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Couples Halloween Costume Contest 2011 Official Rules

Couples’ Halloween Costume Contest 2011

NO PURCHASE IS NECESSARY TO ENTER OR WIN THIS CONTEST. MAKING A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW.

TERM:

The Couples’ Halloween Costume Contest and Sweepstakes 2011 (the "Promotion") entry periods are as follows: The entry period for the contest portion of the Promotion (the “Contest”) commences at 12:00PM Eastern Daylight Time on September 12, 2011, and ends at 11:59PM Eastern Daylight Time on October 14, 2011 (the "Contest Entry Period"). The entry period for the sweepstakes portion of the Promotion (the “Sweepstakes”) commences at 12:00AM Eastern Daylight Time on October 18, 2011, and ends at 11:59PM Eastern Daylight Time on October 23, 2011. The Promotion is sponsored by XO Group Inc., 462 Broadway, 6th floor, New York, NY 10013 (sometimes hereinafter singularly referred to as the "Sponsor").

ELIGIBILITY:

This Promotion is open to legal residents of the 50 United States, and the District of Columbia, 18 years or older as of date of entry. Employees of the Sponsor; any promotional companies or advertising agencies participating in the Promotion and employees of their respective subsidiaries and affiliates; any persons involved in the creation, development, or implementation of this Promotion; and any other persons or entities directly associated with this Promotion and any members of their immediate families or households are ineligible to participate. Entries for the Contest must be received during the Contest Entry Period. Entries for the Sweepstakes must be received during the Sweepstakes Entry Period. This Promotion is void in Puerto Rico and the U.S. Virgin Islands and wherever prohibited or restricted by law, and is subject to all federal, state, and local laws and regulations. By submitting an entry, entrants agree to abide by these Official Rules and all applicable federal, state, and local laws and regulations that govern contests and sweepstakes.

GRAND PRIZE:

Three (3) winners will be awarded Prizes as follows:

• One (1) Contest Grand Prize winner will receive one (1) $250 Patricia Field gift card;

• One (1) Contest Runner-Up Prize winner will receive one (1) $200 Patricia Field gift card; and

• One (1) Sweepstakes Prize winner will receive one (1) $200 Patricia Field gift card.

The Prizes are not transferable or assignable, or redeemable for cash, and no substitutions will be allowed except by Sponsor, which reserves the right to substitute prizes of equal or greater value or nature if advertised prize is not available. Each Prize winner is responsible for compliance with all applicable federal, state, and/or local laws and regulations, including, without limitation, the payment of all applicable taxes

HOW TO ENTER:

During the Contest Entry Period, you may enter for a chance to win the Contest Grand Prize or the Contest Runner-Up Prize by e-mailing one photograph of you with your fiancé/spouse in your favorite Halloween costumes to halloweencostumes@thenest.com, before 11:59PM Eastern Daylight Time on October 14, 2011. During the Sweepstakes Entry Period, you may enter for a chance to win the Sweepstakes Prize by logging into www.thenest.com and commenting on a Contest finalist’s entry as provided under “Voting Phase/Sweepstakes Entry” below. Entries must be entrant’s own original work and owned solely and exclusively by entrant, have not won a previous prize or award and have not been previously published, must not infringe on, misappropriate or otherwise violate any third-party rights (including but not limited to copyright, trademark, rights of publicity or privacy or any other proprietary right), and must be deemed suitable by Sponsor. Entrant agrees to indemnify, defend and hold harmless Sponsor and Sponsor’s affiliates, officers, directors, shareholders, employees and agents from any losses, damages, or expenses arising from or in connection with infringement, misappropriation or violation of any third party rights. Entries deemed lewd or offensive may be disqualified, in Sponsor’s sole discretion. Entries that comply with format and suitability specifications may, in Sponsor’s sole discretion, be acknowledged by e-mail, but nevertheless remain subject to full eligibility determinations at the sole discretion of Sponsor. An entry that does not comply with entry guidelines will be deemed void and of no effect. Entries that do not comply with the requirements herein and late entries will be disqualified. Limit one entry per person. If an entrant is determined to have submitted more than one entry submission, that entrant will be disqualified. Normal Internet access and usage charges imposed by your online carrier apply. An entry made will be deemed to have been made by the "authorized account holder" of the e-mail address utilized at the time the entry is made. For purposes herein, the "authorized account holder" refers to the person assigned to an e-mail address by an Internet access provider, online service provider, or other organization responsible for assigning e-mail addresses. All entries will become the property of Sponsor and will not be returned. Sponsor is not responsible for transmission and/or computer error. For the avoidance of doubt, acceptance of entries or submissions will not be deemed to waive any provisions of these Official Rules, and the entrant may subsequently be disqualified.

