Smile for the camera! #GetSelfieReady this season for a chance to win an iPad!
Ever wanted to try teeth whitening or a Brazilian blowout? Share a pic of you getting “Selfie Ready” with a beauty treatment you want to show off like a manicure, a new do, or skin care.
You can submit as many pics as you like. Then you and everyone else can vote for your favorite selfie pics, and from those we’ll pick three winners! You can vote once per hour, so come back often!
Grand Prize: 128 GB iPad
2nd Place: $100 Groupon Bucks
3rd Place: Your treatment will inspire Favin to go get the same. Both experiences, yours and mine, will be featured on her blog!
Enter now! Or if you got some time to read, click through for the official rules:
No Purchase OR PAYMENT OF ANY KIND IS Necessary TO ENTER OR WIN THIS CONTEST. A Purchase OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR Chances Of Winning.
VOID WHERE PROHIBITED BY LAW. AFFIDAVIT OF ELIGIBILITY / RELEASE OF LIABILITY MAY BE REQUIRED. ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION AND ENTRANTS WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION FORMAT. SPONSOR OBTAINS RIGHTS FROM ENTRANTS TO REPOST AND USE ANY AND ALL CONTENT SUBMITTED AS PART OF THE CONTEST. ONLINE ENTRY ONLY AND INTERNET CONNECTION AND GROUPON ACCOUNT REQUIRED.
THIS CONTEST IS IN NO WAY SPONSORED, ENDORSED, ADMINISTERED BY, OR ASSOCIATED WITH, FACEBOOK, INC. (“FACEBOOK”) INSTAGRAM, LLC, (“INSTAGRAM”), TWITTER, INC. (“TWITTER”) OR OFFERPOP CORPORATION (“OFFERPOP”).
BY ENTERING (OR OTHERWISE PARTICIPATING IN) THE CONTEST, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES TO THE CONTEST ENTITIES FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.
1. Eligibility. Groupon’s #GetSelfieReady Contest (the “Contest”) is open only to individuals (not groups) who are legal residents and physically located in one (1) of the fifty (50) states in the United States or the District of Columbia and at least eighteen (18) years of age or older at the time of entry. Employees, officers and directors of Groupon, Inc. (“Sponsor”, “us” or “we”), its parent, and each of their respective affiliates, subsidiaries, advertising and promotion agencies, distributors and other prize suppliers (collectively, the “Contest Entities”), and each of such employees’, officers’ and directors’ immediate family members and/or those living in the same household (whether legally related or not) of each are not eligible to enter the Contest or win a prize. For purposes of this Contest, immediate family members are defined as spouse, partner, parents, legal guardians, in-laws, grandparents, siblings, children and grandchildren and those living in the same household shall mean people who share the same residence at least three (3) months a year, whether legally related or not. Void where prohibited by law. By entering or participating in the Contest, entrants agree to be bound by these “Official Rules” and the decisions of the Judges (defined below) and/or Sponsor, which are binding and final on matters relating to this Contest, including, without limitation, interpretation of the Official Rules.
2. Entry Period. The Contest begins on or about 11:59 Central Time (“CT”) on April 28, 2014 and all entries must be received by the Sponsor on or before 11:59 p.m. CT on May 6, 2014 (the “Entry Period”).
3. How to Enter. To participate and enter this Contest, individuals must have a Facebook account. Once logged into your Facebook account, you must visit the Favin the Beauty Maven Facebook Page at https://www.facebook.com/favinthemaven (the “Favin Page”) and “like” (or previously have “liked” the Favin Page). Afterwards, you can click on the Contest ad on the Favin Page and entrants can then enter the Contest through the application (the “Application”) that interacts with the Favin Page by giving permission to the Application to collect entrant’s information from entrant’s Facebook profile located at https://www.facebook.com/favinthemaven/app_448952861833126 (the “Contest Website”). The Contest Website will contain a description of the Contest and the official entry for, which may request, among other things, his/her full name, home address (no P.O. Boxes), email address associated with his/her Groupon account, and related registration information as prompted. After individuals have completed the entry form, individuals must post a photograph they have taken of themselves doing something beauty related to get “selfie ready” (ex. face, skin, hair, nails) in one of the following ways (each a “Submission”): (1) uploading a photo by selecting the Facebook upload option; (2) tweeting a photo on their Twitter Account with the hashtag #GetSelfieReady and tagging @favinthemaven; or (3) posting a photo on their Instagram account with the hashtag #GetSelfieReady and tagging @favinthemaven. If a Submission was entered via Twitter or Instagram, the individual must visit the Favin Page and click on the Applicable to claim and confirm the Submission.
