Diamonds Direct USA Inc. Proposal Video Contest Rules, Terms and Conditions

    October 18, 2015

    NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING. THE FOLLOWING SKILL CONTEST IS INTENDED FOR VIEWING AND PARTICIPATION IN THE UNITED STATES (AND DISTRICT OF COLUMBIA) ONLY AND SHALL BE CONSTRUED AND EVALUATED ACCORDING TO ALL APPLICABLE FEDERAL, STATE AND LOCAL LAWS IN THE UNITED STATES. VOID IN PUERTO RICO AND WHERE PROHIBITED BY LAW.

     

    1. PRELIMINARY INFORMATION:

    No purchase necessary. Void where prohibited. Open to US Residents who are 18 years of age or older as of Oct. 18, 2015. Video Contest begins on Oct. 18, 2015 at 12:00 AM and ends on October 31, 2015 at 12:00 PM. All times in this contest refer to the Eastern time zone.

    2. HOW TO ENTER:

    To enter, find the contest entry at DiamondsDirect.com/contest OR on one of our Diamonds Direct Facebook Pages  located at https://www.facebook.com/diamondsdirectsouthpark, https://www.facebook.com/diamondsdirectbham, https://www.facebook.com/diamondsdirectcrabtree, https://www.facebook.com/diamondsdirectaustin, https://www.facebook.com/diamondsdirectrichmond (collectively, the “Site”) during the Contest Period and follow the instructions to submit a video. All entry information and Videos shall be referred to herein each as a “Submission” and collectively as the “Submissions.” By participating in the Contest, you fully and unconditionally agree to and accept these Official Rules (“Rules”) and the decisions of Sponsor, which are final and binding in all matters related to the Contest. Whether or not you receive a prize is contingent upon fulfilling all requirements set forth in these Rules (the “Contest Requirements”). Each participant can submit a video only once and only from one of Diamonds Direct Facebook pages. Multiple submissions from the same page or from the different Diamonds Direct Facebook pages will be disqualified.

     

    To submit a Submission Entrant must be a registered user of the YouTube site. To become a registered user of the YouTube site, Entrant must register for an account and agree to the YouTube site’s “Terms of Service” set forth at http://www.youtube.com/t/terms (“Terms of Service”). In order to be eligible, each Submission must satisfy the submission guidelines (“Submission Guidelines”) and Contest Requirements, as set forth herein. Submission(s) that do not include all the required information and adhere to the Rules, in the sole discretion of Sponsor, will be considered void. Sponsor may, in its sole discretion, remove, delete and/or disqualify any Submission and/or Entrant (as defined in these Rules) it deems inappropriate in accordance with the guidelines contained in the Submission Guidelines or any other applicable section of these Rules. Sponsor has no obligation to acknowledge voided Submission(s). Sponsor shall not be responsible for lost, misdirected or incomplete Submissions. Sponsor shall determine in its sole discretion if a Submission meets the Contest Requirements and otherwise complies with the Rules. Before uploading the Submission, you will be required to agree (a) that you have read or have had these Rules read to you and you are in agreement with these Rules, (b) that you have received permission for the use of the image/likeness of any and all identifiable persons who appear in your Submission, including from the parent or guardian of any minor, and (c) to log in to your YouTube account and Facebook account and grant the requested permissions. You may use a generic release form to confirm permissions from persons appearing in your Submission; however, if you are selected as a potential Finalist in the Contest, you may be required to obtain a release provided by Sponsor signed by each identifiable person, or the parent/guardian of the individual if a minor, appearing in your Submission confirming permission to use his or her image/likeness. All Submissions will undergo preliminary screening for compliance with these Rules before being published or judged; however, such review does not relieve Entrant from responsibility for compliance with these Rules.

    This Contest is in no way sponsored, endorsed or administered by, or associated with, Facebook or YouTube. By entering, you understand that you are providing your information to the Sponsor and its Administrator, and not to Facebook or YouTube. In the event that there is a conflict between these Rules and the YouTube or Facebook terms of service or other applicable YouTube or Facebook terms, these Rules shall govern.

