The Gather.com My Favorite Donny Osmond Memory Contest: Official Rules and Submission Guidelines

NO PURCHASE NECESSARY TO ENTER OR WIN. MAKING A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. The Gather.com My Favorite Donny Osmond Memory Contest (“My Favorite Donny Osmond Memory Contest”) is sponsored by Gather Inc. ("Gather"), 85 Devonshire Street, 3rd fl., Boston, MA, 02109.

(Gather Inc. is sometimes referred to herein as the "Sponsor" and all references to Sponsor shall, unless otherwise indicated, be deemed to reference Gather Inc.)

1. ELIGIBILITY: To enter, you must be a member of Gather.com. If you are not a member, click hereto join.

Open to Gather members 13 years of age or older. Employees, officers, directors, agents and representatives of Gather Inc. ("Sponsor"), American Public Media Group, Minnesota Public Radio, Southern California Public Radio, The Hearst Corporation, The McGraw-Hill Companies, and their respective parent companies, subsidiaries, affiliates, promotion, advertising, design, web design, web hosting, publicity, production and print production agencies and anyone connected with the production, hosting and distribution of this Competition (collectively, "Competition Entities"), their immediate family members (parents, children, siblings, spouse and each of their respective spouses, regardless of where they live) and members of any of their households are not eligible to enter or be awarded a prize. All photos and articles must be original and must not have been published for profit elsewhere at any time. You may not submit an entry on behalf of someone else. Any Entrant who publishes a photo, wihtout an accompanying article, as their sole submission in the My Favorite Donny Osmond MemoryContest must be the photographer of the photo. Void where prohibited by law. All applicable international, federal, state and local laws apply.

2. CONTEST DETAILS: Entrants can compete by posting an image or article expressing their favorite Donny Osmond memory. All entrants must post photo(s) and article(s) to the Gather Essentials: Music group. Multiple entries per unique username, email address or person or household are permitted.

All entries must be: original work, unsold, and unpublished (except on Gather.com, personal websites and blogs, and other content-sharing sites). Entries may not be submitted elsewhere until the My Favorite Donny Osmond Moment Contest is over and the winner is announced. Entries (and accompanying images and captions) must not contain pornography, obscene content, sexual or racial slurs, violence, offensive language or any other objectionable content. Sponsor reserves the right, at its sole discretion, to disqualify any entry that is determined to be in violation of these guidelines.

All entries must be published to the Gather Essentials: Music group and Gather strongly suggests taging entries with donny. If submitting an image only, entrants must additionally include a caption that includes a description of the photo.

All entries must be received by May 10, 2007 at 11:59pm ET in order to be eligible for the competition. Normal time, toll, connection and usage rates, if any, charged by your Internet service provider will apply. All entries become the property of the Sponsor and will not be returned.

3. HOW TO ENTER: The My Favorite Donny Osmond Memory Contest begins on Wednesday, April 25, 2007 and ends 11:59pm ET on Thursday, May 10th (the "Entry Period").

1) Become a member of Gather.com.

2) Go to Gather.com and sign in.

3) Click here to join the Gather Essentials: Music group.

4) Publish your Entry:

§       Click on the "Publish" button at the top of any Gather page

§       Select “Publish an Image” or “Publish an Article”

§       Browse to find and then upload your image; images must be JPG format only and can not exceed 1.5Mb OR begin typing article in the space provided (you may also cut and paste from a WORD document)

§       If submitting only an image, in the “Image Caption” field, you must add a caption with description of the photo (ie: Me at 13 years old at the Donny Osmond concert at the Cape Cod Melody Tent)

§       In the “Tags” field, it is strongly encouraged that applicants use the tag: donny

§       In the "Who can view my image" or “Who can view my article” field, click "Everyone" and also select the "Gather Essentials: Music” group from your group list

§       Click "Save"

 **Please note: Because the Music Essentials group is moderated, your entry will not appear immediately in http://music.gather.com. It may take up to a day for the moderator to accept it into the contest.

To verify that you have tagged your photo(s) or articles(s) properly, you can check www.gather.com/donny and look for your photo(s) or articles(s) under “Recent Images” or “Recent Articles.”

Please contact support@gather.com with any additional contest questions. Use the subject line Donny Contest in your email, and please attach a JPG of your image(s) or WORD document of your article if you are having trouble posting to the site.

4. RELEASES: By entering the contest, entrants verify that they own the copyright to their submission(s) and that the photo(s) and article(s) is original work, unsold, and unpublished (except on Gather.com, personal websites and blogs, and other photo-sharing sites).

Upon Sponsor’s request, entrants must be prepared to provide a signed written personal release from all identifiable persons who appear in the photograph submitted, authorizing use of the photograph by any Sponsor, and/or its licensees, affiliates or designees (the "Authorized Parties") in editorial publications, marketing and promotions in any and all media. Also, upon Sponsor’s request, entrants must be prepared to provide a signed written release from the copyright owner of a sculpture, artwork or other copyrighted material that appears in the entry, authorizing use of the photograph by any Authorized Party in editorial publications, marketing and promotions in any and all media. Failure to provide such releases upon request may result in disqualification and selection of an alternate winner.

4. JUDGING & VOTING: Between Wednesday, April 25 and Thursday, May 10 Gather.com members will read and rate entries based on the following 4 criteria: originality, creativity, ability to engage readers and appropriateness to the topic. Gather.com members will rate the entries using Gather.com’s rating system. Five (5) finalists will be chosen based on a standard weighted formula that includes average rating and number of votes.

