The Top Hosts leaderboard measures the online activity associated with each "host" and their "guests" for the South Beach Living AfterParty.

Members of the South Beach Living AfterParty are given points for various activities, and the parties which have generated the most points are shown on the Top Hosts leaderboard.

Each South Beach Living AfterParty will earn 1 point for...

• every online guest who is invited
• every online guest who registers
• every photo/video that is uploaded

OFFICIAL RULES

NO ENTRY FEE.  NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO PARTICIPATE IN OR WIN THIS CONTEST.

1.    GENERAL.  The House Party, Inc. “South Beach Living™ After Party Contest” (the “Contest”) is a contest where eligible contestants earn points by participating in select activities on or through www.houseparty.com/southbeachlivingafterparty (the “House Party Website”) in connection with the “South Beach Living™ After Party”.  In this Contest, eligible contestants that accumulate the most overall points in the Contest on a weekly basis will win House Party VIP passes and/or South Beach Living™ products, and one (1) eligible contestant that accumulates the most overall points in the Contest will win $1,000, all as described below.  The foregoing is a general description only of the Contest and is qualified in its entirety by these Official Rules.

2.    ELIGIBILITY.  The Contest is only open to contestants who, at the time of participation in the Contest, (a) have registered with House Party, Inc. (“Sponsor”) on the House Party Website to be a host of a South Beach Living™ After Party, (b) are permanent legal residents of the fifty (50) United States or the District of Columbia, and (c) are at least eighteen (18) years of age.  The Contest is void outside the fifty (50) United States, and where prohibited or restricted by law.  Employees, officers and directors of Sponsor, South Beach Living™ After Party sponsors, and their respective parents, subsidiaries, affiliates, divisions, advertising and promotion agencies, and the immediate families (defined as parents, spouses, children, siblings, grandparents, and their respective spouses) or members of the same household (whether related or not) of each such employee, officer and director, are not eligible to participate.  The Contest, and any website pages and advertisements relating thereto, is intended for viewing only within the fifty (50) United States and the District of Columbia, and contestants must be present in the fifty (50) United States and the District of Columbia at the time they participate.

3.    TIMING.  The Contest participation period begins at 12:00 a.m. Eastern Time (“ET”) on April 27, 2009 and ends at 11:59 p.m. ET on June 7, 2009 (the “Participation Period”).  For purposes of this Contest, a week of the Participation Period means 12:00 a.m. ET on a Monday during the Participation Period through 11:59 p.m. ET on the immediately following Sunday of the Participation Period.  There are six (6) weeks in the Participation Period.  Sponsor’s computer is the official timekeeping device for the Contest.

4.    HOW TO EARN POINTS.

a.    How to Earn Party Points.  During the Participation Period, (i) go to the House Party Website to the host section of the House Party Website; access requires an contestant to log in using his/her House Party Website unique Sponsor-provided user ID (a “User ID”), and (ii) participate in designated activities as listed below using the House Party Website with respect to the South Beach Living™ After Party.  Instructions and requirements for participating in certain activities are set forth in more detail at the House Party Website, and participation in such activities (and earning related Party Points (as defined below)) requires compliance with such instructions and requirements.  Each point earned is a “Party Point.”  Party Points may only be earned during the Participation Period and only in accordance with and subject to these Official Rules.

Party Points are earned as follows for the associated activities:

• Contestant invites a guest to participate in the South Beach Living™ After Party (*Invitations must be through the House Party = One (1) Party Point per unique guest invitation.
• Website online email invitation system (*Invitations must be to individuals with whom contestant and/or a contestant guest has a bona fide relationship)
• Guest registers to participate in the South Beach Living™ After Party in response to a contestant invitation (*Registrations must be through the House Party Website online guest registration system) = One (1) Party Point per unique guest registration
• Contestant posts digital photos or videos on contestant’s South Beach Living™ After Party host page = One (1) Party Point per unique post

b.    Participation - Generally.

