NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER, WIN OR PARTICIPATE. A PURCHASE OR SUBSCRIPTION TO A PINKVISUAL WEBSITE WILL NOT IMPROVE YOUR CHANCES OF WINNING. ODDS OF WINNING WILL DEPEND ON THE TOTAL NUMBER OF SUBMISSIONS RECEIVED. VOID IN RHODE ISLAND AND WHERE PROHIBITED BY LAW.
POTENTIAL WINNERS WILL BE CONTACTED VIA THE EMAIL AND/OR PHONE NUMBER PROVIDED DURING THE CONTEST ENTRY PROCESS. IT IS THE SOLE RESPONSIBILITY OF THE ENTRANTS TO ENSURE THAT INFORMATION PROVIDED DURING THE CONTEST ENTRY PROCESS IS CURRENT AND ACCURATE.
WINNER MUST BE AVAILABLE FOR TRAVEL IF THE WINNER ELECTS TO PARTICIPATE IN THE PINK VISUAL PRON PARTY. TRAVEL IS TENTATIVELY SCHEDULED TO TAKE PLACE BETWEEN JANUARY 9 THROUGH JANUARY 11, 2012. Exact Trip dates will be specified by the Sponsor. Failure to travel on the final dates specified by the Sponsor may result in forfeiture of attending the Pink Visual® Pron Party but will not, otherwise, cause forfeiture of the cash prize as specified herein.
The following Contest is intended for participants over the age of eighteen (18) as of October 12, 2011 and a legal resident of the United States or the District of Columbia only ("Territory") and shall be construed and evaluated according to the laws of the Territory. Do not proceed in this promotion if you are not a legal resident of the Territory. Further eligibility restrictions are contained in the official rules ("Official Rules") below.
Descriptions: The PV™ API Developer Contest ("Contest") is sponsored by Buffalo Holdings Ltd. ( "Sponsor" or "PV™ API").
How to enter the Contest: Entry into the Contest begins at 12:00 a.m. Pacific Time (PT) on October 12, 2011 and ends at 11:59 p.m. PT on December 23, 2011. You may enter the Contest by visiting the PV™ API website at http://api.pinkvisual.com/home/ and following the instructions to complete and submit the registration form. You will then receive an Authorized API Key allowing you to use Sponsor data and content to create your own applications and promotional tools in accordance with the PV™ API Terms of Service.
Submission Guidelines: Participation in this Contest is subject to all policies, rules, terms and conditions set forth in these Official Rules, and those set forth in the PV™ API Terms of Service. Entrants must register for an Authorized API Key. Instructions for obtaining an Authorized API Key are available at http://api.pinkvisual.com/home/. Your application must be developed using PV™ API, and must be approved by the Sponsor pursuant to the PV™ API Terms of Service. All text published in your application must be rendered in the English language. Mobile applications and mobile sites created for Android and iOS devices (hereafter, "Approved Mobile Devices") are allowed. Mobile applications created for other mobile device types are not prohibited, but Sponsor cannot guarantee that it will be able to view, test and/or judge mobile applications that are not compatible with Approved Mobile Devices. Applications that cannot be tested by Sponsor will not be considered. Entries that fail to comply with these Official Rules, or any of the PV™ API Terms, or that are otherwise deemed unsuitable, in the sole discretion of the Sponsor, shall be disqualified from consideration. Sponsor may, at its sole discretion, deem submissions unsuitable that are not designed to promote adult entertainment or that Sponsor deems non-marketable, non-innovative, non-creative or technically inefficient. Completed entries must be submitted by 11:59 p.m. PT on December 23, 2011. Proof of submission does not constitute proof of receipt by Sponsor. Entries may be submitted by individuals or by development teams comprising more than one person. In the event of a team submission, one individual must be designated as the 'team leader,' and that person will be solely responsible for sending communications to, and receiving communications from, Sponsor. If a team submission wins the Contest, the division of winnings among the team shall be at the discretion of the designated team leader. Participants may not enter this Contest as a representative of a corporation or an academic institution. Individuals may submit more than one entry, and individuals may participate on more than one team. Entries must be the sole and original creation of the entrants who submit them and must not infringe upon any other person's intellectual property or rights. The right to submit or use an entry must not be restricted in any way. Any third party software or accounts required for the operation of your application shall be provided by you in accordance with applicable laws.
