Diamond Dash: Dash For A Diamond & A Cure
PRESENTED BY MICHAEL C. FINA
NO PURCHASE NECESSARY TO ENTER OR WIN.
A PURCHASE WILL NOT IMPROVE YOUR ODDS OF WINNING.
Diamond Dash: Dash For A Diamond & A Cure (the “Dash”) is open only to legal residents of the United States who are single (i.e., not married) and twenty-one (21) years or older at the time of participation. Void where prohibited by law. Employees of Michael C. Fina Co., Inc. or any of its affiliates, subsidiaries, advertising agencies, or any other company or individual involved with the design, production, execution or distribution of the Dash and their immediate family (i.e., spouse, parents and step-parents, siblings and step-siblings, and children and step-children) and household members (i.e., people who share the same residence for at least three (3) months out of the year) of each such employee are not eligible to enter or win. The Dash is subject to all applicable federal, state and local laws and regulations. Participation constitutes entrant's full and unconditional agreement to these Official Rules and Sponsor’s decisions, which are final and binding in all matters related to the Dash. Winning a prize is contingent upon fulfilling all requirements set forth herein.
Michael C. Fina Co., Inc. 545 Fifth Avenue, New York, NY 10017.
Couples may enter the Dash by completing the registration form accessible at www.diamonddash.com between October 17, 2012 at 12:00 a.m. Eastern Daylight Time (“EDT”) and November 7, 2012 at 11:59 p.m. EDT (the “Registration Period”).
On the registration form, a Team Captain must provide his or her name, email address, mobile phone number, mailing address, t-shirt size and marital status. The Team Captain must also provide the name, email address, mailing address, t-shirt size and marital status of his or her Partner. The Team Captain must have a mobile phone that can send and receive text and photo messages via MMS (Multimedia Messaging Service) and that can take photos during the Dash. Standard text messaging fees may apply. A Couple is defined as the Team Captain and his or her Partner. The Couple must be in a relationship (heterosexual or same-sex) with one another and be prepared to get engaged. Individuals who are legally married are not eligible to enter the Dash. Both members of the Couple must be over twenty-one (21) years of age. Limit one Registration per person, per email address, during the Registration Period. A person may only register once (as either a Team Captain or Partner) and may only be a part of one (1) Couple. At the conclusion of the Registration Period, the Sponsor will accept up to Five Hundred (500) qualifying Couples to compete in the Dash. On or about the week of November 5, 2012, an email will be sent to the Team Captains of those qualifying Couples who have been accepted to participate in the Dash (the “Dash Email”). You will have to follow the directions in the Dash Email to confirm your place in the Dash. The Dash Email will contain details regarding the start location and time for the Dash. Only Couples whose Team Captains receive the Dash Email will be able to participate in the Dash. Couples are not required to donate to The Leukemia and Lymphoma Society (“LLS”) or to raise funds for LLS in order to compete in the Dash. Donations or fundraising activity will not increase your chances of winning.
4. The Dash
WHILE COMPETING IN THE DASH, DO NOT DO ANYTHING THAT JEOPARDIZES YOUR SAFETY, THAT OF YOUR PARTNER OR THOSE AROUND YOU. YOU MUST ALSO NOT DO ANYTHING ILLEGAL AND MUST OBEY ALL LAWS.
A. Day of Dash Check In: The Dash starts on November 17, 2012 at the location in New York City to be identified in the further Dash Email (“Dash Confirmation Email”) to be sent on or about the week of November 5, 2012 (the “Start Location”). The Couple must get to the Start Location between 8 a.m.-9 a.m. EST for Check In and Kickoff Events (or as otherwise stated in the Dash Confirmation Email). Each member of the Couple must bring and present a valid state issued ID (with picture) or passport to Check In. The Team Captain must have his or her cellular phone (with the mobile phone number that was submitted with the online Registration). At Check In, the couple will receive two (2) t-shirts (which must be worn during the entire Dash) and a map of New York City. At Check In, both the Team Captain and the Partner will be required to sign a Safety Release, Publicity Release (unless prohibited by law), Affidavit of Eligibility and Acknowledgement of these Official Rules, all as a condition of entry and of winning a prize. No prizes will be awarded to any Team Captain or Partner if either fails to sign such documentation.
