Video Giveaway Terms & Conditions

NO PURCHASE IS NECESSARY.

This Giveaway is no way sponsored, endorsed or administered by, or associated with Facebook. You understand that you are providing your information to Totsy Inc. (“Totsy” or “Administrator”), and not to Facebook.  By fulfilling the entry rules, you are agreeing to participate in the contest as well as agreeing to become a Totsy member.

Official Rules

By following the rules hosted on the Totsy blog, you are eligible to win $250 in Totsy credits from Totsy. Participation constitutes your full and unconditional agreement to these Official Rules, which are final and binding in all matters related to the Giveaway

1)      Prize

One winner will win a $250 in Totsy credits provided by the Administrator.

2)      Entry

Visit the Totsy Facebook page located at www.facebook.com/totsyfan and click on the “Win $250” tab located on the page. Once participants have access, they must answer the question “What is your favorite item on Totsy right now and why” in a 20 second video. Full entry rules are located at (link)

All entries must be submitted by January 3, 2012 at 12:00 pm ET (the “Cut-Off Time”).

3)      Eligibility

Giveaway is open to all legal residents of the United States and District of Columbia who are 18 years of age or older as of the Cut-Off Time. The Giveaway is subject to all applicable federal, state and local laws and regulations. Participation constitutes entrant’s full and unconditional agreement to these Official Rules, which are final and binding in all matters related to the Giveaway.

LIMIT one entry per person, per email address, per Totsy member.

Multiple participants are not permitted to share the same email address. Any attempt by any participant to obtain more than the stated number of entries by using multiple/different email addresses, identities, registrations and logins, or any other methods will void that participant’s plays and that participant may be disqualified. Use of any automated system to participate is prohibited and will result in disqualification. Administrator is not responsible for lost, late, incomplete, invalid, unintelligible or misdirected registrations, which will be disqualified. In the event of a dispute as to any registration, the authorized account holder of the email address used to register will be deemed to be the registrant or player. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Potential winners may be required to show proof of being the authorized account holder. All entries become the sole and exclusive property of Administrator and will not be returned.

4)      Drawing

From all eligible entries, the participant who accumulates the most votes for their video entry will win $250 in Totsy credits. Totsy will pick a winner based on the highest amount of votes and will notify the winner directly on, or around, January 3rd, 2012.

The Administrator shall have no liability for any winner notification that is lost, intercepted or not received by a potential winner for any reason. If, despite reasonable efforts, a potential prize winner does not respond within five (5) days of the first notification attempt, or if the prize or prize notification is returned as unclaimed or undeliverable to such potential winner, such potential winner will forfeit his or her prize and an alternate winner may be selected. If any potential winner is found to be ineligible, or if he or she has not complied with these Official Rules or declines a prize for any reason prior to award, such potential winner will be disqualified and an alternate winner may be selected. Administrator may successively attempt to contact up to five (5) potential winners for the prize, and if there is still no confirmed winner of the prize in question after such attempts have been made, such prize may go unawarded.

5)      General Conditions

Administrator reserves the right to cancel and/or modify the Giveaway, or any part of it, if any fraud, technical failure or any other factor beyond Administrator’s reasonable control impairs the integrity or proper functioning of the Giveaway, as determined by Administrator in its sole discretion. Administrator reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Giveaway or to be acting in violation of these Official Rules in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Giveaway may be a violation of criminal and civil law, and, should such an attempt be made, Administrator reserves the right to seek damages from any such person to the fullest extent permitted by law. Administrator’s failure to enforce any term off these Official Rules shall not constitute a waiver of that provision.

6)      Limitations of Liability

The Released Parties (as this term is defined under Section 7) are not responsible for: (1) any incorrect or inaccurate information, whether cause by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Giveaway; (2) technical failure of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware of software; (3) unauthorized human intervention in any part of the entry process or the Giveaway; (4) technical or human error which may occur in the administration of the Giveaway or the processing of entries; or (5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Giveaway or receipt or use or misuse of any prize. If for any reason an entrant’s entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another entry in the Giveaway play, provided that if it is not possible to award another entry due to discontinuance of the Giveaway, or any part of it, for any reason, at its discretion, Totsy may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any or all of the prizes offered herein. No more than the stated number of prizes will be awarded.

7)      Entry Conditions and Release

By entering, each entrant/participant agrees to: (a) comply with and be bound by these Official Rules and the decisions of the Administrator which are binding and final in all matters relating to this Giveaway; (b) release and hold harmless the Administrator  and each of their respective parent, subsidiary, and affiliated companies, the prize suppliers and any other organizations responsible for sponsoring, fulfilling, administering, advertising or promoting the Giveaway, and all of their respective past and present officers, directors, employees, agents and representatives (the “Released Parties”) from and against any and all claims, expenses, and liability, including but not limited to negligence and damages of any kind to persons and property, including but not limited to invasion of privacy, defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright or other intellectual property rights, property damage, or death or personal injury arising out of or relating to a participant’s entry, creation of an entry or submission of an entry, participation in the Giveaway, acceptance or use or misuse of prize (including any travel or activity related thereto) and/or the broadcast, exploitation or use of entry, defend and hold harmless the Administrator from and against any and all claims, expenses, and liabilities arising out of or relating to an entrant’s participation in the Giveaway and/or the entrant’s acceptance, use or misuse of prize.

8)      Choice of Law and Jurisdiction

These Official Rules are governed by New York law, excluding its conflict of laws rules.  Any dispute arising out or in connection with the Giveaway, or these Official Rules, shall be brought exclusively before the Courts of the State of New York, in the county of New York.

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