Defy the Dark Official Rules

Defy the Dark New Author Contest

Official Rules

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

1. Eligibility

The Defy the Dark New Author Contest (the “Promotion”) is open only to legal residents of the fifty (50) United States (including District of Columbia and territories, possessions and military bases) or Canada (excluding Quebec) who are thirteen (13) years or older at the time of entry. Void in Quebec and where prohibited by law. Employees of Figment, LLC, HarperCollins, or any of its respective affiliates, subsidiaries, advertising agencies, or any other company or individual involved with the design, production execution or distribution of the Promotion and their immediate family (spouse, parents and step-parents, siblings and step-siblings, and children and step-children) and household members (people who share the same residence at least three (3) months out of the year) of each such employee are not eligible. The Promotion is subject to all applicable federal, state and local laws and regulations. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor’s decisions, which are final and binding in all matters related to the Promotion. Winning a prize is contingent upon fulfilling all requirements set forth herein.

Professional and/or semi-professional authors (whether or not published under a pseudonym), any individual who has made over U.S.$2,000 from sales of their written works in any calendar year in the past five years, or authors under contract with a publisher are also not eligible to enter.

2. Sponsors

Figment, LLC, 118 East 64th Street, New York, NY 10065, and HarperCollins, 10 East 53rd Street, New York, New York 10022.  Apple, Inc. is not a sponsor of this Promotion.

3. Entry Period

The Promotion begins on August 1, 2012 at 12:00 a.m. Eastern Time (“ET”) and ends on September 1, 2012 at 11:59 p.m. ET (the “Promotion Entry Period”). Figment’s computer is the official time keeping device for this Promotion.

4. How to Enter

During the Promotion Entry Period visit www.figment.com and become a registered user of the website. Becoming a registered user is free. After you become a registered user you are able to enter the Promotion. To enter the Promotion you must submit one (1) original story between 2,000 and 4,000 words, in any genre, that takes place at night or in the dark (the “Submission”). You will write the Submission on Figment.com and click on “Publish Now”. On the “Details” page, put defythedark in “Tags”. Limit of one (1) Submission per person during the Promotion Entry Period. Once submitted, Entry cannot be modified.

You retain all right, title, and interest in and to your Submission, including the copyright, provided, however, that by participating in the Promotion, you hereby grant Sponsors the non-exclusive, royalty-free right and license to publish your Submission, in whole or in part, and your name, image, likeness, and biographical information for publicity, advertising, and promotional purposes, without limitation, and without consideration whether or not such Submission is selected as a winning Submission.

You are allowed to remove your entry from the contest at any time during the course of the Promotion.

The creation of multiple accounts to heart or otherwise vote for your Submission on Figment is prohibited, and may result in the disqualification of that entry, the deletion of your Figment account, and/or the blocking of your IP address permanently from the site, at the moderator’s discretion.

5. Submission Requirements

  • Submission must be between 2,000 and 4,000 words.
  • Submission must be an original work created solely by you, has not been previously published, and does not infringe upon any third-party copyrights or other intellectual property rights.
  • Submission must not contain defamatory statements.
  • Submission must not contain any telephone numbers, street addresses or email addresses of any individual.
  • Submission must not invade privacy, publicity or other rights of any person, firm or entity.

All Submissions will be reviewed for content eligibility and compliance with these Official Rules before being judged. Submissions containing prohibited material or inappropriate content, as determined by the Sponsor, in its sole discretion, may be disqualified. Sponsor makes the final determination as to what Entries are eligible to take part in this Promotion.

6. Winner Selection

All eligible Entries will be judged by the DEFY THE DARK editor & author, Saundra Mitchell. Each Entry in its entirety will be judged on the following criteria: quality and originality of the Entry (30%); publishable quality of writing (70%). In case of a tie, the Entry (among those tied) with the highest rating in the “Publishable Quality” category will break the tie. In the event a tie still remains, the Entry (among those tied) with the highest rating in the “Quality and Originality” category will break the tie.

The Judge will be fair and impartial. Decisions of the Judge will be final. Odds of winning depend on number of eligible Entries received and quality of the Submissions. Judging will be completed on or about September 12, 2012. Submissions will be read and judged on a rolling basis. Any changes made to an entry after its initial posting may not be read by the judge.

7. POTENTIAL PROMOTION WINNER IS SUBJECT TO VERIFICATION BY SPONSORS WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE PROMOTION.

8. Verification of Potential Winner

Potential winner must continue to comply with all terms and conditions of these Official Rules, and winning is contingent upon fulfilling all requirements. The potential winner will be notified by email, telephone, or registered mail after the date of the judging. The potential winner may be required to sign and return to Sponsors, within seventy-two (72) hours of the date notice is sent, an affidavit of eligibility, and liability/publicity release (except where prohibited) in order to claim his/her prize if applicable. If a potential winner of any prize cannot be contacted, fails to sign and return the affidavit of eligibility and liability/publicity release within the required time period (if applicable), or if the prize or prize notification is returned as undeliverable, potential winner forfeits prize. In the event that a potential winner of a prize is disqualified for any reason, Sponsors may award the applicable prize to an alternate winner who had the highest score remaining of the eligible Submissions.

