VOTE! MANifest Honors for Black Male Achievement

MANifest Honors for Black Male Achievement Official Rules

NO PURCHASE OR PAYMENT NECESSARY TO SUBMIT A NOMINATION. A PURCHASE WILL NOT INCREASE YOUR NOMINATION’S CHANCES OF BEING SELECTED.

VOID WHERE PROHIBITED BY LAW. 

BY PARTICIPATING IN THIS NOMINATING PROCESS, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT, SO READ THEM CAREFULLY BEFORE NOMINATING.  WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES TO THE POWER 100 ENTITIES (DEFINED BELOW) FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.

1.  Eligibility. The EBONY MANifest Honors for Black Male Achievement (the “MANIfest Honors”) is open only to legal residents who are physically located in one (1) of the fifty (50) United States or the District of Columbia who are at least 18 years of age or older at the time of submission.  Employees of Johnson Publishing Company, LLC (“Sponsor”), and each of its respective parents, affiliates, subsidiaries, advertising and promotion agencies, distributors and sponsors (collectively, the “MANIfest Honors Entities”), directors, officers, and each of their immediate family members and/or those living in the same household (whether legally related or not) of each are not eligible to submit a nomination.  For purposes of the MANifest Honors, immediate family members are defined as spouse, domestic partner, parents, legal guardians, in-laws, grandparents, siblings, children and grandchildren.  Void where prohibited by law.

2.  How to Enter.  The submission of nominations begins on or about _______ Central Time (“CT”) on _________, 2012 and ends at ______ CT on _______, 2012 (the “Nomination Period”).  By participating in the MANIfest Honors, each nominator unconditionally accepts and agrees to comply with and abide by these “Official Rules” and the decisions Sponsor, including the interpretation of these Official Rules and its exercise of discretion, which will be final and binding in all respects.  There is one (1) method of submission for MANIfest Honors:

Online Submission.  To submit a nominee, you may visit the MANifest Honors ________ at Ebony.com (the “Website”).  The Website will contain a description of the MANifest Honors and the official submission form.  Each nominator will be asked to submit a nomination form, which may include, among other things, his/her full name, address, e-mail address, gender, date of birth and related registration information as prompted.  Entrant must complete and submit the nomination form with all required information for your nomination to be considered, including a statement of 200 words or less as to the merits of your nominee.  Nominators agree to check the Website prior to the end of the Nomination Period for any changes, and to ensure that there is no need to resubmit the nomination.  Information collected from nominator via the entry form will only be used for direct marketing purposes if entrant consents to use in such manner.  Any requested opt-in consent is not required to enter submit a MANifest Honors nomination and will not increase the nominees chances of being selected.

There is no limited to the number of nominations.  Only one (1) nomination per nomination form will be accepted.  Nominations generated by a script, computer programs, macro, programmed, robotic or other automated means are void and will not be considered.  Nominations that are in excess of the stated limits, incomplete, illegible, corrupted, damaged, destroyed, forged, false, lost, late or misdirected, deceptive or otherwise not in compliance with the Official Rules may be disqualified at Sponsor's sole and absolute discretion.  All materials submitted become the property of Sponsor and will not be returned.  For purposes of the MANifest Honors, an on-line nomination is "received" when the Website’s servers record the entry information.  Proof of sending (such as an automated computer receipt confirming entry or "thanks for entering" message) does not constitute proof of actual receipt of a nomination for purposes of the MANifest Honors.  The Website’s database clock will be the official time keeper for the MANifest Honors.  Illegible and/or incomplete nominations submitted by nominators who do not meet the eligibility requirements (including all requirements with respect to age and residence) are void.  Those who do not follow all of the instructions, provide the required information in their nomination form, or abide by these Official Rules or other instructions of Sponsor may be disqualified.

3.  Honoree Selection.  MANifest Honors will be selected by Ebony.com editorial staff and the Campaign for Black Male Achievement staff after consideration of the nominations.  Sponsor will have complete discretion over interpretation of the Official Rules, of administration of the MANifest Honors, and of selection of the MANifest Honors honorees.  Decisions of the Sponsor as to the selection of the honorees will be final. 

4.  Tampering.  MANIfest Honors Entities are not responsible for the actions of nominators in connection with the MANifest Honors, including nominators’ attempts to circumvent the Official Rules or otherwise interfere with the administration, security, fairness, integrity or proper conduct of the MANifest Honors.  Persons found tampering with or abusing any aspect of the MANifest Honors Nominations, or whom Sponsor believes to be causing malfunction, error, disruption or damage may be disqualified.  ANY ATTEMPT BY A PERSON TO DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE MANIFEST HONORS MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK ALL LEGAL AND EQUITABLE REMEDIES FROM AND AGAINST ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.