i.    Party Points will be awarded electronically by Sponsor.  Once a week during the Participation Period, Sponsor will post the top five (5) leading contestants with the most overall Party Points on the House Party national website (located at www.houseparty.com/southbeachlivingafterparty).

ii.    Party Points can be accrued solely by the applicable contestant. A contestant may not earn Party Points by permitting another individual to use the contestant’s House Party Website User ID.  Party Points  from different House Party Website User IDs may not be combined onto one User ID.  Party Points earned are not transferable and have no cash value.  At no time may Party Points be purchased, sold or bartered.  Sponsor reserves the right to set a maximum Party Point accumulation for certain activities.  If there is any fraud or abuse related to a contestant’s accrual of Party Points or the contestant’s participation in the Contest or host activities (including but not limited to violation of the Official Rules, violation of the terms and conditions of the House Party Website, violation of the host terms and conditions, or any misrepresentation or misconduct by a contestant), Sponsor reserves the right to take whatever action, in its sole discretion, Sponsor deems appropriate, including but not limited to withdrawal of a contestant’s host privileges, termination of participation in the Contest, termination of current or future participation in any other Sponsor activities, and/or forfeiture of any accrued Party Points.  In addition, Sponsor reserves the right to seek any or all remedies set forth in Section 9.  If Party Points are forfeited for any reason, such Party Points may not be reinstated to the contestant’s User ID.iii.    All Contest activities by a contestant on the House Party Website are subject to the terms and conditions of the House Party Website, as posted from time to time thereon.  All digital pictures and digital videos must be of a size and format that are compatible with the upload systems used in connection with the House Party website, which is specified at the House Party Website.iv.    All Contest activities by a contestant on the House Party Website (including, without limitation, all photo and video postings) must be in keeping with Sponsor’s and the South Beach Living™ After Party sponsors’ positive images and may not be offensive or inappropriate, as determined by Sponsor in its sole discretion, nor can it defame or invade publicity rights or privacy of any person, living or deceased, or entity, or otherwise infringe upon any person’s or entity’s personal, intellectual property or property rights or any other third party rights (including, without limitation, copyright and trademark rights).  A posting on the House Party Website may not incorporate or include anything that would require the consent of any third party for the use of the posting as set forth in these Official Rules.  By making a posting on the House Party Website in the Contest, contestant represents and warrants to Sponsor and its designees that he/she has complied with the requirements of this Section 4(b)(iv).

iii.    All Contest activities by a contestant on the House Party Website are subject to the terms and conditions of the House Party Website, as posted from time to time thereon.  All digital pictures and digital videos must be of a size and format that are compatible with the upload systems used in connection with the House Party website, which is specified at the House Party Website.iv.    All Contest activities by a contestant on the House Party Website (including, without limitation, all photo and video postings) must be in keeping with Sponsor’s and the South Beach Living™ After Party sponsors’ positive images and may not be offensive or inappropriate, as determined by Sponsor in its sole discretion, nor can it defame or invade publicity rights or privacy of any person, living or deceased, or entity, or otherwise infringe upon any person’s or entity’s personal, intellectual property or property rights or any other third party rights (including, without limitation, copyright and trademark rights).  A posting on the House Party Website may not incorporate or include anything that would require the consent of any third party for the use of the posting as set forth in these Official Rules.  By making a posting on the House Party Website in the Contest, contestant represents and warrants to Sponsor and its designees that he/she has complied with the requirements of this Section 4(b)(iv).

iv.    All Contest activities by a contestant on the House Party Website (including, without limitation, all photo and video postings) must be in keeping with Sponsor’s and the South Beach Living™ After Party sponsors’ positive images and may not be offensive or inappropriate, as determined by Sponsor in its sole discretion, nor can it defame or invade publicity rights or privacy of any person, living or deceased, or entity, or otherwise infringe upon any person’s or entity’s personal, intellectual property or property rights or any other third party rights (including, without limitation, copyright and trademark rights).  A posting on the House Party Website may not incorporate or include anything that would require the consent of any third party for the use of the posting as set forth in these Official Rules.  By making a posting on the House Party Website in the Contest, contestant represents and warrants to Sponsor and its designees that he/she has complied with the requirements of this Section 4(b)(iv).

