Body Vision Jewelry, Inc. Social Media Sweepstakes
Official Sweepstakes Rules
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. Each Sweepstakes announced on any social media platform by Body Vision Jewelry, Inc. (the "Sponsor") from time to time (each a “Sweepstakes”), whether a single event or a repeating event, shall be subject to these Official Rules.
- Eligibility: Each Sweepstakes will be held during the time period specified in a social media announcement (“Announcement”) from the Sponsor until such time as the Sponsor discontinues such Sweepstakes. To enter, entrants Entries must be posted or uploaded during the time period specified in the Announcement no earlier than 12 a.m. ET on such day, and received no later than 11:59 p.m. ET on the last day of the period so specified in the relevant posts on the Instagram page, or such other social media location as may be stated in the Sponsor’s Announcement. Employees of Sponsor, their respective subsidiaries, affiliates, promotion or fulfillment agencies, and any of their affiliated companies and suppliers, and immediate families and members of household (whether or not related) and their respective officers, employees and directors are not eligible to enter or win. Use of any robotic, automatic, programmed, or similar entry method or entering more than the number of times permitted will void all entries and result in disqualification. You may not enter more times than indicated by using multiple email addresses, identities, or devices in an attempt to circumvent the rules.
- Entry Requirements: for the “Golden Note” Giveaway, each entrant (a) must like the Giveaway post and follow @bvla and @bvlalove and (b) tag a few friends (at least 2) whom you know would love this #BVLA Ear Statement Sweepstakes as much as you do. If you repost one or more times to your feed or stories(“Reposts”), you will receive one additional entry. You may submit a maximum of 2 entries.
- Must be intended for family audience viewing and contain only content that, in the sole discretion of the Sponsor, is suitable for all persons over the age of 13;
- Must not, in the sole discretion of the Sponsor, contain, depict or involve any of the following: (i) obscenity, (ii) crude, vulgar or offensive pictures, depictions, images, language and/or symbols, (iii) gang signs or symbols, (iv) nudity, (v) with the exception of Sponsor’s products, any commercial products and/or their trademarks, brands, logos or endorsements, (vi) license plates, phone numbers, personal addresses (physical, email or otherwise), (vii) websites or web page links, (viii) derogatory characterizations of any ethnic, racial, gender or religious groups, (ix) threats to others, (x) violent acts, or (xi) contain any other content, display, materials and/or images that is or could be considered inappropriate, unsuitable or offensive, as determined by the Sponsor, in its sole discretion; and
- Must not contain any copyrighted works (other than materials owned by the entrant or the Sponsor) or any other information, content or materials that infringe the rights of any third party or violate any applicable laws or regulations.
- Prizes and Drawing: One or more winning entries will be selected in a random drawing during the time period in which the Sweepstakes runs from all eligible and validated entries received during the Sweepstakes period. The drawing is random and the odds of winning depend upon the number of entries received. In no event will more than one Prize be awarded to one winner. The Prize consists of only those items specifically listed as part of the prize. Limit one prize per family or household. No substitution or transfer of prize is permitted by the winner. Sponsor reserves the right to substitute a prize of equal or greater value. All prizes will be awarded. The winner will be announced on social media on the date indicated in the Announcement. Sponsor (or its agent) shall send notification to the winner(s) via social media within twenty-four (24) hours after the announcement of the winner. Within five (5) days of the date the notification is sent, in order to receive the Prize, the winner will be required to provide its physical address to the Sponsor. If the Sponsor does not timely receive the physical address, the Sponsor may choose an alternate winner(s). Only 2 alternate drawings will be held, after which the Prize will remain un-awarded. Within ten (10) days after the Sponsor’s receipt of the physical address, the winner(s) will be sent a gift bag of the Sponsor’s ear body jewelry pieces whose value is as set forth in the Sponsor’s Announcement (“Prize”). No transfer or substitution of any Prize is allowed except by the Sponsor in its sole discretion.
- Taxes: Any tax liabilities are solely the responsibility of each winner.
- Interpretation: Sponsor shall be deemed sole interpreter of the rules and conditions governing the Sweepstakes. By participating, entrants acknowledge and agree to be bound by these Official Rules and that the decisions of the Sponsor are final.
- Data Privacy: Entrants agree that personal data, especially names and addresses, may be processed, stored and otherwise used for the purposes and within the context of the Sweepstakes and any other purposes outlined in these Official Rules. The data may also be used by the Sponsor in order to check entrants’ identity, their postal address and telephone number, or to otherwise verify their eligibility to participate in the Sweepstakes and to receive any Prize. Entrants have a right to access, review, rectify or cancel any personal data held by the Sponsor by writing to Sponsor care of [email protected] or at the mailing address listed below. If entrant’s data required for entry in the Sweepstakes is not provided or is canceled, the entrant’s Submission will be ineligible. Entrants agree that Sponsor shall have no liability or responsibility in connection therewith.
- Elimination: Any false information provided within the context of the Sweepstakes by any entrant concerning identity, postal address, telephone number, ownership of right or non- compliance with these rules or the like may result in the immediate elimination of the entrant from the Sweepstakes. Sponsor further reserves the right to disqualify any entrant that it believes, in its sole and unfettered discretion, has infringed upon or violates the rights of any third party or otherwise does not comply with these Official Rules. Return of any Prize notification as undeliverable will result in automatic disqualification, and an alternate winner will be selected by Sponsor.
