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The Over Two xStitch Open Call contest ("Contest") is open to all cross stitchers who are 13 years of age or older as of the date of entry. All entries which are prohibited by applicable law shall be deemed to be void. Over Two ("Over Two") reserves the right to verify all eligibility requirements. Contest is subject to all applicable federal, state, and local laws and regulations. Employees and their immediate families (defined as spouses, parents, siblings, children, grandparents and in-laws) and any members of their households employed by Over Two or any of its affiliates, parent corporations, subsidiaries, advertising and promotion agencies are not eligible to participate. Minors under the age of 18 may enter online by providing their parent or legal guardian's e-mail address. Over Two will notify parent or legal guardian when their child has entered a contest at overtwo.com. Parent or legal guardian will have seven (7) days to object by e-mail to their child's entry. If a parent or legal guardian sends an email stating their objection within seven (7) days of being notified by Over Two, such child's entry and information will be deleted. Minors under the age of 18 who are selected as a potential winner will also be required to provide Over Two with a parental permission form, which will be sent to the parent/legal guardian's email address of potential winners under the age of 18. The form must include a parent's or legal guardian's approval signature and be returned by mail or by fax to an address and fax number provided on the form within seven (7) days from the date of notice in order to be eligible to receive a prize. Any minor who does not provide this parental permission form within seven (7) days will forfeit his or her right to be declared a winner and/or win a prize, and an alternate winner will be selected.
Visit overtwo.com and complete and submit the online entry form. Follow the directions provided to upload your images. Entries are complete when entrant's images have been successfully uploaded and the required payment is received. All entries must be accompanied by the payment of a twenty-five dollar ($25.00) entry fee. All entries and payments must be received by 11:59 p.m. Eastern Time on Thursday, March 31, 2011 (the "Deadline"). Any entries and/or payments submitted after the Deadline will be automatically void.
Each entry must be the original work of the entrant. Over Two reserves the right, in its sole discretion, to disqualify any entry it deems to be offensive, inappropriate, derogatory, indecent, obscene, hateful, tortuous, defamatory, slanderous, libelous, that is not in keeping with Over Two's image or that is otherwise not in compliance with the terms of these Official Contest Rules. In addition, all entries must not contain material that promotes bigotry, racism, hatred or harm against any group or individual or promote discrimination based on race, gender, religion, nationality, disability, sexual orientation or age, which determination Over Two may make in its sole discretion.
Entrant must have obtained express written consent to submit any entry that contains persons other than entrant or third-party elements not owned by entrant and, if requested to do so, produce such written consent from appropriate parties in a form and manner acceptable to Over Two . All entries must not contain material that violates or infringes another's rights, including, but not limited to, privacy, publicity or intellectual property rights, or that constitutes copyright infringement.
One (1) potential Grand Prize winner will be determined from among all eligible entries received by a panel of judges, based on a rating system that considers uniqueness, skill, and ambition. The entrant who submitted the entry receiving the highest score, as determined by Over Two in its sole discretion, will be the potential Grand Prize winner. The public voting used in the Stitcher's Vote award does not affect and will not otherwise be taken into account in awarding the Grand Prize.
All eligible entries received will be pre-screened by Over Two and, at Over Two's discretion, posted online at overtwo.com between date of completed submission and the Final Deadline ("Online Voting Period"). Eligible visitors to the site will have a chance to vote for their favorite entry during the Online Voting Period. Votes generated by script, macro or other automated means or with the intent to impair the integrity of the voting process will be void. The entrant with the entry receiving the highest number of votes, as determined by Over Two, will be the potential Stitcher's Vote award winner.
In the event of a tie for any prize, an additional "tie-breaking" judge selected by Over Two will determine the applicable winner from among those tied using the rating system. Over Two reserves the right to not award any prize if, in its sole discretion, an insufficient number of eligible and qualified entries are received. Decisions of Over Two and judges are final and binding.
