Upgrade My Summer Giveaway

By: Robert Hebert
6.26.2014

Fans of Gay.com can enter to win hot summer fashion, premium upgrades to Gay.com, and more.

Head over to Facebook.com/gaycom and enter the giveaway starting June 30!

 

 

OFFICIAL RULES 

GAY.COM “UPGRADE YOUR SUMMER” GIVEAWAY

NO PURCHASE IS NECESSARY TO ENTER OR WIN.

A MEMBERSHIP OR OTHER PURCHASE WILL NOT IMPROVE YOUR CHANCE OF WINNING.

VOID WHERE PROHIBITED OR RESTRICTED BY LAW.

1. Entry Period. The Gay.com “Upgrade Your Summer” sweepstakes giveaway (the "Sweepstakes") begins June 30, 2014, at 12:01:00 AM EDT and ends on July 20, 2014, at 11:59:59 PM EDT (the “Entry Period”).

2.Eligibility. Open only to legal residents of the fifty (50) United States and the District of Columbia, and who are eighteen (18) years of age or older at the time of entry. Officers, directors and employees of Sweepstakes Entities (as defined below), members of these persons’ immediate families (spouses and/or parents, children, and siblings, and their spouses, regardless of where they reside), and/or persons living in the same households as these persons (whether or not related thereto) are not eligible to enter or win the Sweepstakes. As referenced herein, “Sweepstakes Entities” shall include Here Media Inc. and its subsidiaries and affiliates (“Sponsor”), advertisers, promotion agencies and prize suppliers involved in the Sweepstakes, and any other persons or entities involved in the development, administration, promotion or implementation of the Sweepstakes.

3.How to Enter. During the Entry Period, go to the webpage located at https://www.facebook.com/gaycom/app_1418210811744035 and provide your email address in the email field for the prize of your choice and then click on the corresponding “Enter to Win” to submit the entry (“Entry”). You must choose only one (1) of the six (6) prizes offered. Limit one (1) entry per person. If more than one (1) entry is received from a given person, all entries from such person shall be disqualified.

By entering the Sweepstakes, you grant permission (except where prohibited by law) to the Sweepstakes Entities to use your name, city, state, likeness, image and/or voice for purposes of advertising, promotion and publicity, in any and all media now or hereafter known, throughout the world and in perpetuity, without additional compensation, notification, permission or approval. Multiple participants are not permitted to share the same email address. In case of a dispute over the identity of an entrant, the authorized account holder of the email account used for the Entry will be deemed to be the entrant. “Authorized account holder” is defined as the person who is assigned to an email account by the applicable email provider. Entries generated by a script, macro, bot, or other automated means will be disqualified.  Entries that are incomplete, garbled, corrupted, or unintelligible for any reason, including, but not limited to, computer or network malfunction or congestion, are void and will not be accepted.

If you opt to enter the Sweepstakes via your wireless mobile device, standard text messaging and/or data rates may apply for each message sent or received from your handset according to the terms and conditions of your service agreement with your wireless carrier. Other charges may apply (such as normal airtime and carrier charges) and may appear on your mobile phone bill or be deducted from your prepaid account balance. Wireless carriers' rate plans may vary, and you should contact your wireless carrier for more information on messaging rate plans and charges relating to your participation in this Sweepstakes. Participation in this Sweepstakes by mobile device means that you understand that you may receive additional messages by mobile device relating to this Sweepstakes, including notifying you if you are a winner, which may be subject to charges pursuant to your carrier's rate plan.

4.Prize and Approximate Retail Value (“ARV”). Twenty-Four (24) winners (each a “Winner”) will be selected to receive one (1) of the following prizes (each a “Prize”) based on the prize category selected at the time of entry:

1.     Madmaus t-shirt, ARV: $80.00 (one available);

2.     Geoffrey Mac leggings APR: $80.00 (one available);

3.     Slick It Up swimsuit, APR: $84.00 (one available);

4.     Charlie by MZ swimsuit, APR: $120.00 (one available);

5.     OUT magazine one-year subscription, APR: $5.00 (ten available); or

6.     Gay.com one-year premium membership, APR: $45 (ten available).

The Prize is awarded “as is” and you hereby acknowledge that the Sponsor has neither made nor is in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to the Prize. If the Prize is a product or service of a third party (e.g. a retail gift card) it shall be subject to the terms and conditions (policies, redemptions, expiration dates), which shall be subject to change, that are established by the third party. The Winner will be required to provide name, address, phone number, age confirmation and other information in order to receive the Prize. Prize shipped to U.S. addresses only. Winner is solely responsible for all federal, state and local taxes on the Prize.

