Official Rules

1. ELIGIBILITY: The Delamina Make A Statement Contest (“Promotion” or “Contest”) is open and offered only to women who are legal residents of the 50 United States or District of Columbia ages 18 years of age or older at time of entry. Employees, officers and directors of Delamina (“Sponsor” or “Delamina“), El Rincon Del Pedregal, (“Sponsor Affilliates”) their respective parent, affiliated and subsidiary companies, advertising and promotion agencies, web masters and web suppliers and persons engaged in the development of Promotion materials, and members of the immediate family (parents, siblings, children and spouse, wherever they reside) or household members (whether or not related) of such employees, officers and directors are not eligible. By participating, you agree to these Official Rules and all decisions of Sponsor, which are final and binding in all respects. Void where prohibited.

2. PROMOTION PERIOD: Contest begins at 12:00:01 a.m. Pacific Time (“PT”) on 3/7/09 and ends at 11:59:59 p.m. (PT) on 8/31/2009 (“Contest Period”). The Contest computer is the official time keeping device for this Contest.

3. TO ENTER: To enter, sign in to www.delamina.com (“Web site(s)”). You must write a statement (“Statement”) of no more than 15 words beginning with the word Because answering the question: “Why should a woman buy jewelry for herself?” This Statement must express the Delamina characteristics of: smart, witty, feminine, strong, sassy and real. The Statement should have more than one meaning and should not be raunchy or cliché. You must also submit at least one, and up to three different ideas for photographs to accompany the Statement. The photo ideas should include at least one woman and should add a layer of meaning to the Statement. When you have completed your Statement, and have your ideas for accompanying photographs, access the Web site at www.delamina.com or (“Web site”) and click on the ‘Make A Statement’ link to access the sign in and registration page. If you have already registered on the Delamina site, simply sign in using your email address and password. Else, on the registration page, you will be asked to submit your first name, last name, email address, password of your choice, security question and answer, and date of birth. Once you have signed in to the Web site, you will be directed to the contest entry form and Official Rules. You will be served a page that contains an input box for your Statement. Type or copy your Statement into this box. Next, type or copy your 1 to 3 ideas for photographs to accompany this Statement into the appropriate input box. Once you have entered your Statement and photo ideas, click Finish to submit. If you wish to take a break or make changes before submitting your entry click Save and your entry will be saved for later submission. Clicking Save does NOT submit your entry. You must click Finish in order to complete your submission and have it entered into the Contest. Submissions must be received and recorded by the Contest computer by 11:59:59 p.m. (PT) on the last day of each month to be considered in the judging for that month: 3/31/09, 4/30/09, 5/31/09, 6/30/09. 7/31/09 and 8/31/09 respectively.

Once a Statement and photograph ideas (“Entry Materials”) are submitted they cannot be changed, altered or modified, become the sole property of Sponsor and will not be returned. Correspondence and inquiries concerning the Promotion will not be accepted or acknowledged. Any Entry Materials, which in the sole opinion of Sponsor, are deemed to be inappropriate for publication will be disqualified. Entry Materials (a) must be the original and sole creation of, and all right, title and interest including but not limited to the copyright in all of the Entry Materials must be owned solely by, the entrant, (b) may not have been submitted in any other competition, (c) may not have been published, (d) may not infringe upon any third party’s rights, including but not limited to copyright, patent or trademarks/tradenames/logos, or rights of privacy or publicity, or contain material that is or may be considered defamatory, slanderous or libelous, or portray or depict any person or entity in a false light (e) may not violate any law, rule or regulation, and, (f) may not contain any virus, bugs, or other deleterious material; and each entrant warrants and represents that her Entry Materials comply with all of those conditions. Any non-complying Entries will be subject to disqualification. Entry Materials cannot contain, among other things, the trademark, tradename or logo of any third party (but may contain a trademark, tradename or logo of the Sponsor), cannot name, depict or describe any person (living, dead, or fictional) other than the entrant,) and cannot contain any material that is protected by copyright. By entering, each entrant grants permission for the use of the Entry Materials, and her name, to be posted on the World Wide Web and Websites in connection with this Contest, and the advertising, promotion, and publicity of the Contest, and otherwise, as stated in these Official Rules (as solely determined by Sponsor).