v.    Each posting by a contestant on the House Party Website, including, without limitation, all contents, concepts and ideas embodied therein, becomes the exclusive property of Sponsor, and will not be returned by Sponsor.  Each contestant hereby irrevocably assigns to Sponsor, its designees, successors and assigns, all right, title and interest in and to such postings, including, without limitation, all intellectual property and other proprietary rights, without expectation of compensation or acknowledgement.  Each contestant agrees that Sponsor and its designees, successors and assigns shall have the perpetual, irrevocable, world-wide and fully-transferable right (but not obligation) to use, modify, display, reproduce, make derivative works of, and otherwise exploit contestant’s postings (or any part thereof) for promotional purposes in any manner or media whether now or hereafter existing and/or to otherwise use or commercially exploit in any manner any submission or information or ideas contained within any submission, all without further payment, consideration, attribution, notice or consent.  Without limiting the foregoing, one such use may include posting and use of some or all of an contestant’s postings on the House Party Website or on third party websites (including, without limitation, the websites of the sponsors of the South Beach Living™ After Party).   Neither Sponsor nor its designees shall have any obligation to maintain any of the postings, or any information or ideas contained therein, as confidential or proprietary.  Sponsor reserves the right to edit, modify, or abridge any such posting for any reason prior to use.

vi.    In the event of a dispute as to the identity of a contestant, the Sponsor-provided User ID used for contestant’s registration and participation as a party host and participation in the Contest will be deemed to be the contestant. A potential winner may be required to show proof of being the authorized holder of the User ID.  The “authorized holder” is the natural person assigned to a User ID by Sponsor as part of the Sponsor’s host registration process.  All participation in the Contest will be deemed to have been made by the authorized holder of the submitted User ID.  Participating in the Contest by using a script, macro or any kind of automated device is prohibited and will result in disqualification.  Proof of online participation in the Contest activities will not be deemed to be proof of Sponsor’s recordation of such activities.  All contestants, participation activities and Party Points subject to verification by Sponsor, in its sole discretion.  Sponsor’s computer  shall be the official record keeping device for Contest activities in this Contest.

5.    AGREEMENT TO OFFICIAL RULES AND DECISIONS.  By participating in the Contest, each contestant fully and unconditionally agrees to be bound by and accepts these Official Rules and the decisions of Sponsor (including, without limitation, decisions regarding eligibility of contestants, the eligibility, recordation and verification of Party Points, the selection of the Contest winners, application of the tie-breaking criteria, and the awarding of the prizes), all of which are final and binding in all respects. 

6.    SELECTION OF WINNERS; TIEBREAKERS; NOTIFICATION.  

a.    Weekly Winners.  On April 27, 2009 at 12:00 a.m. ET (which is the beginning of the Participation Period), the Party Points leader board will be reset to zero to begin the Contest.  Within seven (7) days after the end of each week of the Participation Period, five (5) weekly winners (one (1) first prize winner and four (4) runner ups) will be selected from among all eligible contestants in this Contest based on the accrual of Party Points in this Contest.  The first prize weekly winner will be the contestant that has earned the most eligible Party Points in this Contest on a cumulative basis from the beginning of the Participation Period through the end of the applicable week of the Participation Period, and the runner up weekly winners will be the four (4) contestants that have earned the second, third, fourth and fifth most eligible Party Points in this Contest on a cumulative basis from the beginning of the Participation Period through the end of the applicable week of the Participation Period.  The weeks in the Participation Period are as follows:

