NO PURCHASE NECESSARY OR PAYMENT OF ANY KIND NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE YOUR CHANCE OF WINNING.
SWEEPSTAKES PERIOD: The 2019 Resort Giveaway (the "Sweepstakes") begins on 12:00:01 a.m. Eastern Time ("ET") on January 10, 2019 and ends on 11:59:59 p.m. ET on January 24, 2019 (the "Sweepstakes Period"). All entries must be received during the Sweepstakes Period to be eligible. Sponsor’s clock shall be the official time keeping device for this Sweepstakes.
ELIGIBILITY: In order to be eligible for entry into the Sweepstakes, you must be a legal U.S. resident residing in the fifty (50) United States or District of Columbia, a legal Puerto Rican resident, or a legal Canadian resident (excluding Quebec) who is eighteen (18) years of age or older at the time of entry (each fully eligible person a “Participant”). Employees, officers, and directors of Effy Jewelry (the "Sponsor"), and each of their respective parents, related, affiliated and subsidiary companies, franchisees, contractors, consultants, legal counsel, distributors, sales representatives, retailers, website providers, webmasters, and advertising and promotional, public relations, fulfillment, and marketing agencies, and any others engaged in the development, production, execution or distribution of this Sweepstakes (collectively, the "Sweepstakes Entities"), and each of their immediate family members (parents, children, siblings or spouse, regardless of where they live) or persons living in same household (whether related or not), are not eligible to participate. Void in Quebec and where prohibited by law. Sweepstakes is subject to all applicable federal, state, provincial, and local laws.
HOW TO ENTER THE SWEEPSTAKES: There is one (1) way to enter the Sweepstakes: Follow @EffyJewelry on Instagram, find the sweepstakes post that goes live on January 10, 2019, “like” the post, share the post, and tag four friends in the comments.
Limit one (1) entry per person per Sweepstakes Period. More than one (1) entry received from any person during the Sweepstakes Period will be void.
General Entry Terms: In the event of a dispute regarding the identity of the person submitting an online entry, the entry will be deemed submitted by the authorized account holder of the e-mail address provided during registration. The ‘authorized account holder’ is the natural person who is assigned to the e-mail address by an Internet access provider, on-line service provider, or other organization that is responsible for assigning e-mail addresses, or the domain associated with the submitted e-mail address. Potential winners may be required to show proof of being the authorized account holder.
The Sweepstakes Entities are not responsible for any entry that is lost, late, misdirected, incomplete, stolen, damaged, garbled or undeliverable, whether due to system errors, omissions, interruption, deletions, defects, delay in operations or transmissions, theft or destruction or failures, faulty transmissions or other telecommunications malfunctions, lost or delayed code requests or codes, entries not received resulting from any hardware or software failures of any kind, lost or unavailable network connections, failed, incomplete, jumbled, or garbled computer or telephone transmissions, typographical, printing or system errors and failures, faulty transmissions, technical malfunctions, or otherwise.
If due to printing, production or other errors, more prizes are claimed than intended, the intended prize will be awarded in a random drawing from all those submitting purportedly valid claims. No more than the number of prizes set forth in these Official Rules will be awarded. ANY POTENTIAL WINNING PARTICIPANT IS SUBJECT TO VERIFICATION BY SPONSOR, WHOSE DECISIONS ARE FINAL AND BINDING. A "SCREEN SHOT" IS NOT PROOF OR EVIDENCE OF A WINNING GAME PLAY. A PARTICIPANT IS NOT A WINNER OF ANY PRIZE, EVEN IF THE SWEEPSTAKES APPLICATION SHOULD SO INDICATE, UNLESS AND UNTIL SAID PARTICIPANT’S ELIGIBILITY AND THE POTENTIAL WINNING PLAY HAS BEEN VERIFIED AND SAID PARTICIPANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE. SPONSOR WILL NOT ACCEPT SCREEN SHOTS OR OTHER EVIDENCE OF WINNING IN LIEU OF ITS VALIDATION PROCESS. ANY PLAY THAT OCCURS AFTER THE SYSTEM HAS FAILED FOR ANY REASON IS DEEMED A DEFECTIVE PLAY AND IS VOID AND WILL NOT BE HONORED.
