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Color Labs Lens Giveaway Official Rules

The Color Labs Lens Giveaway (the "Giveaway") is subject to these Official Rules except as expressly stated otherwise. The Giveaway is sponsored by Color Labs, Inc., 201 Hamilton Avenue, Palo Alto, CA 94301 (the “Sponsor”).

  1. Eligibility: The Giveaway is open to legal residents of the United States who are at least eighteen (18) years old at the Giveaway start date and have an Internet connection, and who have a valid Facebook account, and a smart phone able to accept apps prior to the start of the Giveaway. Employees of Color Labs, Inc. and its affiliates, Giveaway supervisors and members of their immediate families, are not eligible to participate or win. The Giveaway is subject to all applicable federal, state and local laws, rules and regulations. Void where prohibited. Participant's computer must accept cookies or any similar device used by The Sponsor to track entries. See The Sponsor's Privacy Policy for more information about Cookies and privacy. The Giveaway is limited to the first fifty thousand (50,000) Qualified Participants received by Sponsor.
  2. Mandatory Facebook Disclosure: This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook. You are providing your information to Color Labs, Inc. and not to Facebook. The information you provide will only be used for administering this Giveaway and for marketing purposes in accordance with Sponsor's privacy policy.
  3. Giveaway Period: Giveaway begins at 12:00 a.m. Pacific Time (“PT”) on June 18, 2012 and ends at 11:59 p.m. PT on September 30, 2012 (the “Giveaway Period”), or until supply of prizes is exhausted. ALL QUALIFYING BROADCASTS MUST BE SUBMITTED DURING THE GIVEAWAY BROADCAST PERIOD. By participating, Participants agree to be bound by these Official Rules, which are binding and final on matters relating to this Giveaway.
  4. How to Enter the Giveaway: Online Broadcasts only. The Color App works only if you have a Facebook account. You may create a Facebook account by accessing Facebook at http://www.facebook.com and following the instructions to create an account for free. Information you provide to Facebook to open an account is subject to Facebook’s privacy policy, located at www.facebook.com/privacy. Once you have a Facebook account, to enter this Giveaway, please access the contest page. You will be required to Log In with Facebook and allow Color to access your information described in the box. No portion of this promotion will be on Facebook.

    (1) DOWNLOAD THE FREE COLOR APP and Host a Minimum of five (5) Broadcasts on different days during the Giveaway Period, download the Color App available at the iPhone App Store, the Android Market or by calling **COLOR (**26567). The Color App allows you to take videos that are automatically posted to your Facebook page. Your videos can be a fun, silly and creative as you like within the Broadcast Guidelines. Color allows you to conduct live video broadcasts from your phone that lasts up to 30 seconds.

    HOW TO BROADCAST: Host a minimum of five (5) live video broadcasts on different days. Qualifying broadcasts must be set to “Public” and that they are posted to Facebook. To host a live video broadcast

    • Tap the green camera button.
    • Tap the orange “Broadcast” button (This will notify your friends you are broadcasting). The camera becomes live and you are now broadcasting. Broadcasts are 60 seconds long.
    • Use the flash button to illuminate your dark videos. When you’ve finished broadcasting you can caption your broadcast.

    (2) COMPLETE THE REGISTRATION ON COLOR.COM. Upon hosting a minimum of five (5) broadcasts on different days, you will be notified and required to fill in the Giveaway entry form by providing all required information (including a valid mailing address where you will be contacted if you are a Qualifying Participant), and submit your entries according to the directions on the screen (“Qualifying Participant”).