     

    3. TERMS OF SUBMISSION:

    Limit one (1) Submissions per person/authorized YouTube account holder. Should multiple users of the same email account enter the Contest and a dispute thereafter arise regarding the identity of the Entrant, the authorized account holder of said e-mail account at the time of entry will be considered the Entrant. “Authorized account holder” is defined as the natural person who is assigned an e-mail address by an Internet access provider, on-line service provider or other organization which is responsible for assigning e-mail addresses or the domain associated with the submitted e-mail address. If any group elects to collaborate on a Submission, they are required to designate one (1) person as the agent of the group to enter the Contest, agree to these rules and accept the prize on behalf of the group. By participating in the Contest you permit public display of your entry materials and public voting in connection with your Submission. You may delete your Submission at any time before the Contest Period ends. Deleting your Submission will remove you from the Contest. Once submitted, Submissions will not be acknowledged or returned by Sponsor or Administrator. If the actual, alleged or publicized conduct of any Entrant is illegal, or if any Entrant has been convicted of a felony, or in Sponsor’s sole discretion is otherwise grossly offensive or violates generally accepted standards of behavior (including but not limited to illicit drug use or public intoxication) or otherwise leads the Sponsor to reasonably believe or conclude that the public association with the Entrant subjects Sponsor to ridicule, contempt, controversy, embarrassment or scandal, Sponsor, in its sole discretion, may disqualify Entrant and such Entrant’s Submission will no longer be eligible for this Contest. Entrant understands and agrees that Sponsor’s use in matters independently developed of material similar to or identical with the Submission or containing features or elements similar to or identical with those contained in the Submission will not obligate Sponsor to negotiate with Entrant, nor will it entitle Entrant to any compensation of any kind. Entrant agrees and acknowledges that nothing herein shall preclude Sponsor from using any material in or similar to the Submission without obligation to Entrant, including, but not limited to, if Sponsor has or has determined that it has an independent legal right to use such other material, including without limitation, because such features or elements were not new or novel, or were not originated by Entrant, or were or may hereafter be independently created by or submitted to Sponsor. Entrant acknowledges that other Entrants may have used ideas and/or concepts in their Submission that may be similar in idea or concept to what is included in Entrant’s Submission. Entrant understands and agrees that he/she shall not have any claim against any other Entrant or Sponsor arising out any such similarity or be entitled to any compensation because of any such similarity.

     

    4. SELECTION OF WINNER AND ELIGIBILITY:

    The winners will be selected by Diamonds Direct USA Inc. and will be notified by telephone or email. By entering the contest, entrants agree to waive any right to claim any ambiguity or error in these Official Rules, or the contest itself, and agree to be bound by these Official Rules and by all decisions of the judges and/or Sponsor, whose decisions are binding and final. Winner will be required to sign and return to Sponsor an affidavit of eligibility and liability and publicity release within 14 days of notification. The winner must notify the Sponsor of their requested dates for the prize, plus include names of traveling party member within 14 days of notification. If any prize notification is undeliverable, or in the event of non-compliance with any of these requirements, the prize will be forfeited, and an alternate winner will be selected from the remaining eligible entries. Employees and Independent Contracts working for Diamonds Direct USA Inc., A Way To Go Travel, and their respective advertising and promotion agencies and members of their immediate families (spouses, parents, children, and siblings and their spouses) are not eligible.

    5. RIGHTS GRANTED BY YOU:

    By entering this Contest and uploading your Submission, you agree that:

    • You irrevocably grant to Sponsor, its licensees, agents, successors and assigns, to the extent permissible by law, the unconditional and perpetual right and license to post, display, broadcast, publish, use, adapt, edit, translate, dub, and/or modify all or a part of your Submission, your name and address (city and state/province/territory), and the names, likenesses, photographs, voices, statements and images of all persons appearing in the Submission anywhere in the world, for future advertising, trade, promotion, publicity or any other purpose, in any manner and in any medium now known or hereafter devised, without compensation and without notice to you, and/or review or approval from you, without limitation;
    • you will not now nor in the future be paid or receive any other compensation for your Submission or for granting the Sponsor any of the rights and/or licenses set out in these Rules; and
    • any waiver of any obligation hereunder by Sponsor does not constitute a general waiver of any obligation to Entrants.

