Official Rules
PROMOTION TERMS AND OFFICIAL RULES
The following rules apply generally to all Gem 104 Promotions. However, since Gem 104 runs a wide variety of contests/sweepstakes, at times certain rules will not pertain or additional or different rules may apply. If those circumstances are not noted in these rules, then they will be announced in a separate set of written rules. Neither Facebook nor Twitter are sponsors of, or are responsible for conducting this promotion.
Name of Official Organizer(s):
Gem 104 (hereinafter referred to as ("Organizer").
Eligibility:
Contests (and sweepstakes) are open to all legal [Specify Territory] residents [18] years of age and older as of entry date. It is your responsibility to ensure that you are legally eligible to enter a Contest under any laws applicable to you in your jurisdiction of residence or otherwise. The Contest is void in any jurisdiction that prohibits such activities and where prohibited by applicable federal, state, provincial or local laws, rules or regulations. By participating in the Contest, you fully and unconditionally agree to and accept these Rules and the decisions of the Organizer, which are final and binding in all matters related to the Contest. Whether you receive a Prize is contingent upon fulfilling all requirements set forth in these Rules.
Any individuals (including but not limited to employees, consultants, independent contractors, and interns) who have, within the past six months, performed services for Organizer, any organizations responsible for sponsoring, fulfilling, administering, advertising or promoting the contest/sweepstakes or supplying the prize, and their respective parent, subsidiary, affiliated and successor companies, and immediate family and household members of such individuals, are not eligible to enter or play. "Immediate family members" shall mean parents, step-parents, children, step-children, siblings, step-siblings, or spouses. "Household members" shall mean people who share the same residence at least three months a year.
Contest Period:
The Contest opens on the date and time specified in the Contest Summary, and ends on the date and time specified in the Contest Summary (the "Contest Period"). All times specified are [Specify Time Zone]. The Organizer's computer is the official time-keeping device for the Contest. The Contest Summary may be found at [Organizer Website]
How to Enter:
NO PURCHASE NECESSARY.
A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
To enter the Contest, complete the registration form for a “Contest Platform” account (the "Registration Form") within the [Organizer] Facebook Page using your logged-in Facebook profile, your email address, and any required questions or actions (i.e. clicking “like”; submitting content) as specified by the Organizer, and then follow the directions for the Contest in the Contest Summary during the Contest Period. You must have a valid E-mail Address, and/or Facebook account where applicable in order to participate in the Contest. You must then provide an entry ("Entry") that fulfills the contest requirements ("Contest Requirements"), as specified in the Contest Summary, to be eligible to win a Prize. Entries that do not include all the required information and adhere to the Rules will be considered void. Neither the Organizer nor any one affiliated with the Organizer shall be responsible for lost, misdirected or incomplete Entries. The Organizer will determine if an Entry meets the Contest Requirements and otherwise complies with the Rules.
Terms of Submission:
You may enter the Contest as many times as is specified in the Contest Summary. By participating in the Contest you permit public voting (when applicable) in connection with your Entry.
Content Copyright and Licensing:
All media and related content uploaded to the Contest Platform are copyright of their owners. In other words, your photos and videos are owned by you. All other content is owned by the Organizer.
The Organizer does not claim ownership of content you submit or make available for inclusion on the service. By submitting content to the Contest Platform, you grant the Organizer a royalty-free, nonexclusive, worldwide, unrestricted license to use, copy, transmit, publicly display, and distribute such content, for the limited purposes of publishing and promoting the user's content in connection with the Contest Platform application. Such license shall apply with respect to any form, media, or technology now known or later developed.
Unacceptable Content:
1. Copyrighted Material: Transmission, storage or distribution of any information, data or material in violation of any applicable law or regulation is prohibited. This includes, but is not limited to: copyrighted material; trademarks; rights of publicity; trade secrets or other intellectual property rights used without proper authorization; material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. You represent and warrant that you own or otherwise control all of the rights to the media that you post; that you have agreed to comply, and have in fact complied, with the applicable Terms of Use in general; that you have received all proper permissions and/or releases relative to all media that you post; that use of the media you store in any public album does not violate these Terms of Use and will not cause injury to any person or entity; and that you will indemnify us for all claims resulting from media you supply. We have the right but not the obligation to monitor all activity and edit or remove any media that in our opinion may violate these conditions. You understand and agree that we take no responsibility and assume no liability for any media posted by you or by any third party. If you post photos, videos or other media, you agree that you own the rights to the media or have permission to post them, and that you are not violating the rights of any other person, including without limitation any photographer or producer.
