**PLEASE NOTE
THAT PROMOTION DATES HAVE BEEN UPDATED IN RED BELOW**
1-800-FLowers.com
presents
world’s
greatest love stories
OFFICIAL RULES
“Will
you marry me?” contest
NO PURCHASE OR PAYMENT
OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS CONTEST. A PURCHASE WILL NOT
INCREASE YOUR CHANCES OF WINNING. ENTRY OPEN TO LEGAL RESIDENTS OF THE 50 UNITED
STATES AND DISTRICT OF COLUMBIA ONLY, 21 OR OLDER.
1. CONTEST DATES: The “Will You Marry Me?” Contest (“Contest”) begins January 7, 2008
at 12:01:00 am Eastern Time (“ET”), and ends February 11, 2008 at 11:59:59 pm
ET (“Contest Period”). During the Contest Period there are a series of
Contest-related events which start and end on or about the dates and times
noted below:
|
EVENTS |
START |
END |
|
“WILL YOU MARRY ME?” (“Video Submission Period”) |
Starts 12:00:01 am ET on January 7, 2008 |
Ends 11:59:59 pm ET on February
5, 2008 |
|
WINNER ANNOUNCED |
February 11, 2008 |
|
2. CONTEST ENTITIES: YouTube, LLC (“YouTube”), 1000 Cherry Avenue, 2nd
Floor, San Bruno, CA 94066. Sponsor: 800-Flowers, Inc. (“Sponsor”), One Old
Country Road, Suite 500, Carle Place, NY 11514. Administrator: Marden-Kane, Inc. (“Administrator”), 36 Maple
Place, Manhasset, NY 11030. Sponsor, YouTube and Administrator are collectively
referred to as the “Contest Entities”.
3. ELIGIBILITY: Submitting a video in this Contest is open to persons
who on the date of entry are legal residents of one of the fifty (50) United
States or the District of Columbia, at least 21 (twenty-one) years of age, and
are registered users of http://www.youtube.com (including all mirror or
derivative sites, and all replacements or successor versions thereof) (“YouTube
Site”) (“Registered User”). Employees, officers, directors and their immediate
family members of the Contest Entities and their respective parents,
affiliated, and subsidiary companies, advertising and promotion agencies, legal
and financial advisors, and any and all other companies associated with this
Contest are not eligible to enter. For purposes of this Contest, "immediate
family members" means parents, spouses, children, siblings, in-laws,
grandmother, or grandfather. To become a Registered User of the YouTube Site,
you must register for an account and agree to the YouTube Site’s ‘Terms of Use”
set forth at http://www.youtube.com/t/terms (“Terms of Use”). There is no fee
or charge to become a Registered User.
4. HOW TO SUBMIT A VIDEO
IN THIS CONTEST: Create one (1) video
(“Video Submission”) offering a legitimate bona fide proposal of marriage,
civil union or domestic partnership to another person with whom you personally
know and wish to spend the rest of your life. You will be required to provide
during the validation process the complete name, address, and telephone number
of the person to whom you proposed marriage and represent that you have secured
this person’s permission and consent to provide such information and to be
subsequently contacted by the Contest Entities. The Video Submission must meet the requirements set forth in
Section 5 below. To enter your Video Submission in the Contest, go to the “Will
You Marry Me?” section of the YouTube Site at http://www.youtube.com/greatestlovestories (“Contest Web
Site”), enter your Registered Username and follow the instructions to submit
your Video Submission. IMPORTANT: When you upload your private video, you
will be provided with a video ID #/URL.
