The Baci
KISS ME!
Photo Contest

OFFICIAL CONTEST RULES

NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN.

The following Promotion is intended for participants in the United States only and shall be construed and evaluated according to the laws of the United States.  Do not proceed into this Promotion if you are not a legal resident of the United States.  Further eligibility restrictions are contained in the Official Rules below.

1. ELIGIBILITY:  Open to legal residents of the United States and the District of Columbia, who are physically located and residing therein, and who are at least 18 years of age.  Void in Puerto Rico, all U.S. territories and possessions and where prohibited by law.  Entries must be from individuals only; groups and organizations and multiple-party entries are not eligible.  This promotion is governed by U.S. law and is subject to all applicable federal, state and local laws and regulations.  For those Entrants who submit their entry through the Internet, the Entrant must be the rightful owner (or have authorized use) of the e-mail address identified in the Entrant’s entry.  Employees of Colavita USA, LLC d/b/a Perugina USA (sponsor), its respective parents, distributors, affiliates, subsidiaries, advertising, promotion and fulfillment agencies and members of the immediate family or household of each are not eligible.  Immediate family members include parents, siblings or any person residing in the same household as employee.

2. HOW TO ENTER:  Promotion begins on October 5, 2009 at 12:00:01 a.m. Eastern Time (ET) and ends on March 30, 2010 at 11:59:59 p.m. ET (“Promotion Period”).  Entrants may participate in the Promotion by going to the Promotion page located at www.bacikisses.com and following the on-screen instructions to completely and accurately provide all of the requested entry information, including the submission of a photo.  Digital photos, minimum 300 bpi resolution is preferred.  In the alternative, Entrant may participate in the Promotion by mailing contact information and photo to Baci ‘Kiss Me’ Contest,  P.O. Box 9143, Elizabeth, NJ 07202.  Entrants may enter as often as they wish, however each entry must be submitted separately through Internet submission or by mail. Photos which are obscene, lewd, vulgar and containing nudity will be deleted and you will be prohibited from entering in the future.  Each entry will be reviewed by the Sponsor in order to select the winner of the Grand Prize and Honorable Mention Prizes. 

3. WINNER SELECTION:  A panel of Colavita and Perugina personnel in the U.S. and in Italy will judge the entries. Qualified entries will be judged for creativity,  photo quality,  and overall appeal.  The Grand Prize will be awarded to one (1) winner for best overall photo, as decided by the panel of judges.  Honorable Mention Prizes will be awarded to three hundred (300) winners based on the aforementioned judging criteria, as decided by the panel of judges.  Entries become the sole property of Colavita USA, LLC d/b/a Perugina.  Decision of judges is final.  Final judging will take place by May 1, 2010. Winning photos will be posted on the www.bacikisses.com website by May 15, 2010.

4. WINNER NOTIFICATION:  Winners will be notified by mail within four weeks of Winner Selection.  Return of any prize or prize notification as undeliverable, if Sponsor is unable to contact the potential winner after reasonable effort, or failure of potential winner to respond within three days of first attempted notification, will result in forfeiture of prize and selection of an alternate winner.  Sponsor is not responsible for entries lost or delayed in delivery and reserves the right to disqualify illegible or illegal entries or entries that do not comply with the Official Rules and Sponsor’s requests, and award the prize to an alternate winner.

5. PRIZES:

Total Prize ARV: $6,850

      Odds of winning depend on the number of eligible entries received.  ALL FEDERAL, STATE AND LOCAL TAXES, AND ANY OTHER COSTS AND EXPENSES ASSOCIATED WITH THE RECEIPT OR USE OF THE PRIZE ARE THE SOLE RESPONSIBILITY OF THE WINNER.  Prizes not transferable, except at discretion of Sponsor.  Prizes are not redeemable for cash.  Prizes awarded WITHOUT WARRANTY OF ANY KIND, express or implied, without limitation.  If winner chooses not to accept the prize, an alternate winner will be chosen.

      Actual Grand Prize value depends on Winner’s place of residence and cost and availability of airfare and hotel at time of booking and travel and may be substantially higher or lower than estimated value.  Winner and guest are responsible for obtaining the necessary travel documents.  Sponsor will not obtain travel insurance on behalf of any Winner or travel companion.  Any costs of travel exceeding the allowance provided herein shall the be sole responsibility of the Winner.  For the avoidance of doubt, the Winner shall be solely responsible for all expenses not specifically set forth herein, including but not limited to ground transportation to/from U.S. airport, personal expenses, meals, gratuities, tips, taxes and incidentals.  Winner and his/her guest must sign eligibility and liability documents prior to any travel documents being released.  Trip dates will be specified by the Sponsor.  Winner and guest must be available for travel in October 2010.  Trip must be taken on the dates specified by the Sponsor and failure to travel during the specified times will result in forfeiture of the prize.  Sponsor reserves the right to change travel dates and to substitute any or all of these portions of the prize for a prize of comparable or greater value should they become unavailable or impractical for any reason.  Guest of the Winner must be at least 18 years of age and not a minor in his/her state of residence.  If prize cannot be awarded due to circumstances beyond the control of Sponsor, a substitute prize of equal or greater retail value may be awarded; provided, however, that if prizes are awarded but unclaimed/forfeited by recipient, prize may not be re-awarded, in Sponsor’s sole discretion.  Other restrictions may apply.  In the event a trip winner or their guest engages during the trip in behavior that (as determined by Sponsor in Sponsor’s sole discretion) is obnoxious or threatening, illegal or that is intended to annoy, abuse, threaten or harass any other person, Sponsor reserves the right to terminate the trip early, in whole or in part, and send the winner and/or his or her guest home with no further compensation.

