Tiffany Polaroid Sweepstakes
NO PURCHASE IS NECESSARY TO ENTER OR WIN A PRIZE. A PURCHASE WILL NOT IMPROVE CHANCES OF WINNING. A VALID EMAIL ADDRESS IS REQUIRED TO PARTICIPATE.
EACH POTENTIAL WINNER (AND ANY MINOR’S PARENT OR LEGAL GUARDIAN FOR HIMSELF OR HERSELF AND ON BEHALF OF THE MINOR) MAY BE REQUIRED TO PARTICIPATE IN THE PRIZE FULFILLMENT PROCESS AND SIGN DOCUMENTATION, SUCH AS A RELEASE, AS MORE FULLY DETAILED BELOW, AS A CONDITION OF BEING AWARDED A PRIZE.
BY PARTICIPATING, YOU (AND ANY MINOR PARTICIPANT’S PARENT OR LEGAL GUARDIAN FOR HIMSELF OR HERSELF AND ON BEHALF OF THE MINOR) AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT. WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES TO THE SPONSOR (DEFINED BELOW) FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES. AS MORE FULLY DETAILED BELOW, YOU AGREE THAT ALL DISPUTES ASSOCIATED WITH THIS SWEEPSTAKES WILL BE DECIDED BY BINDING ARBITRATION (SEE RULE 11).
1. SWEEPSTAKES DESCRIPTION. Transparent Agency, LLC (the “Sponsor”) provides merchandise on Tiffanyyoung.com which anyone who is 13 years or older and a resident of the 50 United States or District of Columbia (the “Territory”) can purchase. Tiffanyyoung.com customers have the ability to place orders. The Sponsor is offering a Sweepstakes in the Territory that begins at 12:00:00 a.m. local time on August 5, 2018, and ends August 5, 2019 (the “Entry Period”). Participants automatically receive one (1) Entry (defined below) into the Sweepstakes when they purchase official Tiffany Young merchandise from Tiffanyoung.com during the Entry Period. To receive one (1) Entry without purchasing official Tiffany Young merchandise on Tiffanyoung.com, an eligible individual may submit a “no purchase necessary” alternate method of entry (the “AMOE”) by mail during any Day (defined below) of the Entry Period (each an “AMOE Entry”). See Rule 3 for full entry details. There is a limit of one Entry/AMOE Entry per day regardless of entry method. Void where prohibited. The Sweepstakes is governed by these Official Rules.
The database clock for the servers operating Tiffanyyoung.com will be the official timekeeping device for the Sweepstakes. Except as otherwise specifically stated in these Official Rules, all times mentioned in these Official Rules are local time. A day is the 24-hour period beginning at 12:00:00 a.m. and ending that same day the following 11:59:59 p.m. (a “Day”). Transparent Agency reserves the right to edit the Official Rules, so please check back for any changes to Official Rules that may be made during Entry period from time to time.
2. WHO IS ELIGIBLE TO ENTER/WIN. The Sweepstakes is open only to individuals who are residents of the Territory and who are thirteen (13) years of age or older on the Day of participation. (Any eligible individual who is thirteen or older, but younger than the age of majority in his or her jurisdiction of residence, is referred to in these Official Rules as a “Minor”.) Any Minor should purchase merchandise with the permission of his/her parent/legal guardian. Persons in any of the following categories are NOT eligible to participate in the Sweepstakes: any person who on or after August 1, 2018, was or is (a) a Transparent Agency officer, employee, agent or independent contractor of Tiffanyyoung.com (b) a director, officer, employee, agent of Transparent Agency, LLC, affiliated companies or service agencies; (c) a director, officer, employee, agent or independent contractor of any entity engaged in the development, production or distribution of Sweepstakes materials or of any entities retained by Sponsor or its agencies to assist in any way with the administration or advertisement of the Sweepstakes; (d) an immediate family member (defined as spouse, IRS dependent, or biological, foster, in-law, adoptive or step- mother, father, sister, brother, daughter or son) of, or anyone who resides in the same household as, any person in any of the preceding categories. An eligible individual who enters the Sweepstakes is hereafter referred to as a “Participant.” Each Participant, and their parent or legal guardian if the Participant is an eligible Minor, unconditionally accepts and agrees to comply with and abide by these Official Rules.
