
The FACEMATE⢠("Prize Promotion") starts at 10:00 a.m. Eastern Standard Time ("EST") on 10/26/2009 and ends at 3:00 p.m. EST on 12/15/09 ("Entry Period"). The prize give-away promotes FACEMATE's new innovative monitor accessory. The prize give-away is subject to these Official Rules (the "Official Rules"), and by entering, the entrant agrees to be bound by them.
ELIGIBILITY: The prize promotion is open only to legal residents of the fifty (50) United States and the District of Columbia, who as of the date of their entry into the prize give-away are thirteen (13) years of age or older, provided parental consent. Employees of FACEMATE, LLC. or other authorized designees associated with the design, administration and/or fulfillment of the prize give-away (collectively, the "Prize Promotion Entities"), as well as members of such employees' immediate families (spouses, children, siblings, parents) or households (whether or not related), are not eligible to participate in the prize give-away. The prize promotion is void where prohibited or restricted by law.
HOW TO ENTER: There is one way to enter the Prize Promotion; online, by completing the websites survey and submitting it and ONLY ONE (1) ENTRY into THE PRIZE PROMOTION per PERSON, HOUSEHOLD ADDRESS and/or E-MAIL ADDRESS WILL BE ACCEPTED. ANY ATTEMPTED ENTRIES IN EXCESS OF THAT LIMIT SHALL BE DEEMED VOID.
PRIVACY: All information collected by FACEMATE, LLC, its Sponsors or affiliates in connection with the Entries will be subject to our Privacy Policy.
Odds of winning a prize depend on the total number of eligible entries received for the Prize Promotion.
WINNER SELECTION: Potential prize winners will be selected in a random drawing on or about 12/15/09 by FACEMATE, LLC, or by a selected independent judging entity. FACEMATE, LLC's decisions regarding the result of the random drawing shall be final and binding. There will be only one Grand Prize Winner (iPod Nano) and ten Runner-up Prize Winners (FACEMATE product) who will be notified by e-mail, certified mail, overnight delivery and or telephone by 12/18/09. If such notification is undeliverable or no response is received by FACEMATE, LLC from the potential prize winner within seven (7) business days of the date of notification or attempted notification, then such potential prize winner will be disqualified, and an alternate winner may be selected in Sponsor's sole discretion. Potential Grand Prize Winner and Runner-up Prize Winners (or potential Grand Prize Winner's or a Runner-up Prize Winner's parent or legal guardian if the potential Grand Prize Winner or Runners-up Prize Winner is a minor in the legal jurisdiction in which he or she resides) will be required to execute and return a notarized Affidavit of Eligibility/Release of Liability and (except where prohibited) Publicity Release form and a completed IRS W-9 form within ten (10) days of date of issuance. All federal, state and local tax liabilities, if any, are the responsibility solely of the prize winners. Acceptance of a prize constitutes permission (except where prohibited) granted to Sponsor to use the prize winner's name, likeness, pictures, photographs, voice, biographical information and statements for publicity, advertising, trade and promotional purposes in any and all media and manner and by any and all means now known or hereafter devised in perpetuity worldwide without additional compensation or limitation of any kind, and without the need to get any further consent.
RELEASE OF LIABILITY/GENERAL CONDITIONS: Prize Promotion Entities shall not be responsible or liable for Entries that are entered by other than human means (
such as by an automated computer program or any non-human mechanism, entity, or device
), in excess of the stated limit, or for Entries that are late, forged, destroyed, lost, misplaced, stolen, misdirected, mutilated, tampered with, incomplete, deleted, damaged, garbled, postage due or otherwise not in compliance with the Sweepstakes' Official Rules, and all such Entries will be disqualified. By entering the Sweepstakes, each entrant agrees: (i) to be bound by these Official Rules and by all applicable laws and decisions of FACEMATE, LLC, its Sponsors and affiliates which shall be binding and final; (ii) to waive any rights to claim ambiguity with respect to these Official Rules; (iii) to waive all of his/her rights to bring any claim, action, or proceeding against any of the Prize Promotion Entities in connection with this prize promotion; and (iv) to release, indemnify, and hold harmless each of the Prize Promotion Entities and their respective officers, directors, employees, agents, shareholders, representatives, successors and assigns (collectively the "Releases"), from any liability (including, but not limited to, liability for defamation, libel, slander, invasion of privacy, infringement of publicity or any intellectual property rights, any property loss, damage, personal injury, bodily injury, death, expense, accident, delay, inconvenience or irregularity, and any indirect, incidental, consequential, special, punitive or exemplary damages of any kind even if the Releases have been advised of the possibility of such loss or damages), costs and expenses (including, without limitation, reasonable outside attorneys' fees) that may arise in connection with: (a) the Prize Promotions, including but not limited to any prize-related activity or element thereof, and the entrant's entry, participation or inability to participate in the Prize Promotion, (b) the violation of any third party privacy, personal, publicity or proprietary rights, (c) typographical errors in these Official Rules or any Prize Promotion materials, (d) acceptance, attendance at, participation in, possession, defects in, use, misuse or inability to use a prize (or any component thereof), (e) any change in the prizing (or any components thereof) due to unavailability, business or other considerations, or due to reasons beyond Sponsor's control, including but not limited to by reason of any acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not such action(s), regulation(s), order(s) or