Terms and Conditions - Promotional Giveaway
PINK LILY
View Pink Lily’s Privacy Policy HERE.
Official Rules ("Official Rules") and Legal Disclaimer
INTRODUCTION
By entering into this Jack Riley Investments, LLC d/b/a Pink Lily ("Sponsor") sponsored sweepstakes (this "Sweepstakes"), you, as participant ("Participant"), agrees to abide by these Official Sweepstakes Rules and Legal Disclaimers and the decisions of Sponsor, such decisions which are final and binding in all respects. This Sweepstakes is "VOID WHERE PROHIBITED BY LAW" SPECIFICALLY EXCLUDED FROM RESIDENTS IN FLORIDA, NEW YORK, and RHODE ISLAND.
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN.
A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
ELIGIBILITY
This Sweepstakes is open solely to legal resident of the continental United States and the District of Columbia who are 18 years of age or older at the time of entry and have reached the age of majority in any jurisdiction of residence at the time of opt-in (19 in Alabama and Nebraska; 21 in Mississippi).
Employees, officers, directors, members, managers, independent contractors, and agents of Sponsor and its affiliated companies (as well as the same household members of any such individual), are not eligible to enter.
All applicable federal, state and local laws and regulations apply.
HOW TO ENTER
Follow the instructions on the Giveaway Social Media Post to enter a Giveaway (the “Entry”). If the Entry is in the form of an original photograph or comment, you warrant and represent that:
- your Entry is original and does not infringe the intellectual property rights of any third party,
- you own or have the necessary licenses, rights, consents, and permissions to publish and exploit the Entry,
- the Entry does not feature trademarks, logos, or brand names other than Pink Lily, and
- the Entry is not made for any improper purpose such as to intimidate or harass any individual or to ridicule, disparage, or embarrass Pink Lily.
And you grant a right to Pink Lily to a royalty-free, irrevocable, transferrable, sublicensable, and non-exclusive perpetual license throughout the universe for use in any and all media whether now known or hereafter devised to use and exploit (including without limitation by reproduction, distribution, public display, adaptation, communication to the public, and/or public performance, and including for commercial purposes) the Entry, waive to the full extent permitted by law any and all claims against Pink Lily related to moral rights in the Entry, and except where prohibited, grant written permission to have the Winner’s name, likeness and identity used for promotional purposes by Pink Lily without additional compensation.
Limit one Entry per person per Giveaway unless otherwise stipulated.
To preserve the standards of a Giveaway, Pink Lily may occasionally ask for additional information which will be used for fraud prevention.
No Entry shall contain any language or imagery which Pink Lily deems, in its sole and absolute discretion, to be inappropriate, indecent, obscene, hateful, tortious, defamatory, or that promotes discrimination on the basis of race, gender, religion, nationality, disability, sexual orientation, or age. Pink Lily reserves the right, in its sole discretion, to disqualify any Entry that contains any such language or imagery or which otherwise may be in violation of any law.
Late, incomplete and/or inaccurate entries and entries not complying with all Rules are subject to disqualification. Any form of automated entry, including by the use of macros, scripts or bots, will be disqualified. Furthermore, by entering, each Participant represents and warrants that each Entry complies with these Giveaway Rules in full. Pink Lily reserves the right in its sole discretion to disqualify and/or not accept any Entry that Pink Lily determines does not or is likely not to comply with these guidelines.
Number of Entries: One Entry per Social Media account, unless otherwise stipulated on the Giveaway Social Media Post. Any Entries over the limit will be deemed ineligible and will not be entered into the Giveaway.
By participating, each person who participates (each a “Participant”) agrees to be fully and unconditionally bound by these Rules, and represents and warrants that he/she meets the eligibility requirements set forth herein.
By entering a Giveaway, you will not be eligible to receive any prizes awarded in any other Giveaway unless you enter each Giveaway separately.
SELECTING AND NOTIFYING PRIZE WINNER
The Sponsor will select one (1) winner at random of all eligible entries received following the end of the Entry Period. Sponsor will attempt to notify potential winner within five (5) business days of the drawing by email or direct message through Instagram. If a potential winner does not respond within seven (2) calendar days after the notice is sent, the Sponsor will select an alternate potential winner in his/her place at random from all remaining entries received. Only three (3) alternate potential winners will be contacted. Sponsor is not responsible for digital communications that are undeliverable as a result of any filtering of any kind, insufficient space in a Participant's account, or any other failure beyond its reasonable control.
Except where prohibited, a potential winner may be required to complete and return an affidavit of eligibility and liability/publicity release (Prize Winner Notification Letter). If a potential winner fails to sign and return these documents within the required time period, an alternate potential winner may be selected in his/her place in a random drawing of all remaining entries received. Only three (3) alternate potential winners may be contacted. The winner must provide sufficient evidence to prove identification and eligibility to receive the Prize.
