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SHEWIRED “THE DINAH® 2014 PLATINUM PASS GIVEAWAY” SWEEPSTAKES

SHEWIRED “THE DINAH® 2014 PLATINUM PASS GIVEAWAY” SWEEPSTAKES - RULES

Here are the rules for the platinum ticket giveaway.

 

OFFICIAL RULES

 

SHEWIRED “THE DINAH® 2014 PLATINUM PASS GIVEAWAY” SWEEPSTAKES

 

The Dinah®

April 2-6, 2014

Palm Springs, CA

 

NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING. ODDS OF WINNING WILL DEPEND ON THE NUMBER OF ELIGIGLE ENTRIES RECEIVED. ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION AND ENTRANTS WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION FORMAT. VOID WHERE PROHIBITED.

 

1. Entry Period. The SheWired “The Dinah® 2014 Platinum Pass Giveaway” sweepstakes (the "Sweepstakes") begins March 17, 2014, at 3:00 p.m. EDT and ends on March 19, 2014, at 11:59 p.m. EDT (the “Entry Period”).

 

2.Eligibility. Open only to legal residents of the forty-eight (48) contiguous United States and the District of Columbia, and who are twenty-one (21) years of age or older at the time of entry. Officers, directors and employees of Sweepstakes Entities (as defined below), members of these persons’ immediate families (spouses and/or parents, children, and siblings, and their spouses, regardless of where they reside) and/or persons living in the same households as these persons (whether or not related thereto) are not eligible to enter or win the Sweepstakes. As referenced herein, “Sweepstakes Entities” shall include Here Media Inc. (including its subsidiaries and affiliates, the “Sponsor”), as well as any event producers, promoters, advertisers, administrators, prize suppliers and any other person or entity involved in the development, administration, promotion or implementation of the Sweepstakes.

 

3.How to Enter. During the Entry Period, go to the SheWired Facebook page located at https://www.facebook.com/SheWired (the “Page”) and click “Like.” Once you have “Liked” the Page, you must click “Like” for the post about the Sweepstakes (the “Post”) and comment on the same Post telling SheWired why you want to go to The Dinah® 2014. Once you have completed these steps, you will automatically receive an entry (“Entry) into the Sweepstakes.Limit one (1) Entry per person. If more than one (1) Entry is received from a given person, all entries from such person will be disqualified.

 

The Entry constitutes permission (except where prohibited by law) to use entrant’s name, city, state, likeness, image, and/or voice for purposes of advertising, promotion, and publicity in any and all media now or hereafter known, throughout the world in perpetuity, without additional compensation, notification, permission, or approval. Multiple participants are not permitted to share the same email address. In case of a dispute over the identity of an entrant, the authorized account holder of the email account used for the Entry will be deemed to be the entrant. “Authorized account holder” is defined as the person who is assigned to an email account by the applicable email provider. Entries generated by a script, macro, bot, or other automated means will be disqualified.  Entries that are incomplete, garbled, corrupted, or unintelligible for any reason, including, but not limited to, computer or network malfunction or congestion, are void and will not be accepted.

 

If you opt to enter the Sweepstakes via your wireless mobile device, standard text messaging and/or data rates may apply for each message sent or received from your handset according to the terms and conditions of your service agreement with your wireless carrier. Other charges may apply (such as normal airtime and carrier charges) and may appear on your mobile phone bill or be deducted from your prepaid account balance. Wireless carriers' rate plans may vary, and you should contact your wireless carrier for more information on messaging rate plans and charges relating to your participation in this Sweepstakes. Participation in this Sweepstakes by mobile device means that you understand that you may receive additional messages by mobile device relating to this Sweepstakes, including notifying you if you are a winner, which may be subject to charges pursuant to your carrier's rate plan. Text messaging may not be available from all mobile phone service carriers and handset models. Mobile device service may not be available in all areas. Check your devices capabilities for specific instructions.