request(s) prove(s) to be invalid), equipment failure, threatened or actual terrorist acts, earthquake, war, fire, flood, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any other cause beyond any of the Prize Promotion Entities' control, or as otherwise permitted in these Official Rules, (f) any interruptions in or postponement, cancellation, or modification of the Prize Promotion, (g) human error, (h) incorrect or inaccurate transcription, receipt or transmission of any part of the Entry (including, without limitation, the Entry information or any parts thereof), (i) any technical malfunctions or unavailability of the Prize Promotion Site or any telephone network, computer online system, computer timing and/or dating mechanism, computer equipment, software, or Internet service provider, or mail or delivery service utilized by any of the Prize Promotion Entities or by an entrant, (j) interruption or inability to access the Prize Promotion, the Website or any other Prize Promotion-related web pages, or any online service via the Internet due to hardware or software compatibility problems, (k) any damage to entrant's (or any third person's) computer and/or its contents related to or resulting from any part of the Prize Promotion, (l) any lost/delayed data transmissions, omissions, interruptions, defects, and/or any other errors or malfunctions, (m) any late, lost, stolen, mutilated, misdirected, illegible, delayed, garbled, corrupted, destroyed, incomplete, undeliverable, postage due or damaged Entries,(n) any wrongful, negligent, or unauthorized act or omission on the part of any of the Prize Promotion Entities, or any of their agents or employees,(o) cancellations, delays, diversions or substitutions
If for any reason the Prize Promotion is not capable of running as planned, or if the Prize Promotion website (or any portion thereof) becomes corrupted or does not allow the proper playing of the Prize Promotion and processing of Online Entries in accordance with these Official Rules, or if infection by computer virus, bugs, tampering, unauthorized intervention, actions by entrants, fraud, technical failures, or any other causes, in the Sponsor's sole opinion, corrupts or affects the administration, security, fairness, integrity, or proper conduct of the Prize Promotion or the granting of a prize or any component thereof, Sponsor reserves the right, in its sole discretion, to disqualify any individual implicated in such action and/or to cancel, terminate, modify, or suspend the Prize Promotion or any portion thereof. In the event the Prize Promotions is cancelled, and to the extent possible as determined by Sponsor, Sponsor will conduct a random drawing to select new entrant(s) from among all eligible, non-suspect Entries received prior to the time of the action or event warranting such cancellation, and to award the prizes (or any awardable portion(s) thereof). In the event that Sponsor determines that there are no eligible entrants, Sponsor reserves the right in its sole discretion to not award the prizes (or any portion thereof). ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PRIZE PROMOTION IS A VIOLATION OF CRIMINAL AND/OR 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. If a dispute arises about who submitted an Online Entry on the Prize Promotion Website, the Online Entry will be deemed submitted by the authorized account holder of the e-mail account entered. The authorized account holder is deemed the natural person who is assigned to an e-mail address by an Internet access provider, service provider, or other online organization that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. A potential prize winner may be requested to provide Sponsor with proof that he/she is the authorized account holder of the e-mail address associated with the winning Online Entry and that all eligibility requirements are met.
ARBITRATION: BY ENTERING INTO THE PRIZE PROMOTION, EACH ENTRANT AGREES THAT ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS PRIZE PROMOTION (INCLUDING WITHOUT LIMITATION ITS PRIZING) OR RELATING TO THESE OFFICIAL RULES, THEIR ENFORCEMENT, ARBITRABILITY OR INTERPRETATION, SHALL BE SUBMITTED TO FINAL AND BINDING ARBITRATION, TO BE HELD IN DELAWARE, BEFORE A SINGLE ARBITRATOR. THE ARBITRATOR SHALL BE SELECTED BY MUTUAL AGREEMENT OF THE PARTIES OR, IF THE PARTIES CANNOT AGREE, THEN BY SELECTING AN ARBITRATOR FROM A LIST OF ARBITRATORS SUPPLIED BY JAMS (JUDICIAL ARBITRATION AND MEDIATION SERVICES). IF THE PARTIES STILL CANNOT AGREE ON AN ARBITRATOR, THE ARBITRATOR SHALL BE APPOINTED BY JAMS. THE ARBITRATION SHALL BE A CONFIDENTIAL PROCEEDING, CLOSED TO THE GENERAL PUBLIC.THE ARBITRATOR SHALL ISSUE A WRITTEN OPINION STATING THE ESSENTIAL FINDINGS AND CONCLUSIONS UPON WHICH THE ARBITRATOR'S AWARD IS BASED. THE PARTIES WILL SHARE EQUALLY IN PAYMENT OF THE ARBITRATOR'S FEES AND ARBITRATION EXPENSES AND ANY OTHER COSTS UNIQUE TO THE ARBITRATION HEARING (RECOGNIZING THAT EACH SIDE BEARS ITS OWN DEPOSITION, WITNESS, EXPERT AND ATTORNEYS' FEES AND OTHER EXPENSES TO THE SAME EXTENT AS IF THE MATTER WERE BEING HEARD IN COURT). NOTWITHSTANDING THE FOREGOING, THE ARBITRATOR MAY REQUIRE THAT SUCH FEES BE BORNE IN SUCH OTHER MANNER AS THE ARBITRATOR DETERMINES IS REQUIRED IN ORDER FOR THIS ARBITRATION CLAUSE TO BE ENFORCEABLE UNDER APPLICABLE LAW.
GOVERNING LAW: Each entrant acknowledges that the internal substantive laws (as distinguished from the choice of law rules) of the State of Delaware and the United States of America applicable to contracts made and performed entirely in Delaware shall govern the validity and interpretation of these Official Rules and all other causes of action (whether sounding in contract or in tort) arising out of or relating to these Official Rules.
NO INJUNCTIVE RELIEF: EACH ENTRANT UNDERSTANDS AND AGREES THAT HE/SHE SHALL HAVE NO RIGHT TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, ADVERTISING, PROMOTION, DISTRIBUTION OR EXPLOITATION OF THE PROMOTION, THE PRODUCTS, OR ANY OTHER INTELLECTUAL PROPERTY RIGHTS OF FACEMATE, LLC OR ANY OF ITS PARENTS, SUBSIDIARIES OR AFFILIATES