INDEPENDENT RETAILER DISCLOSURE:
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. OCTOBER CONTEST BEGINS ON OCTOBER 21, 2018, AT 9:00 AM EST AND ENDS ON OCTOBER 27, 2018, AT 11:59 PM EST. NOVEMBER CONTEST BEGINS ON NOVEMBER 11, 2018, AT 9:00 AM EST AND ENDS ON NOVEMBER 17, 2018, AT 11:59 PM EST. DECEMBER CONTEST BEGINS ON DECEMBER 9, 2018, AT 9:00 AM EST AND ENDS ON DECEMBER 15, 2018, AT 11:59 PM EST.
The “Le Vian® Instagram Photo Contest” (the “Contest”) is sponsored by Le Vian Corp. (“Sponsor”). The Contest is governed by these official rules (“Official Rules”). By participating in the Contest, each entrant accepts and agrees to abide by these Official Rules, warrants that he/she is eligible to participate and understands that the results of the Contest, as determined by Sponsor and its agents, are final in all respects. The Contest is subject to all federal and local laws and regulations and is void where prohibited or restricted by law.
This Contest is in no way sponsored, endorsed or administered by, or associated with, Facebook or Instagram. Any questions, comments or complaints regarding this Contest will be directed to Le Vian Corp., not Facebook or Instagram.
This Contest is open to all authorized independent retailers of Sponsor and each individual entrant at the store must be at least eighteen (18) years of age or older at the time of entry, have Internet access and a valid e-mail account prior to the start of each Contest Period (defined below). Any unauthorized retailers (including but not limited to its employees, consultants, independent contractors, and interns) and immediate family and household members of
such individuals, are not eligible to enter or play. “Immediate family members” shall mean parents, step-parents, children, step-children, siblings, step- siblings, or spouses. Individuals living in the same household as those individuals are not eligible to enter or win. Sponsor has the right to verify the eligibility of each entrant.
The “Le Vian® October Instagram Photo Contest” begins on October 21, 2018, at 9:00 AM EST, and ends on October 27, 2018, at 11:59 PM EST (“October Contest Period”). All entries must be received on or before 11:59 PM EST on October 27, 2018, to be eligible.
The “Le Vian® November Instagram Photo Contest” begins on November 11, 2018, at 9:00 AM EST, and ends on November 17, 2018, at 11:59 PM EST (“November Contest Period”). All entries must be received on or before 11:59 PM EST on November 17, 2018, to be eligible.
The “Le Vian® December Instagram Photo Contest” begins on December 9, 2018, at 9:00 AM EST, and ends on December 15, 2018, at 11:59 PM EST (“December Contest Period”). All entries must be received on or before 11:59 PM EST on December 15, 2018, to be eligible.
HOW TO ENTER
Enter the Contest by snapping a picture of your Le Vian Monthly Theme focused jewelry. The theme for the October Contest Period is Le Vian Chocolate Diamonds® jewelry. The theme for the November Contest Period is Le Vian Royal Blue jewelry. The theme for the December Contest Period is Le Vian Royal Flush jewelry. Then, post the picture featuring the Le Vian Monthly Theme focused jewelry on your store’s Instagram page with the following hashtags: #IndyJewelOctContest for the October Contest Period, #IndyJewelNovContest for the November Contest Period, and #IndyJewelDecContest for the December Contest Period. Entrants agree to these Official Rules. Limit: One (1) entry per store during each Contest Period. Store’s Instagram account must be public during each Contest Period.
