Contest Entry Rules
1. Promotion Description: Lemax Inc (the "Sponsor") along with GiftSpice.com (Gift Spice is a "Co-Sponsor") is offering the Gift Spice 2020 Share your Favorite Theme with a Spooky Scene" Contest (the "Promotion") whereby one winner will be randomly selected (sweepstakes contest) by a member of the Gift Spice Marketing Team to receive an exclusive framed print featuring the artist's illustrations for the retired Isle of Doom Lighthouse. The Promotion begins September 2nd, 2020, at 12:01:00 AM ("PDT") and ends at 12:01:00 am ("PDT") on October 1st, 2020 ("Promotion Period").
2. Eligibility: The Promotion is only open to the legal residents of the fifty (50) United States and the District of Columbia, and to our Canadian friends up north (Canada), who have an active Facebook, Instagram, or Twitter account and are eighteen (18) years of age and/or have reached the age of majority in their state of residence at time of registration and individuals between the ages of thirteen (13) and seventeen (17) (as well as any individual who has not reached the age of majority in his/her state of residency) having their parent or legal guardian’s permission to register. Employees, officers and directors of Sponsor and Co-Sponsor, Promotion Administrator, its advertising, promotional, fulfillment and marketing agencies (collectively the “Promotion Entities”), their immediate families (parent, grandparent, child, sibling & spouse) and persons living in the same households as such individuals (whether related or not), are not eligible to participate in the Promotion. Void in military installations and where prohibited or otherwise restricted by law, rule or regulation. All federal, state and local laws and regulations apply.
3. Number of entries:
Enter as many times as you like. However, creation of false accounts on Facebook, Twitter or Instagram is prohibited. Message, data rates or other charges may apply; check your mobile plan for rates and details. Participation may not be available on all carriers. In the event of a dispute as to any Entry, the authorized account holder of the Facebook account used to enter will be deemed to be the entrant. The “authorized account holder” is the natural person assigned the account by the online service provider or other organization responsible for assigning the accounts. You may be required to show proof of being an authorized account holder.
Prepare your Entry with the clear understanding it may be posted on a public website(s) for public viewing during the Promotion Period. By submitting an Entry, you hereby grant permission for the Entry to be posted on www.lemaxcollection.com/contests or other websites. You agree that Released Parties (as defined below) are not responsible for any unauthorized use of your Entry by third parties. Released Parties do not guarantee the posting of any Entry. You agree that you will not use the Entry for any other purpose, including, without limitation, posting the Entry to any online social networks other than those mentioned herein, without the express consent of Sponsor in each instance.
4. Each Entry must also comply with the following additional Submission Guidelines:
a. Your Entry may not contain any content that is lewd, obscene, sexually explicit, pornographic, disparaging, defamatory, libelous, obscene, or that otherwise contains inappropriate content or objectionable material as determined by Sponsor in its sole and unfettered discretion.
b. Your Entry must be your original work, created solely by you, and must not infringe the copyright, trademark, privacy, publicity, or other intellectual rights of any person or entity.
c. If any person(s) appears in your Entry, you are responsible for obtaining, prior to submitting the Entry, any and all release(s) and consent(s) necessary to permit the display and use of the Entry by Sponsor as set forth in these Official Rules. If any person appearing in your Entry is under the age of majority in their state, country or province of residence, the signature of a parent or legal guardian is required on each release.
d. Your Entry must not contain any personally identifiable information of any person other than you. Should you include personally identifiable information about yourself in your Entry, you acknowledge and agree that such information will be disclosed publicly and you are solely responsible for any consequences thereof.
e. You may not be, nor may you work with parties in conjunction with your Entry, who: 1) are represented under contract (e.g.,by a talent agent or manager) that would limit or impair Sponsor's ability to display the Entry in any media form; 2) have an acting or modeling contract that would make their appearance in the Entry a violation of any third party rights; or 3) are under any other contractual relationship, including but not limited to guild and/or union memberships, that may prohibit them from participating fully in this Promotion, or from allowing Sponsor to use royalty-free, the Entry worldwide in all media in perpetuity.
f. Entries must not contain any commercial content or logos, except those owned by Sponsor.
g. Your Entry may not contain any material or elements that are not owned by you and/or which are subject to the rights of third parties, except those owned by Sponsor.
h. Your Entry must not depict the Promotion Entities negatively.
By submitting your Entry, you agree that it conforms to these Official Rules and that Sponsor, in its sole discretion, may disqualify your Entry for any reason at any time, including if it determines, in its sole discretion, that it fails to conform to these Official Rules in any way or otherwise contains unacceptable content as determined by Sponsor, in its sole discretion.
In Sponsor’s sole opinion, Entries which do not meet any of these requirements and/or which Sponsor deems in its sole discretion is negative, offensive or controversial in any way will be disqualified and removed from the Promotion. Without in any way limiting, expanding or amending the Terms and Conditions at www.lemaxcollection.com/terms, Facebook.com, Instagram.com and Twitter.com, which shall remain in full force and effect, if Sponsor is duly notified that any element of an Entry infringes upon the rights of another person and/or receives a legally valid request to remove or invalidate the affected Entry because of such infringement, such Entry will be removed and disqualified from the Promotion, as Sponsor may determine in its sole discretion. By entering the Promotion, you hereby license the rights to use any content in your Entry to the Sponsor for use in and in relation to any of its products and the advertising, marketing, promotion and exploitation thereof in any type of media now known or hereafter developed in perpetuity in exchange for no compensation of any kind.