Eligibility: This Contest is open to legal residents of the United States and the District of Columbia excluding residents of Rhode Island who were 18 years of age or older as of. October 12, 2011 Employees and independent contractors of Sponsor, its parent company, affiliates, subsidiaries, distributors, sales representatives, advertising and promotion agencies, and members of the immediate families (defined for these purposes as including spouse, parents, step-parents, children, step-children, siblings, step-siblings, and each of their respective spouses) or households (whether related or not) of any of the above are not eligible to participate in this Contest.
Judging: Eligible submissions will be judged by a qualified panel of judges, consisting of a cross-departmental team of information technology, marketing and management personnel employed by Sponsor. Submissions will be judged based on the most innovative, creative, marketable use of the PV™ API software. Submissions must incorporate adult entertainment elements, in whole or in part, to be considered. Sponsor may, but is not obligated, take into account consumer feedback received from end-users of the submitted applications in determining the winner of the Contest. The contestant who submits the best Application as determined by the judges and Sponsor will be named the winner ("Winner"). The Winner will be determined and announced within ten (10) days after the close of the Contest. The decisions of the judges and the Sponsor shall be final and binding on all matters relating to this Contest.
Prize: One (1) Prize will be awarded to the Winner of this Contest The Winner may chose either 1) $2,500 U.S. Dollars. In the event that the winning application is a team entry, the Prize will be distributed among the team in accordance with the instructions provided to the Sponsor by the designated team leader. or 2) attendance at the "Pron Party" event held by the Sponsor on January 10, 2012, in Las Vegas, Nevada. The estimated retail value of attendance at the Pink Visual® Pron Party is $2,500 U.S. Dollars; actual value may vary depending on location of Winner's residence. If the Contest Winner chooses to attend the Pron Party, the Winner's travel and lodging expenses including roundtrip coach air transportation from the major U.S. airport nearest winner's residence to Las Vegas, NV and two (2) nights hotel accommodations (as determined by Sponsor) (standard, single occupancy) will be paid by the Sponsor. Should Sponsor determine, at its sole discretion that winner's residence is in close enough proximity to Las Vegas, NV, Sponsor may warrant air travel unnecessary, and winner will be provided with alternate transportation from the Sponsor with no further obligation to the winner. Winner is solely responsible for all other expenses not specified herein as being awarded, including, but not limited to, federal, state and local taxes (if any), tax reporting, meals, additional ground transportation and gratuities. In the event that the Prize winning application is a team entry, the team member attending the Pron Party shall be designated by the team leader. Winner shall not be responsible for any expenses incurred as a result of flight cancellations or delays not in the control of Winner; however Sponsor shall not be liable for travel expenses incurred by Winner for any reason within the control of winner including but not limited to flight changes, missed flights or flight cancellations.
All prize details are at the sole discretion of the Sponsor. Prize Winner cannot assign or transfer the prize to another person. If a prize cannot be awarded due to circumstances beyond the control of Sponsor, a substitute prize of equal or greater retail value may be awarded. If Winner cannot accept a prize, or any portion thereof, as stated, the prize may be forfeited at the sole discretion of Sponsor. The value of the prize represents Sponsor's good faith determination of the maximum retail value thereof. No refunds or credit for changes are allowed.
Odds of Winning: Odds of winning depend on the number of eligible Submissions received.
General Terms and Conditions: All federal, state and local laws and regulations apply. By participating, each entrant agrees to be bound by these Official Contest Rules and the decisions of the Sponsor, which shall be final in all respects. Potential winners of the Contest will be notified via the contact information provided by the contestant at the time of entry. In the event of a dispute regarding the identity of an entrant, the corresponding submission will be deemed to have been made by the authorized account holder of the email address associated with the PV™ API account through which the entry was submitted. As a condition of receiving the Prize, the potential winner (including each member of a team if the entry is a team entry) must execute and return an affidavit of eligibility, liability release, and except where prohibited by law, a publicity release, within seven (7) days of notification, or the Prize may be forfeited and an alternate potential winner may be selected by the Sponsor on the basis of the criteria stated within these Rules. If the prize notification is returned as undeliverable, the corresponding potential winner will be disqualified, his/her prize will be forfeited, and an alternate winner may be selected. Winners are solely responsible for any local, state, or federal income taxes on prizes. All federal, state, and local laws and regulations apply.
