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FACEBOOK-CHRISTMAS CONTEST RULES

NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING. Subject to all applicable laws, regulations, and ordinances. VOID WHERE PROHIBITED BY LAW. The TOUS “Facebook Christmas 2017” CONTEST (hereinafter referred to as the “CONTEST”) starts December 18 , 2017 at 0.00 h/12:00 AM and ends December 31, 2017 at 23.59h/11:59 PM (as applicable) in the local time of the participating country (hereinafter the “CONTEST PERIOD”).  SPONSOR’S computer is the official time-keeping device for this CONTEST. This CONTEST is in no way sponsored, administered, endorsed by, or associated with Facebook, Inc., Instagram, Inc., or Twitter, Inc.

 

ONE.- TERRITORIAL AMBIT, TIMING AND PARTICIPANTS

The entity Joyería Tous S.A. (hereafter referred to as “TOUS” or “SPONSOR”), domiciled in Ctra. De Vic, El Guix, 3 08243 Manresa (Barcelona), Spain, will hold a free CONTEST (no purchase necessary), either directly or through TOUS’s local representatives, for all persons of age legally resident in the territory  of United States of America (hereinafter, “PARTICIPATING COUNTRY”).To enter, participants must be the age of majority in their jurisdiction of residence and over the age of eighteen (18) as of December 18, 2017. Employees, officers, and directors of SPONSOR, any company involved in organization or administering the CONTEST, and their respective parents, subsidiaries, affiliates, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfilment, and marketing agencies (collectively, the “PROMOTION ENTITIES”), and members of their immediate families (spouses, parents, siblings and children, regardless of where they live) and those living in the same household are not eligible to enter or win. SPONSOR reserves the right to verify the eligibility of winners. Participation constitutes entrant’s full and unconditional agreement to these OFFICIAL RULES and to SPONSOR’s decisions, which are final and binding in all matters related to the CONTEST.

During the CONTEST PERIOD, the participants must enter to the official Facebook page of Tous Jewelry (@tousjewerly) where they will find three images posts of different jewellery products published. Liking this image / s and answer the question "Who would you give these jewels and why?” in one or more of this images shared on the official Tous Jewelry website. Participants can participate accessing https://www.facebook.com/TousUS/) or using Facebook mobile app.

-       The CONTEST PERIOD, provided the other conditions set out below are met, will be between the 18th December 18, 2017 at 0.00 h/12:00 AM to the 31thDecember 31, 2017 at 23.59h/11:59 PM, (as applicable) in the local time of each country.

On the date specified in clause five of these rules, the winners among all participants who meet the provisions in these rules and regulations that may be applicable and that participated in the CONTEST will be chosen.

TOUS may modify the date of the CONTEST because of force majeure or unforeseeable circumstances. Participants will be informed of the new dates of the CONTEST well in advance through the website www.tous.com, social networks and/or at the participating points of sale. TOUS also reserves the right to modify the conditions of the CONTEST, provided just because exists, and duly inform the participants of these modifications through the website www.tous.com, social networks and/or at the participating points of sale.
 

TWO. - PURPOSE

The purpose of the CONTEST is to encourage sales and generate new fans in Tous Jewellery Facebook official Page.
THREE. - PRIZE

The prizes available to be won in the CONTEST (each referred to as a PRIZE) consist of:

  1. A.     One (1) prize (Prize 1) of one (1) set of THREE (3) Vermeil Tous necklaces. The approximate retail value (“ARV”) of each such PRIZE is US$ 1, 222.00 excluding tax.
  2. B.     One (1) prize (Prize 2) of one (1) set of THREE (3) Vermeil Rose Tous necklaces.  The approximate retail value (“ARV”) of each such PRIZE is US$ 1,537.00 excluding tax.
  3. C.     One (1) prize (Prize 3) of one (1) set of THREE (3) Silver Tous necklaces. The approximate retail value (“ARV”) of each such PRIZE is US$903.00 excluding tax.