2. Pornography: There is no storage and/or display of pornography or sex-related images of any kind. It is at our sole discretion what constitutes pornography. Accounts displaying or storing pornography will be deleted.
3. Commercial Use: The storage and/or display of photos and videos for commercial use are prohibited. This includes, but is not limited to photos and videos for auction or sales purposes (for example eBay, Craigslist, etc.).
4. Exploitation of Children: Material that exploits children is prohibited.
5. Physical Harm: Material that promotes physical harm or injury against any group or individual is prohibited.
6. Illegal Activities: Promotion or display of instructional information supporting illegal activities is prohibited. This includes, but is not limited to, instructions for the building or use of weapons, propagation of "spam" email and/or computer viruses, or any material that infringes the intellectual property rights of third parties.
Prizes:
The Organizer will provide the Prize(s) to be awarded for a particular Contest. Organizer will generally award one prize with an approximate retail value generally of [Specify Approximate Retail Value]. The values may change depending upon the promotion, contest or sweepstakes. No substitution of a Prize will be made unless the Organizer, in its sole discretion, determines otherwise. A Prize must be accepted as awarded, and the odds of winning are dependent upon the total number of eligible Entries received for the Contest Period. If, as a result of an error relating to the entry process, drawing or any other aspect of the Contest, there are more potential winners of Prizes than contemplated in these rules, there will be a random draw amongst all eligible Prize claimants after the Contest Closing Date (as set out in the Contest Summary) to award the correct number of Prizes.
Winning:
The winner(s) ("Winner(s)") of the Prize(s) will be selected, as specified in the Contest Summary, from all eligible Entries received. If you are selected as a Winner, you will be notified of the selection of your Entry by Facebook or the email address provided by you on the Registration Form. If you do not respond to the Facebook message or email notification of your selection as a Winner within seven days, an alternate Winner will be selected to receive the Prize. All decisions of the Organizer in selecting the Winner(s) are final and binding on all Entrants in all matters relating to the Contest. Entrants authorize the Organizer to use their name, voice, likeness, biographical data, city and state of residence and entry materials in programming or promotional material, in any media now known or hereafter created, worldwide in perpetuity, or on a winner's list, if applicable, without further compensation. Organizer is not obligated to use any of the above mentioned information or materials, but may do so and may edit such information or materials at Organizer's sole discretion, without further obligation or compensation. Winners are responsible for all taxes that may apply to winnings.
General Conditions:
The Organizer has the right to verify your eligibility and compliance with these Rules, and to disqualify you on the basis of its investigation. You should direct any request to access, update, or correct your personal information to the Organizer. You may not enter with multiple e-mail and/or street addresses, nor may you use any other device or artifice to submit more than one Entry or vote. If you use fraudulent Entry methods, or otherwise attempt to participate with multiple e-mail and/or street addresses under multiple identities, or use any device or artifice to enter more than one Entry, you will be disqualified. In the event of a dispute as to any Entry, the authorized account holder of the e-mail address used to enter will be deemed to be the person who made the Entry. For the purposes of these Rules, the authorized "account holder" is the natural person assigned a Facebook account or email address by an internet access provider, online service provider or other organization responsible for assigning e-mail addresses for the domain associated with the submitted address. Nothing contained in these Rules shall be construed to: (i) give any party the power to direct and control the day-to-day activities of the other; (ii) constitute the parties as partners, joint venturers, principal and agent, employer and employee, co-owners or entrants in a joint undertaking; or (iii) allow you to create or assume any obligation on behalf of the Organizer. By entering the Contest, you fully and unconditionally agree to and accept these Rules and the decisions of the Organizer and the members of the voting community, which are final and binding on all matters relating to this Contest. The Organizer reserves the right to cancel, modify or suspend the Contest at any time (subject to approval of any regulatory body having jurisdiction), if it is determined that the Contest cannot be run as originally planned or if fraud or any other occurrence comprises the fairness or integrity of the Contest.