You will need to email this video ID #/URL to the email address provided
in the instructions. Failure to
email this required information to the email address provided by 11:59:59 pm ET
on February 5, 2008 will result in the
disqualification of your video submission. You should retain a copy of your Video Submission for your records, as
it will not be returned by Sponsor or YouTube. The Video Submission must be
received by YouTube during the Video Submission Period set forth in Section 1
above. Limit one (1) Video
Submission in this Contest per Registered User. By PARTICIPATING IN THIS CONTEST, EACH ENTRANT agreeS TO COMPLY
WITH THE CONTEST RULES AND THAT THE CONTEST ENTITIES MAY, AT THEIR OPTION,
CONDUCT a background check ON ENTRANT, AND THAT THE CONTEST ENTITIES RESERVE
THE RIGHT TO DISQUALIFY ANY ENTRANT ON THE BASIS OF ANYTHING CONTAINED IN, OR
OBTAINED AS A RESULT OF, THE BACKGROUND CHECK. SELECTED ENTRANTS WILL BE
REQUIRED TO SIGN waiver forms authorizing the release of personal and
background information AND TO COMPLETE A BACKGROUND QUESTIONNAIRE WHICH IN PART
WILL DEMONSTRATE THE LEGITIMaCY OF THE marriage proposal. a demonstration of
legitimacy may include various forms of verification of the marriage proposal
satisfactory to the contest entities, WITHIN THEIR SOLE DISCRETION, INCLUDING
BUT NOT LIMITED TO, interviewing relatives/friends of entrant and supplying
photographs of entrant and person being proposed TO.
5. “WILL YOU MARRY ME?” VIDEO SUBMISSION
REQUIREMENTS:
Video
Submissions must meet the following requirements:
·
Running Time: One hundred and twenty seconds maximum, including
any production credits. If Video Submission is longer than one hundred and
twenty seconds, only the first one hundred and twenty seconds may be posted for viewing and judging.
·
Maximum File Size: 80MB
·
Video Formats: YouTube accepts video files from most digital
cameras, camcorders, and cell phones in the .WMV, .AVI, .MOV, and .MPG file
formats.
·
Language: English
Note: Limit one (1) Video Submission in this Contest per Registered User.
Video
Submissions must also comply with the YouTube Site’s “YouTube Community
Guidelines” set forth at http://www.youtube.com/t/community_guidelines (“Code
of Conduct”) and must not: (i) include trademarks, logos, or copyrighted
material not owned by entrant or used without permission (such as company
names, music, photographs, works of art, or images published on or in websites,
television, movies, or other media); (ii) use individuals’ names, in whole or
in part (including the entrant’s last name) without permission; (iii) refer to
public figures; (iv) contain profanity, pornographic, or sexual content, content
promoting alcohol, illegal drugs, tobacco, firearms, or weapons, hateful
content of any kind (including racism, sexism, etc.), content that promotes
violence or harm to another living creature, or any other offensive, obscene,
or inappropriate content; (v) defame, misrepresent, or contain disparaging
remarks about other people or companies, including, but not limited to Sponsor;
(vi) contain materials embodying the names, likenesses, photographs, or other
identifying elements of any person, living, or dead without permission; and
(vii) use any other personally identifiable information of the marriage
proposal recipient, except for that individual’s first name.
Sponsor
and/or Administrator, and/or their designated representatives, will review all
Video Submissions received during the Video Submission Period and will only
post those Video Submissions on the Contest Web Site that conform to these
Official Rules and the Terms of Use and Code of Conduct, as determined by the
Sponsor and/or Administrator in their sole discretion (“Eligible Video
Submissions”). Entries that do not comply with these Official Rules, as
determined in Sponsor and/or Administrator’s sole discretion, will be
disqualified from the Contest and will not appear on the Contest Web Site.
Decisions of the Sponsor and/or Administrator are final and binding.
6. SELECTION OF THE TEN
(10) FINALIST VIDEOS: On or about February 5, 2008 a panel of judges
consisting of the Sponsor and/or Administrator and their representatives (the
“Judges”) will select up to ten (10) finalist videos (“Finalist Videos”) from
among all Eligible Video Submissions, based on the following judging criteria
(“Judging Criteria”), which will be given equal weight:
In the event of a tie for determining the Finalist
Videos, all tied entries will be re-judged by an additional judge selected
by Sponsor, who, using the judging criteria, will break the tie.
