Does It Fit My Butt

Scavenger Hunt Contest Official Rules For DIFMB, LLC (“Sponsor”)

NO PURCHASE NECESSARY TO ENTER OR WIN A PRIZE.  A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.  THIS IS A CONTEST OF SKILL. VOID WHERE PROHIBITED.

ELIGIBILITY:

The Contest is open to individuals who meet the following criteria: (a) are eighteen (18) years of age or older and (b) are Users of the DIFMB app as of the date of entry.  This contest is open only to legal residents of the 50 United States or the District of Columbia (excluding Puerto Rico, Guam, American Samoa, United States territories, possessions, and protectorates, or foreign based United States military installations and wherever restricted or prohibited by law).  Employees of the Sponsor (DIFMB, LLC) and their respective partners, affiliates, subsidiaries, promotion and public relations agencies, directors, employees, and suppliers (collectively, the “Contest Entities”) are not eligible to participate in the contest.  Additionally, immediate family members of such employees and persons living in the same household as such employees (whether related or not) are not eligible to win.  For the purposes of the Contest, “immediate family members” is defined as spouse, domestic partner, mother, father, grandmother, grandfather, children, siblings and their spouses. By entering this contest, contestants agree to be bound by these official rules and the decisions of the Sponsor, which are final and binding in all respects and cannot be challenged or appealed.

The Contest is subject to all applicable federal, state, and local laws and regulations. Void where prohibited.

AGREEMENT TO RULES:

By participating, the Contestant (“You”) agree to be fully unconditionally bound by these Rules, and You represent and warrant that You meet the eligibility requirements. In addition, You agree to accept the decisions of the “Sponsor” as final and binding as it relates to the content of this Contest.

CONTEST PERIOD:

The entry period for the DIFMB, LLC “Casual Chic Commuter Comfort” Scavenger Hunt Contest (“Contest”), sponsored by DIFMB, LLC (Sponsor) begins Wednesday, April 26th, 2017 at 1:00 pm Eastern Standard Time (EST) and ends on Saturday, May 6th at 6:00 pm EST (the “Contest Period”). All federal, state, and local laws and regulations apply.

HOW TO ENTER:

If a contestant meets the eligibility criteria set forth, then the contestant must enter the contest by joining the “Casual Chic Commuter Comfort” scavenger hunt within the Scavenger Hunt portion of the DIFMB app.   By joining the scavenger hunt, the contestant acknowledges and accepts the DIFMB app Terms of Use and Privacy Policies.  There is no fee to participate.  All entries are subject to verification of eligibility and compliance with the Contest’s official rules herein in order to be eligible to win a prize.

Contestants that do not adhere to the rules or specifications may be disqualified at the sole discretion of the Sponsor. You may enter the Contest only once using the DIFMB app account created in your likeness. You may not enter more times than indicated by using multiple email addresses, identities, or devices in an attempt to circumvent the rules. If You use fraudulent methods or otherwise attempt to circumvent the rules, your submission may be removed from eligibility at the sole discretion of the Sponsor.

PRIZE:

One (1) prize will be awarded to the contest Winner.  The Winner of the “Contest” will receive a $100 (USD) to be awarded by gift card. The prize in will not be replaced if lost or stolen and is nontransferable.  The Winner is solely responsible for the report and payment of any and all federal, state, and local taxes as well as any other costs and expenses associated with acceptance and use of a prize not specified herein as being awarded.  Acceptance of prize constitutes permission for the Sponsor to use Winner’s name, likeness, and entry for purposes of advertising and trade without further compensation, unless prohibited by law.

Further:

(a) Any and all guarantees and warranties for prize is subject to the manufacturer’s terms and conditions, and winner agrees to look solely to such manufacturer for any such warranty or guarantee claim.

(b) Sponsor does not guarantee or make any representations or warranties regarding the quality, performance, features or capabilities/utility of the prizes offered to the winners under the contest and cannot be held responsible and liable in this connection.

(c) Prizes are non-transferable.

(d) Prizes offered on a no exchange, no refund basis.

(e) Prize recipients consent to DIFMB, LLC using his/her name and image in any promotional material.

ODDS:

The odds of winning depend on the number of eligible entries received.

WINNER SELECTION AND NOTIFICATION:

The scavenger hunt portion of the Contest will begin at the specified time (Saturday, May 6th, 2017 at 10:00 pm, EST) at which time all contestants will participate in the DIFMB app scavenger hunt according to the Terms and Conditions stipulated by the App.  In brief, when the scavenger hunt commences, randomly generated outfits (each with an assigned points value) will be displayed to all participants, creating an “Outfits to Find” list.  The Contestant will compete against other participants to find and upload garment details and photos to create outfits that match the items in the “Outfits to Find” list associated with the scavenger hunt. The first contestant to find all of the outfits listed within the allotted time (10:00 am to 6:00 pm EST on May 6th, 2017) wins. In the event that no contestant is able to find all of the outfits before time expires, the contestant with highest number of points found first in the allotted time will be deemed the winner.

