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THE “OLD PHOTOS ARE HIDDEN TREASURES" WIX CONTEST

  • NO PURCHASE NECESSARY. A purchase will not increase your chance of winning. 

  • DISPUTES RESOLVED BY BINDING ARBITRATION WITH NO CLASS RELIEF.

  • THIS PROMOTION IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH FACEBOOK.

  • THIS IS A SKILL-BASED CONTEST.
     

Important: Please read these Official Rules before entering this Contest. By participating in this Contest, you agree to be bound by these Official Rules.

 

1. SPONSOR

The Contest is sponsored and held by Wix.com Ltd. (with its worldwide affiliated companies - “Wix”), having its principal offices at 40 HaNamal Street, Tel Aviv, Israel (“Sponsor”). This Contest is in no way sponsored, endorsed or administered by, or associated with Facebook.

 

 

2. ELIGIBILITY

The Wix “Old Photos Are Hidden Treasures” Contest (the “Contest”) is open only to (i) persons who are legal residents and are physically located and reside in a jurisdiction in which this type of contest is permitted, and (ii) who have reached the age of majority in their jurisdiction of residence at the time of entry. Employees of Wix, and any of their parent companies, affiliates, subsidiaries, advertising and promotion agencies, distributors and other prize suppliers, directors, officers, and each of their immediate family members and/or those living in the same household of each are not eligible to enter the Contest or win. Void where prohibited by law.

 

 

3. ENTRY PERIOD

The Contest begins on or about 00:03:00 A.M. EST on August 19, 2015, and ends on or about 11:59:59 P.M. EST on August 21, 2015 (the “Entry Period”).

 

 

4. HOW TO ENTER

4.1. The Contest will be posted on Wix’s official Facebook Page (the “Wix FB Page”) (the “Contest Post”

https://www.facebook.com/wix/photos/p.10153382400060429/10153382400060429/?type=1]). 

 

4.2. To enter the Contest for a chance to win a Prize (as defined in Section 7 below), each participant must post a comment to the Contest Post, containing the following: (i) a photo they took on their mobile phone; and (ii) the hashtags #InternationalPhotographyDay and #HiddenTreasures (“Entry Comment”). Upon successfully publishing a comment on the Contest Post in accordance with the foregoing requirements and these Official Rules, you will receive one (1) general entry into the Contest (“Entry” or “Entries”). Entries published not in accordance with any of the foregoing will be disqualified from participation in the Contest. Proof of submission is not proof of receipt.

 

4.3. Note: You are not required to “like” or follow the Wix FB Page or to place any purchase with Wix or pay any fee in order to participate in the Contest or be eligible for a Prize, and any such action, purchase or payment will not increase or improve your chances of winning.

 

4.4. Entries must comply with these Official Rules or be disqualified from the Contest at Sponsor’s sole and absolute discretion. All Entries must be received by the Sponsor within the Entry Period. An Entry is “received” when the Entry is posted by the participant on the FB Post in accordance with the above instructions, and remains publically viewable and accessible by Wix at least throughout the Entry Period. Entries will be deemed made by the authorized holder of the Facebook user account submitting the Entry, at the time of submission. In the event of a dispute, the potential winner may be required to provide proof that he or she is the authorized holder of the identified account. If a participant changes his/her contact information after such are provided to Sponsor, it is such participant’s sole responsibility to collect the Prize from the original address that he/she provided. Sponsor may run multiple campaigns, contests, sweepstakes or other promotions simultaneously. Entry into one (1) promotion does not constitute entry into any other.

 

4.5. Entries must not contain content that: (i) is sexually explicit, unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group, profane or pornographic; (ii) promotes alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing) or a particular political agenda; (iii) is obscene or offensive; (iv) defames, misrepresents or contains disparaging remarks about other people or companies; (v) contains trademarks, logos, designs or trade dress owned by others; (vi) violate the rights of any other person or entity by using their names or images, or featuring or referring to any recognizable person, without such person’s informed consent thereto; (vii) contains copyrighted materials owned by others (including photographs, sculptures, paintings, and other works of art or images published on or in websites, television, movies or other media); and/or (viii) violates any law or any legal terms applicable to such Entry, including the Facebook terms of service. Sponsor reserves the right to reject any Entry, in Sponsor’s sole and absolute discretion, that Sponsor determines does not meet the above criteria.