7. FINALIST NOTIFICATION: Up to ten (10) Potential Finalists will be
notified by email on or about February 5, 2008.
Finalists will be required to sign and properly execute the following
documents and return them via email or facsimile (and subsequently by mail,
post-marked by 2/7/08) for receipt by the Administrator by February 7, 2008: (1) a Personal Release including complete
contact information of the person being proposed to; (2) an Affidavit of
Eligibility and Liability Waiver; (3) where lawful, a Publicity Release. If
any documents sent by any means to a Finalist are returned as undeliverable
or if a Finalist fails to properly execute and return all documents
described herein in the time noted, or if a Finalist is found not to be
eligible or not in compliance with these Official Rules and the YouTube
Code of Conduct the Finalist will be disqualified and, at the sole
discretion of the Sponsor, time permitting, the next highest scoring Video
Submission will move up and be notified at the sole
discretion of the Sponsor.
8. DETERMINING THE GRAND PRIZE WINNER: Pending results of
background checks and compliance with the Potential Finalist document
submission process outlined in section 7, the Judges will select in their
sole discretion one Grand Prize Winner. The Grand Prize winner’s
Video Submission will be featured on the YouTube Site on or about February
11, 2008.
Designation as a Finalist Video and/or the Grand
Prize winner is subject to Registered User’s proof of compliance with these
Official Rules, maintaining compliance with these Official Rules and
YouTube membership, and approval by Sponsor. Entrants acknowledge that
other entrants and Sponsor may have used or will use ideas and concepts
contained in their Video Submission that may have familiarities or
similarities to his/her Video Submission, and that he/she will not be
entitled to any compensation or right to negotiate with the Contest
Entities because of these familiarities or similarities. The Judges',
Contest Entities and Administrator’s decisions are final and binding in all
matters relating to this Contest, including interpretation and application of
these Official Rules.
9. NOTIFICATION OF GRAND PRIZE WINNER: Affidavit of Eligibility/Liability Release and
Publicity Release. The Potential Grand
Prize Winner will be notified by mail, telephone, and/or email, in
Administrator’s sole discretion, on or about February 7, 2008. Potential
Grand Prize Winner may be required to sign and properly execute the
additional documents and return them via facsimile (and subsequently by
mail) to Administrator within 24 hours of attempted notification: (1) an
Affidavit of Eligibility and Liability Waiver; (2) where lawful, a
Publicity Release. The Affidavit of Eligibility, Liability Waiver, and
Publicity Release are subject to verification by Sponsor. If any documents
sent to a Potential Winner by any means are returned as undeliverable or if
Potential Winner fails to properly execute and return all documents
described herein in the time noted, or if Potential Winner is found not to
be eligible or not in compliance with these Official Rules, the Potential
Winner will be disqualified and the Judges will determine who will be
selected as the alternate potential Winner of the applicable prize based on
the next highest scoring entry as determined by Judges. No more than one
(1) Grand Prize will be awarded. Except where prohibited by law, all
entrants agree that Sponsor may announce the name, home city, and state of
winner online and in any channels of media it deems appropriate. In the
event that a Potential Winner is disqualified for any reason, Sponsor will
award the prize to an alternate entrant based on the judging criteria
detailed above even if the disqualified Potential Winner's name or Video
Submission may have been shown or announced online.
10. PRIZE: One (1) Grand Prize. The Grand Prize consists of: (i) a one-year
supply of flowers from 1-800-flowers.com. The prize will be awarded as
twelve (12) $100 1-800-flowers.com gift cards valued at $1,200; (ii) one
Blue Nile Signature Diamond Engagement Ring; approximate retail value
(ARV): $7,000; (iii) one six-day/five-night Luxury Included™ honeymoon
package for two at any Sandals
Resorts located in Jamaica, St. Lucia, Antigua, or the Bahamas plus one
Preston Bailey Signature WeddingMoon’s destination wedding featuring the
new Sea Mist Collection at Sandals Resorts. Sandals Resort package includes deluxe accommodations
for Grand Prize winner and proposal recipient, all meals including gourmet
specialty dining (with the exception of Gordon’s), unlimited premium brand
drinks, nightly entertainment, all land and water sports (including scuba
diving for certified divers), snorkeling, gratuities and Resort transfers
to and from the designated airport.
