Brilliant Earth – Gifts From the Heart – Win a silver eucalyptus diamond pendant
Brilliant Earth “Gifts from the Heart Weekly Giveaway” Official Rules
No purchase is necessary to enter or win. No purchase or payment of any money of any kind is required to enter, and a purchase will not increase the likelihood of winning.
Rules for Entering
The “Brilliant Earth Gifts from the Heart Weekly Giveaway” Promotion (“Sweeps”) is sponsored by Brilliant Earth, LLC (“Sponsor”).
In order to enter the Promotion, visit Sponsor’s Facebook page (https://www.facebook.com/brilliantearth), between 10:00AM Pacific Time April 14, 2017 and 8:59AM Pacific Time April 21, 2017 and click the designated Sweeps tab. Entrants must submit all required information, and must consent to receiving email updates from Sponsor in order to receive one (1) entry.
Only one entry per individual for each weekly Sweeps. Any attempt to obtain more than the stated number of entries by using multiple/different email or addresses, accounts, identities, registrations and logins, or any other methods, will disqualify all that participant’s entries and that participant will be disqualified from that week’s Sweeps and perhaps future Brilliant Earth promotions. Any use of an automated system to participate is strictly prohibited, and will result in disqualification from that week’s Sweeps and all future Brilliant Earth promotions. In the event of a dispute as to any entrant, the authorized account holder of the email address associated with the Facebook account or email entry will be deemed to be the entrant. The “authorized account holder” is the person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Potential winners may be required to show proof of being the authorized account holder.
Sponsor and its agencies are not responsible for lost, late, incomplete, delayed, garbled, illegible or misdirected entries, or for any error, human, technical or otherwise, which occurs or may occur in the processing of entries. Incomplete entries will be disqualified. Entries that do not include all the required information and adhere to these Official Rules will be void.
This Promotion runs each week on Friday at 10:00 AM Pacific Time, and ends the next Friday at 8:59 AM Pacific Time (the “Promotion Period”). Sponsor intends to offer multiple Promotions over the course of one or more month(s). By posting an announcement on the Brilliant Earth Facebook page, Sponsor may discontinue offering additional weekly Promotions for any reason at any time, without liability of any kind. Sponsor will not, however, terminate a weekly promotion once it has commenced. Sponsor’s computer is the official time-keeping device for the promotion. All entries must be received during the dates and times specified in the Promotion Period. Entries from a particular week’s Sweeps will NOT be retained for the next weeks’ Sweeps. A person must enter each week’s Sweeps separately.
The Promotion is only open to legal residents of the United States, the District of Columbia or Canada, excluding residents of the Province of Quebec. The Promotion is void in all other jurisdictions as well as where prohibited or restricted by law, or where registration or bonding is required. All entrants must be 18 years of age or older or age of majority or older (in those jurisdictions where age of majority is over 18). Brilliant Earth, Inc. (“Sponsor”) employees and their immediate family members (parent, child, sibling and spouse of each) and those living in the same households of each are not eligible. Void elsewhere and where prohibited by law.
Each week, one (1) prize will be awarded in the form of one (1) piece of Brilliant Earth merchandise (ARV: Total ARV: $300 USD or below). Specific prize for each week’s Sweeps will be posted on the Brilliant Earth Facebook page; such posting is incorporated herein by reference and made a part of these Official Rules. The approximate retail value (“ARV”) of the prize is approximately $300 or less per week. No substitution, assignment or transfer of any prize is permitted, except by Sponsor, who has the right to substitute a prize with another of comparable or greater value. No returns or exchanges of prizes permitted except at Sponsor’s sole discretion. All taxes in connection with the Prize, and the reporting consequence thereof, are the sole responsibility of the Prize Winner(s). Prize Winner(s) may be sent a tax form 1099, or other appropriate tax document. Sponsor may require a signed affidavit, declaration of eligibility, release, and/or completed W9 before awarding any given’s week’s prize. Prize Winner(s) may be required to pay shipping and handling fees. Brilliant Earth, may in its sole discretion, pay for shipping and handling for US and Canadian winners within our normal delivery areas for those jurisdictions. Any taxes or duties owed for shipping and handling fees will be the sole responsibility of the winner.
On or about Friday, April 21, 2017 the Sponsor will conduct a random drawing from among all eligible Entries received during the entire Promotion Period. The odds of winning depend upon the number of entries received.
