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Playing for Keeps Instagram Challenge

NO PURCHASE NECESSARY TO ENTER OR WIN. MAKING A PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING. ODDS OF WINNING WILL DEPEND ON THE TOTAL NUMBER OF ENTRIES RECEIVED. VOID WHERE PROHIBITED BY LAW OR WHERE BONDING, REGISTRATION, OR OTHER REQUIREMENTS WOULD BE REQUIRED BUT HAVE NOT BEEN MET. AFFIDAVIT OF ELIGIBILITY AND RELEASE OF LIABILITY FORM MAY BE REQUIRED.

The “Playing for Keeps Photo Challenge” (the “Giveaway”) is sponsored by Sugar Publishing Inc. (owner and operator of BuzzSugar.com and TresSugar.com), having an address of 111 Sutter Street, Suite 850, San Francisco, CA 94104 (“Sponsor”). Entrant’s registration and participation in the Giveaway shall be governed by the terms and conditions contained herein (the “Official Giveaway Rules”).

ELIGIBILITY: The Giveaway is open only to permanent, legal residents that reside in one of the fifty (50) states of the United States of America or the District of Columbia, excluding Rhode Island, all U.S. territories and possessions, and all overseas military installations. All entrants must be at least eighteen (18) years of age at the time of entry. Employees of Sponsor and their respective affiliates, subsidiaries, and advertising and promotion agencies and any other entity involved in the development or administration of this Giveaway, and their immediate family members or household members (defined as spouses and biological, adoptive or step-parents, legal guardians, children, siblings, or grandparents, their respective spouses and any dependent under federal income tax law) are not eligible to participate in or win the Giveaway. Winners may be required to sign an Affidavit of Eligibility and complete relevant tax forms as a condition to the delivery of the applicable prize. All applicable federal, state and local laws apply. No purchase is necessary to participate in the Giveaway.

ENTRY PERIOD: The Giveaway will begin at 03:00 am Pacific Time (“PT”) on Monday, November 5, 2012 and end at 11:59pm PT on Wednesday, December 5, 2012 (the “Entry Period”).

HOW TO ENTER: No purchase is necessary to participate in the Giveaway. During the Entry Period enter for a chance to win the one (1) Grand Prize of a $2,500 Amazon gift card or one (1) of ten (10) First Prizes of a $250 Amazon gift card.

Enter via Instagram: Using an established Instagram username, upload a photo of yourself to Instagram that displays “What You Really Want for the Holidays” and include the hashtag #PlayingForKeeps to receive one (1) entry. If you do not have an existing Instagram account, one can be opened for free at www.instagram.com or by downloading the free Instagram app.

Alternative Method of Entry: To enter via mail without using Instagram to upload a photo, on a 3" x 5" piece of paper, hand-print your name, complete mailing address, email address, daytime and evening telephone numbers (area code included), and date-of-birth, and mail entry in a properly stamped envelope to: the “Playing for Keeps Photo Challenge”, Sugar Publishing Inc., 111 Sutter Street, Suite 850, San Francisco, CA 94104. Entries must be postmarked by Wednesday, December 5, 2012 and received by Wednesday, December 12, 2012 to be eligible.

Regardless of method of entry, only one (1) entry per person per day is permitted. Multiple entries received from any person or Instagram account in excess of the above stated limitation will be void. All mail-in entries must be mailed in separately. If you choose to upload a photo to Instagram using your mobile phone, standard data fees may apply. Please refer to your wireless provider for pricing plan details. Entries generated by script, macro, mechanical or other automated means or by any means that attempt to subvert the entry process are void. Entrants may not enter using multiple Instagram accounts. Any entrant who attempts to do so will be disqualified and forfeits any right to receive a prize, in Sponsor’s sole discretion.

REQUIREMENTS OF PHOTOS: Photos may not contain, as determined by the Sponsor, in its sole discretion, any content that:
• is sexually explicit or suggestive; unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group; profane or pornographic; contains nudity;
• promotes alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing); promotes any activities that may appear unsafe or dangerous; promotes any particular political agenda or message;
• is obscene or offensive; endorses any form of hate or hate group;
• defames, misrepresents or contains disparaging remarks about other people or companies;
• contains trademarks, logos, or trade dress (such as distinctive packaging or building exteriors/interiors) owned by others, without permission; contains any personal identification, such as personal names, e-mail addresses or street addresses;
• contains copyrighted materials owned by others (including photographs, sculptures, paintings, and other works of art or images published on or in websites, television, movies or other media), without permission;
• contains materials embodying the names, likenesses, voices, or other indicia identifying any person, including, without limitation, celebrities and/or other public or private figures, living or dead without permission;
• communicates messages or images inconsistent with the positive images and/or good will to which we wish to associate; and/or
• violates any law.

