Martha Stewart Living Radio: The Radio Blog

Official Rules for 2010 MSLR Cupcake Contest

MARTHA STEWART RADIO CUPCAKE CONTEST
OFFICIAL RULES

NO SUBSCRIPTION, PURCHASE OR ONLINE ENTRY REQUIRED TO ENTER OR RECEIVE A PRIZE. A PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING.

These Official Rules apply for the “Radio Cupcake Contest” promotion (“Contest”) conducted by Martha Stewart Living Radio, 601 West 26th St., 9th Fl, New York, New York 10001 (“Sponsor”) and promoted at http://theradioblog.marthastewart.com (“Website”) and in selected issues of The Contest will start at 7:00 AMET on May 10, 2010 and will end at 11:59:59 PM ET on May 14, 2010. By entering this Contest, you agree to the Terms in these Official Rules.

1. CONTEST ENTRANTS AND PRIZE RECIPIENT MUST BE BOTH (A) LEGAL RESIDENTS OF ONE OF THE FIFTY UNITED STATES OR THE DISTRICT OF COLUMBIA, AND (B) CURRENTLY BE EMPLOYED AS A PROFESSIONAL RADIO HOST OR PRODUCER AT THE TIME OF ENTRY TO BE ELIGIBLE. THIS PROMOTION IS NOT OPEN TO THE GENERAL PUBLIC. VOID WHERE PROHIBITED BY LAW. CONTEST SUBJECT TO ALL APPLICABLE FEDERAL, STATE AND LOCAL LAWS AND REGULATIONS. Employees of Sponsor and its respective parent companies, subsidiaries, affiliates, divisions, advertising and promotion, fulfillment and/or judging agencies, and related entities (collectively, the “Released Entities”), and their immediate families are not eligible.

2. TWO WAYS TO ENTER: 1) Online Entries: Email radio@marthastewart.com and submit your creative cupcake in jpeg format along with your complete name, address, telephone number and a valid email address (hereinafter, “Online Entries”). All Online Entries must be received by 11:59:59 PM Eastern Time (“ET”) on May 14, 2010; 2) Mailed Entries: Print a photo of your cupcake and your complete name, address, telephone number, and a valid email address (if available) on a piece of paper and mail it in an envelope to: Martha Stewart Living Radio's Cupcake Contest, 601 West 26th St., 9th Fl, New York, New York 10001(hereinafter, “Mailed Entries”). All Mailed Entries must be postmarked by May 14, 2010 and received by May 19, 2010. All photos must be prepared and submitted in the English language. Limit one entry per household. Submission of Online Entries or Mailed Entries (each an “Entry” and collectively the “Entries”) constitutes your consent to participate in this Contest and your consent for Sponsor to obtain and deliver your name, address and other information to the Prize Partner(s) for the purpose of administering this Contest and for other uses by Sponsor as permitted by applicable law. With respect to Online Entries, Sponsor is not responsible for computer system, phone line, technical, hardware, software or program failures of any kind, lost or unavailable network connections, incomplete, garbled or delayed computer transmission or network connections that are human or technical in nature. Use of automated devices is not valid for entry. 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 this Contest or by any technical or human error which may occur in the processing of the entries in this Contest. With regard to Mailed Entries, no photocopies or mechanically reproduced entries permitted. Sponsor is not responsible for any lost, late, delayed, illegible, incomplete, mutilated, postage due, or misdirected entries. Incomplete, unreadable, inaccurate, unintelligible or late entries or entries which otherwise do not comply with these Official Rules will be disqualified. All entries, upon submission, become the property of the Sponsor and will not be acknowledged or returned and the Sponsor has the right to dispose of the Entries at Sponsor’s discretion. Sponsor reserves the right to, in its sole discretion, cancel, modify or suspend the online portion of this Contest (or the entire Contest) should any computer virus, bugs or other technical difficulty or other causes beyond the control of the Sponsor corrupt the administration, security or proper play of the Contest, at which time, the judging of entries will be conducted as described below in Paragraph #3. By submitting an Entry, you grant Sponsor and its affiliates and subsidiaries the royalty-free right to use, re-use, copy, publish, republish, broadcast, re-broadcast, in whole or in part, edit, modify, rearrange, or otherwise exploit your Entry and any materials based thereon or derived therefrom, in any manner, for any lawful purposes whatsoever, including but not limited to, on the Internet and for any advertising and promotional purposes in any medium (whether now or hereafter known) throughout the world, in perpetuity, without further permission, consideration, or payment, unless prohibited by law. By submitting an Entry, you warrant and represent that the Entry is original and was created solely by you, that the Entry does not incorporate any material owned by any third party, and that use of the Entry as described herein will not violate any law or infringe upon the rights of any third party. If, in the opinion of the judges and/or Sponsor and/or at the sole discretion of the Sponsor, the Entry violates any law or infringes upon the rights of any third party, is inaccurate, illegible, incomplete, or irregular in any way, or otherwise does not comply with the Official Rules, the Sponsor may disqualify the Entry. Sponsor is not responsible for Entries that are processed late or incorrectly or those that are lost or damaged due to computer or electronic malfunction or other error. This Contest may be cancelled in the event an insufficient number of qualified Entries are received that do not meet the minimum standards established by the judges.