The winner will be verified within 24 hours of the conclusion of the scavenger hunt by the DIFMB app administrators based upon the rules and regulations of the scavenger hunt and the Terms of Service that apply to the DIFMB app. DIFMB administrator’s decisions shall be final in all matters relating to this Contest, and no correspondences will be entertained. The verified winner will be provided with a “Winner Claim Code” that will appear in-app at the top of the “Casual Chic Commuter Comfort” scavenger hunt page in app.  The contestant should present the winner claim code to the Sponsor via email at winners@difmb.com within 72 hours to verify winner status. The winner of the prize is referenced hereafter as the Winner.

All prizes legitimately claimed will be awarded.  The Sponsor shall have no liability for Winner’s failure to claim prize within the verification period. If the winner does not present the “Winner Claim Code” and accept the prize within 72 hours following the date and time the prize is awarded, then that winner will be disqualified and an alternate winner will be selected based on the sole discretion of the sponsor.

Each Winner will be required to review and execute a release provided by the sponsor in order to receive the applicable prize. If the winner cannot be contacted, is ineligible, fails to claim the prize within three days from the time award notification is made, or fails to timely return a completed and executed declaration and release as required, the prize may be forfeited and an alternate winner selected at the sole discretion of the Sponsor.  The Sponsor is not responsible for and will not replace any lost or stolen claim codes or prizes.

Receipt by Winner of the prize offered in this Contest is conditioned upon compliance with any and all federal, state, and local laws and regulations. A contestant is not considered the winner of the prize unless and until sponsor has completed the verification of the contestant’s eligibility and compliance with these official rules. ANY VIOLATION OF THESE OFFICIAL RULES BY WINNER (AT SPONSOR‘S SOLE DISCRETION) WILL RESULT IN WINNER’S DISQUALIFICATION AS WINNER OF THE CAMPAIGN, AND ALL PRIVILEGES AS WINNER WILL BE IMMEDIATELY TERMINATED.

WINNER ANNOUNCEMENT:

The winner will be announced on the DIFMB Facebook page and website on or before May 15th, 2017.

PUBLICITY GRANT:

Except where prohibited by law or Sponsor’s privacy policy, the Winner shall be required to grant sponsor the perpetual and irrevocable right and license to use his/her handle, in-app avatar, and other information contained in the app profile on a worldwide basis, and in all other forms of media now known or hereafter invented or discovered (including, without limitation on the sponsor’s websites) in perpetuity without further compensation, notice, review, or approval. Further, Contestants agree that the Sponsor, anyone acting on behalf of the Sponsor, the Sponsor’s licensees, successors, and assigns, shall have the right, where permitted by law, to print, publish, broadcast, distribute, and use in any media now known or hereafter developed, in perpetuity and throughout the World, without limitation, your entry, name, portrait, picture, voice, likeness, image, statements about the Contest, and biographical information for news, publicity, information, trade, advertising, public relations, and promotional purposes without any further compensation, notice, review, or consent.

By participating in the Contest (and therefore the DIFMB app Scavenger Hunt) and by uploading User Generated Content (subject to the Terms and Conditions set forth by the DIFMB app), the Contestant represents and warrants to the Sponsor and the Sponsor Entities that this entrant has not copied, in whole or in part any other work and the content uploaded to the DIFMB app does not violate or infringe upon any copyright, trademark, patent, trade secret, privacy or publicity right, or other proprietary or intellectual property right of any person or entity; is not defamatory, libelous, obscene, or otherwise illegal, and is the sole and exclusive property of the entrant and is not subject to any third-party rights.  Submission of false or misleading information or inappropriate photos will be ground for disqualification from the scavenger hunt.

If the content of your entry is claimed to constitute infringement of any proprietary or intellectual proprietary rights of any third party, You shall, at your sole expense, defend or settle against such claims. You shall indemnify, defend, and hold harmless the Sponsor from and against any suit, proceeding, claims, liability, loss, damage, costs or expense, which the Sponsor may incur, suffer, or be required to pay arising out of such infringement or suspected infringement of any third party’s right.

