The Diamond Dash: Dash For A Diamond & A Cure

Official Rules

NO PURCHASE OR PAYMENT NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.

You must have: 1) a cellular phone that is capable of sending and receiving text messages; and 2) a cellular phone that is capable of taking pictures or a digital camera. Standard rates apply to all texts sent and received during the Dash.

1. Eligibility

The Diamond Dash: Dash For A Diamond & A Cure (the “Dash”) is open only to individuals who meet all of the following requirements at the time of entry: 1) legal resident of New York, New Jersey, Connecticut or Pennsylvania who is single (not married) and 21 years or older; 2) be in a heterosexual relationship or same-sex relationship with another person (21 years or older) and be prepared to get engaged; and have: a) a cellular phone that is capable of sending and receiving text messages; and b) a cellular phone that is capable of taking pictures or a digital camera. Void in all other U.S. states, territories and possessions and where prohibited by law. Employees of Michael C. Fina Co., Inc., Proteus Productions, LLC or any of their respective affiliates, subsidiaries, advertising agencies, or any other company or individual involved with the design, production, execution or distribution of the Dash and their immediate family (spouse, parents and step-parents, siblings and step-siblings, and children and step-children) and household members (people who share the same residence at least three (3) months out of the year) of each such employee are not eligible. The Promotion is subject to all applicable federal, state and local laws and regulations. Participation constitutes entrant's full and unconditional agreement to these Official Rules and Sponsor’s decisions, which are final and binding in all matters related to the Promotion. Winning a prize is contingent upon fulfilling all requirements set forth herein.

2. Sponsor

Michael C. Fina Co., Inc. 545 Fifth Avenue, New York, NY 10017.

3. Registration Period

The registration period for the Dash is between August 30, 2010 at 12:00 a.m. Eastern Standard Time (“EST”) and September 19, 2010 at 11:59 p.m. EST (the “Registration Period”). Sponsor is the official time keeper.

4. How to Register

To register go to www.diamonddash.com during the Registration Period. Registration is free. Then provide your name, email address, mobile phone number, address, t-shirt size and marital status (the “Team Captain”). The Team Captain must then provide the name, email address, address, t-shirt size and marital status of his or her partner (the “Partner”). The mobile phone number the Team Captain provides during Registration will be used to send and receive text messages during the Dash (if selected for the Dash as explained below). A Couple is defined as the Team Captain and his or her Partner. The Couple must be in a heterosexual relationship or same-sex relationship with one another and both be single (not married) and be prepared to get engaged. Individuals that are legally married are not eligible to enter or compete in the Dash. Both the Team Captain and his or her Partner must be over 21 years of age. A person may only register for the Dash once (as either a Team Captain or Partner) and be a part of only one (1) Couple. At the conclusion of the Registration Period, the Sponsor will randomly select Five Hundred (500) Couples to compete in the Dash. On or about September 21, 2010 an email will be sent to the Five Hundred (500) Team Captains whose Couple has been selected to participate in the Dash (the “Dash Email”). The Couple will have to follow the directions in the Dash Email to confirm their place in the Dash. The Dash Email will contain details regarding the start location and time for the Dash. Only Couples that receive the Dash Email will be able to participate in the Dash.

5. The Dash

WHILE COMPETING IN THE DASH DO NOT DO ANYTHING THAT JEOPARDIZES YOUR SAFETY, THAT OF YOUR PARTNER OR THOSE AROUND YOU. WHILE COMPETING IN THE DASH DO NOT DO ANYTHING ILLEGAL AND STRICTLY OBEY ALL LAWS.

A.     Dash Check In: Check In for the Dash will be at Water Taxi Beach which is located along the East River on the north side of Pier 17 (or as otherwise stated in the Dash Email). Check In for the Dash will be between 9 a.m. EST and 11:30 a.m. EST on September 25, 2010 (or as otherwise stated in the Dash Email). The Couple must Check In in order to be able to compete in the Dash. Each member of the Couple must bring and present a state issued ID (with picture) or a Passport to register at Check In. The Team Captain must have his or her cellular phone (the mobile phone number that was entered during the online Registration) and present it to the Sponsor at Check In. At Check In, the couple will receive two (2) t-shirts (that must be worn during the entire Dash), two (2) bottles of water and a map of New York City. At Check In both the Team Captain and the Partner will be required to sign a Safety Release and Publicity Release. Any Couple that does not follow the Check In steps will not be able to compete in the Dash.