3. JUDGING CRITERIA: The entries must will be judged on line at www.theradioblog.marthastewart..com by the public using the following criteria: Originality (0-50 points); and Presentation (0-50 points). The Entry that received the highest number of votes from the public will be deemed the Winner of the Contest. Winner will be notified by U.S. Mail or by telephone on or about May 20, 2010. If the Prize Winner notification or the Prize is returned as undeliverable, the Prize Winner is ineligible, or the Prize Winner declines a prize, the prize will be awarded to the next highest scoring entry. Sponsor’s decisions on all matters relating to this Contest are final and binding in all respects pertaining to this Contest. The Prize will be awarded provided a sufficient number of eligible entries are received.

4. ONE (1) PRIZE: Prize consists of one (1) set of Cupcake Stickers ($2.99) and one (1) Cupcake Punch ($9.99) from Martha Stewart's Michaels line; one (1) Cupcake Tree ($19.99), seventy-five (75) cupcake liners ($3.99), one (1) set of six (6) cupcake boxes ($12.99) and one (1) set of fifty (50) cupcake toppers ($4.99) from Martha Stewart's Macy's line; one (1) Martha Stewart Book "Martha Stewart Cupcakes: 175 Inspired Ideas for Everyone’s Favorite Treat." ($24.99) and twelve (12) months delivery of six (6) Crumbs cupcakes ($270).. Total approximate retail value of Prize: all Prizes: $ 350. All expenses and costs associated with the acceptance and use of the prize are the sole responsibility of the Prize Winner. Prize Winner will be solely responsible for all federal, state and local taxes on prizes. No cash substitution, assignment, or transfer of any prize permitted. In the event a prize is unavailable, Sponsor reserves the right to substitute a prize of equal or greater value. Prize Winner may be required to provide Sponsor with their social security numbers for tax purposes.

5. CLAIMING PRIZE/RELEASE: Prize Winner may be required to execute and return an affidavit of eligibility and a liability and publicity release (unless prohibited by law) to Sponsor within fourteen (14) days of notification. If the selected potential Prize Winner fails to comply with the Official Rules and/or to submit any required documentation within the designated period, Prize Winner will be disqualified and the Prize will be awarded to the next highest scoring entry. Sponsor is not responsible for fraudulent calls or e-mails made to entrants not by the Sponsor.

6. INTERNET: If for any reason this Contest is not capable of running as planned due to an infection by a computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of the Sponsor which corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Contest, the Sponsor reserves the right at its sole discretion, to disqualify any individual who tampers with the entry process, and to cancel, terminate, modify or suspend the Contest. The Sponsor assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries. The Sponsor is not responsible for any problems or technical malfunctions of any telephone network or telephone lines, computer on-line systems, servers, or providers, computer equipment, software, failure of any e-mail or entry to be received by the Sponsor due to technical problems, human error or traffic congestion on the Internet or at any Web site, or any combination thereof, including any injury or damage to participant’s or any other person’s computer relating to or resulting from participating in this Contest or downloading any materials in this Contest. SPONSOR IS NOT RESPONSIBLE FOR INCOMPATIBILITY OF ENTRANT’S HARDWARE, SOFTWARE OR BROWSER TECHNOLOGY WITH SPONSOR’S HARDWARE, SOFTWARE OR BROWSER TECHNOLOGY. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHERREMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. In the event of a dispute as to the identity or eligibility of a winner based on an e-mail address, the winning entry will be declared made by the “Authorized Account Holder” of the e-mail address at time of entry. “Authorized Account Holder” is defined as the natural person 18 years of age or older who is assigned to an e-mail address by an Internet access provider, on-line service provider, or other organization
(e.g., business, education institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. Sponsor may ask any entrant or potential winner to provide
Sponsor with proof that such party is the authorized account holder of the email account associated with the entry.

