by Whiteflash Inc. on MAY 9, 2012
GIVE IT THE YES VOTE AND WIN CONTEST
This promotion is in no way sponsored by, endorsed by, administered by, or associated with Facebook. By entering the GIVE IT THE YES VOTE AND WIN Contest, you are providing your information to Whiteflash Inc., and not to Facebook. The information you provide will only be used by Whiteflash Inc. for ordinary business purposes and its third-party vendor who is administering this contest. The information you provide will not be disclosed to any other third parties. By entering this contest, you hereby release Facebook from any and all liability arising from this contest.
1. NO PURCHASE NECESSARY TO ENTER OR TO WIN. A PURCHASE WILL NOT INCREASE YOUR ODDS OF WINNING. ALL FEDERAL, STATE, LOCAL AND MUNICIPAL LAWS AND REGULATIONS APPLY. VOID WHERE PROHIBITED.
2. ELIGIBILITY. The Give It The Yes Vote And Win Contest (the “Contest”) is open to U.S. residents (excluding Puerto Rico) 18 years old or older at the time of entry, and to Canadian residents (excluding Quebec) who have reached the age of majority in the province in which they reside by the start date of this Contest as identified below. Employees of Whiteflash Inc. and its advertising or promotional agencies, and the immediate family members of such employees, and any persons domiciled with such employees, are not eligible.
3. ENTRY. The Contest ends at 11:59 p.m. (Central Daylight Time) on JUNE 30th, 2012. The drawing will be held on or before JUNE 31st, 2012 from eligible entries received between 12:01a.m. (C.D.T.) on MAY 9th, 2012 and 11:59 p.m. (C.D.T.) on JUNE 31st, 2012(the “Contest Period”).
Enter by visiting Whiteflash on Facebook at http://www.facebook.com/Whiteflash.Inc and a) first “Liking” Whiteflash (if you have not already done so); and b) then entering at the Give It The Yes Vote And Win tab; and c) finally voting for your favorite of the two ring designs shown. All entries submitted will become the property of Whiteflash Inc. and will not be acknowledged. One (1) entry per person.
Use of robotic, automatic, programmed or similar entry modes is prohibited and any such entries will be void. Any entrant who uses robotic, automatic, programmed or similar modes to enter the Contest will be disqualified and any Contest prizes won through these modes of entry will be forfeited and/or must be returned to Whiteflash at the entrant’s expense.
Whiteflash Inc. (“Sponsor”) will not be responsible for incomplete, lost, late, misdirected or illegible entries or for failure to receive entries due to transmission failures or technical failures of any kind, including, without limitation, malfunctioning of any network, hardware or software, whether originating with sender, Sponsor or Facebook. In the event of a dispute, all online entries will be deemed to have been submitted by the registered user of the Facebook account from which the entry was made. For these purposes, a Facebook account holder shall mean the natural person who registered that account with Facebook. In case of an identity dispute, the registered user of the Facebook account on the date of entry will be the recognized user. Any questions regarding the number of entries submitted or the owner of a Facebook account will be determined by Sponsor in its sole discretion, and Sponsor reserves the right to disqualify any entries by any person or persons determined to be tampering with or abusing any aspect of the Contest.
By entering the Contest, all entrants hereby agree that Whiteflash Inc. will have the right to reproduce and publicize the entrant’s name and likeness for promotional purposes, without further compensation. Each entrant hereby releases Facebook and the Contest Entities (as defined below) from any and all liability arising from their entry and use or acceptance of prizes, and agrees to sign any additional documentation which Sponsor may reasonably request addressing this or any other Contest rules. Sponsor reserves the right to request from any entrant any and all additional documentation Sponsor reasonably believes is necessary to validate any entry or award any prize.
4. HOW TO WIN. A random drawing will be conducted on or before June30, 2012 to select the winner. The winner will be chosen from all eligible entries received from entrants who voted for the winning ring design. The winner will be notified by email from Whiteflash Inc. The winner will not be notified through Facebook. It is the responsibility of each entrant to maintain the email account used at the time of entering the Contest as a valid and functioning account in good working order. The winner must meet the eligibility requirements set forth in these rules, and sign an Affidavit of Eligibility, and a Liability/Publicity Release (except where prohibited by law) in order to qualify for the prize.
5. ODDS OF WINNING. The odds of winning will depend upon the number of eligible entries received during the Contest Period.
6. PRIZES. The winner will be awarded the loose diamond that he or she voted for in the Contest. The prize will be EITHER:
One (1) 0.496ct A CUT ABOVE® Princess Diamond - This beautiful, 0.496 H VS1, A CUT ABOVE® Princess Cut Diamond is among the most perfectly crafted diamonds in the world.Valued at: $1,350
Only the prizes specified in the numbers indicated above will be awarded. Prizes are non-transferable, with no cash redemption or equivalent. Sponsor reserves the right to substitute a prize or prize component of equal or greater value should a prize or any component of a prize become unavailable for any reason. Except as specifically provided herein, the prizes do not include insurance, postage, delivery costs, personal expenses, incidental charges, gratuities, or any other items not specifically described in these Official Rules. All applicable taxes and usage charges on prizes are the sole responsibility of the winner. If required by law, Sponsor or its agents shall require payment from winner of taxes to be remitted to the appropriate taxing authorities prior to delivery of the prize. Sponsor expressly disclaims any responsibility or liability for injury or loss to any person or property relating to the delivery and/or subsequent use of prizes awarded. Sponsor makes no representation or warranties concerning the appearance, safety or performance of any prize awarded.
