NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS CONTEST. PURCHASE DOES NOT IMPROVE CHANCES OF WINNING. VOID WHERE PROHIBITED OR OTHERWISE RESTRICTED. The Hottest Bod In The World Contest (this “Contest”) begins at 12:00:01 AM Eastern Time on September 21, 2009 and ends at 11:59:59 PM Eastern Time on January 6, 2010 (the “Contest Period”). Parfums de Coeur, Ltd. (“PDC”) may, in its sole discretion, shift or extend the end date of the Contest Period or any of the phases of the Contest Period described herein.
This promotion is sponsored by Parfums de Coeur, Ltd., 85 Old Kings Highway North, Darien, CT 06820.
This Contest is open to legal residents of the contiguous United States, Alaska and Hawaii (The “Eligibility Area”) who are sixteen (16) years of age or older at the time of entry and can enter into valid contracts in their state of legal residence. Contestants between the ages of sixteen (16) and eighteen (18) may be required to submit parental releases for continued eligibility. Only genetically male individuals may enter; no entry from any corporation or other entity shall be accepted. This Contest is VOID outside of the Eligibility Area and where otherwise prohibited or restricted. Employees, officers and directors of PDC and dotbox, LLC (collectively, the “Sponsors”) and their respective affiliates, subsidiaries, consultants and contractors, and all others associated with the development and execution of this contest, and the immediate families and household members of all of the foregoing are ineligible to participate in this Contest. “Household members” shall mean people who share the same residence at least three (3) months of the year. PDC reserves the right to remove from the Contest any person it determines, in its sole discretion, is sufficiently connected with the Contest, the Sponsors or any of the entities described in this paragraph such that such person’s participation in the Contest could create the appearance of impropriety. A potential winner may be required to provide the Sponsors with proof that he meets all eligibility requirements and is the authorized account holder of the e-mail address associated with the winning entry. Limit one (1) entry per contestant.
By submitting an entry, each contestant: (1) agrees to these Official Rules, and the decisions of PDC, which shall be binding and final in all respects; (2) acknowledges that PDC has not made nor is in any manner responsible or liable for any warranty, representation, or guarantee, expressed or implied, in fact or in law, relating to any prize; (3) warrants that they are eligible to participate in this Contest; and (4) warrants that they are not a party to any contractual arrangement, whether written or oral, that would prohibit them from fully participating in the Contest, accepting any prize offered in the Contest, or entering into any contracts that may be required by PDC, including but not limited to an exclusive modeling contract or an exclusive management contract.
To enter, contestants must register for an account at the Contest web page at http://www.hottestbodintheworld.com/ (the “Contest Site”), click on the applicable link on the entry page for the Contest, and follow the instructions provided on the Contest Site. Registration requires the acceptance of the Contest Site Terms and Conditions of Use Agreement [link]. Contestants must submit a recent photograph of themselves (the “Contestant Pictures”) and provide background information including but not limited to their full name, date of birth, gender, email address, mailing address and phone number. PDC reserves the right to refuse entries or Contestant Pictures for any reason.
Entries must be received by 11:59:59 PM Eastern Time on November 16, 2009 to be eligible. Entries received by PDC after the end of the Contest Period will be deemed void. Proof of entering the Contest online and/or proof of delivery of Contestant Pictures will not be deemed to constitute receipt of entry by PDC. No changes to any entry information will be permitted once submitted. All Contestant Pictures become the exclusive property of PDC and will not be acknowledged or returned.
Contestant Pictures must be “in good taste,” and must not incorporate, include or depict any sexually explicit, offensive, illegal, illicit or otherwise harmful content or activity or anything that violates any law or the copyright, trademark, publicity rights, privacy rights or any other rights of any third party. Clothing, tattoos and/or piercings depicted in Contestant Pictures should not contain any visible logos, drawings, cartoons, phrases, trademarks or other third-party materials.
Suggested file size of Contestant Pictures is 150kb or greater per picture. Contestants may be asked to submit additional Contestant Pictures at various stages of the Contest. PDC may require sufficient documentation to establish that a Contestant is, in fact, the individual depicted in the Contestant Pictures, that Contestant Pictures accurately reflect contestant’s current physical appearance, and that Contestant Pictures do not violate any right of any third party.
Each contestant represents and warrants that their Contestant Pictures are original and have not been copied in whole or in part from any other work, that they are the sole author and owner with the full power to submit their Contestant Pictures and to grant the licenses herein to PDC and the Sponsors, and that their Contestant Pictures have never been published. By submitting Contestant Pictures to PDC, each contestant grants to PDC and the Sponsors a perpetual, irrevocable, nonexclusive, fully-paid, royalty-free license to use, reproduce, display, distribute, publish, modify and create derivative works from the contestant’s Contestant Pictures in any media now known or hereafter developed. Each contestant hereby waives any opportunity or right to inspect or approve their Contestant Pictures and/or any final product in which it may be used or incorporated. Each contestant hereby releases PDC and the Sponsors from all claims now or hereafter existing which may arise from any use, non-use or editing of the contestant’s Contestant Pictures.