5. Winner Selection/Confirmation: A single winners will be selected by the Gift Spice Marketing Team Member on October 2nd, 2020. If you are a potential winner (“Potential Winner”) who entered using Facebook, you will be contacted within ten (10) business days at the e-mail address provided in your Entry (“Prize Notification email”) and provided with a Prize Claim Document (“PCD”). If you are a Twitter or Instagram social media winner, we will contact you via your social media account.
The PCD must be printed, completed and returned to Sponsor within five (5) days of the date indicated on the Prize Notification email. If any Potential Winner is under the age of majority in his/her state of legal residency (“Minor”), his/her parent or legal guardian must provide his/her information for the purposes of prize fulfillment and accept the prize on behalf of the Minor. Failure to comply with any of these provisions will result in disqualification and forfeiture of the prize. Return of Prize Notification or prize as undeliverables for any reason will result in disqualification and forfeiture of the prize. Entrants agree that the decisions of the Sponsor are final and binding. A Potential Winner is not an official winner (“Winner”) until his/her eligibility has been verified and Potential Winner has been notified that verification is complete. NOTE: Unclaimed prizes will not be awarded.
6. Costs: Any costs associated with prize acceptance and use not specified herein as being provided, is solely the Winner’s responsibility. Shipping, handling and tariff charges will be paid for by Lemax Inc.
8. General: You agree to comply fully with each provision in these Official Rules. Any person attempting to defraud or in any way tamper with this Promotion and any person who does not comply with these Official Rules, will be ineligible for any prize(s) and may be prosecuted to the full extent of the law. If, during the Promotion Period, for reasons beyond the Sponsor’s control (including, but not limited to, tampering or computer virus infection), the Promotion is not capable of running as originally planned, the Sponsor, at its sole discretion, reserves the right to cancel, postpone or modify the Promotion, without liability and to the extent feasible, and will select Official Winners and award prizes from among Entries received prior to cancellation or modification via random drawing. Sponsor is not responsible for Internet, computer hardware and software, phone, and other technical errors, malfunctions, and delays. Entries, which are incomplete, inaccurate, irregular, or otherwise not in compliance with these Official Rules, are void. Sponsor reserves the right, at its sole discretion, to disqualify any individual it finds, in its sole discretion, to be tampering with the entry process or the operation of the Promotion or web site. Sponsor may prohibit an entrant from participating in the Promotion or winning a prize if, in its sole discretion, it determines that said entrant is attempting to undermine the legitimate operation of the Promotion by cheating, hacking, deception, or other unfair playing practices (including the use of automated quick entry programs) or intending to annoy, abuse, threaten or harass any other entrants or Sponsor representatives.
CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
9. Release of Liability and Issues of Law: By participating in this contest, you release the Sponsor, Facebook, Pinterest, Twitter, Instagram, their affiliates, partners, subsidiaries, officers, directors, agents, employees and all Promotion Entities associated with the development and execution of this Promotion and their respective employees, officers, directors and shareholders (“Released Parties”) from any and all liability with respect to and in any way arising from participating in this Promotion or acceptance or use of prizes.
You also agree that the Released Parties are not responsible or liable for any injury or damage to your or third person's computer system related to or resulting from you entering the Promotion or the downloading of any materials associated with the Promotion (including, without limitation, any server failure or lost, delayed or corrupted data or other malfunction), either directly or indirectly.
You agree that Released Parties shall not be liable for personal injuries, death, damages, expenses, costs or losses of any kind resulting from your participation or inability to participate in this Promotion or parts thereof or acceptance of, use of or inability to use a prize or parts thereof including, without limitation, claims, suits, injuries, losses and damages related to personal injuries, death, damage to or destruction of property, rights of publicity or privacy, defamation or portrayal in a false light (whether intentional or unintentional), whether under a theory of contract, tort (including negligence), warranty or other theory. Official Winners agree to release the Released Parties from any and all liability and responsibility with respect to the prize (including any property loss, damage, personal injury or death). Official Winners acknowledge the Promotion Entities have neither made nor are in any manner responsible for any warranty, representation or guarantee, expressed or implied, in fact or in law, related to the prize.
Released Parties shall not be liable for failure to supply a prize or any part thereof, by reason of any acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not the action(s), regulation(s), order(s) or request(s) prove(s) to be invalid), equipment failure, terrorist acts, earthquake, war, fire, flood, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any other cause beyond Released Parties’ sole control.
All Federal, state and local laws and regulations are applicable. THE MASSACHUSETTS COURTS (STATE AND FEDERAL) SHALL HAVE SOLE JURISDICTION OF ANY CONTROVERSIES REGARDING THE PROMOTION AND THE LAWS OF THE STATE OF MASSACHUSETTS SHALL GOVERN THE PROMOTION. BY PARTICIPATING IN THIS PROMOTION YOU WAIVE ANY AND ALL OBJECTIONS TO JURISDICTION AND VENUE IN THOSE COURTS AND HEREBY SUBMIT TO THE JURISDICTION OF THOSE COURTS. The Promotion is void where restricted or prohibited by law.
10. Communications – Any questions or comments regarding this Promotion should be directed to Lemax Inc via email to: email@example.com