SHANE CO. – INSTAGRAM #HOLIDAYHINT GIVEAWAY
OFFICIAL RULES
NO PURCHASE OR PAYMENT OF ANY KIND NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. THIS GIVEAWAY IS INTENDED FOR PLAY IN THE UNITED STATES AND WILL BE GOVERNED BY COLORADO LAW. DO NOT ENTER IF YOU ARE NOT ELIGIBLE OR LOCATED OUTSIDE OF THE UNITED STATES AT THE TIME OF ENTRY.
1. ELIGIBILITY.
a. Requirement. The Shane Co. – Instagram #HolidayHint Giveaway (the “Giveaway”) is open to legal residents of the 50 United States and the District of Columbia who are 18 years of age or older at the time of entry.
b. Exclusion. Employees, contractors, directors, and officers of Shane Co. (the “Sponsor”) and their respective parents, subsidiaries, and affiliated companies and distributors, and the advertising, fulfillment, judging, and promotion agencies involved in the development and administration of the Giveaway (collectively the “Promotional Parties”), and their immediate family members (spouse, parent, child, sibling, and their respective spouses, regardless of where they reside) and household members, whether or not related, are not eligible to participate. This Giveaway is void outside the United States, where prohibited by law, and in New York, Rhode Island, and Florida. Subject to all applicable federal, state, and local laws and regulations.
c. Social Media Sites. This Giveaway is in no way sponsored, endorsed, or administered by, or associated with Instagram, Facebook, Twitter, Google, Pinterest, LinkedIn, or other social media sites (the “Social Platforms”). You understand that you are providing your information to Sponsor and not to the Social Platforms. This promotion is subject to the terms and conditions of the applicable Social Platforms. You hereby fully and completely release the Social Platforms from any costs, liabilities, or expenses of any kind that are related to, directly or indirectly, this Giveaway.
d. Agreement with Official Rules. Participation in this Giveaway constitutes entrant’s full and unconditional agreement to these Official Rules and to Sponsor’s and any judges’ decisions, which are final and binding on all matters related to the Giveaway.
2. PROMOTION PERIOD. The Giveaway begins on December 2, 2015 at 2:00 p.m. mountain time and ends on December 8, 2015, at 11:59 p.m. mountain time (the “Promotional Period”). The Sponsor’s clock is the official clock for this Giveaway.
3. HOW TO ENTER. To enter the Giveaway, complete one of the following two methods of entry. Any form of entry other than described herein is void. Limit one entry per person per drawing, regardless of the manner of entry. Should multiple users of the same email account enter the Giveaway and a dispute thereafter arises regarding the identity of the entrant, the authorized account holder of said email account at the time of entry will be considered the entrant. “Authorized account holder” means the natural person who is assigned an email address by an internet service provider (“ISP”), online service provider, or other organization (e.g., a business, educational institution, etc.) which is responsible for assigning email addresses or the domain name associated with the submitted email address.
a. On Instagram. To enter, visit Sponsor’s Instagram page (Instagram handle: @ShaneCompany; link: www.instagram.com/shanecomapny) during the Promotional Period and leave a comment including the hashtag “#HolidayHint” on any of the seven #HolidayHint Instagram photos uploaded by Sponsor during the Promotional Period. Sponsor will upload one #HolidayHint Instagram photo per day during the Promotional Period. All #HolidayHint Instagram photos uploaded for this Giveaway will have “#HolidayHint Giveaway” written in the lower right hand corner. Limit one Instagram entry per Instagram account per day.
b. Free Alternative Method of Entry. Send an email to Sponsor at [email protected], with the subject “Instagram #HolidayHint Giveaway” and include your first and last name, gender, date of birth, and email address in the body of the email. Email entries received by Sponsor during the Promotional Period will be entered into the drawing for the prize to be given on the day the email was received. Limit one email entry per valid email address per day.
4. ENTRANT’S PERSONAL INFORMATION. Personal information collected from entrants is subject to the Privacy Policy found at http://www.shaneco.com/About/PrivacyPolicy.htmx. By entering the Giveaway, you expressly agree to the terms of the Privacy Policy. The Privacy Policy discusses how Sponsor may use your personal information. If you are selected as a winner, your information may also be included in a publically available winners list.
5. PRIZE DRAWING. On or about 10:00 a.m. mountain time on December 9, 2015, seven potential winners (each a “Daily Winner”) will be selected in a random drawing of all eligible entries received during each day during the Promotional Period. Seven Daily Winners will be selected in total, representing one Daily Winner from each day of the Promotional Period. The odds of winning a prize are one out of the total number of eligible entries received for that drawing.