All visitors to the Contest Site (“Visitors”) can review and rate all eligible Contestant Pictures during all phases of the Contest Period. Visitor rating is limited to one (1) rating per IP address every twenty four (24) hours per Contestant Picture. For every positive rating a Contestant Picture receives, the contestant will receive one (1) point. Visitors can also register non-contestant accounts. Registered non-contestants (“Registrants”) may elect to support a contestant by signing up to become the contestant’s “Fan.” Registrants may be Fans of an unlimited number of contestants. Contestants will receive twenty five (25) points for each Fan they receive. If at any point during the Contest Period a registrant elects to stop supporting a contestant as a Fan, the contestant will lose the twenty five (25) points previously awarded.
The second phase of the Contest begins at 12:00:01 AM Eastern Time on October 1, 2009 and ends at 11:59:59 PM Eastern Time on November 17, 2009 (the “Dueling Phase”). During the Dueling Phase, contestants will continue to receive points from Visitor ratings and Fan signups. Contestants with twenty (20) or more Fans (“Challengers”) may initiate a voting contest (“Duel”) against Challengers of their choice or randomly selected Challengers. Challengers may only participate in one (1) Duel at a time. Upon receiving an invitation to Duel, a Challenger will have twenty four (24) hours to either accept or decline. Challengers that do not reply will be automatically engaged in the Duel. Challengers that decline Duel invitations will be ineligible to Duel for twenty four (24) hours. Challengers may Duel each other only once during the Dueling Phase (no rematches).
When a Duel occurs, Fans of both Challengers will be prompted to log in to the Contest Site and vote for the Challenger that they prefer. Duels shall be open for voting for twenty four (24) hours, beginning upon acceptance or non-rejection of the Duel (the “Duel Period”). Visitors may contribute votes to active duels, but will not be notified of their occurrence. The Challenger who receives more votes shall be deemed to have won and will receive points equal to the number of Fans of the losing Challenger at the conclusion of the Duel Period. Fans of the losing Challenger will then be prompted, but not required, to become Fans of the winning Challenger. Should the Challengers receive an equal number of votes, the Challenger with fewer Fans shall be deemed to have won the Duel. Should the Challenger receive an equal number of votes and have an equal number of Fans, the Challenger who did not initiate the Duel shall be deemed to have won. Limit one (1) vote per Duel per person.
The third phase of the Contest begins at 12:00:01 AM Eastern Time on November 24, 2009 and ends at 11:59:59 PM Eastern Time on December 8, 2009 (the “Tournament Phase”). The ninety six (96) Challengers with the highest point totals each will be seeded in a single elimination tournament of voting contests (“Rounds”). Seeding for Rounds shall be determined based on the Challengers’ point totals. Rounds shall be open for voting for seventy two (72) hours. The Challenger who receives more votes shall be deemed to have won and shall receive points equal to the number of Fans of the losing Challenger at the conclusion of the Round. Advancing Challengers shall be reseeded according to their point totals and advance to the next Round until three (3) Challengers (the “Finalists”) remain. Limit one (1) vote per Round per person.
The fourth phase of the Contest begins at 12:00:01 AM Eastern Time on December 15, 2009 and ends at 11:59:59 PM Eastern Time on December 23, 2009 (the “Final Phase”). The Final Phase will be determined by a popular vote of all Fans, Registrants and any Visitors who submit a valid email address. Limit one (1) vote per person. In order to advance to the Final Phase, Finalists must participate in the filming of a promotional video about the Contest and execute releases and/or other necessary contracts as requested by PDC. Finalists will not be compensated for their appearance in such film. Filming will take place on a date between December 10, 2009 and December 12, 2009. PDC shall provide round-trip coach tickets to Los Angeles from the airport closest to Finalists’ residences and airport transfers (or provision of other appropriate transportation of PDC’s selection for Finalists not requiring air transportation) and one night’s single-occupancy lodging (room and tax only). If a Finalist cannot or will not participate in such filming, an alternate Finalist may be selected by PDC from the remaining eligible contestants.
PDC reserves the right to reject any votes that it determines, in its sole discretion, to have been cast in violation of these Official Rules.
One (1) Grand Prize Winner will receive $10,000 in cash, a modeling contract with PDC, an opportunity to have their likeness incorporated into a billboard advertisement developed by PDC for a Body Heat advertising campaign on the roof of the W Hotel at Hollywood Blvd. and Vine St. in Hollywood, California, and a trip for three (3) to Hollywood, California. Trip must be completed between January 18, 2010 and February 15, 2010 or trip will be forfeited and no compensation given.