There shall be a total number of three (3) prizes to be awarded among the PARTICIPATING COUNTRY.  The total approximate retail value (“ARV”) of all PRIZES to be awarded is US$ 3,662.00 excluding tax[1]. TOUS reserves the right to modify or substitute any of the above prizes with an equivalent prize of similar value and features.

Each Prize must be accepted as awarded. No cash alternatives, substitution or transfers of the prize will be allowed. The amounts indicated are maximum amounts. If the commercial value of the prizes differs from this maximum amount, there will be no additional compensation for the difference to the winners.

TOUS reserves the right to modify any prize for reasons of availability or force majeure; it may be replaced by another of similar value and features.

 

FOUR. - ENTRY MECHANISM

NO PURCHASE NECESSARY. The CONTEST is open to individuals who are older than eighteen (18) years of age and the age of the majority in their jurisdiction of residence and legal residents in their country of residence as of December 18, 2017. Minors are not eligible to participate or win. The identity, country of residence and age of the participants shall be checked by TOUS through any official documents (ID, passports, driving license, etc.).

All participants in the CONTEST will be asked to review the images posts and answer the question “Who would you give these jewels and why?” in an original way and in a manner that best reflects the image associated with the TOUS trademark. In order to participate and in accordance with the present legal rules, the participants must enter online via TOUS Facebook links (https://www.facebook.com/TousUS/) or using Facebook mobile app (@tousjewerly). If you do not have a Facebook account, you can sign up one for free at www.facebook.com.  All entrants will be asked to fill out all required information and respond to the question asked to be eligible to enter and win.

Provided that the participants have fulfilled the requirements described above, the rest of the requirements of these CONTEST rules and the applicable legislation, it will be considered one (1) entry in the CONTEST, the rules of which can be consulted in www.tous.com. By participating in the CONTEST, the participants declare that they have read and accepted these CONTEST rules.

Comments are subject to verification by the SPONSOR or Contest Organizers. Any comment/answer found to be, incomplete, illegible, mutilated, fraudulent, submitted, received or transmitted late, bearing an invalid email address or otherwise non-compliant may be rejected and will not entitle the participant to any entry or prize and may be disqualified from the CONTEST at SPONSOR’s sole and absolute discretion.

TOUS is not responsible for loss, delay, any interruption, temporary lack of availability or continuity of operation, transmission problems, loss of information, fraud, network malfunction, failure of access, communication or response or alteration of connections and/or access to Internet, telephone terminals, computers, tablets or any other devices that are used for activities in order to participate in this CONTEST, for technical or other issues that are not directly attributable to TOUS or that escape its control.

Comments provided an invalid, non-working, or inactive Facebook profile will be disqualified and ineligible to win. TOUS and its agencies are not responsible for lost, late, incomplete, damaged, stolen, misdirected, or illegible entries; lost, interrupted or unavailable network, server, or other connections; or miscommunications, computer or software malfunctions, telephone transmission problems, technical failures, garbled transmissions, or other errors or malfunctions of any kind, whether human, mechanical, electronic or otherwise.  Proof of submission will not be deemed to be proof of receipt by SPONSOR.

The participants can make as many comments in the CONTEST as they wish, provided they fulfil the requirements in these OFFICIAL RULES for each entry into the CONTEST and provided that each response to the question “Who would you give these jewels and why?" is unique and original, which will be determined by SPONSOR in its sole and absolute discretion. The participant can comment one or more published images, as well as comment on the same image several times, being aware that only one comment and photo will be taken into account per user. It is not allowed to share the same Facebook account by several participants.

Potential winners may be required to show proof of being the authorized account holder to the SPONSOR or forfeit the prize. Comments that are incomplete, illegible, corrupted, false, lost, late or misdirected, deceptive or otherwise not in compliance with these OFFICIAL RULES may be disqualified from the CONTEST at SPONSOR’s sole and absolute discretion. All potential winners are subject to verification before any prize will be awarded. Normal Internet access, phone, and usage charges imposed by your online or phone service may apply.