3. HOW TO ENTER THE SWEEPSTAKES. There are two ways to enter the Sweepstakes during the Entry Period:
A. By purchasing any piece of official Tiffany Young Merchandise on Tiffanyyoung.com: To enter, you will need a valid email address. You will automatically receive one (1) Entry into the Sweepstakes when you order any piece of official Tiffany Young Merchandise on Tiffanyyoung.com. Note: If due to any mechanical, technical or human error, a purchase of merchandise cannot be made on the aforementioned website, refer to the instructions below on how to enter without making a purchase.
B. Via Mail Without Making a Purchase: To receive one (1) AMOE Entry without purchasing official Merchandise on Tiffanyyoung.com, send a letter addressed to Transparent Agency to 6 Centerpointe Drive, Suite 700
La Palma CA, 90623 and put only the date you are sending the letter in numeric format (mm/dd/yy), your first/last name, and email in the letter. Note: AMOE Entries must be received by the Redemption Center (see Rule 5) on the same date noted in the subject line or they will be disqualified.
C. Limits: There is a limit of one (1) “Entry” (Merchandise Order & Pay or AMOE Entry mail) per Participant per Day (regardless of the number of purchases made on any given Day). Participants may not share an email address with any other participant for purposes of entering the Sweepstakes.
4. DRAWINGS/ODDS OF WINNING. Ten (10) winners will be selected each month from among all eligible entries received for the entire Entry Period, in random prize drawings, conducted by a separate organization selected by Sponsor. One (1) winner will receive one (1) Polaroid. The odds of winning a prize will be determined by the number of eligible entries received.
5. WINNER NOTIFICATION. Sponsor’s redemption center (the “Redemption Center”) will notify each potential winner by email within approximately five (5) business days after the random prize drawing. Potential winners will need a valid email address in their Merchandise order or letter for notification. The potential winner must respond within two (2) business days from when the email is received. Prize claim documents (“Prize Claim Documents”) will then be sent to potential winner via email and/or mail. The Prize Claim Documents will include a declaration of eligibility/release of liability/prize acceptance and publicity release (where permitted by law), and any other documentation reasonably requested by Sponsor, all of which a potential winner must complete and return within three (3) business days of the date the Prize Claim Documents are sent to the potential winner. If a potential winner is an eligible Minor, the prize may be awarded to or in the name of winner’s parent/legal who must execute all Prize Claim Documents and agree to all obligations and undertakings of a winner, both on behalf of himself/herself and the Minor winner, or the prize may be forfeited in its entirety. All Prize Claim Documents received after the deadline shall be deemed VOID and the potential winner may be disqualified. Prize Claim Documents that are complete and duly submitted to the Redemption Center within the required period will be verified within approximately four (4) weeks after the Prize Claim Documents are received or as soon thereafter as reasonably practical, and once verified, the winner (or his/her parent/legal guardian if winner is a Minor) will be contacted to coordinate details of the trip. If any potential prize winner (or such Minor winner’s parent or legal guardian) cannot be reached after Sponsor or its representative has made a reasonable effort to contact him or her, declines a prize for any reason, or fails or refuses to properly sign and return all Prize Claim Documents by the redemption deadline or if the Prize Claim Documents or any portion of a prize is returned as unclaimed or undeliverable to any potential winner, or if it is discovered that a winner made any false statement in any Prize Claim Document, or if the potential prize winner is at any time found to be ineligible or otherwise in violation of these Official Rules (including, without limitation, by using multiple sets of contact information or any other method in an attempt to circumvent the above-stated Entry limitations), that a winner has registered for the Sweepstakes using more than one (1) email address or Digital Device, or if any potential winner declines a prize, or fails to comply with these Official Rules, such potential winner will be disqualified and will forfeit the prize and all rights to the prize they otherwise might have received. The Sponsor will attempt to award any such prize to an alternate winner, but will not pursue more than three (3) alternates for any prize, time permitting. The submission of Prize Claim Documents is solely the responsibility of each potential winner or their parent/legal guardian if the potential winner is a Minor. When sending Prize Claim Documents to the Redemption Center, it is strongly recommended that Participants retain a photocopy of all Prize Claim Documents submitted, and send the submission using Registered, Certified or Express Mail with a receipt of mailing (although proof of mailing does not constitute proof of delivery).