Trip includes three (3) round-trip coach tickets to Los Angeles from the airport closest to Grand Prize Winner’s residence and airport transfers (or provision of other appropriate transportation of PDC’s selection for Grand Prize Winner not requiring air transportation) and two (2) days and two (2) nights lodging (room and tax only). The verifiable retail value of trip components is $1,500. Actual retail value may vary based on airfare fluctuation, location of destination relative to departing city and timing of trip. Any difference between that verifiable retail value and the actual costs of the prize will not be awarded.
Scheduling of transportation and accommodations are subject to availability; blackout periods may apply. All other costs, charges, taxes, surcharges, fees or expenses connected with the trip are the sole responsibility of the Grand Prize Winner. PDC and Sponsors may satisfy prize delivery obligations through delivery of gift certificates, vouchers and passes for the trip package components. All vouchers, gift certificates and passes are subject to any and all restrictions stated on thereon. Travel companions must complete a travel guest liability/publicity release prior to the trip. Travel companions must be the age of majority in their state of residence.
One (1) Second Prize Winner will receive $2,500 in cash.
One (1) Third Prize Winner will receive $1,000 in cash.
PDC reserves the right to withhold any taxes as required by applicable law. All prizes will be awarded (other than prizes withheld for tax purposes as required by applicable law) and may not be assigned or transferred; no substitutions or cash equivalents are allowed except by the Sponsors who reserve the right to award a prize of equal or greater value in the event any prize, or portion thereof, is unavailable. All applicable taxes, fees, and other expenses relating to the prizes, including but not limited to those associated with acceptance or taking delivery of the prizes, are the sole responsibility of the winners. Return of any prize or prize notification as undeliverable may result in disqualification and alternate determination of winner from remaining eligible contestants. Odds of winning depend on the number of entries received.
On January 6, 2010, the winners will be selected based on the above-described voting procedures and eligibility standards. All prize awards are subject to verification and will be awarded upon winner validation and verification by PDC. The potential winners will be notified by electronic mail and/or phone on or about January 2, 2010. If an initially selected winner is ineligible, cannot be contacted after two (2) attempts by PDC, or fails to complete and return any required documents to PDC within five (5) days of receipt of the documents, the prize will be forfeited and an alternate winner will be selected by PDC from the remaining eligible contestants. Each potential winner will be required to sign and return a notarized affidavit of eligibility/compliance (including their Social Security Number if required for tax reporting purposes) and a liability/publicity release, as allowed by law, within five (5) days of notification attempt or prize will be forfeited, and an alternate winner will be selected by PDC from the remaining eligible contestants. Potential winners between the ages of sixteen (16) and eighteen (18) must provide a parental release within five (5) days of notification attempt or prize will be forfeited, and an alternate winner will be selected by PDC from the remaining eligible contestants.
Any false information provided by any contestant concerning their Contestant Pictures, identity, mailing address or ownership of right or any non-compliance by a contestant with these Officials Rules may result in the immediate disqualification of the contestant from this Contest. PDC reserves the right to remove any Contestant Pictures that it believes, in its sole discretion, are offensive or harmful, violate any law, infringe, violate or misappropriate any intellectual property right or privacy or publicity right of a third party, or otherwise do not comply with these Official Rules and to disqualify the contestant who uploaded them. PDC further reserves the right to disqualify any contestant for behavior or speech that is, in its sole discretion, inappropriate, offensive, illegal, obscene, threatening or defamatory. PDC further reserves the right to disqualify any contestant that PDC, in its sole discretion, believes might negatively impact PDC and/or the Sponsors’ public image and/or brand image. Persons found tampering with, abusing, or otherwise disrupting any aspect of this Contest, as solely determined by PDC, will be disqualified. If disqualified, PDC reserves the right to terminate the contestant’s eligibility to participate in this and future promotions and contests of PDC or any of its subsidiaries or affiliates.
ANY ATTEMPT BY A CONTESTANT OR ANY OTHER INDIVIDUAL TO UNDERMINE THE LEGITIMATE OPERATION OF THIS CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, PDC RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
In the event this Contest is challenged by any legal or regulatory authority, PDC reserves the right to terminate the Contest, or to disqualify contestants residing in the affected geographic areas. In such event, neither PDC nor the Sponsors shall have any liability to any contestants who are disqualified due to such an action. In the event any portion of this Contest is compromised by any non-authorized human intervention, actions of contestants, or other causes beyond the control of PDC which, in the sole opinion of PDC, corrupt or impair the integrity, administration, security, or operation of this Contest, PDC reserves the right, at its sole discretion, to suspend, modify, abbreviate or terminate the Contest without further obligation. If PDC elects to abbreviate the Contest, winner(s) will be determined from all eligible entries received prior to the action or compromise giving rise to the suspension or termination of this Contest.