B. Dash Locations, Clues and Dash
At the Start Location, each Couple will receive a clue to the first Dash
Location. After figuring out the clue
and arriving at the first Dash Location, the Couple will be given clues to
twenty (20) additional Dash Locations. The Couple’s task will be to evaluate the clues and use their knowledge
and skill to figure out each Dash Location and the quickest ways to get there. The twenty (20) additional Dash Locations may
be visited in any order of the Couple’s choosing. After arriving at each of these Dash
Locations, the Couple must find the Dash sign present at such Location with a
Dash Verification Code, take their photos with such sign using their Dash
registered cellular phone, and text the photo that clearly depicts themselves
and the Dash sign, along with the Dash Verification Code, to the designated
short code. There is a separate and
unique Dash Verification Code at each Dash Location. The initial phase of the Dash will end at
2:00 p.m. EST, and a final text message will be sent by Sponsor at that time
requiring all Couples to report to Sponsor’s landmark retail store in New York
C. Finalists: Sponsor will determine the top three (3)
Couples, based on criteria such as Dash completion time and number of Dash
Locations visited, and identify the top three (3) Couples via live
announcement. Sponsor will then
distribute the final clue to these three (3) Couples, who will then set off
from such location for the Final Dash Location.
D. Grand Prize: The Grand Prize will be awarded to the first of the final three Couples
who successfully solves the final clue and gets to the Final Dash Location to
meet Sponsor’s representative. The Couple will then be expected to immediately propose
to marry (between the Team Captain and his or her Partner).
E. Additional Requirements, Rules and Terms
· The Couple (Team Captain and Partner) must stay together at all times during the Dash.
· The Couple may not communicate with another Couple or any other third party regarding 1) any Dash Location; 2) any Dash Verification Code; or 3) anything else that provides assistance concerning the Dash.
· Sponsor reserves the right to disqualify any Couple if their cellular phone is lost, malfunctions, ceases to operate or is stolen, or their cellular phone battery lapses.
· Sponsor reserves the right to disqualify any Couple for any conduct that in any way appears to inhibit the enjoyment of other participants or the fairness or integrity of the Dash.
· If the Couple goes to a destination which is not a Dash Location there will obviously be no Dash sign or Dash Verification Code available at that destination.
· If the Dash Verification Code is not submitted exactly as stated, the Couple will not receive credit for having visited that location.
· Any costs or expenses associated with attending the Dash (including, without limitation, transportation, meals and any applicable text messaging costs or mobile phone related charges) are the responsibility of the Couple.
· WHILE COMPETING IN THE DASH, DO NOT DO ANYTHING ILLEGAL.
· WHILE COMPETING IN THE DASH, DO NOT DO ANYTHING THAT JEOPARDIZES YOUR SAFETY, THAT OF YOUR PARTNER OR THOSE AROUND YOU.
The use of automated devices to send or receive Texts is prohibited. Sponsor assumes no responsibility for lost, late or misdirected, texts or any computer, online telephone, or technical malfunctions that may occur. SPONSOR ASSUMES NO RESPONSIBILITY IF THE TEXTS YOU SEND ARE NOT RECEIVED (OR ARE DELAYED) OR IF THE TEXTS THAT SPONSOR SENDS ARE NOT RECEIVED (OR ARE DELAYED).
Sponsor is not responsible for failed, partial or garbled computer transmissions or text messages, or for technical failures of any kind, including, but not limited to, electronic malfunction or damage of any network, hardware or software. If for any reason the Dash is not capable of running as planned, including infection by computer virus, bugs tampering, unauthorized intervention, fraud, technical failures, or other causes that corrupt or affect the administration, security, fairness, integrity or proper conduct of the Dash, Sponsor reserves the right, in its sole discretion, to disqualify any individual who tampers with the entry process, and to cancel, terminate, modify or suspend the Dash. No responsibility is assumed for: any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries; or any problems or technical malfunctions of any telephone network or lines, computer online systems, servers, providers, computer equipment, or software; or failure of any e-mail or electronic entry to be received on account of technical problems or traffic congestion on the SMS network or computer network, or any combination thereof, including any injury or damage to entrant's or any other person's computer related to or resulting from participation in the Dash. In the event this skill contest is cancelled, Sponsor will conduct another skill based competition to award the prizes.
The Grand Prize will be awarded to the first Couple among the top three finalists, who successfully gets to the Final Dash Location and proposes (between the Team Captain and his or her partner). The Sponsor has sole discretion to determine which Couple gets to the Final Dash Location and proposes first. The Grand Prize will only be awarded once the Sponsor has determined that the Couple has followed the Official Rules. The Sponsor may also ask to review the Team Captain’s cellular phone and investigate it before the Couple is declared the Grand Prize winner.
6. POTENTIAL DASH WINNERS ARE SUBJECT TO VERIFICATION BY SPONSOR WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE DASH.
7. Verification of Potential Winners
Potential winners must continue to comply with all terms and conditions of these Official Rules, and winning is contingent upon fulfilling all requirements. The potential winners may be required to provide the Sponsor with documentation that shows each of them was an eligible participant.
Grand Prize winners (1 couple) will receive:
- a Tacori engagement ring with an approximate retail value (“ARV”) of Twenty Thousand Dollars ($20,000).
