OFFICIAL CONTEST RULES
THE WIX “START STUNNING” CONTEST
Important: Please read these rules before entering this Contest. By participating in this Contest, you agree to be bound by these Official Rules.
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 any social network (such as Facebook, Twitter or Instagram).
The “Start Stunning” 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 Sponsor, and its parent, 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 08:00 am EST on February 3, 2016, and ends at 8:00 am EST on February 8, 2016 (the “Entry Period”).
4. HOW TO ENTER
There are two ways to enter:
4.1. The terms of the Contest are detailed in the contest website located at (the “Promotion Website”).
4.2. To enter the Contest, you must (i) watch Wix’s Big Game commercial available at www.startstunning.com (“Wix Ad”); (ii) share the Wix Ad on your personal account with Twitter; (iii) post a public update on your personal account with Twitter stating which one, out of the five brands featured on the Wix Ad (the “Brands”), is your MVP, and why; (iv) include in your update the hashtag #StartStunning. A Twitter account is required to enter. You must have an open or public Twitter account to participate. Do not use the hashtag #StartStunning for unrelated updates, which may cause you to violate Twitter Rules. Entrants can use only one Twitter account to enter the Contest. Any entrant found to be using multiple Twitter accounts to enter may be disqualified. Entries that are removed, hidden or deleted from public viewing on Twitter prior to date of winner verification will be disqualified.
4.3. Upon successfully completing the steps set forth in (b) above and in accordance with these Official Rules, you shall be considered as submitting an entry into the Contest (“Entry” or “Entries”). LEGAL02/36102127v1 1Sponsor has no obligation to advise an entrant of an incomplete or otherwise non-compliant Entry. Proof of submitting an Entry will not be deemed to be proof of receipt by Sponsor.
4.4. Entries must comply with these Official Rules and the Promotion Website instructions ormay be disqualified from the Contest at Sponsor’s sole and absolute discretion. All Entries must be submitted and received by the Sponsor within the Entry Period. Multiple Entries in a single day, from the same Twitter account will not be accepted. An Entry is “received” when the Entry is completed by you on your personal Twitter account in accordance with the above instructions, and remains publicly viewable and accessible by Wix at least throughout the Entry Period. Entries will be deemed made by the authorized holder of the relevant Twitter 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. 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 be relevant to the Contest topic. Entries must not contain content that: (i) issexually explicit, unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group, profane or pornographic; (ii) 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 or other negative reference about other people or companies including Sponsor and the Brands; (v) infringes the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity; (vi) features or refers to any recognizable person, without such person’s informed consent and signed waiver and release thereto; and/or (vii) violates any law or any legal terms applicable to such Entry, including the terms of service of Twitter. Sponsor reserves the right to reject any Entry that does not meet any of the above criteria, in Sponsor’s sole and absolute discretion.
4.6. You are not required to “like” or follow Wix on any social network platform or to place anypurchase 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.
5. DETERMINING THE WINNERS
The Contest shall have up to ten (10) winners (the “Winners”), who will be selected by a panel of judges comprised of Wix employees, based on the creativity, humor and originality of the Entry, as determined by the panel at its sole discretion. Sponsor reserves the right to select less than ten potential Winners or 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
6. WINNER NOTIFICATION AND PRIZE CLAIMING
6.1. By 11:59:59 P.M EST on February 15, 2016, Sponsor will review all the eligibleEntries received within the Entry Period, select and announce the potential Winners to the public, including on Wix’s official social media accounts, and will notify the potential Winners via e-mail (where available) and/or: (i) if the potential Winner is a follower of Wix on Twitter, he/she will be contacted via Twitter Direct Message (DM) for verification. The required response to such DM must be received within 3 calendar days (including weekends and holidays) after the initial DM was sent; or (ii) If potential Winner is not a follower of Wix, he/she will be contacted by Wix via a Tweet with a request to follow Wix within 3 calendar days (including weekends and holidays) so he/she may be LEGAL02/36102127v1 2contacted via DM for verification, in which case section (i) above shall apply. The potential Winner will be required to comply with all further instructions provided by Wix within the timeframe specified. Non-compliance within any indicated time period may result in disqualification and an alternate potential Winner will be selected. Wix assumes no responsibility for undeliverable Tweets/DMs resulting from any form of active or passive filtering by Twitter or entrant’s account settings, or for insufficient space in user’s account to receive DMs. Return of any DM as undeliverable will result in disqualification and an alternate potential Winner may be selected.
