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HEX Code Folio Official Facebook Sweepstakes rules and conditions

April 18, 2010

HEX CODE FOLIO SWEEPSTAKES OFFICIAL RULES NO PURCHASE OR PAYMENT NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. 1. Eligibility. The "Hex Code Folio Sweepstakes" (the "Promotion") is open to legal residents of the 50 United States (and D.C.) who are at least eighteen (18) years or older at the time of entering this promotion. Employees of Hex, August Accessories and its affiliates, subsidiaries, service providers, advertising and promotion agencies, suppliers and the immediate family members and/or those living in the same household of each of the foregoing are not eligible. No purchase necessary. Void where prohibited. 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. Hex c/o August Accessories, 3051 Sturgis Road, Oxnard, CA. 93030 3. Timing. The Promotion begins on April 18, 2012 at 03:00 p.m. Pacific Standard Time ("PST") and ends on May 30, 2012 at 09:00 a.m. PST (the “Promotion Period”). Sponsor’s computer is the official time keeping device for this Promotion. 4. How to Enter. During the Promotion Period, go to www.facebook.com/shophex and 'like' our page and then fill out the sweepstakes form while answering the question, “Why I need the Code Folio”. Multiple participants are not permitted to share the same email address of Facebook accounts. Limit one entry per person per Facebook account during the Promotion Period. Any attempt by any participant to obtain more than the stated number of entries by using multiple/different email addresses, identities, registrations and logins, or any other methods will void that participant’s entry or entries, 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. In the event of a dispute as to any registration, the authorized account holder of the email address used to register will be deemed to be the registrant or player. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Potential winners may be required to show proof of being the authorized account holder. All entries become the sole and exclusive property of Sponsor and will not be returned. Sponsor reserves the right to contact entrants and all other individuals whose email address is submitted as part of this promotion. 5. Winner Selection. On or about June 4, 2012, Sponsor will select three (3) entries for the prize described below in Section 8 from the answer to the question defined in the sweepstakes and chosen by Hex judging panel. The entrant(s) will be contacted using the information given on the sweepstakes sign up form. Subject to verification of eligibility and compliance with these Official Rules. Sponsor’s decisions as to the administration and operation of the Promotion and the selection of potential winners are final and binding in all matters related to the Promotion. Winners will be notified using either the email address or phone number given on the sweepstakes sign up form. 6. POTENTIAL PROMOTION WINNER IS SUBJECT TO VERIFICATION BY SPONSOR WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE PROMOTION. 7. Verification of Potential Winner. Potential winner must continue to comply with all terms and conditions of these Official Rules and winning is contingent upon fulfilling all requirements. The potential winners will be notified by email, after the date of random drawing. The potential winners will be required to sign and return to Sponsor, within three (3) days of the date notice is sent, an affidavit of eligibility, and liability/publicity release (except where prohibited) in order to claim his/her prize if applicable. 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), or if the prize or prize notification is returned as undeliverable, potential winner forfeits prize and an alternate winner will be selected by the Hex judging panel from all remaining eligible entries. In the event that a potential winner of a Promotion prize is disqualified for any reason, Sponsor may award the applicable prize to an alternate winner selected by the Hex judging panel from among all remaining eligible entries. 8. Grand Prize. Three (3) Grand Prize Winners will receive one (1) Code Folio of Hex’s iPad Code model series. Grand Prize also includes shipping of winning item to winner’s verified address. Sponsor will give no warranty or guarantee in respect to all prizes. Any and all guarantees and warranties are subject to the manufacturer’s or service provider’s terms and conditions, and winner agrees to look solely to such entity for any such warranty or guarantee claim. Prize is non-transferable. No substitution, assignment or transfer of prize permitted, except by Sponsor, who reserves the right in its sole discretion to substitute a prize with another prize of greater or equal value. Approximate retail value (“ARV”) of the grand prize is $80 USD. Total ARV for all prizes in the promotion is $240 USD. The potential Prize winner will not receive the difference between actual and approximate retail value. All taxes, gratuities, and unspecified expenses are the sole responsibility of each winner. Allow 3-6 weeks for Prize delivery. 9. 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 Promotion judges which are binding and final in all matters relating to this Promotion; (b) release and hold harmless the Sponsor and the Sponsor and each of their respective parents, subsidiary, and affiliated companies, the prize suppliers and any other organizations responsible for sponsoring, fulfilling, administering, advertising or promoting the Promotion, 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 Promotion, acceptance or use or misuse of prize (including any travel or activity related thereto) and/or the broadcast, exploitation or use of entry; and 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 Promotion and/or entrant’s acceptance, use or misuse of prize. 10. Publicity. Except where prohibited, participation in the Promotion constitutes winners consent to Sponsor’s and its agents’ use of winner’s name, likeness, photograph, voice, opinions and/or hometown and state for promotional purposes in any media, worldwide, without further payment or consideration. 11. General Conditions. Sponsor reserves the right to cancel, suspend and/or modify the Promotion, 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 Promotion, 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 Promotion or to be acting in violation of these Official Rules or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Promotion 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. 12. 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; (5) late, lost or undeliverable entries; or (6) 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 an entrant’s entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another entry in the Promotion, provided that if it is not possible to award another entry due to discontinuance of the Promotion, or any part of it, for any reason, Sponsor, at its discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any or all of the prizes offered herein. 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. 13. Disputes. Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Promotion, or any prizes awarded, shall be resolved individually, without resort to any form of class action, and exclusively by the federal and state courts located in California, in the United States; (2) any legal action, suit or proceeding arising out of or relating to this Promotion or the transactions contemplated hereby must be instituted exclusively in a court of competent jurisdiction located within the County of Ventura, State of California and in no other jurisdiction and each party further irrevocably consents to personal jurisdiction and exclusively in, and agrees to service of process issued or authorized by, any such court; (3) 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 (4) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim punitive, , indirect, 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 California, without giving effect to any choice of law or conflict of law rules (whether of the State of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of California. 14. Entrant’s Personal Information. Information collected from entrants is subject to the Sponsor’s Privacy Policy. By participating in the Promotion, 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. 15. Promotion Results. For Promotion results send a hand-printed, self-addressed, stamped envelope to Winners List – Attn: Hex Code Folio Facebook Sweepstakes, 3051 Sturgis Road, Oxnard, California, 93030. Requests for the winner list must be received by June 15, 2012.