HEAROS and Sleep Pretty In Pink $10,000 Video Giveaway Official Rules

No Purchase or Payment Necessary to Enter. A Purchase or Payment Will Not Increase Your Chances of Winning.

1. Eligibility
HEAROS and Sleep Pretty In Pink $10,000 Video Giveaway (the “Promotion”) is open only to legal residents of the fifty (50) United States (including District of Columbia) who are at least thirteen (13) years old at the time of entry. Void in Guam, Puerto Rico, the U.S. Virgin Islands, and other U.S. territories and possessions and where prohibited by law. Employees of DAP World, Inc. or any of its respective affiliates, subsidiaries, advertising agencies, or any other company or individual involved with the design, production execution or distribution of the Promotion 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. The Promotion consists of a contest (the “Contest”).

2. Sponsor
DAP World, Inc., 27068 La Paz Road, #648, Aliso Viejo, CA 92656.

3. Timing
The Promotion begins on February 15, 2011 at 12:00 a.m. Pacific Time (“PT”) and ends on December 31, 2011 at 11:59 p.m. PT (the “Promotion Period”). Sponsor’s computer is the official time keeping device for this Promotion.

4. How to Enter
During the Promotion Period, visit www.HEAROS.com and fill out the online entry form completely by providing the requested information. Then upload a video that meets the requirements set forth below (the “Video”). Video must not have been entered in any other competition or violate the rights of other parties. Video which judges determine to be offensive or defamatory will be disqualified.

5. Video Requirements

General Requirements
* Video must show how you use and benefit from HEAROS ear plugs.

Additional Requirements
* No swearing or nudity
* Nothing violent, offensive, defamatory or unlawful
* No depiction of drug use or weapons
* No music, image and/or artwork that you did not create
* No depiction of trademarks
* All entries must be received by December 31, 2011 at 11:59 p.m. PT
* Sponsor may, in its sole discretion, remove, delete and/or disqualify Submissions deemed to be inappropriate or otherwise non-compliant
* Submission must not contain any copyrighted works
* Submissions may where practicable be reviewed for content before being published; however, such review does not relieve Entrant from responsibility for compliance with the Official Rules. Submissions that do not comply with the Official Rules or that otherwise contain prohibited, or inappropriate content as determined by the Sponsor, in its sole discretion, will be disqualified and will not be published or considered for a prize. Sponsor makes the final determination as to which Submissions are eligible to take part in this Contest and be considered for a prize.

There is no limit on the amount of Submissions that you can enter into the Contest. Use of any automated system to participate is prohibited and will result in disqualification. 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 winner may be required to show proof of being the authorized account holder.

