“Galentine’s Day Sweepstakes” Official Rules
NO PURCHASE OR PAYMENT IS NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
These “Galentine’s Day Sweepstakes” Official Rules (“Terms”) are the Terms for the Tacori Enterprises (“Tacori”) promotion (the “Promotion”) hosted through Instagram. You accept these Terms to be considered for the Promotion. If you do not have legal authority or do not agree with these Terms, you may not participate in the Promotion and will not be eligible for any award or prize.
1. Entry Period: The “Galentine’s Day Sweepstakes” (the “Sweepstakes”) commences at 9 AM Pacific Time (PST) on Thursday, January 23, 2020, and ends at 11:59 PM PST on Thursday, February 6, 2020 the “Sweepstakes Period”). Sponsor’s computer is the official time-keeping device for this Sweepstakes. All entries must be received by 11:59 PM on Thursday, February 6, 2020 to qualify. The odds of winning depend on the total number of Eligible Entries (hereinafter defined) received for the Sweepstakes.
2. Eligibility: The Sweepstakes is open to individuals who are legal residents of one (1) of the fifty (50) United States and the District of Columbia, and who are at least eighteen years of age or older at the time of entry. Entrants must have an Instagram account in order to enter. Employees, officers, directors, and members and their immediate families (i.e., parents, spouse, children, siblings, grandparents, step parents, step children and step siblings) and members of their household (whether related or not) – of Tacori, Instagram (“Instagram”) and each of their respective affiliates; parents; related companies; sponsors; subsidiaries; advertising, promotion, and public relations agencies; and third party fulfillment agencies (collectively, the “Sweepstakes Entities”) are not eligible to enter this Sweepstakes. Individuals may only win once during the Sweepstakes Period.
4. Winners Selection/Notification: One (1) winner (the “Winner”) will be randomly selected from all Eligible Entries received during the Sweepstakes Period and notified by the Sponsor. Winners will be selected within 48 hours after the Sweepstakes Period ends. Sponsor will make up to two (2) attempts over the twenty-four (24) hour period following the selection of the Winner to contact the Winner via their channel of entry - Instagram– via Direct Reply Message or via contact information supplied on the secondary method of entry (if applicable). If a potential Winner(s) does not respond within twenty-four (24) hours of being contacted following the second attempt, such potential Winner(s) will be disqualified and an Winner(s) will be selected through a random drawing from among the remaining Eligible Entries received. This process will be repeated until the winner responds.
5. Winners, Verification: The potential Winner must prove eligibility, including, without limitation, proof of age and residence (if applicable) within two (2) days of being notified as a potential Winner. In the event of non-compliance by a potential Winner, such potential Winner shall be disqualified and all privileges otherwise due as the Winner shall be terminated and an alternative potential Winner may be chosen through a random drawing from among all of the remaining Eligible Entries received, if time permits, in Sponsor’s sole discretion. If applicable, Winner must provide proof of majority in the jurisdiction in which he/she resides within three (3) days of receipt of the following documents from Sponsor: (a) an affidavit of eligibility and liability release of Sweepstakes Entities and its respective officers, directors, employees, agents and members (“Releases”), from any and all liability, loss, claims, demands, and causes of action for personal injury and/or damage, theft, loss, or any other harm suffered in connection with this Sweepstakes or the use/misuse or acceptance of a Prize (as hereinafter defined) or any portion thereof to be eligible for a Prize; and (b) except where prohibited by law, a publicity release granting Sweepstakes Entities the right to use his/her name and likeness for advertising and publicity purposes without additional compensation; and (c) any other documentation required by Sponsor, including a W2 form and Prize Winner’s social security number for tax purposes (collectively, the “Releases”). Entry into this Sweepstakes constitutes agreement to sign such Releases. The Winner also must acknowledge that Sponsor has not and will not obtain or provide insurance of any kind relating to the Prize and that Winner will be responsible for obtaining and paying for any life, travel, accident, property or other form of insurance relating to the Grand Prize, if applicable. The Winner must also complete any additional legal documents provided by Sponsor (or third party on its behalf, if applicable) with respect to the Prize and return them as instructed within the time frame specified by Sponsor or Winner may forfeit Prize at Sponsor’s sole discretion. Decisions of the Sponsor relating to the Sweepstakes are final. Sponsor expressly reserves the right to delay the announcement of the Winners for creative or technical reasons or for any other reason Sponsor deems necessary.
6. Prizes: One Winner will receive the following (collectively referred to as “prize”):
- One (1) Tacori Petite Crescent Station Necklace featuring Rose gold Amethyst (Tacori Style No. SN23713FP); Two (2) Tacori Petite Crescent Station Necklaces featuring Rose gold Amethyst (Tacori Style No. SN23713FP), which shall be delivered to two of her designated recipients.