    All Submissions that are uploaded and made available for viewing by the general public will be deemed posted at the direction of Entrant within the meaning of the Digital Millenium Copyright Act and the Communications Decency Act. Your Representations and Warranties: By entering the Contest, you represent and warrant that:

    • Your Submission, in its entirety, is an original work by you, has not been published, released or distributed previously (in whole or in part), has not won any award, and you have not included third party content (such as writing, text, graphics, artwork, logos, photographs, likeness of any third party, musical recordings, clips of videos, television programs or motion pictures) in or in connection with your Submission without permission;
    • your Submission, the use thereof by Sponsor of any of the rights granted by you under these Rules, does not and will not infringe or violate any rights of any third party or entity, including, without limitation, patent, copyright, trademark, trade secret, defamation, privacy, publicity, false light, misappropriation, confidentiality, or any contractual or other rights;
    • you have all the rights, licenses, permissions and consents necessary to submit the Submission and to grant all of the rights that you have granted to Sponsor under these Rules; and
    • given you their written consent to submit the Submission without claims for payment of any kind; and
    • given you their written consent to submit the Submission without claims for payment of any kind; and
    • provided written permission to include their name, likenesses, image or pictures in or with your Submission (for a minor, you must have the written permission of their parent or legal guardian) and you acknowledge that you may be asked by Sponsor to provide proof of such permission writing to Sponsor.

     

    6. SUBMISSION GUIDELINES:

    Your Submission may not contain, as determined by the Sponsor, in its sole discretion, any content that:

    • Is sexually explicit or suggestive; violent or derogatory of any ethnic, racial, gender, religious, professional or age group; profane or pornographic; contains nudity or inappropriate dress of any kind, including wearing of swimwear or undergarments;
    • Promotes alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing); promotes any activities that may appear unsafe or dangerous;
    • Is obscene or offensive; endorses any form of hate or hate group;
    • Defames, misrepresents or contains disparaging remarks about the Sponsor, or its products or any other people, products, brands or companies;
    • Contains trademarks, logos or trade dress (such as distinctive packaging or phraseology) owned by any entity;
    • Advertises or promotes any brand or product of any kind;
    • Contains any personal identification, such as personal names, street or email addresses, or phone numbers;
    • Violates or encourages the violation of any law, rule or regulation;
    • Contains materials embodying the names, likenesses or other indicia identifying any person;
    • Promotes any particular political party, agenda or message; and/or
    • Communicates messages or images inconsistent with the positive image and/or goodwill to with which the Sponsor wishes to associate the Contest.

     

    Submissions must comply with the YouTube Terms of Service and YouTube Community Guidelines set forth at http://www.youtube.com/t/community_guidelines and all non-complying Submissions will be disqualified. Sponsor shall have the right to disqualify any Submissions that it deems to be obscene, vulgar, sexually explicit, lewd, derogatory, inappropriate, or otherwise not in good taste, as determined by Sponsor, in its sole discretion. Sponsor reserves the right, in its sole discretion, to remove or blur or to ask the applicable Entrant to remove or blur any non-material elements (e.g. small logos on clothing, artwork hanging in the background, music, etc.) rather than disqualify an otherwise compliant Submission. Sponsor reserves the right not to post a Submission for voting if it cannot, in Sponsor’s reasonable opinion, be altered in the manner described herein. If in Sponsor’s determination it is necessary to make minor, non-material adjustments to an otherwise compliant Submission in order to post or publish the Submission in a certain medium, Sponsor may, in its sole discretion, elect to do so, or may ask Entrant to do so. If Sponsor requests Entrant to make these adjustments and Entrant chooses not to make these adjustments, Submission is subject to disqualification, in Sponsor’s sole discretion.

     

    7. PRIZES:

    The video with the most votes will win one (1) Grand Prize, a 5 day, 4 night stay at an all-inclusive Couples® Resort Playa Mujerez, Mexico with airfare for 2 people on US Airways. Vacation must be completed by September 01, 2015. Vacation fulfillment is subject to hotel availability at the Couples® Resort Playa Mujerez, Mexico. Certain blackout dates and restrictions may apply. Vacation is for the winning person and their partner. Vacation and vacation components may not be sold, bartered, traded, transferred or rescheduled to dates other than as set forth above. Five (5) videos with the most votes, one (1) from each of the five (5) Diamonds Direct participating Facebook pages submissions will win a Secondary Prize of a pair of designer wedding bands by SimonG® jewelry. The wedding bands model numbers are LG116 for gentleman and MR1686 for ladies. All wedding bands metals are 14k Gold. Each pair of wedding bands will have to be special ordered upon receiving the winning person and the partner finger sizes. Special orders take a minimum of 6 weeks to deliver. Wedding bands may not be sold, bartered, traded or transferred. In case where the winning person would like to choose other style from SimonG® Wedding bands line, the winning person will receive a credit with the retail value of LG116 for gentleman and MR1686 for ladies for any other wedding bands from SimonG® wedding bands line. Certain restrictions may apply. Each eligible contest entry with proper information given (ie: Name, phone, email and/or address) will win a $100 gift certificate good for any 5 night or longer vacation package with A Way To Go Travel. Gift Certificate may not be sold, bartered, traded or transferred. Certain restrictions may apply.