Each entrant acknowledges and agrees that his/her entry submission and all related materials created in or arising out of such submission, and all right, title and interests in and to them shall be and hereby are, effective upon creation, assigned to and become the property of Sponsor. Without limiting the foregoing, Sponsor will have the irrevocable, royalty-free, fully paid-up worldwide, perpetual right (and if necessary, license) to edit, re-edit, adapt, modify, reproduce, promote, distribute create derivative works and otherwise use the entry and related materials in any way it sees fit and in any form or media whether now or hereafter known or developed. Entrant hereby gives Sponsor and its agents and assignees full permission and authority to use, publish and display the submission, as well as entrant’s (and any other person included in the submission) name, voice and photograph or other likeness for advertising or other related purposes in any media whether now or hereafter known or developed without additional compensation.

CONTEST JUDGING PHASE: JUDGING/ONLINE VOTING:

All eligible Contest entries will be judged by a panel of judges selected by Sponsor in its sole discretion, who will select ten (10) finalists by or before October17, 2011 based on the following judging criteria (each weighed equally): (i) creativity of the costumes and photograph, (ii) quality and execution of the costumes and (iii) quality of the photograph. In the event of a tie during the judges’ phase of judging, the tied entries will be re-judged based solely on the creativity of the costumes and photograph.

VOTING PHASE/SWEEPSTAKES ENTRY:

The ten (10) Contest finalists’ entries will be displayed on http://ideas.thenest.com/holidays/halloween.aspx, beginning on or about 12:00AM Eastern Daylight Time on October 18, 2011 and ending on or about 11:59PM Eastern Daylight Time on October 23, 2011, and visitors to the site will have the opportunity to vote for his/her favorite Contest finalist’s entry. During the voting phase, users who are logged into www.thenest.com may vote for as many Contest finalist entries per day as they wish, as many times as they wish, by submitting a comment in the designated area under the applicable Contest finalist’s entry, stating which Contest finalist entry they are voting for, and why. Any comments made are subject to approval by Sponsor. The eligible Contest finalist entry with the highest number of user votes will be the Contest Grand Prize winner. The eligible Contest finalist entry with the second highest number of user votes (except in the event of a tie for the highest number of user votes) will be the Contest Runner-Up Prize winner. In the event of a tie in the highest or second highest number of user votes, the Contest judges will make the final determination of the Contest Grand Prize or Contest Runner-Up Prize winners, as applicable, from among all tied Contest finalists based on the judging criteria listed above. Each user who votes for a Contest finalist will automatically be entered for a chance to win the Sweepstakes Prize (for a total of one Sweepstakes entry, regardless of how many comments posted or Contest finalists such entrant elects to vote for).

Contest finalists will be contacted via e-mail at the e-mail address from which their entries were submitted, on or about October 17, 2011. Contest finalists will be required to sign and return an Affidavit of Eligibility, Liability Release, Copyright Release, Assignment of Rights and where legal, a Publicity Release within ten (10) days of notification attempt, in order to remain eligible to win a Prize. Noncompliance with this requirement will result in disqualification of such Contest finalist. If prize notification is returned as non-deliverable, such Contest finalist will be disqualified. The Contest Grand Prize and Runner-Up Prize winners will be announced on or about October 25, 2011, and they will each be notified via e-mail at the e-mail address from which their respective photograph entries were submitted, on or after October 25, 2011.