WeddingMoon basic package includes picturesque ceremony location,
bridal bouquet and groom’s boutonniere, pre-recorded musical accompaniment,
Marriage Officer, Best Man and Maid of Honor (if required), 30-minute
champagne and chilled hors d’oeuvres reception for Bride, Groom, and two
guests, attendance of two guests at ceremony and reception, two-tiered
Caribbean Wedding Cake, Personal Wedding Consultant, candlelight dinner for
Bride and Groom, continental breakfast-in-bed the next morning, one 5X7
wedding photograph, “Just Married” T-Shirts, preparation of documents, and
certified marriage certificate; ARV: $11,112; and (iv) four First Class
roundtrip American Airlines Travel Authorization Certificates (each a
“Travel Certificate”) on American Airlines or its Airline Associates
(American Eagle® or American Connection®) carriers from any city served by
American Airlines or their Airline Associates in the United States to any
city served by American Airlines or its Airline Associates in the
Caribbean, Bermuda, Bahamas, Canada, Mexico, or Hawaii. ARV of each Travel
Certificate is up to $6,200 with a total ARV for the four (4) Travel Certificates:
$24,800. Total approximate
value of Grand Prize is $44,112. Prize(s) is/are provided “as is” and
without any warranty of any kind. Prizes are non-transferable; no
substitutions or cash awards allowed, except at the discretion of the
Sponsor. Sponsor reserves the right to substitute prize of equal or greater
value if advertised prize becomes unavailable. Limit one prize per
household/family. Winner is
responsible for full cost of transportation to and from the closest
American Airlines departure city and their place of residence. All other
expenses relating to acceptance of the Grand Prize not explicitly stated
herein, including but not limited to taxes, applicable fees, service
charges, surcharges, passenger facility charges, insurance, telephone
calls, Red Lane Spa, tours, excursions, inter-island transportation, SCUBA
certification courses, island departure taxes, and purchases made at the
Sandals Specialty Shops are responsibility of Grand Prize winner and
guest(s). Sandals Resorts reserves the right to relocate any confirmed
Grand Prize winner and guests from their resort of choice to an alternate
resort within the Sandals Resorts chain based upon availability of space
for the secured travel dates prior to booking of airfare. Confirmation of travel dates will
be provided 30 days prior to selected travel date. Grand Prize winner will
be responsible for booking airfare and resort accommodations. Specifics of
Grand Prize travel package and reservations are subject to availability and
Sponsor’s sole discretion. Travel restrictions and blackout dates may
apply. Winner and guests must travel on same itinerary and are responsible
for obtaining all required travel documents (e.g. acceptable photo ID,
passport, visa, etc.). Actual value of prize may vary based on winner’s and
guest’s point of departure and arrival, dates of travel, and airfares at
time of booking. All details
of the prizes not specified herein shall be determined solely by Sponsor.
IMPORTANT: Grand Prize winner and the person to
whom the proposal of marriage was directed may be requested to participate
and to attend media events and appearances of the Contest Entities and
third-party media outlets announcing their proposal and/or engagement
without further consideration. The place, date and time of the media events
or appearances to be determined by Sponsor and/or YouTube.
11.
American Airlines Travel Authorization Certificate Terms. This
certificate (“Travel Certificate”) may be used to purchase air travel
wholly on American Airlines, American Eagle carriers and
AmericanConnection® carriers.
Travel Certificates are redeemable for air travel sold and
originating in the 50 United States.
Travel Certificates are not returnable or redeemable for cash,
except where required by law. Lost, stolen or damaged Travel Certificate
will not be replaced. Travel
Certificate has no implied warranties and is not a credit or debit
card. Travel Certificate is based
on availability at the time of reservation, and must adhere to applicable
blackout dates. Travel
Certificate is valid for one year from the date issued. Expiration date cannot be
extended. Travel using Travel
Certificates does not qualify for American Airlines AAdvantage® mileage
credit or elite status.