 

 

5. DETERMINING THE WINNERS

The Contest shall have one (1) winners (the “Winners”), who will be selected by a panel of judges comprised of Wix employees, based on the quality of the Entry as determined by the panel at its sole discretion. Among others, Entries shall be evaluated for creativity, humor and originality. Sponsor reserves the right to refrain from issuing any Prize if there are insufficient valid Entries that meet the criteria or comply with these Official Rules. Sponsor also reserves the right to award more Prizes, for instance, if there are ties. Maximum one (1) Prize per person.

 

 

6. WINNER NOTIFICATION AND PRIZE CLAIMING

By 11:59:59 P.M. EST on August 24, 2015, Sponsor will review all the eligible Entries received within the Entry Period, select and announce the Winner to the public, including on the Wix FB Page, and will notify the Winner via e-mail (where available) and/or by contacting each Winner through his/her Facebook profile (as applicable).

 

Sponsor has complete discretion over interpretation of the Official Rules and administration of the Contest. If any of the potential Winners fails to complete a valid Entry, the Entry will be disqualified. Decisions of the Sponsor as to the selection of a Winner will be final.

 

Each potential Winner may be required to submit an affidavit of eligibility / release of liability / prize acceptance agreement (the “Prize Acceptance Release”), and return same within the time period specified at notification before being eligible to receive his or her Prize. If any of the potential Winners fails to timely submit a Prize Acceptance Release, their Entry will be disqualified.

 

 

7. PRIZES AND VALUES

7.1. Sponsor will award up to one prize to each Winner, namely – a single unit of Fujifilm Instax Mini 8 + film, approximate retail value (“ARV”) of $99 (the “Prize”). The Prizes will have a total ARV of $297.

 

7.2. Sponsor reserves the right the award the Prize in the form of a gift certificate, pay the Winner the ARV of the Prize, or award an alternate prize (or gift certificate thereto) of comparable or greater value.

 

7.3. Prizes are non-transferable, with no additional 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, and are subject to change. All Prizes are awarded “AS IS” and without warranty of any kind, express or implied. Sponsor does not endorse any privacy policies or terms of service, licenses or warranties for any of the Prizes. Winners must look solely to the manufacturer or original issuer of a Prize for any warranty on a Prize. The Winner will be solely responsible for all federal, state and/or local taxes, and for any other fees or costs associated with the Prize(s). ARV of a Prize is based on available information provided to Sponsor and may be reported for tax purposes as required by law. A Winner may be required to provide Sponsor with a valid social security number or tax identification number before the Prize will be awarded for tax reporting purposes. An IRS Form 1099 or equivalent may be issued in the name of Winner for the actual value of the Prize received. Unclaimed Prizes will be forfeited. 

 

 

8. PRIVACY AND CONTEST COMMUNICATIONS

Personal information collected from participants during the Contest is subject to Wix’s Privacy Policy  available at http://www.wix.com/about/privacy and Terms of Use available at http://www.wix.com/about/terms-of-use. By entering this Contest, you understand that Sponsor, its third party vendors, and its advertising or promotion agencies may use your personal information (including e-mail address) for administration of the Contest, the fulfillment of Prizes, for marketing purposes and to provide you with information about Sponsor’s programs, products, services and special offers. You expressly consent to the use of your information by Sponsor and its advertising or promotion agencies for such purposes. 

