BRIAN GAVIN DIAMONDS RESOLVE TO SPARKLE PHOTO CONTENT
￼NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING.
The “Resolve to Sparkle Photo Contest” contest is sponsored by Brian Gavin Diamonds (“Sponsor”). This contest is governed by these official rules (“Official Rules”). By participating in the contest, each entrant agrees to abide by these Official Rules, including all eligibility requirements, 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 international, federal, state and local laws and regulations and is void where prohibited by law. This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook, Instagram or Twitter. Any questions, comments or complaints regarding the promotion will be directed to Sponsor, not Facebook, Instagram or Twitter.
1. ELIGIBILITY: The Brian Gavin Diamonds “Resolve to Sparkle Photo Contest” (the “Contest”) is open to previous customers of Brian Gavin Diamonds, who are legal residents of their respective countries where not prohibited by law, who are eighteen (18) years of age or older at the time of entry who have Internet access and a valid e-mail account prior to the beginning of the Contest Period. Employees of Brian Gavin Diamonds and their respective parents, affiliate companies, subsidiaries, Contest agencies, suppliers and members of its immediate families, are not eligible. For purposes of the Contest, “immediate family” is defined as spouses, parents, children, siblings and their respective spouses, regardless of whether they reside in the same household. Sponsor has the right to verify the eligibility of each entrant.
2. SPONSOR: Brian Gavin Diamonds 7322 Southwest Fwy #1810, Houston, TX 77074 (“Sponsor”).
3. CONTEST PERIOD: The Contest begins on December 29, 2017 at 8 AM CDT and ends January 31, 2018 at 11:59 PM CDT (“Contest Period”). All entries (Facebook, Instagram and/or Twitter submissions) must be received within the Contest Period or they will be null and void and have no force or effect. Sponsor reserves the right to extend or shorten the contest at its sole discretion and without prior notice.
4. HOW TO ENTER: Entrants can enter the Contest by posting a road trip photo featuring their Brian Gavin Diamonds jewelry on their personal Twitter and Instagram or Brian Gavin Diamond’s Facebook page (www.facebook.com/briangavindiamonds) using the hashtag #MyBGDNewYear. After the entrant submits one photo on Instagram, Facebook, and/or Twitter the entrant will receive one (1) entry into the drawing. No more than one person can enter using the same Instagram, Twitter or Facebook account. Use of any automated system to participate is prohibited and will result in disqualification.
5. ENTRY ERRORS: Sponsor is not responsible for lost, late, incomplete, damaged, stolen, invalid, unintelligible or misdirected entries, which will be disqualified. Sponsor is not responsible if online service or equipment is interrupted including without limitation (1) ￼interruptions to any network, server, Internet, Web site, telephone, satellite, computer or other connections, (2) failures of any telephone, satellite, hardware, software or other equipment, (3) garbled, misdirected or jumbled transmissions, or traffic congestion, (4) other errors of any kind, whether human, technical, mechanical or electronic, (5) the incorrect or inaccurate capture of information or the failure to capture any such information, or (6) printing or typographical errors.
6. WINNER SELECTION: Three entrants will be determined at random as the Winner by the Sponsor from all eligible entries received during the Contest Period. The winner will be selected on or about February 5, 2017 4 PM CDT (“ CDT (the “Selection”). Odds of winning depend on the number of eligible entries received. Potential prize winner will be notified via direct message within two (2) days of the selection. Each entrant is responsible for monitoring his/her Facebook, Instagram or Twitter account for prize notification and receipt or other communications related to this contest. If a potential prize winner cannot be reached by Administrator (or Sponsor) within two (2) days of being contacted using the entrant’s Facebook, Instagram or Twitter account, or if the prize is returned as undeliverable, that entrant and potential prize winner shall forfeit the prize. If a potential winner fails to comply with these official rules, that potential winner will be disqualified. Prizes may not be awarded if less than ten (10) eligible entries are received. If the Winner is discovered to be invalid for any reason prior to delivery of the Prize, or if the Winner cannot be contacted or does not respond within the two (2) day time period, an alternate winner may be selected, at the sole discretion of the Sponsor.
7. PRIZES: Three winner will receive a surprise piece of Brian Gavin Diamonds jewelry. Total retail value of the prize is up to $300. Sponsor will cover the cost of shipping.
8. TERMS AND CONDITIONS: (1) Prizes cannot be combined with any other offer; (2) All applicable taxes (e.g., income) are the sole responsibility of winner; (3) Prizes are non- transferable, non-refundable and have no cash value if not used. Incidental expenses and all other costs and expenses which are not specifically listed as part of a prize in these Official Rules and which may be associated with the award, acceptance, receipt and use of all or any portion of the awarded prize are solely the responsibility of the respective prize winner.
