OFFICIAL CONTEST RULES Elegant Beginnings Bra, Fitting & Prosthesis Giveaway.
Elegant Beginnings • July 15th, 2016 through August 1st, 2016
Elegant Beginnings Bra, Fitting & Prosthesis Giveaway (the “Competition”) Competition Terms and Conditions (the “Terms”)
1. General 1.1 The promoter, i.e. the person for whom the publicity contest is carried on, and who is responsible for the publication and adjudication of this Competition and the provision of the prizes, is Elegant Beginnings, Joe Capraro, Freelance Marketing Director for Elegant Beginnings, llc. (“Promoter”). 1.2 The administrator responsible for administering this Competition is the Freelance Marketing Director for Elegant Beginnings, llc. (”Administrator”). 1.3 The Competition is carried out by the Promoter via the social media networks platforms Facebook. By entering this Competition, entrants will be deemed to be bound by and agree to the current and applicable terms and policies imposed by Instagram & Facebook and the present Terms of the Competition. 1.4 Entrants confirm by their entry that: (a) Instagram & Facebook are not the promoters of this Competition and they fully release Instagram & Facebook from any liability in connection with this Competition; (b) This Competition is in no way sponsored, endorsed or administered by or associated with Instagram & Facebook. Any questions, comments or complaints regarding the Competition are to be directed to the Promoter. The Competition begins on July 14th, 2016 at 9:00 a.m. Pacific, ends on Aug 1st, 2016 at 11:59 p.m. Pacific time (the "Competition Period"), and consists of three (3) phases as set forth in the table below. Submission Phase July 14th, 2016 at 9:00am End of Submission Phase Aug 1st, 2016 at 11:59pm Draw Phase July 18th, 2016 at 9:00am Winners announcement August 2nd – August 9th, 2016 at 12:00pm.
2. To enter 2.1 During the Submission Phase, visit Elegant Beginnings’ Facebook page at: https://www.facebook.com/ElegantBeginning/ and follow the link(s) and instructions to enter the contest. Follow the directions to enter the contest via Facebook: 1. Follow us @ElegantBeginning 2. Tag a friend with whom you would want to win a free Mastectomy bra, bra fitting and breast prosthesis. Or Follow the directions to enter the contest via website, under the navigation tab “Enter Contest” 2.2 The entrant’s account privacy settings must be set to public in order for the Promoter to view and validate the comment uploaded by the entrant via Facebook. Entrants must have Internet access with technology to allow comment upload to Facebook to be eligible to participate in the Competition. 2.3 No purchase, or other consideration, is necessary to enter or win this Competition. 2.4 The official clock for this Competition is the Promoter’s computer.
3. The Submission The following shall apply to the content of the Submissions (collectively, the “Content Restrictions”): 3.1 Each Submission: a. Must not have been submitted to any third party to be used for or in connection with any other promotion; b. Must not contain brand names or trademarks other than those owned by Promoter, which entrant has a limited license to use to incorporate in his/her Submission in this Competition; § Entrant may not make any claims or beliefs (positive or negative) about any product or its performance; § Entrant may not make any statement about a brand other than Promoter’s (including mere reference of its use); § Product logos and brand names other than Promoter’s may not be displayed; § Your use of or reference to Promoter’s products will not positively impact the winner determination process described below. c. Must not have been published except for inclusion in the entrant's social feed; d. Must not infringe upon any third party’s rights, including but not limited to, intellectual property rights e.g. copyright, patent or trademarks, trade names, logos or rights of privacy or publicity, or contain material that is or may be considered defamatory, slanderous or libellous, or portray or depict any person, product or entity in a false light; e. Must not violate any applicable law, rule or regulation; f. Must not contain music; g. Must not contain any virus, bugs, or other deleterious material; h. Must not disparage Promoter, Administrator or any other person or party; and i. Must not contain, profanity, defamatory statements, words or symbols widely considered offensive to individuals of any certain race, ethnicity, religious, sexual orientation or socioeconomic groups, threats to any person, place, business, group or world peace, or any other content which, in the reasonable opinion of the Promoter, is not acceptable. 3.2 Each entrant warrants and represents that his/her Submission complies with all of the conditions listed above. Any non-complying Submission with any of the above will be disqualified, at the sole discretion of the Promoter.