There is no limit on the number of entries that can be submitted per person. Duplicates of the same entriy received will be disqualified. No form of entry other than as stated in these Official Rules will be accepted. Entries which do not comply with these Official Rules will be disqualified.

4. JUDGING:
(a) Initial Judging: The eligible Entry Materials received and recorded by Sponsor’s computer from qualified entrants will be judged by a panel of judges composed of 3 women hired by Delamina, Inc. whose decisions are final and binding on all judging matters related to the Judging of this judging phase. Judging will be based on the following criteria with the following points available for each criterion: 1) Originality of Statement (25pts), 2) Cleverness of Statement (having more than one meaning) (25pts), 3) Appropriateness of Statement to the Delamina characteristics (smart, witty, feminine, strong, sassy and real, not raunchy or cliché) (25pts), and 4) ideas for accompanying photographs (the overall depiction of the spirit of Delamina: smart, witty, feminine, strong, sassy and real, not raunchy or cliché) (25pts). The top monthly entry (1 per month for a total of 6 entries provided that there are at least 6 eligible entries) with the highest combined cumulative scores for all of the criteria will be deemed the Finalists In the event of a tie, the entry with the highest score in the Appropriateness To Theme criterion will be declared the tie winner. If a tie continues, the entry with the highest score in the Originality criterion will be declared the tie winner. If tie continues the tied entries will be re-judged by a new judge who will serve as a tiebreaker using the same criteria as stated herein.

(b) Finalist Judging: The six (6) Finalists will be judged by a panel of judges composed of 3 women hired by Delamina, Inc. whose decisions are final and binding on all judging matters related to the Judging of this judging phase. Judging will be based on the following criteria with the following points available for each criterion: 1) Originality of Statement (25pts), 2) Cleverness of Statement (having more than one meaning) (25pts), 3) Appropriateness of Statement to the Delamina characteristics (smart, witty, feminine, strong, sassy and real, not raunchy or cliché) (25pts), and 4) ideas for accompanying photographs (the overall depiction of the spirit of Delamina: smart, witty, feminine, strong, sassy and real, not raunchy or cliché) (25pts). The top entry with the highest combined cumulative scores for all of the criteria will be deemed the potential Winner. In the event of a tie, the entry with the highest score in the Appropriateness To Theme criterion will be declared the tie winner. If a tie continues, the entry with the highest score in the Originality criterion will be declared the tie winner. If tie continues the tied entries will be re-judged by a new judge who will serve as a tiebreaker using the same criteria as stated herein.

Potential Grand Prize winner will be contacted by email, using the email address provided at registration, around September 15, 2009. The potential Grand Prize winner must reply and return the necessary paperwork within one week or the first runner up with be selected as the potential Grand Prize winner.

5. PRIZE: (1) Grand Prize: The winner will receive a trip for winner and a guest to Cabo San Lucas, Mexico. Trip consists of round trip coach class or above air transportation on a carrier designated by Sponsor from major commercial airport near winner’s U.S. residence (as determined by Sponsor) for winner and a guest, one room standard hotel double accommodations for 4 nights/5 days, and spending money as determined by Sponsor in its sole discretion. Approximate Retail Value of each trip not to exceed $5,000. Actual value will depend on final itinerary, and any difference between stated and actual value will not be awarded. Travel must be taken on dates designated by Sponsor and must be booked by December 30, 2009. Once travel is booked it cannot be changed without the express consent of Sponsor, which may be denied for any reason whatsoever. Travel and accommodations are subject to availability, change, restrictions and are at the sole discretion of the Sponsor. Certain blackout periods may apply. Expenses not stated are the sole responsibility of the prizewinner. If prizewinner cannot accept prize as stated, the prize will be forfeited in its entirety and awarded to an alternate winner based on the judging criteria stated above. Winner must comply with all security requirements. Sponsor is not liable for delays, cancellations, or unforeseen events related to the Prize. Prizes cannot be substituted, assigned or redeemed for cash, but Sponsor reserves the right to substitute a prize or portion of prize of equal or greater value should a stated prize or portion or prize becomes unavailable. All federal, state and local taxes are the sole responsibility of the winner.

