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the Ice Ball 2010 - Buffalo's New Years Eve Celebration

Proposal Content Official Rules

  1. Description of the Contest: The Ice Ball New Year's Eve Proposal Contest (the "Contest") is designed offer a sole winner a surprise, on-stage marriage proposal five minutes prior to Midnight at The Ice Ball to take place on 12/31/09 at The Statler Towers in Buffalo, NY. Judges will choose the winning entry and the prize will be awarded in accordance with these Official Rules.
  2. Sponsors: The Contest is sponsored by PoPo Productions, Inc., Mills Jewelers and The Hampton Inn and Suites Downtown Buffalo ("The Sponsors").
  3. Binding Agreement: In order to enter the Contest, you must agree to these Official Rules ("Rules"). Because you will be bound by these Rules and these Rules will form a legally binding agreement with respect to this Contest, please read them carefully. You agree that registration for this Contest and/or a submission of an entry in the Contest constitutes your agreement to these Rules.
  4. How to Enter. No purchase necessary. To enter, fully complete and submit the online entry form available on the Contest entry page located at www.theiceball.com/proposal .Submissions will be accepted beginning at 12:01am Eastern Time (ET) on November 15, 2009 and and must be received no later than 11:59 p.m. ET on December 12, 2009 ("Contest Entry Period"). Each entrant must follow the presented instructions and provide his/her full name, e-mail address, mailing address, phone number and date of birth, along with a story (written solely by such entrant) of up to 400 words about what makes their relationship unique, and why he/she would like to propose marriage on-stage at The Ice Ball New Year's Eve event in Buffalo, New York. As part of the entry process, each entrant must, among other things, also affirm, under perjury of law, that he/she has read these Rules, meets all Contest eligibility requirements and is submitting solely his/her own work, which has not been published previously and which was created solely for participating in this Contest. Information provided must be true, accurate, current and complete. Limit one (1) entry per person. Subsequent entries by an individual will be disqualified. Entries that are late, unintelligible, incomplete, unreadable, damaged, destroyed, delayed, tampered with, forged, misdirected or otherwise not in compliance with these Official Rules will be disqualified. The Sponsors reserves the right, in its sole discretion, to disqualify any entrant who submits an Entry which The Sponsors believes may be defamatory, obscene, profane, offensive, harassing, inappropriate or that may infringe upon or violate another party's rights. In its sole discretion. The Sponsors reserves the right to modify any material submitted prior to posting or otherwise disseminating such materials. Submitted materials will not be returned. All Entries generated by a script, macro or other automated/repetitive electronic means (except as permitted in these Official Rules) will be disqualified and ineligible for the Contest. All requested Entry information must be provided in English to enter and be eligible to win. By entering the Contest, each entrant grants The Sponsors an unrestricted, royalty-free, perpetual right to display, modify, perform, copy and create derivative work from his/her Entry.
  5. Eligibility. Contest open only to individuals who are legal residents of, and eligible to work in, the fifty (50) United States and the District of Columbia from the time of entry through January 2, 2010. At the time of entry, each entrant must be 21 years of age or older, and agree to be bound by these rules. Any individuals (including but not limited to employees, consultants, independent contractors, and interns) who have, within the past six months, performed services for The Sponsors, any organizations responsible for sponsoring, fulfilling, administering, advertising or promoting the contest/sweepstakes or supplying the prize, and their respective parent, subsidiary, affiliated and successor companies, and immediate family and household members of such individuals, are not eligible to enter. "Immediate family members" shall mean parents, step-parents, children, step-children, siblings, step-siblings, or spouses. "Household members" shall mean people who share the same residence at least three months a year.Void outside of the 50 United States and the District of Columbia, and where prohibited by law. All federal, state and local laws apply.
  6. Judging and Selection of Winner: All entries will be judged by a panel of independent judges based on the following judging criteria: 1) details of the story, 2) creativity, and 3) whether the submissions adhered to these Rules. Decisions of the judges are final and binding. In the event there are not enough eligible entries, a prize may not be awarded. If the Winner is not able for whatever reason to accept their prize, then The Sponsors reserve the right to award the prize to another Entrant. The Winner will be notified by December 15, 2009 and will need to select a ring at Mills Jewelers by December 21. The Winner will be asked to sign a commitment form agreeing to perform the on-stage proposal.
  7. Prize: The Winner will receive $2,500 credit from Mills Jewelers towards the purchase of an in-stock or custom designed engagement ring at Mills Jewelers. There is no cash alternative and the prize must be taken as offered, and may only be used to purchase an engagement ring from Mills Jewelers for the sole purpose of an on-stage proposal at The Ice Ball event. The Winner will also receive a gift certificate for a one-night stay at The Hampton Inn & Suites Downtown Buffalo in a jacuzzi suite, to be used on an evening of their choice, subject to availability. The Winner will receive (2) dinner and general admission tickets to The Ice Ball.
