1. Sponsor: Colgate Show Us Your Smile Contest ("CONTEST") is sponsored by the Colgate-Palmolive Company, 300 Park Avenue, New York, New York 10022 ("Sponsor").
2. How to Enter: You must enter from 9:00 A.M. Eastern Time ("ET") on March 25, 2008 through 11:59 P.M. ET on April 28, 2008 ("Entry Period"). To enter the Contest, before 11:59 PM (ET) Monday, April 28, 2008, you must complete the following:1) Be a registered member of Gather.com. To register, please visit http://www.gather.com and click on the "Join Today – It's Free!" link. You must create a user profile that contains your full, legal name, your hometown, and a valid e-mail address. All information collected on Gather.com will be subject to Gather's privacy policy.
2) You must join the Colgate Smile group on Gather, by going to http://smile.gather.com and clicking "Join this Group." Joining this group is free of charge.
3) If your submission has been previously published as a photo on Gather.com, remove it from the site.
4) Go to http://smile.gather.com. Click "Publish" at the top of the page. Then, select "Publish an Image." Browse your computer for your image file and upload it to the site. In the "caption" field, you must provide a description of your "smile moment," and complete your description with the sentence "My Colgate Smile is _______," and the blank must be completed with an adjective. Then, in the "Tags" field, you must insert the tag "smile," separated from any other words by a comma, and under "Who can view my article," you must select "Everyone" and the "Colgate Smile" group. Click "Publish". Entrants should submit an original photo of the entrant or a friend/family member smiling.
Please do not publish the same entry on Gather.com more than once.
If you have any trouble registering for the Gather.com and/or the Colgate Smile group, and/or uploading your photo submission please email support@gather.com for help.
Entries must be submitted online. All Entries become the property of Sponsor and will not be acknowledged or returned. High quality, clear photographs are strongly suggested. Sponsor is not responsible for late, incomplete, damaged entries or electronic entries which are not in required format.
Entrants may submit more than one submission in the Contest, but each submission must include a unique image.
3. Eligibility. The Contest is open only to legal residents of the 50 United States or the District of Columbia who are at least 18 years of age at the date of entry. The Contest is not open to employees of Colgate-Palmolive, VML, and Gather (collectively, "Contest Entities"), each of their respective affiliates, subsidiaries, and advertising or promotional agencies, and the immediate family members of, and any persons domiciled with, such employees.
Entrant will be disqualified if Entry feature(s) any content determined by Sponsor or the Judge, in the sole discretion of any party, as indecent, inappropriate, morally objectionable or otherwise unfit for publication. Entries not satisfying these Official Rules in any respect will be automatically disqualified.
5. Judging and Winner Selection: The Contest will run in 2 stages, defined below:
Stage 1
On March 25, 2008: Launch of Contest: 36-day submission period for entrants to submit photo(s).
April 28, 2008: Submission period ends at 11:59 PM ET.
Stage 2
On or about May 5, 2008: Ten (10) finalists are identified by the Gather Editorial Team based on the judging criteria set forth below in these official rules.
An article is posted to the Colgate Smile Group announcing the finalists.
May 9, 2008: One (1) Grand Prize Winner is selected by Colgate and is announced in an article published to the Colgate Smile group on Gather at smile.gather.com.
Entries will be judged equally on the following criteria: (i) originality (25%), (ii) appropriateness to the "Colgate smile" theme 25%, (iii) creativity (25%), and (iv) sincerity and suitability of the submission (25%).. In the event of a tie, the tying entrants with the highest score for originality and appropriateness to the "Colgate smile" theme will be the winner. In the event of a further tie, the entrants will be re-judged based on originality. Sponsor's decisions will be final and binding in all matters relating to this contest.
6. Prizes: One (1) Grand Prize Winner will receive a new iPod® touch (ARV $400) and a $100 iTunes® Gift Card. Approximate Retail Value (ARV) of the Grand Prize: $500.
All federal, state and local taxes and any other expenses or costs associated with prize acceptance and use not specified as being awarded herein are the sole responsibility of the winners. No substitution, cash alternative or transfer of any prize permitted, except Sponsor may, at its discretion, substitute a prize (or portion thereof) of comparable or greater value. Prizes are awarded "as is" with no warranty or guarantee, either express or implied, offered by Contest Entities. All prize details are at the sole discretion of Contest Entities.
