Giveaway Terms and Conditions
GIVEAWAY TERMS & CONDITIONS
Last updated: July 11, 2016
Please review the following terms and conditions before entering a contest or giveaway hosted by Kimber Dawn Co. We reserve the right to change these terms at any time, and by entering our giveaway you acknowledge that you agree to abide by the most recent version. Do not participate if you do not agree to the following terms and conditions.
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE THE CHANCES OF WINNING.
Eligibility: All Kimber Dawn Co giveaways are only open to those who are 18 years or older as of the date of entry. Kimber Dawn Co giveaways are only open to legal residents of the United States, and are void where prohibited unless otherwise stated.
Agreement to Rules: By participating, you agree to be fully unconditionally bound by these rules and you represent and warrant that you meet the eligibility requirements. In addition, you agree to accept the decision of Kimber Dawn Co as final and binding as it relates to the content of Kimber Dawn Co hosted giveaways.
How to Enter: Entry methods will vary. All entries must fulfill contest/giveaway requirements as outlined in the contest/giveaway announcement. Entries that are incomplete or do not adhere to the rules or specifications may be disqualified at the sole discretion of Kimber Dawn Co. Entries may not include nudity, profanity, hate speech, bullying, ethnic discrimination, or any third party trademarks, logos, or brand names.
Prizes: Winner(s) will receive the prize outlined in the contest/giveaway announcement. We reserve the right to substitute prizes if necessary. Actual/appraised value may differ at time of prize award. The specifics of the prize shall be solely determined by Kimber Dawn Co. No cash or other prize substitution shall be permitted except at Dawn Nicole Design’s discretion. The prize is nontransferable. Any and all prize-related expenses, including without limitation, any and all federal, state, and/or local taxes, shall be the sole responsibility of the winner.
Odds: The odds of winning depend on the number of eligible entries received.
Winner Selection and Notification: Winner will typically be chosen at random using a random number generator. If another method of winner selection is to be used, that selection method will be clearly outlined in the submission requirements for that contest/giveaway. Winner will be notified within five (5) days following selection. Kimber Dawn Co shall have no liability for winner’s failure to receive notices due to spam, junk e-mail, or other security settings or for winner’s provision of incorrect or otherwise non-functioning contact information. If winner cannot be contacted, is ineligible, fails to claim the prize within three (3) days from the time award notification was sent, the prize may be forfeited and an alternate winner selected. Receipt by winner of the prize offered is conditioned upon compliance with any and all federal, state, and local laws and regulations. ANY VIOLATION OF THESE OFFICIAL RULES BY WINNER (AT DAWN NIOLE DESIGNS’S SOLE DISCRETION) WILL RESULT IN WINNER’S DISQUALIFICATION AS WINNER OF THE CONTEST/GIVEAWAY, AND ALL PRIVILEGES AS WINNER WILL BE IMMEDIATELY TERMINATED.
Rights Granted by You: By submitting content to a Kimber Dawn Co giveaway (e.g., photo, video, text, etc.), you understand and agree that Kimber Dawn Co shall have the right, where permitted by law, to print, publish, broadcast, distribute, and use in any media now known or hereafter developed, in perpetuity and throughout the world, without limitation, your entry, name, portrait, picture, voice, likeness, image, statements about the contest/giveaway, and biographical information for news, publicity, information, trade, advertising, public relations, and promotional purposes – without any further compensation, notice, review, or consent. By submitting content, you represent and warrant that your entry is an original work of authorship and does not violate any third party’s proprietary or intellectual property rights. If your entry infringes upon the intellectual property right of another, you will be disqualified at the sole discretion of Kimber Dawn CO. If the content of your entry is claimed to constitute infringement of any proprietary or intellectual property rights of any third party, you shall, at your sole expense, defend or settle against such claims. You shall indemnify, defend and hold harmless Kimber Dawn Co from and against any suit, proceeding, claims, liability, loss, damage, costs or expense which Kimber Dawn Co may incur, suffer, or be required to pay arising out of such infringement or suspected infringement of any third party’s right.
Terms & Conditions: Kimber Dawn Co reserves the right, in its sole discretion to cancel, terminate, modify or suspend any contest/giveaway should virus, bug, non-authorized human intervention, fraud, or other cause beyond Kimber Dawn Co’s control corrupt or affect the administration, security, fairness, or proper conduct of the contest/giveaway. In such case, Kimber Dawn Co may select the winner from all eligible entries received prior to and/or after (if appropriate) the action taken by Kimber Dawn Co. Kimber Dawn Co reserves the right, in its sole discretion, to disqualify any individual who tampers or attempts to tamper with the entry process or the operation of the campaign or website or violates these Terms & Conditions. Kimber Dawn Co has the right, in its sole discretion, to maintain the integrity of the contest/giveaway, to void votes for any reason, including but not limited to: multiple entries from the same user from different IP addresses; multiple entries from the same computer in excess of that allowed by contest/giveaway rules; or the use of bots, macros, scripts, or other technical means for entering. Any attempt by an entrant to deliberately damage any website or undermine the legitimate operation of the contest/giveaway may be a violation of criminal and civil laws. Should such attempt be made, Kimber Dawn Co reserves the right to seek damages to the fullest extent permitted by law.
Limitation of Liability: By entering, you agree to release and hold harmless Kimber Dawn Co and its subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, officers, and directors from any liability, loss, litigation, claim or damage that may occur, directly or indirectly, whether caused by negligence or not, from: (i) such entrant’s participation in the contest/giveaway and/or his/her acceptance, possession, use or misuse of any prize or portion thereof; (ii) technical failures of any kind, including but not limited to the malfunction of any computer, cable, network, hardware or software, or other mechanical equipment; (iii) the unavailability or inaccessibility of any transmissions, telephone or Internet service; (iv) unauthorized human intervention in any part of the entry process or the promotion; (v) electronic or human error in the administration of the promotion or processing of entries.
Disputes: All Kimber Dawn Cos contests/giveaways are governed by the laws of the United States of America and Dawn Warnaar’s current state of residence, without respect to conflict of law doctrines. As a condition of participating in any Kimber Dawn Co contest/giveaway, participant agrees that any and all disputes that cannot be resolved between the parties, and causes of action arising out of or connected with a contest/giveaway, shall be resolved individually, without resort to any form of class action, exclusively before a court located in Dawn Warnaar’s current State of Residence having jurisdiction. Further, in any such dispute, under no circumstances shall participant be permitted to obtain awards for, and hereby waives all rights to, punitive, incidental, or consequential damages, including reasonable attorney’s fees, other than participant’s actual out-of-pocket expenses (i.e. costs associated with entering the contest/giveaway). Participant further waives all rights to have damages multiplied or increased.
Privacy: Kimber Dawn Co will not share your private information with any third party or publicly. The only information that will be shared is your name and/or social media handle at time of winner announcement or in any subsequent sharing of your original work submitted.
Social Media: By participating in this promotion you acknowledge that this is in no way sponsored, endorsed or administered by, or associated with, Instagram, Facebook, Pinterest or YouTube. You completely release Instagram, Facebook, Pinterest or YouTube of responsibility regarding the outcome of any promotion..