TACORI Valentine’s Day Sweepstakes Rules
The rules provided below (“Promotion Rules”) are the rules for the TACORI Valentine’s Day Sweepstakes offered through its Tacori Facebook page at the following URL http://www.facebook.com/TACORI (“Promotion”). You accept the Promotion Rules by submitting any content or information (collectively “Materials”) through http://www.facebook.com/TACORI (“Tacori Facebook Page”) to be considered for the Promotion. If you do not have legal authority or do not agree with the Promotion Rules, you may not participate in the Promotion and will not be eligible for any award or prize. Tacori reserves the right in its sole discretion to alter any of the Promotion Rules at any time.
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
The Promotion is open to legal residents of the fifty (50) United States and Washington, D.C. or Canada (excluding the Province of Quebec), who are over the age of majority in their jurisdiction of residence. The Promotion is also open legal residents of countries, other than those embargoed by the United States of America or otherwise sanctioned by the United States Government in any way. Entries are limited to individuals only, commercial enterprises and business entities are not eligible. There is no purchase necessary to enter or to win the Promotion. A purchase will not improve your chances of winning the Promotion. You must be a member of the social media site on which the Promotion is being conducted in order to participate. The officers, directors, and employees of Tacori, and/or any other party having responsibility for the development or administration of this Promotion, including the immediate family members (i.e., parents, children, siblings, spouse) of the foregoing, are prohibited from entering the Promotion. Any violation of the Promotion Rules may result in disqualification. Tacori shall not have any obligation to notify violators of their disqualification. This Promotion is void where prohibited.
2. Promotion Period
The Promotion begins on January 20, 2011 at 12:01 a.m. Pacific Daylight Time (“PDT”) and ends on February 13, 2012 at 11:59 p.m. PDT (the “Promotion Period”). All entries must be received during the Promotion Period in order to be eligible for a Promotion award or prize. Administrator’s computer is the official time keeping device for this Promotion.
3. How to Enter
To enter, during the Promotion Period, visit www.facebook.com/tacori. You will receive one (1) entry into the Promotion upon successful completion and submission of the online entry form. Limit one (1) entry per person/email address during the Promotion Period. Additional entries received from any person/email address will be void.
Multiple entrants are not permitted to share the same email address. Use of any script, macro or automated system to participate or subvert the entry process is prohibited and will result in disqualification and all associated entries will be void. Released Parties (as defined below) are not responsible for lost, late, incomplete, invalid, unintelligible, inaccurate, stolen, delayed or misdirected entries, all of which will be disqualified. In the event of a dispute as to any entry, the authorized account holder of the email address used to enter will be deemed to be the entrant and must comply with the Promotion Rules. 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.
All Materials submitted/posted to Tacori become the sole and exclusive property of Tacori, and Tacori shall have no obligation to preserve, return or make available these Materials to you or others. Entry into the Contest constitutes entrant’s irrevocable and perpetual permission and consent, without further compensation or attribution, to use, reproduce, modify, create derivative works from, print, publish, transmit, distribute, sell, perform, adapt, enhance, and display such Materials for any purpose, including but not limited to editorial, advertising, trade, commercial, and publicity purposes by Tacori, and/or others authorized by Tacori, in any and all media now in existence or hereinafter created, throughout the world, for the duration of the copyright in the Materials. Tacori, and/or others authorized by Tacori, shall have the right to edit, adapt, and modify the Materials. You represent and warrant that the Materials are original do not infringe any copyright, trademark, proprietary rights, rights of privacy or publicity of any person, or any other right of any third party, and that you have the full and unrestricted right to transfer the Materials to Tacori free and clear of any claims or encumbrances.
4. Winner Selection/Notification
The Materials meeting all eligibility requirements and chosen at random shall constitute the winner of the Promotion (individually referred to as “Winner” and collectively as ‘Winners”). There will be a maximum of three prizes and a maximum of one one Winner per prize. Two Winners will receive a one-hundred dollar ($100) American Express gift card in United States currency. No cash equivalency exchanges will be made. One Winner will receive Tacori earrings style number SE 105P13.
All federal, state, provincial, territorial and/or local income and other taxes, if any, are Winner’s sole responsibility. Tacori shall not have any obligation to pay any taxes related to awarding the prizes or notify any Winner of any tax obligation(s).
The winner will be chosen at random and will be notified shortly following the Feb 13, 2012 closing date of the sweepstakes (“Decision Date”). Tacori will make every reasonable effort to contact the winner via phone, or e-mail or Facebook.The notified winner must respond within three days (72 Hours) from the Decision Date to be eligible for a prize. If any winner does not respond within that time, the winner forfeits all rights to the prize and an alternate winner may be selected. Winners must meet all eligibility requirements and comply with all the Promotion Rules as described herein. Tacori will determine whether each winner meets those requirements only for those winners who have responded within the time allotted after the Decision Date as specified above. Winners who do not meet all eligibility requirements and who do not comply with the Promotion Rules as described herein may be disqualified and alternate winners may be selected.