American Airlines reserves the right to revise rules and conditions
at any time without notice.
12. AMERICAN AIRLINES
TRAVEL TERMS. All travel must be completed by
February 14, 2009. If winner
is unable to travel by this date, prize will be forfeited. Travel must originate and end at
the airport nearest winner’s home that is served by American Airlines or
their Airline Associates.
Travel is subject to availability and certain other restrictions,
which are subject to change in the sole discretion of American
Airlines. Winner’s guest must
be 21 years of age or older if not a member of winner’s immediate family
and will be required to execute and return a liability/publicity release
(which must also be signed by such guest’s parent or legal guardian, if
minor) prior to travel. Winner
and winner’s guest must travel together
on the same itinerary, including the same departure date, destination and
return date. No stopovers are
permitted on Travel Certificates issued as a prize; if a stopover occurs,
the prize will terminate at the stopover point and full fare will be
charged for the remaining segments, including the return, of the trip. Sponsor(s is/are) not liable for
any expenses incurred as a consequence of a flight cancellation or flight
delay. Schedules subject to
change without notice.
13.
TAXES. Any valuation of
the prize(s) stated above is based on available information provided to the Sponsor,
and the value of any prize awarded to a winner may be reported for tax
purposes as required by law.
Winner(s is/are) solely responsible for reporting and paying any and
all applicable taxes. Winner(s) must provide the
Sponsor with valid identification and a valid taxpayer identification
number or social security number before any prize will be awarded. Any person winning over $600 in prizes from
Sponsor will receive an IRS form 1099 at the end of the calendar year and a
copy of such form will be filed with the IRS.
14. USE OF DATA. With regard
to any personal data from winner of travel reward certificates Sponsor may provide
to the Prize Provider in order for the Grand Prize to be distributed or any personal data otherwise provided by an
entrant to Prize Provider for such purpose, all of the same will adhere to the privacy policy of said Prize
Provider which can be reviewed at www.aa.com/privacy.
By participating in the Contest, entrants hereby agree to Prize Provider’s
collection and usage of their personal information and acknowledge that
they have read and accepted Prize Provider's privacy policy with regard to
fulfillment of this contest.
15. OTHER CONDITIONS. All
federal, state and local laws and regulations apply. Sponsors reserve the right, at
their sole discretion, to cancel, terminate, modify or suspend this Contest
or any portion hereof, or to disqualify any individual implicated in any of
the following actions, if for any reason: (a) infection by computer virus,
bugs, tampering, unauthorized intervention, actions by entrants, fraud,
technical failures, or any other causes which, in Sponsor’s sole opinion,
corrupt or affect the administration, security, fairness, integrity or
proper conduct of the Contest, (b) the Contest or any website associated
therewith (or any portion thereof) becomes corrupted or does not allow the
proper processing of entries per these rules, or (c) the Contest is
otherwise not capable of running as planned by Sponsor(s). By entering, participants agree to
release and hold harmless Sponsors, Administrator, Prize Provider and (each
of its/their) parent(s), subsidiaries, affiliates, divisions, advertising
and promotional agencies, wholesalers and retailers, and each of the
foregoing entities’ employees, officers, directors, shareholders and agents
(collectively the “Released Parties”), from and against any and all claims,
actions and/or liability for any injuries or death, loss or damage of any
kind arising from or in connection with participation in and/or entry into
the Contest or acceptance or use of any prize. The Released Parties are not responsible or liable for
any incorrect or inaccurate entry information, and assume no responsibility
for (i) any error, omission, interruption, defect or delay in operation or
transmission at any website, (ii) failure of any entry to be received by
Sponsor(s) due to technical problems, human error or traffic congestion on
the Internet or at any website, (iii) communications line, hardware and/or
software failures, (iv) damage to any computer (software or hardware)
resulting from participation in the Contest, (v) theft or destruction of,
tampering with, unauthorized access to, or alteration of entries and/or
entry information, or (vi) entries which are late, lost, stolen, damaged,
illegible, unintelligible and/or postage due (or any combination
thereof). The use of third-party
software or website or automated entry systems to participate is
prohibited, and Sponsor reserves the right to disqualify entries made in
such fashion. By entering,
entrants agree to comply with these rules. Any entrant who attempts to tamper with this Contest in
any way shall be disqualified. In the event of dispute as to who submitted an online
entry, the entry will be deemed submitted by the Authorized Account Holder
of the email address submitted at the time of entry. “Authorized Account Holder” is
defined as the natural person assigned to an email address by an Internet
access provider, on-line service provider or other organization responsible
for assigning email addresses for the domain associated with the email
address in question. Additional
restrictions may apply.