 

4.Prize.One (1) winner (the “Winner”) will receive two (2) Platinum Passes for The Dinah® 2014 in Palm Springs, CA, April 2-6, 2014. The approximate retail value of the Prize is $478.00 ($239.00 per Platinum Pass). All taxes on the Prize, if applicable, are the sole responsibility of the Winner. The Prize is awarded “as is” and you hereby acknowledge that the Sponsor has neither made nor is in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to the Prize. If the Prize is a product or service of a third party (e.g. a retail gift card or event tickets) it shall be subject to the terms and conditions (policies, redemptions, expiration dates), which shall be subject to change, that are established by the third party. The Winner will be required to provide name, address, phone number, age confirmation and other information in order to receive the Prize. The Prize will be awarded only if the Winner fully complies with these Official Rules. No Prize transfer or cash redemption. No Prize substitution, in whole or in part, except by Sponsor due to Prize unavailability or any other reason as solely determined by Sponsor, in which case a prize of comparable or greater value will be awarded. By accepting the Prize, Winner agrees to hold the Sweepstakes Entities and their respective parent companies, subsidiaries, affiliates, partners, agents, successors, assigns, officers, directors, employees and agents harmless for any injury or damage caused or claimed to be caused by participation in the Sweepstakes or acceptance or use of the Prize.

 

5.Winner Selection and Notification. Following the conclusion of the Entry Period, during the week of March 17, 2014, Sponsor will randomly select one (1) eligible Entry as the Winner of the Prize. The Winner will be notified by direct message to their Facebook account and will have twenty-four (24) hours from the time the message is sent to respond to Sponsor and claim the Prize. If the message is undeliverable for any reason or the Winner does not respond within twenty-four (24) hours, then an alternate Winner may be selected. It is the sole responsibility of the Winner to provide an accurate email address and account information at the time of entry. If the Winner is not able to accept the Prize, an alternate Winner may be selected from among all remaining eligible Entries. The Winner may be required to complete, execute and return a separate Affidavit of Eligibility and/or Release of Liability within two (2) business days of their receipt. Failure to execute and return this Affidavit and/or Release by the deadline may result in disqualification and an alternate Winner may be selected from among all eligible remaining Entries. Both prior to and after the Winner is selected, Sponsor reserves the right to conduct a background check on the Winner and reserves the right in its absolute and sole discretion to disqualify any person based on such background check if Sponsor determines in its absolute and sole discretion that awarding the Prize to such potential Winner might reflect negatively on Sponsor or any of the Sweepstakes Entities.

 

6.Privacy / Publicity. The information you provide, including your email address, may be used to contact you in connection with the Sweepstakes as well as for general marketing and promotional purposes. By participating in the Sweepstakes, you consent to receive news, updates and/or promotional information from Sponsor and/or its related or affiliated entities and brands. Except where prohibited by law, acceptance of the Prize constitutes permission for Sponsor, or a party designated by Sponsor, to use the Winner’s name, image, likeness, photograph and, if applicable, entry submission (including an altered form) for advertising, publicity, and promotional purposes, in any and all media now or hereafter known, including, but not limited to, online announcements or sharing this information with the press for viewing, whether television or print, throughout the world in perpetuity, all without any additional compensation, notification, or permission.

 

7. Release of Liability. By entering the Sweepstakes, each entrant agrees for entrant and for entrant’s heirs, executors and administrators (a) to release and hold harmless Sweepstakes Entities and their respective officers, directors, and employees (collectively, “Released Parties”) from any liability, illness, injury, death, loss, litigation, or damage that may occur, directly or indirectly, whether caused by negligence or not, from such entrant’s participation in the Sweepstakes and/or his/her acceptance, possession, use, or misuse of the Prize or any portion thereof (including any travel related thereto); (b) to indemnify Released Parties from any and all liability resulting or arising from the Sweepstakes and to hereby acknowledge that Released Parties have neither made nor are in any manner responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to Prize, including express warranties provided exclusively by Prize supplier that are sent along with Prize; (c) if selected as a Winner, to the use by Released Parties of such entrant’s name, voice, image, and/or likeness for publicity, promotional, and advertising purposes in any and all media now or hereafter known, throughout the world in perpetuity, without additional compensation, notification, permission, or approval, and, upon request, to the giving of consent, in writing, to such use; and (d) to be bound by these Official Rules and to waive any right to claim any ambiguity or error therein or in the Sweepstakes itself, and to be bound by all decisions of the Sponsors, which are binding and final. Failure to comply with these conditions may result in disqualification from the Sweepstakes at Sponsors’ sole discretion.