6. PRIZE WINNER NOTIFICATION AND REQUIREMENTS. Each Daily Winner will be notified via Instagram on or about December 9, 2015. Each Daily Winner must respond to the Instagram notification within 48 hours to claim the prize. Each Daily Winner may be required to complete, sign, and return to Sponsor a W-9, an affidavit of eligibility, and a liability and publicity release within three days of the date of the attempted notification. The prize may be forfeited (a) if the potential winner cannot be contacted within 48 hours; (b) if the potential winner fails to sign aW-9, an affidavit, and/or a release within three days of being contacted, if required; (c) if a potential winner is not in compliance with these Official Rules, or (d) if a prize or prize notification is returned as undeliverable. Sponsor is not responsible if entrant changes his or her Instagram account. In the event that a Daily Winner is disqualified for any reason, Sponsor reserves the right, but does not have the obligation, to award the prize to an alternate entrant who will also be selected randomly, even if the disqualified Daily Winner’s name was publically announced. All prize details are at Sponsor’s sole discretion.
7. PRIZE. Each Daily Winner will be awarded one prize package. There are seven prize packages in total, with a total approximate retail value of $3,300. The Prize cannot be returned to Sponsor in any way. No cash alternative or substitution will be allowed, except Sponsor reserves the right in its sole discretion to substitute a prize for another article of comparable value if the prize listed is unavailable for any reason.
• December 2, 2015: One (1) bezel-set round .32 carat diamond twirl pendant in 14k rose gold ($795) and one (1) pair of bezel-set .32 carat total weight round diamond twirl earrings in 14k rose gold ($625). Total Value: $1,420
• December 3, 2015: One (1) cultured freshwater pearl necklace with matching bracelet in sterling silver ($100) and one (1) cultured freshwater pearl dangle earrings in sterling silver ($40). Total value: $140.
• December 4, 2015: One (1) white sapphire infinity necklace in sterling silver ($100) and one (1) white sapphire infinity earrings in sterling silver ($100). Total value: $200.
• December 5, 2015: One (1) pear-shaped garnet and diamond earrings in sterling silver, ($350) and one (1) pear-shaped garnet and diamond pendant in sterling silver ($295). Total value: $645.
• December 6, 2015: One (1) triple chain necklace set in sterling silver ($100) and one (1) black agate double chain necklace in sterling silver ($100). Total value: $200.
• December 7, 2015: One (1) Kentucky blue sapphire floral dangle earrings in sterling silver ($195) and one (1) Kentucky blue sapphire floral pendant in sterling silver ($175). Total value: $370.
• December 8, 2015: One (1) forever connected double circle necklace in 14k yellow gold ($195) and one (1) pair of 8mm 14k yellow gold ball stud earrings ($130). Total value: $325.
8. OTHER PRIZE TERMS. All taxes are the sole responsibility of the winner. Limit one prize per person or household. All prizes are provided with Sponsor’s free lifetime warranty as it pertains to the care and cleaning of the prizes (if applicable), as is set forth online here: http://www.shaneco.com/About/LifetimeGuarantee.htmx. Prizes and obligations pursuant to these Official Rules cannot be assigned. No purchase is necessary to enter or win a prize. A purchase will not increase your chance of winning.
9. ENTRANT GENERATED CONTENT. This Sweepstakes involves the entrant’s submission of a comment to a photograph supplied by Sponsor (the “Content”). Sponsor may use the Content in Sponsor’s advertising and for other lawful purposes.
DO NOT ENTER THIS SWEEPSTAKES IF YOU DO NOT AGREE
TO SPONSOR’S USE OF YOUR CONTENT OR IF YOUR CONTENT
VIOLATES ANY INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY.
a. Grant of License. Entrant hereby grants to Sponsor a perpetual, irrevocable, worldwide, non-exclusive, fully transferrable (with the right to sublicense), fully paid-up right and license (i) to reproduce, prepare derivative work, distribute, perform publically, and display publically the entrant’s Content for any lawful purpose and (ii) to all of entrant’s rights in the Content, including the right to sublicense the Content and to use the Content in any advertising or for other lawful purpose. Entrant understands that Sponsor or it designees or sublicensees may use the Content for advertising and other purposes and, upon such use, entrant is not entitled to any further compensation.
b. Representations and Warranties. Entrant represents and warrants to Sponsor that (i) the entrant’s Content does not violate the rights of any third party, including any rights in copyright, trademark, trade secret, publicity, or likeness, and (ii) the entrant’s Content does not disparage, denigrate, defame, libel, slander, or cast false lights on Sponsor or any third person.
c. Indemnification. Entrant will defend, indemnify, and hold harmless Sponsor against any and all claims, liabilities, settlements, expenses, and related attorneys’ fees and costs incurred or suffered by Sponsor arising out of or resulting from (i) any claim of a third party arising from the infringement or violation of a third party’s rights in the entrant’s Content or (ii) any claim of a third party that the entrant’s Content is defamatory, libelous, slanderous, or cast a false light.
