“12 DAYS OF GIVEAWAYS” 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 21 YEARS OLD AS OF THE DATE OF ENTRY 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 December 14, 2013 at 10:00AM Eastern time (“ET”) and ends December 25, 2013 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 21 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. 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. 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 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, 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 and not posted to (or removed from) the Website.
4. WINNER SELECTION; NOTIFICATION. There will be a total of nineteen (19) winners chosen during the Promotion. Starting on December 15, 2013 and on each day through December 26, 2013, at 10:00 a.m. ET Hearts On Fire shall randomly draw the number of winners as announced by Hearts On Fire on its website at www.heartsonfire.com/contests/12-days-of-christmas on the previous day. Entrants must re-enter each day in order to be considered for the following day’s selection. The winners shall be randomly drawn from all eligible entries received on the previous day of 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 and will have seventy-two (72) hours from the time Hearts On Fire sends the notification to respond. If there is no response by the deadline, or if the potential winner refuses the prize, is ineligible for the prize, or fails to comply with further requirements to claim the prize, such potential winner forfeits all rights to win the Promotion and receive the prize, and an alternate potential winner may be randomly selected. The alternate winner will then have seventy-two (72) hours from the time Hearts On Fire sends the notification. If there is no response by the deadline, Hearts On Fire 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/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. 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(s) will be announced on www.heartsonfire.com/contests/12-days-of-christmas at approximately 10:00 a.m. ET each day starting on December 15, 2013 through December 26, 2013 or as soon as a winner is determined, whichever is later. Hearts On Fire will post each winner’s name and prize they won. Any individual who, at the sole determination of Hearts On Fire, abuses the entry process in any way will be disqualified. Hearts On Fire is not responsible for lost, late, incomplete, invalid, unintelligible or misdirected entries, which will be disqualified.
5. PRIZE DESCRIPTION. For entries received on December 24, 2013 with drawing on December 25, 2013: One (1) winner will receive one (1) Lorelei Interlocking Heart necklace. The approximate retail value of the prize is $1090.00. For entries received on December 25, 2013 with drawing on December 26, 2013: One (1) winner will receive one (1) pair Lorelei Bow stud earrings. The approximate retail value of the prize is $1250.00. Both of these winners will be contacted on 12/26, after the Christmas holiday.
Winners 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.
One prize per person, per household, and per e-mail address.
For entries received on December 14, 2013 with drawing on December 15, 2013: One (1) winner will receive one (1) Lorelei Bow necklace. The approximate retail value of the prize is $890.00.
For entries received on December 15, 2013 with drawing on December 16, 2013: Three (3) winners will each receive one (1) Illa pendant. The approximate retail value of each individual prize is $990.00.
For entries received on December 16, 2013 with drawing on December 17, 2013: One (1) winner will receive one (1) HOF Horseshoe necklace. The approximate retail value of the prize is $990.00.
For entries received on December 17, 2013 with drawing on December 18, 2013: Two (2) winners will each receive one (1) Lorelei Bow bracelet. The approximate retail value of each individual prize is $795.00.
For entries received on December 18, 2013 with drawing on December 19, 2013: Two (2) winners will each receive one (1) Lorelei Interlocking Heart bracelet. The approximate retail value of each individual prize is $1090.00.
For entries received on December 19, 2013 with drawing on December 20, 2013: One (1) winner will receive one (1) HOF Horseshoe necklace. The approximate retail value of the prize is $990.00.
For entries received on December 20, 2013 with drawing on December 21, 2013: One (1) winner will receive one (1) pair Lorelei Bow stud earrings. The approximate retail value of the prize is $1250.00.
For entries received on December 21, 2013 with drawing on December 22, 2013: Three (3) winners will each receive one (1) Lorelei Interlocking Heart necklace. The approximate retail value of each individual prize is $1090.00
For entries received on December 22, 2013 with drawing on December 23, 2013: One (1) winner will receive one (1) Illa pendant. The approximate retail value of the prize is $990.00.
For entries received on December 23, 2013 with drawing on December 24, 2013: Two (2) winners will each receive one (1) Lorelei Bow necklace. The approximate retail value of each individual prize is $890.00.
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 the Grand Prize.
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.
9. CONSENT, RELEASE AND INDEMNIFICATION. By entering the Promotion, each entrant releases and discharges Sponsor, 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 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. 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 thirty (30) days from the end of the Promotion. For the winner list, send an email with subject line “12 Days of Giveaways Contest, Winner List” to email@example.com.
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”).
© 2013 Hearts On Fire Company, LLC