Shane Co. – 14 DAYS OF VALENTINES GIVEAWAY OFFICIAL RULES
No purchase or payment of any kind is necessary to enter or win a prize. A purchase will not increase your chances of winning.
This giveaway is intended for play in the United States and will be governed by Colorado law. Do not enter if you are not eligible or are located outside of the United States at the time of entry.
- Requirement. The Shane Co. – 14 Days of Giveaways (the “Giveaway”) is open to legal residents of the 50 United States and the District of Columbia who are 18 years of age or older at the time of entry, subject to the exclusion below.
- Exclusion. Shane Co (the “Sponsor”), Sponsor’s employees, directors, owners, agents, parents, subsidiaries, affiliates, and advertising, fulfillment, judging, and promotional agencies (collectively the “Promotional Parties”) and household members and immediate family (spouse, parent, in-laws, child, sibling, and their respective spouses, wherever they reside) of the Promotional Parties are not eligible to participate in the Giveaway. No group, clubs, or organizations may participate in this Giveaway. This Giveaway is void outside the United States, in New York, Rhode Island, Florida, and the territory of Puerto Rico, and wherever prohibited by applicable federal, state, and local laws or regulations.
- Agreement with Official Rules. Participation in this Giveaway constitutes entrant’s full and unconditional agreement to these Official Rules and to Sponsor’s and any judges’ decisions, which are final and binding on all matters related to the Giveaway.
- Promotional Period. The Giveaway begins on February 1, 2019 at 12:00 a.m. Mountain Time and ends on February 14, 2019, at 11:59 p.m. Mountain Time (the “Promotional Period”). The Sponsor’s clock is the official clock for the Giveaway. The Promotional Period will be divided into fourteen days (each a “Sweeps Day”): Each Sweeps Day starts at 12:00 a.m. Mountain Time that day and at ends at 11:59 p.m. Mountain Time that same day.
- How to Enter. To enter the Giveaway, complete one of the following methods of entry. Any form of entry other than described herein is void. Limit one entry per person per Sweeps Day and per valid email address, regardless of the manner of entry. Should multiple users of the same email account enter the Giveaway and a dispute thereafter arises regarding the identity of the entrant, the authorized account holder of said email account at the time of entry will be considered the entrant. “Authorized account holder” means the natural person who is assigned an email address by an internet service provider (“ISP”), online service provider, or other organization (e.g., a business, educational institution, etc.) which is responsible for assigning email addresses or the domain name associated with the submitted email address. No purchase is necessary to enter or win a prize. A purchase will not increase your chance of winning. By entering, you have not won a prize.
- On the Shane Co. Website. To enter, visit www.shaneco.com/contest/valentines-day and complete the entry form during the Sweeps Day to receive one entry for that respective Sweeps Day. Entries must be filled out completely and accurately with first and last name, date of birth, gender, and email address.
- Free Alternative Method of Entry. Send an email to Sponsor at Social@ShaneCo.com, with the subject “14 Days of Giveaways” and include your first and last name, date of birth, and email address. Email entries must be received by the end of each Sweeps Day.
- Prize Drawing. The day after each Sweeps Day, or on another day reasonably selected by Sponsor, one potential winner will be randomly selected in a drawing conducted by Sponsor from all eligible entries received during the respective Sweeps Day.
- Prize Winner Notification and Requirements. The potential winner will be notified via email within one day following the winner selection. The potential winner will also be announced on Facebook and Instagram. The potential winner may be required to complete, sign, and return to Sponsor a W-9, an affidavit of eligibility, and a liability and publicity release within three days of the date of the attempted notification. The prize may be forfeited if (a) the potential winner cannot be contacted within three days; (b) the potential winner fails to sign aW-9, an affidavit, and/or a release within three days of being contacted, if required; (c) the potential winner is not in compliance with these Official Rules, or (d) a prize or prize notification is returned as undeliverable. Sponsor is not responsible if entrant changes his or her email address. In the event that a potential winner is disqualified for any reason, Sponsor reserves the right, but does not have the obligation, to award the prize to an alternate entrant who will also be selected randomly, even if the disqualified winner’s name was publically announced. All prize details are at Sponsor’s sole discretion.