 

 

9. ENTRY LICENSE AND PUBLICITY RELEASE

By participating, you grant Wix and its shareholders and licensees (“Authorized Parties”) an irrevocable, perpetual, worldwide, sublicensable, non-exclusive, royalty-free license, to reproduce, distribute, display and create derivative works of the Entry (or any part thereof) in connection with the Contest and promotion of the Contest, in any media now or hereafter known, including, without limitation: Display at a potential exhibition of Winners; publication of websites or social media posts featuring select Entries in the Contest; publication on www.wix.com, the Wix FB Page or via any other media. Participants consent to Sponsor doing or omitting to do any act that may result in infringing or violating the participant’s moral rights in their Entries, and hereby explicitly and irrevocably waive any claim they may have, now or in the future, with respect to such moral rights (if any). Display or publication of any Entry on an Authorized Party’s website or any social media post does not in itself indicate the participant is or will be selected as a Winner. Authorized Parties will not be required to pay any additional consideration or seek any additional approval in connection with such use. Additionally, by entering, each participant grants to Authorized Parties the unrestricted right to use all statements made in connection with the Contest, and pictures, names or likenesses of Contest participant (if and to the extent provided or submitted by participant, and/or otherwise made publically available via the participant’s Facebook profile used for the Entry), or choose not to do so, at their sole discretion with respect to the Contest. Authorized Parties will not be required to pay any additional consideration or seek any additional approval in connection with such use. Furthermore, you grant Sponsor and its Authorized Parties permission to use your name, username, social networking ID, photograph, voice, any other likeness (to the extent such was submitted by participant), Entry and any other communications or comments for publicity and/or marketing purposes, in any and all media, now known or hereafter devised, without payment to you, and you irrevocably waive any moral right, artist right, privacy right, publicity right or any similar right you may have in any of the above.

 

 

10. INTELLECTUAL PROPERTY

The Contest Official Rules, the Contest, Wix FB Page, Contest Post and all related web pages, logos, content and code are the property of Wix or certain third parties. The copying or use of any of those materials, associated trademarks or any other intellectual property without the express written consent of its owner is strictly prohibited.

 

 

11. RELEASE

By participating in the Contest, you agree to release Wix and any of its parent companies, subsidiaries, affiliates, agents, distributors, licensors, licensees, representatives, attorneys, Prize manufacturers and issuers, advertising and promotion agencies, and each of its directors, officers, employees, agents, successors and assigns, as well as Facebook, Inc. (collectively – the “Released Parties”) from any claims, liability, costs, losses, damages or injuries of any kind arising out of or related to your participation in the Contest, including with respect to any deletion or failure to store any Entries and other communications related to the Contest. You agree that the Released Parties: (A) have neither made nor will be responsible for any warranty, express or implied, in connection with the Contest (including Prizes); (B) and will not be responsible or liable for any injury that may be caused by the wrongful act of any other person or entity, including Contest participants, and by any cause whatsoever beyond the control of the Released Parties. You 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 are hereby expressly and forever waived. You 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.”

 

Upon Sponsor’s request, each participant must be prepared to provide (within seven (7) calendar days of receipt of Sponsor’s request) a signed release from all persons who appear, and/or owner of any property included, in the Entry submitted (if any), and/or from the owner of any material that appears in the Entry, authorizing Wix and its Authorized Parties to reproduce, distribute, display, and create derivative works of the Entry (or part thereof) in connection with the Contest and promotion of the Contest, in any media now or hereafter known. All releases must be in the form provided by Sponsor or satisfactory to Sponsor. Failure to provide such releases upon request may result in disqualification at any time during the Contest and selection of an alternate winner. 

 

 

12. YOUR REPRESENTATIONS, WARRANTIES AND INDEMNITY

You represent/warrant that you have read, understand and will follow the Official Rules. You further represent that you have the right to agree to these Official Rules. The Entry must not infringe the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity. If the Entry contains any material or elements that are not owned by the participant, and/or which are subject to the rights of third parties, the participant is responsible for obtaining, prior to submission of the Entry, any and all releases and consents necessary to permit the use and exhibition of the Entry by Sponsor in the manner set forth in these Official Rules, including, without limitation, name and likeness permissions from any person who appears in or is identifiable in the Entry. You agree to indemnify and hold the Released Parties harmless from any third party claims arising out of or related to your participation in the Contest.

