Zoosk Then Came Love Video Contest Official Rules

Full Contest Rules:

NO PURCHASE OR PAYMENT OF ANY MONEY IS NECESSARY TO ENTER.  A PURCHASE WILL NOT IMPROVE THE CHANCES OF WINNING.  ODDS OF WINNING WILL DEPEND ON THE TOTAL NUMBER OF ELIGIBLE ENTRIES RECEIVED AND ON THE SKILL OF THE ENTRANT. VOID WHERE PROHIBITED BY LAW OR WHERE REGISTRATION OR BONDING REQUIRED.  VALID IN THE 50 UNITED STATES AND THE DISTRICT OF COLUMBIA ONLY. SUBJECT TO ALL FEDERAL, STATE AND LOCAL LAWS.

The Then Came Love Contest (the “Promotion”), sponsored by Zoosk, Inc. (“Zoosk” or the “Sponsor”), is subject to these official rules (these “Official Rules”). Entering or voting in this Promotion constitutes your acceptance of these Official Rules.

1.     Eligibility.  To be eligible to enter the Promotion, entrants (including both members of the couple who are the subject of the story) must (i) be current legal U.S. residents; (ii) at least 21 years of age; and (iii) be existing or previous members of Zoosk who met each other on Zoosk.  Employees of Zoosk and its parent and affiliate companies as well as the immediate family (spouse, parents, siblings and children) and household members of each such employee are eligible to participate by submitting an Entry (as defined below) and/or voting but are not eligible to enter or win any prize.

2.     Competition Period. The Promotion begins on October 13, 2016 at 9:00 AM Pacific Time (“PT”) and ends on November 28, 2016 at 11:59 PM PT (the “Promotion Period”). Dates and times subject to change.

3.     How to Enter.  To enter the Promotion, visit Zoosk’s Facebook page: http://bit.do/thencamelovecontest during the Promotion Period, and follow the instructions to upload a video of you and your partner whom you met on Zoosk answering the following questions:

1. What was the first thing that caught your eye about your partner’s Zoosk profile?
2. When was the first time you realized you really liked or loved your partner?
3. What’s your biggest pet peeve about your partner? (What is one thing they do that drives you crazy?)

All video submissions must meet the Entry Requirements listed below to be considered eligible for a Prize (as defined below).

You must have a public Facebook account to submit a video in the Promotion. If you do not have a Facebook account, and you would like to sign up, you can do so at www.facebook.com. Facebook is not a sponsor of this Promotion. Your Facebook account will be subject to Facebook’s terms of use, privacy policy, and other governing documents. Uploading a video on Zoosk’s Facebook page during the Promotion Period constitutes your agreement to these Official Rules.

Zoosk’s computer is the official time-keeping device for the Promotion.  Time and eligibility of Entry will be determined by Zoosk in its sole discretion.

Entries must be received during the Promotion Period. Limit one (1) entry per couple. If entrant submits more than one video, the first video submission received will be judged and each subsequent video will be disqualified. Any attempt by any entrant to obtain more than the stated number of entries by using multiple or different email addresses, identities, registrations and logins, or any other methods will void such entries and that entrant (and, subject to Zoosk’s discretion, the entrant’s partner) may be disqualified. Use of any automated or computer system to participate is prohibited and will result in disqualification. Normal Internet access and data/usage charges may apply. If entering via mobile device, normal phone/data and usage charges imposed by your phone service may apply.

4.     Entry Requirements.  Videos submitted in connection with this Promotion (each an “Entry” and collectively “Entries”) must meet and comply with the criteria listed below (“Entry Requirements”):

• Answers in the videos must be in English.

• Entries must feature you and the partner you met on Zoosk, and may feature additional people in the video. For each individual featured in the video, you affirm that you have all necessary consents and permissions to submit their image, name, likeness, voice, opinions, biographical information, endorsement, photograph, video, residence and any reproduction or simulation thereof (collectively, “Likeness”) in this Promotion. If any additional person is a minor in his or her state of primary residence, entrant must be parent or legal guardian of minor depicted. Your partner and/or any additional people in the video (or entrant as parent or legal guardian) may be required to sign a release form in Zoosk’s sole discretion.