For the purpose of this Contest, a Submission is a photo that follows the technical, creative, and legal requirements disclosed on the Contest Website and elsewhere in these Official Rules, including, without limitation, the Content Guidelines (defined below). Entrant must complete and submit the entry form with all required information for the entry to be eligible.
A Submission may, in Sponsor’s sole and absolute discretion, be rejected if it fails to follow the technical, creative, and legal requirements disclosed on the Contest Website and elsewhere in these Official Rules. All eligible Submissions to the Contest accompanied by a fully completed entry form will be an entry in the Contest. For purposes of this Contest, an online entry is “received” when the Contest Website’s servers record the entry information and submission. Proof of sending (such as an automated computer receipt confirming entry or “thanks for entering” message) does not constitute proof of actual receipt of an entry for purposes of this Contest. The database clock of Sponsor’s Contest Website will be the official timekeeper for the Contest. Those who do not follow all of the instructions, provide the required information in their entry form, or abide by these Official Rules or other instructions of Sponsor may be disqualified at Sponsor’s sole and absolute discretion. All entries that are late, illegible, incomplete, damaged, destroyed, forged or otherwise not in compliance with the Official Rules may be disqualified from the Contest at Sponsor’s sole and absolute discretion. Sponsor may run multiple campaigns, contests, sweepstakes, or other promotions simultaneously. Entry into one (1) campaign, contest or sweepstakes does not constitute entry into any other.
Limit of five (5) entries per person during the Entry Period will be accepted. Subsequent attempts made by the same individual to submit multiple entries by using multiple or false contact information or otherwise may result in the entrant being disqualified. Entries generated by script, macro or other automated means and entries by any means which subvert the entry process are void. All entries become the physical property of Sponsor and will not be acknowledged or returned. Assurance of delivery of entries is the sole responsibility of the entrant. NOTE: Sponsor may not receive entries from Social Media Account users with “protected” updates (i.e., user has set their Social Media Account so that only people the user has approved can view their updates) due to the way some social media websites operate its service.
In the event of a dispute as to the identity of any entrant who submits an entry, the entry will be deemed submitted by the holder of the email or other account (e.g., Facebook) from which it was sent but only if such person is otherwise eligible. The “account holder” is the person assigned an email address or username by the entity responsible for assigning it (e.g., Yahoo). winners (defined below) may be required to show proof of being the registered account holder. If a dispute cannot be resolved to the Sponsor’s satisfaction, the entry will be deemed ineligible. Sponsor and affiliated entities are not responsible for lost, misdirected, misplaced, stolen, tampered with, deleted, or invalid entries.
If you do not already have a Facebook, Twitter, or Instagram account (herein referred to as a “Social Media Account”), visit the social media website’s webpage (the “Social Media Website”) to create a Social Media Account; creating a Social Media Account is usually free. By submitting your information and creating a Social Media Account, you likely will be required to agree to the Social Media Website’s terms of service and privacy notice. If you do not agree to the Social Media Website’s terms of service and privacy notice, you likely cannot create a Social Media Account, but you will still be able to participate in this Contest by directly submitting your photo on the Contest Website. Additionally, entrants cannot have their personal account on the Social Media Website used for purposes of entering this Contest on a private setting so Sponsor cannot find or view entrant’s Submission. Any failure of Sponsor to find an entrant’s Submission may disqualify entrant in Sponsor’s sole and absolute discretion.
4. Submission Content Guidelines. Submissions that do not meet the following “Content Guidelines” are subject to disqualification, at Sponsor’s sole and absolute discretion, so read and follow these Content Guidelines:
- Submissions must be of you doing something beauty related.
- Submissions cannot contain any image that is sexual in nature, contains nudity, is sexually explicit, indecent or obscene, all as determined by Sponsor, in its sole and absolute discretion.
- During the Entry Period, Submissions cannot be displayed or distributed except by us and you must maintain all rights, without third party obligations, to transfer your Submission to us if you are selected as a winner.