 

FIVE. - WINNER SELECTION

The choice of winners for the PARTICIPATING COUNTRY will take place on January 15, 2018, at 12:00h/12:00 PM CET in the TOUS headquarters at Carretera de Vic, El Guix, 3, Manresa, Barcelona, Spain. There TOUS, by means of an internal jury composed of three (3) employees of TOUS will choose among all the valid comments THREE (3) winning answers, as established in Section 6, based on the following criteria:  originality and trademark TOUS identification criteria. The jury’s decision will be final. 

Having selected the winning answers, the TOUS internal jury will rank another THREE (3) answers from among the rest for each one of the PARTICIPATING COUNTRY, to be considered as a reserve (“Alternate Winner”), should any winner be disqualified due to:

-       Incomplete or incorrect identification of the potential winner;

-       Failure to comply with any of the CONTEST rules by potential winner;

-       Non-acceptance by the potential winner;

-       Impossibility to receive the prize;

-       No reply accepting the prize having been received within the maximum of seven (7) days described in this Rule;

-       Rejection of prize by winner; and/or

-       Any other circumstances whereby the potential winner that was initially chosen is unwilling or unable to accept the prize or is subsequently disqualified from receiving the prize.

When the winning answers have been selected, and in no event within a period of thirty (30) calendar days from selection, TOUS will publish a comment mentioning the potential winners, advising them that they are the winners of the CONTEST and asking them to respond within seven (7) days that they accept the prize in the terms established in Section 10. If a potential Winner cannot be contacted after the first attempt to contact him/her, or if he/she fails to sign any required document within the required time period (if applicable), or in the event that a potential Grand Prize winner is disqualified for any reason, SPONSOR will award the applicable prize to an alternate winner selected in accordance with the selection criteria described above.

The name of the winner will be published on the social media channels of TOUS during the following month after the selection, provided the winners have accepted previously by signing the Prize Acceptance and Release Form in Appendix I (if applicable), according the applicable data protection laws and regulations.

 

SIX.- CONTEST ANSWER CRITERIA

Each participant’s answer on the comments must be an original work authored by the participant (“ANSWER”). Participants MUST NOT copy or otherwise plagiarize from any source. ANSWERS must be written in English.

The ANSWER may not be, as determined at the discretion of TOUS, contrary to the law, morality or public order, nor may it be offensive, hateful, slanderous, libellous, tortious, discriminatory or annoying, it being understood that answers with violent content, pornographic, racist or bad taste, or by any other cause in the view of TOUS which may injure or cause injury to the image of TOUS or third persons, TOUS reserves the right to withdraw and cancel participations containing such answers from the CONTEST. In addition, ANSWERS may not reference third parties, including, but not limited to minors, celebrities, and friends, who have not expressly authorized participant to reference them in the ANSWER. Participant must be prepared to provide a signed third party authorization upon request. ANSWERS must not include mention or performance of any copyrighted media production including, but not limited to, books, articles, photographs, artwork, music etc., or identifying descriptions of any media property. ANSWERS must not contain material that violates or infringes another’s rights, including but not limited to material that violates privacy or publicity.

ANSWERS must comply with applicable community guidelines, terms of use, and any other binding terms on Facebook and/or any social media platform on which it is posted.  Answers that are not received by SPONSOR for any reason will not be eligible and will be disqualified.

 

SEVEN.- SUSPENSION, MODIFICATION OR CANCELLATION OF THE CONTEST

TOUS reserves the right to cancel, suspend and/or modify the Contest, or any part of it, if any fraud, technical failures or any other factor beyond TOUS’ reasonable control impairs the integrity or proper functioning of the CONTEST, as determined by TOUS in its sole discretion.  If, for any reason, the CONTEST cannot be run as planned, TOUS may, in its sole discretion, void any suspect entries and (a) modify the CONTEST or suspend the CONTEST to address the impairment and then resume the CONTEST in a manner that best conforms to the spirit of these OFFICIAL RULES; or (b) terminate the CONTEST and award the prize at random from among the eligible, non-suspect entries received up to the time of the impairment.  TOUS’ failure to enforce any term of these OFFICIAL RULES shall not constitute a waiver of that provision. If, through cause of force majeure, unforeseeable circumstances or reasons outside TOUS’ control, the CONTEST has to be suspended or cancelled, TOUS will be exempt from any obligation of compensation and/or indemnity to the participants, as applicable, who will be duly informed by the same means used to communicate the celebration of the CONTEST. In particular, without limitation, TOUS shall not be liable for early termination or cancellation of the CONTEST (i) by the relevant authorities (including, among others, bodies and security forces) or (ii) by organizers, when required for security or similar reasons or otherwise.