• Entries must be original, unpublished work and not violate any third-party rights, and the entrant must have all rights necessary to submit the Entry. Without limiting the generality of the foregoing, publicly displayed and publicly accessible Zoosk content, materials, or products are permitted to be displayed in Entries submitted for this Promotion.

• Any clothing shown in the video should not contain any visible logos, drawings, cartoons, phrases, trademarks or other third-party content or materials (but showing publicly displayed or publicly accessible Zoosk content, material, and products as described above is permitted).

• Entries may not contain material that is obscene, defamatory, libelous, threatening, pornographic, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, or violate any law.

• Entries must be appropriate for viewing by the general public; appropriateness will be determined by Zoosk. Any entry deemed inappropriate or unsuitable, in Zoosk’s sole discretion, will be disqualified.

• Entries must not contain content that is known by you to be false, inaccurate or misleading. Entries must not include any representation of celebrities, athletes, musicians, or any other third-party (public or private), include any anti-social, political or religious groups, any commercial solicitation or promotional materials or name, address, phone number, or URL address. Entries must not contain advertisements, personal solicitations or commercial solicitations.

• Videos may not be owned by a professional videographer.

• Entries must not violate the terms of use for Facebook.

• Entries must not contain viruses, Trojan horses, worms, bots, spyware or any other computer code that is intended to damage, interfere with, or surreptitiously intercept or expropriate any system, data or information.

Entrants and all submitted Entries must be in keeping with Zoosk’s image as determined by Zoosk, in its sole discretion, or entry will be disqualified from the Promotion. Entries must not disparage persons or organizations associated with Zoosk.

Zoosk reserves the right, in its sole discretion, to disqualify videos which Zoosk determines at any time in its sole judgment fail to meet any of the Entry Requirements or these Official Rules. Such videos will be removed from Zoosk’s Facebook page and will not be eligible for a Prize in this Promotion.

In the event of a dispute as to any entrant, the authorized account holder of the account will be deemed to be the entrant.  The “authorized account holder” is the natural person assigned to the account by an Internet access provider, online service provider or other organization responsible for assigning addresses for the user name associated with the submitted address. If the entrant is selected as a Winner (see below), the Prize shall be awarded to the entrant and the entrant’s partner he/she met on Zoosk and featured in the video Entry. Each potential Winner (and the Winner’s partner) may be required to show proof of being the authorized account holder.  Entries specifying an invalid, non-working, or inactive email address will be disqualified and ineligible to win.

5.     Ownership/Use of Entries.  By submitting an Entry, you agree that Zoosk and its designees may edit, publish, use, adapt, exploit, modify, copy, disseminate, or dispose of any entry, the concepts embodied therein, or any elements thereof, proper names, online, in print, film, television, social media, or in any other media now known or hereafter devised for advertising and promotional purposes worldwide in perpetuity without compensation or notification to or permission from the entrant of any kind, except as prohibited by law. Except where prohibited, participation in the Promotion constitutes entrant’s consent for Zoosk’s use of entrant’s Entry and his or her and his or her partner’s and any other video entrant’s Likeness for advertising and promotional purposes in any media without further payment or consideration.  Winner (and Winner’s partner) may be required to sign an affidavit of eligibility, liability release and a publicity release that, among other things, will further allow Zoosk to use a Winner’s (and the Winner’s partner’s) Likeness for publicity and advertising and promotional purposes without further compensation where permitted by law. 

6.     Voting.  This contest involves participation by members of the public, who can vote for an Entry on Zoosk’s Facebook page. Votes will be permitted until November 30, 2016 at 11:59 PM PT (the “Voting Period”). A voting participant does not need to be an existing or previous member of Zoosk to vote, but must have an active Facebook account in order to cast a vote for an Entry. By participating in the voting portion of the contest, each voting participant agrees to be bound by these Official Rules.