- Consumer Disclosure: Prize. A prize will be awarded on each Sweeps Day. The prizes are as follows:
- Sweeps Day 1: Necklace (Approximate Retail Value (“ARV”) $490);
- Sweeps Day 2: Earrings (ARV $150);
- Sweeps Day 3: Shane Co. gift card (ARV $200);
- Sweeps Day 4: Necklace (ARV $410);
- Sweeps Day 5: Necklace (ARV $185);
- Sweeps Day 6: Necklace (ARV $115) and Earrings (ARV $125);
- Sweeps Day 7: Necklace (ARV $250);
- Sweeps Day 8: Necklace (ARV $200) and Earrings (ARV $140);
- Sweeps Day 9: Shane Co. gift card (ARV $200);
- Sweeps Day 10: Earrings (ARV $450);
- Sweeps Day 11: Necklace (ARV $265);
- Sweeps Day 12: Earrings (ARV $845);
- Sweeps Day 13: Two Bracelets (Each with ARV $205); and
- Sweeps Day 14: Earrings (ARV $580) and Necklace (ARV $620).
- Other Prize Terms. All taxes are the sole responsibility of the winner. Odds of winning a prize are one out of the total number of eligible entries received. Limit one prize per person or household per the Promotional Period. All prizes are provided with Sponsor’s free lifetime warranty as it pertains to the care and cleaning of the prizes (if applicable), as is set forth online here: http://www.shaneco.com/About/LifetimeGuarantee.htmx. Prizes and obligations pursuant to these Official Rules cannot be assigned. The winner and Sponsor shall arrange a time for the winner to pick up the prize.
- Publicity Release. By accepting a prize, the winner grants Sponsor and its designees and sublicensees the right to use the winner’s name, biographical information, testimonial, photo and/or likeness, voice, prize information, personal exposition, and/or any other information contained in the winner’s entry or otherwise provided by the winner in connection with this Giveaway (and/or any edited portion thereof) for advertising, publicity, promotional, and other purposes in any and all media, now or hereafter devised, throughout the world in perpetuity, without additional compensation, notification, or permission, except where prohibited by law.
- Force Majeure. Promotional Parties’ failure to comply with these Official Rules dues to an act of God, natural disaster, war, terrorism, communications system or network error or failure, cyber-attack or hacking, actions of governmental control, or other events outside the control of the Promotional Parties shall not be considered a breach of these Official Rules.
- Disqualification. Persons who tamper with or abuse any aspect of the Giveaway or website, who are in violation of these Official Rules, who submit any obscene or other objectionable material as solely determined by Sponsor, or who act in an unsportsmanlike or disruptive manner as solely determined by Sponsor, will be disqualified and all associated entries will be void. Sponsor reserves the right at its sole discretion to suspend, modify, or terminate the Giveaway for any reason, including, but not limited to, should any portion of the Giveaway be, in Sponsor’s sole opinion, compromised by virus, worms, bugs, non-authorized human intervention or other causes which, in the sole opinion of the Sponsor, corrupt or impair the administration, security, fairness, or proper play, or submission of entries. If so terminated, at the Sponsor’s discretion, Sponsor may randomly select the winners from among all eligible, non-suspect entries received prior to termination or as otherwise deemed fair and appropriate by Sponsor.
- Other Terms and Conditions. Automated entries are prohibited, and any use of automated devices will cause disqualification. Sponsor reserves the right at its sole discretion to disqualify any individual who tampers with the entry process. Entrants may not register with multiple email addresses nor may entrants use any other device to register multiple times or as multiple registrants. Any entrant who attempts to enter with multiple email addresses under multiple identities or uses any device or artifice to enter multiple times will be disqualified and forfeits any and all prizes won, in Sponsor’s discretion. Each entrant agrees to receive commercial emails from Sponsor, which the entrant may opt-out of by following the instructions in the commercial emails.
- Release. By entering the Giveaway, each entrant agrees for entrant and for entrant’s heirs, executors, and administrators (i) to release, defend, indemnify, and hold harmless the Promotional Parties from any and all costs, injuries, losses, or damages of any kind, including, without limitation, death and bodily injury, due in whole or in party, directly or indirectly, to participation in the Giveaway or any Giveaway related activity, or from entrant’s acceptance, receipt, possession, redemption and/or use or misuse of a prize; (ii) that Promotional Parties have neither made nor are in any manner responsible or liable for any representation or guarantee, express or implied, in fact or in law, with respect to any prize, including, without limitation, to such prize’s quality or fitness for a particular purpose; (iii) to comply with all Sponsor and Promotional Parties’ policies, terms, and conditions relating to the use of Sponsor or Promotional Parties’ websites; and (iv) to be bound by these Official Rules and to waive any right to claim any ambiguity or error therein or in the Giveaway itself. Failure to comply with these conditions may result in disqualification from the Giveaway at Sponsor’s sole discretion. This release, defense, indemnification and hold harmless obligation shall survive any expiration or termination of the Giveaway.