    DISCLAIMER:

    Winner assumes all liability for any injury or damages caused or claimed to be caused by his or her participation in the sweepstakes and/or the acceptance and/or use of any prize, and release Diamonds Direct USA Inc. and A Way To Go Travel and SimonG Jewelery, their respective officers, directors, and employees, from any such liability. Sponsor(s) and its respective officers, directors, employees, subsidiaries and affiliates assume(s) no responsibility for any injury or damage to participants or to any other person’s computer relating to or resulting from entering or downloading materials or software in connection with this sweepstakes. Sponsor is not responsible for telecommunications, network, electronic, technical or computer failures of any kind, for inaccurate transcription of entry information, errors in any promotional or marketing materials, errors in these rules, for any human or electronic error, or for entries that are stolen, misdirected, garbled, delayed by computer transmissions, lost, late, damaged, or postage due. Entry constitutes permission (except where prohibited by law) to use winner’s name, city, state, likeness and/or voice for purposes of advertising, promotion and publicity without additional compensation. Entrants using electronic entry must be the registered subscriber of the email account from which the entry is made. Entries will be declared made by the authorized account holder of the e-mail address submitted at time of entry.

    SELECTION:

    Public Voting: Online voting begins at 12:00 a.m. EST on October 18th, 2015 and ends at 12:00pm EST on October 31st, 2015 (the “Voting Period”). Members of the public must have a Facebook account in order to vote. To place votes each day during the Voting Period, members of the public must go to https://www.facebook.com/diamondsdirectsouthpark, https://www.facebook.com/diamondsdirectbham, https://www.facebook.com/diamondsdirectcrabtree, https://www.facebook.com/diamondsdirectaustin, https://www.facebook.com/diamondsdirectrichmond (collectively, the “Site”). During each day, each voter may place one vote for as many Videos as he or she desires (for example, the voter may choose to vote for only one Video or for multiple Videos during; however, a voter may not place more than one (1) vote for any individual Video during any one (1) day). A “day” is defined as from 12:00:01 a.m. EST on one day to 11:59:59 p.m. EST that same day. Each voter is limited to one (1) vote per person/authorized email account holder, per Video, during the Voting Period. Use of personal social media accounts, blogs and websites to direct participants to voting site is permissible. Sponsor has the right, in its sole discretion, to maintain the integrity of the Contest, including the right to void votes, including, but not limited to, the following reasons:

    • Multiple votes for a Video from the same user from different IP addresses or from different email addresses during the same day; fraudulent entry votes (using a redirect link, a disguised link, a fraudulent link, etc.);
    • Technical malfunction of servers or internet connection;
    • User(s) recanting their own votes;
    • Technical or content upgrades that render votes incompatible or inconsistent;
    • Inappropriate conduct in promoting votes (spam, harassment, etc.);
    • The purchase or exchange of votes domestically or overseas;
    • Payment or other forms of compensation offered in exchange for votes; and
    • Use of third-party websites, online social networking tools, robotic, macro, automatic, programmed or similar devices primarily designed or intended to generate or trade votes.

     

    Final Judging: Videos with twenty five (25) or more votes, properly submitted during the Contest Period pursuant to these Rules will be included in the final judging stage. During the Final Judging stage Diamonds Direct USA Inc. will verify that the winning videos are eligible and will announce the winners.

    ADDITIONAL RULES:

    This contest is sponsored by Diamonds Direct USA Inc. Failure to comply with these rules may result in disqualification from this contest. Sponsor reserves the right to withdraw the transmission of this contest or permanently disqualify from any promotion any person it believes has intentionally violated these rules.

    WINNER ANNOUNCEMENT:

    Diamonds Direct USA Inc. will announce the grand and secondary winners within one week of the end of the contest via all of Diamonds Direct Facebook pages. Winners will be contacted directly via email to receive the prizes and for further instructions.