• Week 1 – April 27, 2009 12:00 a.m. ET to May 3, 2009 11:59 p.m. ET
• Week 2 – May 4, 2009 12:00 a.m. ET to May 10, 2009 11:59 p.m. ET
• Week 3 – May 11, 2009 12:00 a.m. ET to May 17, 2009 11:59 p.m. ET
• Week 4 – May 18, 2009 12:00 a.m. ET to May 24, 2009 11:59 p.m. ET
• Week 5 – May 25, 2009 12:00 a.m. ET to May 31, 2009 11:59 p.m. ET
• Week 6 – June 1, 2009 12:00 a.m. ET to June 7, 2009 11:59 p.m. ET

b.    Grand Prize Winner.  On or about June 17, 2009, one (1) Grand Prize winner will be selected from among all eligible contestants in this Contest based on the accrual of Party Points in this Contest.  The Grand Prize winner will be the contestant that has earned the most eligible Party Points on a cumulative basis in this Contest during the entire Participation Period.  

b.    Tiebreakers.  In the event of any tie(s), the tie(s) will be broken with the following tie-breaker criteria (applied in the following order, with (a) being the first tie breaker criteria, and each subsequent tie breaker criteria being applied (only if needed) until the final tie is broken and a single winner is selected):  (a) the contestant that has the most guests register for the South Beach Living™ After Party, (b) the contestant that invited the most guests to the South Beach Living™ After Party, (d) the contestant that posts the most digital photos or videos on contestant’s South Beach Living™ After Party host page on the House Party Website, (e)  the contestant that has the most digital photos or videos posted on contestant’s South Beach Living™ After Party host page viewed, forwarded or printed using the House Party Website viewing, forwarding or printing functions, and (g) as a final and decisive tiebreaker (if needed), the remaining tied contestants will compose an essay as described below which will be judged as described below and from which a single winner will be determined.  For each tie breaker criteria (other than the essay), the tie breaker activities of a contestant must have been eligible for and actually earned associated Party Points for the contestant in this Contest.  If an essay tiebreaker is required, each of the tied contestants will be required to compose an original an original essay answering, in two hundred fifty (250) words or less, the question:  Why was your South Beach Living™ After Party the perfect event?  Essays are subject to the terms and conditions of all House Party Website postings in this Contest.  Essays shall be typewritten and in English, and submitted to Sponsor at such time and in such manner as directed by Sponsor.  Judges will evaluate each eligible essay based on the following criteria:  insight (one-third); creativity (one-third); and quality of writing (one-third).  In the event of an essay tie, the tied contestants’ essays will be reevaluated against each other by the judging panel based on the essay criteria above until the tie is broken.  Essay judging, if any, will be by a panel of individuals who are experienced with house parties and South Beach Living™ products, which individuals shall be selected by Sponsor and who may also be employees or agents of Sponsor or South Beach Living™ After Party sponsors.  

c.    All Winners.  The contestant selected must comply with all terms and conditions of these Official Rules, and winning is contingent upon fulfilling all requirements.  The potential winner will be notified by phone, letter (by postal or overnight delivery) and/or e-mail.  In order to claim the prize, the potential winner will be required to execute and return to Sponsor an Affidavit of Eligibility, a Liability Release and, except where prohibited by law, a Publicity Release (an “Affidavit/Release”) in the form(s) provided by Sponsor.  The Affidavit/Release must be returned to Sponsor by the date and/or time indicated within the Affidavit/Release.  If the potential winner cannot be contacted within five (5) days of the first attempt to contact him/her, or if the potential winner fails to return the Affidavit/Release within the specified time, or if the potential winner is found to be ineligible, or if the potential winner does not comply with the Official Rules, then the potential winner may be disqualified and an alternate winner selected by Sponsor in his/her place from among all eligible non-winning entries in accordance with the above Contest winner identification process as if the disqualified potential winner had not been a contestant in this Contest.