The voting participant may cast one (1) vote per day during the Voting Period.  All voting must be done by the actual person casting the vote. A person may not vote on behalf of another person. An entrant may encourage other persons to vote for his or her Entry, including by sending emails, text messages and/or by promoting a link to the Entry on social media. Entrant agrees that all postings on social media sites, including Facebook, shall disclose that entrant is participating in a Promotion sponsored by Zoosk, by using terms such as “Promotion,” “Contest,” “Sponsored,” “#Ad,” “#Spon,” “#Contest,” or similar language. Email and text messages should be sent only to your friends and family members who consent to receive messages from you.

Entrants (and other persons) are expressly prohibited from soliciting or obtaining votes by any fraudulent or inappropriate means, which include, without limitation, offering prizes, payments, reciprocal votes, or other inducements of any kind, or participating in voting boards, voting exchanges, voting swaps, or similar sites or methods, all as determined by Zoosk in its sole discretion. Any attempt to use multiple or different email addresses, identities, logins, or any other methods to vote more than the stated limit (including but not limited to, votes generated by a robotic, programmed, script, macro, other automated means or other source), or in other violation of these Official Rules, will void that voter’s votes and that Entry may be disqualified in Zoosk’s sole discretion. Votes intended to impact the integrity of the voting process as determined by Zoosk in its sole discretion are void.  If the contest includes the use of an internet tool and the internet voting process fails to operate properly or appears to be tampered with or tainted with errors, fraud or unfair practices, Zoosk reserves the right to use another means to determine the winner(s), i.e. eliminating the Voting Component and relying 100% on the Judging Component, as described below. All decisions Zoosk are final.

7.     Selection of Winners.  The object of the Promotion is to most creatively and compellingly convey your heart-warming story about (1) what the first thing that caught your eye about your partner’s Zoosk profile was, (2) when you first realized you really liked or loved your partner, and (3) what your biggest pet peeve about your partner is or what the one thing your partner does that drives you crazy is. Entries received will be judged based on the following criteria: 30% of the score (the “Voting Component”) will be determined by the number of votes received from members of the public and 70% of the score will be determined by judging done by Zoosk or its designees based on the satisfaction of the Entry Requirements, compliance with these Official Rules, composition and overall quality of the video Entry, creativity, originality, and overall impression and alignment with Zoosk values and brand (collectively, the “Judging Component”). In the unlikely event of a tie, Zoosk or its designees in its sole discretion will cast determine the winner based 100-percent (100%) on the judging criteria.

The Entry that is judged to receive the highest score based on combination of the Voting Component and the Judging Component will be deemed the potential Winner, subject to verification.

8.     Notification of Winners.  Becoming a Winner is subject to validation and verification of eligibility and compliance with all of the terms and conditions set forth in these Official Rules. On or about December 5, 2016, Zoosk will attempt to notify the potential Winner by Facebook direct message or comment on the Entry and/or by email, and the potential Winner will have 10 days from notification to respond. As a condition of accepting the Prize, Sponsor may require the Winner and the Winner’s partner to show proof of identification, an affidavit of eligibility, a publicity release, a liability release, and/or other documents. You must execute and return all documents to Sponsor within two (2) weeks of the date any such documents are sent to you or your Prize may be forfeited (in Sponsor’s sole discretion). If, in Sponsor’s sole discretion, you are found to be ineligible or not in compliance with these Official Rules, or if Sponsor is unable to contact you, and/or you do not respond and/or return required documentation within the applicable time periods, you will forfeit the Prize and Sponsor may select an alternate potential winner based on the criteria set forth in Section 7.

Once the Winner has been confirmed, Zoosk will announce the Winner on Zoosk’s blog and/or on social media platforms such as Facebook.

Zoosk is not responsible for any delay or failure to receive notification for any reason, including inactive account(s), technical difficulties associated therewith, or the Winner’s or the Winner’s partner’s failure to adequately monitor any account.