16. ENTRY TERMS: Void where prohibited. By entering, entrant
represents and warrants that his or her marriage proposal and Video
Submission and all elements thereof satisfy these Official Rules, the Terms of Use and Code of Conduct
and that all aspects of the Video Submission: (i) are the original work of
the entrant; (ii) have not previously been published or won an award or
prize of any kind; (iii) do not infringe or violate the rights of any third
party, including but not limited to, copyrights, trademarks, patents, trade
secrets, logos, contract and licensing rights, rights of publicity or
privacy, moral rights, or any other intellectual property rights; (iv) are
not subject to any third party agreements, and that the Contest Entities
will not be required to pay or incur any sums to any person or entity as a
result of their use, exhibition, or exploitation of the idea or video or
elements therein; (v) have obtained any required permits from local
authorities and other permissions as needed; (vi) do not contain any content
that is likely to be considered offensive by Contest Entities or could
adversely affect the name, reputation, or goodwill of the Contest Entities.
By entering the Contest, each entrant represents and warrants that he or
she has obtained all of the rights, licenses, and permissions from each
person who appeared in or helped to create the Video Submission. If Contest Entities determine in
their sole discretion that an entrant has breached a representation or warranty,
the entry will be disqualified.
Entries may only be submitted by individuals. The
Contest Entities and their respective parents, subsidiaries, and affiliates
and each of their respective officers, directors, shareholders, agents, and
employees, and any Internet access providers are not responsible for
incorrect or inaccurate entry of information, human error, technical
malfunction, lost/delayed data transmission, omission, interruption,
deletion, defect, line failure of any telephone, computer or other network,
computer equipment, software or any combination thereof, inability to
access the 1-800-Flowers.com website (www.1800flowers.com)
or YouTube Site, including, without limitation, the Contest Web Site, for
problems uploading or downloading any Contest-related materials from the
YouTube Site or the Contest Web Site, for late, lost, damaged, misdirected,
incorrect, or incomplete entry, or for errors in any Contest-related
material or these Official Rules. For purposes of these Official Rules,
receipt of entry occurs when YouTube’s servers successfully receive the
uploaded video file and required entry information as set forth on the
Contest Web Site
17. ADDITIONAL CONTEST TERMS: By entering
this Contest, and to the extent allowed by law, entrants grant Sponsor,
YouTube and each of their affiliates,
licensees, promotional partners, and third party marketing entities the
absolute right and permission to edit, modify, cut, rearrange, add to,
delete from, copy, reproduce, translate, dub, adapt, publish, exploit, and
use the content of and elements embodied in the Video Submissions, entries,
and the entries themselves, in perpetuity in any and all media, including
but not limited to digital and electronic
media, computer, audio and audiovisual media (whether now existing or hereafter devised), in any language,
throughout the world, and in any manner, for trade, advertising,
promotional, commercial, or any other purposes without further review,
notice, approval, consideration, or compensation. Entrant’s waive and release Sponsor, YouTube and each of their
affiliates from any and all claims that entrants may now or hereafter have
in any jurisdiction based on “moral rights” or “droit moral” or unfair
competition with respect to Sponsor’s or YouTube’s exploitation of entries
without further notification or compensation to entrants of any kind, and
agree not to instigate, support, maintain, or authorize any action, claim,