If, in Tacori’s opinion, there is any suspected or actual evidence of fraud, electronic or non-electronic tampering or unauthorized intervention with any portion of the Promotion, or if fraud or technical difficulties of any sort (e.g., computer viruses, bugs) compromise the integrity of the Promotion, Tacori reserves the right to void suspect entry and/or evaluations and/or terminate the Promotion and award the prize in its sole discretion. Furthermore, Tacori reserves the right to disqualify entrants for any act they deem as cheating.
6. Entry Conditions and Release
Entrants are solely responsible for their own actions and agree to defend, indemnify and hold harmless Tacori, their parents, subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies and divisions and the officers, directors, employees, agents, successors, assigns and licensees from and against any claim or cause of action, any liability for losses, damages or injuries arising in connection with their participation in the Promotion or the award of a prize, including, but not limited to, personal injury, death or damage to or loss of property, arising out of participation in the Promotion or receipt or use or misuse of any prize or participation in any Promotion related activity and for any claims based on publicity rights, defamation or invasion of privacy. You acknowledge and agree that any Materials you submit may be made available by Tacori for viewing, rating and commenting by the public. You acknowledge that comments or ratings that you disagree with or are not content about may be published or otherwise become associated with Materials that you submit to Tacori. By submitting Materials to Tacori, you waive any privacy expectations that you may have with respect to the Materials.
This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook. You understand that you are providing your information to Sponsor and Administrator and not to Facebook.
Except where prohibited by law or regulation, you grant Tacori permission to use your name, username, online alias, likeness and statements for any purpose in reference to the Promotion without additional compensation, consideration or consent for advertising and promotional purposes in any and all media, now or hereafter devised, worldwide in perpetuity.
Entries that are lost, received after the Promotion Period, misdirected, incorrect, garbled, or incompletely received, for any reason, including by reason of hardware, software, browser, or network failure, malfunction, congestion, incompatibility or technical errors occurring on any social media site on which the Promotion is conducted will not be eligible for consideration in the Promotion. Entries will be deemed submitted by the authorized account holder of the e-mail address submitted at the time of entry. Tacori, in its sole discretion, reserves the right to disqualify any person that it determines has tampered with the entry process, the integrity of the selection process, or the operation of the Tacori Facebook Page. Use of bots or other automated process to enter Promotion is prohibited and may result in disqualification at the sole discretion of Tacori. Tacori further reserves the right to cancel, terminate or modify the Promotion at any time without prior notice if any fraud, technical failures or any other factors beyond Tacori’s reasonable control impairs the integrity or proper functioning of the Promotion, as determined by Tacori in its sole discretion, and/or to select a winner for the prize from eligible Materials received prior to the cancellation.
TACORI MAKES NO WARRANTIES, REPRESENTATIONS OR GUARANTEES, EXPRESS OR IMPLIED, IN FACT OR IN LAW, AS REGARDS THIS CONTEST OR THE MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE REGARDING ANY PRIZE OR ANY COMPONENT OF ANY PRIZE. CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE THE TACORI FACEBOOK PAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, TACORI RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING WITHOUT LIMITATION ATTORNEYS’ FEES) FROM ANY SUCH ENTRANT TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
The Promotion is subject to all applicable federal, state, provincial, territorial and local laws and regulations and is not available to those residing in jurisdictions where such contests are prohibited. Issues concerning the construction, validity, interpretation and enforceability of these Promotion Rules shall be governed by the laws of the State of California. All disputes arising out of or connected with this Promotion will be resolved individually, and without resort to class action, exclusively by binding arbitration under the auspices of JAMS (Judicial Arbitration and Medication Service) in Los Angeles, California. Any and all claims, judgments and awards in connection with the Contest shall be limited to actual out-of-pocket costs incurred in connection with the Contest but in no event attorneys fees; and under no circumstances will an entrant be permitted to obtain awards for, and entrants hereby waive all rights to claim punitive, incidental and consequential damages and any other damages, other than actual out-of-pocket expenses, and hereby waives all rights to have damages multiplied or otherwise increased. These Promotion Rules will bind all contestants, and their respective heirs, representatives, successors and permitted assigns. These Promotion Rules supersede any prior oral or written agreements relating to rules or procedures for the Promotion. These Promotion Rules will not be construed to impose upon Tacori any obligations for any losses, debts or other obligations incurred by any Promotion participant.