Competition Rules

November 4, 2006
AreYouHotter.com
Monthly Competition
No purchase necessary to enter or win.

1. ELIGIBILITY

The AreYouHotter.com Monthly Competition (the "Competition") is offered and open only to legal residents of United States and its territories (except residents of Puerto Rico) and Canada (except residents of Quebec), at least 13 years old at the time of entry. Employees and directors of Are You Hotter LLC ("AYH"), its parents, affiliated and subsidiary companies, advertising and promotion agencies, judges and legal advisors, and the immediate family or members of the households of such employees and directors are not eligible. By entering, you (and your parents and legal guardians if you are a minor) agree to these "Official Rules" and that the decisions of AYH and AYH are final and binding in all respects.

2. COMPETITION PERIOD

The Official Competition Period will begin when www.AreYouHotter.com amasses at least 10,000 members. The first Competition will begin on the first day of the following month when the members amount has been reached 12:00 p.m. PST, and end on the last day of that month at 11:59:59 p.m. PST ("Competition Period").

3. ENTRY

To enter this Competition you must set up a profile and allow the international community to vote on you.   Therefore, you must be a registered member of AreYouHotter.com as set forth below.
To enter the AreYouHotter.com Monthly Competition, access the AreYouHotter.com web site at www.AreYouHotter.com. Complete the registration form for membership in the AreYouHotter.com web service (if you have not already registered) by filling out the information in the requested fields and follow the instructions at the web site. By becoming a registered member of the AreYouHotter.com service you incur no obligations other than your agreement to be bound by the AreYouHotter.com Terms of Service and to receive emails from AreYouHotter.com. You may opt-out of the receipt of such email by following the directions in the email or on the Web site. If you are a registered member of AreYouHotter.com prior to the start of any Competition Period, you will be automatically entered into the Monthly Competition when you first access the AreYouHotter.com web site. Unless otherwise specified in writing on the AreYouHotter.com web site, any other attempt at Internet or email entry is void.
Each day you access the web site you will have the opportunity to vote for yourself one time within a 24 hour period in the overall category and in the sub-categories. Each user or visitor to the website will also have the opportunity to vote for you one time within a 24 hour period in each of the specific categories. 
(Entrants may not enter with multiple email and/or multiple identities nor may entrants use any other device or artifice to obtain more than the maximum number of entries. Any entrant who attempts to participate with multiple email and/or multiple identities or uses any device or artifice to obtain more than the maximum number of entries may be disqualified.)

4. WINNER

All winners for each category of the competition will be based on the score as voted by the international community subject to the advanced AYH algorithm that preserves the accuracy of the voting.  Winners of the monthly competition will be notified by email, telephone, overnight carrier, or regular mail within approximately two (2) days of the competition. Competitions will be conducted under the strict supervision of the AYH staff.  The AYH staff retains the right to modify the Competition rules, regulations, voting process and any and all other factors in order to maintain the integrity of the Competition at AYH’s sole and absolute discretion.

5. PRIZE

1 Monthly Prize will be awarded to each of the following categories as follows: 

Additionally, the winning guy and girl will be flown to Scottsdale, Arizona for a featured photo shoot which will appear on the website and in advertising and promotional materials, at the full discretion of AYH.  Selected winners will be contacted by AYH and full verification of the veracity of the individual winner must occur.  In order to achieve verification AYH may require multiple items of identification.  AYH understands that many customers may use a pseudonym and / or stage name, and accepts this practice however, AYH must confirm the pictures on the user page with the user prior to any disbursement or arrangements.  Should the pictures not be from the individual using the specific user page, then the prize will be forfeited and the next user in numerical order will receive the prize subject to the same verification process. 
Tie Breakers will be determined by a selection period to be determined by AYH.  AYH will keep you posted should tie breakers take place.
A monthly prize will also be rewarded to the top referrers.  The top referrers are those individuals who have sent the most individuals to the website that have signed up to use the service.  Only those individuals that have signed up count towards the referral.  The payouts will be awarded as follows:

