Terms and Conditions
“Hearts On Fire Celebrates The Holiday Season with Diamond Studs Giveaway on Instagram”
OFFICIAL CONTEST RULES
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS CONTEST. VOID WHERE PROHIBITED. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING.
You have not yet won.
OPEN ONLY TO LEGAL RESIDENTS OF THE 50 UNITED STATES (EXCLUDING RHODE ISLAND) AND THE DISTRICT OF COLUMBIA WHO ARE AT LEAST 18 YEARS OLD AS OF THE DATE OF ENTRY
By entering this Promotion, entrants accept and agree to be bound by these Official Rules. Any violation of these rules may result in disqualification. All decisions of the Sponsor regarding this Promotion are final and binding in all respects.
1. PROMOTION PERIOD. Promotion begins 12/13/2018 at 2:00PM Eastern Time Zone (“EST”) and ends on 12/16/2018 at midnight (the “Entry Period”).
2. ELIGIBILITY. This contest (the “Promotion”) is open to only legal residents of the 50 United States (excluding Rhode Island) and The District Of Columbia who are at least 18 Years Old as of the date of entry., Except officers, directors, members, and employees of the Sponsor (as defined herein), or any other party associated with the development or administration of this Promotion, and the immediate family (i.e., parents, children, siblings, spouse), and persons residing in the same household, as such individuals who are not eligible to enter or win. Entrants may not be, nor may Entrants use in the entry, parties who are subject to third party agreements which would conflict with Sponsor’s use of the entry as set forth herein or other terms set forth herein, including but not limited to talent agent or talent management agreements, acting or modeling agreements, music recording agreements, merchandising agreements, production agreements and/or union or labor agreements. This Promotion is void outside the 50 United States and the District of Columbia and where prohibited. This Promotion is also void in Rhode Island. By participating in this Promotion, entrants fully and unconditionally agree to and accept these Official Rules and the decision of Sponsor, which are final and binding in all matters related to the Promotion.
Sponsor reserves the right to eliminate any entry that does not adhere to the terms and conditions of these Official Rules, uses inflammatory or derogatory language, or that is lewd, obscene, pornographic, or disparages Sponsor, or that is otherwise inappropriate at Sponsor’s sole discretion, and any such entry may be disqualified.
4. WINNER SELECTION; NOTIFICATION. On December 17, 2018 one (1) winner will be randomly selected from all eligible entries received during the Entry Period. The decision of Hearts On Fire is final. The odds of winning a prize depends upon the number of eligible entries received. The winner will be contacted via phone, email, or direct message via Instagram. The winner will have twenty-four (24) hours from the time Hearts On Fire first sends the notification to respond. If there is no response by the deadline, such potential winner forfeits all rights to win the Promotion or receive the prize, and an alternate potential winner will be randomly selected. The alternate winner will then have twenty-four (24) hours from the time Hearts On Fire sends the notification to respond. If there is no response by the deadline, Hearts On Fire may continue the above process until a winner is confirmed. Upon contacting a potential winner and determining that he/she has met all eligibility requirements of the Promotion, including without limitation the execution of required affidavits, waivers, publicity and/or liability releases/licenses and disclaimers, such individual will be declared the “winner” of the Promotion. Winner may be required to provide their full name, mailing address, telephone number and age.
Any individual who, at the sole determination of the Sponsor, violates the terms and conditions of this Promotion in any way may be disqualified.
5. PRIZE DESCRIPTION. One winner will receive (1) HFELORDIAH00508W - Lorelei Diamond Halo Stud Earrings. Winners will receive their prize via a shipment from the Hearts On Fire home office anywhere within the fifty (50) United State excluding Rhode Island
6. TAXES. All federal, state and/or local income and other taxes, if any, are the winner’s sole responsibility. Winners will be issued a 1099 tax form.
7. OWNERSHIP AND LICENSE. All entry materials (“Submission”) become the property of the Sponsor and will not be acknowledged or returned. The copyright in any Submission shall remain the property of the entrant, but entry into this Promotion constitutes entrant’s irrevocable and perpetual license, permission and consent, without further compensation or attribution, to use, reproduce, print, publish, transmit, distribute, sell, perform, adapt, enhance, edit or display such Submission for any purpose, including but not limited to editorial, advertising, trade, commercial, and publicity purposes by Sponsor and/or others authorized by Sponsor, in any and all media now in existence or hereinafter created, throughout the world, for the duration or the copyright and any other rights of entrant in the Submission. Sponsor and/or others authorized by Sponsor shall have the right to edit, adapt, and modify the Submission.
8. NO PRIZE TRANSFER OR SUBSTITUTION. No prize or any portion thereof is transferable, assignable or redeemable for cash. Any portion of the prize that is not used is forfeited. No substitutions for prize except by Sponsor, in Sponsor’s sole discretion, in which case a prize of approximately equal or greater value will be substituted. If prize cannot be awarded by Sponsor, Sponsor reserves the right to provide a cash payment or substitute a prize of comparable value.