4. Winner determination & announcement 4.1 There are a total of five (5) prize packages to be won: each prize package contains; one (1) Mastectomy Bra, one (1) Certified Bra Fitting, and one (1) Breast Prosthesis, all of which ultimately are determined by Promoter at the time of Certified Fitting. Must be present to attain prize in person at Elegant Beginnings store location. The Prize winners will be determined by random from the entrants that have respected the following criteria: On Facebook: 1. Follow us @ElegantBeginning 2. Tag a friend with whom you would want to win a free Mastectomy bra, bra fitting and breast prosthesis. Or follow the directions to enter the contest via website, under the navigation tab “Enter Contest” by August 1st, 2016 at 12:00 a.m. Pacific Time. 4.2 Potential winners will be notified by email, through their Facebook or Instagram accounts from the Promoter or in such other manner as determined by the Promoter on or by August 2nd – 9th, 2016 (“Promoter’s Notification”). 4.3 To be declared a winner, each potential winner must reply to the Promoter by phone, Facebook or Instagram message within 48 hours from the receipt of Promoter’s Notification, including their full name, date of birth and phone number in the message so that the Promoter may arrange for them to claim their prize, and if required by the Promoter, complete, sign and return within a certain delay prize claim documents consisting of a declaration of eligibility, a liability release, an indemnification and a publicity release (the “Prize Claim Documents”). 4.4 If a potential winner does not respond within 48 hours of the Promoter's Notification with all information required by Promoter, or does not return Prize Claim Documents within the prescribed delay, the winner shall forfeit her right to receive the prize and a replacement potential winner will be selected. 4.5 If a potential winner is disqualified for any reason, the applicable prize may be awarded to a runner-up, if any, in Promoter’s sole discretion. 4.6 Odds of winning depend on the total number of Submissions received.
5. Eligibility 5.1 The Competition is open to all female, 18 years of age or older, United States citizens in Mobile, Alabama, had at least one (1) mastectomy and are available, in person, at the Elegant Beginnings store withinh 48 hours of being notified as a winner, by the Promoter, excluding employees, representatives and mandataries of the Promoter, the Administrator, any of their wholly owned subsidiaries, any of their marketing services agency, handling house or other company or person involved in or associated with the administration or promotion of this Competition, a member of the jury, and any member of the immediate families or households of any of the foregoing individuals. 5.2 Entrants must have a valid internet access to be eligible for the Competition. In the event of a dispute regarding the registration of an authorized Facebook account, the holder of the Facebook profile used for the application is deemed entrant. The potential winner concerned must demonstrate that she is the legitimate account holder.
6. Validity 6.1 Each entrant may not upload multiple Submissions during the Submission Phase. The use of automated devices or programs is prohibited. Bulk entries from trade, consumer groups or third parties will not be accepted. Submissions generated by script, macro or other automated means are void. Any entrant found to breach these Terms will be disqualified. 6.2 The Promoter and other Releasees (as defined below) accept no responsibility for entries that are lost, damaged, late, illegible, incomplete, misdirected, corrupted, delayed, illegal or which are unable to be submitted due to software, hardware, network, or other technical failure, malfunction, defect, or for any other reason beyond its control including unavailability of the Websites. 6.3 Any late, corrupted, incomplete, illegal, illegible, misdirected or late entries will not be accepted. 6.4 Proof of submission is not proof of receipt. 6.5 All personal details and/or information given in the Submission, the registration form or otherwise must be trustful, accurate and in no way misleading. 6.6 Entrants shall be disqualified from the Competition in the event that the personal details and/or information submitted by the entrant are untruthful, inaccurate or misleading, have failed to abide by the Terms and/or are in breach of the Terms.
7. The prizes 7.1 FIVE (5) PRIZE PACKAGES: Each prize package contains; one (1) Mastectomy Bra, one (1) Certified Bra Fitting, and one (1) Breast Prosthesis, all brands are ultimately determined by Promoter at the time of Certified Fitting during August 2nd – 9th, 2016 respectively. Winners must organize to get to the locations with their own transportation (transport not included) or prize will be forfeited. The total approximate retail value of one of the prizes described above is USD$200. Actual retail value may vary depending on brands best matched to measurements attained by Certified Fitter. Winner shall be responsible for all expenses not specifically described above such as transportation or food during the event. 7.2 All prizes are non-transferable. No cash alternative is available for any prize. The prizes must be accepted as awarded with no substitutions, except at Promoter’s sole discretion. 7.3 In the unlikely event that a prize should become unavailable, the Promoter reserves the right to substitute a prize which it may determine as being of equal or greater value. 7.4 Promoter disclaims any warranty, representation or guarantee, express or implied, by fact or in law relative to any prize, including but not limited to its quality and condition, except where prohibited by law.
8. License to Use the Submissions and Entrants’ Information 8.1 By entering the Competition, each entrant grants to the Promoter and its affiliates, a perpetual, royalty free, non-exclusive, assignable, transferable, sub-licensable (through multiple tiers), irrevocable and worldwide license, to: (i) use, reproduce, adapt, modify, edit, translate, store, make derivative works from, post, distribute and display his/her Submission, in whole or in part, and (ii) use, post and display his/her name, city and province of residence and age, the whole on all supports or media (including Internet, website or social media platforms) currently known or later developed, in the manner solely determined by the Promoter or its affiliate, at its sole discretion, including in connection with this Competition, the advertising, promotion and publicity of the Competition, of any of its products, any future promotion of the Promoter or any of its affiliates, and otherwise. 8.2 By entering the Competition, you hereby irrevocably waive any and all moral rights in any Submission in favour of the Promoter and its affiliates. 8.3 Further, acceptance of any prize shall constitute and signify each winner’s agreement and consent that Promoter and any of its affiliates may use the winner’s name, image, picture, voice, video, statements, city, province, likeness, and/or prize information in connection with the Competition for promotional, advertising or other purposes, in any and all media now known or hereafter devised, including the Internet, websites and social media platforms, on a worldwide, irrevocable and assignable basis, and without further payment, notification, permission or other consideration. 8.4 Each entrant hereby warrants and represents that he/she has all right, authority and capacity to grant such license and permission and authorization as provided in this section 8 and hereby undertakes to do all things necessary immediately on the Promoter’s request to effect or confirm the provisions of this section 8. 8.5 The Promoter reserves the right, but not the obligation to screen, filter and/or monitor information provided by entrants and to edit, refuse to distribute or remove the same.