7. Winner Notification: Winner will be notified by e-mail at the discretion of the Sponsor on or about May 9, 2008. The return of a prize notification as undeliverable may result in disqualification and an alternate winner may be selected. Sponsor and its agencies are not responsible for notifications that are misdirected because of addresses that are no longer correct, or for any reason beyond the control of Sponsor. Winners (or parent/legal guardian if potential Winner is deemed a minor in his/her state of residence) may waive their right to receive a prize. Winners are solely responsible for reporting and payment of all federal, state and local taxes on prizes. Winners (or parent/legal guardian if potential Winner is deemed a minor in his/her state of residence) will be required to execute and return within fourteen (14) days of notification an affidavit of eligibility, a liability release and a publicity release (collectively "Release"), except where prohibited by law. Failure to sign and return the Release within fourteen (14) days, or to comply with any term or condition of these Official Rules or the prize notification letter will result in a winner's disqualification, the forfeiture of his or her interest in the prize, and the award of the prize to an alternate winner. Personally identifiable information received will be used only to verify eligibility and award prizes. For more information about Colgate-Palmolive's Privacy Policy, please visit www.colgate.com.8. Waiver: All winners (or parent/legal guardian if potential Winner is deemed a minor in his/her state of residence), by participation in this Contest and acceptance of a prize, agree to release Colgate-Palmolive, VML, Gather and each of their respective parent companies, divisions, affiliates, subsidiaries, distributors, suppliers and advertising, promotional or judging agencies, and their respective employees, officers, directors, agents and legal advisors from any and all liability, claims or actions of any kind whatsoever for injuries, damages or losses to persons and property which may be sustained in connection with the entrant's participation in the Contest or the entrant's acceptance, receipt, ownership or use/misuse of the prize, including, without limitation, personal injuries, and claims based on publicity rights, defamation or invasion of privacy. Each entrant (or parent/legal guardian if potential Winner is deemed a minor in his/her state of residence) agrees that Sponsor and each of its respective parent companies, divisions, affiliates, subsidiaries, distributors, suppliers and advertising, promotional or judging agencies, and their respective employees, officers, directors, agents and legal advisors shall not be liable or responsible for any printing or typographical errors in any materials associated with the Contest. Except where prohibited by law, participation in the Contest constitutes entrant's consent to the publication of his or her name and image in any media for any commercial or promotional purpose, without limitation or further compensation.
9. General Terms: Incomplete entries shall be void. In the event of any dispute concerning the identity of any internet Entrant, the Entry will be deemed submitted by the natural person who is the authorized holder of the transmitting e-mail account. By entering, entrants acknowledge compliance with these Official Rules, including all eligibility requirements. No mechanically reproduced, software-generated or other automated multiple entries are permitted. All entries become the property of the Sponsor and will not be returned. Entry materials that have been tampered with or altered are void. The Sponsor, in its sole discretion, reserves the right to disqualify any person tampering with the entry process, the operation of the Web Site or is otherwise in violation of the Official Rules. Any questions regarding the number of entries submitted shall be determined by Gather in its sole, reasonable discretion, and Gather has the right to disqualify any entries by persons determined to be tampering with or abusing any aspect of the Contest. Sponsor is not responsible for injury or damage to entrants' or to any other person's computer related to or resulting from participating in the Contest. In the event this Contest is compromised for any reason (including computer virus, tampering, bugs, computer malfunction, fraud, unauthorized intervention or other causes beyond the control of the Sponsor and Contest Administrators, which, in the sole opinion of Sponsor, corrupts or impairs the administration, security, fairness or proper play of the Contest, Sponsor reserve the right in their sole discretion to suspend, modify or terminate the Contest. Sponsor are not responsible if the Contest cannot be implemented or prize cannot be awarded due to delays or interruptions due to acts of God, acts of war, strikes, governmental action, natural disasters, weather or acts of terrorism. All federal, state, local and municipal laws and regulations apply.
10. Disputes: Each Entrant agrees to release, defend, indemnify and hold harmless Gather, those working on its behalf, and each of their respective officers, directors, representatives, employees, agents, successors and assigns, from any damage, injury, death, loss or other liability, either at law or equity, whether known or unknown, asserted or non-asserted, that may arise from or in any way relate to any Entrant's participation in this Promotion. Sponsor' use of the Entry or the awarding, acceptance, use or misuse of any Prize. Any and all disputes, claims, and causes of action arising out of or in connection with this Promotion, shall be resolved individually, without resort to any form of class action. This Promotion shall be governed by, and construed in accordance with, the laws of New Yorkand of the United States. Any action or litigation concerning this Agreement shall take place exclusively in the federal or state courts sitting in the Eastern District of New York and each Entrant expressly consents to the jurisdiction of and venue in such courts and waives all defenses of lack of jurisdiction and inconvenient forum with respect to such courts. ANY CLAIMS, JUDGMENTS AND/OR AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS ASSOCIATED WITH ENTERING THIS PROMOTION. ENTRANT HEREBY WAIVES ANY RIGHTS OR CLAIMS TO ATTORNEY'S FEES, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ENTRANT, WHETHER FORESEEABLE OR NOT AND WHETHER BASED ON NEGLIGENCE OR OTHERWISE.
11. Administrator: Gather Inc. ("Gather"), 99 Summer Street, 7th Floor, Boston, MA, 02110.
All decisions of the Sponsor, Contest Administrator and the Judges regarding the selection of winners and all other aspects of the Contest shall be final and binding in all respects. Colgate-Palmolive will not be responsible for typographical, printing of the offer, administration of the Contest, the announcement of the prizes or other inadvertent errors in these Official Rules or in other materials relating to the Contest.
12. Winners' List: For Grand Prize Winner announcement, check http://smile.gather.com on or after May 9, 2008 or send a self-addressed stamped envelope to Gather Inc, 99 Summer Street, Boston, MA, 02110 and reference the Colgate Show Us Your Smile Contest.
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Comments: 21
Thanks.
Tanya brought her concern to me, and I just wanted to share my response with you all.
I've spoken with our Partner Services team (who works directly with Colgate on this promotion), and he clarified the language for both of us:
"Colgate isn't taking full copyright. The language, 'All Entries become the property of Sponsor and will not be acknowledged or returned' refers to the physical entries and simply means that Colgate won't be physically returning the photos to the member. This language generally applies when you physically submit an entry through the mail."
Colgate will not have any copyright to your intellectual property. That is something that you retain.