6. PRIZES/ARV. A minimum of fifty (50) prizes are available to be won. Each winner will receive an exclusive polaroid of Tiffany signed and numbered by Tiffany herself.
7. PRIZE/ENTRY CONDITIONS/RESTRICTIONS. All details and other restrictions of prizes not set forth in these Official Rules will be determined by Sponsor in its sole discretion. If Sponsor so elects, a potential prize winner may be required to submit to, and cooperate in, a confidential background check to confirm eligibility and security requirements set by the Sponsor to help ensure that the use of any such person in advertising or publicity for the Sweepstakes will not bring Sponsor into public disrepute, contempt, scandal or ridicule or reflect unfavorably on the Sweepstakes or the Sponsor as determined by Sponsor in its sole discretion. Sponsor reserves the right to refrain from conducting any advertising or publicity associated with a winner for any reason. Any difference between the approximate retail value and the actual value will not be awarded and any difference will not be refunded. No insurance is provided as part of the prize, and obtaining any insurance, such as but not limited to travel insurance, health, accident or medical insurance, and property loss or damage insurance is the sole responsibility of the winner and/or winner’s guest(s) (if any). There is no substitution or cash equivalent for any prize, except that Sponsor in its sole discretion can substitute a prize for a prize of equal or greater value if a prize is not available for any reason. All income taxes (including, without limitation, federal, state and/or local income taxes) on or connected with any prize, and the reporting consequences thereof, are solely the responsibility of respective winners. If required by law, Sponsor reserves the right to withhold and remit to the appropriate taxing authorities the amount of any taxes due. Expenses not stated for any prize are the sole responsibility of the applicable winner.
Entry Conditions: Each Participant acknowledges and agrees that the decisions of Sponsor and/or the Redemption Center shall be final, binding and conclusive in all matters relating to the Sweepstakes. Any person attempting to forge Prize Claim Documents or defraud Sponsor or any of the Sweepstakes Entities in any way in connection with this Sweepstakes may be prosecuted to the fullest extent permitted under the law. In the event of a dispute concerning the identity of a Participant, the Participant will be declared to be the registered account holder of the email address associated with the disputed Entry, but only if that person meets all other eligibility criteria. Otherwise, the Entry may be disqualified and any potential prize won will be forfeited in Sponsor’s sole discretion. A registered account holder is defined as the natural person who is assigned to an email address by an Internet access provider, online service provider or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the applicable email address. Winner may be required to show proof of being the registered account holder.
8. GENERAL RELEASE AND CONDITIONS OF PARTICIPATION. Participants assume all risk of loss, damage, destruction, delay and misdirection of Prize Claim Documents and are advised to obtain insurance where appropriate. Sponsor, Transparent Agency, LLC, and each of their respective parent companies, subsidiaries, affiliates, franchisees, local advertising cooperatives, digital/advertising/promotion agencies, the Redemption Center and all of their respective shareholders, officers, directors, agents, representatives and employees (individually and collectively “Sweepstakes Entities”) are not responsible for: (a) incomplete, misdirected, late, lost, garbled, unintelligible, damaged, stolen, non-delivered or postage-due submissions of Prize Claim Documents or other Sweepstakes-related materials whether caused by Participants, wireless carriers, Internet Service Providers (“ISP”) or unauthorized human intervention; (b) any damage to a Participant’s or other person’s computer system or Digital Device which is caused or occasioned by accessing Tiffanyyoung.com; (c) technical difficulties or failures of any kind including, but not limited to, lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet, Digital Device or wireless carriers, websites or other connection, availability or accessibility problems arising in connection with or over the course of the Sweepstakes; (d) miscommunications, failed, jumbled, scrambled, delayed, dropped, interrupted, lost, non-delivered or misdirected computer, telephone, Digital Device, email, mobile or cable transmissions