NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE THE CHANCES OF WINNING.1. Eligibility: This Campaign is open only to those who enter the contest and who are 18 years or older as of the date of entry. Employees of Pixite LLC (“Pixite”), its affiliates, subsidiaries, advertising and promotion agencies, and suppliers, (collectively the “Employees”), and immediate family members and/or those living in the same household of Employees are not eligible to participate in the Campaign. The Campaign is subject to all applicable federal, state, and local laws and regulations. Void where prohibited.
2. 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 Pixite as final and binding as it relates to the content of this Campaign.
3. Campaign Period: Entries will be accepted online starting on January 20, 2018 12:01AM Pacific Time and ending January 27, 2018 11:59PM Pacific Time. All online entries must be received by January 27, 2018 11:59PM Pacific Time.
4. How to Enter: The Campaign must be entered by “liking” the Pigment app page on Facebook (https://www.facebook.com/PigmentApp/) and submitting a Facebook post that follows the instructions, and includes a digitally colored version of the eligible illustrations, specified in the original contest post. Alternatively, the Campaign may be entered by “following” the Pigment Instagram account (https://www.instagram.com/pigment_app/) or Twitter account (https://www.twitter.com/pigment_app) and submitting an Instagram or Twitter post that follows the instructions, and includes a digitally colored version of the eligible illustrations, specified in the original contest post, with the hashtag “@pigment_app #pigmentcoloroftheyear and #ultraviolet”. The entry must fulfill all Campaign requirements, as specified, to be eligible to win a prize. Entries that are incomplete or do not adhere to the rules or specifications may be disqualified at the sole discretion of Pixite. You may enter as many times as you would like. The digitally colored version of the eligible illustration must by completed by You. If You use fraudulent methods or otherwise attempt to circumvent the rules, your submission may be removed from eligibility at the sole discretion of Pixite.
5. Prize: The Winner of the Campaign (the “Winner”) will receive a $25 iTunes or Google Play Store Gift Card. Actual/appraised value may differ at time of prize award. The specifics of the prize shall be solely determined by Pixite. No cash or other prize substitution shall be permitted except at Pixite’s discretion. The prize is nontransferable. Any and all prize-related expenses, including without limitation any and all federal, state, and/or local taxes, shall be the sole responsibility of Winner. No substitution of prize or transfer/assignment of prize to others or request for the cash equivalent by Winner is permitted. Acceptance of prize constitutes permission for Pixite to use Winner’s name, likeness, and entry for purposes of advertising and trade without further compensation, unless prohibited by law.
6. Odds: The odds of winning depend on the number of eligible entries received.
7. Winner Selection and Notification: Winner will be selected at random. Winner will be notified by Facebook, Instagram, or Twitter within five (5) days following selection of Winner. Pixite shall have no liability for Winner’s failure to receive notices due to spam, junk e-mail or other security settings or for Winner’s provision of incorrect or otherwise non-functioning contact information. If Winner cannot be contacted, is ineligible, fails to claim the prize within five (5) days from the time award notification was sent, or fails to timely return a completed and executed declaration and release as required, the prize may be forfeited and an alternate Winner selected. Receipt by Winner of the prize offered in this Campaign is conditioned upon compliance with any and all federal, state, and local laws and regulations. ANY VIOLATION OF THESE OFFICIAL RULES BY WINNER (AT PIXITE‘S SOLE DISCRETION) WILL RESULT IN WINNER’S DISQUALIFICATION AS WINNER OF THE CAMPAIGN, AND ALL PRIVILEGES AS WINNER WILL BE IMMEDIATELY TERMINATED.
8. Rights Granted by You: By entering this content (e.g., photo, video, text, etc.), You understand and agree that Pixite, anyone acting on behalf of Pixite, and Pixite’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 Campaign, and biographical information for news, publicity, information, trade, advertising, public relations, and promotional purposes. without any further compensation, notice, review, or consent. By entering this content, You represent and warrant that your entry is an original work of authorship, and does not violate any third party’s proprietary or intellectual property rights. If your entry infringes upon the intellectual property right of another, You will be disqualified at the sole discretion of Pixite. 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 Pixite from and against any suit, proceeding, claims, liability, loss, damage, costs or expense, which Pixite may incur, suffer, or be required to pay arising out of such infringement or suspected infringement of any third party’s right.
9. Terms & Conditions: Pixite reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Campaign should virus, bug, non-authorized human intervention, fraud, or other cause beyond Pixite’s control corrupt or affect the administration, security, fairness, or proper conduct of the Campaign. In such case, Pixite may select the Winner from all eligible entries received prior to and/or after (if appropriate) the action taken by Pixite. Pixite 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 Campaign or website or violates these Terms & Conditions. Pixite has the right, in its sole discretion, to maintain the integrity of the Campaign, to void votes for any reason. Any attempt by an entrant to deliberately damage any website or undermine the legitimate operation of the Campaign may be a violation of criminal and civil laws. Should such attempt be made, Pixite reserves the right to seek damages to the fullest extent permitted by law.
10. Limitation of Liability: By entering, You agree to release and hold harmless Pixite 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 Campaign 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.
11. Disputes: THIS Campaign IS GOVERNED BY THE LAWS OF UNITED STATES OF AMERICA AND CALIFORNIA, WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. As a condition of participating in this Campaign, 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 Campaign, shall be resolved individually, without resort to any form of class action, exclusively before a court located in San Diego, California 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 Campaign). Participant further waives all rights to have damages multiplied or increased.
13. Winners List: To obtain a copy of the Winner’s name or a copy of these Official Rules, mail your request along with a stamped, self-addressed envelope to: Pixite LLC, 3919 4th Ave Suite C, San Diego, CA 92103. Requests must be received no later than January 31, 2018 5:00PM Pacific Time.
15. The Campaign hosted by Pixite is in no way sponsored, endorsed, administered by, or associated with Facebook, Instagram, or Twitter.