- One (1) Petite Crescent Crown Gem Ring featuring Rose Amethyst (Tacori Style No. SR23413FP), Two (2) Petite Crescent Crown Gem Ring featuring Rose Amethyst (Tacori Style No. SR23413FP), which shall be delivered to two of her designated recipients.
- One (1) Wolf Caroline Zip Travel Case in Ivory, Two (2) Wolf Caroline Zip Travel Case in Ivory, which shall be delivered to two of her designated recipients.
- One (1) Wolf Caroline Zip Travel Case in Rose Quartz, Two (2), which shall be delivered to two of her designated recipients.
The approximate retailer value (“ARV”) of the prize is $1,120.00 USD. The fulfillment date of the Prizes will be on or before February 29, 2020. This is subject to change in Sponsor’s sole discretion.
7. General Prize Terms: Arrangements for fulfillment of the Grand Prize will be made by Sponsor. All costs and expenses not specifically listed as part of the Prize are solely Prize Winner’s responsibility. The value of the Prize may be taxable to the Prize Winner as income. The Prize Winner may need to supply Sponsor with his/her social security numbers for tax purposes. An IRS Form 1099 may be issued in the name of the Prize Winner, or if a minor in the jurisdiction in which he/she resides, in the name of his/her parent or legal guardian, for the actual value of the Prize received. Upon entry into the Sweepstakes, the Prize Winner (as well as all other entrants) is required to comply with any and all applicable federal, state, and local laws, rules, and regulations. All federal, state and local taxes (if any), and any other costs and expenses associated with the Prize not specifically provided for in these Official Rules, are solely Prize Winner’s responsibility. Sponsor shall have no responsibility or obligation to the Prize Winner or potential Prize Winner who is unable or unavailable to accept or utilize the Prize as described herein. No substitution, transfer or cash equivalent of the Prizes or any portion thereof is permitted, except by Sponsor, in which case a prize of comparable or greater value may be awarded. Sponsor will not replace lost or stolen Prizes.
8. General Terms: Receipt of any prize in this Sweepstakes is conditioned upon compliance with any and all applicable federal, state and local laws, rules, and regulations. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. Noncompliance with any of these Official Rules may result in disqualification. ANY VIOLATION OF THESE OFFICIAL RULES BY A PRIZE WINNER OR ANY BEHAVIOR BY A PRIZE WINNER THAT WILL BRING SUCH PRIZE WINNER OR SWEEPSTAKES ENTITIES INTO DISREPUTE (IN SPONSOR’S SOLE DISCRETION) WILL RESULT IN SUCH PRIZE WINNER’S DISQUALIFICATION AS A PRIZE WINNER OF THE SWEEPSTAKES AND ALL PRIVILEGES AS THE PRIZE WINNER WILL BE IMMEDIATELY TERMINATED. Entries generated by a script, computer programs, macro, programmed, robotic or other automated means will be disqualified. Entries that are incomplete, illegible, corrupted, false, lost, late or misdirected, deceptive or otherwise not in compliance with the Official Rules may be disqualified from the Sweepstakes at Sponsor's sole and absolute discretion. Proof of sending or submission of entry will not be deemed proof of receipt by Sponsor. If, for any reason, the Sweepstakes is not capable of running as planned, including, without limitation, unauthorized intervention, fraud, or any other causes beyond the control of Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Sweepstakes, Sponsor reserves the right in its sole discretion to cancel, terminate, modify or suspend the Sweepstakes. Should the Sweepstakes be terminated prior to the stated expiration date, the Prizes may be awarded to Winners to be selected from among all Eligible Entries received up until and or after (if applicable) the time of modification, cancellation or termination or in a manner that is fair and equitable as determined by Sponsor. All interpretations of these Official Rules and decisions by Sponsor are final. CAUTION: ANY ATTEMPT BY ANY INDIVIDUAL TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW. Entrants agree to indemnify and hold harmless Sweepstakes Entities from any and all liability resulting or arising from the Sweepstakes, to release all rights to bring any claim, action or proceeding against Sweepstakes Entities.
9. GOVERNING LAW/JURISDICTION. THE CALIFORNIA COURTS (STATE AND FEDERAL) SHALL HAVE SOLE JURISDICTION OF ANY CONTROVERSIES REGARDING THE SWEEPSTAKES AND THE LAWS OF THE STATE OF CALIFORNIA (as distinguished from the choice of law rules) SHALL GOVERN THE SWEEPSTAKES. EACH ENTRANT WAIVES ANY AND ALL OBJECTIONS TO JURISDICTION AND VENUE IN THESE COURTS AND HEREBY SUBMITS TO THE JURISDICTION OF THOSE COURTS. Except where prohibited, as a condition of participating in this Sweepstakes, each entrant agrees that any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes, the Prizes awarded, or the determination of the Official Winner shall be resolved individually, without resort to any form of class action. Participant further agrees that in any cause of action, the Sweepstakes Entities’ entire liability will be limited to the cost of entering and participating in the Sweepstakes, and in no event shall the Sweepstakes Entities be liable for attorneys' fees and/or experts' fees and costs. Participant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages and participant further waives all rights to have damages multiplied or increased.