A.   Zoosk will fulfill and coordinate the following Prize (as defined below) to the Winner and Winner’s partner:

1. Round trip economy airfare for TWO (2)people from the airport closest to the Winner’s or the Winner’s partner’s residence to a San Francisco area airport (departure and/or arrival airport(s) and airfare company to be determined at the sole discretion of Zoosk);
2. THREE (3) hotel night accommodations for two (2) people in ONE (1) standard room (two guests to be accommodated in one single room, room and hotel to be determined at the sole discretion of Zoosk), two of three nights in San Francisco area, California, United States of America and one of three nights in Napa area, California, United States of America;
3. TWO (2) tickets for admission to the Museum of Modern Art located in San Francisco, California, United States of America;
4. ONE(1) dining credit to be used for dinner at a restaurant located in San Francisco to be determined at the sole discretion of Zoosk;
5. Ground transportation for TWO (2) people to and from the San Francisco area airport;
6. Winner and the Winner’s partner may choose, subject to availability and scheduling, either (i) bike rental and tour in and/or around San Francisco, California, United States for TWO (2) people, OR (ii) ONE (1) dining credit to be used for brunch at a restaurant located in San Francisco (restaurant to be determined at the sole discretion of Zoosk);
7. Winner and the Winner’s partner may choose, subject to availability and scheduling, either (i) ONE (1) hot air balloon tour and breakfast for TWO (2) people, OR (ii) ONE (1) chauffeured wine tasting tour for TWO (2) people in Napa area, California, United States, subject to availability and scheduling;
8. ONE (1) tour of the Zoosk offices for TWO (2) people, subject to scheduling; and
9. Up to Five Hundred United States Dollars (USD $500.00) to spend during the trip (altogether, the “Prize”).

Total approximate value of the Prize is $4,800 United States Dollars.

B.    The following conditions apply to the Prize:

1. The Prize must be used before December 31, 2017. Trip must be taken on dates agreed upon by Zoosk. If Winner and/or the Winner’s partner cannot travel on the dates specified, the Prize will be forfeited.
2. The Winner must travel with the Winner’s partner he/she met on Zoosk and featured in the video Entry. Each potential Winner (and the Winner’s partner) may be required to show proof of identify.  Zoosk shall have the ultimate right to determine the identity of Winner and the Winner’s partner in its sole discretion.
3. Winner and Winner’s partner must possess valid identification and are solely responsible for obtaining all necessary and required travel documents in order to travel. Zoosk shall not be responsible for any cancellations, delays, diversions or substitution or any act or omissions whatsoever by the air carriers, hotels or other transportation companies or any other persons providing any of these services and accommodations to passengers including any results thereof such as changes in services or accommodations necessitated by same. Zoosk shall not be liable for any loss or damage to baggage.
4. All travel arrangements must be made through Zoosk or a travel agent selected by Zoosk. Winner and Winner’s partner must travel together. Once the arrangements are completed, no modifications will be accepted. All accepted parts of the Prize must be used by the Winner and the Winner’s partner during the same trip.
5. If Winner or Winner’s partner lives within a 200-mile radius of the destination, the Prize will not include the air-transportation portion of the Prize and ground transportation will be substituted and no additional compensation will be provided.
6. Winner and Winner’s partner will be responsible for all gratuities, additional meals and beverages, ground transportation, transportation to and from home to and from the airport, fees, taxes, and any other incidental costs or expenses not identified in these Official Rules and in the Prize description above.
7. TAXES, IF ANY, RELATED TO THE PRIZE ARE THE RESPONSIBILITY OF THE WINNER AND THE WINNER’S PARTNER.
8. Airfare, hotel accommodations, transport, and meals and activities included in the Prize will be arranged at Zoosk’s discretion – certain blackout dates and travel restrictions may apply, typically around all major US holidays and peak travel season.
9. Winner’s partner accompanying the Winner must have reached the age of twenty-one (21) years old at the time of travel.
10. Winner (and Winner’s partner) must select his/her travel dates within sixty (60) days of the receipt by Zoosk of his/her completed and signed release.
11. No compensation will be awarded to the Winner or the Winner’s partner if the actual value of the traveling expenses is less than the approximate retail value detailed hereinabove.
12. If the Prize or any part of the Prize is not used, no compensation will be awarded to the Winner or the Winner’s partner.
13. The Prize may be accepted by the Winner and the Winner’s partner in whole or in part. In the event that the Prize is accepted in part by the Winner and the Winner’s partner, Zoosk shall have no other obligation than to provide to Winner and the Winner’s partner such accepted part of the Prize. Winner and the Winner’s partner shall not be entitled to claim any part of the Prize that he/she has refused and Zoosk shall be released of any obligations pertaining to such refused part of the Prize.
14. No prize substitution or cash redemption allowed by the Winner or the Winner’s partner. The Prize is not transferable. Zoosk reserves the right to substitute a prize of equal or greater value if any portion of the featured Prize becomes unavailable.

