Official Rules

OFFICIAL RULES                        

Heart & Soul Magazine present "The Healthy, Wealthy, Wise Woman Cover Model Search" Contest ("the Contest") beginning on June 1, 2009, and ending on August 31, 2009. The geographic area of this Contest is the United States (excluding Puerto Rico and Guam). Eligibility is limited. See restrictions below. The sponsor of this Contest is Heart & Soul Enterprises, LLC, 2514 Maryland Avenue, Baltimore, MD 21218 ("Sponsors"). Void where prohibited. Participants agree to these Official Rules.

Eligibility: To enter, you must be 18 years of age or older, a legal resident of the United States (excluding Puerto Rico and Guam) and an active subscriber of Heart & Soul magazine. Employees of Sponsors, including the stylists that independently contract with the Sponsors, any of the Judges, and their immediate family members and household members (whether or not related) are not eligible to enter. "Immediate family" includes only spouses, parents, siblings and children.  All entrants must have an active subscription with Heart & Soul Magazine, past or expired subscriptions will not qualify.

Prizes: One Grand Prize will be awarded. The Grand Prize consists of (1) a trip to New York City, or other city as may be designated by Sponsors to participate in a photo shoot for the cover of a future issue of Heart & Soul Magazine. The trip includes roundtrip coach air transportation from a major U.S. gateway airport nearest the winner's residence, hotel accommodations, room and room taxes, ground transportation to and from the hotel and airport, and $30 per diem for meals; and (2) a two year subscription to Heart & Soul Magazine. In the event that the Grand Prize winner lives within a 100-mile radius of the hotel in New York City, ground transportation may be provided in lieu of air transportation and no compensation or substitution will be provided for difference in prize value. Sponsor is not liable for any expenses incurred as a consequence of a flight cancellation or flight delay. The retail value of the Grand Prize will vary depending on the winner's geographic location and is approximately valued between $1000-2500. Ten (10) Second Prizes will be awarded. Each Second Prize consists of (1) a one-year subscription to Heart & Soul Magazine. The approximate retail value of each second prize is $18.

Prize Restrictions: Winners are responsible for any applicable federal, state, and local or other taxes. No substitution, cash alternative, or transfer of non-cash prizes is permitted, except that Sponsors may substitute a prize of equal or greater value if it deems necessary. All details of the Grand Prize shall be at Sponsors' sole discretion, including, without limitation, all travel arrangements, which must be made through Sponsors' agent and on a carrier of Sponsors' choice. Grand Prize Winner must travel on the dates established by Sponsors to meet production deadlines. Grand Prize winner assumes sole responsibility for all costs associated with the Prize not explicitly outlined above, including but not limited to any and all taxes, fees, surcharges, additional meals, alcoholic beverages, tips, gratuities, sightseeing, souvenirs, ground transportation to and from the winner's home and airport and incidentals. Hotel may require a credit card or cash deposit to cover incidentals. If a winner cannot accept a prize, then the prize will be forfeited and an alternate winner selected. Other restrictions apply.

To Enter: Between June 1, 2009, and August 31, 2009, (1) send two recent 4" x 6" photographs of yourself; one a headshot and one of your whole body including your face ("Entry Photos").  Photo must be no older than 3 months from the date of entry and; (2) write a 200 word essay about what makes you a healthy, wealthy or wise woman ("Essay"). No slides or negatives will be accepted. No touch-ups or enhancements to the Entry Photos are permitted. Entry Photos may not be digitally altered or enhanced, except that images may be cropped and rotated as necessary.  To submit your entry electronically, click here or the Heart & Soul Magazine Healthy, Wealthy, Wise Woman Cover Model Search link, and follow the instructions and mail the hard copies of your photos to the address below. To submit your entry by mail, send (1) Entry Photos, (2) and Essay to Healthy, Wealthy, Wise Woman Cover Model Search Contest-Entry, Heart & Soul Enterprises, LLC, 2514 Maryland Avenue, Baltimore, MD 21218.

To be eligible for this Contest, your entry must be postmarked by August 31, 2009. Any entries postmarked after August 31, 2009, will be ineligible. Sponsors are not responsible for lost, late, delayed, damaged, stolen, misdirected, postage-due, illegible or incomplete entries. All Entry Photos and Essays must be unpublished original works and must not violate the rights of any person or entity. TOUCH-UPS TO PHOTOS ARE PROHIBITED. All Entry Photos and Essays become the property of Sponsors and will not be returned. Participants hereby perpetually and irrevocably assign, transfer, and quitclaim any and all ownership or authorship rights such rights in the entries and all accompanying Entry Photos and Essays to Sponsors. Notwithstanding the foregoing, in the event such assignment, transfer or quitclaim is ineffective, by submitting an entry, each participant grants to Sponsors an irrevocable and unlimited license to publish and display Entry Photos and Essays, along with the information provided during entry, in any media now known or hereafter created, without further compensation. In its sole discretion, Sponsors may, but will not be required, to incorporate or depict pictures of those winners on Sponsors' websites without further compensation to the winners.

