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Baidu Facemoji iPad Giveaway Rules

OFFICIAL RULES

NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.

OPEN TO ELIGIBLE LEGAL RESIDENTS OF THE [50 UNITED STATES], DISTRICT OF COLUMBIA, AND CANADA WHO, AS OF THE TIME OF ENTRY, ARE AT LEAST 18 YEARS OLD.

VOID IN PUERTO RICO AND ALL JURISDICTIONS OTHER THAN THOSE STATED ABOVE AND WHERE PROHIBITED OR RESTRICTED BY LAW.

  1. Eligibility

The [Baidu Facemoji iPad Giveaway] (the “Giveaway”) is open only to individuals who are eighteen (18) years of age or older at the time of entry and are legal residents of the [50 United States], the District of Columbia, or Canada. Void in Puerto Rico and where prohibited or restricted by law. The following individuals are not eligible to enter or win a prize: employees, contractors, representatives, agents, directors, and officers of Mediakix LLC (“Sponsor”), [Baidu, Inc.] (“Baidu”), [Nicole Skyes] (“Administrator”), their respective parent, subsidiary, or affiliated companies, marketing agencies, and any other parties involved in the administration of the Giveaway (“Giveaway Parties”) and each of the immediate family members of such excluded individuals (i.e., spouses, parents, children, siblings and the “steps” of each) and all persons living in the same household of each. By participating in this Giveaway, entrants agree to be bound by these official rules (“Official Rules”) and by the decisions of the Sponsor and Administrator in all matters relating to the Giveaway.

Any questions, comments or complaints regarding this Giveaway should be directed to Administrator and not to Sponsor, Facebook, Twitter, or Baidu.

  1. Giveaway Period

The entry period for the Giveaway commences on [Thursday August 11, 2016 at 12:00:00 PM PT] and ends on [Monday, August 22, 2016 at 11:59:59 PM ET] (“Entry Period”). Sponsor’s computer is the official time keeping device for the Giveaway.

  1. How to Enter

NO PURCHASE NECESSARY AND NO ENTRY FEE, PAYMENT OR PROOF OF PURCHASE IS NECESSARY TO PARTICIPATE.

Step 1: During the Entry Period, visit https://www.youtube.com/watch?v=KVLPR0u9_yY and click the link to download the Facemoji app for mobile phones.

Step 2: Download the Facemoji app for free onto your mobile device.

Step 3: In the Facemoji app, take a selfie photo of yourself and set as your personalized keyboard skin

Step 4: Take a screenshot of your personalized keyboard skin on your phone

Step 5: Upload the screenshot of your personalized keyboard skin to Instagram with the hashtag #SelfieKeyboard and the tags @NicoleSkyes and @FacemojiKeyboard

You will obtain one (1) entry for completing all 5 steps listed above.  You can obtain a maximum of one (1) entry for this Giveaway.

Submissions must not: contain content that violates or infringes another’s rights, including, but not limited to, privacy, publicity or intellectual property rights; disparage Sponsor, Administrator, Baidu or any other person or party affiliated with the promotion and administration of this Giveaway; contain personally identifiable information in any public post; contain material that is inappropriate, indecent, lewd, pornographic, obscene, hateful, tortious, defamatory, slanderous or libelous, as determined by Sponsor in its sole discretion; or contain material that is unlawful in any jurisdiction where entry is created.

Compliance with the entry requirements will be determined by Administrator in its sole discretion.  Submissions that violate, as determined by the Administrator, in its sole discretion, these entry requirements or do not meet the submission deadlines will be disqualified from the Giveaway.

The entrant must be the rightful owner of the e-mail address and Instagram account used to upload a photo to Instagram and enter the giveaway. In the event of a dispute as to the identity of a winner, the winner will be deemed to be the natural person in whose name the applicable e-mail account is registered to the randomly selected Instagram account. The “authorized account holder” is defined as the natural person to whom the e-mail 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 e-mail addresses for the domain associated with the submitted e-mail address. In the event of a discrepancy between the identity of the authorized account holder, the “winner,” and the entrant, Administrator reserves the right, in its sole discretion, to determine whether the entry is valid or to declare the entry invalid and select an alternate winner.

NOTE: If an entrant participates from his or her wireless phone, the entrant’s wireless service provider may charge the entrant for each text message sent and received. Entrants should consult their wireless service provider regarding its pricing plans. Message and data rates may apply.

This Giveaway is in no way sponsored, endorsed or administered by, or associated with Instagram, Facebook or Twitter. You understand that you are providing your information to Sponsor, Administrator, and Baidu and not to Facebook or Twitter. You agree to release Instagram, Facebook and Twitter from all claims arising out of, or in connection with, this Giveaway.

  1. Winner Selection and Notification

On or about [DATE], one (1) winner will be randomly selected from all eligible entries received during the Entry Period. Administrator will notify the winner by [DATE] by private direct message sent to the Instagram account which winner submitted to enter the giveaway.

  1. Prizes and Prize Claim

Two (2) winners will each win an iPad mini. The approximate retail value of the iPad mini is $399.00+.

This prize carries no warranty other than that offered by the manufacturer. Sponsor and Administrator have neither made nor are responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to the prize, including but not limited to its quality, mechanical conditions, or fitness for a particular purpose. Winner agrees to look solely to the manufacturer for any such warranty, representation, or guarantee.

Unless otherwise expressly provided in the official rules of a promotion, each individual may only win one (1) iPad mini from any giveaway, contest, or other promotion run by Sponsor, regardless of Administrator.  If an individual wins more than one such promotion, such individual forfeits the duplicate prize in its entirety and an alternate winner will be announced from the other eligible entries received during the applicable entry period in accordance with the official rules of such promotion.

