“Bedazzled Unicorn Giveaway"
THESE OFFICIAL RULES CONTAIN AN ARBITRATION AGREEMENT, WHICH WILL, WITH LIMITED EXCEPTION, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST FRAGRANT JEWELS LLC TO BINDING AND FINAL ARBITRATION. UNDER THE ARBITRATION AGREEMENT, (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST FRAGRANT JEWELS LLC ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS.
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT WILL NOT IMPROVE YOUR CHANCES OF WINNING.
- ELIGIBILITY: The Bedazzled Unicorn Giveaway (the “Promotion”) is open only to legal residents of the 50 United States and the District of Columbia and Canada (excluding residents of Quebec, who are not eligible to enter the Promotion), who are eighteen (18) years or older at the time of entry. The Promotion is subject to all applicable federal, state, provincial and local laws and regulations, and is void where prohibited. Employees and members of Fragrant Jewels LLC and its affiliated companies, subsidiaries, advertising agencies, promotional and marketing agencies and anyone else involved in the production or handling of the Promotion (and their immediate family members and those living in the same households) are ineligible.
- SPONSOR: Fragrant Jewels LLC, 807 Mateo Street, Los Angeles 90021 USA, is the Sponsor of the Promotion. This Promotion is in no way sponsored, endorsed or administered by or in association with Facebook. You are providing your information to Sponsor, not to Facebook.
- PROMOTION PERIOD: The Promotion begins at 10:00 a.m. PST on Friday, June 16, 2017, and ends at 5:00 p.m. PST on Friday, June 16, 2017 (the “Promotion Period”).
- HOW TO ENTER: During the Promotion Period, entrants may enter the Promotion by writing “I love unicorns!” in a comment (“Submission”) in reply to either: (i) Sponsor’s post on the Fragrant Jewels Official Facebook page announcing the Promotion, OR (ii) Sponsor’s post on the Fragrant Jewels Official Instagram page announcing the Promotion (each a “Promotion Announcement Post”). Limit one (1) Submission per entrant to the Promotion.
- WINNER SELECTION: On or about June 16, 2017 at 6:00 p.m. PST, a potential prize winner will be selected in a random drawing from all eligible entries received by the Sponsor and announced on Sponsor’s Official Facebook Page as soon as practicable thereafter. Sponsor will also notify the winner via Facebook message or Instagram direct message depending on where Participant submitted his or her Submission. In the event the potential prize winner does not accept the prize within forty-eight (48) hours, or the potential prize winner is ineligible, one alternate winner will be selected at random. Odds of winning depend on the number of eligible entries received for the Promotion. By entering the Promotion, Entrants fully and unconditionally agree to be bound by these Official Rules and the decisions of the Sponsor, which will be final and binding in all matters relating to the Promotion.
- PRIZE: The Prize for this Promotion will be one (1) Bedazzled Unicorn Candle. No prize substitutions or transfers will be allowed, except in Sponsor’s discretion. Sponsor reserves the right to substitute a prize of comparable value in Sponsor's discretion in the event any advertised prize becomes unavailable. Winner is responsible for all taxes due as a result of receipt of a prize and the reporting consequences thereof, and for any other fees or costs associated with the applicable prize.
Sponsor makes no warranties, and hereby disclaims any and all warranties, express or implied, concerning any prize furnished in connection with the Promotion.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ALL PRIZES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND SPONSOR HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT.
7. PUBLICITY RELEASE: By participating in the Promotion, the winner, except where prohibited by law, grants Sponsor, and its designees the right to use the winner's name, likeness, picture, portrait, hometown, voice, biographical information and written submissions and written or oral statements, a description of the prize won, in any and all media, now known or hereafter devised, for any purpose, including without limitation, for advertising and promotional purposes without additional compensation, review or approval rights, notification or permission, and each winner hereby releases Sponsor, Facebook, Instagram and their respective members, subsidiaries, affiliates, partners, employees, directors, and agents, including advertising agencies ("Released Entities") from any liability with respect thereto.
8. GENERAL CONDITIONS: If, for any reason, the Promotion is not capable of running as originally planned, Sponsor reserves the right to cancel, suspend or modify the Promotion or any portion(s) thereof and to award any prizes in a fair and equitable manner, as determined by Sponsor, in light of the circumstances. Any person attempting to defraud Sponsor or tamper with the Promotion in any way may be prosecuted to the full extent permitted by law and will not be eligible for a prize. No responsibility is assumed for: (i) late, misdirected, garbled, or incomplete Submissions, all of which are void; (ii) error, omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to or alterations of entry materials, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions of any kind, or inaccurate transmission of or failure to receive entry information by Sponsor on account of technical problems or traffic congestion on the Internet or at any web site or any combination thereof; or (iii) any injury or damage to entrant's or any other person's computer related to or resulting from participating in the Promotion. Only the type and quantity of prize described in these Official Rules will be awarded. Inclusion in such drawing shall be each entrant’s sole and exclusive remedy in such circumstances.