The winning couple is responsible for any loss of prize after it has been delivered. Zoosk will not replace any lost or stolen prizes, including tickets, travel vouchers, certificates or similar items once they are in Winner’s possession, or in the possession of Winner’s partner.

10.  Conditions of Participation.  By submitting an Entry for this Promotion, you agree (i) to abide by these Official Rules and any decision Zoosk makes regarding this Promotion, which Zoosk or its designees shall make in their sole discretion and (ii) to cooperate with Zoosk to enable Zoosk to use the Entry videos for promotional purposes.  Zoosk reserves the right to disqualify and prosecute to the fullest extent permitted by law any entrant or winner who, in Zoosk’s reasonable suspicion, tampers with Zoosk site, the entry process, intentionally submits more than the allowed entries, violates these Official Rules, or acts in an unsportsmanlike or disruptive manner or with the intent to annoy, abuse, threaten, or harass any other person.

11.  Intellectual Property and Warranty. Entrants warrant that their video is their own original work and, as such, they are the sole and exclusive owner and rights holder of the submitted video and that they have the right to submit the video in the Promotion and grant all required licenses. Each entrant agrees not to submit any video that: (a) infringes any third party proprietary rights, intellectual property rights, industrial property rights, personal or moral rights or any other rights, including without limitation, copyright, trademark, trade names, industrial designs, patent, trade secret, privacy, publicity or confidentiality obligations; (b) otherwise violates applicable state, federal, or local law; (c) Entry and materials and information provided do not contain information considered by entrant, its employees or personnel, or any other third party to be confidential. By participating in the Promotion, each entrant grants to Zoosk a non-exclusive, worldwide, fully paid, royalty-free, perpetual, transferable license to reprint, display, reproduce, perform, use, and exhibit (including the right to make derivative works of) the Entry and materials and information submitted on and in connection with the Promotion or use or receipt of the prize for any and all purposes in any medium. If the Entry or information or materials provided by entrant contain any material or elements that are not owned by entrant and/or which are subject to the rights of third parties, entrant represents he or she has obtained, prior to submission of the Entry and information or materials, any and all releases and consents necessary to permit use and exploitation of the Entry and information and materials by Zoosk in the manner set forth in the Official Rules without additional compensation.  ENTRANT WAIVES ANY MORAL RIGHTS HE OR SHE MAY HAVE TO THE SUBMISSIONS, AND AGREES THAT IF ZOOSK ELECTS TO USE SUBMISSIONS FOR ANY PURPOSE, ALL RIGHTS UNDER COPYRIGHT OR OTHER INTELLECTUAL PROPERTY RIGHTS WHICH MAY RESULT FROM THAT RELATING TO ENTRANT’S SUBMISSIONS OR FROM USE OF THE SAME BY ZOOSK SHALL BE THE SOLE PROPERTY OF ZOOSK. ENTRANT FURTHER AGREES THAT IF ZOOSK ELECTS TO USE ENTRANT’S SUBMISSIONS, ENTRANT WILL EXECUTE ANY DOCUMENTS REQUESTED BY ZOOSK REGARDING THIS ASSIGNMENT. IF ANY USE BY ZOOSK OF THE SUBMISSIONS CAUSES IT TO BE LIABLE TO ANY THIRD PARTY, ENTRANT AGREES TO INDEMNIFY ZOOSK AND ITS AGENTS, EMPLOYEES, AFFILIATES, SUBSIDIARIES, REPRESENTATIVE AND ALL RELATED PARTIES FROM AND AGAINST ANY AND ALL DAMAGES, COSTS, JUDGMENTS AND EXPENSES (INCLUDING REASONABLE ATTORNEY FEES) WHICH IT INCURS AS A RESULT OF ITS USE OF THE SUBMISSIONS.