Odds of winning depend on number of entries received. Winner is subject to verification, including verification of age and residency.  Limit one (1) prize per winner.  The prize is non-transferable and no prize substitution is permitted, except at the sole discretion of the Sponsor. If the prize cannot be awarded for any reason, Sponsor reserves the right in its sole discretion to substitute a prize with one of comparable or greater value. The winner is solely responsible for all federal, state, local, or other applicable taxes associated with the acceptance and use of the prize.  All costs and expenses associated with prize acceptance and use not specifically provided herein are the responsibility of the winner.

As a condition of receiving a prize, the winner must sign and return any documents requested by Sponsor or Administrator, including but not limited to, an affidavit of eligibility and publicity/liability release. Failure to sign and return any requested documents by the specified return date will result in disqualification of the winner and the forfeiture of all interest in the prize. The winner will be issued an  IRS Form 1099 in the amount of the actual retail value of the prize and must provide Sponsor or Administrator with his/her valid Social Security Number or Taxpayer ID for tax reporting purposes.

Within one (1) week of receipt of notification regarding prize winning, the winner must provide a valid mailing address to Administrator, which Administrator will share with Sponsor and Baidu in order for Baidu to mail the prize to the winner. Winner may not change the selection of the iPad mini size or color after Baidu has shipped the product.  Baidu will pay for the cost of mailing the prize to the winner. The method of shipping and the carrier will be determined in the sole discretion of Baidu.  If the winner (i) is determined to be ineligible, (ii) fails to respond to the initial verification message within one (1) week of notification or after three (3) attempts (whichever occurs first), (iii) fails to provide a valid mailing address within one (1) week of receipt of notification regarding prize winning, or (iv) fails to sign and return all requested documents by the specified return date, the winner forfeits the prize in its entirety and an alternate winner will be announced based upon a random drawing of the other eligible entries received during the Entry Period. 

  1. Publicity

Except where prohibited by law, each winner’s acceptance of the prize constitutes permission for Sponsor, Administrator, Baidu, and their respective agents a worldwide, royalty-free, non-exclusive and sub-licensable right and license to use, distribute, and publicly display the winner’s name and likeness in any way, at any time, in any and all media, including for use in advertising and marketing, without limitation, without any additional approval or consideration.

  1. Limitation of Liability and Release

By participating in the Giveaway or accepting a prize, entrants agree that Sponsor, Baidu, Administrator, and the Giveaway Parties (collectively, “Released Parties”) are not responsible for lost, late, misdirected, damaged, stolen, altered, garbled, incorrect, incomplete or delayed entries all of which will be void. Released Parties are also not responsible for problems related to unauthorized human intervention or for technical malfunctions of electronic equipment, computer online systems, servers, or providers, computer hardware or software failures, phone lines, traffic congestion on the internet or any website, or for any other technical problems including telecommunication, miscommunication or failure, and failed, lost, delayed, incomplete, garbled, or misdirected communications, which may prevent the receipt of an entry or otherwise limit an entrant’s ability to participate in this Giveaway. Released Parties are not responsible for any other errors or malfunctions of any kind, whether network, printing, typographical, human or otherwise relating to or in connection with the Giveaway, including, without limitation, errors or malfunctions which may occur in connection with the administration of the Giveaway, the processing of entries, the announcement of the prize or in any Giveaway-related materials. As a condition of entering, entrants agree (and agree to confirm in writing if requested by Sponsor) that to the fullest extent permitted by applicable law: (a) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, punitive, incidental, indirect, special, exemplary, or consequential damages and (b) that any and all claims, judgments, and award shall be limited to actual out-of-pocket costs incurred, excluding attorneys’ fees and court costs.

  1. LEGAL WARNING: ANY ATTEMPT BY AN INDIVIDUAL, WHETHER OR NOT A PARTICIPANT, TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THIS GIVEAWAY IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND DILIGENTLY PURSUE ALL REMEDIES AGAINST ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
  1. Sponsor’s Reservation of Rights

If the Giveaway is not capable of running as planned for any reason, including without limitation, due to a force majeure event or 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 the Giveaway, Sponsor reserves the right, at its sole discretion, to disqualify any individual who is responsible or who tampers with the entry process or otherwise acts in violation of these Official Rules, and to cancel, modify, or terminate the Giveaway. In the event of cancellation, Sponsor reserves the right to award the prizes in its discretion based on all eligible, non-suspect entries received prior to cancellation. In the event that an entry is confirmed to have been erroneously deleted, lost or destroyed, entrant’s sole remedy shall be another entry into the Giveaway.

  1. Governing Law and Jurisdiction

All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, your rights and obligations, or the rights and obligations of the Sponsor in connection with the Giveaway, shall be governed by, and construed in accordance with, the laws of State of California, without giving effect to any choice of law or conflict of law rules. By entering, you consent to the jurisdiction and venue of the state and local courts located in Los Angeles County, California and the federal courts located in the Central District of California for the resolution of all disputes, and agree that any and all disputes shall be resolved exclusively in those courts. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that or any other provision. If any provision of these Official Rules is held to be invalid or unenforceable, such provision shall be struck, and the remaining provisions shall be enforced.

  1. Privacy

Any personally identifiable information collected during an entrant’s participation in the Giveaway will be collected by Sponsor, Administrator, or their designee and used by Sponsor and Administrator for the proper administration and fulfillment of the Giveaway and as otherwise described in these Official Rules.

  1. Winner’s List

For the name of the winner, send an email to [inquiry@mediakix.com]. Requests must be received no later than sixty (60) days after the end of the Entry Period.

  1. Sponsor

Mediakix, LLC, 137 Bay St., Unit 3, Santa Monica, CA 90405.

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