10. Release and Limitations of Liability: By participating in this Sweepstakes, entrants agree that Sweepstakes Entities and their respective employees, officers, directors, agents, contractors, members, and representatives (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 Sweepstakes; (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 Sweepstakes; (4) technical or human error which may occur in the administration of the Sweepstakes 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 Sweepstakes or receipt or use or misuse of any prize. No more than the stated number of prizes will be awarded. BY PARTICIPATING IN THIS SWEEPSTAKES, ENTRANTS AGREE THAT THE RELEASED PARTIES WILL HAVE NO LIABILITY WHATSOEVER FOR, AND SHALL BE HELD HARMLESS BY ENTRANTS AGAINST, ANY LIABILITY FOR ANY INJURIES, LOSSES OR DAMAGES OF ANY KIND TO PERSONS, INCLUDING PERSONAL INJURY OR DEATH, OR PROPERTY RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM ACCEPTANCE, POSSESSION, MISUSE, OR USE OF THE PRIZE, ENTRY, OR PARTICIPATION IN THIS SWEEPSTAKES OR IN ANY SWEEPSTAKES RELATED ACTIVITY, OR ANY CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION OR INVASION OF PRIVACY, ACCESS TO AND USE OF ANY INTERNET SITE ASSOCIATED WITH THIS SWEEPSTAKES OR THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM SAID SITE, OR MERCHANDISE DELIVERY. THE RELEASED PARTIES ARE NOT RESPONSIBLE IF ANY PRIZE CANNOT BE AWARDED DUE TO TRAVEL CANCELLATIONS, DELAYS, OR INTERRUPTIONS DUE TO ACTS OF GOD, ACTS OF WAR, NATURAL DISASTERS, WEATHER, OR TERRORISM. WITHOUT LIMITING THE FOREGOING, EVERYTHING REGARDING THIS SWEEPSTAKES, INCLUDING ALL PRIZES, IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. CHECK LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
11. Publicity and Intellectual Property Release. EXCEPT WHERE PROHIBITED BY LAW, WINNERS GRANT TO SPONSOR (WHICH GRANT WILL BE CONFIRMED IN WRITING ON REQUEST OF SPONSOR), ITS PARENT, SUBSIDIARIES, AFFILIATES, AGENTS (INCLUDING ADVERTISING AND PROMOTION AGENCIES), CONTRACTORS, SUPPLIERS, AND THOSE ACTING PURSUANT TO ITS AUTHORITY, THE RIGHT AND PERMISSION TO PRINT, PUBLISH, BROADCAST, AND USE, WORLDWIDE IN ANY MEDIA NOW KNOWN OR HEREAFTER DEVELOPED, INCLUDING BUT NOT LIMITED TO THE WORLD WIDE WEB, AT ANY TIME OR TIMES, EACH WINNER’S NAME, PORTRAIT, PICTURE, VOICE, LIKENESS, AND BIOGRAPHICAL INFORMATION FOR ADVERTISING, TRADE, AND PROMOTIONAL PURPOSES (INCLUDING THE ANNOUNCEMENT OF HIS OR HER NAME ON TELEVISION OR RADIO BROADCAST) WITHOUT ADDITIONAL CONSIDERATION, COMPENSATION, PERMISSION, OR NOTIFICATION. 5 ENTRANTS AGREE THAT SPONSOR SHALL HAVE LICENSE TO USE THE ENTRIES AND THAT SPONSOR AND ITS DESIGNEES SHALL HAVE THE PERPETUAL, WORLDWIDE RIGHT TO EDIT, PUBLISH, AND USE THE ENTRIES IN ANY WAY AND IN ANY MEDIA FOR TRADE, ADVERTISING, PROMOTIONAL, AND/OR OTHER PURPOSES AS SPONSOR AND/OR ITS DESIGNEES MAY DETERMINE WITHOUT FURTHER CONSIDERATION TO ENTRANTS OR ANY THIRD PARTY.
13. Sponsor: Sweepstakes is sponsored by Tacori Enterprises, Glendale, California 91204. Instagram is not a sponsor or in any way responsible for the administration of the Sweepstakes, the verification of winners or the fulfillment of the prizes. All inquiries regarding the Sweepstakes should be directed to Tacori, not to Instagram.