9. LIABILITY RELEASE: By participating in the Promotion, you hereby release the Released Entities from any and against any and all injury, loss or damage caused or claimed to be caused by your participation in the Promotion and/or the acceptance, awarding, receipt, use and/or misuse of the prize, and you agree that Released Entities are not responsible for any warranty, representation, or guarantee, expressed or implied, in fact or in law, relating to the Promotion and/or the awarding of any prize, except as expressly set forth in these Official Rules; you further agree that (i) any and all disputes, claims, and causes of action arising out of or in connection with the Promotion, or any prize awarded, shall be resolved individually by arbitration in accordance with Rule 11 below without resort to any form of class action; (ii) any claims, judgments and awards shall be limited to reasonable and actual out-of-pocket costs incurred, including costs associated with entering the Promotion, but in no event attorney's fees; and (iii) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY WAIVES ALL RIGHTS TO CLAIM, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES AND ANY AND ALL RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED AND ANY OTHER DAMAGES, OTHER THAN DAMAGES FOR REASONABLE AND ACTUAL OUT-OF-POCKET EXPENSES.
10. GOVERNING LAW: These Official Rules, all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Promotion shall be governed and construed in accordance with the internal laws of the State of California, without regard to principles of conflicts of laws.
11. ARBITRATION AGREEMENT: PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.
a. Agreement to Arbitrate. This Section 11 is referred to in these Official Rules as the “Arbitration Agreement.” You agree that any and all disputes or claims that have arisen or may arise between you and Sponsor, whether arising out of or relating to these Official Rules (including any alleged breach thereof), any advertising, any aspect of the relationship or transactions between us, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, provincial or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into these Official Rules, you and Sponsor are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act (9 U.S.C. § 1 et seq.) governs the interpretation and enforcement of this Arbitration Agreement. All references to claim amounts and relief sought in this Arbitration Agreement are in United States Dollars (USD).
b. Prohibition of Class and Representative Actions and Non-Individualized Relief. YOU AND SPONSOR AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND SPONSOR AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S).
c. Pre-Arbitration Dispute Resolution. Sponsor is always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing Customer Support at [email protected] or calling us at (855) 550-1129. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to Sponsor should be sent to Fragrant Jewels LLC, 807 Mateo Street, Los Angeles, California 90021 USA, Attention: General Counsel (“Notice Address”). The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If Sponsor and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or Sponsor may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Sponsor or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Sponsor is entitled.
d. Arbitration Procedures. Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) rules and procedures, including the AAA’s Supplementary Procedures for Consumer-Related Disputes (collectively, the “AAA Rules”), as modified by this Arbitration Agreement. For information on the AAA, please visit its website, http://www.adr.org. Information about the AAA Rules and fees for consumer disputes can be found at the AAA’s consumer arbitration page, http://www.adr.org/consumer_arbitration. If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Official Rules as a court would. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under these Official Rules and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
Unless Sponsor and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination shall be made by AAA. If your claim is for $10,000 or less, Sponsor agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.
e. Costs of Arbitration. Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the AAA Rules, unless otherwise provided in this Arbitration Agreement. If the value of the relief sought is $75,000 or less, at your request, Sponsor will pay all Arbitration Fees. If the value of relief sought is more than $75,000 and you are able to demonstrate to the arbitrator that you are economically unable to pay your portion of the Arbitration Fees or if the arbitrator otherwise determines for any reason that you should not be required to pay your portion of the Arbitration Fees, Sponsor will pay your portion of such fees. In addition, if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Finally, if the value of the relief sought is $75,000 or less, Sponsor will pay reasonable attorneys’ fees should you prevail. Sponsor will not seek attorneys’ fees from you. But, if you initiate an arbitration in which you seek more than $75,000 in relief, the payment of attorneys’ fees will be governed by the AAA Rules.
f. Confidentiality. All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
g. Severability. Without limiting the severability provision in Section 11 of the these Official Rules, if a court or the arbitrator decides that any term or provision of this Arbitration Agreement other than Section 11(b) above is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court decides that any of the provisions of Section 11(b) is invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void. The remainder of these Official Rules will continue to apply.
h. Future Changes to Arbitration Agreement. Notwithstanding any provision in these Official Rules to the contrary, Sponsor agrees that if it makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a user of the Services, you may reject any such change by sending Sponsor written notice within thirty (30) calendar days of the change to the Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement.
12. LEGAL WARNING: ANY ATTEMPT BY AN INDIVIDUAL, WHETHER OR NOT AN ENTRANT, TO DELIBERATELY DAMAGE, DESTROY, TAMPER OR VANDALIZE THE WEBSITE OR INTERFERE WITH THE OPERATION OF THE PROMOTION, IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND DILIGENTLY PURSUE ALL REMEDIES AGAINST ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
14. Copyright © 2017 Fragrant Jewels LLC. All rights reserved. Fragrant Jewels LLC and the associated logos are trademarks of Fragrant Jewels LLC. Any other trademarks in these Official Rules are used for prize identification purposes ONLY and are the properties of their respective owners.