Selection of Winners: On or about September 15, 2009, or within a reasonable time thereafter, winners will be selected by a panel of judges comprised of Edwin Avent, Publisher, Heart & Soul Magazine; Yanick Rice Lamb, Editorial Director, Heart & Soul Magazine; and Debra Moore, Art Director, Heart & Soul Magazine ("Judges"). Judges will judge the entries and select winners using the following criteria: (1) originality; (2) quality of the Essay; and (3) relevance to subject matter. In the event of a tie between one or more entries, a tie-breaking round of voting will be conducted in which the Judges rank the tied entries. Sponsors reserve the right to substitute one or more Judges if it deems necessary.

Notification of Winners: On September 15, 2009, or within a reasonable time thereafter, winners will be notified by express delivery service with signature required. Along with the winner notification, the winners will be sent an affidavit of eligibility and release, which, among other provisions releases Sponsors, affiliates, and suppliers from any and all liability related to this Contest or use or acceptance of the prize. The winner must execute the affidavit and release without making changes and return such requested documents to Sponsors within 14 days of the date on the winner notification letter. Failure of Sponsors to receive a properly executed release within 14 days will result in disqualification and forfeiture of the prize. The winner may be required to furnish additional proof of eligibility or to sign other legal documents (including tax forms). If a winner is disqualified or otherwise determined to be ineligible, the Judges will select an alternate winner using the above criteria. The alternate winner must satisfy all eligibility requirements.

Publicity Release: By accepting a prize, the winners consent to the use by Sponsors and its affiliates of their name, photograph, likeness, biographical information, voice and details of winning in any media, for any purpose, including advertising or promotional purposes, without further compensation, except where prohibited.

Liability Release: By entering the Contest, each participant agrees (a) to follow these Official Rules and (b) to release, discharge, and hold harmless Sponsors, their affiliates, subsidiaries, franchisees, agents, advertising companies and promotional agencies, together with the present and future officers, agents, employees and representatives of each of them, from any and all claims, demands, or damages relating to or arising from the Contest or the acceptance and usage of any prizes.

Warranty By Participant: By submitting Entry Photos, each participant warrants that the Photos are original, were taken by the participant, do not violate any copyright laws, and do not plagiarize, libel, defame, disparage, slander or otherwise infringe on or violate the rights of any third parties. Each participant further certifies that he or she has obtained all necessary and appropriate approvals or consents from all persons and entities participating in or otherwise involved with the creation and production of the Photos. By submitting an Essay, each participant warrants that the Essay is an original work, was written by participant, does not violate any copyright laws, and does not plagiarize, libel, defame, disparage, slander or otherwise infringe on or violate the rights of any third parties. Each participant agrees to indemnify and hold harmless Sponsors, its officers, directors, employees and affiliated organizations, and their respective officers, directors and employees, from and against any and all claims, demands, damages, costs, liabilities and causes of action of whatsoever nature that are based upon or arise out of any breach by the participant of these Contest rules or the warranties and representations made in this paragraph.

Disputes: Participants agree that (1) any and all disputes, claims, and causes of action arising out of or connected with the Contest, or any prizes awarded, shall be resolved individually, without resort to any form of class action; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Contest but in no event attorneys' fees; and (3) under no circumstances will any participant be permitted to obtain any award for, and participant hereby waives all rights to claim punitive, incidental or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.

Miscellaneous: Sponsors reserve the right, at their sole discretion, to disqualify any individual from the Contest it reasonably suspects or believes to be tampering with or undermining the Contest process or operation, by any means, or to be acting in violation of these rules. Any person attempting to defraud or tamper with this Contest in any way will be ineligible for prizes and may be prosecuted to the full extent of the law. All interpretations of these Official Rules shall be made by Sponsors or the designated Judges, whose decisions and interpretations shall be final and binding. Sponsors may cancel or suspend all or any part of this Contest if it determines that the Contest is incapable of being run fairly or securely because of reasons beyond Sponsors' control. Sponsors reserve the right to correct typographical, clerical or printing errors in any Contest materials. Sponsors are not responsible for any incorrect or inaccurate information, whether caused by human errors or omissions, natural disasters, data transmissions or any other means; is not responsible for contacting any participant by any means if that participant has changed contact information and fails to provide Sponsors with the new contact information. No more than the stated number of prizes will be awarded. In the event that production, technical, programming or any other reasons cause more than the stated number of prizes as set forth in these Official Rules to be available and/or claimed, Sponsors reserve the right to award only the stated number of prizes by conducting a tie-breaking round of voting in which the Judges rank all legitimate, un-awarded, eligible prize claims. In the event of litigation, all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the participants and Sponsors in connection with the Contest, shall be governed by, and construed in accordance with the laws of the State of Maryland without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of the laws of any jurisdiction other than the State of Maryland. Any legal proceedings arising out of this Contest or relating to these rules shall be instituted only in the federal or state courts located in the State of Maryland, and the parties consent to jurisdiction therein with respect to any legal proceedings or disputes of whatever nature arising under or relating to these rules. The invalidity or unenforceability of any provision of these rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these rules shall otherwise remain in effect and be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.

Winners' List: For a list of Winners, mail a self-addressed stamped envelope to Healthy, Wealthy, Wise Woman Cover Model Search Contest-Winner's List, Heart & Soul Enterprises, LLC, 2514 Maryland Avenue, Baltimore, MD 21218 after September 15, 2009. Vermont residents may omit return postage.