- an engagement photography session
with (1) 11x14" print and (3) 5x7" prints of the
winning couple’s choice from Photomuse
(Value of $750)
- a Two Thousand and Five Hundred Dollar ($2,500) gift certificate to use towards the purchase of wedding bands from Michael C. Fina
- a Two Thousand and Five Hundred Dollar ($2,500) gift certificate to use towards a Michael C. Fina Wedding Registry
-a Two Hundred Dollar ($200) credit to use at GILT.com.
Runners Up (2 couples) will receive:
- a One Thousand ($1,000) gift certificate to use towards the purchase of wedding bands from Michael C. Fina and
-a Two Hundred Dollar ($200) credit to use at GILT.com.
All Diamond Dash participants will receive 20% off the purchase of a Tacori ring setting during the week of November 17, 2012 – November 24, 2012; and 15% off the purchase of a Tacori ring setting from November 25, 2012 – December 31, 2012.
For All Prizes: Prizes will be awarded to the Team Captain. Prizes are non-transferable and no substitution will be made except as provided herein at the Sponsor's sole discretion. Sponsor reserves the right to substitute any listed prize for one of equal or greater value for any reason. Winners are responsible for all taxes and fees associated with prize receipt and/or use. All certificates for amounts off have no cash value. Odds of winning a prize depend on the Couple’s ability to evaluate the clue and use skill to determine the quickest way to get to the Dash Location. Sponsor makes no warranties or disclaimers concerning any prize beyond those customarily given by the manufacturer of the prize.
9. Entry Conditions and Release
By entering, each participant agrees to: (a) comply with and be bound by these Official Rules and the decisions of the Sponsor and/or the Dash judges which are binding and final in all matters relating to the Dash; (b) release and hold harmless the Sponsor and its parents, subsidiaries and affiliated companies, the prize suppliers and any other organizations responsible for sponsoring, fulfilling, administering, advertising or promoting the Dash, and all of their respective past and present officers, directors, employees, agents and representatives (collectively, 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 (under appropriation, intrusion, public disclosure of private facts, false light in the public eye or other legal theory), 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 Dash, acceptance or use or misuse of prize (including any travel or activity related thereto) and/or the broadcast, exploitation or use of entry; and (c) indemnify, defend and hold harmless the Sponsor from and against any and all claims, expenses, and liabilities (including reasonable attorneys fees) arising out of or relating to an entrant’s participation in the Dash and/or entrant’s acceptance, use or misuse of any prize.
Except where prohibited, participation in the Dash shall constitute participants’ consent to Sponsor's and its agents' use of participants’ name, likeness, image, photograph, voice, opinions and/or hometown and state for promotional purposes in any media, worldwide, without further payment or consideration or right of review.
11. General Conditions
Sponsor reserves the right to cancel, suspend and/or modify the Dash or these Official Rules, or any part of it or them, if any fraud, technical failures or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Dash, as determined by Sponsor in its sole discretion. Sponsor 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 Dash or to be acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Dash may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. Multiple participants are not permitted to share the same email address or cellular telephone number. Any attempt by any participant to obtain more than the stated number of Registrations by using multiple/different email addresses, identities, registrations and logins, or any other methods will void that participant's registrations and that participant may be disqualified. Use of any automated system to participate is prohibited and will result in disqualification. Sponsor is not responsible for lost, late, incomplete, invalid, unintelligible or misdirected registrations, which will be disqualified.
12. Limitations of Liability
The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Dash; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Dash; (4) technical or human error which may occur in the administration of the Dash 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 Dash or receipt or use or misuse of any prize. If for any reason any participant’s text is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, participant’s sole remedy is another text in the Dash. No more than the stated number of prizes will be awarded. In event that production, technical, seeding, programming or any other reasons cause more than stated number of prizes as set forth in these Official Rules to be available and/or claimed, Sponsor reserves the right to award only the stated number of prizes by a random drawing among all legitimate, unawarded, eligible prize claims.
Entrant agrees that: (i) any and all disputes, claims and causes of action arising out of or connected with the Dash, or any prizes awarded, other than those concerning the administration of the Dash or the determination of winner, shall be resolved individually, without resort to any form of class action; (ii) any and all disputes, claims and causes of action arising out of or connected with the Dash, or any prizes awarded, shall be resolved exclusively by the United States District Court or the appropriate New York State Court located in New York County, New York; (iii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Dash, but in no event attorneys' fees; and (iv) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Dash, shall be governed by, and 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 (whether of the State of New York or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York.
14. Entrant's Personal Information
15. Results and Official Rules
For the Dash results and/or a copy of these Official Rules, send a hand-printed, self-addressed, stamped envelope to The Diamond Dash - Winners List, Michael C Fina, Marketing, 545 Fifth Avenue, Sub-Basement, New York, NY 10017. Requests for the winners list must be received by November 31, 2012.