- Each Submission, in its entirety, must be a single work of original material created by the entrant, or for which entrant has all rights required to comply with these Official Rules, and suitable for presentation in a public forum.
- Submissions must not have been submitted previously in any contest of any kind or exhibited or displayed publicly (i.e., disclosed beyond your immediate circle of friends and family) through any means previously.
- Submissions must not infringe on the intellectual property rights of any other person or entity. Sponsor does not permit the infringement of others’ rights and any use of materials that infringe third party rights is grounds for disqualification from the Contest and may subject you to liability. Do not include materials, images, graphics or trademarks belonging to any third parties or incorporate the names, likeness or personas of any party other than yourself (including, but not limited to, children under the age of 18) unless you have obtained all rights necessary to permit you to use same in connection with your Submission and grant the rights herein granted to Sponsor. Entries that contain brand names, trademarks or company logos are subject to disqualification.
- Submissions must not include material that: (a) is violent, hateful, tortuous, defamatory, slanderous or libelous, (b) is derogatory or promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age, (c) invades the privacy or publicity rights of any person, living or deceased, (d) is unlawful, (e) is harmful to other users of the Contest Website such as viruses, Trojan horses or other technologies that could adversely impact the Contest, and/or (f) is disparaging to Sponsor or is inconsistent with the positive images and/or goodwill to which Sponsor wishes to associate (at Sponsor’s sole and absolute discretion).
- Submissions should not reveal any personal information about another individual, including another person’s address, phone number, email address, credit card number or any information that may be used to track, contact or impersonate that individual.
- Submissions shall not include any recognizable individuals for which you do not have express permission to include.
- No background artwork should appear in the Submissions unless it is an original work of the entrant. Any artwork, murals, etc. that can be seen in Submissions must be created solely by the entrant or entrant must be the sole owner of all copyright interests therein.
- Entrants must not submit a Submission that if selected cannot be assigned to Sponsor as contemplated below.
5. Intellectual Property. Entrant, upon submission of his/her Submission to the Contest, hereby irrevocably grants to Sponsor, and each of its licensees, successors and assigns, the non-exclusive, perpetual, royalty-free, no-cost license and right to use and otherwise exploit his/her Submission, and all images, text and materials included or depicted therein, in whole or in part, in any manner or medium now or hereafter known or devised (including, without limitation, CDs, streaming media, film, television, videocassettes, print, interactive devices, mobile media, Internet and on-line systems), throughout the universe and in any and all languages, including, without limitation, the right to display, reproduce, recreate, record, perform, exhibit, distribute, copy, edit, change, modify, add to, subtract from, re-title and adapt the same, to combine it with other material and otherwise use and exploit it without having to give any compensation or attribution to entrants or any third party, except for the awarding of the prizes to the winners in this Contest. Entrants agree that during the Entry Period, they shall not make, and shall not permit, any other public use, display or distribution of the Submissions, and they shall maintain all rights without encumbrances so that, if Sponsor desires, entrants can assign all rights in and to Submissions if selected as a winner. Sponsor, and each of its successors, assigns and licensees, will have the right to make unlimited derivative works of Submissions, to assign or transfer any or all of Sponsor’s granted rights and to grant unlimited, multiple-level sublicenses. Without limiting the forgoing, Sponsor will have the right to use the Submissions submitted as part of the Contest, and all images, text and materials included or depicted therein (if any), in any merchandising, advertising, marketing, promotion or for any other commercial or non-commercial purpose. Entrants hereby forever waive and relinquish all so-called “moral rights (droit moral)” now or hereafter recognized in connection with Submissions submitted as part of the Contest. Entrants acknowledge that as a condition of participating in the Contest and/or being selected as a winner, Sponsor may request that the entrant’s Submission, and any rights therein, be assigned to Sponsor and entrants may be required to confirm such assignment by completing and submitting any documents reasonably required by Sponsor or such entrant will otherwise be disqualified from receiving their prizes. Entrants must maintain the ability to assign all such rights to Sponsor free of any limitations, restrictions or third party obligations. Entrants agree that Sponsor shall have the sole discretion in determining the extent and manner of use of Submissions and are not obligated to use any Submission. Entrants agree not to issue any publicity concerning Sponsor. Entrants agree that Sponsor, nor its agents, shall be responsible for return or preservation of the Submissions submitted. All Submissions may be posted by Sponsor on the Contest Website or elsewhere and may be available to be viewed by anyone with access to the Internet.