Potential winners (or parent/legal guardian if winner is a minor) will be notified by telephone, mail and/or e-mail on or about April 15, 2011, and will be required to execute and return an Affidavit of Eligibility and Liability and, unless prohibited, a Publicity Release, a W-9 Form and any additional documents that may be required by Over Two within ten (10) calendar days of date of issuance. In the event that a potential winner is an eligible minor in his/her jurisdiction of residence, his/her parent or legal guardian will be notified by e-mail and required to sign and return a parental permission form and release, and prize(s) may, at Over Two's discretion, be awarded in the name of the parent or legal guardian, and such parent or legal guardian will be required to fulfill all requirements imposed on winners set forth herein. Noncompliance with this time period or with these Official Contest Rules, or the return of any prize notification as undeliverable, may result in disqualification and, at Over Two 's discretion, the prize will be awarded to an applicable runner-up.
As a condition of receiving the "Grand Prize", the "Stitcher's Vote award" or any other supplementary prizes awarded by Over Two, the potential winner agrees to have their work shown in public, and to make themselves available for interviews, photographs with their work, failure of which Over Two may award such prizes to an applicable runner-up. Potential winners will be required to execute and deliver to Over Two a consignment or other agreement, in a form satisfactory to Over Two, relating to the display and sale of the winner's artwork.
Grand Prize : Potential winner will receive a gallery exhibition and reception in Brooklyn, NY, at Over Two, in its sole discretion. Additionally, the potential winner will be awarded $5,000 and an optional 3-month Residency including a live/work space provided by Over Two. Potential winners who are minors under the age of 18 may receive the Cash Prize, which will be delivered directly to the minor's parent or guardian. If a winner selects the Residency Prize, such winner shall be responsible for all of his or her moving expenses and any utilities consumed within the apartment during his or her occupancy thereof. The live/work space will be delivered unfurnished, in its "AS-IS" condition, without any representations or warranties by Over Two or Sponsor, expressed or implied, including, without limitation, any warranties of merchantability, habitability, fitness or any other condition thereof for any particular purpose. The Residency Prize is not transferable and the apartment shall not be rented or sublet to any other parties without the express written consent of Over Two (which consent may given or denied in their sole and absolute discretion). The Grand Prize shall cover the reasonable costs of shipping the artwork to and from the potential winning artist's home or studio. The Grand Prize shall also cover the reasonable costs of airfare for the individual artist only (but not any other mode of transportation including, without limitation, bus fare, cab fare, or automobile rentals). No parties other than the individual winning artist will be compensated for airfare or other travel expenses. The Grand Prize shall not cover hotel or other living accommodations for any parties; all of which shall be arranged and paid for by the winning artist, at his or her sole cost and expense.
Potential winner will receive $1,000; provided, however, if such potential winner is a minor under the age of 18, such prize shall be delivered to the minor's parent or guardian. Each potential winner must contact Over Two within fourteen (14) calendar days after such potential winner is notified that he or she has won the Contest, failure of which, such potential winner may be disqualified and, at Over Two 's discretion, the applicable prize(s) will be awarded to an applicable runner-up. The People's Choice Award shall cover the reasonable costs of shipping the artwork to and from the potential winning artist's home or studio.
Over Two reserves the right to select one or more winners of either the Grand Prize or the People's Choice Award for any reason, in Over Two 's sole discretion. Over Two reserves the right to select the same artist for both the Grand Prize and the People's Choice Award. Potential winners of the People's Choice Award will be selected by a public, online voting format, in which visitors to the website will be limited to one vote per day. Over Two reserves the right to void potential winners in the case of any fraud, misrepresentation or impropriety, as determined by Over Two.
All prize details are at the sole discretion of Over Two . No substitutions, or transfers of prizes are permitted by winners. Over Two reserves the right to substitute a prize (or portion thereof) of comparable or greater value, in its sole discretion. Prizes are awarded "as is" with no warranty or guarantee, either express or implied by Over Two.