or lawsuit against Sponsor, YouTube and
each of their affiliates, licensees, or any other person in connection with
this Contest, on the grounds that any use of any entry, or any derivative
works, infringe or violate any of entrants rights therein. By entering this Contest, entrants
agree that Sponsor, YouTube and each of their affiliates, licensees, promotional partners, and third party
marketing entities shall have the right and permission to use the
name, picture, voice, biographical data, photograph, testimonial, or other
likeness and/or prize information or personal exposition (and/or any edited
portion thereof), and/or any information contained in his/her Video
Submission or entry for promotional, advertising, and/or publicity purposes
in any media, now or hereafter known, throughout the world in perpetuity,
without compensation or notice to, or further consent of, to the winner to
the extent permitted by law. Neither
Sponsor, nor YouTube will enter into any correspondence, including e-mail,
with non-winning entrants. The Contest Entities reserve the right, in their
sole discretion, to disqualify any individual found tampering with the
entry process or entry materials or otherwise interfering with the proper
administration of the Contest or violating these Official Rules. EACH
ENTRANT ACCEPTS THE CONDITIONS STATED IN THESE OFFICIAL RULES, AGREES TO BE
BOUND BY THE DECISIONS OF THE JUDGES, WARRANTS THAT THEY ARE ELIGIBLE TO
PARTICIPATE IN THIS CONTEST, AND AGREES TO RELEASE, INDEMNIFY, AND HOLD
HARMLESS CONTEST ENTITIES AND EACH OF THEIR PARENT COMPANIES, DIVISIONS,
SUBSIDIARIES, AFFILIATES, ADVERTISING, PROMOTION, AND PUBLIC RELATIONS
AGENCIES, AND THE RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES,
REPRESENTATIVES AND AGENCIES OF EACH FROM AND AGAINST ANY AND ALL CLAIMS,
LOSSES, LIABILITY, AND DAMAGES OF ANY KIND, INCLUDING REASONABLE ATTORNEYS’
FEES AND EXPENSES) ASSERTED AGAINST ANY OF THEM, INCURRED, SUSTAINED, OR
ARISING IN CONNECTION WITH THE USE, ACCEPTANCE, OR MISUSE, OF THE GRAND
PRIZE OR WHILE PREPARING FOR, PARTICIPATING IN, AND/OR TRAVELLING TO OR
FROM ANY CONTEST-RELATED ACTIVITY, INCLUDING, WITHOUT LIMITATION, ANY
INJURY, DAMAGE, DEATH, LOSS, OR ACCIDENT TO PERSON OR PROPERTY, OR FROM THE
RESPECTIVE ENTRANTS’ BREACH OF ANY AGREEMENT OR WARRANTY ASSOCIATED WITH
THE CONTEST, INCLUDING THESE OFFICIAL RULES. ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEB
SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF
CRIMINAL AND CIVIL LAWS AND, SHOULD SUCH AN ATTEMPT BE MADE, THE CONTEST
ENTITIES AND EACH OF THEIR LICENSEES RESERVE THE RIGHT TO SEEK DAMAGES OR
OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR ANY SUCH ATTEMPT TO
THE FULLEST EXTENT PERMITTED BY LAW.
Each entrant hereby
acknowledges and agrees that the relationship between the entrant and the
Contest Entities is not a confidential, fiduciary, or other special relationship,
and that the entrant’s decision to provide the Video Submission to Sponsor
for purposes of the Contest does not place the Contest Entities in a
position that is any different from the position held by members of the
general public with regard to elements of the Video Submission, other than
as set forth in these Official Rules. Each entrant understands and
acknowledges that the Contest Entities have wide access to ideas, stories,
designs, and other literary materials, and that new ideas are constantly
being submitted to it or being developed by their own employees. Each
entrant also acknowledges that many ideas or stories may be competitive
with, similar to, or identical to the Video Submission and/or each other in
theme, idea, plot, format, or other respects. Each entrant acknowledges and
agrees that such entrant will not be entitled to any compensation as a
result of Contest Entities' use of any such similar or identical material
that has or may come to Contest Entities, or any of them, from other sources.