6. GENERAL CONDITIONS: By entering, entrants release and agree to indemnify and hold harmless Sponsor and its affiliates, advertising, public relations and promotion, fulfillment and/or judging agencies, Contest judges, and all of their respective officers, employees, directors, representatives and agents (individually and collectively “Releasees”) from all liability, claims, actions, or proceedings, losses, injuries and damages (whether due to negligence or otherwise) to person(s), including death, and property, or to the breach or failure of any representation or warranty, or obligation, or to the violation of intellectual property or personal rights (such as but not limited to, copyright, patent, trade name/trademark, and/or rights of privacy or publicity, slander, libel, or portrayal in a false light) due in whole or in part to acceptance, possession, misuse or use of any prize, or participation in this Promotion, or participation in any Promotion-related or travel-related activity. By accepting a prize, the winner consents (and agrees to confirm that consent in writing upon request) to Sponsors and those acting pursuant to the authority of Sponsor, the right, in perpetuity, to the use of her name, voice, photo, picture, and likeness, recordings, statements and Entry Materials, (and notwithstanding anything to the contrary in these Official Rules licenses the use of the Entry Materials which may be edited/modified/altered/changed/used alone, together or with other works, acts or content and/or used in distorted, illusory or composite form, with or without music, comment or commentary, all as solely determined by Sponsor) at any time or times and in all media now known or hereafter discovered or devised, worldwide, including on the Internet and World Wide Web, for advertising, commercial, trade and promotional purposes without additional compensation unless prohibited by law, and without notice, review or approval. Potential Winners may be required to complete, sign, and return an Affidavit of Eligibility, a Liability Release and, where lawful, a Publicity Release within 5 days after receipt of notification. If documents are not returned on a timely basis, or if any prize notification or prize is returned as non-deliverable, or if a winner of any prize is found to be ineligible or not in compliance with these Official Rules, such prize may be forfeited and awarded to an alternate winner.
In no event will Releasees be responsible or liable for any damages or losses of any kind, whether direct, indirect, incidental, consequential, punitive or other damages. Each Entry Materials will be deemed a Work Made For Hire under the Copyright laws of the United States, but if it cannot be so deemed, then each Prize winner irrevocably sells, assigns and transfers to Sponsor all of her right, title and interest in and to her Entry Materials, including all but not limited to all copyright and trademark rights, and waives any rights of droit moral, which she may have, in the United States and worldwide, therein, for consideration, the receipt and sufficiency of which is hereby acknowledged. Upon request of Sponsor, the Prize winners shall execute and deliver such additional instrument of assignment and droit moral waiver, as may be solely deemed by Sponsor, reasonably necessary to establish the ownership of record of the right, title and interest in and to the Entry Materials and of the copyrights, droit moral waiver, and trademarks transferred. Should Sponsor fail to request the said assignment as stated, that shall not be deemed a waiver of Sponsor’s rights and Sponsor may at a later time request the assignment, and the stated winner agrees to honor and comply with such request. Sponsor reserves the right not to award the prizes if an insufficient number of qualified entries are received.
By entering, you agree that: (i) entrant grants to Sponsor the right to alter and/or edit the materials. (ii) Sponsor and Sponsor Affiliates have the right to use any and all Entry Materials for future advertising, publicity in any medium now known or hereafter devised. (iii) Sponsor and Sponsor Affiliates are in no way obligated to use your Entry Materials (and have no obligation to you or any other person or entity after your Entry Materials are received). (iv) We may elect to post any, all, or none of your Entry Materials on the site. Please also be aware that your Entry Materials may not be acknowledged and will not be received or held “in confidence” and your Entry Materials do not create a confidential relationship or obligation of secrecy between you and the Contest or Sponsor and Sponsor Affiliates. You may not resell, assign or transfer any of your rights under these Official Rules. Entries that are incomplete, illegible, postage due or corrupted are void and will not be accepted.
By entering your Entry Materials, you acknowledge that you have read and understood these Official Rules, which incorporates the www.delamina.com Privacy Policy and www.delamina.comTerms of Service, and you accept these Official Rules together with all of the policies referenced herein and agree to abide by its terms and conditions, as they may be amended from time to time, and all applicable rules and regulations.
CAUTION: ANY ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAW. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT OF THE LAW (AND TO DISQUALIFY SUCH PERSON FROM THE CONTEST, IF APPLICABLE).