7. CLAIMING A PRIZE. Every properly claimed prize will be awarded. As a condition of winning the prize, winners must complete, sign and return an Affidavit of Eligibility and a Liability/Publicity Release (except where prohibited by law), and any other applicable forms required by any taxing authority, within four (4) business days after receipt of an emailed prize notification forwarding the required forms. If the winner does not timely complete, sign and return the required forms, the prize will be forfeited and an alternate winner selected. If any correspondence from Whiteflash Inc. is returned as undeliverable for any reason, the corresponding prize will be forfeited and will be awarded to an alternate winner. Should a winner make any false statement(s) in any document referenced above, the winner will be required to promptly return his/her prize to Sponsor. Any unclaimed prize(s) will be awarded in a random drawing to be held as and when necessary. By accepting a prize, an entrant irrevocably consents to Sponsor’s use of his/her name, photograph and/or likeness, biographical information, address, voice, and statements made by or attributed to them, in perpetuity, in any and all media now known or hereafter developed (including, without limitation, print, broadcast and Internet), for all legitimate business purposes including advertising and promotional activities without limitation, review or approval, or additional compensation, unless prohibited by law. Upon delivery of the prize to the winner’s address, Sponsor will be deemed to have awarded the prize to the winner, and winner will be deemed to have assumed full responsibility for the prize.
8. PARTICIPATION. By participating, entrants agree to be bound by these Official Rules and the decisions of the judges. Sponsor reserves the right to disqualify persons found tampering with or otherwise abusing any aspect of this Contest as solely determined by Sponsor. In the event the Contest is compromised by a virus, non-authorized human intervention, tampering or other causes beyond the reasonable control of Sponsor which corrupts or impairs the administration, security, fairness or proper operation of the Contest, Sponsor reserves the right in its sole discretion to suspend, modify or terminate the Contest. Should the Contest be terminated prior to the stated expiration date, Sponsor reserves the right to award prizes based on the entries received before the termination date.
9. DISCLAIMERS. By entering, participants acknowledge and agree that Sponsor and Sponsor’s officers, employees and agents (collectively, the "Contest Entities") will not be liable for losses or injuries of any kind resulting from any participant's acceptance, possession, use and/or misuse of any prize(s), participation in the Contest, printing, mailing or distribution errors, or any malfunctions of the telephone network, computer Internet system, computer dating mechanism, computer equipment, software, or any combination thereof. Without limiting the generality of the foregoing, the Contest Entities will not be responsible or liable for any injury or damage to any participant's or third person's computer and/or its contents, related to or resulting from the Contest. Sponsor reserves the right to terminate, suspend or modify the Contest if, at its sole discretion, it determines that for any reason the Contest is not capable of running as originally planned, or fraud, technical failures, printing, mailing or distribution errors, or any other unanticipated causes or occurrences have compromised the fairness or integrity of the Contest. In the event the Contest is terminated prior to the stated end date, Sponsor reserves the right to award all prizes in a random drawing from among all eligible entries received as of the date of termination.
10. DISPUTES. By entering, participants agree that: (i) any and all disputes, claims and causes of action arising out of or connected with the Contest, or any prizes awarded, other than those concerning the administration of the Contest or the determination of winner(s), shall be resolved individually, without resort to any form of class action; (ii) any and all disputes, claims and causes of action arising out of or connected with this Contest, or any prizes awarded, shall be resolved exclusively by the United States District Court or the appropriate New York State Court located in New York County, New York; (iii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, but in no event attorneys’ fees; and (iv) under no circumstances will entrant be permitted to obtain awards for, and entrant 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 otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS 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 the entrant and 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 (whether of the State of New York or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York.
12. CONSTRUCTION. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of any entrant and Sponsor, 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 or provisions (whether of New York, or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than New York. 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 such provision is determined to be invalid or otherwise unenforceable, these rules shall be construed in accordance with their terms as if the invalid or unenforceable provision was not contained therein.
13. GENERAL RELEASE. By entering the Contest, entrants release Facebook, the Contest Entities and any and all other promotional sponsors, and any and all of their respective affiliated companies, directors, officers, employees, representatives, partners and agents from any liability whatsoever for any claims, costs, injuries, losses or damages of any kind arising out of or in connection with the Contest or with the acceptance, possession or use of any prize (including, without limitation, claims, costs, injuries, losses or damages related to personal injuries, death, damage to, loss or destruction of property, rights of publicity or privacy, defamation or portrayal in a false light).
14. SPONSOR. The Give It The Yes Vote And Win Contest is sponsored by Whiteflash Inc., whose decisions regarding the selection of winners and all other aspects of the Contest shall be final and binding in all respects. Sponsor will not be responsible for typographical, printing or other inadvertent errors in these Official Rules or in other materials relating to the Contest. If you have any questions regarding this Contest, please contact Whiteflash Inc. – Social Marketing Department.
15. CONTEST RESULTS. For Contest results and/or a copy of these Official Rules, send a hand-printed, self-addressed, stamped envelope to Whiteflash “Give It The Yes Vote And Win Contest”, Whiteflash Inc., 6222 Richmond Ave., Suite 700, Houston, Texas 77057, Attn: Social Marketing Dept. Requests for the winner list must be received by November 21st, 2011.