6. Terms of Submission
As conditions of entry into this Contest, and by uploading a video, each entrant:
* WARRANTS AND REPRESENTS THAT THE ENTRANT OWNS ALL RIGHTS TO THE VIDEO HE/SHE IS ENTERING.
* WARRANTS AND REPRESENTS THAT THE ENTRANT IS THE INDIVIDUAL PICTURED AND HEARD IN THE VIDEO, OR, ALTERNATIVELY, THAT THE ENTRANT HAS OBTAINED PERMISSION FROM EACH PERSON (OR THEIR PARENT/GUARDIAN) WHO APPEARS IN THE SUBMISSION TO GRANT THE RIGHTS TO THE SPONSOR DESCRIBED IN THESE RULES, AND CAN MAKE WRITTEN COPIES OF SUCH PERMISSIONS AVAILABLE TO THE SPONSOR UPON REQUEST.
* WARRANTS AND REPRESENTS THAT HIS/HER VIDEO(S): (A) ARE ORIGINAL TO THE ENTRANT AND HAVE BEEN LEGALLY OBTAINED AND CREATED, (B) DO NOT INFRINGE THE INTELLECTUAL PROPERTY, PRIVACY OR PUBLICITY RIGHTS OR ANY OTHER LEGAL OR MORAL RIGHTS OF ANY THIRD PARTY, OR VIOLATE APPLICABLE LAWS OR REGULATIONS; (C) HAVE NOT BEEN ENTERED IN OR WON PREVIOUS CONTESTS OR PROMOTIONS; AND (D) HAVE NOT BEEN PUBLISHED PREVIOUSLY IN ANY MEDIUM.
* Irrevocably grants to Sponsor and its affiliates, legal representatives, assigns, agents and licensees, the unconditional and perpetual right and permission to copyright (as appropriate), reproduce, encode, store, copy, transmit, publish, post, broadcast, display, publicly perform, adapt, exhibit and/or otherwise use or reuse (without limitation as to when or to the number of times used), the Entrant’s name, address (city and state/province/territory/country), image, voice, likeness, statements, biographical material and Video, including, but not limited to, the video or digital recording and performances contained in any of the above items (in each case, as submitted or as edited/modified in any way by the Sponsor, in the Sponsor’s sole discretion), as well as any additional photographic images, video images, portraits, interviews or other materials relating to the Entrant and arising out of his/her participation in this Contest (with or without using the Entrant’s name) (collectively, the “Additional Materials”) in any media throughout the world for any purpose, without limitation, and without additional review, compensation (except if required by law), or approval from the Entrant or any other party.
* Forever waives any rights of privacy, intellectual property rights, and any other legal or moral rights that may preclude the Sponsor’s use of the Entrant’s Video or Additional Materials, or require the Entrant’s permission for Sponsor to use them for any purpose, and agrees to never sue or assert any claim against the Sponsor’s use of the Additional Materials or under any theory of contract or tort law.
* Agrees to indemnify and hold the Sponsor and their respective affiliates, officers, directors, agents, co-branders or other partners, and any of their employees (collectively, the “Contest Indemnitees”), harmless from any and all claims, damages, expenses, costs (including reasonable attorneys’ fees) and liabilities (including settlements), brought or asserted by any third party against any of the Contest Indemnitees due to or arising out of the Video or Additional Materials in this Contest, or the Entrant’s unreasonable or negligent conduct during and in connection with this Contest, including but not limited to the Video or Additional Materials in this Contest, or negligent infringement of trademark, copyright, or other intellectual property rights, right of publicity, right of privacy or defamation.
* Agrees to release, indemnify and hold harmless Sponsor from any and all claims that any commercial, advertising, presentation, web content or any other material subsequently produced, presented, and/or prepared by or on behalf of Sponsor infringes on the rights of Entrant’s work as contained in any Video.

7. Winner Selection
The Videos will be ranked in the following four (3) criteria: (a) Originality (33%), (b) Creativity (33%), (c) Practicality (33%) and (d) Unique Page Views (1%). One (1) individual whose entry earns the highest overall score will win the Grand Prize. In the event of a tie, winner will be selected based on the criteria described in (a), then (b) then (c) and finally (d). Judges will be fair and impartial. Decisions of the judging panel will be final. Odds of winning depend on number of eligible Entries received and quality of submitted Videos. Judging for the Grand Prize will be completed on or about February 1, 2012.

8. POTENTIAL CONTEST WINNER IS SUBJECT TO VERIFICATION BY SPONSOR WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE PROMOTION.

9. 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 winner will be notified by email, telephone, or registered mail after the date of the judging. The potential winner (or parent/legal guardian if winner is a minor) will be required to sign and return to Sponsor, within ten (10) 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. In the event that a potential winner of a contest prize is disqualified for any reason, Sponsor may award the applicable prize to an alternate winner who had the highest score remaining of the eligible entries.

10. Grand Prize
One (1) Grand Prize winner will receive Ten Thousand Dollars ($10,000). Grand Prize winner is responsible for all taxes and fees associated with prize receipt and/or use.

11. 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 Contest judges which are binding and final in all matters relating to this Contest; (b) release and hold harmless the Sponsor and its respective parent, subsidiary, and affiliated companies, the prize suppliers and any other organizations responsible for sponsoring, fulfilling, administering, advertising or promoting the Contest and 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 Contest and 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 (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 Contest and Promotion and/or entrant’s acceptance, use or misuse of prize.

12. Publicity
Except where prohibited, participation in the Promotion constitutes winner’s 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.

13. 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 Contest, 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 Contest 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 Contest 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.

14. 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 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 Contest. No more than the stated number of prizes will be awarded.

15. Disputes
Entrant agrees that: (i) any and all disputes, claims and causes of action arising out of or connected with this Contest, or any prizes awarded, other than those concerning the administration of the Contest or the determination of winners, 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 this Contest, or any prizes awarded, shall be resolved exclusively by the United States District Court or the appropriate California State Court located in Orange County, California; (iii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, 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 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.

16. Promotion Results
For Promotion results send a hand-printed, self-addressed, stamped envelope to HEAROS $10,000 Giveaway – Winners List c/o DAP World, Inc., 27068 La Paz Road, #648, Aliso Viejo, CA 9265. Requests for the winner list must be received by February 30, 2012. DO NOT SEND ANY OTHER CORRESPONDENCE OR ENTRIES TO ADDRESS.