9. Prizes

One (1) Grand prize will be awarded. Grand prize winner will receive a cash prize of $500.00, and five (5) copies of Defy the Dark (Paperback, $9.99). Approximate Retail Value of the Grand Prize is: $550. In addition, HarperCollins reserves the right, but without obligation or warranty of any kind, to publish the Grand Prize Winning Entry in any or all editions of Defy the Dark in all media, now known or hereinafter developed, throughout the world. (promotional value only).

Grand Prize Winner alternate prize (5): If the Grand Prize Winning Entry is not published in the DEFY THE DARK, the author of the winning entry will instead receive an Apple iPad and five (5) copies of Defy the Dark (Paperback, $9.99). Approximate Retail Value of the Grand Prize winner alternate prize is: $550.

Two (2) First Prize Finalists will each receive Publication of their story on the DEFY THE DARK anthology website, a cash prize of $250.00 and Two (2) copies of Defy the Dark (Paperback, $9.99). Approximate Retail Value of the First Prize Finalists is: $270.00.

No cash equivalent for the prize. Prize is non-transferable and no substitution will be made except as provided herein at the Sponsors’ sole discretion. Sponsors reserve the right to substitute the listed prize for one of equal or greater value for any reason. Winner is responsible for all taxes and fees associated with prize receipt and/or use.

10. Entry Conditions and Release

By entering, each participant agrees to: (a) comply with and be bound by these Official Rules and the decisions of the Sponsors, and/or the Promotion Judge which are binding and final in all matters relating to this Promotion; (b) release and hold harmless the Sponsors and their respective parent, subsidiary, and affiliated companies, the prize suppliers and any other organizations responsible for sponsoring, fulfilling, administering, advertising or promoting the Promotion, and all of their respective past and present officers, directors, employees, agents and representatives (collectively, the “Released Parties”) from and against any and all claims, expenses, and liability, including but not limited to negligence and damages of any kind to persons and property, including but not limited to invasion of privacy (under appropriation, intrusion, public disclosure of private facts, false light in the public eye or other legal theory), defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright or other intellectual property rights, property damage, or death or personal injury arising out of or relating to a participant’s entry, creation of an entry or submission of an entry, participation in the Promotion, acceptance or use or misuse of prize (including any travel or activity related thereto) and/or the broadcast, exploitation or use of entry; and (c) indemnify, defend and hold harmless the Sponsors from and against any and all claims, expenses, and liabilities (including reasonable attorneys fees) arising out of or relating to an entrant’s participation in the Promotion, the Submission and/or entrant’s acceptance, use or misuse of prize.

11. Publicity

Except where prohibited, participation in the Promotion constitutes winners’ consent to Sponsors’ and their agents’ use of winner’s name, likeness, photograph, voice, opinions and/or hometown and state for promotional purposes in any media, worldwide, without further payment or consideration.

12. General Conditions

Sponsors reserve the right to cancel, suspend and/or modify the Promotion, or any part of it, if any fraud, technical failures or any other factor beyond Sponsors’ reasonable control impairs the integrity or proper functioning of the Promotion, as determined by Sponsors in their sole discretion. Sponsors reserve the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Promotion or to be acting in violation of these Official Rules or any other promotion or in an unsportsmanlike or disruptive manner. 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, Sponsors reserve the right to seek damages from any such person to the fullest extent permitted by law. Sponsors’ failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.

13. Limitations of Liability

The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrants, printing 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 entry process or the Promotion; (4) technical or human error which may occur in the administration of the Promotion or the processing of entries; or (5) 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. If for any reason an entrant’s Submission is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another Submission in the Promotion. No more than the stated number of prizes will be awarded.

14. Disputes

Entrant agrees that: (i) any and all disputes, claims and causes of action arising out of or connected with this Promotion, or any prizes awarded, other than those concerning the administration of the Promotion or the determination of winners, shall be resolved individually, without resort to any form of class action; (ii) any and all disputes, claims and causes of action arising out of or connected with this Promotion, or any prizes awarded, shall be resolved exclusively by the United States District Court or the appropriate New York State Court located in New York County, New York; (iii) 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 (iv) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim 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. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsors in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the State of New York, without giving effect to any choice of law or conflict of law rules (whether of the State of New York or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York.

15. Entrant’s Personal Information

Information collected from entrants is subject to Figment’s Privacy Policy which is available at http://figment.com/privacy. By entering the Promotion electronically and voluntarily providing your personal information, all entrants consent and agree to (i) the Sponsors’ collection and use of the entrant’s information for the administration of the Promotion, including contacting entrant in relation to the Promotion, and (ii) Figment’s other uses consistent with its privacy policy and terms of service. Entrant may be revoke Figment’s right to use entrant’s personal information for purposes unrelated to the Promotion at any time (without revoking entrant’s participation in the Promotion or impairing entrant’s chances of winning) by emailing admin@figment.com.

16. Promotion Results

For Promotion results email you request to info@figment.com. Requests for the winner list must be received by with 60 days of the end of the Promotion Entry Period. DO NOT SEND ANY OTHER CORRESPONDENCE OR SUBMISSIONS TO THE EMAIL ADDRESS.