 

 

13. SUSPENSION / MODIFICATION / TERMINATION

If Sponsor is prevented from continuing with the Contest by any event or cause beyond its control, e.g., events of nature, interference by humans, non-humans or entities unrelated to Sponsor (including but not limited to DDoS attacks, bot/script attacks, or heavy volume use that crashes or severely hinders access to the Contest, the Wix FB Page, Contest Post, and/or Facebook.com) and/or acts of government (each, a “Force Majeure” event or occurrence), Sponsor shall have the right to modify, suspend or terminate the Contest. Additionally, Sponsor shall have the right to suspend, modify or terminate the Contest for any reason at its sole discretion. If the Contest is terminated, the Sponsor, at its sole discretion, may select the potential Winner from all eligible Entries received prior to termination.

 

 

14. TAMPERING

Sponsor may disqualify any individual that attempts to tamper with or undermine the legitimate operation of the Contest, and reserves the right to seek damages (including attorneys’ fees) and other remedies from any such individual to the fullest extent permitted by law.

 

 

15. GOVERNING LAW / LIMITATION OF LIABILITY

All issues concerning the Contest and these Official Rules shall be governed by New York law, without giving effect to any choice of law or conflict of law rules that would cause the application of any other state’s laws.

 

BY ENTERING THE CONTEST, YOU AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY CLAIMS 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 YOU BE PERMITTED TO OBTAIN ANY AWARD FOR PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (3) YOU IRREVOCABLY WAIVE ANY RIGHT TO SEEK EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU. 

 

 

16. MANDATORY ARBITRATION / NO CLASS RELIEF

To the fullest extent permissible by law, with the exception of disputes pertaining to Sponsor’s intellectual property rights, ANY DISPUTE BETWEEN YOU AND SPONSOR RELATING TO THE CONTEST SHALL BE REFERRED TO AND FINALLY RESOLVED THROUGH BINDING ARBITRATION ADMINISTERED BY JAMS UNDER THE JAMS STREAMLINED ARBITRATION RULES AND PROCEDURES ON AN INDIVIDUAL BASIS WITH NO CLASS RELIEF. This clause shall be construed as a “written agreement to arbitrate” pursuant to the Federal Arbitration Act.

 

 

17. NAME OF WINNER / OFFICIAL RULES REQUESTS

To receive the name of the Winner(s), send a stamped self-addressed envelope to: “Contest Winners List”, Wix.com, Inc., 500 Terry Francois Blvd, 6th floor San Francisco, CA 94158 (Attn: Kasi Sheridan, Operations Manager). Please indicate which Contest Winners List you are requesting (i.e., the name of the Contest). 

 

 

18. MISCELLANEOUS

The invalidity of any provision of these Official Rules will not affect the validity of any other provision. In the event that any provision of the Official Rules is determined to be unenforceable, the other provisions will remain in effect and will be construed in accordance with their terms as if the invalid provision was not contained here. Sponsor’s failure to enforce any term of these Official Rules will not constitute a waiver. Sponsor and its parent, affiliate and subsidiary companies, agents, and representatives are not responsible for any typographical or other errors in the administration of the Contest, including, but not limited to, errors in any printing or posting of these Official Rules, the selection and announcement of any Winner, or the distribution of any Prize. You agree to waive any rights to claim ambiguity of these Official Rules. Headings are solely for convenience and will not be deemed to affect the meaning of this document. By entering the Contest, you accept and agree to comply with Wix’s Privacy Policy and Terms of Use, as well as any and all applicable federal, state and local laws, rules and regulations. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Contest-related materials, Privacy Policy or Terms of Use and/or the terms and conditions of the Official Rules, the Official Rules shall prevail, govern and control.

//End of Official Rules//

 

 

OFFICIAL RULES
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