B.     Designated Dash Locations: The Dash starts on September 25, 2010 at 12 noon EST (or as otherwise stated in the Dash Email). At the start of the Dash, the Team Captain will have to send a text to the short code provided to receive the initial clue. The Couple will evaluate the initial clue and use their knowledge and skill to figure out the first Dash location (the “First Dash Location”). Once the Couple gets to the First Dash Location they will receive a sheet of paper (“Dash Clue Sheet”) that contains numerous clues of locations around New York City (the locations are individually and collectively known as “Designated Dash Locations”). Each Couple should evaluate the clues to determine the Designated Dash Locations. It is up to the Couple to use their knowledge and skill to solve all the clues and determine the quickest way to get to each Designated Dash Location throughout New York City. It will be up to each Couple to decide what they believe is each Designated Dash Locations and the quickest way to get to all the Designated Dash Locations.

C.     Photos at Designated Dash Locations. At each Designated Dash Location there will be a Dash poster board (“Dash Poster Board”) and Sponsor representative. The Couple must then take a picture (using their cellular phone or camera) of themselves that also shows the Dash Poster Board in the background (“Dash Location Photo”). Both members of the Couple (Team Captain and his or her Partner) and the Dash Poster Board must appear in the Dash Location Photo. The Sponsor and its representatives in the Dash are not allowed to take a Dash Location Photo for the Couple. The Sponsor will have sole discretion to decide if a photo meets these requirements and is deemed a valid Dash Location Photo. Sponsor’s decisions shall be final and binding.

D.     Collection of Letters at Dash Locations. On each Dash Poster Board or Designated Dash Locations there will be code word (or words) (“Dash Verification Code”). The Couple will then use its Dash registered cellular phone to text the Dash Verification Code to the designated short code. All Couples that correctly text the Dash Verification Code will be texted a letter (“Dash Letter”). The Couple should write down the Dash Letter on the Dash Clue Sheet. Once a Couple has gone to each Designated Dash Location they will have all of the Dash Letters. The Couple will then need to rearrange the Dash Letters with any other letters provided on the Dash Clue Sheet to reveal a word or phrase (the “Dash Anagram”). The Couple can attempt to solve the Dash Anagram at anytime during the event (even before they have visited all the Designated Dash Location and received all the Dash Letters).  Once the Couple believes they correctly know the Dash Anagram they should text the Dash Anagram to the Sponsor at the short code provided. Once the Couple texts the Dash Anagram to the Sponsor they will receive a message that informs them that they did so. If the Couple has not visited all Designated Dash Locations, the Couple should still continue on in the Dash to collect the maximum Dash Points (as defined and described below in the next section)

E.     Collection of Dash Points. Every time a Couple correctly texts a Dash Verification Code to the Sponsor, the Couple will receive one (1) point (“Dash Point”), pending verification of the Dash Location Photo. If the Couple texts the correct Dash Anagram to the Sponsor they will receive a bonus Dash Point. The total amount of Dash Points available is equal to one more than the number of Designated Dash Locations (“Maximum Dash Points”). Only texts that the Sponsor receives will be considered to collect Dash Points. Proof of sending a text will not be considered unless the Sponsor received the text.