6. GENERAL: The potential winner of the Grand Prize may be required to verify address and sign and return an Affidavit of Eligibility, a Liability Release, and, where legal, a Publicity Release, within ten (10) days of first attempted notification.  In the event of noncompliance, the potential winner may be disqualified and an alternate winner selected, at Sponsor’s sole discretion.  By entering, all participants (a) agree to be bound by the Official Rules and the decisions of the Sponsor which are final and binding in all respects; (b) agree to release Sponsor, and its employees and agents from any and all liability, loss, damage or injury resulting from participation in this Promotion or awarding, receipt, possession, use and/or misuse of any prize awarded herein and acknowledge that Sponsor and its employees and agents have neither made nor are in any manner responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to any prize including, but not limited to, its quality, mechanical condition or fitness for a particular purpose; and (c) consent to use of his/her name, photograph and/or likeness, for advertising and promotional purposes without additional compensation, unless prohibited by law. 

      Failure of the Grand Prize Winner to return the executed Affidavit and release forms within the specified time period may result in forfeiture of the prize and selection of an alternate winner from the remaining eligible entries for that prize.  A prize will not be awarded until all such properly executed forms are returned.  Travel companion will be required to verify address and to execute before a notary public an affidavit of eligibility and, if permitted by law, liability/publicity release as directed prior to the travel departure date.  Failure to return the executed travel companion affidavit and release form within the specified time period may result in forfeiture of the prize. Both the Winner and travel companion must agree to a complete background check and Sponsor reserves the right in its sole discretion to choose an alternate winner in the event of a felony act, dangerous or threatening behavior revealed in the background check.  In compliance with the United States Internal Revenue Service regulations, the Sponsor will send a Form 1099 to the Winner, which requires disclosure to the Sponsor of the Winner’s social security number.  The winner remains solely responsible for paying all federal, state and other taxes in accordance with the laws that apply in the Winner’s state of residence.

7. INTELLECTUAL PROPERTY: All photos submitted as entry in the Promotion must be original works.  Entrant represents and agrees that he/she owns the full rights to the photo submission (“Submission”) and that the Submission will not infringe upon the intellectual property rights of any third party.  If Entrant submits a photo to which he/she does not own full rights and future legal action occurs by the true owner of such rights, Entrant will be responsible for costs associated to resolve the dispute. Entrant grants full usage and ownership rights of the Submission to Sponsor without compensation.  All Submissions and all information contained therein, including the copyright and all other intellectual property rights, become the property of the Sponsor and will not be acknowledged or returned.  By submitting a Submission, you irrevocably assign to Sponsor all right, title, and interest in your Submission in any and all media whether now known or hereafter devised, in perpetuity, anywhere in the world, with the right to make any and all uses thereof, including, without limitation, for purposes of advertising or trade.  The rights granted under this paragraph shall extend to all Submissions and all other submitted materials related to the Promotion, including those submitted by non-winners and winners.  By submitting a Submission, you grant to Sponsor and its affiliated companies, the right, except where prohibited by law, to use your name, likeness, picture, address (city and state), e-mail address, voice, biographical information and written or oral statements, for advertising and promotional purposes in promoting or publicizing the Sponsor and its products or services, without compensation unless required by law.  You shall have no right of approval, no claim to compensation, and no claim (including, without limitation, claims based on invasion of privacy, defamation or right of publicity) arising out of any use, blurring, alteration, or use in composite form of your name, picture, likeness, address (city and state), email address, biographical information, or entry.  The rights granted under this paragraph shall extend to Sponsor and its affiliated companies with respect to all entrants in the Promotion, including non-winners and winners.

8. INTERNET:  Sponsor reserves the right, in its sole discretion, to modify, suspend or terminate the Promotion should a virus, bugs or other causes beyond the control of the Sponsor corrupt the administration, security or proper play of the Promotion. In such event, the prize will be awarded from among eligible entries received up to the date/time of corruption or modification, to the extent feasible.  Sponsor is not responsible for late, lost, incomplete, or misdirected entries; computer system, phone line, electronic equipment, computer hardware, software or program malfunctions, or other errors; failures or delays in computer transmissions or network connections; problems downloading entries from the web site; or for any other technical problems related to web site entries. Sponsor is not responsible for incorrect or inaccurate entry information, whether caused by Internet users or by any of the equipment or programming associated with or utilized in the Promotion, or by any technical or human error which may occur in the processing of the entries in the Promotion. CAUTION: ANY ATTEMPT BY A PERSON TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS PROMOTION 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 PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. In the event of a dispute, entries will be declared made by the authorized account holder of the e-mail address submitted at time of entry.  “Authorized account holder” is defined as the natural person who is assigned to an e-mail address by an Internet access provider, on-line service provider or other organization (e.g., business, educational, institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address.

9. DISPUTES:  This Promotion is governed by the laws of the United States, without respect to conflict of law doctrines.  As a condition of participating in this Promotion, participants agree that any and all disputes which cannot be resolved between the parties, 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, exclusively before a court located in New Jersey having jurisdiction.  Further, in any such dispute, under no circumstances will participants be permitted to obtain awards for, and hereby waive all rights to claim punitive, incidental or consequential damages, including attorneys’ fees, other than participant’s actual out-of-pocket expenses (e.g. costs associated with entering), and participant further waives all rights to have damages multiplied or increased.

10. WINNER INFORMATION: For a copy of the winners list or an additional copy of these Official Rules, send a self-addressed, stamped envelope by April 30, 2010 to Baci ‘Kiss Me’ Contest.  P.O. Box 9143, Elizabeth, NJ 07202   Please specify “Rules Request” or “Winners List Request”.  Vermont residents may omit return postage.

11. SPONSOR: The sponsor of this promotion is Colavita USA, LLC d/b/a Perugina USA, 2537 Brunswick Avenue, Linden, NJ 07036.