By tagging pictures using #IndyJewelOctContest, #IndyJewelNovContest, and #IndyJewelDecContest, Entrants grant Sponsor a royalty-free, world-wide, perpetual, non-exclusive license to publicly display, distribute, reproduce and create derivative works of the submissions (“Submissions”), in whole or in part, in any media now existing or later developed, for any purpose, including, but not limited to, advertising and promotion on Sponsor’s websites, commercial products and any other of Sponsor’s channels, including, but not limited to, Facebook, Instagram, Twitter, Pinterest and YouTube. Sponsor reserves the right to use or not use content tagged #IndyJewelOctContest, #IndyJewelNovContest and #IndyJewelDecContest, and entrants will not be entitled to compensation if their picture is used. Entrants warrant and represent that: (a) he/she is the sole and exclusive owner of the Submission, including all rights therein, and they have full and exclusive right, power and authority to submit the Submission and to grant Sponsor the rights to the Submission, including, but not limited to, the worldwide copyright; (b) the Submission does not infringe on the rights of any other person, firm, corporation or entity; and (c) no rights in the Submission have been previously granted to any person, firm, corporation or other entity. Sponsor reserves the right in its sole discretion to remove any Submission at any time.
Additional Entry Conditions: Sponsor has no obligation to advise an entrant of an incomplete or otherwise non-compliant entry. Sponsor is not responsible for undelivered, lost, late, invalid, unintelligible, incomplete, garbled, inappropriate or misdirected entries, which will be disqualified. No mailed, telephoned, faxed, or mechanically reproduced entries will be accepted. Proof of submission of an entry will not be deemed proof of receipt. Receipt of entries will not be acknowledged. In the event of a dispute as to any entry, the authorized account holder of the e-mail address used to enter will be deemed to be the entrant on behalf of the store. The “authorized account” holder is the natural person assigned the e-mail address by the entity responsible for assigning email address for the domain name associated with such email address. Potential winners may be required to show proof of being the authorized account holder. If any entrant uses more than one email address to enter or if more than one entrant uses the same email address to enter, Sponsor reserves the right to disqualify all entries associated with the entrant(s) and email address(es) involved and to declare all prize(s) associated with such entries forfeited.
One (1) Contest winner will be announced for the “Le Vian October Instagram Photo Contest” on or around Noon (12:00 PM) EST on Monday October 29, 2018. The Contest winner (subject to verification) will be notified via e-mail (using the email address provided at entry) with additional details regarding the “Le Vian October Instagram Photo Contest.”
One (1) Contest winner will be announced for the “Le Vian November Instagram Photo Contest” on or around Noon (12:00 PM) EST on Monday November 19, 2018. The Contest winner (subject to verification) will be notified via e-mail (using the email address provided at entry) with additional details regarding the “Le Vian November Instagram Photo Contest.” One (1) Contest winner will be announced for the “Le Vian December Instagram Photo Contest” on or around Noon (12:00 PM) EST on Monday December 17, 2018. The Contest winner (subject to verification) will be notified via e-mail (using the email address provided at entry) with additional details regarding the “Le Vian December Instagram Photo Contest.” Each entrant on behalf of the store is responsible for monitoring his/her e-mail account for prize notification and other communications related to this Contest. If a potential winner fails to comply with these Official Rules, then he/she will be disqualified, and any prize won will be deemed forfeited. All prizes will be awarded (assuming a sufficient number of eligible entries are received). Prize claims and entries are the sole property of Sponsor and will not be returned.
Each Contest winner announced for the October Contest Period, November Contest Period and December Contest Period will be featured in Sponsor’s Facebook page pinned post and also be highlighted in Sponsor’s Instagram page story for one (1) week.
Any interpretation of the prize descriptions or otherwise shall be made within the Sponsor’s sole discretion. The prize is not transferable. No prize substitutions, exchanges or cash equivalents will be permitted by the prize winner, except that the Sponsor reserves the right to substitute prize of comparable or greater value in their sole discretion. Acceptance and receipt of all or any portion of the awarded prize is solely the responsibility of the prize winner. Sponsor is responsible only for delivery of prize; not responsible for prize utility, quality or otherwise.