Each entrant acknowledges that Submissions are not being submitted in confidence or in trust to Sponsor and that no confidential or fiduciary relationship is intended or created. Each entrant acknowledges that Sponsor and other entrants may have created ideas and concepts contained in their Submissions that may have familiarities or similarities to his/her own Submission, and that he/she will not be entitled to any compensation or right to negotiate with the Contest Entities because of these familiarities or similarities. Notwithstanding any custom and practice in the industry to pay an individual for an idea (if any), nothing herein shall create an implied or express contract to compensate entrants for their Submissions and there is no obligation for any Contest Entity to pay or otherwise compensate entrants for any of their ideas or materials in any communications with Sponsor, whatsoever. Submissions are not confidential and the Contest Entities’ only obligations to entrants regarding Submissions are as specifically set forth in these Official Rules. The decisions of the Sponsor are final and binding in all matters relating to this Contest, including interpretation and application of these Official Rules. Each entrant, by participating in the Contest, except where legally prohibited, grants permission for Sponsor and its designees to use his/her name, address (city and state), photograph, voice and/or other likeness and prize information for advertising, trade and promotional purposes without further compensation, in all media now known or hereafter discovered, worldwide in perpetuity, without notice or review or approval. Sponsor reserves the right to request from entrant at any time proof that entrant maintains all necessary rights in their Submission in order to grant Sponsor the rights required herein in a form acceptable to Sponsor. Failure to provide such proof may lead to, among other things, the entrant being disqualified from the Contest.
6. Representations, Warranties and Indemnity. By entering the Contest, each entrant represents and warrants that he or she has read, understands, agrees to and will follow the Official Rules. Entrants further represent and warrant that their Submission and all materials and matter therein: (a) (except for elements that are within the public domain or are provided by Sponsor for inclusion in Submissions) are wholly original with such entrant and are not a copy or imitation of any other material or entrant has all necessary rights to grant the Sponsor the rights granted hereunder and exercise such without obligation or liability to any third party; (b) will not infringe or violate any right whatsoever, including, without limitation, any personal rights (e.g., defamation, privacy, false light, moral right, etc.) or any property rights (e.g., copyright, trademark, right to ideas, etc.) of any person or entity and the use thereof will result in no third party liability or obligations; and (c) is not the subject of any threatened or pending litigation, claim or dispute that might give rise to litigation, which adversely affects or in any way prejudices, impairs or diminishes the rights granted hereunder or the value thereof. Each entrant further represents and warrants that he or she has the right to agree to and fully perform consistent with these Official Rules and that he or she has complied and has obtained all permissions, licenses and consents that are necessary for the submission of the Submission and the use of the Submission and to verify compliance with the foregoing requirements. Each entrant agrees to provide to Sponsor at Sponsor’s request copies of all such permissions, licenses and consents. Sponsor reserves the right, in its sole discretion, to disqualify and/or not to post on the Contest Website any Submission that Sponsor determines does not comply with these Official Rules, to make such changes to any Submission as are necessary to make it compliant, or to require the entrant to do so. Entrant further acknowledges and agrees that he/she has not previously granted, assigned or otherwise encumbered his/her Submission, or any images, text and materials depicted therein, to any other third party. Further, each entrant represents and warrants that Sponsor’s use of any Submission, including any images, text and materials depicted therein, shall not violate an agreement to which such entrant has signed. Entrants agree to indemnify and hold the Released Parties (defined below) harmless from and against any third party claim, to the extent arising out of or relating to any breach of any representation, warranty or covenant made by such entrant in connection with his or her acceptance of these Official Rules or Contest activities.
7. Determining the winners. Throughout the Entry Period, Submissions will be posted on the Contest Website to be rated by other users of the Contest Website that have “liked” the Favin Page (“Users”). Users must be thirteen (13) years of age or older and have a Facebook Account to vote. Users will be asked to judge the Submissions based on the Public Voting Criteria (defined below). Users are required to critically evaluate each Submission and vote for their favorite based on: (i) 50% based on the public appeal of the Submission; and (ii) 50% based on the Submission which is most memorable (collectively, the “Public Voting Criteria”).