F.     Selection of Five (5) Dash Finalists: The first five (5) Couples to receive the Maximum Dash Points will be the Dash finalists (“Dash Finalists”), pending verification of the Dash Location Photos. Once a Couple has sent the final text to receive the Maximum Dash Points the Couple should make their way back to the Michael C. Fina store located at 545 Fifth Avenue. This portion of the Dash will end exactly at 4 p.m. EST on September 25, 2010 (“Dash End Time”). After the Dash End Time the Sponsor will not accept anymore texts and all Dash Poster Boards will be taken down. At the Dash End Time all Couples are instructed to make their way back to the Michael C. Fina store. The Couples will then have (1) hour to return back to the Michael C. Fina store. If a Couple does not return by 5 p.m. EST, they are disqualified .If less than five (5) Couples receive Maximum Dash Points, the Sponsor will determine the Dash Finalists by selecting the Couple(s) that received the most Dash Points before the Dash End Time. If two or more Couples are tied for receiving the most Dash Points the tie will be broken by looking at the time the most recent Dash Point was earned and selecting the Couple(s) that received the earliest timestamp as determined by the Sponsor in its sole discretion. Couples will be required to show the Sponsor all their Dash Location Photos before the the Couple is declared a Dash Finalist after the Dash End Time. If the Dash Location Photo does not meet the requirements set forth in these rules as determined by the Sponsor in its sole discretion, the Couple will NOT earn the Dash Point for that Designated Dash Location.

G.     Additional Requirements, Rules and Terms

·       The Couple (Team Captain and Partner) must stay together at all times during the Dash.

·       The Couple may not communicate with another Couple or any other third party regarding 1) Designated Dash Locations; 2) Dash Letters; 3) the Dash Anagram or 4) anything else that provides assistance concerning the Dash.

·       Sponsor reserves the right to disqualify any Couple if they attempt to manipulate a Dash Location Photo.

·       Sponsor reserves the right to disqualify any Couple if their cellular phone is lost, malfunctions, ceases to operate, battery lapses, or is stolen.

·       Sponsor reserves the right to disqualify any Couple for any conduct that in any way appears to inhibit the enjoyment of other participants or the fairness or integrity of the Dash.

·       If the Couple goes to a location which is not a Designated Dash Location there will obviously be no Dash Poster Board present at that location.

·       If the Dash Location Photo is not submitted exactly as stated above it will not be considered.

·       WHILE COMPETING IN THE DASH DO NOT DO ANYTHING ILLEGAL.

·       WHILE COMPETING IN THE DASH DO NOT DO ANYTHING THAT JEOPARDIZES YOUR SAFETY, THAT OF YOUR PARTNER OR THOSE AROUND YOU.

The use of automated devices to send or receive Texts is prohibited. Sponsor assumes no responsibility for lost, late, or misdirected, texts or any computer, online telephone, or technical malfunctions that may occur. SPONSOR ASSUMES NO RESPONSIBILITY IF THE TEXTS YOU SEND ARE NOT RECEIVED (OR ARE DELAYED) OR THE TEXTS THAT ARE SENT ARE NOT RECEIVED (OR ARE DELAYED). SPONSOR ASSUMES NO RESPONSIBILITY IF THE CAMERA OR CELLULAR PHONE THAT YOU ARE USING TO TAKE PHOTOS MALFUNCTIONS, STOPS WORKING, GETS LOST OR STOLEN.   

ALL TEXTS THAT YOU RECEIVE WILL CONTAIN INSTRUCTIONS IF YOU WANT TO STOP RECEIVING TEXTS. IF YOU FOLLOW THESE INSTRUCTION AND RESPOND THAT YOU DO NOT WANT TO RECEIVE TEXTS YOU WILL BE IMMEDIATELY DISQUALIFIED FROM THE DASH.

Sponsor is not responsible for failed, partial or garbled computer transmissions or text messages, or for technical failures of any kind, including but not limited to electronic malfunction or damage of any network, hardware or software. If for any reason the Dash is not capable of running as planned, including infection by computer virus, bugs tampering, unauthorized intervention, fraud, technical failures, or other causes that corrupt or affect the administration, security, fairness, integrity or proper conduct of the Dash, Sponsor reserves the right, in its sole discretion, to disqualify any individual who tampers with the entry process, and to cancel, terminate, modify or suspend the Dash. No responsibility is assumed for: any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries; or any problems or technical malfunctions of any telephone network or lines, computer online systems, servers, providers, computer equipment, or software; or failure of any e-mail or electronic entry to be received on account of technical problems or traffic congestion on the SMS network or computer network, or any combination thereof, including any injury or damage to entrant's or any other person's computer related to or resulting from participation in the Dash. In the event this skill contest is cancelled, Sponsor will conduct another skill based competition to award the prizes.