 

EIGHT.- FRAUD

Failure by any participant to the conditions set out in these rules or laws, regulations and ordinances that may be applicable shall result in an automatic cancellation of its participation.

In the event that TOUS or any entity professionally linked to the CONTEST should detect any anomaly or suspect that a participant preventing the normal progress of the CONTEST, including unlawfully altering their registration by any technical or computer procedure in order to falsify the results, it may, unilaterally, disqualify the participant. In this respect it is important to add that TOUS has taken such steps as are thought appropriate to prevent any possible fraudulent, anomalous or unlawful action intended to alter the entry in the CONTEST with the aim of obtaining a PRIZE in an unlawful way. Therefore TOUS reserves the right to eliminate the registration of any participant who is found or suspected to have participated in an irregular action in the sense described, and/or to remove any participant registration found or suspected to have participated in an irregular action in the sense described.

WARNING: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE ASSOCIATED WITH THIS CONTEST OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF U.S. CRIMINAL AND CIVIL LAW, AND, SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO PROSECUTE AND SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.

 

NINE.- CHANGING THE PRIZE

Limit one (1) PRIZE per person/per Facebook profile. PRIZE cannot be substituted, assigned, transferred, or redeemed for cash except without TOUS’ prior written consent. TOUS will not replace any lost or stolen PRIZE or components of a PRIZE. PRIZE cannot be used in conjunction with any other promotion or offer. Only the number of prizes stated in these OFFICIAL RULES is available to be won in the CONTEST. If, by reason of a print or other error, more prizes are claimed than the number set forth in these OFFICIAL RULES, an alternate winner will be selected in accordance with the winner selection method described in these OFFICIAL RULES from among all eligible claimants making purportedly valid claims to award the advertised prize.

 

TEN.- NOTIFICATION TO THE WINNER

TOUS will notify the selected PRIZE winners by making a comment on each of the post images, mentioning the winners through the profile they have used to participate on the CONTEST, so the participants will need to pay attention to this publication. The winners must answer this by email (facebook@tous.com) agreeing to accept the PRIZE within the indicated term of seven (7) days, attaching the acceptance of the prize and release form (included as Appendix I in these legal rules) which TOUS will send to the email indicated, (hereinafter the ACCEPTANCE FORM). Refusal to sign the ACCEPTANCE FORM by the potential winner will mean that the potential winner loses his/her right to obtain the corresponding prize.

TOUS will then contact the potential winner in order to communicate they can collect the PRIZE in a period of thirty (30) calendar days in the nearest TOUS store. If they do not collect the PRIZE in such period, the PRIZE will be automatically declared void and the winners will not be entitled to claim any compensation.

In the event that any of the potential winners, within seven (7) calendar days counting from dispatch of the email with the news of being the CONTEST winners, (i) decline the prize or (ii) do not answer the email to accept it or do not attach the ACCEPTANCE FORM, TOUS will contact and award the applicable prize to an Alternate Winner from the reserve selected as replacement for the winners, in accordance with the selection criteria.

In the case that the Alternate Winners, within seven (7) calendar days counting from dispatch of the email communicating the news of being the CONTEST winners, (i) decline the prize or (ii) do not answer the email and accept it or do not attach the ACCEPTANCE FORM, the prize will automatically be declared void.

POTENTIAL WINNERS ARE SUBJECT TO VERIFICATION BY SPONSOR, WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE CONTEST. AN ENTRANT IS NOT A WINNER OF ANY PRIZE UNLESS AND UNTIL ENTRANT’S ELIGIBILITY HAS BEEN VERIFIED AND ENTRANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE.