- Limitation of Liability. THE PROMOTIONAL PARTIES’ LIABILITY ARISING IN CONNECTION WITH THIS GIVEAWAY WHETHER IN CONTRACT, IN TORT, UNDER ANY WARRANTY, IN NEGLIGENCE, OR OTHERWISE SHALL NOT EXCEED THE AMOUNT OF (I) $5.00 WITH RESPECT TO NON-WINNERS AND (II) $500.00 WITH RESPECT TO WINNERS, AND SHALL BE FURTHER LIMITED TO ACTUAL DAMAGES EQUAL TO OR LESS THAN SUCH AMOUNTS, RESPECTIVELY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PROMOTIONAL PARTIES SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR EXEMPLARY DAMAGES OR FOR LOST PROFITS OR FOR ATTORNEYS’ FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM. ENTRANT IS NOT ENTITLED TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR OTHER EQUITABLE RELIEF.
- Each entrant agrees, to the extent such laws give the entrant rights, that all rights under Section 1542 of the California Civil Code and similar law of any state or territory of the United States are hereby expressly waived. Said section reads as follows:
42. CERTAIN CLAIMS NOT AFFECTED BY GENERAL RELEASES. A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.
Do not enter this Giveaway if you do not agree to have any claim
or controversy finally decided in accordance with these Official Rules.
- Binding Arbitration. Any claim, dispute, or controversy arising under or related to this Giveaway or these Official Rules shall be resolved first by means of direct discussions with Sponsor. If not resolved pursuant to such discussions, the claim, dispute, or controversy shall then be resolved by final and binding arbitration administered by Judicial Arbitration and Mediation Services, Inc. (“JAMS”), in accordance with its streamlined arbitration rules and procedures or subsequent versions thereof (the “JAMS Rules”). The JAMS Rules for selection of an arbitrator shall be followed, except that the arbitrator shall be experienced and licensed to practice law in Colorado. All proceedings brought pursuant to this agreement will be conducted in the County of Denver, State of Colorado. Any claim, dispute, or controversy arising out of or related to this Giveaway must be submitted to JAMS within three months from the last day of the Promotional Period; otherwise, such claim is permanently barred.
- Litigation in Certain Circumstances.
- Waiver of Jury Trial. If the binding arbitration provision above is determined to be null AND void or if any claim or controversy must be litigated for any reason, ENTRANT HEREBY WAIVES ANY RIGHT THEY MAY HAVE TO A TRIAL JURY IN ANY ACTION, SUIT, OR PROCEEDING ARISING OUT OF OR IN CONNECTION WITH THIS GIVEAWAY.
- Venue. If entrant or Sponsor is entitled to bring any claim, dispute, or controversy in court, any such action shall only be brought in a state or federal court located in the County of Denver, State of Colorado. Entrant hereby submits to the jurisdiction and venue of such courts and waives any objection to which the entrant otherwise might be entitled regarding such jurisdiction or venue.
- CLASS ACTION WAIVER. ANY ARBITRATION, ACTION, SUIT, OR PROCEEDING ARISING OUT OF OR IN CONNECTION WITH THIS GIVEAWAY SHALL BE IN THE ENTRANT’S INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. ENTRANT SHALL NOT SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, A REPRESENTATIVE ACTION, OR IN ANY PROCEEDING IN WHICH AN ENTRANT OR SPONSOR ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. THE ARBITER OR JUDGE MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED WITHOUT THE WRITTEN CONSENT OF THE ENTRANT, SPONSOR, AND ALL PARTIES TO ANY SUCH PROCEEDING.
- Governing Law. These Official Rules and the Giveaway are governed by U.S. laws and are subject to all applicable federal, state, and local laws and regulations. All issues and questions concerning the construction, validity, interpretation, and enforceability of the Official Rules, or the rights and obligations of entrant and Sponsor in connection with the Giveaway, shall be governed by, and construed in accordance with, the laws of the State of Colorado, without giving effect to the conflict of laws rules thereof.
- Severability. If any provision(s) of these Official Rules are held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect. Sponsor may, in its discretion, replace the invalidated or unenforceable provisions with valid and enforceable provisions that, in the Sponsor’s discretion, fulfill the intent of the Giveaway and these Official Rules.
- Copy of Winner List and Official Rules. For the names of the winners or copy of these Official Rules, send your request to Shane Co., Attn: 14 Days of Giveaways Winners List, PO Box 3552, Englewood, CO 80155-9922. All such requests must be received by March 14, 2019.
- Sponsor. The Sponsor is Shane Co., PO Box 3552, Englewood, CO 80155-9922.
- Abbreviated Rules. No purchase or payment of any kind is necessary to enter or win the Giveaway. A purchase will not increase your chances of winning. Giveaway begins 2/1/19 and ends 2/14/19. Void where prohibited. Official Rules available here: http://bit.ly/2HjsUKr.