Liability Provisions / Releases:
Neither the Organizer nor any of its affiliates is responsible for human error, theft, destruction, or damage to Entries or other factors beyond its reasonable control.
You assume all risk of damaged, lost, late, incomplete, invalid, incorrect or misdirected Entries. The Organizer makes no warranty, representation or guarantee, express or implied, in connection with its ability to in any way enable, develop or market the idea set forth in your Entry. The Organizer shall not be liable to a Winner or any other person for failure to supply the Prize or any part thereof, by reason of the Prize becoming for reasons beyond the reasonable control of the Organizer unavailable or impracticable to award, technical or equipment failure, terrorist acts, labor dispute, or act/omission of any kind (whether legal or illegal), transportation interruption, civil disturbance, or any other cause similar or dissimilar beyond the Organizer's control.
The Organizer and its employees, officers, directors, agents, contractors, representatives, affiliates, divisions, subsidiaries, resellers, dealers, distributors, advertising/promotion agencies (the "Released Parties") shall not assume any responsibility whatsoever for any of the following: delayed, failed, partial or garbled computer transmissions; technical failures of any kind, including, but not limited to lost, interrupted or unavailable network, server, internet, or other connections; the availability, accessibility, technical failure or miscommunications of computer, satellite, telephone or cable transmissions; the incorrect or inaccurate capture or failure to capture information whether caused by Site or Contest Site users, tampering, hacking, or by any equipment or programming associated with or utilized in the Contest; errors of any kind whether human, mechanical, electronic, network or otherwise arising out of or relating to the Contest; theft, loss, destruction or damage to an Entry in whole or in part; and other factors beyond their reasonable control. The Released Parties are not responsible for injury or damage to your or to any other person's computer related to or resulting from participating in the Contest or downloading materials from or use of the Site or any Contest Site.
ANY ATTEMPT BY YOU TO DAMAGE THE SITE OR ANY CONTEST PLATFORM OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF APPLICABLE CRIMINAL AND CIVIL LAW. SHOULD SUCH AN ATTEMPT BE MADE, THE ORGANIZER RESERVES THE RIGHT TO SEEK DAMAGES FROM YOU TO THE FULLEST EXTENT OF THE LAW AND TO DISQUALIFY YOU FROM THE CONTEST.
LIMITATIONS OF LIABILITY AND RELEASE: BY SUBMITTING AN ENTRY, YOU AGREE THAT THE RELEASED PARTIES WILL HAVE NO LIABILITY WHATSOEVER FOR, AND WILL BE RELEASED AND HELD HARMLESS BY YOU AND YOUR HEIRS, EXECUTORS, REPRESENTATIVES, SUCCESSORS AND ASSIGNS FOR ANY CLAIMS, LIABILITIES, OR CAUSES OF ACTION OF ANY KIND OR NATURE FOR ANY INJURY, LOSS OR DAMAGES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES TO PERSONS, INCLUDING, WITHOUT LIMITATION, DISABILITY OR DEATH, AND DAMAGE TO PROPERTY, DUE IN WHOLE OR IN PART, ARISING DIRECTLY OR INDIRECTLY, NOW OR IN THE FUTURE FROM THE DELIVERY, ACCEPTANCE, USE OR MISUSE OF THE PRIZE, ANY AND ALL USE AS PROVIDED HEREIN OF YOUR ENTRY, OR PARTICIPATION IN THIS CONTEST AND/OR ANY RELATED CONTEST. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE SITE AND ANY CONTEST SITE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, IN WHICH CASE SUCH LIMITATION OR EXCLUSION SHALL APPLY ONLY TO THE EXTENT PERMITTED BY THE LAW IN THE RELEVANT JURISDICTION.
Choice of Law:
These Rules shall be governed by and construed in accordance with the laws of [Specify State / Province / Country], as applicable herein, without reference to its conflicts of laws principles. Any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in this Contest, but in no event attorneys' fees. You hereby waive all rights to: (i) claim or be awarded any punitive, direct, indirect, incidental, and consequential damages and any other damages, other than for actual out-of-pocket expenses; and (ii) to have damages multiplied or otherwise increased.
Sponsor: [Specify Sponsor, if other than Organizer]