 

ELEVEN.- RESTRICTIONS ON PARTICIPATION

The CONTEST may not be entered by the employees, agents, mandataries and representatives of the SPONSOR or  Contest Organizers, of retailers of the Contest Organizers’ products, companies, corporations, trusts, and other legal entities controlled by or related to the above, their advertising and promotions agencies, suppliers of prizes, material and services related to this CONTEST, as well as their immediate family (brothers, sisters, children, father, mother), their legal or common-law spouse, or cohabitation partner, as well as any person with whom they are domiciled.   Minors may not participate.

 

TWELVE.- TAXATION

The PRIZE may be subject to national, state or local taxes. The winners are solely responsible for reporting the PRIZE to the applicable tax authorities, and paying all taxes applicable to the PRIZE, as required by the applicable tax laws, and winners may wish to seek independent legal advice with respect to their tax responsibilities Upon TOUS’ first request, winners will promptly provide TOUS all tax forms, certificates or authorizations as may be necessary under the applicable tax laws.

 

THIRTEEN.- PERSONAL DATA PROCESSING

In compliance with the terms of applicable legislation on personal data protection, including but not limited to Organic Act 15/1999, of 13 December, on Personal Data Protection, and Act 34/2002, of 11 July, on Information Society and Electronic Commerce Services, and other provisions dictated for their implementation, the voluntary sending of personal data (including name, surnames and email) in order to take part in the CONTEST means the participants consent for TOUS, itself or through any company of the TOUS Group or authorized (can be consulted in www.tous.com), to process them by computer for the purpose of carrying out the steps and communications necessary for the correct progress of the CONTEST with which they are concerned. The participants guarantee that all the details given are true.                                                                                                                                                

The company complies with the dues and security measures established in Spanish regulations on the protection of personal data, in accordance with the European Directive, necessary to guarantee the security of the information supplied and prevent its alteration, loss and processing and/or unauthorised access, taking into account the state of the technology, the nature of the data stored and the risks to which they are exposed, whether due to human action or to the physical or natural medium, and undertakes to treat them absolutely confidentially and to use them only and exclusively for the purposes indicated.

 

FOURTEEN.- ACCEPTANCE OF RULES

The participants, through the mere fact of taking part in the CONTEST, accept the present rules and give their consent for their data treatment according Section 13.

Without limiting in any measure the guarantees and rights granted to consumers in the applicable regulations, TOUS reserves the right to take all reasonable steps to resolve difficulties or contingencies arising from the CONTEST, except for its suspension or cancellation, being applicable in such cases Section 8.

 

FIFTEEN.- COPYRIGHT AND USE OF THE ANSWER, NAME AND IMAGE OF THE WINNER

Except where prohibited by Law, by participating in the CONTEST the participants grant TOUS a free, non-exclusive worldwide licence for the maximum lifetime of the rights under applicable law, on all intellectual property rights of the answers that have been submitted regarding the CONTEST (copyright, fixation, distribution, transformation and public communication, including digital editing and at the public disposal of the answers), in any format, including but not limited, print media, radio, television and the Internet (including social media networks and microblogging platforms). TOUS is entitled, but not obliged, to publish and/or disseminate the answers of the participants in the CONTEST. Entrant acknowledges that he/she shall not be entitled to any credit, consideration, notice or payments of any kind. Entrant waives any moral rights he or she may have in the submission, and agrees that if SPONSOR elects to use submission for any purpose, all rights under Copyright or any other Intellectual Property rights which may result from that relating to entrant’s submission or from use of the same by SPONSOR shall be the sole property of SPONSOR. Entrant further agrees that if SPONSOR elects to use entrant's submission, entrant will execute any documents requested by SPONSOR regarding this assignment.