6.2. Sponsor has complete discretion over interpretation of the Official Rules and administrationof the Contest. Decisions of the Sponsor as to the selection of a Winner will be final.
6.3. Each potential Winner may be required to submit an affidavit of eligibility / release ofliability / 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 may be disqualified at Sponsor’s sole discretion.
7. PRIZES AND VALUES
7.1. Sponsor may award up to ten (10) smartphones (“Prizes”) which will have an approximateretail value (“ARV”) of USD $6,490.
7.2. Sponsor reserves the right to pay the Winner the ARV of the Prize, or award an alternateprize (or gift certificate thereto) of comparable or greater value, at Sponsor’s full discretion.
7.3. Prizes are non-transferable, with no cash redemptions, equivalents or substitutions except atSponsor'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. A Winner will be solely responsible for all federal, state/provincial and/or local taxes, and for any other fees or costs associated with the Prize. ARV of the 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 may be issued in the name of a Winner for the actual value of the prize received. Unclaimed prizes will be forfeited.
8. PRIVACY AND CONTEST COMMUNICATIONS
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.
PUBLICITY RELEASE: By participating, you grant Sponsor and its shareholders and licensees (“Authorized Parties”) an unrestricted, irrevocable, perpetual, worldwide, sublicensable, non-exclusive, royalty-free license, to use, in any media now or hereafter known, your Entries, pictures, names, usernames, social networking ID, photograph, voice or other likenesses (if and to the extent provided or submitted by you, and/or otherwise made publically available via your Twitter profile used for the Entry) and any other statements, communications or comments made by you in connection to the Contest, including, without limitation: to reproduce, distribute, display and create derivative works of your Entries (or any part thereof), 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,
any Wix social media accounts or via any other media. You consent to Sponsor doing or omitting to do any act that may result in infringing or violating your moral rights in your Entries, and you hereby explicitly and irrevocably waive any moral right, artist right, privacy right, publicity right or any similar right you may have in any of the above any release the Authorized Parties from any claim you may have, now or in the future, with respect to such 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 you have 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.
9. INTELLECTUAL PROPERTY
The Contest Official Rules, the Promotion Website, and all related web pages, content and code are the property of the Sponsor or authorized 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.
By participating in the Contest, you agree to release Sponsor, its parent, subsidiaries, affiliates, agents, distributors, licensors, licensees, representatives, attorneys, prize providers, advertising and promotion agencies, Twitter, each of the Brands and DreamWorks Animation UK Limited, and each of their respective directors, officers, employees, agents, successors and assigns (“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. 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 Promotion Website users, 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,
province or territory of the United States or of Canada 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.”
11. YOUR REPRESENTATIONS, WARRANTIES AND INDEMNITY
You represent/warrant that you have read, understand and will follow these Official Rules. You further represent that you have the right to agree to these Official Rules. 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 or acceptance or use of any Prize.
12. 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 and/or any of the Media Platforms) 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.
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.
14. 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/provincial 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. ENTRANTS UNDERSTAND AND AGREE THAT PARTICIPATION IN THIS CONTEST IS AT ENTRANT’S OWN DISCRETION AND RISK. ENTRANTS UNDERSTAND THAT SPONSOR MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE RELIABILITY, TIMELINESS, AVAILABILITY AND/OR PERFORMANCE OF ANY ELEMENT OF THIS CONTEST OR THE PRIZE AWARDS. SPONSOR AND ITS RESPECTIVE PARENTS, SUBSIDIARIES, AFFILIATES, ADVERTISING AND PROMOTIONAL AGENCIES, AND ALL THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS DISCLAIM ANY LIABILITY FOR DAMAGE TO ANY COMPUTER SYSTEM OR LOSS OF DATA RESULTING FROM ACCESS TO OR THE DOWNLOAD OF INFORMATION OR MATERIALS CONNECTED WITH THE CONTEST.
Sponsor is not responsible for any changes or unavailability of any of the Media Platforms that may interfere with the Contest (including any limitations, restrictions, or conditions on Sponsor’s ability to use any of the Media Platforms for the Contest as set forth in these Official Rules that are not acceptable to Sponsor) or ability of entrants to timely enter, receive notices or communicate with Sponsor via the Media Platforms, in which case, Sponsor, in its sole discretion, may terminate or modify the Contest. Your use of a Media Platform is subject to terms and conditions set by such Media Platform.
15. 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.
16. NAME OF WINNER / OFFICIAL RULES REQUESTS
To receive the name of the Winners, 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). Requests must be received by Wix before February 22, 2016.
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 PLATFORM.
THIS IS A SKILL-BASED CONTEST.