Any potential winner will forfeit his or her Prize if he or she (1) fails to respond in a timely fashion to any of Sponsor's requests for information or signatures with respect the Sweepstakes or the Prize; (2) cannot be reached at the information provided by such individual; (3) rejects the Prize; or (4) is disqualified from the Sweepstakes for any reason. In the event of any forfeiture hereunder, an alternate winner will be selected. Prize winners are solely responsible for all applicable (1) federal, state, and local taxes; and (2) out-of-pocket expenses, associated with Prize acceptance and use. Prizes will not be substituted by Sponsor for cash or other merchandise pursuant to any Prize winner's request. Sponsor, however, reserves the right to substitute alternate Prizes of comparable or equal value in its sole discretion. Subject to applicable law, Prizes are offered "as is" without any express or implied warranty of any kind or nature, including without limitation, any warranty respecting condition, merchantability, quality, title, or fitness for a particular purpose.
PROVISION OF MATERIALS AND INFORMATION/INTELLECTUAL PROPERTY
By entering into this Sweepstakes, Participant represents and warrants as follows (1) that it fully owns or has properly licensed whatever materials or information it submits hereunder in connection with the Sweepstakes and can make such submissions without violating any: applicable law, agreement with any third-party, and/or third-party right of any kind (including without limitation any intellectual property, data protection, privacy, or publicity right); and (2) that any and all materials or information provided by it hereunder shall be true and correct in all respects. Furthermore, without limitation on anything set forth herein to the contrary, Sponsor shall have the irrevocable, transferable, and fully sublicensable right and license (but not the obligation) to exploit any and all such materials or information in any manner it so elects to promote the Sweepstakes, its business, brand, products, and/or services, throughout the world in perpetuity, and in any and all media, now or hereafter known.
PUBLICITY
Subject to applicable law, entrance in this Sweepstakes constitutes the Participant's consent to Sponsor's and Sponsor's affiliates to use his or her name, voice, likeness, opinions, and biographical information for marketing, advertising, and publicity purposes in any media throughout the world at any time without the obligation to seek consent or to provide Participant with any payment or other form of consideration. Participant agrees to execute any document reasonably required by Sponsor to effectuate the terms hereof and failure to do so shall give rise to Sponsor's right to execute any and all such documents as Participant's attorney-in-fact, which right shall be coupled with an interest and therefore, irrevocable.
RELEASE
Subject to applicable law, by entering into this Sweepstakes and potentially receiving a Prize, each Participant and winner agrees to release, discharge, and hold harmless Sponsor, along with Sponsor's employees, officers, directors, affiliates, partners, agents and assigns (collectively, "Released Parties"), from and against any claim, cause of action, demand, or proceeding (each, a "Claim"), and any resultant loss, injury (including death), cost, expense, fee, fine, penalty, or other loss or expense of any kind, including attorneys' fees (each, a "Loss"), relating to or arising directly or indirectly out of his or her participation in a Sweepstakes (or related activity such as a press release), and/or Sponsor's right to exploit Participant's name and/or likeness or fully exploit any other right granted to it hereunder, and/or from Participant's receipt, use, or misuse of any Prize, no matter how such Claim or Loss arises (including without limitation: (a) unauthorized human intervention in the Sweepstakes; (b) technical errors related to computers, servers, providers, or telephone, or network lines; (c) printing errors; (d) lost, late, postage due, misdirected, or undeliverable mail; (e) errors in the administration of the Sweepstakes or the processing of entries; or (f) injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant's participation in the Sweepstakes or receipt or use of any prize). You further agree that in any cause of action, the Released Parties' liability will be limited to the cost of entering and participating in the Sweepstakes, and in no event shall the Released Parties be liable for attorney's fees.
LIMITATION OF LIABILITY
IN NO EVENT SHALL SPONSOR, AND/OR SPONSOR'S PARENT, SUBSIDIARY, LICENSEES, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, ASSIGNS, AFFILIATES, OR RELATED COMPANIES (COLLECTIVELY WITH PROMOTER, THE "SPONSOR PARTIES"), BE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTAL, OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS) ARISING OUT OF ANY PARTICIPANT'S PARTICIPATION IN THE SWEEPSTAKES, THESE OFFICIAL RULES, AND/OR ANY PARTICIPANT'S RECEIPT OF A PRIZE, NO MATTER UNDER WHAT THEORY ARISING, EVEN IF ANY SPONSOR PARTY HAS BEEN ADVISED OF THE POSSIBLY OF SUCH DAMAGES. SPONSOR PARTIES' ENTIRE LIABILITY WITH RESPECT TO: ANY PARTICIPANT'S PARTICIPATION IN THE SWEEPSTAKES, THESE OFFICIAL RULES, AND/OR ANY PARTICIPANT'S RECEIPT OF A PRIZE SHALL BE LIMITED TO $500. SOME JURISDICTIONS MAY NOT ALLOW THE AFOREMENTIONED LIMITATIONS OR EXCLUSIONS OF LIABILITY AND AS SUCH, THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
THIRD PARTY PLATFORMS
If this Sweepstakes is hosted, administered, or operated on a third party platform, including without limitation a social media platform (e.g. Facebook or Twitter) ("Third Party Platform"), then by participating in this Sweepstakes, Participant hereby release and agree to comply with all rules and policies set forth by such Third Party Platform and to hold harmless such Third Party Platform from any and all liability, loss or damages arising from or in connection with the awarding, receipt, and/or use or misuse of prizes or participation in any prize related activities. Unless otherwise stated to the contrary in these Official Rules, this Sweepstakes is not sponsored, endorsed or administered by, or associated with, any Third Party Platform.