Entrant agrees that Zoosk has the right to verify the ownership and originality of all Entries and that, upon Zoosk’s request, entrant must submit a written copy of any release or permission entrant has received from a third party granting entrant the right to use such property.  Entrant understands and acknowledges that in the event a submission is selected as a winning Entry, and entrant’s ownership, rights and the originality of the Entry cannot be verified to the satisfaction of Zoosk or is in any other way ineligible, Zoosk may select an alternate winner based on the same judging criteria.

Each entrant understands and acknowledges that Zoosk has wide access to ideas, designs, and other materials, and that new ideas are constantly being submitted to it or being developed by their own employees. Each entrant also acknowledges that many ideas may be competitive with, similar or identical to the entry and/or each other in theme, idea, format or other respects. Each entrant acknowledges and agrees that such Entrant will not be entitled to any compensation as a result of Zoosk’s use of any such similar or identical material. Each entrant acknowledges and agrees that the Zoosk does not now and shall not have in the future any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of the copyright in and to the entry. Finally, each entrant acknowledges that, with respect to any claim by entrant relating to or arising out of Zoosk actual or alleged exploitation or use of any entry or other material submitted in connection with the Promotion, the damage, if any, thereby caused to the applicable entrant will not be irreparable or otherwise sufficient to entitle such entrant to seek injunctive or other equitable relief or in any way enjoin the production, distribution, exhibition or other exploitation of the entry or any material based on or allegedly based on the entry, and the entrant’s rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law.

12.  Disclaimer, Release and Limitations on Liability. ZOOSK DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING ANY PRIZE OR YOUR PARTICIPATION IN THE PROMOTION.  BY ENTERING THE PROMOTION OR RECEIPT OF ANY PRIZE, EACH ENTRANT AGREES TO RELEASE AND HOLD HARMLESS ZOOSK, FACEBOOK AND THEIR RESPECTIVE SUBSIDIARIES, AFFILIATES, SUPPLIERS, DISTRIBUTORS, ADVERTISING/PROMOTION AGENCIES, AND PRIZE SUPPLIERS, AND EACH OF THEIR RESPECTIVE PARENT COMPANIES AND EACH SUCH COMPANY’S OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS AND PARTNERS (COLLECTIVELY, THE “RELEASED PARTIES”).The Released Parties are not responsible for illegible, lost, late, incomplete, misdirected, or undeliverable email or Entries; or for any computer, telephone, satellite, cable, network, electronic or Internet hardware or software malfunctions, failures, connections, or availability, or garbled, corrupt or jumbled transmissions, service provider/Internet/web site/use net accessibility, availability, or traffic congestion, or any technical, typographical, or other error, or unauthorized human intervention, or the incorrect or inaccurate capture of registration information, or the failure to capture, or loss of, any such information. Sponsor and the Released Parties assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, or technical error. Sponsor reserves the right, in its sole discretion and without prior notice, to suspend or cancel the Promotion or alter the rules for any reason, including but not limited to alteration or corruption of the administration of the Promotion by computer virus, technical problem, or other unforeseeable event.