Each entrant acknowledges and agrees that the Contest Entities do not now
and shall not have in the future any duty or liability, direct or indirect,
vicarious, contributory, or otherwise, with respect to the infringement or
protection of the entrant’s copyright in and to the submission. Finally,
each entrant acknowledges that, with respect to any claim by entrant
relating to or arising out of any Contest Entities' actual or alleged
exploitation or use of any submission or other material submitted in
connection with the Contest, the damage, if any, thereby caused to the
applicable entrant will not be irreparable or otherwise sufficient to
entitle such entrant to seek injunctive or other equitable relief or in any
way enjoin the production, distribution, exhibition, or other exploitation
of any program, website, advertising, materials or other thing based on or
allegedly based on the Video Submission, and entrant’s rights and remedies
in any such event shall be strictly limited to the right to recover damages,
if any, in an action at law.
This Contest is governed, interpreted and enforced
by the laws of the State of New York, without regard to its conflict of
laws principals. Any and all legal actions, claims or proceedings arising
out of, or in connection with, this Contest must be brought in a court of
competent jurisdiction in the State of New York. The Entrant and all
persons making any claim through or on account of Entrant, hereby agrees to
and irrevocably consents the venue of the applicable state or federal
courts sitting in Nassau or Suffolk counties, New York and submits to the
jurisdiction of said courts.
If, in the Contest Entities’ sole opinion, there is any suspected or
actual evidence of electronic or non-electronic tampering with any portion
of the Contest, or if technical difficulties compromise the integrity of
the Contest, the Sponsor reserves the right to void suspect entries and/or
terminate the Contest and award the prizes at its sole discretion. The use
of any automated launching or entry software or any other mechanical or
electronic means that permits the participant to automatically enter
repeatedly is prohibited. In the event of a dispute as to the identity of
an entrant based on an e-mail address, the entry in question may be disqualified
subject to the Judges’ or Sponsor’s sole discretion.
18. WHO WON: The names(s) of the Grand Prize Winner and the Finalists will be
posted on the YouTube Site located at http://www.youtube.com/greatestlovestories. In addition, to obtain the name of
the Winner send a U.S. Postal Service postcard with your return address
clearly marked for receipt by March 31, 2008, to: “Will You Marry Me?”, c/o
Marden-Kane, 36 Maple Place, Manhasset, NY 11030 Attn: MB
19. SPONSOR: 800-Flowers, Inc., One Old Country Road, Ste. 500, Carle Place,
NY 11514
20. ADMINISTRATOR: Marden-Kane, Inc., 36 Maple Place, Manhasset, NY
11030
21. PRIZE PROVIDER: American Airlines, Inc. 4333 Amon Carter Blvd.
MD 5380, Ft. Worth, TX 76155
Powered by YouTube. YouTube, the YouTube logo,
YouTube broadcast yourself are registered trademarks of YouTube, LLC.
American Eagle and AmericanConnection®
carriers are regional airlines associated with American Airlines, Inc.
American Eagle service is operated by American Eagle Airlines, Inc., or
Executive Airlines, Inc., each of which is a wholly owned subsidiary of
American Airlines’ parent company.
AmericanConnection® service is operated by Chautauqua
Airlines, Inc. or Trans States Airlines, Inc., each of which is an
unaffiliated independent contractor.
AAdvantage,
AmericanAirlines, American Eagle and AmericanConnection are registered
trademarks of American Airlines, Inc.
Copyright 2008
American Airlines, Inc. All
Rights Reserved. Printed in
U.S.A.
© 2008 Marden-Kane, Inc. All rights reserved.
These Official Rules may not be copied, edited or used for any other
purpose, commercial or otherwise without the express written consent of
Marden-Kane, Inc.