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2018 Cost Per Visit Contest

OFFICIAL RULES

NO PURCHASE NECESSARY TO ENTER OR CLAIM A PRIZE. A PURCHASE OR PAYMENT WILL NOT INCREASE AN ENTRANT’S CHANCES OF WINNING.

OPEN ONLY TO LEGAL RESIDENTS OF THE 50 UNITED STATES AND THE DISTRICT OF COLUMBIA WHO ARE AT LEAST 18 YEARS OLD AT THE TIME OF ENTRY.

The xAd Cost Per Visit Contest (“Contest”) is sponsored by xAd, Inc., One World Trade Center, New York, NY 10007 (“Sponsor”).

  1. CONTEST PERIOD: The Contest begins on July 30, 2018, at 12:01 A.M. Eastern Time (“ET”) and ends on August 6, 2018 at 11:59:59 P.M. ET (“Contest Period”). The Sponsor’s computer is the official timekeeping device for the Contest.
  2. ELIGIBILITY: This Contest is offered only to legal residents of the 50 United States and the District of Columbia who are at least 18 years old at the time of entry. Employees, directors, officers, consultants, contractors, and representatives of Sponsor, and its parent companies, subsidiaries, affiliates, agents, marketing agencies, and any other parties involved in the administration of the Contest (“Contest Entities”) and each of their respective immediate family members (i.e., spouses, parents, children, siblings and the “steps” of each) and all persons living in the same household of each, are not eligible to participate in the Contest. Void where prohibited or restricted by law. By participating in this Contest, entrants agree to be bound by these official rules (“Official Rules”) and the decisions of the Sponsor in all matters pertaining to the Contest.
  3. HOW TO ENTER: During the Contest Period, you can enter through Twitter or Instagram by completing the following steps:
  4. Open the box sent by Sponsor in connection with the contest.
  5. If you find green colored kinetic sand inside your box, you are eligible for a chance to win one of the 10 grand prizes.
  6. If you do not find green colored kinetic sand inside your box, you are not eligible for a chance to win one of the 10 grand prizes
  7. All eligible contestants can enter for a chance to win one of the 10 grand prizes by one of the following two ways:

 

  1. Twitter:
    1. Step 1: Take a picture of yourself with your green kinetic sand.
    2. Step 2: Log on to your non-private Twitter account (or create an account at www.twitter.com if you do not already have one).
  • Step 3: Post your picture with your green kinetic sand, share what location you would most like to escape to when you want to relax, include #GTstressless and geotag your company name and city location to receive one entry into the grand prize drawing.
  1. Instagram:
    1. Step 1: Take a picture of yourself with your green kinetic sand.
    2. Step 2: Log on to your non-private Instagram account (or create an account at www.instagram.com if you do not already have one).
  • Step 3: Post your picture with your green kinetic sand, share what location you would most like to escape to when you want to relax, include #GTstressless and geotag your company name and city location to receive one entry into the grand prize drawing.

Use of Twitter and Instagram will be subject to that service provider’s privacy policy and terms of use. Entrants agree to release Twitter and Instagram from any and all liability associated with this Contest or receipt or use of any prizes. An entrant is limited to receiving one entry during the Contest Period.

NOTE: Entries from users with “protected” accounts (i.e., entrant has set his or her account so that only people the entrant has approved can view his or her posts) may not be received. 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.

  1. ENTRY GUIDELINES AND RESTRICTIONS: Each entry:
  • Must follow the instructions and comply with these Official Rules;
  • Must comply with the Twitter or Instagram Terms of Service, as applicable;
  • Must not contain content that violates or infringes another’s rights, including, but not limited to, privacy, publicity or intellectual property rights;
  • Must not disparage Sponsor or any other person or party affiliated with the promotion and administration of this Contest;
  • Must not in any way mention, refer or otherwise allude to the name, logo or trademark of any entity, individual, product or brand other than those of Sponsor and its brands;
  • Must not contain an image or artwork that is not the original work of the entrant;
  • Must not promote any cause other than the Contest theme;
  • Must not include personally identifiable information, including but not limited to any individual’s name or phone number;
  • Must not contain material that is inappropriate, indecent, lewd, pornographic, obscene, hateful, tortious, defamatory, slanderous or libelous, as determined by Sponsor in its sole discretion;
  • Must not contain, facilitate, reference, or use material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, ethnicity, religion, nationality, disability, sexual orientation, political orientation, citizenship, ancestry, marital status, or age;
  • Must not contain any viruses, spyware, malware, or other malicious components that are designed to harm the functionality of a computer in any way; and
  • Must not contain material that is unlawful, in violation of or contrary to the laws or regulations in any jurisdiction where entry is created.

NOTE: By submitting an entry, each entrant agrees that his or her entry conforms to the Entry Guidelines and Restrictions set forth above and that Sponsor may, at its sole and absolute discretion, disqualify him or her from the Contest if Sponsor decides that his or her entry fails to conform to the such requirements or any other provision of these Official Rules.