7. LIMITATIONS OF LIABILITY: Releasees are not responsible for lost, late, incomplete, stolen, misdirected, postage due, separated or illegible, mail, entries, or email; or for any computer, telephone, satellite, cable, network, electronic or Internet hardware or software malfunctions, failures, connections, or availability, or garbled, corrupt or jumbled transmissions, service provider/Internet/web site/use net accessibility, availability, or traffic congestion, or any technical error, or unauthorized human intervention, or the incorrect or inaccurate capture of registration, entry, Entry Materials or other information, or the failure to capture, or loss of, any such information. Releasees are not responsible for any incorrect or inaccurate information, whether caused by Web site users, tampering, hacking, or by any of the equipment or programming associated with or utilized in the Promotion and assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, technical error, theft or destruction or unauthorized access to, or use of, the Web sites. Releasees are not responsible for errors of any kind whether human, mechanical, electronic, network, typographical, printing or otherwise relating to or in connection with the Contest, including, without limitation, errors which may occur in connection with the administration of the Contest, the processing of entries, the announcement of the prizes or in any Contest-related materials; The right is reserved by Sponsor at their sole discretion, to disqualify any individual found, at their sole discretion, to be tampering with the entry process or the operation of the Promotion or Web sites, to be acting in violation of the Official Rules; or to be acting in a non-sportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. Any use of robotic, automatic, macro, programmed or third party entry methods will void all such entries by such methods, and disqualify any participant using such methods. Releasees are not responsible for injury or damage to participants’ or to any other person’s computer related to or resulting from participating in this Promotion or downloading materials from a Web site or use of a Web site. If, for any reason, the Promotion is not capable of running as planned by reason of, but not limited to, infection by computer virus, worms, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which Sponsor, in its sole opinion, deems could corrupt or affect the administration, security, fairness, integrity or proper conduct of this Promotion, Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Promotion and/or proceed with the Promotion in a manner deemed fair and appropriate by Sponsor. In case of dispute, the authorized subscriber of the email account used to enter the Promotion at the actual time of entry will be deemed to be the participant, and must comply with these Official Rules. The authorized account subscriber is deemed to be the natural person who is assigned an email address by an Internet Access Provider, on-line service provider, or other organization, which is responsible for assigning email addresses.

IN NO EVENT WILL RELEASEES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO AND USE OF THE PROMOTION INTERNET SITE OR DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM SAID SITE. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THIS SITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.

8. WAIVER OF JURY TRIAL/ DISPUTE RESOLUTION/CHOICE OF LAW: Except where prohibited, participants agree that: (a) any and all disputes, claims, and causes of action arising out of or connected with this Promotion shall be resolved individually, without resort to any form of class action, and exclusively by an action in state or federal court located in the State of California, and, any right to a trial by jury, and a trial by jury, is waived, and (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in this Promotion but in no event attorneys’ fees; and (c) under no circumstances will participant be permitted to obtain awards for and participant 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. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of participant and/or Sponsor in connection with this Promotion, shall be governed by, and construed in accordance with, the laws of the State of California without regard for conflicts of law doctrine of any jurisdiction.

9. PRIVACY: The information provided for Internet entry will be subject to the Sponsor’s Privacy Policy of the www.delamina.com web site. To read that Policy, access that web site and click on the Privacy Policy link.

10.WINNERS LIST: For the name of the winners, mail a self-addressed stamped envelope to: Delamina Make a Statement Contest, c/o Delamina, 259 Frederick St., San Francisco, CA 94117 for receipt by 10/15/09.

11. SPONSOR:
Delamina Inc., 800 El Camino Real, Suite 230, Menlo Park, CA 94025