The finalists will be announced by Donny Osmond in an article posted to Gather Essentials: Music with links to each of the five articles or images on Friday, May 11. Once the five finalists are announced, the voting period is over and Donny Osmond will select one winner out of the five finalists. Once the finalists have been announced Gather.com members can continue to comment and vote on submissions but votes will not count towards contest ratings. On Tuesday, May 15 Donny Osmond will post an article to Gather Essentials: Music announcing the winner. Decisions are final and binding with respect to all matters related to the Photo Contest. 

5. PRIZES: (1) The winner will receive:

• Personal phone call from Donny Osmond (date/time to be decided upon announcement of the winner)
• A CD signed by Donny Osmond
• A photo signed by Donny Osmond

The 4 runner-ups will receive:

• A CD signed by Donny Osmond

Approximate Retail Value (“ARV”) =  $50 (each prize)

Winners are solely responsible for all expenses and costs associated with acceptance and/or use of the prize not specifically stated herein as being awarded, including, without limitation, any and all international, federal, state, and local taxes. All prize details are at the sole discretion of the Sponsor. Winners may not substitute, assign or transfer prizes or redeem prizes for cash, but Sponsor reserves the right, at its sole discretion, to substitute prizes (or portion thereof) of comparable or greater value. If winners cannot accept prizes as stated, prizes will be forfeited and at Sponsor's discretion, an alternate winner selected. By entering, entrants agree to be bound by these Official Rules and decisions of Sponsor and judges, which are final and binding in all respects. Potential winners will be notified by email and/or mail and shall be required to execute and return within five (5) days of delivery, unless prohibited, an Affidavit of Eligibility and a Liability and Publicity Release. Failure to comply within the time period with these Official Rules or the return of prize notification as undeliverable may result in forfeiture of prizes and, at Sponsor’s discretion, selection of an alternate winner

6. GENERAL RULES: Acceptance of prize constitutes permission to the Sponsor and its designees to use winners’ name, city, state, likeness, voice, biographical information and statements for purposes of advertising, promotion and publicity in any and all media, now or hereafter known, throughout the world in perpetuity without additional compensation, notification or permission, unless prohibited by law. By participating, entrants (i) agree to release and hold Sponsor, and its respective parents, affiliates, subsidiaries, dealerships, partners and advertising and promotion agencies, and each of its respective directors, officers, employees and assigns (collectively, the "Released Parties"), harmless against any and all claims and liability arising out of participation in the My Favorite Donny Osmond Memory Contest or misuse, nonuse or use of the prize (including any travel or activity related thereto); (ii) waives all rights to claim punitive, incidental and consequential damages, attorneys' fees or any damages other than actual out-of-pocket costs incurred to enter; and (iii) agrees to be bound by these Official Rules and the decisions of the Sponsor and judges, which are final and binding on all matters relating to the Photo Contest. No responsibility is assumed by Released Parties for lost, stolen, late, illegible, undelivered, delayed, inaccurate, misdirected or postage-due entries or mail or for any other errors of any kind related to or in connection with this My Favorite Donny Osmond Memory Contest. Released Parties are not responsible for incomplete, lost, late, damaged, illegible, inaccurate, misdirected, garbled, delayed or undelivered codes or entries or postage-due mail; or for technical hardware or software malfunctions or failures of any kind, lost, unavailable network connections, or failed, incomplete, garbled or delayed computer transmission, which may limit an individual's ability to participate. Sponsor reserves the right in its sole discretion, to cancel, suspend or modify the My Favorite Donny Osmond Memory Contest, or to disqualify any implicated entrant(s), if any fraud, virus, actions by entrants, technical or other error or problem, or any other occurrence corrupts or affects the administration, integrity, security, or proper play of the My Favorite Donny Osmond Memory Contest, as determined by Sponsor in its sole discretion. In the event of cancellation, Sponsor reserves the right, at its sole discretion, to award the prize in a random drawing from among all eligible, non-suspect entries received up to the time of the event or action warranting such cancellation. In the event this My Favorite Donny Osmond Memory Contest is cancelled prior to the stated end date, a notice will be posted at http://music.gather.com.

NOTE: Any attempt by an entrant to deliberately damage any website or undermine the legitimate operation of the My Favorite Donny Osmond Memory Contest is a violation of criminal and civil laws, and should such an attempt be made, Sponsor reserves the right to seek damages from any such entrant to the fullest extent permitted by law, including criminal prosecution. Released Parties are not responsible for any technical, mechanical, printing, typographical, human or other error relating to or in connection with the My Favorite Donny Osmond Memory Contest, including, without limitation, errors that may occur in the administration of the My Favorite Donny Osmond Memory Contest, the processing of entries, the announcement of the prizes or in any My Favorite Donny Osmond Memory Contest-related materials; or for any liability for damage to any computer system resulting from participating in, or accessing or downloading information in connection with this My Favorite Donny Osmond Memory Contest.

7. NO WARRANTIES: Sponsor makes no warranties covering any of the prizes furnished as part of this My Favorite Donny Osmond Memory Contest.

8. GOVERNING LAW: This My Favorite Donny Osmond Memory Contest and the rights and obligations of the Sponsor and participants will be governed by and controlled by the laws of the State of Massachusetts, applicable to contracts made and performed therein without reference to the applicable choice of law provisions. All actions, proceedings, or litigation relating hereto will be instituted and prosecuted solely within the State of Massachusetts. The parties consent to the jurisdiction of the state courts of Massachusetts and federal court located with such state and county with respect to any action, dispute, or other matter pertaining to or arising out of this My Favorite Donny Osmond Memory Contest.

9. PRIVACY: Entrants' name, contact information, together with all other information provided as part of the My Favorite Donny Osmond Memory Contest to Gather.com, will not be shared with any third parties without consent of entrants.