Sponsor and its respective parent, affiliate and subsidiary companies, agents and representatives are not responsible for any typographical or other errors in the offer or administration of the Contest, including, but not limited to, errors in any printing or posting or these Official Rules, the selection and announcement of any winner or the distribution of any prize. Any attempt to damage the content or operation of this Contest is unlawful and subject to legal action by Sponsor. Sponsor reserves the right to terminate, suspend or amend the Contest, without notice, and for any reason, including, without limitation, if Sponsor determines that the Contest cannot be conducted as planned or should a virus, bug, tampering or unauthorized intervention, technical failure or other cause beyond Sponsor’s control corrupt the administration, security, fairness, integrity or proper play of the Contest. In the event of any such termination or suspension, a notice will be posted, and a winner will be announced from among all eligible, non-suspect entries received prior to such time. Sponsor reserves the right, at its sole discretion, to void suspect entries and to disqualify any entrant (and all of his/her entries) from this Contest or any other promotion conducted now or in the future by Sponsor or any of its affiliates, if Sponsor determines that he/she has tampered with the entry process, attempted to circumvent the terms of these Official Rules, and/or his/her fraud or misconduct has affected the integrity or fair conduct of this Contest. Sponsor and its respective parent, affiliate and subsidiary companies, agents, and representatives, and any telephone network or service providers, are not responsible for incorrect or inaccurate transcription of entry information, or for any technical malfunction, lost or delayed data transmission, omission, interruption, deletion, line failure or malfunction of any telephone network, computer equipment or software, the inability to access any website or online service or any other error, human or otherwise. Further, Sponsor is not responsible for electronic communications that are undeliverable as a result of any form of active or passive filtering of any kind or insufficient space in an entrant’s e-mail account to receive e-mail messages. This Contest is void where prohibited or restricted by law and is subject to all applicable federal, state and local laws and regulations. This Contest will be governed by the internal laws of the State of New York. Any and all legal actions or claims arising in connection with this Contest must be brought in a court of competent jurisdiction within the State of New York.
INDEMNIFICATION AND LIMITATION OF LIABILITY
BY ENTERING THIS CONTEST, EACH ENTRANT AGREES TO INDEMNIFY, RELEASE AND HOLD HARMLESS SPONSOR AND ITS PARENT, AFFILIATE, AGENTS, OFFICERS, DIRECTORS, AND EMPLOYEES, AND SUBSIDIARY COMPANIES (COLLECTIVELY, THE “SPONSOR ENTITIES”), FACEBOOK, INC., INSTAGRAM, INC., PARTICIPATING ADVERTISING AND PROMOTIONAL AGENCIES AND ALL OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS FROM ANY LIABILITY, DAMAGES, LOSSES OR INJURY RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM THAT ENTRANT’S PARTICIPATION IN THE CONTEST AND THE ACCEPTANCE, USE OR MISUSE OF ANY PRIZE THAT MAY BE WON. THE SPONSOR ENTITIES AND ALL OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS DO NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, AS TO THE CONDITION, FITNESS OR MERCHANTABILITY OF ANY PRIZE. THE SPONSOR ENTITIES AND ALL OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS DISCLAIM ANY LIABILITY FOR DAMAGE TO ANY COMPUTER SYSTEM RESULTING FROM ACCESS TO OR THE DOWNLOAD OF INFORMATION OR MATERIALS CONNECTED WITH THIS CONTEST.
By participating in this Contest, each entrant grants Sponsor (and those they authorize), the irrevocable and unrestricted right to use, re-use, publish and re-publish, and copyright his or her performance, likeness, picture, portrait, photograph, in any media format, in whole or part and/or composite representations, in conjunction with entrants name, including alterations, modifications, derivations and composites thereof, throughout the world and universe for advertising, promotion, trade, or any lawful purposes. Entrants release Sponsor from any and all liability arising out of the use of such name or any such likenesses, photographs, portraits, reproductions and sound recordings, including without limitation, any claims arising out of entrants right of privacy or right of publicity and any claims based on distortions, optical illusions or faulty mechanical reproductions of any such images. Entrants acknowledge and agree that all such likenesses, photographs, and reproductions related thereto are the exclusive property of Sponsor and waive any right to inspect or approve the finished product, including written copy that may be created in connection therewith or the use to which it may be applied.