6. GENERAL CONDITIONS

Winners, and winners' parents or legal guardians if winner is a minor (both on behalf of themselves and winner) must complete, execute and return an Affidavit of Eligibility, a Liability Release, and where lawful, a Publicity Release prior to receipt of the  prize.  Failure to return documents timely, or if prize notification or prize is returned as non-deliverable, or if winner is found not to be in compliance with these Official Rules, or the Terms of Service or otherwise ineligible, may result in disqualification with an alternate winner selected.
Where permitted by law, winner, and winners' parents or legal guardians if winner is a minor (both on behalf of themselves and winner), (and in those instances when interim drawings have taken place, potential winners who have been selected in the interim drawings) agrees to grant to AYH, and those acting pursuant to its direction or control (and confirm such grant in writing upon request), the right to print, publish, broadcast and use, worldwide in any media now known or hereafter developed, including but not limited to the world wide web, at any time or times, the winner's name, portrait, picture, voice, likeness and biographical information as news or information and for advertising, trade and promotional purposes without additional consideration, and without notification, review or approval.
Failure to make such appearances or grant such rights may result in disqualification with an alternate winner or potential winner selected; and while not obligated to do so, AYH may in its sole discretion, bear such reasonable costs and expenses which AYH, in its sole discretion, deems appropriate for winners or potential winners to appear for a presentation or other activity.
By accepting a prize a winner, and winners' parents or legal guardians if winner is a minor (both on behalf of themselves and winner), agrees that any Affidavit and/or Releases, and any grant of permission to use the winner's name, portrait, picture, voice, likeness and biographical information, as stated above, may be secured by AYH electronically, for example but not limited to, by email or by facsimile, and such secured Affidavit and/or Releases and permission will have the same force and effect as if any of them had been secured in a written document which was physically executed by the winner.
Further, by accepting a prize, each winner, and winners' parents or legal guardians if winner is a minor (both on behalf of themselves and winner), releases and agrees to hold harmless AYH, and their parents, affiliates, subsidiaries, advertising and promotion agencies and their respective directors, officers, employees, representatives and agents from any and all liability for any injuries, loss or damage of any kind to person, including death, and property, arising in whole or in part, directly or indirectly, from acceptance, possession, use or misuse of a prize, participation in any Competition related activity, or participation in this Competition.
AYH reserves the right, at its sole discretion, to disqualify any individual it finds, in its sole discretion, to be tampering with the entry process or the operation of the Competition or web site; to be in violation of the Terms of Service of the web site; to be acting in violation of the Official Rules or the Terms of Service; to be acting in a non-sportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person.
Any use of robotic, automatic, macro, programmed or like entry methods will void all such entries by such methods and persons using any such methods will be disqualified.
If for any reason this Competition is not capable of running as planned due to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which, in the sole opinion of AYH, corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Competition, AYH reserves the right to cancel, terminate, modify or suspend the Competition until such corruption has been resolved. If the Competition is terminated due to tampering or technical difficulties prior to its expiration date, notice will be posted at http://www.AreYouHotter.com. 
ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE COMPETITION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, AYH RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON (S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.

7. LIMITATIONS OF LIABILITY

AYH 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. AYH is not responsible for any problems or technical malfunction 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 AYH on account of technical problems, human error or traffic congestion on the Internet or at any Web site, or any combination thereof.
AYH is not responsible for any incorrect or inaccurate capture of information or the failure to capture such information, whether caused by web site users, tampering or hacking, or by any of the equipment or programming associated with or utilized in the Competition and 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 the web site. AYH is not responsible for injury or damage to participants' or to any other person's computer related to or resulting from participating in this Competition or downloading materials from or use of the web site.
IN NO EVENT WILL AYH, OR THEIR PARENTS, AFFILIATES, SUBSIDIARIES AND RELATED COMPANIES, THEIR ADVERTISING OR PROMOTION AGENCIES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS, BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR PARTICIPATION IN THIS COMPETITION, ACCESS TO AND USE OF INTERNET SITE WWW.AREYOUHOTTER.COM  OR THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM SAID SITE. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THIS SITE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.

8. DISPUTES

Except where prohibited, as a condition of participating in this Competition, participant (and their parents/legal guardians if participants are minors) agrees that any and all disputes which cannot be resolved between the parties, claims and causes of action arising out of or connected with this Competition, or any prizes awarded, or the determination of winners shall be resolved individually, without resort to any form of class action exclusively by arbitration pursuant to the commercial arbitration rules of the American Arbitration Association, then effective. Further, in any such dispute, under no circumstances will participant be permitted to obtain awards for, and hereby waives all rights to claim punitive, incidental or consequential damages, or any other damages, including attorneys' fees, other than participant's actual out-of-pocket expenses (i.e., costs associated with entering this Promotion), and participant further waives all rights to have damages multiplied or increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of participant and AYH in connection with this Promotion, shall be governed by, and construed in accordance with, the laws of the State of Arizona, U.S.A., without giving effect to the conflict of laws rules thereof, and all proceedings shall take place in that State in the City of Arizona, County of Maricopa.

9. WINNERS LIST

The official winners list will be posted on the AreYouHotter.com website.

Please contact us at: contact@AreYouHotter.com with any questions regarding this Agreement.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.
© 2006
ARE YOU HOTTER LLC