During the Entry Period, Users may vote on each Submission using the Public Voting Criteria a maximum of once per hour by visiting the Contest Website and following the instructions to participate in the voting process. Any entrant or other User offering or using, or attempting to use a “cheat,” payment, or other incentive (such as, the offer or acceptance of any benefit, compensation, gift or award in conjunction with voting or not voting for a given entry), or any other means to obtain votes or manipulate the results of the public voting may be disqualified and any votes earned by those means may be void, in Sponsor’s sole discretion. If attempts are made to vote in excess of the stated limits or obtain votes by means other than as specifically set forth in this Section, Sponsor may, in its sole discretion, disqualify any related entrant or votes. Use of any automated, script, software, macro or robotic program or any other automated or improper means to submit or gain votes may result in the disqualification, in the sole discretion of the Sponsor, of the entry to which such votes relate, of the votes themselves, or both. Sponsor shall have the sole discretion to institute policies, protocols and procedures designed to enforce the intent of such restriction.
The top six (6) Submissions that receive the highest valid vote total during the Entry Period (the “Top 6 Submissions”) will be submitted to and reviewed by Favin the Beauty Maven (the “Favin”), who will judge the Top 6 Submissions based on the following judging criteria (collectively, the “Judging Criteria”):
• 40% based on creativity of the beauty product or treatment;
• 30% based on uniqueness of the photo; and
• 30% based on quality of the photo.
Based on the total score Favin assigns to each of the Top 6 Submissions using the Judging Criteria, the Submissions will be ranked and receive the corresponding prizes outlined below, subject to confirmation that each has met the eligibility requirements and complied with these Official Rules. If there is a tie after Favin has applied the Judging Criteria, Sponsor will bring in a tie breaking judge to apply the same Judging Criteria to break the tie.
8. Notification of winners. The potential winners will be notified by email or other method (as selected by Sponsor) a commercially reasonable time after the selection of the winners, which will occur on or about May 12, 2014. The Sponsor is not responsible for false, incorrect, changed, incomplete or illegible contact information. Notification is deemed to have occurred immediately upon sending of an email or other electronic message, one (1) day after sending via a delivery service or two (2) days after mailing. If Sponsor is unable to contact a potential winner or a potential winner is not in compliance with these Official Rules, the prize will be forfeited and, at Sponsor’s discretion, an alternate winner selected. Parents or legal guardians of a winner under the age of majority in their state of residence (which is eighteen (18) in most states but is nineteen (19) in Alabama and Nebraska and twenty-one (21) in Mississippi) may be required to sign a prize acceptance document in order for a winner to be qualified to receive his/her prize.
Non-compliance shall result in disqualification and, in Sponsor’s discretion, award of the prize to an alternate winner. If any potential winner is found to be ineligible, or if he or she has not complied with these Official Rules, or declines a prize for any reason prior to award, such potential winner may be disqualified and an alternate potential winner may be selected. The Sponsor is not responsible for and shall not be liable for late, lost, damaged, intercepted, misdirected, or unsuccessful efforts to notify the potential winners.
9. Prizes and Values. The following prizes will be awarded:
|Winner||Prize||Approximate Retail Value (“ARV”)|
|1st Place||iPad 2 — white,128MB, Wi-Fi/Cellular||$900|
|2nd Place||$100 in Groupon Bucks||$100|
|3rd Place||Favin will try the beauty treatment submitted||$0|
Terms Applicable to Groupon Bucks can be found here (click to link) or http://www.groupon.com/terms#groupon-bucks.