or hardware, software, program or programming malfunctions, failures or difficulties of any kind including, but not limited to: malfunctions, interruptions or disconnections in transmissions or connections, phone lines, network hardware or software, computers, equipment, programming errors, cable, satellite, cellular tower, or ISP or wireless carriers; (e) any technical malfunctions, failures or difficulties (including failures to place order using MOP), printing errors, clerical, typographical or other errors in any Sweepstakes advertisement or other materials or any Prize Claim Documents; (f) any errors or failures of any kind, whether human, mechanical, clerical, electronic, interruption of power, digital, mobile or technical in nature, or unauthorized human intervention; (g) any incorrect or inaccurate information, whether caused by Tiffanyyoung.com or tampering, hacking, or by any equipment or programming associated with, or utilized in the Sweepstakes, including, without limitation, Entries that are submitted by automated computer programs or other illegitimate means; or (h) the incorrect or inaccurate capture of information or the failure to capture or loss of any information. Prize Claim Documents submitted become the sole property of Sponsor and will not be returned. Sponsor shall not be responsible to correspond with Participants. By participating in the Sweepstakes, each Participant hereby releases and agrees to hold the Sweepstakes Entities harmless from and against any and all costs, injuries, losses or damages of any kind, including, without limitation, property damage, death and bodily injury (whether due to negligence or otherwise), due in whole or in part, directly or indirectly, to participation in the Sweepstakes or any Sweepstakes-related activity or the receipt, use or misuse of any prize. Participants waive the right to assert as a cost of winning any prize, any and all costs of verification and redemption or travel to claim said prize and any liability and publicity which might arise from claiming or seeking to claim said prize. By participating in the Sweepstakes each verified winner hereby agrees and grants Sponsor the right, but not the obligation, to the use of his or her name, voice and likeness, along with his or her address (city and state) and any statements made by or attributed to such winner in any and all media, now known or hereafter devised, without notice, review or approval, in perpetuity and throughout the world for advertising, commercial and promotional purposes in connection with the Sweepstakes and other promotions without further compensation (except where prohibited by law), and releases the Sweepstakes Entities from any liability with respect thereto.
9. DISCLAIMER OF WARRANTIES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SPONSOR MAKES NO WARRANTIES, AND HEREBY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESSED OR IMPLIED, CONCERNING ANY PRIZE IN CONNECTION WITH THE SWEEPSTAKES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SUCH PRIZES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, AND, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SWEEPSTAKES ENTITIES HEREBY DISCLAIM ALL SUCH WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT.
A. Disqualification: It is the Participant’s sole responsibility to ensure that they have complied in full with all conditions and requirements contained in these Official Rules. If any potential winner is found to be ineligible, or if they have not complied with these Official Rules, or declines a prize for any reason prior to award, such potential winner will be disqualified and the prize forfeited. No mechanically reproduced, illegible, incomplete, forged, software-generated, third party or other automated or robotic entries, in whole or in part, will be accepted. Entries made by any individual or any entity other than the Participant and/or originating by any other mechanism, including but not limited to commercial sweepstakes subscription notification and/or entering services, will be declared invalid and disqualified from this Sweepstakes. Sponsor reserves the right in its sole discretion to disqualify any individual who is found to be tampering with the Entry process or the operation of the Sweepstakes; to be acting in violation of these Official Rules; or to be acting in an unsportsmanlike or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Sweepstakes, or to annoy, abuse, threaten or harass any other person. The Sponsor reserves the right to seek damages and other remedies (including attorneys’ fees) from any such person to the fullest extent permitted by law.