Each person who enters this Contest represents and warrants as follows: (i) the entry is the entrant’s own original, previously unpublished, and previously unproduced work; (ii) the entry does not and will not violate or infringe upon the intellectual property rights or other rights of any third party; and (iii) the entry does not and will not violate any applicable laws, and is not and will not be defamatory or libelous. Each entrant hereby agrees to indemnify and hold the Contest Entities harmless from and against any and all third-party claims, actions or proceedings of any kind and from any and all damages, liabilities, costs and expenses relating to or arising out of any breach or alleged breach of any of the warranties, representations or agreements of entrant hereunder. Any entry that does not comply with these Official Rules or that otherwise contains prohibited or inappropriate content as determined by Sponsor, in its sole and absolute discretion, will be disqualified.

Entry Submission Licenses: By submitting an entry, entrant hereby grants Sponsor a royalty-free, irrevocable, perpetual, worldwide, nonexclusive license to use, reproduce, modify, publish or create derivative works from and display the contents of entrant’s submission in whole or in part, and to incorporate it into other works, in any form, media or technology now known or later developed, including for promotional or marketing purposes, without limitation and without further payment, notification, permission or other consideration, except where prohibited by law. If requested, entrant agrees to sign any documentation that may be required for Sponsor or its designees to make use of the nonexclusive rights entrant is granting to use the entry. This license expressly includes a right (but not the obligation) for Sponsor to modify entries to remove any third party intellectual property.

  1. RANDOM GRAND PRIZE DRAWING: On or around August 9, 2018, Sponsor will randomly select the 10 winners from all eligible entries received during the Contest Period. Each winner is deemed to be a potential winner pending verification of his or her eligibility and compliance with these Official Rules as determined by Sponsor, at Sponsor’s sole discretion.
  2. PRIZES AND APPROXIMATE RETAIL VALUE (“ARV”):

The following prizes will be awarded in the Contest:

  • 10 entrants will win the grand prize of a $500 worth of spa services to be provided at a spa determined by Sponsor in its sole discretion based on each winners location (or a lesser amount if such winner notifies Sponsor that he or she is prohibited from receiving prizes over a certain amount). The ARV of each prize is $500 (or such lesser amount).

General Prize Conditions: Limit of one grand prize per person. The odds of winning a prize depend on the total number of eligible entries received during the Contest Period. Prizes are non-transferable, non-assignable and no substitution, exchange or cash equivalents will be allowed, except by Sponsor at Sponsor’s sole discretion. Prizes may not be redeemed for cash, nor may they be transferred or offered for sale or auction. Sponsor reserves the right, at its sole discretion, to substitute a prize or component of any prize with a prize or component of equal or greater value. Any portion of a prize not accepted by a winner will be forfeited, and the Contest Entities shall not be responsible for any inability of winner to accept or use any portion of a prize for any reason. All applicable federal, state, and local taxes, and all other fees, costs, expenses and charges not specifically identified in these Official Rules as a prize element, are the sole responsibility of the winners.

  1. HOW TO CLAIM A PRIZE: On or about August 9, 2018, the potential grand prize winners will be sent a direct notification on Twitter or Instagram, as applicable, from Sponsor on his/her entry with instructions on how to claim the prize (“Notification”). The potential winner will be required to follow instructions provided in the Notification and provide Sponsor with his or her contact information, which may include e-mail address, first and last name (no initials), complete street address (no PO Box), city, state, zip code, and birth date. If the grand prize winner is prohibited from receiving prizes over a certain dollar amount, such winner must notify Sponsor of such amount. If the potential winner does not specify any such amount, the prize will be $500 worth of spa services. Each potential winner must complete this process within 24 hours from the date of the Notification or prize may be forfeited. In addition, each potential winner may be required to execute an Affidavit of Eligibility, a Publicity Release, and any other documents which may be requested by Sponsor. If a winner fails or refuses to sign and return all documents within 14 days of prize notification (or a shorter time if required by exigencies), the winner may be disqualified and an alternate winner may be selected. It is each entrant’s responsibility to timely set his/her social media account settings to accept contacts by Sponsor and to timely check his/her account for such messages.

Upon verification of eligibility, Sponsor will contact the winner to coordinate the spa visit by winner to claim the $500 in services. If a potential winner is found to be ineligible; is not in compliance with these Official Rules; declines to accept the prize; or if the Notification or prize is returned as undeliverable, the prize will be forfeited and, in the Sponsor’s sole discretion, may or may not be awarded to an alternate winner selected at random from the remaining pool of eligible entrants during the Contest Period. Contest Entities shall not be held responsible for any delays in awarding prizes for any reason. Prizes will only be awarded to verified winners.