Prizes are non-transferable, with no cash redemptions, equivalents or substitutions, except at Sponsor’s sole and absolute discretion. All prize details not specified in these Official Rules will be determined in Sponsor’s sole and absolute discretion. Prize details and availability are subject to change and prize provider’s rules and restrictions, and in the event that Sponsor is unable to provide a winner with his/her prize, the Sponsor may elect, to provide winner with the approximate value of such item in cash or award an alternate prize of comparable or greater value. In the event a winner engages in behavior that (as determined by Sponsor or any prize provider in its or their sole and absolute discretion) is obnoxious, inappropriate, or threatening, illegal or that is intended to annoy, abuse, threaten or harass any other person, Sponsor reserves the right to terminate the right to receive a prize. All prizes are awarded “AS IS” and without warranty of any kind, express or implied (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose). Prize winners will be solely responsible for all federal, state and/or local taxes, and for any other fees or costs associated with the prizes they receive, regardless of whether they, in whole or in part, are used. The ARV of the prizes is based on available information provided to Sponsor and the value of any prize awarded to a winner may be reported for tax purposes as required by law. The winners may be required to provide Sponsor with a valid social security number or tax identification number before the prizes will be awarded for tax reporting purposes. An IRS Form 1099 may be issued in the name of winners, or if a minor in the jurisdiction in which s/he resides, in the name of his/her parent or legal guardian, for the actual value of the prizes received. Unclaimed prizes will be forfeited. The total retail value of all of the prizes awarded in this Contest is: One Thousand Dollars ($1,000.00) (USD). Groupon Bucks Prize will only be credited to a winner’s verified Groupon account, except in Sponsor’s sole and absolute discretion.
10. General Conditions. Released Parties (as defined below) are not responsible for lost, late, incomplete, inaccurate, stolen, misdirected, undelivered, delayed, garbled or damaged entries; or for lost, interrupted or unavailable network, server, Internet Service Provider (ISP), website, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties, or other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Contest, including, without limitation, errors or difficulties which may occur in connection with the administration of the Contest, the processing of entries, the announcement of the prizes or in any Contest-related materials. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by Contest Website users, tampering, hacking, or by any equipment or programming associated with or utilized in the Contest. Released Parties are not responsible for injury or damage to participants’ or to any other person’s computer related to or resulting from participating in this Contest or downloading materials from or use of the Contest Website. Persons who tamper with or abuse any aspect of the Contest or Contest Website or who are in violation of these Official Rules, as solely determined by Sponsor, may be disqualified and all associated entries voided, all in Sponsor’s sole judgment. Should any portion of the Contest be, in Sponsor’s sole opinion, compromised by virus, worms, bugs, non-authorized human intervention or other causes which, in the sole opinion of the Sponsor, corrupt or impair the administration, security, fairness or proper play, or submission of entries, or should the Contest be unable to run as planned for any other reason, Sponsor reserves the right, in its sole discretion to suspend, modify or terminate the Contest and, if terminated, at its discretion, select the potential winners from all eligible, non-suspect entries received prior to the action taken or as otherwise deemed fair and appropriate by Sponsor. The Released Parties are not responsible for electronic communications that are undeliverable as a result of any form of active or passive filtering of any kind, or insufficient space in entrant’s email or other account to receive messages. CAUTION: ANY ATTEMPT TO DAMAGE THE CONTEST 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 MAY DISQUALIFY ANY SUCH INDIVIDUAL AND RESERVES THE RIGHT TO SEEK DAMAGES (INCLUDING ATTORNEYS’ FEES) AND OTHER REMEDIES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
11. Release. By participating in the Contest, entrants agree to release, discharge and hold harmless the Contest Entities and Facebook, Offerpop and each of their respective directors, officers, employees, agents, successors and assigns (“Released Parties”), from and against and any and all claims, liability, costs, losses, damages or injuries of any kind arising out of or related to entrants’ participation in the Contest and/or related to any prize (including, without limitation, losses, damages or injuries to entrant’s or any other person’s equipment or other property, or to their persons, related to participation in the Contest; or arising out of any violation of rights of publicity or privacy, or claims of defamation or portrayal in a false light; or based on any claim of infringement of intellectual property or other rights; or from any typographical, human or other error in the printing, offering, selection, operation or announcement of any Contest activity and/or prize). Without limiting the generality of the foregoing entrants agree that the Released Parties: (a) have neither made nor will be in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, in connection with the Contest and/or with respect to prize(s), including, without limitation, to any prize’s quality or fitness for a particular purpose; (b) maintain no control over the personnel, equipment or operation of any air, water or surface carrier, ship line, bus or limousine company, transportation company, hotel, manufacturer or other person or entity furnishing services, products or accommodations (“Suppliers”) as a part of the prize(s) provided in connection with the Contest; and (c) will not be responsible or liable for any injury, damage, loss, expense, accident, delay, inconvenience or other irregularity that may be caused or contributed to: (i) by the wrongful, negligent or unauthorized act or omission on the part of the Suppliers or any of their agents, servants, employees or independent contractors, (ii) by any defect in or failure of any vehicle, equipment, instrumentality, service or product that is owned, operated, furnished or otherwise used by any of those Suppliers, (iii) by the wrongful, negligent or unauthorized act or omission on the part of any other person or entity not an employee of the Released Parties, and (iv) by any cause, condition or event whatsoever beyond the control of the Released Parties. Each entrant further agrees to indemnify and hold harmless the Released Parties from and against any and all liability resulting or arising from the Contest and to release all rights to bring any claim, action or proceeding against Released Parties. Sponsor is not responsible for the actions of entrants in connection with the Contest, including entrants’ attempts to circumvent the Official Rules or otherwise interfere with the administration, security, fairness, integrity or proper conduct of the Contest. Entrants further understand and agree that all rights under Section 1542 of the Civil Code of California (“Section 1542”) and any similar law of any state or territory of the United States that may be applicable with respect to the foregoing release are hereby expressly and forever waived. Entrants acknowledge that Section 1542 provides that: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” The releases hereunder are intended to apply to all claims not known or suspected to exist with the intent of waiving the effect of laws requiring the intent to release future unknown claims. If entrant is an eligible minor, his/her parent or legal guardian must agree to these Official Rules, including, without limitation, this Section.
