David Pomeranz Facebook Sweeps Prizes and Rules

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.

GRAND PRIZE:

  1. A personal Skype call from David to you (with your family and friends in the room, if you wish) during which you can ask him any questions you may have…and he may even sing you a song! 
  2. A posting of your winning picture on David's Facebook page with a personal video announcement from David congratulating you on your accomplishment.
  3. A CD and photo personally signed by David. ($25)

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:

  1. A personally autographed picture from David to you, along with a CD ($25) personally dedicated to you or someone you wish.
  2. A posting of your winning picture on David's Facebook page with a personal video announcement from David congratulating you on your accomplishment.

3rd Place Prize:

  1. A personally autographed picture from David to you.
  2. A posting of your winning picture on David's Facebook page with a personal video announcement from David congratulating you on your accomplishment.

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.

USE OF DATA. Sponsor may collect personal data about entrants in accordance with its privacy policy. Please review the DavidPomeranz.com Private policy at: http://davidpomeranz.com/policies. By participating in the Sweepstakes, entrants hereby agree to Sponsor's collection and usage of their personal information and acknowledge that they have read and accepted Sponsor's privacy policy.

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