including posting on-line) without additional compensation or permission except where prohibited by law. Sponsor and its affiliates, subsidiaries, agencies and each of their respective officers, directors, employees, agents, successors and assigns are not responsible for any negligence, claims, liability, injury, property loss or other damages of or to participants and/or the winner arising from, or in connection with this Contest. This Contest is subject to applicable federal, state and local laws and regulations.

SPONSOR: The Sponsor of the Contest is AgingCare.com whose address is 999 Vanderbilt Beach Road, Suite 607, Naples, Florida 34108.


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