7.    PRIZE.

a.    Weekly Prizes.  Subject to the terms and conditions of these Official Rules, one (1) weekly first prize will be awarded each week in this Contest for a total of six (6) weekly first prizes, and four (4) weekly runner up prizes will be awarded each week in this Contest for a total of twenty-four (24) weekly runner up prizes.  A weekly first prize consists of and is limited to (i) one (1) House Party VIP Pass which entitles the winner to select any Sponsor House Party that the winner desires to host during the next twelve (12) months; provided, however, a winner’s request to host a party is subject to any party sponsor eligibility requirements (e.g., a requirement that the host be a certain age, such as twenty-one (21)) which may limit the winner’s eligibility for a particular party the winner may desire to choose), and (ii) two (2) boxes of South Beach Living™ Fiber Fit Granola Bars (as selected by Sponsor; each box is a five (5) bar box).  A weekly runner up prize consists of and is limited to) five (5) boxes of South Beach Living™ Fiber Fit Granola Bars (as selected by Sponsor; each box is a five (5) bar box).  The approximate retail value (“ARV”) of a House Party VIP Pass varies with the ARV of the host party box to be received by the winner from Sponsor in connection with hosting the applicable party; however, such ARVs are typically in the range of $100 - $250.  The ARV of one (1) box of South Beach Living™ Fiber Fit Granola Bars is $6.  The ARV of a weekly first prize is in the range of $130 - $280.  The ARV of a weekly runner up prize is $12.

b.    Grand Prize.  Subject to the terms and conditions of these Official Rules, one (1) Grand Prize will be awarded in this Contest.  A Grand Prize consists of and is limited to $1,000  (which may be awarded either by a check or a gift card, as determined by Sponsor; gift card, if any, is subject to the terms, conditions and restrictions of the issuer thereof) .  The ARV of the Grand Prize is $1,000.

c.    All Prizes.  The total ARV of all prizes to be awarded in this Contest will vary based on the final ARVs of the host party boxes to be received by the weekly winners from Sponsor for the applicable parties selected by the winners; however, the approximate ARV of all prizes is $2,068 – $2,968.  Prizes must be accepted as awarded, and prizes are awarded “AS IS” with no warranty, representation, or guarantee, express or implied, in fact or in law, made by Sponsor or for which Sponsor shall be liable, including, without limitation, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE.  No substitution, assignment or transfer of a prize is permitted, except by Sponsor, who reserves the right to substitute a prize with another prize of greater or equal value, including cash.  Winner is solely responsible for any and all costs, fees, taxes and expenses associated with prize award, receipt and use, including, without limitation, all federal, state and local taxes on the prize.  If applicable, prize winner will be issued an IRS Form 1099 for the retail value of the prize.  Unused components of the prize shall be forfeited and have no redeemable cash value.

8.    PUBLICITY.  Except where prohibited by law, participation in the Contest constitutes winner’s consent to Sponsor’s (and its designees’, successors’ and assigns’) use of winner’s name, biography, likeness, voice, photographs, video, opinions, statements, hometown, state and country for promotional purposes in any manner or media (including, without limitation, online), worldwide, in perpetuity, and without further payment, consideration, notice or consent.

9.    GENERAL CONDITIONS.   Sponsor reserves the right, in its sole discretion, to terminate, modify or suspend the Contest if, in Sponsor’s opinion, there is any suspected or actual evidence of electronic or non-electronic tampering with any portion of the Contest, or if viruses, bugs, unauthorized intervention, fraud, technical difficulties or failures or any other factor beyond Sponsor’s reasonable control corrupt or affect the administration, security, fairness, integrity or proper conduct of the Contest.  In such event, Sponsor reserves the right (but does not have the obligation) in its sole discretion to award the prize in accordance with the Contest criteria set forth in Section 6 above from among eligible, non-suspect contestants and Party Points recorded up to the time of suspected impairment.  Accumulation of Party Points does not entitle any contestant to any vested rights with respect to Party Points or any Contest benefits.  Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the participation process or the operation of the Contest or to be acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner.  Any attempt by any person to deliberately damage any website or undermine the legitimate operation of the Contest is a violation of criminal and civil laws, and, should such an attempt be made, Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law.  Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision or any other provision of these Official Rules.