  5. Broadcast Guidelines:
    • Please, do not use your video broadcast to launch personal attacks on anyone or any discernable product.
    • No broadcast may depict harmful or illegal activity or substance, or offensive subject matter as determined in Sponsor’s sole discretion.
    • No broadcast shall portray Color Labs, Inc. in a negative light.
    • Broadcasts must be appropriate for a broad audience since the winning Broadcast will be broadcast on the web.
    • Broadcasts should not feature any trademarks (including logos).
    • No Broadcast may depict any nudity, animal cruelty, harmful or illegal activity or substances, or offensive, obscene subject matter as determined in our sole discretion.
    • Broadcasts must be original works of authorship, created by the person who submits the entry. Participants may not copy or otherwise plagiarize the Broadcast from any source, nor may the video or photograph include third-party copyrighted material, artwork, or movie snippets, without the copyright holder’s permission. By entering, you warrant that your Broadcast does not infringe any third party’s rights, and that you have obtained any necessary permissions from all relevant third parties to submit the Broadcast. Any images used in the video Broadcast must be an original work of authorship under U.S. Copyright Law.
    • You may not be, nor may you use in your Broadcast parties who: 1) are represented under contract (e.g., by a talent agent or manager) that would limit or impair our ability to show the Broadcast in any media form; 2) have an acting or modeling contract that would make their appearance in the Broadcast a violation of any third party rights; 3) are under a merchandising agreement; or 4) are under any other contractual relationship, including but not limited to guild and/or union memberships, that may prohibit them from participating fully in this promotion, or from allowing us to use the Broadcast online and in television media.
    • Participant must hold all rights to the entire Broadcast. Participant must secure - and finalists will be required to submit – a written release from any actors and/or any other participant featured in the video and/or photograph to use their name and likeness under the terms and conditions of these Official Rules. Any actors or images contained in any Broadcast must be properly licensed, and evidence of such may be requested by Sponsor at any time during or after the Giveaway Broadcast Period. Participant agrees to indemnify Sponsor against any and all claims from any third party for any use by Sponsor of the Broadcasts.
    • Sponsor reserves the right to exclude any Broadcast that it believes, in its sole discretion, doesn't meet this criteria.
    In the event of a dispute as to the identity of a winner, the winner will be deemed to be the person in whose name the e-mail account governing the e-mail address was opened and not the name associated with the smartphone account. Sponsor is not responsible for late, incomplete, void, corrupted, garbled, misdirected, or otherwise unintelligible Entries and for any problems, bugs or malfunctions Participants may encounter when submitting their entry. Incomplete, garbled, corrupted or otherwise illegible entries are void and will not be accepted. Sponsor reserves the right to disqualify false entries or entries suspected of being false and to disqualify any Participant it finds to be tampering with the entry process or the operation of the Giveaway or violating these Official Rules.
  6. Prize: The first 50,000 Qualified Participants will receive a .67xWide Angle/Macro lens by Fusitu (model GZ-Fusitu). Average Retail Value of prize is $7.50.

    Qualifying Participants will receive the Prize by mail within approximately fourteen (14) days of the date on which the Sponsor receives the completed, signed Release from the Qualifying Participants (exact timing subject to change based upon availability of Prize). Prizes shall only be mailed in the United States.

    No substitution, transfer, or cash redemption of prize permitted, provided however that Sponsor reserves the right to substitute a prize with another prize of equal or greater value should the advertised prize become unavailable for any reason. Qualifying Participants cannot assign or transfer their prize to another person or business. Qualifying Participant, as defined below, is solely responsible for any and all federal, state, and local taxes on prize. All activities related to the prize are at the Qualifying Participant’s own risk and subject to whatever restrictions are imposed by the entities that govern such activities. If prize notification or any prize is returned as undeliverable, prize will be forfeited and an alternate Qualifying Participant may be selected. Sponsor will not make multiple attempts to contact Qualifying Participants.

    Limit (1) one entry per household. Multiple entries from the same household will be disqualified. The “authorized account holder” is defined as the natural person to whom the email address is assigned by an internet service provider, online service provider or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address.