9. ACCEPTANCE OF OFFICIAL RULES: As a condition of entry, entrants fully and unconditionally agree to these Official Rules, to the Terms and Conditions of Prize Drawings and to Sponsor’s decisions, which are final and binding in all respects. Sponsor’s failure to enforce any provision of these Official Rules shall not constitute the waiver of such provision. ￼
10. DISPUTES: In the event of a dispute, the person to whom the Facebook, Instagram or Twitter Name used to enter the Contest is registered will be deemed the winning entrant. Potential winners may be required to show proof of valid state identification in conjunction with prize award/acceptance.
11. POTENTIAL WINNER, PUBLICITY: As a condition of entry, you grant consent to the Sponsor, and its respective agents to use your name, likeness, voice, and biographical information for publicity or advertising in any media or manner, without payment, consideration, notice or approval and without geographic or time limitation, except where prohibited by law.
12. LIABILITY: You agree that the Sponsor and its respective parents, subsidiaries and affiliated companies and all its advertising and Contest agencies, as well as Facebook, Inc, Instagram and Twitter. (the “Released Parties”), will have no liability whatsoever in connection with this Contest and, you shall hold them harmless for any injuries, losses or damages of any kind that you or others may incur as a consequence of your participation in the Contest or your acceptance, use or misuse of the prize. By entering the Contest, entrant explicitly releases, discharges and holds harmless the Sponsor, its successors and assigns and all its respective shareholders, directors, officers and employees, as well as Facebook, Inc., Instagram and Twitter, one and all, from any and all liability, actions, causes of action, damages, actual, incidental or consequential, claims and demands whatsoever in law or equity, including attorneys’ fees and/or experts fees and costs, which he/she now has or may acquire, by reason of any personal injury, death, loss of or damage to property, or any reason, occurring during or arising out of his/her participation in the Contest and the acceptance and use or misuse of the prize. The Released Parties are not responsible for 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 Contest or receipt or use or misuse of the prize. The Released Parties are not responsible to third parties if entrant decides to gift, donate, sell or otherwise transfer or dispose of prize.
13. CONDITIONS OF ENTRANT CONDUCT: Sponsor reserves the right in its sole discretion, to modify, cancel, terminate, and/or suspend the Contest and to disqualify any individual who tampers with the entry process, violates these Official Rules, or acts in a disruptive or unsportsmanlike manner. In the event that the Contest is terminated early, Sponsor will make the prizes available to be won among all eligible persons who entered prior to the date of termination and notice of such action will be posted on Sponsor’ Website (www.briangavindiamonds.com). Without limiting the foregoing, Sponsor may lock out any entrant who, in Sponsor’s sole judgment, has been disqualified, has questionable eligibility or is otherwise ineligible to enter. 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 any tampering or unauthorized intervention may have occurred, Sponsor reserves the right to void suspect entries at issue. 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 human error, 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.
14. DISPUTES/CHOICE OF LAW: Except where prohibited, each entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Contest or the awarding of the prizes shall be resolved individually, without resort to any form of class action, and exclusively by state or federal courts situated in State of Texas (2) any and all claims, judgments and awards shall be limited to actual out-of- pocket costs incurred, but in no event attorneys’ fees; and (3) no punitive, incidental, special, consequential or other damages, including without limitation, lost profits, may be awarded (collectively, “Special Damages”), and (4) entrant hereby waives all rights to claim Special Damages and all rights to have such damages multiplied or increased. Texas Law, without reference to choice of law rules, governs the Contest and all aspects related thereto.
15. INDEMNIFICATION AND LIMITATION OF LIABILITY: TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU HEREBY AGREE TO INDEMNIFY, RELEASE AND HOLD HARMLESS SPONSOR AND ITS AFFILIATES, AND EACH OF THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, LICENSEES, SUCCESSORS, REPRESENTATIVES AND AGENTS AT ALL TIMES FROM AND AGAINST ANY AND ALL CLAIMS, ACTIONS, LOSSES, LIABILITIES, DAMAGES, PROCEEDINGS, COSTS (INCLUDING ATTORNEYS’ FEES) AND EXPENSES FOR ANY INJURY, DAMAGE OR LOSS CAUSED OR CLAIMED TO BE CAUSED, BASED UPON, OR ARISING FROM THE ACCEPTANCE, POSSESSION, USE OR MISUSE OF THE PRIZE OR ANY PART OF THE PRIZE, ENTERING THE CONTEST, PARTICIPATION IN THE CONTEST, OR PARTICIPATION IN ANY PRIZE RELATED ACTIVITY OR EVENT.
In no event shall Sponsor be liable to a winner or entrant for any indirect, incidental, consequential, special or punitive damages of any kind, whether in contract, tort, negligence, strict liability, statutory or any other theory of liability arising from or related to the Contest, or any aspect of winner’s or entrant’s participation in or termination from the Contest as provided herein, even if Sponsor has been advised of the possibility of such damages. In no event shall Sponsor be liable to a winner or entrant for any amount with respect to winner’s or entrant’s participation in or disqualification from the Contest, or from the termination or cancellation of the ￼Contest. To the extent permitted by law, the rights to litigate, seek injunctive relief or to any other recourse to judicial or any other procedure in case of disputes or claims resulting from or related to the Contest are hereby excluded, and winner expressly waives any and all such rights.