NEITHER PDC NOR THE SPONSORS ARE RESPONSIBLE OR LIABLE FOR: (1) ANY TYPOGRAPHICAL OR PRINTING ERRORS IN THE OFFER, ADMINISTRATION OF THIS CONTEST, OR IN THE ANNOUNCEMENT OF PRIZES; (2) LATE, LOST, ILLEGIBLE, INCOMPLETE, STOLEN, MISDIRECTED, OR POSTAGE-DUE MAIL; (3) INCORRECT OR INACCURATE ENTRY INFORMATION, WHETHER CAUSED BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED IN THIS CONTEST OR BY ANY HUMAN ERROR WHICH MAY OCCUR IN THE PROCESSING OF THE ENTRIES IN THIS CONTEST; (4) ANY TECHNICAL ERRORS INCLUDING, BUT NOT LIMITED TO, TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS, OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF ANY E-MAIL ON ACCOUNT OF TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR AT ANY WEBSITE, OR ANY COMBINATION THEREOF; OR (5) ANY OTHER ERRORS IN THE ADMINISTRATION OF THE CONTEST. IN NO EVENT WILL PDC, ITS SUBSIDIARIES OR AFFILIATES, OR ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, EXEMPLARY, EXPECTATION, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THIS CONTEST, ANY ACCEPTANCE, POSSESSION, USE OR MISUSE OF THE PRIZE(S) AWARDED IN CONNECTION WITH THIS CONTEST, OR CLAIMS BASED ON PUBLICITY RIGHTS OR INVASION OF PRIVACY.
By participating in this Contest, each contestant releases and agrees to indemnify and hold PDC, the Sponsors, their respective parent companies, subsidiaries and affiliates, and its and their respective officers, directors, employees and agents harmless from any and all liability, claims or actions of any kind whatsoever arising out of the contestant’s entry and/or participation in this Contest, use by PDC and the Sponsors of contestant’s Contestant Pictures, contestant preparing for, participating in, and/or traveling to and from taking delivery of any prize or any prize-related activity, and contestant’s acceptance, possession, use or misuse of a prize. This indemnification and release section survives expiration of the Contest Period.
All disputes arising from or relating to this Agreement shall be submitted exclusively to the jurisdiction of the state and federal courts located in New York County in the State of New York, and each Contestant hereby irrevocably consents to the jurisdiction of such courts and waives all objections thereto. Each Contestant hereby irrevocably waives any and all right to trial by jury in any legal proceeding in connection with this Contest, the Official Rules & Regulations and any and all further transactions contemplated hereby. Except where prohibited, each Contestant agrees that any and all disputes which cannot be resolved between or among the parties and any claims or causes of action arising out of or connected with this Contest, any prize awarded, or the determination of winners shall be resolved individually, without resort to any form of class action. Any and all disputes that arise relating to this Contest must be filed within one (1) year from the date that the winner(s) is announced.
Any personal information provided by contestants will be used by PDC to administer this Contest and may also be used by PDC, the Sponsors, and their respective subsidiaries or affiliates to contact contestants for marketing purposes and for other purposes as stated in the Contest Privacy Policy located http://www.hottestbodintheworld.com/privacy.htm. If a contestant does not wish to be contacted, the contestant may submit a request to PDC and the Sponsors in accordance with the Privacy Policy.
For a copy of these Official Rules or the names of the winners, send a self-addressed, stamped envelope to: BodyHeat Promotion, c/o dotbox, 29 W 17th Street, 5th Floor, New York, NY 10011. Residents of WA and VT may omit return postage. Please allow 30-60 days for processing and delivery.
Where permitted by law, winners grant PDC, the Sponsors and their respective designees the right to use and publish their proper name and state of residence in connection with this Contest. Acceptance of any prize also constitutes permission for PDC, the Sponsors, their respective subsidiaries and affiliates to use any prize winner’s name, likeness and/or biographical information for advertising, trade, publicity and promotional purposes in any media now known or hereafter devised without review, notification, approval, or compensation, unless otherwise prohibited by law.
This Contest is strictly for promotional and entertainment purposes and may not be used in connection with any form of gambling.
Headings are provided for reference purposes only and will not be given any substantive effect.
The failure to exercise or enforce any right or provision of these Official Rules shall not constitute a waiver of such right or provision. If any part of these Official Rules is held by a court of competent jurisdiction to be invalid or unenforceable, that part will be enforced to the maximum extent permitted by law, and the remainder of these Official Rules will remain fully in force.