6. Finalists’ Event

At approximately 5:00 p.m. EST on September 25, 2010 the Finalist will leave the Michael C. Fina store together with Sponsor representatives. The Finalist will be brought to a location selected by the Sponsor at its sole direction for the final event (the “Final Dash Event”). Once the Finalists get to the location for the Final Dash Event the Sponsor will inform the Finalists of the instructions and rules for the Final Dash Event. The one (1) Finalist that successfully completes the Final Dash Event the quickest will be deemed the Grand Prize Winner. The Grand Prize Winning Couple will then immediately be expected to propose to marry (between the Team Captain and his or her Partner). All decisions regarding the Final Dash Event and the selection of the Grand Prize Winner will be made exclusively by the Sponsor and shall be final and binding.

7. POTENTIAL DASH WINNERS ARE SUBJECT TO VERIFICATION BY THE SPONSOR WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE PROMOTION.

8. Verification of Potential Winners

Potential winners must continue to comply with all terms and conditions of these Official Rules, and winning is contingent upon fulfilling all requirements. The potential winners may be required to provide the Sponsor with documentation that shows he or she was an eligible participant. The potential winners will be required to sign and immediately (during the Dash Post Party) return to Sponsor an affidavit of eligibility, and liability/publicity release (except where prohibited) in order to claim his/her prize. If a potential winner of any prize cannot be contacted, fails to sign and return the affidavit of eligibility and liability/publicity release within the required time period (if applicable), potential winners forfeit the prize.

9. Prizes

The One (1) Grand Prize winner will receive a $20,000 Tacori Engagement Ring and a 5-day/4-night Honeymoon  to Aventura Spa Palace in Rivera Maya, Mexico.

$20,000 Tacori Engagement Ring Details

·       The center stone and setting for the Tacori engagement ring will be determined solely by the Sponsor. The Grand Prize winner will be able select the ring’s size. Approximate Retail Value (“ARV”)of the ring is $20,000.

Honeymoon Details

A 5-day/4-night accommodations package for two (2) at the Aventura Spa Palace in Rivera Maya, Mexico (single room/double occupancy). Winner must make arrangements for travel within one (1) year of being confirmed that (s)he is the selected winner. Winner must commence the trip no later than December 31, 2011. If winner is unable to travel within the time period required, the prize will be forfeited. Hotel is subject to availability and blackout dates. All expenses and incidental travel costs not expressly stated in the Trip package description above, including but not limited to, air transportation, ground transportation, personal charges at lodging, security fees, taxes or other expenses or incidentals are the responsibility solely of winner. Winner and travel companion are responsible for all necessary travel documents, including but not limited to a valid passport. Travel companion must be the other member of the Couple and must travel on same itinerary and at the same time as the Grand Prize winner. ARV of the Trip is $2,250.

Each Dash Finalist (excluding the Grand Prize Winner) will receive a One Thousand Dollar ($1,000) Michael C. Fina gift card. A total of four (4) Dash Finalist Prizes will be awarded.

For All Prizes: Prizes will be awarded to the Team Captain. Prizes are non-transferable and no substitution will be made except as provided herein at the Sponsor's sole discretion. Sponsor reserves the right to substitute any listed prize for one of equal or greater value for any reason. Winners are responsible for all taxes and fees associated with prize receipt and/or use. Odds of winning a prize depend on the Couple’s ability to evaluate the clues and use skill to determine the quickest way to get to the Designated Dash Locations.