Except where prohibited by law, the winner of the CONTEST grants TOUS, for the purpose of promoting and spreading the word of the CONTEST on all media and advertising products and platforms used by TOUS, to: (i) capture his/her image, voice and/or name; (ii) reproduce and/or fix the before mentioned, in whole or in part, on audio-visual, video graphic, photographic or paper form, among others; and (iii) use for promotional purposes the image of the winner (inclusive image, voice and/or name), through any form and/or support that TOUS deems appropriate (including, but not limited, brochures, newspapers, magazines, books and the Internet), all without geographical, temporary or of any other limitations whatsoever.

The participant, author of the ANSWER, guarantees TOUS that it owns all intellectual property rights to the ANSWER submitted, as well as its image rights. If any use by TOUS of the submission causes it to be liable to any third-party, entrant agrees to indemnify SPONSOR and its agents, employees, affiliates, subsidiaries, representative and all related parties from and against any and all damages, costs, judgments and expenses (including reasonable attorney fees) which it incurs as a result of its use of the submission. In the event that TOUS discovered or suspected plagiarism has occurred, or that rights of third parties have been infringed or the ANSWERS were not designed by the participant who claims to be the author, TOUS reserves the right to remove the said ANSWER.

The authorization conferred shall be free and will not generate any compensation from TOUS to the participants.

 

SIXTEEN.- RESPONSIBILITY/RELEASE AND DISCLAIMER

TOUS will not be responsible for any possible losses, deterioration, theft, delays or any other circumstance imputable to third parties or to Internet, which could affect the running of the CONTEST.

Furthermore, each participant and the selected winner agrees: (a) to be bound by these OFFICIAL RULES and TOUS’ decisions, (b) to release and hold harmless TOUS, Facebook and their  affiliates, subsidiaries, and independent contractors, and their respective directors, officers, employees, agents and representatives including advertising and promotion agencies, from any and all liability for claims/damages including, but not limited to, claims/damages for personal injury or death, or for property damage with respect to acceptance, possession or use or misuse of the PRIZE or participation in the CONTEST.

 

SEVENTEEN.- CONSULTATION OF CONTEST RULES/LIST OF WINNERS

At any time during the duration of the contest, the legal rules will be available and can be consulted by any person at www.tous.com.   For a list of winners, where required by law, email TOUS at tousattcliente@tous.es.

 

JOYERIA TOUS, S.A.


 

 

Appendix I

Acceptance form (United States)

 

Facebook Christmas Contest 2017

Prize Acceptance Form

 

 

Date:  ________________, 2017

 

I, _______________________________________________________, a potential winner of the “Facebook Christmas 2017” Contest (the “Contest”), hereby solemnly swear:

 

I reside at ________________________________________________________________              .

Street                                                      City/Town           State            Zip Code      Country

 

My home phone number where I can be reached is __________________________________________________. 

 

The name of my employer, and the address where I work, is   ________________________________________________________________. ________________________________________________________________.

Street                                                      City/Town                        State            Zip Code

 

My occupation is  ______________________________________________________. 

 

My daytime or business phone number is __________________________________________________________.

 

My Social Security Number or other tax identification number is _____________________.

 

□    My address has changed since entering the Contest.

 

 

1.                Eligibility.

 

I submit this Prize Acceptance Form to Joyería Tous S.A. (“Company”) with the understanding that it will be relied upon in order to determine whether I am entitled to receive the prize which may be awarded to me in the Contest.  If I am eligible according to the Contest Official Rules (the “Official Rules”), and if I return this signed Prize Acceptance Form within seven (7) days of my receipt of the notification that I have been selected as a potential winner, then I may be awarded the prize as described in the Official Rules, a copy of which is attached. 

 

In order for my eligibility to be confirmed, I represent the following:

(a)    I am not an employee of Company or any company involved in organizing or administering the Contest;

 

(b)    I was age 18 or older at the time I entered the Contest.

 

(c)    I am a legal resident of the United States of America.

 

I have read the Official Rules, and I agree to be bound by them.