Photo must be the original work of the entrant, may not have been previously published, may not have won previous awards, and must not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity. If the photo contains any material or elements that are not owned by the entrant, and/or which are subject to the rights of third parties, the entrant is responsible for obtaining, prior to submission of the photo, any and all releases and consents necessary to permit the use and exhibition of the photo by Sponsor in the manner set forth in these Official Giveaway Rules, including, without limitation, name and likeness permissions from any person who appears in or is identifiable in the photo. Sponsor reserves the right to request proof of these permissions in a form acceptable to Sponsor from any entrant at any time. Failure to provide such proof may, if requested, render entry null and void. By submitting a photo, entrant represents and warrants that he/she and any persons appearing or who are identifiable in the photo consent to the submission and use of the photo in the Giveaway and to its use as otherwise set forth herein.

PRIZES:

The Grand Prize winner will receive the Grand Prize of one (1) $2,500 gift card. The Grand Prize has a retail value of $2,500.00 USD.

Ten (10) First Prize winners will each receive the First Prize of one (1) $250 gift card. Each First Prize has a retail value of $250.00 USD.

If the potential Grand Prize and/or First Prize winners forfeit or do not claim the Grand and/or First Prize within two (2) business days after the date of notification of the Grand Prize and/or First Prizes, Grand Prize and/or First Prizes will be re-awarded, in Sponsor’s sole and absolute discretion. Other restrictions may apply. Decisions of the Sponsors are final and binding with respect to all matters related to the Giveaway. All prizes will be awarded and winners should allow up to 6-8 weeks for prize delivery. Prizes are awarded “as is” with no warranty or guarantee, either express or implied by Sponsor. Gift cards are subject to certain terms and conditions as specified by issuer. In no event shall the Sponsor be obligated to award more prizes than the number of prizes stated in these Official Giveaway Rules. No substitutions (including for cash) are permitted, except that Sponsors reserve the right to substitute a prize of comparable or greater monetary value for any prize. All prizes won by eligible minors will be awarded to their parents or legal guardians on their behalf. Winners shall be responsible and liable for all federal, state and local taxes on the value of their prize. The potential Grand Prize winner will, and the potential First Prize winners may, be required to complete and return to Sponsor an IRS Form W-9 that reflects winner’s taxpayer identification number or social security number. The winners will receive from Sponsors an IRS form 1099-MISC at the end of the calendar year, and a copy of such form will be filed with the IRS. To receive a complete list of winners or a copy of the Official Giveaway Rules, send a self-addressed stamped envelope to Prize Fulfillment, Sugar Inc., 111 Sutter Street, Suite 850, San Francisco, CA 94104. Please specify winner's list or rules on your request.

WINNER SELECTION: At the end of the Entry Period, there will be one (1) random drawing in which one (1) potential Grand Prize winner and ten (10) potential First Prize Winners shall be selected from all eligible entries received during the Entry Period by employees or representatives of the Sponsor. The number of eligible entries received determines the odds of winning. Potential winners will be notified by a posting on Sponsor’s Instagram feed (username: PopSugar) on Thursday, December 13, 2012. Potential winners must contact Sponsor via email at production@sugarinc.com to claim their prize within two (2) business days after the date of notification of such prize. A potential winner's failure to respond to the prize notification within the specified two (2) business days will be considered such potential winner's forfeiture of the prize and an alternate winner may be selected from the remaining eligible entries and posted on Sponsor’s Instagram feed (username: PopSugar) on Tuesday, December 18, 2012. In the event of a dispute regarding the identity of the entrant, the natural person associated with the Instagram account or email address used to enter the Giveaway will be deemed to be the entrant and must comply with these Official Giveaway Rules. If an entrant is found to be ineligible, an alternate winner may also be selected from the remaining eligible entries. Sponsor reserves the right to ship prizes directly to the mailing address provided by winners. All entrants agree to abide by these Official Giveaway Rules.