B. Force Majeure/Printing and Production Errors: Sponsor reserves the right, without prior notice and at any time, to terminate the Sweepstakes, in whole or in part, or modify, suspend or extend the Sweepstakes or Sweepstakes materials in any way, if it determines in its sole discretion, that Transparent Agency’s websites, Tiffanyyoung.com, any Sweepstakes materials and/or Prize Claim Documents reflect printing, production or other errors, or if it determines, in its sole discretion, that the Sweepstakes is impaired or corrupted or that fraud or technical problems, failures, malfunctions or errors (including, without limitation, viruses or other deleterious programs or materials, glitches or printing or production errors) have destroyed or severely undermined the proper Entry, integrity and/or feasibility of the Sweepstakes. In the event Sponsor is prevented from continuing with the Sweepstakes as contemplated herein by any event beyond its control, including but not limited to fire, flood, natural or man-made health epidemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal, state or local government law, order or regulation, public health crisis, order of any court or jurisdiction or other cause not reasonably within Sponsor’s control, then subject to any governmental approval which may be required, Sponsor shall have the right to modify, suspend, extend or terminate the Sweepstakes. Only the type and quantity of prizes described in these Official Rules will be awarded.
C. Invalidity: The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. Headings and captions are used in these Official Rules solely for ease of reference, and shall not be deemed to affect in any manner the meaning or intent of these Official Rules or any provision hereof. These Official Rules cannot be modified or amended in any way except in writing by a duly authorized representative of Sponsor. Transparent Agency employees or franchisees are not authorized to modify or amend these Official Rules.
D. Governing Law: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations as between Participant and the Sweepstakes Entities in connection with the Sweepstakes shall be governed by and construed in accordance with the internal laws of the State of California including procedural provisions without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other state’s or jurisdiction’s laws.
E. Language Discrepancy: In the event there is a discrepancy or inconsistency between the English language version and any other language version of these Official Rules or any Sweepstakes materials and/or Prize Claim Documents, the English version shall prevail, govern and control.
11. ARBITRATION. By participating in this Sweepstakes, each Participant agrees that: (1) any claim, dispute or controversy (whether in contract, tort or otherwise) Participant may have against any of the Sweepstakes Entities arising out of, relating to or connected in any way with the Sweepstakes, the awarding or redemption of Prizes, or the determination of the scope or applicability of this agreement to arbitrate, will be resolved first by mediation, then exclusively by final and binding arbitration administered by institution of Transparent Agency’s choosing. (2) this arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16; (3) the arbitration shall be held at a location decided by the institution chosen by Transparent Agency (4) the arbitrator’s decision shall be controlled by the terms and conditions of these Official Rules and any of the other agreements referenced herein that the Participant may have entered into in connection with the Sweepstakes; (5) the arbitrator shall apply California law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (6) there shall be no authority for any claims to be arbitrated on a class or representative basis as Participant and Sponsor hereby waive the right to assert claims in any class or representative action; arbitration can thus decide only the Participant’s and/or Sponsor’s individual claims; the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (7) in the event that the administrative fees, arbitrator fees and filing fees associated with the arbitration exceed $250, Sponsor agrees to pay any such administrative, arbitrator and filing fees exceeding $250 on the Participant’s behalf, subject to ultimate allocation by the arbitrator. In addition, if the Participant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of the Participant’s fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (8) with the exception of subpart (6) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (6) is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Provision shall be null and void, and neither Sponsor nor Participant shall be entitled to arbitrate their dispute. Finally, this arbitration provision is reciprocally binding on all parties, such that both Participant and Sponsor are required to arbitrate their claims against one another. The governing law for this contest will be from the State of California and jurisdiction will be the State of California/ Los Angeles County.
12. OFFICIAL RULES. These Official Rules will be available at Tiffanyyoung.com. To receive a copy of the Official Rules by mail, mail a #10 SASE to Redemption Center: Tiffany Sweepstakes Winners List Request, 6 Centerpointe Drive, Suite 700 La Palma CA, 90623. All requests must be postmarked by August 1, 2019, and received by August 5, 2019. Vermont residents may omit return postage. Limit one (1) request per outer envelope.
13. WINNERS LIST. For a list of Official Winners, mail a #10 SASE to Redemption Center: Tiffany Sweepstakes Winners List Request, 6 Centerpointe Drive, Suite 700 La Palma CA, 90623. All requests must be postmarked by August 1, 2019, and received by August 1, 2019. Limit one (1) request per outer envelope. The list will be available when the Sweepstakes is officially over and the prizes have been verified and awarded.
14. SPONSOR. Transparent Agency, LLC
6 Centerpointe Drive, Suite 700
La Palma CA, 90623