 

8. Sweepstakes Administration.The Sweepstakes is subject to all applicable federal, state, and local laws. All interpretations of these Official Rules and decisions by Sponsor are final. The Sponsor is not responsible for any printing, typographical, mechanical or other error in the printing of the offer, administration of the Sweepstakes, or in the announcement of the Prize. Sponsor is not responsible for electronic transmission errors resulting in omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to or alterations of entry materials, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions or limitations of any kind, or inaccurate transmissions of or failure to receive entry information by Sponsor on account of technical problems or traffic congestion on the Internet or at any Web site or any combination thereof. The Sponsor shall assume no liability resulting from losses, delays, mistaken addresses on mail or e-mail received, typographical errors, technical, computer or telephone malfunctions, loss or theft of computer or telephone data, damage to software or computer equipment, fraudulent calls or any other mistake. If for any reason the Sweepstakes is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Sweepstakes, Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Sweepstakes. Sponsor reserves the right to select a Winner from eligible Entries received as of the termination date. Sponsor reserves the right to disqualify any individual who tampers with the entry process. Sponsor may prohibit an entrant from participating in the Sweepstakes if it determines in its sole discretion that said entrant is attempting to undermine the legitimate operation of the Sweepstakes by cheating, hacking, deception or other unfair playing practices or intending to abuse, threaten or harass other entrants. The failure of Sponsor to comply with any provision of these Official Rules due to an act of God, hurricane, war, fire, riot, earthquake, terrorism, act of public enemies, actions of governmental authorities outside of the control of Sponsor (excepting compliance with applicable codes and regulations), or other “force majeure” event will not be considered a breach of these Official Rules. 

 

9. Governing Law / Limitation of Liability. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of entrants, Sponsor or the Sweepstakes Entities in connection with the Sweepstakes will be governed by and construed in accordance with the internal laws of the State of California, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other state’s laws.

BY ENTERING THE SWEEPSTAKES, ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED TEN DOLLARS ($10.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (2) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES NOT TO EXCEED TEN DOLLARS ($10.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (3) ENTRANTS’ REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.

10. Dispute Resolution and No Class Relief. Except with respect to the protection and enforcement of the intellectual property rights of the Sweepstakes Entities and their rights to seek and/or obtain injunctive or equitable relief, any claim, cause of action or proceeding arising out of or relating to the these Official Rules or the Sweepstakes shall be resolved by mandatory, binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association ("AAA") as supplemented by AAA’s Supplementary Procedures for Consumer-Related Disputes. The arbitration shall be conducted in Los Angeles, California, and the Federal Arbitration Act, and not any state law concerning arbitration, shall apply. The arbitration award shall be final and exclusive, and the prevailing party in the arbitration may file an action in court to confirm and to enforce the arbitration award. Any such action, or any claim, cause of action or proceeding not subject to arbitration as set forth in this section, shall be filed and adjudicated in a state or federal court in Los Angeles County, California, and all parties agree to submit to the personal jurisdiction of those courts. Entrants irrevocably waive any rights to seek and/or obtain injunctive or other equitable relief and any defense of forum non conveniens. Should either party pursue any other judicial or administrative action with respect to any matter included within the scope of this binding arbitration provision, the responding party will be entitled to recover its costs, expenses and attorneys’ fees incurred as a result of such action. FURTHER, ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SWEEPSTAKES, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION.

11.Request Name of Winner. For the name of the Winner, send a self-addressed stamped envelope by April 15, 2014, to: Here Media Inc., Gay.com “Be Your Own Valentine” Sweepstakes, 10990 Wilshire Blvd., 18th Floor, Los Angeles, CA 90024, Attention: Business and Legal Affairs.

 

12. Sponsor. The Sponsor of this Sweepstakes is Here Media Inc.,10990 Wilshire Blvd., 18th Floor, Los Angeles, CA 90024 (the “Sponsor”). Reference to third parties in connection with prizes and/or third party websites or services are for reference and identification purposes only and not intended to suggest endorsement, sponsorship or affiliation with Sponsor or the Sweepstakes. Any questions, comments or complaints regarding this Sweepstakes should be addressed to Sponsor.

 

This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with, Facebook. You understand that you are providing your information to Sponsor and not to Facebook. By participating in this Sweepstakes you agree to a complete release of Facebook from any claims.

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