Please note: EACH ENTRANT SHOULD CONSULT WITH HIS OR HER OWN TAX ADVISER WITH RESPECT TO THE FEDERAL, STATE AND LOCAL TAX CONSEQUENCES OF THE PRIZES AWARDED IN THE CONTEST (INCLUDING, WITHOUT LIMITATION, ANY APARTMENT, CONDOMINIUM OR OTHER LIVING SPACE OFFERED AND ANY SALE OF THE ARTWORK). NOTHING CONTAINED HEREIN SHOULD BE CONSTRUED AS LEGAL OR TAX ADVICE TO AN ENTRANT. NEITHER Over Two, THE SPONSOR NOR ANY OF THEIR RESPECTIVE AFFILIATES MAKES ANY WARRANTY WITH RESPECT TO OR ASSUMES ANY RESPONSIBILITY FOR THE TAX CONSEQUENCES RELATING TO THE CONTEST AND THE PRIZES AWARDED HEREBY. THE INCOME TAX CONSIDERATIONS OF ANY PRIZE ARE COMPLEX AND MAY NOT BE THE SAME FOR ALL ENTRANTS.
By submitting an entry, entrant grants Over Two and its designees an irrevocable, royalty-free, non-exclusive, worldwide perpetual license to use the entry and his/her name, city and state of residence for credit purposes in Over Two 's online galleries, or any other use on Over Two 's website, without further compensation, notification or permission, unless prohibited by law. In addition, each winner grants to Over Two and its designees an irrevocable, royalty-free, non-exclusive, worldwide perpetual license to use and distribute the entry (as submitted, or as cropped by Over Two ), and his/her name, city and state of residence for credit purposes, in any and all media now or hereafter known, for purposes of promotion of the Contest and other Over Two contests and/or for purposes of advertising and promoting Over Two and, except as otherwise stated herein, without further compensation, notification or permission, unless prohibited by law.
The personal information of entrant collected in connection with the Contest will be used in accordance with the Privacy Policy Statement below, including, without limitation, for marketing and promotional purposes.
Released Parties (as defined below) are not responsible for late, lost, garbled, damaged, incomplete, delayed, undelivered, or misdirected entries or photographs, or for computer, technical, printing, typographical, human or other errors relating to or in connection with the Contest, including, without limitation, inability to access any website associated with the Contest, errors which may occur in the administration of the Contest, the processing or judging of entries, the announcement of the prizes or in any Contest-related materials. If for any reason the Contest (or any portion thereof) is not capable of running as planned, including infection by tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Contest, Over Two reserves the right, at its sole discretion, to cancel, terminate, modify or suspend the Contest and, if terminated, at its discretion, determine winners from among all non-suspect, eligible entries received up to time of such action using judging procedure described above. By participating in the Contest, entrant fully and unconditionally agrees (i) to be bound by the terms of these Official Contest Rules and the decisions of Over Two and judges, which are final and binding in all respects, and (ii) to indemnify, defend and hold Over Two, Sponsor and their respective parents, affiliates, subsidiaries, prize suppliers and advertising and promotion agencies, and the respective directors, officers, employees and agents of the foregoing (collectively, the "Released Parties"), harmless against any and all claims and liability arising, in whole or in part, directly or indirectly, out of or in connection with participation in the Contest, acceptance and use of any prize or Released Parties' use of any of the rights granted herein. Over Two may disqualify (and void all associated entries) anyone from participating in the Contest or winning a prize if, in its sole discretion, it determines that such person is attempting to undermine the legitimate operation of the Contest by cheating, fraud, misrepresentation, deception or other unfair practices, or intending to annoy, abuse, threaten or harass any other entrant or Over Two 's representatives or who is otherwise not in compliance with the terms of these Official Contest Rules.
ANY ATTEMPT TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, Over Two RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES (INCLUDING ATTORNEYS' FEES) FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
WINNERS' LIST: For the list of winners (available after January 3, 2011) send a separate, stamped, self-addressed envelope no later than December 3, 2010 to:
Over Two
P.O. Box 15241
Fernandina Beach, FL 32035-3105