The Prize will be awarded only if the Winner fully complies with these Official Rules. No Prize transfer or cash redemption. No Prize substitution, in whole or in part, except by Sponsor due to Prize unavailability or any other reason as solely determined by Sponsor, in which case a prize of comparable or greater value will be awarded. By accepting the Prize, Winner agrees to hold the Sweepstakes Entities and their respective parent companies, subsidiaries, affiliates, partners, agents, successors, assigns, officers, directors, and employees harmless for any injury or damage caused or claimed to be caused by participation in the Sweepstakes or acceptance or use of the Prize.

5.Winner Selection and Notification. The odds of winning depend on the number of eligible Entries received by Sponsor during the Entry Period. Following the conclusion of the Entry Period, on or about July 21, 2014, Sponsor will randomly select one (1) eligible Entry as the Winner for each Prize. The Winner will be notified by email, and will have five (5) business days from the date the email is sent to respond to Sponsor and claim the Prize. If the email is undeliverable for any reason or the Winner does not timely respond, then an alternate Winner may be selected. It is the sole responsibility of the Winner to provide an accurate email address at the time of entry. Both prior to and after the Winner is selected, Sponsor reserves the right to conduct a background check on the Winner and reserves the right in its absolute and sole discretion to disqualify any person based on such background check if Sponsor determines in its absolute and sole discretion that awarding the Prize to such potential Winner might reflect negatively on Sponsor or any of the Sweepstakes Entities.If the Winner is not able to accept the Prize, an alternate Winner may be selected from among all eligible remaining Entries. The Winner may be required to complete, execute and return a separate Affidavit of Eligibility and/or Release within two (2) business days of their receipt. Failure to execute and return this Affidavit and/or Release by the deadline may result in disqualification and an alternate Winner may be selected from among all eligible remaining Entries.

6.Privacy / Publicity. The information you provide, including your email address, may be used to contact you in connection with the Sweepstakes as well as for general marketing and promotional purposes. By participating in the Sweepstakes, you consent to receive news, updates and/or promotional information from the Sponsor Entities and/or their related or affiliated entities and brands. Except where prohibited by law, acceptance of the Prize constitutes permission for Sponsor Entities, or their designated third party, to use the Winner’s name, image, likeness, photograph and, if applicable, entry submission (including an altered form) for advertising, publicity, and promotional purposes, in any and all media now or hereafter known, including, but not limited to, online announcements or sharing this information with the press for viewing, whether television or print, throughout the world in perpetuity, all without any additional compensation, notification, or permission.

7. Release of Liability. By entering the Sweepstakes, each entrant agrees for entrant and for entrant’s heirs, executors and administrators (a) to release and hold harmless Sweepstakes Entities and their respective officers, directors, and employees (collectively, “Released Parties”) from any liability, illness, injury, death, loss, litigation, or damage that may occur, directly or indirectly, whether caused by negligence or not, from such entrant’s participation in the Sweepstakes and/or his/her acceptance, possession, use, or misuse of the Prize or any portion thereof (including any travel related thereto); (b) to indemnify Released Parties from any and all liability resulting or arising from the Sweepstakes and to hereby acknowledge that Released Parties have neither made nor are in any manner responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to Prize, including express warranties provided exclusively by Prize supplier that are sent along with Prize; (c) if selected as a Winner, to the use by Released Parties of such entrant’s name, voice, image, and/or likeness for publicity, promotional and advertising purposes in any and all media now or hereafter known, throughout the world in perpetuity, without additional compensation, notification, permission, or approval, and, upon request, to the giving of consent, in writing, to such use; and (d) to be bound by these Official Rules and to waive any right to claim any ambiguity or error therein or in the Sweepstakes itself, and to be bound by all decisions of the Sponsors, which are binding and final. Failure to comply with these conditions may result in disqualification from the Sweepstakes at Sponsors’ sole discretion.