  8. Media Activity: By participating in this Contest, you agree and hereby grant The Sponsors permission to use, copy, modify and make available your submissions to the public (with or without attribution to you) for any purpose, such as, but not limited to, press and media communications, without further compensation to you. You also agree to participate in any media or promotional activity regarding the Contest. If you are the winner, you agree that The Sponsors, may use your name and likeness to administer and promote the Contest and to conduct media interviews and promotional events. Further, you allow Mills Jewelers to post your story entries on their website.
  9. Privacy Notice: By participating in this Contest, you agree that The Sponsors can collect your personal information, and that if we cannot collect the required data, you may not be eligible to participate in the Contest. Any personal information collected during the course of the competition will only be used for administering this Contest and for other purposes as outlined in these Rules.
  10. General Conditions: This Contest is governed by the laws of the State of New York, United States. All federal, state and local laws and regulations apply. By participating in this Contest, you agree to be bound by the terms of these Official Rules and by The Sponsor's decisions, which are final and binding on all matters pertaining to this Contest. Return of any prize/prize notification may result in disqualification and selection of an alternate winner. Any potential winner who cannot be contacted within three (3) days of attempted first notification will forfeit his or her prize. The Sponsors are not responsible for any typographical or other error in the printing of the offer, administration of the Contest or in the announcement of the prizes. Entrants certify that their entry is original and that they are the sole and exclusive owner and rights holder of the submitted entry (or if they are not sole and exclusive owner and rights holder of the submitted entry, that they have obtained the necessary permission to include the entry in the Contest) and that they have the right to submit the entry in the Contest. Each entrant agrees not to participate in the Contest in any manner that might (1) infringe any third-party proprietary, intellectual property, industrial property, personal rights or other rights, including without limitation, copyright, trademark, patent, trade secret or confidentiality obligation; or (2) otherwise violate applicable law in any countries in the world.
  11. No Recourse to Judicial or Other Procedures: To the extent permitted by law, the rights to litigate, to seek injunctive relief or to any other recourse to judicial or any other procedure in case of disputes or claims resulting from or in connection with this Contest are hereby excluded, and you expressly waive any and all such rights.
  12. Limitation of Liability: By participating in this Contest, each entrant agrees to be bound by these Official Rules and the decisions of The Sponsors, which are final and binding in all respects. By entering, each entrant agrees to release, discharge, indemnify, and hold harmless the judges and The Sponsors and its affiliates and subsidiaries, and each of their respective employees, officers, shareholders, directors, representatives and agents (collectively, "Releasees") from and against any claims, damages or liability involving or arising out of: (i) late, lost, delayed, misdirected, mutilated, incomplete, unreadable, inaccurate, garbled or unintelligible entries, notices, votes and other materials; (ii) telephone system, technical or computer malfunctions, lost connections, disconnections, transmission or other errors of any kind whether mechanical, human, electronic or otherwise; (iii) data corruption, theft, destruction, unauthorized access to or alteration of entry or other materials; (iv) any injuries, losses or damages of any kind caused, in whole or in part, directly or indirectly, by the prize or resulting from acceptance, possession or use or misuse of any prize or from participating in the Contest or any Contest related activity; or (v) any printing, distribution, typographical, administrative, human or technological errors involving or associated with the Contest. The Sponsors disclaims any liability for damage to any computer system resulting from participating in, or accessing or downloading information in connection with, the Contest. The Sponsors reserve the right, in their sole discretion, to modify, cancel or suspend this Contest (or any portion of the Contest) should any virus, bug, computer problem or other cause or problem corrupt or inhibit the administration, security or proper operation of the Contest and, in such situation (or in the event of any type of error), to select participants, alternates, and/or winner from among the eligible entries received prior to and/or after the action taken or in such manner as deemed fair and appropriate by The Sponsors. In no event will The Sponsors be liable for more than the stated number of prizes in these Official Rules. By entering the Contest, each entrant agrees that: (1) any and all disputes, claims, and causes of action arising out of or connected with the Contest, or any prizes awarded, shall be resolved individually, without resort to any form of class action; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Contest, but in no event will attorneys' fees be awarded or recoverable; and (3) under no circumstances will any entrant be permitted to obtain any award for, and entrant hereby knowingly and expressly waives all rights to seek, punitive, incidental or consequential damages and/or any other damages, other than actual out-of-pocket expenses, and/or any and all rights to have damages multiplied or otherwise increased. The interpretation of these Official Rules shall be governed by the laws of the United States and the District of Columbia exclusively and solely by and within the courts of the District of Columbia with regard to choice of law principles.
  13. Severability: If any provision(s) of these Rules are held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect.

Winner List: The Winner will be disclosed to the public at The Ice Ball on New Year's Eve.