Direct any questions/comments/complaints regarding the Sweepstakes to the Sweepstakes Administrator.
SWEEPSTAKES WINNER SELECTION AND NOTIFICATION: One (1) Sweepstakes winner will be selected under the supervision of the Sweepstakes Administrator, whose decisions are based on its sole discretion and interpretation of these Official Rules, and are final and binding in all respects, in a random drawing from among all eligible entries. The potential Sweepstakes winner will be notified through Direct Message on Instagram. If the potential winner cannot be reached following three (3) notification attempts, or if a potential winner does not respond within seventy-two (72) hours of the first notification attempt, or a potential winner is not in compliance with the Official Rules, such winner may be disqualified in Sponsor’s sole discretion. The Sweepstakes Administrator, in its sole discretion, will attempt to contact up to three (3) potential winners of the Sweepstakes prize in accordance with the above procedure, after which the prize in question may go unawarded if it remains unclaimed. Winner will be required to complete, sign and return an Affidavit of Eligibility/Liability Release, and, where lawful, a Publicity Release (“Winner Documents”), within ten (10) business days of attempted notification or prize may be forfeited. If a potential winner is less than the age of majority in his/her jurisdiction of residence, prize may be awarded in the name of his/her parent/legal guardian, who is responsible for fulfilling all requirements set forth herein. If any potential Sweepstakes prize winner is found to be ineligible, or if he or she has not complied with these Official Rules, cannot be verified, does not respond within the time allotted, or declines the prize for any reason prior to award, such potential prize winner will be disqualified (as determined by Sponsor in its sole discretion) and an alternate prize winner may be selected. Odds of winning depend on the number of eligible entries received.
PRIZE/APPROXIMATE RETAIL VALUES:
One (1) Grand Prize: The one (1) verified winner (“Grand Prize Winner”) will receive an Effy Seaside 14K White Gold Blue Sapphire & Diamond Starfish Pendant.
Approximate retail value (“ARV”) of prize: $1595.00 USD.
GENERAL PRIZE/OFFER CONDITIONS: No transfer or substitution of the prize is allowed except at the sole discretion of Sponsor. The Grand Prize Winner is required to comply with any and all applicable federal, state, provincial and local laws, rules and regulations. Sponsor reserves the right to substitute a prize/offer of equal or greater value if the prize becomes unavailable for any reason, including those beyond the control of the Sponsor. Sponsor will not replace any lost or stolen prizes. The Grand Prize Winner shall be solely responsible for all federal, state and/or local taxes, and the reporting consequences thereof, and for any other fees or costs associated with the applicable prize/offer. All prize details not specified in these Official Rules will be determined in Sponsor’s sole and absolute discretion. Prizes are not redeemable for cash. Prize will be awarded only to an address within the United States, DC, Puerto Rico and/or Canada (excluding Quebec). The ARV of the prize is based on available information provided to Sponsor and the value of any prize awarded to Grand Prize Winner may be reported for tax purposes where required by law. If the winner is a U.S. citizen, the winner may be required to provide Sponsor with a valid social security number or tax identification number before the prize will be awarded for tax reporting purposes. If a Winner is a U.S. resident, he/she will receive IRS Form 1099 for the ARV of prize. Prize values are based on conversion rates as of January 24, 2019 and may vary. The difference in value of prize as stated herein and value at time of prize notification (if any) will not be awarded. Grand Prize Winner acknowledges that Sponsor has not made, nor is in any manner responsible or liable for, any warranty, representation, or guarantee, express or implied, in fact or in law, relative to any prize, including but not limited to its quality, mechanical condition or fitness for a particular purpose. Any and all warranties and/or guarantees on a prize (if any) are subject to the respective manufacturers’ terms therefore, and Grand Prize Winner agrees to look solely to such manufacturers for any such warranty and/or guarantee.
