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TERMS & CONDITIONS

The Cosmopolitan™ of Las Vegas’ Merry Mixer OFFICIAL RULES

No Purchase Necessary to Enter or Win. VOID WHERE PROHIBITED BY LAW OR REGULATION. PARTICIPANTS MUST BE 21 YEARS OF AGE OR OLDER AT THE TIME OF ENTRY. This Contest is in no way sponsored, endorsed or administered by, or associated with Flickr, Facebook or Twitter. You understand that you are providing your information to The Cosmopolitan™ of Las Vegas and not to Flickr, Facebook or Twitter. The Cosmopolitan of Las Vegas’ privacy policy can be found at www.cosmopolitanlasvegas.com/privacy-policy.aspx

1. PROMOTION DESCRIPTION: The Cosmopolitan™ of Las Vegas’ Merry Mixer Contest (the “Contest”) begins on Monday, November 5, 2012, on or around 12:00 A.M. Pacific Time (“PT”) and ends on Friday, November 23, 2012, at 11:59 P.M. PT (the “Promotion Period”). Entry in this Contest does not constitute entry into any other promotion or contest. By entering the Contest, each entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of Nevada Property 1 LLC dba The Cosmopolitan of Las Vegas (the “Sponsor”) whose decisions shall be final and legally binding in all respects.

2. ELIGIBILITY: This Contest is open to legal U.S. residents (excluding Puerto Rico, U.S. Virgin Islands and Guam), who are twenty-one (21) years of age or older at the time of entry, who reside in the United States at the time of entry, and who own a business in Southern Nevada (Clark County, City of Las Vegas, City of North Las Vegas, Henderson, Boulder City and Pahrump) (the “Local Business Owner”). Employees, officers, and directors of Sponsor (collectively, the “Promotion Entities”), and each of their immediate family members (as defined by the IRS) and/or people living in the same household are not eligible to participate. Partner companies of The Cosmopolitan of Las Vegas are allowed to participate as long as their business operates in Southern Nevada (Clark County, City of Las Vegas, City of North Las Vegas, Henderson, Boulder City and Pahrump) and does not work on retainer for The Cosmopolitan. All eligibility is subject to all federal, state, and local laws and regulations. All entries submitted are the property of the Sponsor. The Contest is void where prohibited.

3. HOW TO ENTER: You must enter by visiting www.cosmopolitanlasvegas.com/MerryMixer.aspx. You can then enter the Contest by filling in the required fields and answering the question why your company should win a holiday party at The Cosmopolitan. You will also be given the option of uploading an image or video. Each entrant must complete the entry form with all required information on the entry submission page, agree to the Official Rules and submit the entry in order for the entry to be eligible.

Images/Videos must be in digital format. Only online entries will be eligible. No print submissions will be accepted for entry into this Contest. Two files may be submitted with each entry. Each file cannot exceed 10MB. The image files can be .jpg, .jpeg or .gif. The videos can be .avi, .mpg, .wmv, .mov and .mp4.

All entries are subject to verification. Entries that do not meet the technical specifications, or otherwise do not comply with these Official Rules may be automatically disqualified. Incomplete, illegible or mutilated entries will be automatically disqualified. No responsibility is assumed for lost, late, misdirected, damaged, altered photos or illegible entries. Any attempted form of entry other than as described herein is void. Sponsor will determine, in its sole discretion, what constitutes a valid entry. All materials submitted become the property of the Sponsor and will not be returned or acknowledged.

Sponsor reserves the right to cancel or modify the Contest if fraud or technical failures destroy the integrity of the Contest as determined by the Sponsor, in its sole discretion, and to award the prize from among eligible entries received prior to the cancellation.