10. GENERAL CONDITIONS.
a. Publicity Release. By accepting a prize, each Daily Winner grants Sponsor and its designees and sublicensees the right to use his/her name, biographical information, testimonial, photo and/or likeness, voice, and/or prize information or personal exposition (and/or any edited portion thereof) for advertising, publicity, promotional, and other purposes in any and all media, now or hereafter devised, throughout the world in perpetuity, without additional compensation, notification, or permission, except where prohibited by law.
b. Force Majeure. Released Parties’ (defined below) failure to comply with these Official Rules dues to an act of God, natural disaster, war, terrorism, communications system or network error or failure, cyber-attack or hacking, actions of governmental control, or other events outside the control of the Released Parties shall not be considered a breach of these Official Rules.
c. Disqualification. Persons who tamper with or abuse any aspect of the Giveaway or website, who are in violation of these Official Rules, or who act in an unsportsmanlike or disruptive manner as solely determined by Sponsor, will be disqualified and all associated entries will be void. Sponsor reserves the right at its sole discretion to suspend, modify, or terminate the Giveaway for any reason, including, but not limited to, should any portion of the Giveaway be, in Sponsor’s sole opinion, compromised by virus, worms, bugs, non-authorized human intervention or other causes which, in the sole opinion of the Sponsor, corrupt or impair the administration, security, fairness, or proper play, or submission of entries. If so terminated, at the Sponsor’s discretion, Sponsor may randomly select the winners from among all eligible, non-suspect entries received prior to termination or as otherwise deemed fair and appropriate by Sponsor.
d. Other Terms and Conditions. Automated entries are prohibited, and any use of automated devices will cause disqualification. Sponsor reserves the right at its sole discretion to disqualify any individual who tampers with the entry process. Entrants may not register with multiple email addresses nor may entrants use any other device to register multiple times or as multiple registrants. Any entrant who attempts to enter with multiple email addresses under multiple identities or uses any device or artifice to enter multiple times will be disqualified and forfeits any and all prizes won, in Sponsor’s discretion. Each entrant agrees to receive commercial emails from Sponsor, which the entrant may opt-out of by following the instructions in the commercial emails.
11. LIMITATION OF LIABILITY.
a. Release. By entering the Giveaway, each entrant agrees for entrant and for entrant’s heirs, executors, and administrators (i) to release, defend, indemnify, and hold harmless the Promotional Entities and their respective officers, directors, employees, agents, affiliates, and parent corporations (collectively, “Released Parties”) from any and all costs, injuries, losses, or damages of any kind, including, without limitation, death and bodily injury, due in whole or in party, directly or indirectly, to participation in the Giveaway or any Giveaway related activity, or from entrant’s acceptance, receipt, possession and/or use or misuse of a prize; (ii) that Released Parties have neither made nor are in any manner responsible or liable for any representation or guarantee express or implied, in fact or in law, with respect to any prize, including, without limitation, to such prize’s quality or fitness for a particular purpose; (iii) to comply with all Promotion Entities’ policies, terms, and conditions relating to the use of Promotion Entities’ websites; and (iv) to be bound by these Official Rules and to waive any right to claim any ambiguity or error therein or in the Giveaway itself. Failure to comply with these conditions may result in disqualification from the Giveaway at Sponsor’s sole discretion. This release, defense, indemnification and hold harmless obligation shall survive any expiration or termination of the Giveaway.
b. Limitation of Liability. SPONSOR’S LIABILITY ARISING IN CONNECTION WITH THIS GIVEAWAY WHETHER IN CONTRACT, IN TORT, UNDER ANY WARRANTY, IN NEGLIGENCE, OR OTHERWISE SHALL NOT EXCEED THE AMOUNT OF (I) $5.00 WITH RESPECT TO NON-WINNERS; (II) $500.00 WITH RESPECT TO WINNERS AND SHALL BE FURTHER LIMITED TO ACTUAL DAMAGES EQUAL TO OR LESS THAN SUCH AMOUNTS, RESPECTIVELY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, SPONSOR SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR EXEMPLARY DAMAGES OR FOR ATTORNEYS’ FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM. ENTRANT IS NOT ENTITLED TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR OTHER EQUITABLE RELIEF.