GENERAL RULES OF PARTICIPATION: By participating in this Sweepstakes, Participants agree to be bound by these Official Rules and the decisions of the Sponsor and Sweepstakes Administrator, which are final in all respects and not subject to appeal. Sponsor reserves the right to disqualify from this Sweepstakes any Participant it believes has violated these Official Rules or a Sweepstakes entry method and verify eligibility of Participants. Neither Sponsor nor anyone acting on its behalf will enter into any communications with any Participant regarding this Sweepstakes, except as expressly set forth in these Official Rules. Failure to comply with these Official Rules may result in disqualification from the Sweepstakes. Winning a prize constitutes permission for Sponsor and its designees to use Grand Prize Winner’s name, address (city & state), voice and/or likeness for purposes of advertising, promotion and publicity, for this Sweepstakes only, in all media now known or hereafter discovered, worldwide in perpetuity, without further compensation, notice or review or approval unless prohibited by law. If you are selected as the Grand Prize Winner, your information may also be included in a publicly-available winner’s list.
Sponsor may prohibit a Participant from participating in the Sweepstakes or winning a prize/offer if, in their sole discretion, they determine that said Participant is attempting to undermine the legitimate operation of the Sweepstakes by cheating, deception, or other unfair playing practices (including the use of automated quick entry programs) or intending to annoy, abuse, threaten or harass any other Participants, Sponsor, or Sweepstakes Entities. If for any reason this Sweepstakes is not able to be conducted as planned, including, but not limited to, by reason of infection by computer virus, worms, bugs, tampering, unauthorized intervention, fraud or any other causes beyond the reasonable control of Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Sweepstakes, then Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Sweepstakes and to award the prize from among all eligible non-suspect entries received up to the cancellation/suspension date. CAUTION: ANY ATTEMPT BY A PARTICIPANT TO UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY'S FEES) FROM ANY SUCH PARTICIPANT TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
NO LIABILITY: By participating, Participants agree (and agree to confirm in writing, if requested): (a) to release, discharge, indemnify and hold harmless the Sweepstakes Entities and their respective representatives, agents, successors, assigns, officers, directors and employees from and against any claims made by Grand Prize Winner, Participants, or any other third parties, related in any way to the operation of this Sweepstakes as well as any other claims, damages or liability due to any injuries, damages or losses to any person (including, without limitation, death) or property of any kind resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of prize or participation in any Sweepstakes-related activity, in this Sweepstakes or any claims based on publicity rights, defamation or invasion of privacy or merchandise delivery; (b) under no circumstances will any Participant be permitted to obtain awards for, and Participant hereby knowingly and expressly waives all rights to claim, punitive, incidental, consequential, or any other damages, other than for actual out-of-pocket expenses and/or any rights to have damages multiplied or otherwise increased; (c) all causes of action arising out of or connected with this Sweepstakes, or any prize awarded, shall be resolved individually, without resort to any form of class action; and (d) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred (if any), excluding attorneys’ fees and court costs.
GOVERNING LAW & JURISDICTION: This Sweepstakes and its Official Rules are governed by US law 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 Sweepstakes Official Rules, or the rights and obligations of Participants and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of New York, U.S.A., without giving effect to the conflict of laws rules thereof, and any matters or proceedings and/or for entering any judgment, shall take place in the State of New York, in the courts of New York county.
WINNER'S LIST REQUEST: To receive the winner’s list, send a self-addressed stamped envelope to: Effy Jewelry Instagram 2019 Resort Giveaway Winner’s List, Effy Jewelry, 7 West 45th Street, 11th Floor, New York, NY 10036, ATTN: Sandy Tran. All requests must be received by January 30, 2019. Canadian residents may omit return postage.
SPONSORED By: Effy Jewelry, 7 West 45th Street, 10 Floor, New York, NY 10036