13.  Binding Nature, Waiver, Indemnification. By entering the Promotion, you agree: (a) to be bound by these Official Rules and by all applicable laws and decisions of Sponsor, which shall be binding and final; (b) to waive any rights to claim ambiguity with respect to these Official Rules; (c) to waive all of your rights to bring any claim, action, or proceeding against the Sponsor or the Released Parties in connection with Promotion; and (d) to forever and irrevocably agree to release, defend, indemnify, and hold harmless the Sponsor and the Released Parties from any and all claims, lawsuits, judgments, causes of action, proceedings, demands, fines, penalties, liability costs and expenses (including, without limitation, reasonable outside attorneys’ fees) that may arise in connection with: (i) the Promotion, the awarding of any Prize, or any activities engaged in in connection with the Promotion, including but not limited to your participation or inability to participate in the Promotion, (ii) typographical or printing errors in these Official Rules or any Promotion materials, (iv) any change in any Prize (or any components thereof) due to unavailability, or due to reasons beyond Sponsor’s control, (v) any interruptions in or postponement, cancellation, or modification of any Promotion, (vi) human error, (vii) incorrect or inaccurate transcription, receipt or transmission of any Entry, (viii) any technical malfunctions or unavailability of the website or any telephone network, computer system, computer online system, computer timing and/or dating mechanism, computer equipment, software, or Internet service provider, or mail service utilized by Sponsor, any of the Released Parties or by you, (ix) interruption or inability to access the website or any online service via the Internet due to hardware or software compatibility problems, (x) any lost/delayed data transmissions, omissions, interruptions, defects, and/or any other errors or malfunctions, (xi) any late, lost, stolen, mutilated, misdirected, illegible, delayed, garbled, corrupted, destroyed, incomplete, undeliverable or damaged Entries, (xii) any wrongful, negligent, or unauthorized act or omission on the part of any of the Released Parties, (xiii) lost, late, stolen, misdirected, damaged or destroyed Prizes (or any element thereof), or (xiv) the negligence or willful misconduct by you. SPONSOR AND RELEASED PARTIES ARE NOT RESPONSIBLE FOR ANY INJURY OR DAMAGE, WHETHER TO YOU OR TO ANY OTHER PERSON OR TO ANY PROPERTY, RELATED TO OR RESULTING FROM YOUR PARTICIPATION IN THE PROMOTION AND/OR ACCEPTANCE OR USE OF ANY PRIZE. BY PARTICIPATING IN THE PROMOTION, OR THE USE OF ANY PRIZE, YOU EXPRESSLY ASSUME ALL LIABILITY AND RESPONSIBILITY FOR YOUR PARTICIPATION AND AGREE THAT PARTICIPATION IS SOLELY AT YOUR OWN RISK.

14.  Governing Law.  This Promotion and the rights and obligations of Sponsor, entrants and voting participants will be governed by and controlled by the laws of the State of California, applicable to contracts made and performed therein without reference to the applicable choice of law provisions.  All actions, proceedings or litigation relating hereto will be instituted and prosecuted solely within the State of California, Santa Clara County.  Entrant agrees that: (i) any and all disputes, claims and causes of action arising out of or connected with this Promotion shall be resolved individually, without resort to any form of class action; (ii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Promotion, but in no event attorneys’ fees; and (iii) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased.

15.  Entrant’s and Voter’s Personal Information.  Information collected from entrants and voters is subject to the Zoosk Privacy Policy, which is available at https://www.zoosk.com/en/privacy?from=footer. Entrants should be aware that Zoosk and/or Facebook, which hosts the Zoosk page on which the Promotion is run, may be collecting non-public, personally-identifiable information about them in connection with the operation of the Promotion. Subject to applicable law, Zoosk and Zoosk’s agents, affiliates, subsidiaries, representatives, partners or service providers may use entrants’ personal information submitted with entry for purposes of prize fulfillment and/or for future advertising, promotional or other purposes.

16.  Winners List.  The Winner and a copy of these Official Rules will be available upon request once the Winner is selected and for 90 days thereafter. Individuals may request such information by submitting a self-addressed stamped envelope to Zoosk “Then Came Love” Contest, Winners List Request, Zoosk, Inc. 989 Market Street, Sixth Floor, San Francisco, CA 94103.  Vermont residents may omit postage.

17.  Sponsor.  The sponsor of this Promotion is Zoosk, Inc. located at 989 Market Street, Sixth Floor, San Francisco, CA 94103. For clarity and without limitation, the Contest is not sponsored, endorsed, administered by or associated in any way with any third party, including without limitation, Facebook.