10. Entry Conditions and Release

By entering, each participant agrees to: (a) comply with and be bound by these Official Rules and the decisions of the Sponsor and/or the Dash judges which are binding and final in all matters relating to the Dash; (b) release and hold harmless the Sponsor and each of its respective parents, subsidiary, and affiliated companies, the prize suppliers and any other organizations responsible for sponsoring, fulfilling, administering, advertising or promoting the Dash, and all of their respective past and present officers, directors, employees, agents and representatives (collectively, the “Released Parties”) from and against any and all claims, expenses, and liability, including but not limited to negligence and damages of any kind to persons and property, including but not limited to invasion of privacy (under appropriation, intrusion, public disclosure of private facts, false light in the public eye or other legal theory), defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright or other intellectual property rights, property damage, or death or personal injury arising out of or relating to a participant's entry, creation of an entry or submission of an entry, participation in the Dash, acceptance or use or misuse of prize (including any travel or activity related thereto) and/or the broadcast, exploitation or use of entry; and (c) indemnify, defend and hold harmless the Sponsor from and against any and all claims, expenses, and liabilities (including reasonable attorneys fees) arising out of or relating to an entrant’s participation in the Dash and/or entrant’s acceptance, use or misuse of prize.

11. Publicity

Except where prohibited, by participating in the Dash and regardless of whether you are a winner, you grant Sponsor and its subsidiaries, affiliates, and licensees an exclusive, irrevocable license to use, alter, adapt, publish, distribute, copy, exhibit, display, market, promote, advertise, publicize and otherwise exploit your entry, including your name, Dash Location Photo, likeness, photograph(s), as well as additional photographs, video footage or other images that Sponsor or its representative may take of you or your Partner, in whole or in part, in any manner and for whatever purpose Sponsor shall elect, in any and all languages, and in any and all media now known or hereinafter developed, including but not limited to, website, television, radio and/or printed materials, worldwide in perpetuity, without further compensation, notification or permission. You and your Partner shall not claim or be entitled to receive any compensation or credit for such use.

12. General Conditions

Sponsor reserves the right to cancel, suspend and/or modify the Dash, or any part of it, if any fraud, technical failures or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Dash, as determined by Sponsor in its sole discretion. Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Dash or to be acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Dash may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. Multiple participants are not permitted to share the same email address or cellular telephone number. Any attempt by any participant to obtain more than the stated number of Registrations by using multiple/different email addresses, identities, registrations and logins, or any other methods will void that participant's plays and that participant may be disqualified. Use of any automated system to participate is prohibited and will result in disqualification. Sponsor is not responsible for lost, late, incomplete, invalid, unintelligible or misdirected registrations, which will be disqualified.

13. Limitations of Liability

The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Promotion; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Promotion; (4) technical or human error which may occur in the administration of the Promotion or the processing of entries; or (5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant's participation in the Promotion or receipt or use or misuse of any prize. If for any reason a participant’s text is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, participant’s sole remedy is another text in the Dash. No more than the stated number of prizes will be awarded. In event that production, technical, seeding, programming or any other reasons cause more than stated number of prizes as set forth in these Official Rules to be available and/or claimed, Sponsor reserves the right to award only the stated number of prizes by a random drawing among all legitimate, unawarded, eligible prize claims.

14. Disputes

Entrant agrees that: (i) any and all disputes, claims and causes of action arising out of or connected with the Dash, or any prizes awarded, other than those concerning the administration of the Dash or the determination of winner, shall be resolved individually, without resort to any form of class action; (ii) any and all disputes, claims and causes of action arising out of or connected with the Dash, or any prizes awarded, shall be resolved exclusively by the United States District Court or the appropriate New York State Court located in New York County, New York; (iii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Dash, but in no event attorneys' fees; and (iv) 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. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the State of New York, without giving effect to any choice of law or conflict of law rules (whether of the State of New York or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York.

15. Entrant's Personal Information

Information collected from entrants is subject to the Sponsor's Privacy Policy which is available here.

16. Promotion Results

For Dash results and/or a copy of these Official Rules, send a hand-printed, self-addressed, stamped envelope to The Diamond Dash: Dash For A Diamond & A Cure - Winners List, Michael C Fina, Marketing, 545 Fifth Avenue, Sub-Basement, New York, NY 10017. Requests for the winners list must be received by November 15, 2010.