12. Publicity Release. Subject to applicable law, winners irrevocably grant the Released Parties and each of their licensees, and its and their successors, assigns and sub-licensees the right and permission to use their name, voice, likeness and/or biographical material for advertising, promotional and/or publicity purposes in connection with the Contest, in all forms of media and by any and all means and media (now and hereafter known), and on and in connection with related products, services, advertising and promotional materials (now known or hereafter developed), worldwide, in perpetuity, without any obligation, notice or consideration except for the awarding of the prizes to the winners.
13. Suspension / Modification / Termination. In the event Sponsor is prevented from continuing with the Contest by any event beyond its control, including, but not limited to, fire, flood, epidemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, communications or equipment failure, utility or service interruptions, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared), interference with the Contest by any party, or any federal, state or local government law, order, or regulation, order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control (each a “Force Majeure” event or occurrence) Sponsor shall have the right to modify, suspend or terminate the Contest. Sponsor additionally reserves the right, in its sole and absolute discretion: (a) to modify, suspend or terminate the Contest should causes beyond Sponsor’s control corrupt or interfere with the administration, integrity, operation, security or proper play of the Contest; or (b) to disqualify any entrant found to be, or suspected of: (i) tampering with the entry process or the operation of the Contest; (ii) acting in violation of these Official Rules; or (iii) acting in an un-sportsmanlike manner. The Contest Entities are not responsible for any changes or unavailability of the Social Media Websites that may interfere with the Contest (including any limitations, any restrictions, or any conditions on Sponsor’s ability to use any Social Media Website for the Contest as set forth herein that are not acceptable to Sponsor) or ability of entrant to timely enter, receive notices or communicate with Sponsor via an applicable Social Media Website, in which case Sponsor, in its sole discretion, may terminate or modify the Contest.
14. Dispute Resolution.
A. Binding Arbitration. By entering the Contest, you agree that any and all disputes, claims, and causes of action arising out of or connected with the Contest, or any prize shall be resolved exclusively by final, binding arbitration; except that you may bring a qualifying claim over a dispute in a small claims court in Cook County, Illinois. By entering the Contest, you are giving up the right to go to court and have a dispute heard by a judge or jury (except as otherwise set forth in this Section 14(A) or Section 14(E)). The provisions of this Section 14 shall constitute your written agreement to arbitrate disputes under the Federal Arbitration Act (“Agreement”). The arbitration will be administered by the American Arbitration Association (“AAA”) and conducted before a single arbitrator pursuant to its rules, including the AAA’s Supplementary Procedures for Consumer-Related disputes, available at http://www.adr.org or by calling 800-778-7879. The arbitrator will apply and be bound by these Official Rules, apply applicable law and the facts, and issue a reasoned award.
