ALEX AND ANI: #POSITIVELYGIFTED CONTEST
Terms and Conditions
NO PURCHASE NECESSARY TO ENTER OR WIN THE CONTEST (“Contest”): Entry into this Contest constitutes your acceptance of these Terms and Conditions.
- Sponsor: The Sponsor of this Contest is Alex and Ani, LLC, located at 2000 Chapel View Boulevard, Suite 360, Cranston, RI 02920 (“Sponsor”).
- Eligibility: The Contest is open only to legal residents of the United States who are at least 18 years old. Persons in any of the following categories are NOT eligible to participate or win prizes in the Contest: (a) any person who is an employee, director, officer, agent or independent contractor of ALEX AND ANI, LLC, its subsidiaries or affiliates and (b) individuals who are immediate family members (defined as spouse, IRS dependent, biological or adoptive or step- mother, father, sister, brother, daughter or son, and each of their respective spouses) of, or who reside in the same household as, any person in any of the preceding categories. Void where prohibited. The Contest is subject to all applicable federal, state and local laws.
- Contest Period: The Contest will be open on Tuesday, December 1, 2015 at 12:00 AM Eastern Standard Time (“EST”) and ends on Thursday, December 31, 2015 at 11:59 PM EST (the “Contest Period”).
- How to Enter: A person (“Contestant”) will take a photo of themselves expressing what #positivelygifted means to them and include hashtag #positivelygifted; and share on Instagram, Facebook, Twitter or upload to www.alexandani.com.
- Prize/Grand Prize (“Prize” or “Grand Prize”)
- Grand Prize: One (1) Grand Prize Contestant (“Grand Prize Contestant”) will receive a $250.00 Alex and Ani E-gift card;
- Prize Contestants: Five (5) prize contestants (“Secondary Prize Contestants”) will receive a $100.00 Alex and Ani E-Gift card
- The Approximate Retail Value of the Grand Prize/Prizes is $750.00 (“APV”)
- Prize Determination: Or on about January 5, 2016, the best submitted photo that embodies the meaning of #positivelygifted will be selected to win the Grand Prize and Prize.
- Claiming Prize: The Contestant may be required to verify his/her name, age, email address and mailing address prior to issuance of the Grand Prize and Prize. Contestants may be required to return a declaration of eligibility/liability publicity release which, unless otherwise prohibited by law, must be returned within a reasonable time, and generally within seventy-two (72) hours, to receive a Prize. Contestants may be disqualified for non-compliance within this time frame for any reason whatsoever, or if any Contestant cannot be reached after a reasonable effort has been exerted, if they are found to be ineligible, do not comply with these Terms and Conditions or if Grand Prize/Prize(s) notification is returned as undeliverable if a Contestant is disqualified, an alternate Contestant will be selected as a Contestant at Sponsor’s sole discretion. Grand Prize/Prize(s) cannot be substituted, transferred or exchanged for any reason except at the sole discretion of the Sponsor.
- Release: By receipt of a Grand Prize/Prize(s), a Contestant agrees to release and hold harmless Alex and Ani, LLC, and any promotional partners, each of their parent, subsidiary, affiliate, franchisees and related companies, and each of its and their respective officers, directors, employees, and agents (collectively the “Released Parties”) from and against any losses, damages, rights, claim or cause of action of any kind arising, in whole or in part, directly or indirectly, out of participation in the Contest or resulting directly or indirectly, from acceptance, possession, use, or misuse of any prize awarded in connection with the Contest, including without limitation personal injury, death, and/or property damage, as well as claims based on publicity rights, defamation, and/or invasion of privacy. By acceptance and receipt of any Grand Prize/Prizes, each Contestant consents to the use by Alex and Ani, LLC of such Contestant’s name in marketing materials e.g. the microsite, twitter, Facebook, etc., for a period of 12 months following the conclusion of the Contest.
- Limitations of Liability: The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by Contestants, printing errors or by any of the equipment or programming associated with or utilized in the Contest; (2) technical failures of any kind, including, but 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 Contest; (4) technical or human error which may occur in the administration of the Contest 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 Contestant’s participation in the Contest or receipt or use of any prize or while traveling to or from any prize-related activity. No more than the stated number of Grand Prize/Prizes will be awarded. In the event that production, technical, seeding, programming or any other reasons cause more than the stated number of prizes as set forth in these Official Rules to be available and/or claimed, Sponsor reserves the right to award only the stated number of prizes by a random drawing among all legitimate, un-awarded, eligible prize claims. Sponsor reserves the right, at its sole discretion, to cancel, terminate, modify, abbreviate or suspend the Contest or any portion thereof for any reason without further obligation or advance notice. If the Contest is not capable of running as planned by Sponsor, notice will be posted by December 10, 2015. By entering, Contestants agree to comply with these rules. Any Contestant who attempts to tamper with the Contest, in Sponsor’s sole discretion, shall be disqualified. “Authorized account holder” means the natural person who is in control of the email address so associated. CAUTION: ANY ATTEMPT BY AN CONTESTANT TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEYS’ FEES TO THE EXTENT ALLOWED BY LAW) FROM ANY SUCH CONTESTANTS TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION. If any portion of these rules is determined to be invalid or illegal, the remaining portions of these rules will remain in effect and be construed with their terms as if the invalid or illegal provision were not contained herein.
- Disputes: Each Contestant, via submission of any entry into this Contest, agrees that: (i) any and all disputes, claims and causes of action arising out of or connected with this Contest or any prizes awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the appropriate Rhode Island State Court located in Providence, Rhode Island; (ii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest but in no event attorneys’ fees; and (iii) under no circumstances will Contestant be permitted to obtain awards for and Contestant hereby waives all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the Contestant and Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of Rhode Island, without giving effect to any choice of law or conflict of law rules (whether of the State of Rhode Island or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Rhode Island.
- Notification: Contestant will be contacted directly via an email from Alex and Ani’s Email account (@alexandani.com). Sponsor will send the Grand Prize/Prize via first class mail to the Contestant at the address provided in accordance with these terms and conditions.
- Contestants List: To learn the identity of the Contestants, send a self-addressed, stamped envelope to: Alex and Ani, LLC, 2000 Chapel View Blvd, Suite 360, Cranston, RI 02920.