- Permission and Publicity Release: By entering the Sweepstakes, each entrant grants an exclusive, worldwide, perpetual, fully-paid, royalty-free, freely transferable license to the Sponsor and its agencies to post the Submission on the Sponsor’s social media. By accepting the Prize, a winner grants an exclusive, worldwide, perpetual, fully-paid, royalty-free, freely transferable license to the Sponsor and its agencies to use, reproduce, distribute, create derivative works of, publicly perform, and publicly display the winning Submission and the winner’s first name, city, state, portrait, picture, voice, likeness, image, and statements about the Submission for all purposes in any and all media now known and later devised, without further notice, review, consent or compensation, except where prohibited by law. Each winner waives all claims that it may have to its moral rights in its Submission.
- Indemnification: Each entrant certifies that their Submission is original, that they are the sole and exclusive owner and right holder of the Submission and that they have the right to submit the Submission in the Sweepstakes. Each entrant agrees to indemnify and hold the Sponsor, their subsidiaries and affiliates and their respective directors, officers, employees, agents and assigns, harmless against any and all claims, costs, damages, attorneys’ fees, expenses, any amounts and any liability arising out of acceptance, use or misuse of the Prize, which indemnity shall survive indefinitely.
- General Rules: Sponsor reserves the right at any time to cancel, suspend or modify the Sweepstakes if any issue prevents the Sweepstakes from running as planned. Sponsor reserves the right at any time to modify, change or revise any of these Official Rules. This Sweepstakes is void where prohibited, taxed or restricted by law. All federal, state and local laws and regulations apply.
- 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. Each entrant understands that Sponsor is relying on this Agreement and will incur significant expense in reliance on this Agreement, and each entrant agrees that this Agreement cannot be terminated, rescinded, or modified, in whole or in part.
- Limitations of Liability: By entering the Sweepstakes, entrants waive all right to, and hold the Sponsor harmless from, any claim, liability, loss, damage (including punitive, incidental, and consequential damages), or expense (including attorneys' fees) arising out of or in connection with participation in this sweepstakes or the acceptance, use, or misuse of any prize. The Sponsor assumes no responsibility for any technical malfunctions that may occur during participation in the Sweepstakes or any Sweepstakes-related activity. The Sponsor assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, failures or technical malfunction of any telephone network or lines, computer online systems, servers, providers, computer equipment, software, email, players or browsers, whether on account of technical problems, traffic congestion on the Internet or at any website, or on account of any combination of the foregoing (including, without limitation, any such problems which may result in the inability to access social media or the website(s)). The Sponsor is not responsible for any injury or damage to entrants or any other person, or to any computer related to or resulting from participating in the Sweepstakes. If, for any reason, the Sweepstakes is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of the Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Sweepstakes, the Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Sweepstakes in whole or in part (including, without limitation, any Sweepstakes date or deadline) and select winners from among those eligible entrants from that portion of the Sweepstakes that has not been compromised, if any.
IN NO EVENT WILL THE SPONSOR BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING LOSS OF USE, DATA, BUSINESS OR PROFITS), ARISING OUT OF OR IN CONNECTION WITH THE SWEEPSTAKES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.
- Jurisdiction and Venue: Except where prohibited, as a condition of participating in the Sweepstakes, each entrant agrees that any and all disputes which cannot be resolved between the parties, claims and causes of action arising out of or connected with this Sweepstakes, or any Prize awarded, or the determination of winners shall be resolved individually, without resort to any form of class action. Further, in any such dispute, under no circumstances will any entrant be permitted to obtain awards for, and hereby waives all rights to claim punitive, incidental or consequential damages, or any other damages, including attorneys’ fees, other than entrant’s actual out-pocket expenses (e.g., costs associated with entering this Sweepstakes), and each entrant further waives all rights to have damages multiplied or increased. All issues, questions, rights and obligations of entrant in connection with the Sweepstakes shall be governed by, and construed in accordance with, the laws of the State of California, U.S.A., without giving effect to the conflict of laws rules thereof and any matters or proceedings as set forth in these Official Rules, shall take place in the County of Los Angeles, CA. The parties waive rights to trial by jury in any action or proceeding instituted in connection with these Official Rules and/or this Sweepstakes.
- Social Media: The Sweepstakes are in no way sponsored, endorsed, administered by or associated with Instagram. To the fullest extent permitted by applicable law, each entrant hereby (i) irrevocably waives all legal and equitable rights relating to all liabilities, claims, demands, actions, suits, damages, and expenses, including but not limited to claims for copyright or trademark infringement, infringement of moral rights, libel, defamation, invasion of any rights of privacy (including intrusion, false light, public disclosure of private facts, and misappropriation of name or likeness), violation of rights of publicity, physical or emotional injury or distress, or any similar claim or cause of action in tort, contract, or any other legal theory, now known or hereafter known in any jurisdiction throughout the world (collectively, "Claims") arising directly or indirectly from the Sponsor’s exercise of its rights under this Agreement or the production, exhibition, exploitation, advertising, promotion, or other use of the Submission and the rights granted in Section 8, and whether resulting in whole or in part by the negligence of Sponsor, Instagram or any other person (“Authorized Persons”), (ii) covenants not to make or bring any such Claim against any Authorized Persons, and forever releases and discharge the Authorized Persons from liability under such Claims.
- Winner’s List: To obtain the name of the Winners, send a self-addressed, stamped envelope to the Sponsor.
Sponsor: Body Vision Jewelry, Inc., 906 Palomares Street, La Verne, CA 91750 Attention: Marketing Department.