To begin an arbitration proceeding, you must comply with the limitations provision set forth in Section 14(F) and submit the dispute by utilizing the forms available at http://www.adr.org, and simultaneously sending a copy of the completed form to the following address: C T Corporation System, 208 S. LaSalle Street, Suite 814, Chicago, IL 60604. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. Groupon will reimburse those fees for disputes totaling less than $10,000 unless the arbitrator determines the dispute is frivolous. Likewise, Groupon will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the dispute is frivolous. The arbitration will be conducted by a sole arbitrator based upon written submissions unless you request and/or the arbitrator determines that a telephone or in-person hearing is necessary. If the arbitrator grants the request or determines an in-person hearing is necessary, the hearing will proceed in Chicago, Illinois, unless the arbitrator determines or we agree that the matter should proceed in the county in which you reside.
B. No Class Action Matters. We each agree that we shall bring any dispute against the other in our respective individual capacities and not as a plaintiff or class member in any purported class, representative proceeding or as an association. In addition, we each agree that disputes shall be arbitrated only on an individual basis and not in a class, consolidated or representative action. The arbitrator does not have the power to vary these provisions.
D. Choice of Law and Forum; No Jury Trial. If for any reason a dispute proceeds in court: (i) you agree that any such dispute may only be instituted in a state or federal court in Cook County, Illinois; (ii) you and Groupon irrevocably consent and submit to the exclusive personal jurisdiction and venue of such courts for resolution of such disputes; (iii) you and Groupon agree that the Federal Arbitration Act, the AAA rules, applicable federal law and the laws of the State of Illinois, without regard to principles of conflicts of law, will govern these Official Rules and any disputes; and (iv) you and Groupon agree to waive any right to a trial by jury.
E. Injunctive Relief. Notwithstanding anything to the contrary in these Official Rules, either party may bring suit in court seeking an injunction or other equitable relief arising out of or relating to the infringement of a party’s intellectual property.
F. Time Limitations. If either of us wants to assert a dispute against the other, the party with a dispute must institute arbitration within one (1) year from the date the dispute arose. Absent commencing the arbitration within one (1) year from the date the dispute arose, the dispute(s) will be forever barred.
F. Severability. The invalidity or unenforceability of any provision of these Official Rules or the Affidavit will not affect the validity or enforceability of any other provision. In the event that any provision of the Official Rules or the Affidavit is determined to be invalid or otherwise unenforceable or illegal, the other provisions will remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
15. No Obligation to Use. Sponsor shall have no obligation (express or implied) to use any or to otherwise exploit any Submission or, if commenced, to continue the distribution or exploitation thereof, and Sponsor may at any time abandon the use of the Submission for any reason, with or without legal justification or excuse, and entrants shall not be entitled to any damages or other relief by reason thereof.
16. Dates & Deadlines/Anticipated Number of Contestants. Because of the unique nature and scope of the Contest, Sponsor reserves the right, in addition to those other rights reserved herein, to modify any date(s) or deadline(s) set forth in these Official Rules or otherwise governing the Contest. Sponsor cannot accurately predict the number of entrants who will participate in the Contest.
17. Further Documentation. If Sponsor shall desire to secure additional assignments, certificates of engagement for the Submission or other documents as Sponsor may reasonably require in order to effectuate the purposes and intents of these Official Rules, then each entrant agrees to sign the same upon Sponsor’s request therefor.
18. List of Contest winners / Official Rules Requests. To receive any legally required list of the winners, send a stamped self-addressed envelope, within six (6) months of the end of the Entry Period, to: “Contest winners List”, Groupon, Inc., 600 West Chicago Avenue, Ste. 400, Chicago, IL 60654. Please indicate which Contest winners list you are requesting by referencing the name of the Contest in your request. For a copy of these Official Rules, send a legal-size, self-addressed, stamped envelope to “Contest Official Rules”, Groupon, Inc., 600 West Chicago Avenue, Ste., 400, Chicago, IL 60654 prior to the end of the Entry Period. Please indicate which Contest winners list you are requesting by referencing the name of the Contest in your request. Vermont residents may omit return postage with Official Rules requests.
19. Identification of Sponsor. This Contest is sponsored by: Groupon, Inc., 600 West Chicago Avenue, Ste. 400, Chicago, IL 60654. 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 Contest.
20. Information Submitted. As a condition of entering the Contest, each entrant gives consent for Sponsor to obtain and deliver his or her name, address and other information to third parties for the purpose of administering this Contest and to comply with applicable laws, regulations and rules. Any information entrants provide to Sponsor may be used to communicate with entrant in relation to this Contest or on a Contest winners list.
//END OFFICIAL RULES//