9. Winning entry details The name of the winners will be sent to anyone who writes within 48 hours after August 9th, 2016, enclosing a stamped addressed envelope, to the Freelance Marketing Director at Elegant Beginnings, 2370 Hillcrest Road, Ste. K, Mobile, Alabama, 36695, requesting details of the winning entries.
10. Data privacy 10.1 Personal information about the entrants (name, birth date, phone number) will be used by the Promoter, the Administrator and their authorized agents to the extent necessary for the administration of the Competition and the remittance of the prizes to be claimed by the prize winner. Accordingly, the entrants hereby authorize the Promoter, the Administrator and their respective agents to collect, use, use and disclose such personal information exclusively for the purpose of participation, implementation and management of the Competition. Except as otherwise provided in these Terms, all personal data relating to the Competition will be used solely for the identification of the participants and for the winning notification. 10. 2 The Promoter and the Administrator are obliged to protect the personal data of the entrants in accordance with applicable data protection legislation and to use them only for the purpose stated above. 10.3 Beyond the aforementioned extent, the Promoter and the Administrator will not use the personal data of the entrants of the Competition nor forward it to any third party, unless the Promoter or Administrator is legally bound or the entrant has explicitly given its consent. 10.4 Entrant’s personal information will be kept at the address below. Entrant may make requests free of charge about its personal data stored by the Promoter, as well as the right to rectification and erasure of its personal data and revocation to use their personal data (except as specifically authorized herein pursuant to section 8), by sending a written request to the address below: Freelance Marketing Director at Elegant Beginnings, 2370 Hillcrest Road, Ste. K, Mobile, Alabama, 36695. 10.5 When an entrant submits his/her personal information to Promotor or Administrator, the entrant understands and agrees that Promoter, Administrator and/or their authorized agents may transfer, store, and process the entrant’s information in any of the countries in which these entities maintain offices, and as such, the information may be subject to foreign laws and may be accessible by foreign governments, courts, law enforcement and regulatory agencies.
11. Rules 11.1 The decision of the Promoter is final and no correspondence will be entered into. 11.2 In the event of any dispute regarding the conduct of the Competition and all matters relating to the Competition, the decision of the Promoter will be final and binding and correspondence or discussion will entered into only at the discretion of the Promoter. 11.3 The Promoter, the Administrator, their respective parent companies, affiliates, subsidiaries, advertising, public relations, sweepstakes/contest agencies, franchisees and all of their respective officers, employees, directors, representatives and agents (individually and collectively "Releasees") cannot accept any responsibility for any damage, loss, injury or disappointment suffered by any entrant entering the Competition as a result of accepting any prize. Nothing shall exclude the Promoter or other Releasee’s liability for death or personal injury as a result of its negligence. 11.4 The Releasees shall not be liable to the winner, whether arising from negligence, breach of contract, tort or otherwise or for any loss or damage whatsoever caused by matters relating participation in this Competition, or in relation to the prizes, to the extent permissible by law. 11.5 Except to the extent prohibited by law, by entering, entrants release and agree to indemnify and hold harmless Releasees from and against all liability, claims, actions, or proceedings, losses, injuries and damages (whether due to negligence or otherwise) to person(s), including death, and property, or violation of intellectual property rights or personal rights (such as, but not limited to, copyright, patent, trade name/trademark, and/or rights of privacy or publicity, or defamation, slander or libel, or portrayal in a false light), or breach or failure of any representation or warranty, due in whole or in part, directly or indirectly to the acceptance, possession, misuse or use of the prize, their Submission or participation in this Competition or participation in any Competition related activity. 11.6 Events may occur that render the Competition itself or the awarding of the prizes impossible because of reasons beyond the control of the Promoter and accordingly the Promoter may at its absolute discretion vary, amend, add to or waive any of these Terms, or to cancel the competition at any stage and the entrant agrees that no liability shall attach to the Promoter as a result thereof. 11.7 The Promoter reserves the right at any time without any liability whatsoever to modify or discontinue, temporarily or permanently, this Website and/or Competition without prior notice, subject to the approval of the Freelance Marketing Director herein. 11.8 Entrants should retain a copy of these Terms for their reference. 11.9 The Competition and Terms will be exclusively governed by the laws of the province of Mobile, Alabama and the United States and any disputes will be subject to the exclusive jurisdiction of the courts of the province of United States. 11.10 LANGUAGES: In the event that these Terms, or any advertising, or other written, printed, or graphic material are presented in a language other than English and there is a discrepancy, inconsistency or interpretation issue between the English language version and any other language version of these Terms or of any materials, the English version shall prevail, govern and control. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any materials and the terms and conditions of these Terms, these Terms shall prevail, govern and control.