GENERAL TERMS & CONDITIONS:

By entering or participating in the Contest, entrants agree to be bound by these Official Rules and by the decisions of Sponsor, which are final and binding in all respects.  The Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the contest should virus, bug, non-authorized human intervention, fraud, or other cause beyond Sponsor’s control corrupt or affect the administration, security, fairness, or proper conduct of the Contest. In such case, the Sponsor may select the Winner from all eligible entries received prior to and/or after (if appropriate) the action taken by the Sponsor.  The Sponsor reserves the right, in its sole discretion, to disqualify any individual who tampers or attempts to tamper with the entry process or the operation of the Contest or the DIFMB app or violates these Terms & Conditions. The Sponsor has the right, in its sole discretion, to maintain the integrity of the contest, to void Contestants, including, but not limited to: multiple entries from the same user from different IP addresses; multiple entries from the same computer in excess of that allowed by Contest rules; or the use of bots, macros, scripts, or other technical means for participating in the Scavenger Hunt Contest. ONLINE NOTICE: ANY ATTEMPT BY AN INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEB SITE OR APP OR UNDERMINE THE LEGITIMATE OPERATION OF THIS CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.

Nothing on the DIFMB.com website, or on any other app or DIFMB property, or relating to this Contest, shall be construed as conferring any license or other rights under the intellectual property or other proprietary rights of DIFMB, LLC or its related companies or any third party, whether by estoppel, implication or otherwise. The software and programming code and media relating to the DIFMB website and DIFMB app is protected by the applicable laws of copyright, trademark, patent, unfair competition and other proprietary laws.

The Sponsor reserves the right to change these terms and conditions without prior notice.

LIMITATION OF LIABILITY:

By entering, Contestants agree to release and hold harmless the Sponsor and its subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, officers, and directors from any liability, illness, injury, death, loss, litigation, claim, or damage that may occur, directly or indirectly, whether caused by negligence or not, from: (i) such entrant’s participation in the Contest and/or his/her acceptance, possession, use, or misuse of any prize or any portion thereof; (ii) technical failures of any kind, including but not limited to the malfunction of any computer, cable, network, hardware, or software, or other mechanical equipment; (iii) the unavailability or inaccessibility of any transmissions, telephone, or Internet service; (iv) unauthorized human intervention in any part of the entry process or the Promotion; (v) electronic or human error in the administration of the Promotion or the processing of entries.

RELEASE, HOLD HARMLESS AND INDEMNIFICATION:

By entering, all participants in the contest, participant’s heirs, executors, administrators, legal successors and/or assigns release and agree to defend, indemnify and hold harmless the sponsor and all contest entities from and against any and all claims, demands, losses and causes of action for any damages (including, without limitation, all consequential, punitive, and incidental damages), liability, loss, cost, fees (including attorneys’ fees), including, without limitation, damage to person (including death) or personal or real property, due in whole or in part, directly or indirectly, by reason of the acceptance, possession, redemption, misdirection, use or misuse of any prize or any portion of any prize (including any activity or travel related thereto) or participation in the contest and the activities or for any and all claims based on rights of publicity and rights of privacy whether any of these things are caused, in whole or in part, by the acts, omissions, negligence or misconduct of the sponsor and/or the contest entities.

DISPUTES AND GOVERNING LAW

THIS CONTEST IS GOVERNED BY THE LAWS OF THE UNITED STATES OF AMERICA AND GEORGIA WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. As a condition of participating in this Contest, participant agrees that any and all disputes that cannot be resolved between the parties, and causes of action arising out of or connected with this Contest, shall be resolved individually, without resort to any form of class action, exclusively before a court located Georgia having jurisdiction. Further, in any such dispute, under no circumstances shall participant be permitted to obtain awards for, and hereby waives all rights to, punitive, incidental, or consequential damages, including reasonable attorney’s fees, other than participant’s actual out-of-pocket expenses (i.e. costs associated with entering this Contest). Participant further waives all rights to have damages multiplied or increased.

PRIVACY POLICY

Information submitted as a participant in the Contest is subject to the Privacy Policy stated on the DIFMB.com website.

WINNERS LIST

To obtain a copy of the Winner’s handle or a copy of these Official Rules, email your request to legal@difmb.com.   Requests must be received no later than May 31st, 2017.

OFFICIAL RULES:

For a copy of these Official Rules, click here.

SPONSOR

The Sponsor of the Campaign is DIFMB, LLC, 3879 Gladney Drive, Atlanta, GA 30340

The Campaign hosted by DIFMB, LLC is in no way sponsored, endorsed, administered by, or associated with Facebook. You are providing your information to the sponsors listed below and not to Facebook.  Your name may be used on Facebook to announce that you have won.  Any questions, comment, or complaints regarding the promotion should be directed to the sponsors, not Facebook, and you agree to release Facebook form any liability in connection with this promotion.

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