5.  Suspension/Modification/Termination.  In the event Sponsor is prevented from continuing with the MANifest Honors nominations by any event beyond its control, including, but not limited to, fire, flood, epidemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, communications or equipment failure, utility or service interruptions, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared), interference with the MANifest Honors by any party, or any federal, state or local government law, order, or regulation, order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control (each a “Force Majeure” event or occurrence), Sponsor shall have the right to modify, suspend or terminate the MANifest Honors.  Sponsor additionally reserves the right, in its sole and absolute discretion to: (a) modify, suspend or terminate the MANifest Honors Nominations should causes beyond Sponsor’s control corrupt or interfere with the administration, integrity, operation, security or nomination process.

6.  Waivers, Disclaimers and Releases.  By participating in the MANifest Honors Nominations, nominators agree to release, discharge and hold harmless the MANifest Honors Entities from and against any and all claims, liability, costs, losses, damages or injuries of any kind arising out of or related to nominator’s participation in the MANifest Honors Nominations; or arising out of any violation of rights of publicity or privacy, or claims of defamation or portrayal in a false light; or based on any claim of infringement of intellectual property; or from any typographical, human or other error in the printing, offering, selection, operation or announcement).  Nominators agree and that the MANifest Honors Entities shall have no responsibility or liability for human error; incorrect or inaccurate transcription of nomination information; any technical malfunctions of the telephone network, computer online system, computer equipment, software, or Internet service provider utilized by Sponsor; interruption or inability to access the Website or Sponsor or affiliated entities’ respective websites, or any online service via the Internet due to hardware or software compatibility problems; any damage to nominator’s (or any third person’s) computer and/or its contents related to or resulting from any part of the MANifest Honors Nominations; any lost/delayed data transmissions, omissions, interruptions, viruses, bugs, defects; and/or any other errors or malfunctions, even if caused by the negligence of the MANifest Honors Entities. 

7.  Entry Information.  As a condition of submitting a nomination, each entrant gives consent for Sponsor to obtain and deliver his or her name, address and other information to third parties for the purpose of administering the MANifest Honors Nomination and comply with applicable laws, regulations and rules.  Any information nominators provide to Sponsor may be used to communicate with nominator in relation to the MANifest Honors.  In the event of a dispute over the identity of an online nominator, entry will be deemed submitted by the authorized account holder of the e-mail address associated with the entry for the domain associated with the submitted address.  MANifest Honors Entities are not responsible for electronic communications that are undeliverable as a result of any form of active or passive filtering of any kind, or insufficient space in entrant's e-mail account to receive e-mail messages.  If nominators would like to receive additional information from Sponsor, they may consent by checking the opt-in box at the time of submitting a nomination for the MANifest Honors.  If the opt-in box is not checked, entrants will not receive additional information from Sponsor.

8.  Governing Law/Limitation of Liability.  All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of nominators, Sponsor or the MANifest Honors Entities in connection with the MANifest Honors will be governed by and construed in accordance with the internal laws of the State of Illinois, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other state’s laws.

BY SUBMITTING A NOMINATION, EACH NOMINATOR AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (A) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH MANIFEST HONORS, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (B) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED FIFTY DOLLARS ($50.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (C) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES NOT TO EXCEED FIFTY DOLLARS ($50.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (D) ENTRANT’S REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF.  SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU. 

9.  Miscellaneous.  The invalidity or unenforceability of any provision of these Official Rules or the Affidavit will not affect the validity or enforceability of any other provision.  In the event that any provision of the Official Rules or the Affidavit is determined to be invalid or otherwise unenforceable or illegal, the other provisions will remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.  Sponsor’s failure to enforce any term of these Official Rules will not constitute a waiver of that provision.  Nominators agree to waive any rights to claim ambiguity of these Official Rules.  Headings are solely for convenience of reference and will not be deemed to affect in any manner the meaning or intent of the documents or any provision hereof.  In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any MANifest Honors-related materials, privacy policy or terms of use on the Website and/or the terms and conditions of the Official Rules, the Official Rules shall prevail, govern and control and the discrepancy will be resolved in Sponsor’s sole and absolute discretion. 

10.  Sponsor.  MANifest Honors is sponsored by Johnson Publishing Company, LLC, 200 S. Michigan Ave., 21^st Floor, Chicago, IL 60604.

//End of Official Rules//