Acceptance of the Prize will constitute the winner's (and his/her team's, if applicable) agreement and consent to the Sponsor's use of the winner's entry and prize information for promotional purposes, in commerce, and in all media currently known or hereinafter developed, without limitation and without notice or further compensation from Sponsor.
If for any reason this Contest is rendered incapable of completion, or of being conducted as planned herein, by any cause which, in the sole opinion of the Sponsor, corrupts or affects the administration, fairness, integrity, security or proper conduct of this Contest, Sponsor reserves the right, at its sole discretion, to modify, suspend, cancel or terminate this Contest, and to determine the winner, based on the criteria stated herein, from eligible entries submitted prior to the time such action was taken, or as otherwise deemed fair and equitable by the Sponsor.
Governing Law and Jurisdiction: By entering this Contest, entrants agree that all issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules, entrant's rights, and obligations, or the rights and obligations of the Sponsor in connection with this Contest, will be governed by, and construed in accordance with, the laws of the State of Arizona, without giving effect to any choice of law or conflict of law rules. Sponsor reserves the right to take such action as it deems necessary to enforce these Official Rules and ensure the fair operation of this Contest, including without limitation barring entrants who do not comply with these Official Rules. By entering, entrants consent to the jurisdiction and venue of the federal, state, and local courts located in Arizona. Except where prohibited, as a condition of participating in this Contest, each entrant agrees that any and all disputes, claims and causes of action arising out of or connected with this Contest, the prize awarded, or the determination of the winner shall be resolved individually, without resort to any form of class action. Further, in any such dispute, under no circumstances will an entrant be permitted to obtain awards for, and hereby waives all rights to claim punitive, incidental or consequential damages, or any other damages, including attorneys' fees, other than entrant's actual out-of-pocket expenses, and entrant further waives all rights to have damages multiplied or increased.
Limitations of Liability: By entering this Contest, all entrants agree to release, indemnify and hold harmless Sponsor, its parent company, affiliated or subsidiary companies, advertising, promotion and judging agencies, and their respective employees, shareholders, directors, officers and/or agencies from any and all liability whatsoever for any injuries, losses or damages of any kind caused by or in connection with any prize or resulting from participation in this Contest or from acceptance, possession or use of any prize or participation in any prize-related activity, or use by Sponsor of the entry in any manner, including without limitation, personal injury, death, property damage and claims based upon trademark, copyright, patent, trade secret or other intellectual property infringement, publicity rights, defamation or invasion of privacy.
Neither Sponsor nor its agencies are responsible for lost, interrupted or unavailable network, server, satellite, Internet Service Provider (ISP), Online Service Provider (OSP) Website or other connections availability, accessibility or traffic congestion, or miscommunications, or failed computer, network, telephone, satellite, or cable hardware, software or lines, or technical failure, or jumbled, scrambled, delayed, or misdirected transmissions, or computer hardware or software malfunctions, failures or difficulties, or other errors of any kind whether human, mechanical, electronic or network, or the incorrect or inaccurate capture of entry or other information or the failure to capture, or loss of, any such information.
Neither Sponsor nor its agencies are responsible for any incorrect or inaccurate information, whether caused by PV™ API users, or by any equipment or programming associated with or utilized in this Contest and assume no responsibility for any error, omission, interruption, deletion, defect, or delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or tampering with or hacking of PV™ API. Sponsor reserves the right, at its sole discretion, to disqualify any individual it finds may be tampering with the entry process or operation of this Contest or PV™ API, or may be acting in violation of the terms of PV™ API, or may be acting in a non-sportsmanlike or disruptive manner, or with intent to threaten, abuse, or harass any other person. Any attempt to deliberately damage any Website or undermine the legitimate operation of this Contest may be unlawful and subject to legal action by Sponsor or its agents.
Winner Information: The Winner will be posted on http://api.pinkvisual.com/home/ within ten (10) days from the close of the Contest. For the name of the Prize winner(s), send a self-addressed stamped envelope to: Pink Visual® PV™ API Contest Winner List, Attn: Pink Visual® Legal Department, 6614 E. Tanque Verde, Tucson, Arizona 85715. Requests for winner information must be received no later than 60 days after the close of the Contest. The winner list will be sent after the winners have been verified, and after the Prize has been awarded.