  1. LIMITATION OF LIABILITY: No liability or responsibility is assumed by the Contest Entities (collectively, “Releasees”) resulting from any individual’s participation in or attempt to participate in the Contest. No responsibility or liability is assumed by Releasees for technical problems or technical malfunction, including, without limitation, those arising in connection with any of the following occurrences that may affect the operation of the Contest: hardware or software errors; faulty computer, telephone, cable, satellite, network, electronic, wireless, or Internet connectivity, or other online communication problems; errors or limitations of any Internet service providers, servers, hosts, or providers; garbled, jumbled, or faulty data transmissions; failure of any transmissions to be sent or received; lost, late, delayed, or intercepted transmissions; unauthorized human or non-human intervention in the operation of the Contest, including without limitation, as a result of unauthorized tampering, hacking, theft, viruses, bugs, worms; or destruction of any aspect of the Contest. Releasees are not responsible for (i) lost, late, incomplete, illegible, indiscernible, or misdirected entries or for any typographical errors in the announcement of the prize or these Official Rules, (ii) any inaccurate or incorrect data contained on promotional materials, or (iii) any error in the administration of the Contest or announcement of the prize and/or all Contest-related materials. Releasees are not responsible for any personal injury or property damage or any other losses of any kind that may be sustained resulting from participation in the Contest or receipt or use of the prize. As a condition of entering, entrants agree (and agree to confirm in writing if requested by Sponsor): (a) to forever discharge, release, and hold harmless Releasees from any and all claims, liabilities, injuries, losses, damages, causes of action, suits, and demands of any kind arising from or in connection with the Contest or the prize, however caused; (b) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, punitive, incidental, indirect, special, exemplary, consequential, or any other damages; and (c) any and all claims, judgments, and award shall be limited to actual out-of-pocket costs incurred, excluding attorneys’ fees and court costs.

If, for any reason, an entry is confirmed to have been erroneously deleted, lost or otherwise destroyed, corrupted or for any other reason not accepted as an entry in the Contest, the entrant’s sole remedy is to enter the Contest again to receive another entry. If, for any reason, the Contest is not capable of running as planned, Sponsor reserves the right, at its sole discretion, to cancel, terminate, modify or suspend the Contest and/or proceed with the Contest, including the selection of the winners in a manner it deems fair and reasonable, including the selection of the potential prize winners from among eligible entries received prior to such cancellation, termination, modification or suspension.

  1. DISPUTES: THIS CONTEST IS GOVERNED BY, AND WILL BE CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF NEW YORK, WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OR CONFLICT OF LAW RULES. THE PARTIES HEREBY CONSENT TO THE JURISDICTION AND VENUE OF THE COURTS IN NEW YORK, NEW YORK, AND AGREE THAT 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.
  2. PRIVACY POLICY: Any personally identifiable information collected during an entrant’s participation in the Contest will be collected by Sponsor or designee and used by Sponsor, its affiliates, designees, agents and marketers for purposes of the proper administration and fulfillment of the Contest as described in these Official Rules.
  3. PUBLICITY RIGHTS: By participating in the Contest and/or accepting a prize, each entrant agrees to allow Sponsor and/or Sponsor’s designee the perpetual right to use his or her name, biographical information, photos and/or likeness, prize information, and statements for Contest, trade, commercial, advertising and publicity purposes, at any time or times, in all media now known or hereafter discovered, without notice, review or approval and without additional compensation or other consideration except where prohibited by law.
  4. GENERAL: Any attempted form of participation in this Contest other than as described herein is void. If it is discovered or suspected at Sponsor’s sole discretion that an entrant has registered or attempted to register more than once using multiple email addresses, multiple identities, multiple social media accounts, proxy servers or like methods, all of that entrant’s entries will be declared null and void, and that entrant may be ineligible to win a prize. Also, if it is discovered that any entrant attempts to receive additional entries in excess of the stated limitation, that entrant may, at Sponsor’s sole discretion, be disqualified from the Contest. In the event of a dispute as to the identity of a winner, the winning entry will be declared made by the authorized account holder of the email address associated with the social media account used to submit an entry. “Authorized account holder” is defined as the natural person who is assigned to an email address by an Internet access provider, online service provider or other organization (e.g., business, educational institution) that is responsible for assigning email addresses for the domain associated with the submitted email address. Sponsor reserves the right to disqualify any individual found, in its sole opinion, to be tampering with the operation of the Contest, to be acting in violation of these Official Rules or to be acting in an unsportsmanlike manner or with the intent to disrupt the normal operation of a Contest. Any use of robotic, automatic, macro, programmed, third-party or like methods to participate in the Contest may void any attempted participation effected by such methods and the disqualification of the individual utilizing the same. CAUTION AND WARNING: ANY ATTEMPT TO DELIBERATELY DAMAGE THE CONTEST TO UNDERMINE THE LEGITIMATE OPERATION OF THIS CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. All entries and/or materials submitted become the property of Sponsor and will not be returned. In the event of any conflict with any Contest details contained in these Official Rules and Contest details contained in any Contest promotional materials (including but not limited to point of sale, television and print advertising, promotional packaging and other promotional media), the details of the Contest as set forth in these Official Rules shall prevail.
  5. WINNERS LIST: To obtain information about the winners, interested individuals should place a self-addressed, stamped business-sized envelope in an envelope and mail it to: One World Trade Center, 60th Floor, New York, NY 10007. Winners’ list requests will only be accepted after the end of the Contest Period and must be received by October 31, 2018.

This Contest is in no way sponsored, endorsed or administered by, or associated with Twitter or Instagram. You understand that you are providing your information to Sponsor and not to Twitter or Instagram. Any questions, comments or complaints regarding this Contest should be directed to Sponsor and not to Twitter or Instagram.

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