Sponsor will notify winners by email associated with the winner’s entry form, and/or by other means provided within the Promotion materials within approximately seven (7) days following the drawing. Winner will have ten (10) days from the time of notification to respond, otherwise prize will be forfeited and Sponsor will not select an alternate winner. Sponsor and its agencies are not responsible for any delay or failure to receive notification for any reason, including inactive email account(s), technical difficulties associated therewith, or winner’s failure to adequately monitor any email account. Sponsor reserves the right to disqualify any winner should winner be in violation of these Official Rules as determined by Sponsor in its sole discretion.
Disclaimer Release and limit of liability – sponsor makes no representations or warranties of any kind, express or implied, regarding your participation in the promotion or any prize of any kind. By entering the promotion or receiving any prize, each entrant agrees to release and hold harmless sponsor from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the promotion or receipt or use or misuse of any prize. The released parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the promotion; (2) technical failures of any kind, including, by not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the promotion; (4) technical or human error which may occur in the administration of the promotion or the processing of entries; or (5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the promotion or receipt or use of misuse of any prize. Entrant agrees to release and hold the Released Parties, as well as Facebook, harmless from any and all consequences, liability, losses, damages (including without limitation, consequential, punitive, incidental, special or increased damages and those related to personal injury, death or damage to property) and costs and expenses, of any kind, under any legal theory, arising from or related to this Promotion, including but limited to entrant’s entry and participation in this Promotion, the acceptance and/or use (or misuse) of any prize, printing errors, any claims based upon rights of publicity and invasion of privacy. Sponsor and its agencies are not responsible for any fraud or misconduct on the part of the entrants. Should an entrant engage in fraud or misconduct of any nature, including but not limited to a violation of the Official Rules, that entrant is subject to immediate disqualification from the applicable week’s Sweeps and perhaps future Brilliant Earth promotions.
If for any reason an entrant’s entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another entry in the applicable week’s Sweeps, if feasible; if not feasible (as determined by Sponsor in its sole discretion), entrant shall have no remedy or recourse against Sponsor or its agencies whatsoever. In the event that production, technical, programming or any other reasons cause more than stated number of prizes as set forth in these Official Rules to be available and/or claimed (i.e., more than (1) prize per week’s Sweeps), Sponsor reserves the right to award only the stated number of prizes (i.e., the prize for that week’s Sweeps) by a random drawing among all legitimate, un-awarded, eligible prize claims.
Limitation of Liability
The Sweeps, all Prizes, and all materials provided on or through the Sweeps are provided “as is” without warranty of any kind, either express or implied, including without limitation the implied warranties of merchantability, fitness for a particular purpose, and noninfringement. Prizes awarded through the promotion are not subject to Brilliant Earth’s warranty for purchased products and will have no eligibility for repair or replacement for any defects.
Privacy and Use of Promotion Information
Except where prohibited, participation in the Promotion constitutes entrant’s consent to Sponsor’s use of entrant’s name, prize information, photograph, likeness, voice, opinions, biographical information, hometown, city, state/province, country and all or a part of entrant’s entry for promotional purposes in any way and in any media without payment or consideration, and without notice to, or prior review or approval from, entrant. Within five days of receiving notice, Sponsor may also require potential winner to sign an affidavit of eligibility, liability release a publicity release, and/or other documents that, among other things, will allow Sponsor to use entrant’s name, prize information, photograph, likeness, voice, opinions, biographical information, hometown, city, state/province, country and all or a part of entrant’s entry for publicity and promotional purposes without further compensation, and without notice to, or prior review or approval from, entrant, where permitted by law.
Choice of Law and Jurisdiction
Promotion official rules and the rights and obligations of Sponsor and participants will be governed by, construed, and enforced in accordance with the laws of the State of California, United States of America, without regard to any choice of law principles. All actions, proceedings or litigation relating hereto will be instituted and prosecuted solely within the State of California, San Francisco County. Entrant hereby agrees and irrevocably consents to submit to the exclusive jurisdiction and venue of the courts of the State of California and of the United States of America located in San Francisco County, State of California, United States of America, for any and all claims arising from or related to this Agreement, and waive any objection to such courts on any basis, including but not limited to improper venue or inconvenience of the forum. Entrant agrees that all claims relating to this Promotion shall be resolved individually, without resort to any form of class action.
Sponsor is responsible for the collection, submission and processing of entries and the overall administration and execution of the Promotion. Entrants should look solely to Sponsor by using the email address email@example.com with any questions, comments or problems related to the Promotion, including Winner’s lists.
This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with, Facebook. You understand that you are providing your information to Sponsor and not to Facebook. Your personal information will only be used by Sponsor and as permitted by law. Sponsor reserves the right to use any information collected to contact you via email regarding products and services that Sponsor believes may be of interest to you.