9. CONSENT, RELEASE AND INDEMNIFICATION. By entering the Promotion, each entrant releases and discharges Sponsor, judging organization (if applicable), and any other party associated with the development or administration of this Promotion, their parent, subsidiary, and affiliated entities, and each of their respective officers, directors, members, shareholders, employees, independent contractors, agents, representatives, successors and assigns (collectively, “Sponsor Entities”), from any and all liability whatsoever arising out of or in connection with this Promotion and/or acceptance, possession and/or use or misuse of prizes, including any travel or related activity, including without limitation legal claims, costs, injuries, losses or damages, demands or actions of any kind (including without limitation personal injuries, death, damage to, loss or destruction or property, rights of publicity or privacy, defamation, or portrayal in a false light) (collectively, “Claims”). Except where prohibited: (i) acceptance of a prize constitutes the consent of any winner, without further compensation, to use the name and likeness of such winner, the winner’s home city and state, and his/her Submission for editorial, advertising and publicity purposes by Sponsor and/or others authorized by Sponsor; (ii) acceptance of a prize constitutes a release by any winner of the Sponsor Entities of any and all Claims arising out of or in connection with the administration of this Promotion, the use, misuse, and/or possession of his/her Submission and/or acceptance, possession and/or use or misuse of any prize; and (iii) any potential winner may be required to sign an affidavit of eligibility (including social security number) and a liability/publicity/copyright release. Affidavits and releases must be returned to Sponsor within five (5) calendar days from the date that Sponsor first tries to notify the potential winner.
By submission of an entry to the Promotion, Entrants are deemed to have represented, warranted, and covenanted that their entries comply with any and all applicable laws, rules, statutes, ordinances and/or regulations (“Applicable Laws”), including but not limited to any and all laws regarding intellectual property, trademarks, copyrights, rights of privacy and publicity, pornography, and defamation. A signed statement from the Entrant averring that the entry complies with all Applicable Laws may be required before any prize is awarded. ENTRANTS AGREE TO INDEMNIFY, DEFEND, SAVE AND HOLD HARMLESS HEARTS ON FIRE COMPANY, LLC, ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, AGENTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, JUDGMENTS, LIABILITIES, FINES AND PENALTIES OF ANY KIND WHATSOEVER, INCLUDING THOSE RESULTING FROM ANY CLAIMS OR ANY FINDING THAT A SUBMITTED ENTRY VIOLATES ANY APPLICALBE LAW.
10. DISCLAIMERS. (i) Entries that are lost, late, misdirected, incorrect, garbled, or incompletely received, for any reason, including by reason of hardware, software, browser, or network failure, malfunction, congestion, or incompatibility at Sponsor’s servers or elsewhere, will not be eligible, and may be disqualified by Sponsor in its sole discretion. In the event of a dispute, entries will be deemed submitted by the authorized account holder of the e-mail address submitted at the time of entry. “Authorized account holder” is defined as the natural person who is assigned to an e-mail address by an Internet Access Provider, online service provider, or other organization (e.g., business, educational institute) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. (ii) Sponsor, in its sole discretion, reserves the right to disqualify any person tampering with the entry process or the operation of the web site. Use of bots or other automated process to enter is prohibited and may result in disqualification at the sole discretion of Sponsor. (iii) Sponsor further reserves the right to cancel, terminate or modify the Promotion if it is not capable of completion as planned, including by reason of infection by computer virus, bugs, tampering, unauthorized intervention, force majeure or technical failures of any sort. (iv) Sponsor Entities are not responsible for errors in the administration or fulfillment of this Promotion, including without limitation mechanical, human, printing, distribution or production errors, and may modify or cancel this Promotion based upon such error at its sole discretion without liability. (v) SPONSOR ENTITIES MAKE NO WARRANTIES, REPRESENTATIONS OR GUARANTEES, EXPRESS OR IMPLIED, IN FACT OR IN LAW, AS REGARDS THIS PROMOTION OR THE MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE REGARDING ANY PRIZE OR ANY COMPONENT OF ANY PRIZE. (vi) CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS PROMOTION MAY BE A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR 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.
11. APPLICABLE LAWS AND JURISDICTION. This Promotion is subject to all applicable federal, state, and local laws and regulations. Issues concerning the construction, validity, interpretation and enforceability of these Official Rules shall be governed by the laws of the Commonwealth of Massachusetts. All disputes arising out of or connected with this Promotion will be resolved individually, and without resort to class action, exclusively by a state or federal court located in Boston, Massachusetts. Should there be a conflict between the laws of the Commonwealth of Massachusetts and any other laws, the conflict will be resolved in favor of the laws of the Commonwealth of Massachusetts. All judgments or awards shall be limited to actual out-of-pocket damages (excluding attorneys’ fees) associated with participation in this Promotion and shall not include any indirect, punitive, incidental and/or consequential damages.
12. WINNER LIST. Winner List requests will only be accepted after the winner has been announced and no later than February 1, 2019 For the winner list, send an email with subject line Hearts On Fire Celebrates The Hollidays With Diamond Studs Giveaway on Instagram to firstname.lastname@example.org.
13. SPONSORSHIP. This Promotion is sponsored by Hearts On Fire Company, LLC, P.O. Box 52172, Boston, MA 02205 (the “Sponsor” or “Hearts On Fire”).
© 2017 Hearts On Fire Company, LLC