GENERAL CONDITIONS AND RELEASES: An entrant or winner may be disqualified from the Giveaway if he or she fails to comply with each provision of these Official Giveaway Rules, as determined in the sole and absolute discretion of the Sponsor. Participation in the Giveaway is at entrant’s own risk. By entering the Giveaway, each entrant agrees that neither Sponsor, nor any of its respective subsidiaries, partners, suppliers, employees, directors, officers, agents or representatives (collectively, “Releasees”) shall be liable for: 1) failed, returned or misdirected notifications based on inaccurate information provided by the potential winners, 2) entries and responses to potential winner notifications which are lost, late, incomplete, illegible, unintelligible, postage-due, misdirected, damaged or otherwise not received by the intended recipient in whole or in part or for computer or technical error of any kind, 3) any electronic miscommunications or failures, technical hardware or software failures of any kind, lost or unavailable network connections, or failed incomplete, garbled or delayed computer transmissions which may limit an entrant's ability to participate in the Giveaway, 4) any technical malfunctions of the telephone network, Internet Service Provider (ISP), computer on-line system, computer equipment, software, program malfunctions or other failures, delayed computer transactions or network connections that are human, mechanical or technical in nature, or any combination thereof, including any injury or damage to entrant's or any other person's smartphone related to or resulting from participating in any part of this Giveaway or 5) any warranty of fitness or merchantability of any prize or the function or operation thereof, which shall be the sole responsibility of the manufacturer of the Prize. Unless prohibited by applicable law, your entry constitutes your permission for Sponsor to use your name, photograph, likeness, voice, address (city and state) and testimonials for advertising and/or publicity purposes in connection with this Giveaway only, worldwide and in all forms of media now known or hereafter developed, in perpetuity, without further compensation. By entering or accepting a prize in the Giveaway, each winner agrees to be bound by these Official Giveaway Rules and to conform to all federal, state and local laws and regulations. The potential Grand Prize winner will, and the potential First Prize winners may (or, if potential winner is an eligible minor, the potential winner's parent or legal guardian), be required to execute and return to Sponsor within five (5) business days of notification of winning his/her prize an Affidavit of Eligibility and a Release of Liability form and any additional documents required by Sponsor in connection with the possibility of receiving the prize. Winners may be required to furnish proof of identity, address and birth date in order to receive a Prize.

By entering, an entrant agrees to release and hold harmless Releasees from any damage, injury, death, loss, claim, action, demand, or other liability (collectively, “Claims”) that may arise from their acceptance, possession and/or use of any prize or their participation in the Giveaway, or from any misuse or malfunction of any prize awarded, regardless of whether such Claims, or knowledge of the facts constituting such Claims, exist at the time of entry or arise at any time thereafter. Releasees are not responsible or liable to any entrant or to the winners or any person claiming through such winner for failure to supply any prize or any part thereof, by reason of any acts of God, any action, regulation, order or request by any governmental or quasi-governmental entity (whether or not the action, regulations, order or request proves to be invalid), equipment failure, threatened terrorist acts, terrorist acts, air raid, blackout, act of public enemy, earthquake, war (declared or undeclared), fire, flood, epidemic, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal) labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any other cause.

MISCELLANEOUS: Any person attempting to defraud or in any way tamper with this Giveaway will be ineligible for prizes and may be prosecuted to the full extent of the law. Sponsor reserves the right to modify these Official Giveaway Rules in any way or at any time. Sponsor reserves the right, in its sole and absolute discretion, to cancel or suspend this Giveaway should viruses, bugs or other causes corrupt the administration, security or proper play of the Giveaway. In the event of cancellation or suspension, Sponsor shall promptly post a notice at www.popsugar.com/25586449 and a random drawing will be conducted from among all eligible entries received prior to action taken to select the potential winners. This Giveaway shall be governed by California law without regard to its conflict of laws provisions. By participating in this Giveaway, the parties hereby irrevocably consent to exclusive jurisdiction and venue in the state and federal courts of San Francisco, California for any dispute or litigation arising from or relating to this Giveaway.

The invalidity or unenforceability of any provision of these Official Giveaway Rules will not affect the validity or enforceability of any other provision. In the event that any provision of these Official Giveaway Rules is determined to be invalid or otherwise unenforceable or illegal, the other provisions will remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. Sponsor’s failure to enforce any term of these Official Giveaway Rules will not constitute a waiver of that provision. When terms such as “may” are used in these Official Rules, Sponsor has sole and absolute discretion. Entrants agree to waive any rights to claim ambiguity of these Official Giveaway Rules. Headings are solely for convenience of reference and will not be deemed to affect in any manner the meaning or intent of the documents or any provision hereof. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Giveaway related materials, privacy policy or terms of use on Sponsor’s website located at http://www.sugarinc.com/privacy, and/or the terms and conditions of these Official Giveaway Rules, these Official Giveaway Rules shall prevail, govern and control and the discrepancy will be resolved in Sponsor’s sole and absolute discretion.

The Giveaway is in no way sponsored, endorsed or administered by, or associated with Instagram.

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