10.    RELEASE.  By participating, each contestant forever and irrevocably releases and holds harmless Sponsor, its parents, subsidiaries, divisions and affiliates, and their respective agents, advertising and promotion agencies, affiliates, Contest partners and prize suppliers (including, without limitation, the sponsors of the South Beach Living™ After Party), and all of their respective employees, officers, directors, members, managers, owners and agents from and against all claims, damages or liabilities arising in whole or in part, directly or indirectly, from contestant’s participation in the Contest and/or contestant’s award, receipt or use of any prize awarded in the Contest.

11.     LIMITATIONS OF LIABILITY.  Sponsor is not responsible for: (a) incorrect or inaccurate posting or transcription of participation information or late, lost, stolen, unintelligible, illegible, damaged, mutilated, altered, incomplete, misdirected participation information or participation information received through impermissible or illegitimate channels, all of which will be disqualified; (b) technical failures of any kind, including but not limited to the malfunctioning of any telephone, computer online systems, computer equipment, website, server provider, network, hardware or software; (c) the unavailability or inaccessibility of any website or service; (d) unauthorized intervention in any part of the participation process or the Contest; (e) printing, typographical, electronic or human errors which may occur in the offer or administration of the Contest or in participation in the Contest; or (f) any injury or damage to persons or property, including but not limited to contestant’s computer, which may be caused, directly or indirectly, in whole or in part, from contestant’s participation in the Contest, or from viewing, playing, downloading or uploading any material to or from Sponsor’s website, regardless of whether the material was prepared by Sponsor or a third party, and regardless of whether the material is connected to Sponsor’s website by a hypertext link.

12.     DISPUTES.  Contestant agrees that: (a) any and all disputes, claims, and causes of action arising out of or connected with the Contest, or any prize awarded shall be resolved individually, without resort to any form of class action, and solely and exclusively in a federal or state court located in New York, New York; contestant submits to sole and exclusive personal jurisdiction to said courts in the State of New York  for any such dispute and irrevocably waives any and all rights to object to such jurisdiction; (b) any and all claims, judgments, and awards shall be limited to actual out of pocket costs incurred, including costs associated with participating in the Contest but in no event attorneys’ fees; and (c) under no circumstances will contestant be permitted to obtain awards for and contestant hereby waives all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or other wise 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.  All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of contestant or Sponsor in connection with the Contest shall be governed by, and construed in accordance with, the laws of the State of New York, without giving effect to any choice of law or conflict of law rules of provisions (whether of the State of New York the United States, or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York.

13.    DATA COLLECTION.  Sponsor collects personal information from contestants when they participate in the Contest.  The information collected is subject to the Privacy Policy of Sponsor located at http://houseparty.com/help/privacy.

14.     OFFICIAL RULES.  These Official Rules are available at www.houseparty.com/southbeachlivingafterparty/faq at the Contest section of the website, located at the host/guest section of the website, or by sending a self-addressed postage-stamped envelope to “South Beach Living™ After Party Contest – Rules Request”, c/o House Party, Inc., One Bridge Street, Suite 105, Irvington, NY 10533. Vermont residents do not need to affix return postage.

15.    WINNER’S LIST.  To request a list of winners, send a self-addressed postage-stamped envelope to “South Beach Living™ After Party Contest – Winner’s List Request”, c/o House Party, Inc., One Bridge Street, Suite 105, Irvington, NY 10533.  Requests must be received by August 30, 2009.

16.    SPONSOR.  The sponsor of the Contest and the address at which the Sponsor may be contacted is House Party, Inc., One Bridge Street, Suite 105, Irvington, NY 10533.