12. ADJUDICATION OF CLAIMS.
DO NOT ENTER THIS GIVEAWAY IF YOU DO NOT AGREE TO HAVE ANY CLAIM
OR CONTROVERSY FINALLY DECIDED IN ACCORDANCE WITH THESE OFFICIAL RULES.
a. Binding Arbitration.
i. Arbitration Required. Any claim, dispute, or controversy arising under or related to this Giveaway shall be resolved first by means of direct discussions with Sponsor. If not resolved pursuant to such discussions, claim, dispute, or controversy shall then be resolved by final and binding arbitration administered by Judicial Arbitration and Mediation Services, Inc. (“JAMS”), in accordance with its streamlined arbitration rules and procedures or subsequent versions thereof (the “JAMS Rules”). The JAMS Rules for selection of an arbitrator shall be followed, except that the arbitrator shall be experienced and licensed to practice law in Colorado. All proceedings brought pursuant to this agreement will be conducted in the county of Denver in the state of Colorado. Any claim, dispute, or controversy arising out of or related to this Giveaway must be submitted to JAMS within three months from the last day of the Promotional Period; otherwise, such claim is permanently barred.
ii. CLASS ACTION WAIVER. ANY ARBITRATION PROCEEDING TO RESOLVE ANY DISPUTE SHALL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS AND ENTRANT WILL NOT SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, A REPRESENTATIVE ACTION, OR IN ANY PROCEEDING IN WHICH AN ENTRANT OR SPONSOR ACTS OR PROPOSES TO ACT IN A REPRESENATIVE CAPACITY. NO ARBITRATION OR PROCEEDING WILL BE JOINED, CONSOLIDATED, OR COMBINED WITH ANOTHER ARBITRATION OR PROCEEDING WITHOUT THE WRITTEN CONSENT OF ENTRANT, SPONSOR, AND ALL PARTIES TO ANY SUCH ARBITRATION OR PROCEEDING.
iii. Severability. If the class action waiver set forth above is held to be invalid or unenforceable, then the entirety of this arbitration provision shall be null and void and neither claimant nor Sponsor shall be entitled to arbitrate such dispute.
b. Litigation in Certain Circumstances.
i. WAIVER OF JURY TRIAL. IF THE BINDING ARBITRATION PROVISION ABOVE IS DETERMINED TO BE NULL AND VOID OR IF ANY CLAIM OR CONTROVERSY MUST BE LITIGATED FOR ANY REASON, ENTRANT AND SPONSOR HEREBY WAIVE ANY RIGHT THEY MAY HAVE TO A TRIAL JURY IN ANY ACTION, SUIT, OR PROCEEDING ARISING OUT OF OR IN CONNECTION WITH THIS GIVEAWAY.
ii. CLASS ACTION WAIVER. ANY ACTION, SUIT, OR PROCEEDING ARISING OUT OF OR IN CONNECTION WITH THIS GIVEAWAY SHALL BE IN THE ENTRANT’S INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE JUDGE MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED.
iii. Venue. Any action brought by entrant or sponsor under this agreement shall only be brought in a state or federal court located in the county of Denver, state of Colorado. Entrant hereby submits to the jurisdiction and venue of such courts and waives any objection to which the entrant otherwise might be entitled regarding such jurisdiction or venue.
13. GOVERNING LAW. These Official Rules and the Giveaway are governed by U.S. laws and are subject to all applicable federal, state and local laws and regulations. All issues and questions concerning the construction, validity, interpretation, and enforceability of the Official Rules, or the rights and obligations of entrant and Sponsor in connection with the Giveaway, shall be governed by, and construed in accordance with, the laws of the state of Colorado, U.S.A., without giving effect to the conflict of laws rules thereof, and any matters or proceedings which are not subject to arbitration as set forth herein and/or for entering any judgment on an arbitration award, shall take place in the county of Denver, state of Colorado.
14. SEVERABILITY. If any provision(s) of these Official Rules are held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect. Sponsor may, in its discretion, replace the invalidated or unenforceable provisions with valid and enforceable provisions that, in the Sponsor’s discretion, fulfill the intent of the Giveaway and these Official Rules.
15. COPY OF WINNER LIST AND OFFICIAL RULES. For the names of the winners or copy of these Official Rules, send your request to Shane Co. – Instagram #HolidayHint Giveaway Winners List, PO Box 3552, Englewood, CO 80155-9922. All such requests must be received by December 30, 2015.
16. SPONSOR. The Sponsor is Shane Co., PO Box 3552, Englewood, CO 80155-9922.
ABBREVIATED RULES. No purchase necessary. A purchase will not increase your chances of winning. Giveaway begins 12/2/15 and ends 12/8/15. Void where prohibited. See official rules at http://www.shaneco.com/Contest/Rules2 for further details.