7. GENERAL: By entering this Contest, entrants and Prize Winner: (1) agree to be bound by these Official Rules; (2) agree to release Sponsor and the Released Entities from any and all liability for any loss, harm, damages, costs or expenses, including without limitation property damages, personal injury and/or death arising out of participating in this Contest, or the acceptance, possession, use or misuse of any prize and claims based on publicity rights, defamation or invasion of privacy and merchandise delivery; and (3) consent to the use of his/her name, voice, picture, and likeness for advertising and promotional purposes in any medium throughout the world in perpetuity without additional compensation unless prohibited by law, and (4) acknowledged that Sponsor and Released Entities have neither made nor are 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. Sponsor may discontinue this Contest at any time. Sponsor may terminate any Contest or decide to modify it in any manner that it deems fair and equitable to participants if it becomes aware of any occurrence that would materially affect the Contest’s’ security and fairness. Sponsor may prohibit individuals from participating in Contest and disqualify entries if they (1) attempt to enter the Contest through any means other than as described in these Official Rules, (2) attempt to disrupt the Contest or circumvent the terms and conditions of these Official Rules in any way or (3) repeatedly show a disregard for the Contest Official Rules or act (a) in an unsportsmanlike manner, or (b) with an intent to annoy, abuse, threaten or harass any other entrant or Sponsor. Sponsor’s decisions with respect to the Contest are final.

8. LIABILITY & RELEASE: By participating in this Contest, entrants agree to release and hold harmless Sponsor, the Released Entities, including but not limited to Martha Stewart Living Omnimedia, Inc. from and against any claim or cause of action arising out of participation in the Contest or receipt or use of any prize hereunder, including, but not limited to: (a) unauthorized human intervention in the Contest; (b) technical errors related to computers, servers, providers, or telephone or network lines; (c) printing errors; (d) lost, late, postage-due, misdirected, or undeliverable mail; (e) errors in the administration of the Contest or the processing of entries; or (f) injury or death to a person(s) or damage to property which may be result, directly or indirectly, in whole or in part, from entrant’s participation in the Contest or entrants receipt, acceptance, use &/or enjoyment of any prize, including but not limited to travel and lodging portions of any prize. In no event shall the Released Entities be liable for attorney’s fees. Entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages. Sponsor and Released Entities reserve the right to correct typographic, clerical or printing errors in any Sweepstakes materials. Sponsor and Released Entities are not responsible for any typographical or other error in the printing of this Sweepstakes, the administration of the Sweepstakes or in the announcement of Prize Winner, including such error as may give an erroneous indication that a prize has been won. In the event the Sponsor or Released Entities are prevented from continuing with this Sweepstakes, or the integrity and/or feasibility of the Sweepstakes is undermined by any event including but not limited to fire, flood, epidemic, earthquake, explosion, labor dispute, or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, war (declared or undeclared), terrorist threat or activity, or any federal, state, provincial or local government law, order of regulation, order of any court or jurisdiction, or other cause not reasonably within the Sponsor’s or Released Entities’ control (each a “Force Majeure” event) the Sponsor and Released Entities shall have the right, in their sole discretion, to abbreviate, modify, suspend, cancel or terminate the Sweepstakes without notice or further obligation. If the Sponsor or Released Entities, in their discretion, elect to abbreviate, cancel or terminate the Sweepstakes as a result of a Force Majeure event, the Sponsor and Released Entities reserve the right, but shall have no obligation, to award the prize from among all valid and eligible entries received up to the time of such Force Majeure event.
9. USE OF INFORMATION: The information that you provide in connection with the Contest may be used for Sponsor's internal purposes and to send you information about Sponsor’s products and special promotions but will not be provided to third parties, except as necessary for the administration of the Contest or as required by law or legal process. Entry constitutes permission to post winner’s name on Website and to use winner’s name, hometown and/or likeness for purposes of advertising and promotion without further compensation unless prohibited by law. If you do not wish to receive information from Sponsor in the future, please make sure to uncheck the appropriate box on the Official Entry Form. For additional information about Sponsor’s Privacy Policy go to http://www.marthastewart.com/privacy-policy?rsc=footer.

10. NAME OF WINNER: : To obtain the name of the Winner , available after June 10, 2010, or a copy of the Official Rules, send a self-addressed, stamped #10 envelope to be received by September 15, 2010, Martha Stewart Living Radio, 601 West 26th St., 9th Fl, New York, New York 10001 . Please specify "Official Rules" or "Winners List".

11. HAVE A QUESTION? Visit our website and email us at www.theradioblog.marthastewart.com or write us at [radio@marthastewart.com]

NATURE OF SPONSOR’S BUSINESS: Media.

Copyright © 2010, Martha Stewart Living Omnimedia, Inc. All rights reserved.