NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT IMPROVE YOUR CHANCES OF WINNING. ALL FEDERAL, STATE AND LOCAL, AND MUNICIPAL LAWS AND REGULATIONS APPLY. VOID WHERE PROHIBITED.
ELIGIBILITY: Everyone on Facebook is eligible to enter. One entry per Facebook User is allowed. There are no age restrictions for this contest. Employees, officers and directors of Upward Spiral Entertainment, subsidiaries, affiliates, partners, dealers, advertising and promotion agencies, manufacturers or distributors of sweepstakes materials and their immediate families (parents, children, siblings, spouse) or members of the same household (whether related or not) of such employees, officers and directors are not eligible to enter.
PROMOTION PERIOD: Promotion begins on or about January 23rd at 2:01 PM EST and ends on January 30th at 2:00 PM EST.
HOW TO PARTICIPATE. To enter, visit https://www.facebook.com/pages/David-Pomeranz/56742368172 (“Promotion Site”) between on or about 2:00 PM EST on January 23rd 2014 and 11:59 PM CST on February 4th 2014, search for the “Play David’s Wacky Picture Game" and follow entry rules from that post.
Limit one (1) entry per person. If more than one (1) entry is received from the same person, only the first entry submitted by that person will qualify for entry in the sweepstakes; subsequent entries submitted by that person shall be disqualified. No automated entry devices and/or programs permitted. All entries become the sole and exclusive property of the Sponsor and receipt of entries will not be acknowledged or returned. Sponsor is not responsible for lost, late, illegible, stolen, incomplete, invalid, unintelligible, misdirected, technically corrupted or garbled entries, which will be disqualified, or for problems of any kind whether mechanical, human or electronic. Proof of submission will not be deemed to be proof of receipt by Sponsor.
The estimated total retail value of the Grand Prize of this Sweepstakes is Twenty Five dollars ($25.00) which value may vary based on the location of the winner’s primary home. The winner is not permitted to substitute the prize for its cash equivalent. The Sponsor reserves the right to substitute any or all of the prizes with any article or service of similar or greater value at its sole discretion. Prizes may not be assigned or transferred. Taxes owed by the winner as a result of the Contest, and any and all other personal and/or incidental costs and expenses of any nature whatsoever, are the sole responsibilities of the winner.
2nd Place Prize:
3rd Place Prize:
CONDITIONS. All federal, state and local taxes are the sole responsibility of the winner(s). Participation in Sweepstakes and acceptance of prize constitutes winner's permission for Sponsor to use his/her name, address (city and state), likeness, photograph, picture, portrait, voice, biographical information and/or any statements made by winner regarding the Sweepstakes or Sponsor for advertising and promotional purposes without notice or additional compensation, except where prohibited by law. By participating, entrants and winner(s) agree to release and hold harmless Sponsor, its advertising and promotion agencies and their respective parent companies, subsidiaries, affiliates, partners, representatives, agents, successors, assigns, employees, officers and directors, from any and all liability, for loss, harm, damage, injury, cost or expense whatsoever including without limitation, property damage, personal injury and/or death which may occur in connection with, preparation for, travel to, or participation in Sweepstakes, or possession, acceptance and/or use or misuse of prize or participation in any Sweepstakes-related activity and for any claims based on publicity rights, defamation or invasion of privacy and merchandise delivery. Sponsor is not responsible if Sweepstakes cannot take place or if prize cannot be awarded due to travel cancellations, delays or interruptions due to acts of God, acts of war, natural disasters, weather or acts of terrorism. Participants who do not comply with these Official Rules or attempt to interfere with this Sweepstakes in any way shall be disqualified.