 

2.               Prize Conditions.

 

There are certain prize conditions and restrictions stated in the Official Rules, which I must agree to as a condition of accepting a prize in the Contest.  Some (but not all) of these important conditions are as follows:

(a)    All federal, state, and local taxes on the value of the prize that I accept are the sole responsibility of me as the prize winner.  Therefore, my Social Security Number or other tax identification number is being provided for tax purposes.

(b)    No substitution of prize is offered, no transfer or assignment of prize to a third party is permitted, and non-cash prizes may not be redeemed for cash value. 

(c)    Failure to return this Prize Acceptance Form by the deadline and/or failure to abide by the Official Rules will result in disqualification. As a result, Company will not have any further obligation to me with respect to the forfeited prize. 

I understand that if I make any false statements herein, I will automatically be disqualified.

I also understand that additional prize details and important terms and conditions may be communicated to me after final verification of my prize-winning status. 

 

3.               Release of Liability.

 

On behalf of myself, my heirs, executor, administrator and assigns, I hereby release and forever discharge Company and its parent companies, affiliates, subsidiaries, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfilment and marketing, and their respective officers, directors, employees, representatives, and agents from and against any and all liability, claims, or actions of any kind whatsoever for injuries, damages, or losses to persons and property that may be sustained directly or indirectly as a result of my receipt, use, or ownership of any prize awarded to me in connection with the Contest, or while traveling to, preparing for, and/or participating in any prize-related activity.

I acknowledge that this Prize Acceptance Form extends and applies to and also covers and includes all unknown, unforeseen, unanticipated, and unsuspected injuries, damages, loss, liability, and the consequences thereof, as well as those now known to exist.  The provisions of any Federal, state, local, or territorial law or statute providing in substance that releases shall not extend to claims, demands, injuries, or damages that are unknown or unsuspected to exist at the time, to the person(s) executing such releases, are expressly waived. 

 

4.               Publicity Release.

                                                                                   

I grant Company and its parent companies, affiliates, subsidiaries, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfilment and marketing, and their respective officers, directors, employees, representatives, and agents, the absolute right and permission to copyright and use, publish, reproduce, distribute, or otherwise use my name, city and state of residence, biographical information, any still or moving photographs or sound recordings of me, or any portion thereof (“Likeness”) for advertising and promotional purposes, in such manner and with such frequency as they shall determine in their sole discretion, in all media, now know or hereafter developed, and territories, without further compensation or consideration (where permitted) and without further notice to or authorization.  I waive all rights of inspection or approval with regard to any recording, taping, reproduction, proposed printed, audio, or video publication, and/or other use of my Likeness for advertising and promotional purposes.

I also hereby release, discharge, and agree to hold harmless Company and its parent companies, affiliates, subsidiaries, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfilment and marketing, and their respective officers, directors, employees, representatives, and agents, from and against any and all liability resulting from their use of my Likeness.

 

5.               Use and Assignment of Intellectual Property Rights for the Entry; Indemnification.

                                                                                   

I grant the Company the right to edit, exploit, modify, publish, reproduce, use, disclose, disseminate, and distribute my Entry, any testimonial I produce as part of any prize, and any other materials I submit or create in connection with this Contest (“Materials”) to others without limitation in any and all media now known, or hereafter developed, throughout the world in perpetuity for any purpose without compensation, permission or notification to me or anyone else.  I hereby grant the Company a free, irrevocable, worldwide, non-exclusive license, for the maximum lifetime of the rights under applicable law, to edit, exploit, publish, reproduce, use, disclose, disseminate, and distribute the Materials in any form or format and to modify the same, and I acknowledge and agree that if the Company does use the Materials, I shall not be entitled to any credit, consideration, notice, or payments of any kind.  I hereby waive any moral right I may have to the Materials, and I agree that if the Company elects to use the Materials for any purpose, all rights under copyright or other intellectual property rights that may result from the Materials or from use of the same by the Company shall be the sole property of the Company.

I agree that if any use by the Company of my Entry causes it to be liable to any third-party, I shall indemnify the Company and its agents, employees, affiliates, subsidiaries, representatives, and all related parties from and against any and all damages, costs, judgments, and expenses (including reasonable attorneys’ fees) that it incurs as a result of its use of the Materials.