CONTEST JUDGING PHASE: JUDGING/ONLINE VOTING:

All eligible Contest entries will be judged by a panel of judges selected by Sponsor in its sole discretion, who will select ten (10) finalists by or before October17, 2011 based on the following judging criteria (each weighed equally): (i) creativity of the costumes and photograph, (ii) quality and execution of the costumes and (iii) quality of the photograph. In the event of a tie during the judges’ phase of judging, the tied entries will be re-judged based solely on the creativity of the costumes and photograph.

VOTING PHASE/SWEEPSTAKES ENTRY:

The ten (10) Contest finalists’entries will be displayed on http://ideas.thenest.com/holidays/halloween.aspx,beginning on or about 12:00AM Eastern Daylight Time on October 18, 2011 andending on or about 11:59PM Eastern Daylight Time on October 23, 2011, andvisitors to the site will have the opportunity to vote for his/her favorite Contestfinalist’s entry. During the voting phase, users who are logged into www.thenest.commay vote for as many Contest finalist entries per day as they wish, as manytimes as they wish, by submitting a comment in the designated area under theapplicable Contest finalist’s entry, stating which Contest finalist entry theyare voting for, and why. Any comments made are subject to approval by Sponsor.The eligible Contest finalist entry with the highest number of user votes willbe the Contest Grand Prize winner. The eligible Contest finalist entry with thesecond highest number of user votes (except in the event of a tie for thehighest number of user votes) will be the Contest Runner-Up Prize winner. In the event of a tie in the highest orsecond highest number of user votes, the Contest judges will make the finaldetermination of the Contest Grand Prize or Contest Runner-Up Prize winners, asapplicable, from among all tied Contest finalists based on the judging criterialisted above. Each user who votes for aContest finalist will automatically be entered for a chance to win theSweepstakes Prize (for a total of one Sweepstakes entry, regardless of how manycomments posted or Contest finalists such entrant elects to vote for). Contest finalists will becontacted via e-mail at the e-mail address from which their entries weresubmitted, on or about October 17, 2011. Contest finalists will be required tosign and return an Affidavit of Eligibility, Liability Release, CopyrightRelease, Assignment of Rights and where legal, a Publicity Release within ten(10) days of notification attempt, in order to remain eligible to win a Prize. Noncompliance with this requirement will result in disqualification of such Contestfinalist. If prize notification is returned as non-deliverable, such Contest finalistwill be disqualified. The Contest Grand Prize and Runner-Up Prize winners willbe announced on or about October 25, 2011, and they will each be notified viae-mail at the e-mail address from which their respective photograph entries weresubmitted, on or after October 25, 2011.

SWEEPSTAKES: RANDOMDRAWING/ODDS OF WINNING:

The potential Sweepstakes Prizewinner will be selected on or about October 24, 2011, in a random drawing fromall eligible users who vote for a photograph by submitting a comment inaccordance with these Official Rules. TheSweepstakes Prize winner will be notified via e-mail and/or U.S. mail on or after October 25, 2011, using the contactinformation provided on the winner's www.thenest.com membershipregistration form. Each entrant isresponsible for the accuracy of the information included in his/her membershipregistration form. The Sweepstakes Prize drawing will be conducted by Sponsor.The Sweepstakes Prize drawing shall be final and conclusive. The odds ofwinning the Sweepstakes Prize will be determined by the actual number ofeligible votes submitted. Potential Sweepstakes Prize winner(s) will berequired to sign and return an Affidavit of Eligibility, Liability Release, andwhere legal, a Publicity Release within ten (10) days of notification attempt. Noncompliance within this time period willresult in disqualification and forfeiture of the Sweepstakes Prize, and Sponsormay, in its sole discretion, award the Sweepstakes Prize to an alternate winnerdetermined at random from all eligible Sweepstakes entries submitted. If the Sweepstakes Prize notification isreturned as non-deliverable, the potential winner will be disqualified and the SweepstakesPrize forfeited, and Sponsor may, in its sole discretion, award the SweepstakesPrize to an alternate winner determined at random from all eligible Sweepstakesentries submitted. The names of the Prizewinners of the Promotion will be available after November 24, 2011. To obtainthis information, send a self-addressed stamped envelope to: Couples’ HalloweenCostume Contest and Sweepstakes 2011 - Winners, c/o XO Group Inc., 462Broadway, 6th floor, New York, NY 10013.