  7. General Conditions: By participating, Participants agree to be fully and unconditionally bound by these Official Rules and the decisions of Sponsor and waive any right to claim ambiguity in the Giveaway or these Official Rules. Any portion of the Giveaway may be canceled, suspended and/or modified, in whole or in part, if in our opinion any fraud, technical failure or other factor beyond our control impairs the integrity or proper functioning of the Giveaway. In the event of cancellation, drawing will be held form among all of the entries received legitimately prior to cancellation. Sponsor reserves the right in its sole discretion to disqualify any individual who is found to be tampering with the entry process or the operation of the Giveaway or the Website, to be acting in violation of these Official Rules, or to be acting in an unsportsman-like or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Giveaway, or to annoy, abuse, threaten or harass any other person, and Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. You may not enter with multiple identities or use any automated system, bot or other device or artifice to enter or obtain more than the maximum number of qualified entries. Unclaimed Prizes will not be awarded. All federal, state or other tax liabilities (including income taxes) arising from this Giveaway will be the sole responsibility of Qualifying Participant. Participants may be issued an IRS Form 1099 for the ARV of any awarded prize. Caution: any attempt to deliberately damage or undermine the legitimate operation of the Giveaway may be in violation of criminal and civil laws and will result in disqualification from participation in the Giveaway. Should such an attempt be made, sponsor reserves the right to seek remedies and damages (including attorney fees) to the fullest extent of the law, including criminal prosecution.
  8. Limitations of Liability: If for any reason an entry is confirmed to have been erroneously deleted, lost or otherwise destroyed or corrupted, the Participant's sole remedy is another entry in the same Giveaway during the Giveaway Period. Qualifying Participant also agree to release, discharge, indemnify and hold harmless Sponsor, Facebook, and each of their respective officers, directors, employees, representatives and agents (collectively “Releasees”) from and against any claims, damages, disability, attorneys' fees, and costs of litigation and settlement, as well as any liability due to any injuries, damages or losses to any person (including death) or property of any kind resulting in whole or in part, directly or indirectly, from: (i) use, redemption, acceptance, possession, ownership, or misuse of any prize, (ii) participation in any activity, event, or excursion offered in connection with the prize, (iii) use of any facility, service and/or accommodation related to the prize, or (iv) participation in any Giveaway -related activity or participation in this Giveaway. The Releasees shall not be liable for: (i) late, lost, delayed, misdirected, incomplete unreadable, inaccurate, garbled or unintelligible entries, communications or affidavits, regardless of the method of transmission; (ii) telephone system, telephone or computer hardware, software or other technical malfunctions, lost connections, disconnections, delays or transmission errors; (iii) data corruption, theft, destruction, unauthorized access to or alteration of entry or other materials; (iv) any injuries, losses or damages of any kind caused by the prize or resulting from acceptance, possession or use of a prize, or from participation in the Giveaway; or (v) any printing, typographical, administrative or technological errors in any materials associated with the Giveaway. Without limiting the generality of the foregoing, Releasees are not responsible for computer malfunctions, network connections, email delivery problems, systems failure or incompatibility, typographical, technical or key-stroke errors, or interruptions in your internet service, and for incomplete, illegible, misdirected, misprinted, late, lost, damaged or stolen notifications. In the event Sponsor is prevented from continuing with the Giveaway as contemplated herein by any event beyond its control, including but not limited to fire, flood, earthquake, explosion, labor dispute or strike, act of God or public enemy, or any federal, state or local government law, order, or regulation, or other cause not reasonably within Sponsor’s control (each a "Force Majeure" event or occurrence), then subject to any governmental approval which may be required, Sponsor shall have the right to modify, suspend, or terminate the Giveaway. If the Giveaway is terminated before the designated end date, Sponsor will (if possible) select the winners from all eligible, non-suspect Broadcasts received as of the date of the event giving rise to the termination. The invalidity or unenforceability of any provision of these rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
  9. Disputes: Disputes regarding these Official Rules and/or this Giveaway will be governed by the internal laws of the State of California. Decisions of Sponsor are binding and final. In the event of a dispute as to any entry, the authorized account holder of the email address used to conduct a search will be deemed to be the Participant. No claimant in any dispute involving Sponsor shall be entitled to claim or obtain indirect, punitive, incidental or consequential damages. Sponsor’s failure to enforce any provision in these Official Rules shall not constitute a waiver of that provision.
  10. Giveaway Results: For Giveaway results and/or a copy of these Official Rules, send a hand-printed, self-addressed, stamped envelope to Color Labs Lens Giveaway c/o Color Labs, Inc., 201 Hamilton Avenue, Palo Alto, CA 94301. Requests must be received by December 31, 2012