I acknowledge that, with respect to any claim by me relating to or arising out of the Company’s actual or alleged exploitation or use of any Materials, the damage, if any, thereby caused to me will not be irreparable or otherwise sufficient to entitle me to seek injunctive or other equitable relief or in any way enjoin the production, distribution, exhibition or other exploitation of the Materials, and my rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law.

                                                                                                                                                                                

6.               Return of Prize Acceptance Form.

 

Finally, I understand that any prize to which I may be entitled may be forfeited if any statement made herein is false or if this Prize Acceptance Form is not returned within seven (7) days of notification to the attention of: 

[Insert Name]

[Insert Address]

Please send the Prize Acceptance Form to the above name and address via U.S. mail, overnight mail service, or courier.

 

7.               Signature.

 

Signature of Potential Prize Winner

 

Date:_________________________

 

 

Appendix II

Description of the prizes

 

 

The prizes available to be won in the CONTEST (each referred to as a PRIZE) consist of:

 

  1. A.      One (1) prize (Prize 1) of one (1) set of THREE (3) Vermeil Tous necklaces. The approximate retail value (“ARV”) of each such PRIZE is US$ 1,222.00 excluding tax.

 

  • The set is composed of:

·    A necklace (necklace 1) reference 712322510 valued at  455.00 USD ($ )

·    A necklace (necklace 2) composed of three (3) pieces, valued at  318.00 USD ($):

·    Reference 712324520 valued 119.00 USD ($).

·    Reference 712334570 valued 89.00 USD ($).

·    Reference 311902910 valued 110.00 USD ($).

·    A necklace (necklace 3) composed of four (4) pieces, valued 449.00 USD ($):

·    Reference 712342560 valued 119.00 USD ($).

·    Reference 712324530 valued 110.00 USD ($).

·    Reference 712364600 valued 175.00 USD ($).

·    Reference 711906520 valued 45.00 USD ($).

 

  1. B.      One (1) prize (Prize 2) of one (1) set of THREE (3) Vermeil Rose Tous necklaces.  The approximate retail value (“ARV”) of each such PRIZE is US$ 1,537.00 excluding tax.
  • The set is composed of:

·    A necklace (necklace 1) consisting of two (2) pieces, valued 358.00 USD($):

·    Reference 712342550 valued 179.00 USD ($).

·    Reference 712334620 valued 179.00 USD ($).

·    A necklace (necklace 2) composed of three (3) pieces, valued 554.00 USD($):

·    Reference 712342590 valued 355.00 USD ($).

·    Reference 712334600 valued 89.00 USD ($).

·    Reference 712334650 valued 110.00 USD ($).

 

  • A necklace (necklace 3) composed of three (3) pieces, valued 625, 00 USD ($)
    • Reference 712324500 valued 125.00 USD ($).
    • Reference 712342600 valued 355.00 USD ($).
    • Reference 712334630 valued 145.00 USD ($).

 

  1. C.      One (1) prize (Prize 3) of one (1) set of THREE (3) Silver Tous necklaces. The approximate retail value (“ARV”) of each such PRIZE is US$903.00 excluding tax.
  • The set is composed of:
  • A necklace (necklace 1) composed of three (3) pieces, valued 494.00 USD ($):
    • Reference 712342580 valued 320.00 USD ($).
    • Reference 712164520 valued 139.00 USD ($).
    • Reference 711906510 valued 35.00 USD ($).

 

  • A necklace (necklace 2) composed of three (3) pieces, valued 200, 00 USD($):
    • Reference 712342500 valued 72.00 USD ($).
    • Reference 712324580 valued 89.00 USD ($).
    • Reference 712314630 valued 39.00 USD ($).

 

·    A necklace (necklace 3) composed of two (2) pieces, valued 209.00 USD ($):

  • Reference 712324570 valued 110.00 USD ($).

Reference 71232520 valued 99.00 USD ($).



[1] The reference and specific prices of all the prizes mentioned above are included in Appendix II.

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