CAUTION:

Any attempt by any person to deliberately damage any web site or undermine legitimate operation of this Contest may constitute a violation of criminal and civil laws, and should such an attempt be made, Sponsor reserves the right to seek damages from and/or to prosecute any such person to the fullest extent permitted by law. Any such tampering also will result in disqualification from the Contest.

CONDITIONS:

By participating in this Promotion, entrants agree to be bound by these Official Rules and the decisions of Sponsor, which are final in all matters relating to this Promotion, and acknowledge compliance with these Official Rules. Each entrant acknowledges that the Privacy Policy and Terms of Use found on the www.thenest.com website are hereby incorporated by reference and apply to the submission of entries pursuant to these Official Rules. By participating in this Promotion, each entrant hereby agrees to Sponsor’s collection and usage of the entrant’s personal information and acknowledges that entrant has read and accepted the above-referenced Privacy Policy and Terms of Use.

Sponsor is in no way liable for any damage, loss, or injury resulting from computer malfunctions, misdirected or incomplete entries, or acceptance and use of a Prize. Sponsor and its agents shall have no liability or responsibility for injuries, damages or liabilities caused or claimed to be caused by participation in the Promotion or the use or misuse of a Prize. Sponsor reserves the right, in its sole discretion, to cancel, modify or suspend the Promotion should virus, bugs, or other causes beyond the control of Sponsor corrupt the administration, security, fairness, integrity or proper play of the Promotion and award the Prizes from all eligible entries received prior to cancellation or suspension.

By entering this Promotion, each entrant hereby voluntarily and irrevocably releases, holds harmless and agrees not to institute any claim against Sponsor or any of its affiliates, and their respective officers, directors, employees and agents from any losses, damages, or expenses from any and all injuries, losses or damages of any kind arising from or in connection with, either directly or indirectly, (1) the awarding, acceptance, receipt, possession, use and/or misuse of any prize awarded herein; and/or (2) participation in the Promotion or any prize-related activities.

=Under no circumstances will any entrant be permitted to obtain awards for, and each entrant hereby waives all rights to claim, punitive, incidental or consequential damages, or any other damages, including attorneys’ fees, and entrant further waives all rights to have damages multiplied or increased.

By entering the Promotion, entrants shall be deemed to have agreed to have their entry information made available to the Sponsor. The Promotion is subject to these Official Rules. By entering the Promotion, entrants and the winners agree to waive any right to claim any ambiguity, inequity or error in the Official Rules of the Promotion, and/or of the Promotion itself, and agree to be bound by these Official Rules and by all decisions of, and interpretations of these Official Rules by, the Contest judges and/or Sponsor, which in all respects shall be final and binding.

THE NEW YORK COURTS (STATE AND FEDERAL) SHALL HAVE SOLE JURISDICTION OF ANY CONTROVERSIES REGARDING THE PROMOTION AND THE LAWS OF THE STATE OF NEW YORK, WITHOUT REGARD TO CONFLICTS OF LAWS PRINCIPLES, SHALL GOVERN THE PROMOTION. ENTRANTS WAIVE ANY AND ALL OBJECTIONS TO JURISDICTION AND VENUE IN THESE COURTS AND HEREBY SUBMIT TO THE JURISDICTION OF THOSE COURTS.

All rights reserved. Official Rules may be copied for personal use only and not for any commercial purpose whatsoever.

SPONSOR:

XO Group Inc., 462 Broadway, 6th floor, New York, NY 10013

ADMINISTRATOR:

XO Group Inc., 462 Broadway, 6th floor, New York, NY 10013

-- The Nest Editors

Apr 21, 2011

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