Requirements for Image and Video submissions: All entries must be original images/videos created by the entrant. Submissions may not contain any copyrighted or trademarked elements other than elements owned by the entrant. Use of any copyright or trademark elements owned by a third party will result in disqualification of a submission, in the Sponsor’s sole discretion. If a submission depicts any third party, you must have permission from that third party. Videos may not contain any depiction of any individual under 21 years of age. Upon Sponsor's request, each entrant must be prepared to provide (within seven (7) calendar days of receipt of Sponsor's request) a signed release from all persons who appear in the photograph and/or video submitted, and/or from the owner of any material that appears in the photograph and/or video entry, authorizing Sponsor and its licensees ("Authorized Parties") to reproduce, distribute, display, and create derivative works of the entry in connection with the Contest and promotion of the Contest, in any media now or hereafter known. All releases must be in the form provided by Sponsor. Failure to provide such releases upon request may result in disqualification at any time during the Contest and selection of an alternate winner.

Entrant’s Representations: By entering the Image/Video submission, you represent and warrant that (a) the submitted entry is an original work created solely by the entrant, (b) the submission does not infringe on the copyrights, trademarks, moral rights, rights of privacy/publicity or intellectual property rights of any person or entity (c) no other party has any right, title, claim, or interest in the submission, (d) the submission has not previously been entered in any other contest, and (e) the submission has not been previously published in any medium.

Entry Notes: Once an entrant registers and uploads a submission, there will be no access to the original registration information, and such entrant will be unable to make any edits or changes. The essay/image/video submission, in its entirety, must be a single work of original material created by the Contest entrant. The submission must not, in the sole and unfettered discretion of the Sponsor, contain obscene, violent, provocative, defamatory, sexually explicit, or otherwise objectionable or inappropriate content.

By entering the Contest, all entrants grant an irrevocable, perpetual, worldwide non-exclusive license to Authorized Parties, to reproduce, distribute, display and create derivative works of the entries (along with a name credit) in connection with the Contest and promotion of the Contest, in any media now or hereafter known, including, but not limited to, display at a potential exhibition of winners, or online highlighting entries or winners of the Contest. Entrants consent to the Sponsor doing or omitting to do any act that would otherwise infringe the entrant’s “moral rights” in their entries. Display or publication of any entry on an Authorized Party’s website does not indicate the entrant will be selected as a winner. Authorized Parties will not be required to pay any additional consideration or seek any additional approval in connection with such use. Additionally, by entering, each entrant grants to Authorized Parties the unrestricted right, in its sole and absolute discretion, to use, to use in part, or to not use, all statements made in connection with the Contest, and pictures or likenesses of Contest entrants. Authorized Parties will not be required to pay any additional consideration or seek any additional approval in connection with such use. By entering, entrants also consent to receiving promotional and/or informational marketing materials from The Cosmopolitan of Las Vegas.

4. PRIZES/ODDS: The following prize is available:
1st Place: Holiday Party at The Chandelier for 50 people (Estimated Retail Value = $7,700)

Only the type and quantity of prizes described in these Official Rules will be awarded. Winner may use the prize any time through March 31, 2013, subject to availability. Sponsor may award a substitute prize of comparable or greater value if any prize listed becomes unavailable for any reason. Such prize substitution will be allowed, only in Sponsor’s discretion. All prizes won will be provided only to the individual named as entrant.

5. ODDS OF WINNING: Odds of winning will depend upon the number of eligible entries received from all participants through the entry method.

6. SPONSOR: Nevada Property 1 LLC, dba The Cosmopolitan of Las Vegas, 3708 Las Vegas Boulevard South, Las Vegas, NV 89109.

7. AGREEMENT TO THE OFFICIAL RULES: By participating in the Contest and providing an email address and/or mailing address ENTRANTS GRANT PERMISSION to The Cosmopolitan of Las Vegas to email company updates and announcements (you can unsubscribe at any time), and all entrants fully and unconditionally agree to and accept these Official Rules and the Sponsor’s decisions, which are final and binding in all matters related to the Contest. Winning the prize is contingent upon fulfilling all requirements set forth herein.