ADDITIONAL CONDITIONS. In the event of a dispute over who submitted a winning online entry, the authorized subscriber of the e-mail account used to participate in the Sweepstakes at the actual time of entry, will be deemed to be the entrant. The "Authorized Account Subscriber" is defined as the natural person who is assigned an e-mail address by an Internet access provider, online service provider or other organization (e.g. business, education, institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. Sponsor, its affiliates, partners and promotion and advertising agencies are not responsible for technical, hardware, software, telephone or other communications malfunctions, errors or failures of any kind, lost or unavailable network connections, unauthorized human intervention, traffic congestion, incomplete or inaccurate capture of entry information (regardless of cause) or failed, incomplete, garbled, jumbled or delayed computer transmissions which may limit one's ability to enter the Sweepstakes. Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify, extend or suspend this Sweepstakes should (in its sole discretion) virus, bugs, non-authorized human intervention, fraud or other causes beyond its control corrupt or affect the administration, security, fairness or proper conduct of the Sweepstakes. In such case, Sponsor will select the winners from all eligible entries received prior to and/or after (if appropriate) the action taken by Sponsor.
Sponsor reserves the right, at its sole discretion, to disqualify any individual it finds, in their sole discretion, to be tampering with the entry process or the operation of the Sweepstakes or web site. Sponsor may prohibit an entrant from participating in the Sweepstakes or winning a prize if, in their sole discretion, they determine that said entrant is attempting to undermine the legitimate operation of the Sweepstakes by cheating, hacking, deception, or other unfair playing practices (including the use of automated quick entry programs) or intending to annoy, abuse, threaten or harass any other entrants or Sponsor's representatives.
CAUTION. ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
GOVERNING LAW. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of any participant or Sponsor in connection with the Sweepstakes, shall be governed by and construed in accordance with the laws of the State of Florida without giving effect to any choice or conflict of law rules or provisions which would cause the application or the laws of any jurisdiction other that the State of Florida. If any controversy or claim arising out of or relating to the Sweepstakes, the Official Rules, or the breach of any term hereof, cannot be otherwise resolved, it shall be submitted exclusively to the jurisdiction of the state courts of the State of Florida or the federal district courts of Clearwater, Florida.
SPONSOR. Upward Spiral Entertainment, Inc. LLC and David Pomeranz P.O. Box 1681, Clearwater, FL 33757,United States
Effective Date: August 1st, 2013.
Scope of Policy
The Types of Information We Collect
We may collect information about you from a variety of sources, including information we collect from you directly when you make a purchase at the Site, when you complete a registration form or sign up to receive newsletters and other promotional communications from us, and when you communicate directly with us, such as by phone or email; information we collect about you when you visit our Site or view our online advertisements; and information we collect about you from other sources, such as third party partners and affiliates (where permitted by law).
Information We Collect Directly From You, Information We Collect When You Register with Us, Make a Purchase, or Initiate Contact with Us
You are permitted to view our Site anonymously. If you would like to join our mailing list, join the Fan Club, or make a purchase, we will request information from you. Specifically, you may join our mailing list simply by giving us your email address. You may log into our Site and notify your friends about our Site through various social networking sites, as discussed below. If you would like to join the Fan Club, which will enable you to receive certain offers available only to the club, then we will request that you create an account with us. To create an account, we will ask you to create a user ID and password and we also may require you to provide the following information: your name, email address, and contact information.
When you make a purchase from us or request information from us, we also will collect information from you. This information may include, as applicable, purchase information, such as your name, email address, phone number, shipping address, credit card information, and the password and user ID that you create to log into our site. We also will collect information about the details of your request.
Information We Collect About You from Other Sources, Such as Social Networking Sites
Additional Information for Facebook Users
User Generated Content
Portions of our website permit users to submit their own content to blogs, message boards, or similar fora. Upward Spiral is not responsible for the privacy of any information that you choose to submit through a public forum, such as a blog, or for the accuracy of any information contained in those postings. Any information that you disclose becomes public information. We cannot prevent such information from being used in a manner that may violate this Policy, the law, or your personal privacy.
