“HOF Good Luck Charms Pinterest Contest”
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 chances of winning.
You have not yet won.
OPEN ONLY TO NATURAL PERSONS WHO ARE LEGAL RESIDENTS OF THE 50 UNITED STATES (EXCLUDING RHODE ISLAND), THE DISTRICT OF COLUMBIA AND CANADA (EXCLUDING QUEBEC) WHO ARE AT LEAST 18 YEARS OLD AS OF THE DATE OF ENTRY, HAVE A VALID PINTEREST ACCOUNT AND COMPLETE ALL ENTRY REQUIREMENTS
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 03/10/14 at 11:00AM Eastern time (“ET”) and ends 03/31/14 at 11:59 PM ET (the “Entry Period”).
2. ELIGIBILITY. This contest (the “Promotion”) is only open to natural persons who are legal residents of the 50 United States (excluding Rhode Island), the District of Columbia and Canada (excluding Quebec) who are at least 18 years old as of the date of entry, have a valid Pinterest account and follow HOF on Pinterest, 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. This Promotion is void (1) outside the 50 United States, the District of Columbia and Canada; (2) in Rhode Island; (3) in Quebec; and (4) where prohibited. Entrants agree to be bound by the terms of these Official Rules.
3. HOW TO ENTER. Visit www.heartsonfire.com/contests during the Entry Period. Entrant must have a valid Pinterest account and follow HOF on Pinterest. Pinterest is free to join. Follow Hearts On Fire on Pinterest and create a Pinterest board entitled “HOF Good Luck Charms Contest”. Entrants must then Pin their favorite good luck charms that include pins from HOF’s diamond charms collection at heartsonfire.com, to their “HOF Good Luck Charms Contest” board. Entrants must add #HOFluckycharms to every Pin on their board. Entrant must then come back to www.heartsonfire.com/contests where they must complete an entry form to complete the entry process. ALL STEPS MUST BE COMPLETED CORRECTLY IN ORDER FOR AN ENTRY TO BE VALID. All entrant information, including e-mail
Sponsor may in its sole discretion disqualify entries for which intellectual property claims including those under the Digital Millennium Copyright Act are received and remove any such entry or component thereof from its website or any other location (“Website”). Sponsor reserves the right to eliminate any entry that does not adhere to the terms and conditions of these Official Rules or disparages Sponsor, or that is otherwise inappropriate at Sponsor’s sole discretion.
PINNED IMAGES MUST NOT:
Contain material which is (or promote activities which are) in Sponsor’s sole discretion, hateful, slanderous, libelous, tortious, sexually explicit, obscene, pornographic, inappropriate, violent, self-mutilating (e.g., relating to murder, the sales of weapons, cruelty or abuse to any living thing, etc.), discriminatory (based on race, sex, religion, national origin, physical disability, sexual orientation or age), illegal (e.g., underage drinking, substance abuse, computer hacking, etc.), offensive, threatening, profane or harassing, or contain material that is threatening to any person, place, business, group or world peace; or contain words or symbols that are widely considered offensive to individuals of a certain race, ethinicity, religion, sexual orientation or socioeconomic group; or contain images, words or text portraying nudity, acts of violence toward any living thing, or acts that are or appear to be unlawful or dangerous or in violation of, or contrary to the laws or regulations in any state where the entry is created in their application.
Contain material that violates or infringes another’s rights, including but not limited to material that violates privacy, publicity or intellectual property rights, or that constitutes copyright infringement. Without limiting the foregoing, submissions must not include third party trademarks, logos, insignia, location signage, photographs, artwork or sculptures, except those of Sponsor.
Include third parties, including but not limited to minors, celebrities and friends, who have not expressly authorized entrant to display their image or likeness on Pinterest or otherwise use such images or likenesses in accordance with these Official Rules.
4. WINNER SELECTION; NOTIFICATION. At the conclusion of the Entry Period, the Sponsor will (1) determine eligibility of an entry and (2) score all eligible entries received based on the following criteria: Creativity (60%) and Originality (40%). The entry with the highest overall score will be declared the potential winner. In the event of a tie, the Sponsor will determine the winner by choosing the entry among the tied entries with the highest Creativity score. The decision of the Sponsor is final. Sponsor is not required to give an explanation for its selection. The odds of winning a prize depends upon the number of eligible entries received. If a Canadian resident wins a prize, that person must also answer correctly within a 5 minute time period a mathematical skill-testing question without the benefit of any calculating devices before the prize will be awarded.
The winner will be announced on www.heartsonfire.com and on Sponsor’s Facebook page at www.facebook.com/heartsonfire on April 6, 2014. The winning Pinterest board may also be posted to the Sponsor’s website. Any individual who, at the sole determination of the Sponsor, violates the terms and conditions of this Promotion in any way may be disqualified.
Any potential winner will be notified by mail, email and/or telephone. The winner will have twenty-four (24) hours from the time Sponsor notifies them to respond to Sponsor. 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 Sponsor sends the notification. If there is no response by the deadline, Sponsor will 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 liability releases and/or 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.
5. PRIZE DESCRIPTION. One (1) winner will receive one (1) Charmed Half Mon Pendant. The approximate retail value of this prize is $995.00. Winner must pick up the prize from an authorized Hearts On Fire retail location nearest to the winner. In the event there is not an authorized Hearts On Fire retail location within one hundred (100) miles of the winner’s home address, Sponsor will ship the prize directly to the winner’s home.
6. TAXES. All federal, state and/or local income and other taxes, if any, are the winner’s sole responsibility. Winner will be issued a 1099 tax form for the ARV of any prize that exceeds $600.00.
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 permission and consent,
without further compensation or attribution, to use, reproduce, print, publish, transmit, distribute, sell, perform, adapt, enhance, 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 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 equal or greater value will be substituted.
9. CONSENT, RELEASE AND INDEMNIFICATION. By entering the Promotion, each entrant releases and discharges Sponsor, Pinterest, any 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 in connection with this Promotion and/or acceptance, possession and/or use 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 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 in connection with the administration of this Promotion and the use, misuse, or possession of his/her Submission or 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 within five (5) calendar days from the date that Sponsor first tries to notify the potential winner.
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. 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, HEARTS ON FIRE 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 May 15, 2014. For the winner list, send an email with subject line “HOF Lucky Charms Contest” to email@example.com.
13. SPONSORSHIP. This Promotion is sponsored by Hearts On Fire Company, P.O. Box 51601, Boston, MA 02205 (the “Sponsor” or “Hearts On Fire”). Hearts On Fire Company is not affiliated with Pinterest. This promotion is in no way sponsored, endorsed or administered by, or associated with, Pinterest.