8. PRIZE NOTES: Winner must be twenty-one (21) years of age or older in order to redeem and participate in the prize activities. Winner must have proper identification documents, as they may be required at time of prize redemption and participation in the prize activities. Prize will be awarded only if the potential prize winner fully complies with these Official Rules. Taxes on any prize are solely the responsibility of the winner. The prize is non-assignable and non-transferable. The Sponsor, at its sole discretion, will determine all details and other restrictions of any prize not specified in these Official Rules. No cash alternative or substitution will be allowed, except Sponsor reserves the right in its sole discretion to substitute prize(s) of comparable value if any prize listed is unavailable, in whole or in part, for any reason. The prize restrictions/conditions stated herein are not all-inclusive, and the prize described above may be subject to additional restrictions/conditions, which may be stated in the “Prize Claim Documents” (defined below). In the event the prize winner or his or her guest(s) engage in behavior that (as determined by Sponsor in Sponsor’s sole discretion) is obnoxious or threatening, illegal or that is intended to annoy, abuse, threaten or harass any other person, Sponsor reserves the right to terminate the awarded prize, in whole or in part, with no further compensation. All gratuities, taxes, incidental expenses, registrations, fees or charges, and other expenses not specified herein are the sole responsibility of the prize winner and his or her guest(s). Winner is not allowed to transfer or sell the prize on eBay, Craigslist or any other online site or offline location.

Entries will not be acknowledged or returned. Sponsor assumes no responsibility for lost, late or misdirected entries.

Limit: One (1) entry per person. Entries made on another’s behalf by any other individuals or any other entity, including but not limited to commercial contest/contest subscription notification and/or entering services, will be declared invalid and disqualified from the Contest. Tampering with the entry process or the operation of the Contest is prohibited, and any entries deemed by Sponsor, in its sole discretion, to have been submitted in this manner will be void. In the event a dispute regarding the identity of the individual who actually submitted an entry cannot be resolved to Sponsor’s satisfaction, the affected entry will be deemed ineligible.

Sponsor is not responsible for problems of any Contest-related information to or from the web site or for any other technical malfunctions of electronic equipment, computer on-line systems, servers, or providers, computer hardware or software failures, phone lines, failure of any electronic mail entry to be received by Sponsor on account of technical problems, traffic, congestion on the internet or the web site, or any other technical problems related to web site entries including telecommunication miscommunication or failure, and failed, lost, delayed, incomplete, garbled or misdirected communications which may limit an entrant’s ability to participate in the Contest.

9. WINNER SELECTIONS AND NOTIFICATION TO WINNERS: Submissions will be judged and evaluated by the Sponsor between on or about November 26 and November 28, 2012. The Sponsor will utilize the following judging criteria to determine the winner: 33% creativity, 33% originality , and 34% adherence to the theme. Decisions of Sponsor are final and binding.

Contest winners will be announced on or around November 28, 2012. Prize winner will be notified in person and/or by phone and/or by email or mail or express mail or by online posting using the contact information provided at the time of entry. Sponsor shall have no liability for any potential prize winner notification that is lost, intercepted or not received by any potential prize winner for any reason. If, despite reasonable efforts, any potential prize winner does not respond within seven (7) days of the first notification attempt, or if the prize notification is returned as unclaimed or undeliverable to such potential prize winner, such potential prize winner will forfeit his or her prize, and an alternate winner may be selected. Alternate winner will be defined as the next runner-up as determined by the Sponsor based on the judging criteria. If any potential prize winner is found to be ineligible, or if he or she has not complied with these Official Rules or declines a prize for any reason prior to award, such potential prize winner will be disqualified, and an alternate prize winner may be selected. Sponsor may successively attempt to contact up to two (2) alternate potential winners in accordance with the above procedure, and if there is still no confirmed winner after such attempts have been made, the applicable prize may go unawarded.

10. GENERAL PRIZE RESTRICTIONS/CONDITIONS AND LIMITATIONS OF LIABILITY: Prize winners may be required to execute an Affidavit of Eligibility, a Liability Release, and (where legal) a Publicity Release form (collectively, “Prize Claim Documents”). By entering the Contest, all entrants agree to release, discharge, and hold harmless Promotion Entities and their partners, affiliates, subsidiaries, advertising agencies, agents, employees, officers, directors, and representatives from any claims, losses, and damages arising out of their participation in the Contest or any Contest-related activities and the acceptance and use, misuse, or possession of any prize awarded hereunder. Promotion Entities assume no responsibility for any error, omission, interruption, deletion, defect, or delay in operation or transmission; communications line failure; theft or destruction of or unauthorized access to Contest entries or entry forms; or alteration of entries or entry forms. Sponsor is not responsible for any problems with or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email entry to be received on account of technical problems or traffic congestion on the Internet or at any website, human errors of any kind, or any combination thereof, including any injury or damage to entrants’ or any other persons’ computers related to or resulting from participation, uploading or downloading of any materials related to the Contest.