Information We Collect When You Visit Our Site
We automatically collect information about you when you visit Site, such as:
We may combine this Site information with personal information that you provide to us or that we otherwise collect about you.
You may always choose not to provide personal information. If you choose not to provide us with certain personal information, however, certain products and services may not be available to you. For example, you will not be able to make a purchase or place an order through our Site.
How We Use the Information We Collect
We use the information we gather, including personal information, for the following purposes:
Communications From Us
We may communicate with you via phone, e-mail or direct mail about your orders and purchases, or any inquiries you submit to us. For example, we may send you transaction-related communications, such as welcome letters, billing reminders, and purchase confirmations.
Where permitted by law, we also may send you marketing communications, such as surveys or promotional communications. For example, we may send you email about products, services or other information from Upward Spiral, its affiliates or business partners that we think may interest you. If you do not wish to receive marketing communications from us, you may follow the simple unsubscribe instructions contained in each promotional e-mail that we send you.
Please keep in mind that, if you choose not to receive marketing communications, you may continue to receive transactional or account communications (e.g., order confirmations) from us.
How We Share the Personal Information We Collect
We may disclose information about users, including personal information, as necessary to provide the requested services. We also may share your information as described below:
Affiliates. We may disclose the information we collect about you to our affiliates or subsidiaries. If we do so, their use and disclosure of your personally identifiable information will be subject to this Policy.
Service Providers. We may share your personal information with service providers who perform services on our behalf. For example, we may hire other companies to handle the processing of payments, to provide data storage, to host websites, to assist in direct marketing, to conduct audits, etc. We also may share your information with third parties to facilitate the sign-in process through third party social networking websites.
Business Transfers. If we are acquired by or merged with another company, if substantially all of our assets are transferred to another company, or as part of a bankruptcy proceeding, we may transfer the information we have collected from you to the acquiring company.
In Response to Legal Process. We may also disclose the information we collect from you to comply with the law, a judicial proceeding, court order, or other legal process, such as in response to a court order or a subpoena.
Aggregate and Anonymized Information. We may share aggregate or anonymized information about users with third parties for marketing, advertising, research or similar purposes. For example, if we send information on behalf of a third party, we may share aggregate, demographic information with that third party about the users to whom we sent the information or petition.
The Help portion of the toolbar on most browsers will tell you how to prevent your computer from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. Allowing cookies enabled allows you to take full advantage of some of our Site’ features and some features and Services may not function properly if cookies are disabled.
How You May Access Your Personal Information
If you would like to access your personal information for any reason or would like to review, revise or delete information that you previously provided to us, you may send us your request using the information in the “Contact Information” section below.
Security of Your Personal Information
The security and confidentiality of your personal information is extremely important to us. We have implemented commercially reasonable security measures to protect your personal information from unauthorized access and improper use. However, no data security measures can guarantee 100% security all of the time. Therefore, while we strive to protect your personal information, we cannot guarantee its absolute security.
Our Site is not intended to be used by children under 13 years old. We do not knowingly collect personally identifiable information from, or target our Site to, children under the age 13. In accordance with the Children’s Online Privacy Protection Act of 1998, if we discover that a child under 13 has provided us with personally identifiable information, we will remove it from our systems immediately.
We may link to third-party websites that have different privacy policies and practices from those disclosed here. We assume no responsibility for the policies or practices of such linked sites, and encourage you to become acquainted with them prior to use.
Terms and Conditions
Your use of our Site and any dispute over privacy is subject to this Policy and our Terms and Conditionswhich are incorporated by reference into this Policy, including applicable limitations on damages and the resolution of disputes.
If you have any questions about this Policy or our information practices, you may contact us through the Site or at:
Upward Spiral Entertainment, Inc., LLC
P.O. Box 1681
Clearwater, FL, 33757
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Special thanks to those that contributed to making the site beautiful, either through their photography, design or hard work. Your help and dedication to this project is priceless and I am grateful for all of you and what you do. ~ DAVID