8. Sweepstakes Administration.The Sweepstakes is subject to all applicable federal, state, and local laws.All interpretations of these Official Rules and decisions by Sponsor are final. The Sponsor is not responsible for any printing, typographical, mechanical or other error in the printing of the offer, administration of the Sweepstakes, or in the announcement of the Prize.Sponsor is not responsible for electronic transmission errors resulting in omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to or alterations of entry materials, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions or limitations of any kind, or inaccurate transmissions of or failure to receive entry information by Sponsor on account of technical problems or traffic congestion on the Internet or at any Web site or any combination thereof. The Sponsor shall assume no liability resulting from losses, delays, mistaken addresses on mail or e-mail received, typographical errors, technical, computer or telephone malfunctions, loss or theft of computer or telephone data, damage to software or computer equipment, fraudulent calls or any other mistake. If for any reason the Sweepstakes is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Sweepstakes, Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Sweepstakes. Sponsor reserves the right to select a Winner from eligible Entries received as of the termination date. Sponsor reserves the right to disqualify any individual who tampers with the entry process. Sponsor may prohibit an entrant from participating in the Sweepstakes if it determines in its sole discretion that said entrant is attempting to undermine the legitimate operation of the Sweepstakes by cheating, hacking, deception or other unfair playing practices or intending to abuse, threaten or harass other entrants. The failure of Sponsor to comply with any provision of these Official Rules due to an act of God, hurricane, war, fire, riot, earthquake, terrorism, act of public enemies, actions of governmental authorities outside of the control of Sponsor (excepting compliance with applicable codes and regulations), or other “force majeure” event will not be considered a breach of these Official Rules. 

9.Disputes. By entering the Sweepstakes, you agree, except where prohibited, that: (1) any and all disputes, claims, and causes of action arising out of or connected with the Sweepstakes, or any prizes awarded, shall be resolved individually, without resort to any form of class action, and exclusively by state or federal courts situated in Los Angeles, California, and entrant hereby waives any and all objections to jurisdiction and venue in these courts and hereby submits to the jurisdiction of those courts; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, but in no event will attorneys’ fees be awarded or recoverable; (3) under no circumstances will entrant be permitted to obtain any award for, and entrant hereby knowingly and expressly waives all rights to seek, punitive, incidental, special, consequential and/or any similar damages, including without limitation lost profits, and further waives any and all rights to have damages multiplied or otherwise increased. The remedy for any claim shall be limited to actual damages, and in no event shall any party be entitled to recover punitive, exemplary, consequential, or incidental damages, including attorney’s fees or other such related costs of bringing a claim, or to rescind this agreement or seek injunctive or any other equitable relief. California State law, without reference to California’s choice of law rules, shall govern the Sweepstakes and all aspects related thereto.

10.Request Name of Winner. For the name(s) of the Winner(s), send a self-addressed stamped envelope by September 1, 2014, to: Here Media Inc., Gay.com “Be Your Own Valentine” Sweepstakes, 10990 Wilshire Blvd., 18th Floor, Los Angeles, CA 90024, Attention: Business and Legal Affairs.

11. Sponsor. The Sponsor of this Sweepstakes is Here Media Inc., 10990 Wilshire Blvd., 18th Floor, Los Angeles, CA 90024 (the “Sponsor”). Reference to third parties in connection with prizes and/or third party websites or services are for reference and identification purposes only and not intended to suggest endorsement, sponsorship or affiliation with Sponsor or the Sweepstakes.Any questions, comments or complaints regarding this Sweepstakes should be addressed to Sponsor.

This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with, Facebook. You understand that you are providing your information to Sponsor and not to Facebook. By participating in this Sweepstakes you agree to a complete release of Facebook from any claims.

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