11. PUBLICITY RELEASE: Acceptance of any prize constitutes prize winner’s permission for the Promotion Entities to use such prize winner’s entry materials, name, photograph, likeness, voice, biographical information, statements and address (city and state) (collectively, the “Attributes”), for advertising and/or publicity purposes worldwide and in all forms of media now known or hereafter devised, in perpetuity, without further compensation or authorization, (except where prohibited by law), and releases the Promotion Entities from all claims arising out of the use of such Attributes.

12. DISQUALIFICATION/FORCE MAJEURE: Sponsor is not responsible for lost, late, mutilated, misdirected, illegible, incomplete, inaccurate, or stolen, submissions or prize notifications. Sponsor reserves the right in its sole discretion to disqualify any individual who is found to be tampering with the entry process or the operation of the Contest, to be acting in violation of these Official Rules, or to be acting in an unsportsmanlike or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Contest, or to annoy, abuse, threaten or harass any other person, and Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. No mechanically reproduced, illegible, incomplete, forged, software-generated or other automated multiple entries will be accepted. Sponsor reserves the right to modify, extend, suspend, or terminate the Contest if it determines, in its sole discretion, that the Contest is technically impaired or corrupted or that fraud or technical problems, failures or malfunctions or other causes beyond Sponsor’s control have destroyed or severely undermined or to any degree impaired the integrity, administration, security, proper play and/or feasibility of the Contest as contemplated herein. In the event an insufficient number of eligible entries are received and/or Sponsor is prevented from awarding prizes or continuing with the Contest as contemplated herein by any event beyond its control, including but not limited to fire, flood, natural or man-made epidemic of health of other means, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal state or local government law, order, or regulation, public health crisis (e.g. SARS), order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control (each a “Force Majeure” event or occurrence), then Sponsor shall have the right to modify, suspend, or terminate the Contest. If the Contest is terminated before the designated end date, Sponsor will (if possible) select the winner from all eligible, non-suspect entries received as of the date of the event giving rise to the termination. Only the type and quantity of prizes described in these Official Rules will be awarded. The invalidity or unenforceability of any provision of these rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.

13. GOVERNING LAW/JURISDICTION: ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE OFFICIAL RULES OR THE RIGHTS AND OBLIGATIONS OF ENTRANTS OR SPONSOR IN CONNECTION WITH THE CONTEST SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAWS OF THE STATE OF NEVADA WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OF CONFLICT OF LAW RULES OR PROVISIONS THAT WOULD CAUSE THE APPLICATION OF ANY OTHER STATE’S LAWS.

14. ARBITRATION PROVISION: By participating in the Contest, each entrant agrees that any and all disputes the entrant may have with, or claims entrant may have against, the Promotion Entities relating to, arising out of or connected in any way with (i) the Contest and/or (ii) the awarding or redemption of any prize will be resolved individually and exclusively in of Las Vegas, Nevada pursuant to the rules of the American Arbitration Association.

15. WINNERS LIST/OFFICIAL RULES: To obtain a copy of these Official Rules (print this page) and/or any legally-required winners list, send a self-addressed stamped envelope to: The Cosmopolitan of Las Vegas, ATTN: Marketing Department – 2012 Merry Mixer Contest, 3708 Las Vegas Boulevard South, Las Vegas, NV 89109. All such requests must be received by November 28, 2012. Allow four to six weeks for delivery of the copy.

16. TAXES. The winner is responsible for paying any and all taxes on any prize won and must authorize the deduction of such taxes, if any, from the prize to the extent required by law. Non-resident aliens may be subject to back-up withholding.

© 2012 The Cosmopolitan of Las Vegas. All Rights Reserved.

This Contest is in no way sponsored, endorsed or administered by, or associated with Flickr, Facebook or Twitter.