LW ANGEL ENCOUNTERS SWEEPSTAKES
OFFICIAL RULES (“Official Rules”)
NO PURCHASE OR PAYMENT NECESSARY TO PARTICIPATE. VOID WHERE PROHIBITED BY LAW.
1. PROMOTION DESCRIPTION. The “LW Angel Encounters Sweepstakes” (the “Promotion”) begins at 3:00 pm Pacific Standard Time (“PST”) on Monday, December 10, 2018, and ends at 8:00 pm PST on Sunday, December 16, 2018 (“Promotion Period”). The sponsor of this Promotion is LightWorkers Media OTT, LLC, 100 Corporate Pointe, Suite 100, Culver City, CA 90230 (“LightWorkers” or “Sponsor”).
3. GRANT OF RIGHTS. By participating in the Promotion, you represent and warrant that you have the full authority to grant, and you hereby grant to, Sponsor, and any of Sponsor’s assignee(s ) or designee(s), the permission and rights to use your post, including without limitation, any and all elements therein (including, without limitation, naming and/or describing any person(s) or third party/ies therein, each, in the manner you have described, for any production, broadcast, distribution, exhibition, advertising, marketing and promotion of such post (including without limitation, any portion thereof) throughout the universe, in any and all manners or media, now known or hereafter devised, and in an unlimited number of times in perpetuity, on a royalty-free basis, and that no one else’s permission, consent, credit, compensation or any other consideration is required with respect to Sponsor’s use of any or all of the elements in the post or the rights granted to Sponsor herein.
4. ELIGIBILITY. Promotion is open only to legal residents of the United States who are physically located and residing therein. Each participant (“Participant”) must be at least thirteen years of age at the time of entry. Each Participant must be the rightful owner (or have authorized use) of the account used to post in the manner described above. All accepted posts are at the sole discretion of Sponsor. Multiple posts from the same user will count as one. Employees, shareholders, officers, directors, agents, and representatives of Sponsor and its parent companies, affiliates, divisions, subsidiaries, agents, representatives and promotion, and advertising agencies are not eligible to participate in the Promotion. Immediate Family Members and Household Members of such individuals are also not eligible to participate. For purposes of the Promotion, “Household Members” shall mean those people who share the same residence at least three months a year and “Immediate Family Members” shall mean parents, step-parents, legal guardians, children, step-children, siblings, step-siblings, or spouses. If entries exceed the entry limitations, the Participant may be disqualified, at Sponsor’s sole discretion. Entries generated by a script, macro or other automated means will be disqualified. Incomplete, unreadable, or unintelligible entries may be disqualified. NO OTHER METHOD OF SUBMISSION WILL BE ACCEPTED. Participation in the Promotion constitutes Participant’s understanding of, full and unconditional agreement to, and acceptance of these Official Rules. Sponsor reserves the right to disqualify any Participant that Sponsor determines to be in violation of any term contained in these Official Rules. Sponsor’s decision not to enforce a specific provision of these Official Rules does not constitute a waiver of that provision or of the Official Rules generally. Normal internet access and usage charges imposed by your online service will apply. If you participate from your mobile phone, such activity will be subject to the charges pursuant to your wireless service provider’s rate plan. Please consult your wireless service provider for more information. Participants are solely responsible for any related equipment, application, and internet access charges if any. Sponsor is not responsible for any unauthorized third-party use of any post. Promotion is void where prohibited or restricted by law. All federal, state and local laws and regulations apply. Sponsor may prohibit you from participating in the Promotion or winning a prize if, in its sole discretion, it determines you are attempting to undermine the legitimate operation of the Promotion by cheating, hacking, deception, or any other unfair playing practices or intending to annoy, abuse, threaten or harass any other participants or Sponsor’s representatives or any of the Released Parties.
5. PRIZE. One (1) necklace featuring one (1) pair of angel wings charms in sterling silver and plated in white rhodium, on a sixteen-inch (16”) sterling silver chain that is also plated in white rhodium (the “Prize”), which is made by Baby Doll Gems, LLC and offered by Sponsor hereunder, each and all, subject to the terms and conditions of these Official Rules. Sponsor will give away one (1) Prize total. The approximate retail value of each Prize is $250.00. ALL FEDERAL, STATE AND LOCAL TAXES AND ANY OTHER COSTS AND EXPENSES, ASSOCIATED WITH THE RECEIPT OR USE OF THE PRIZE ARE THE SOLE RESPONSIBILITY OF THE WINNER. An IRS Form 1099 may be issued in the name of the winner for the actual value of the Prize received. If a Prize cannot be awarded due to circumstances beyond the control of Sponsor, a substitute prize of equal or greater retail value will be awarded; provided, however, that if Prizes are awarded but unclaimed/forfeited by recipient, the Prize may not be re-awarded, in Sponsor’s sole discretion. Other restrictions may apply. Limit one (1) Prize per household. The Prize is a sterling silver necklace that is plated in rhodium, that should only be worn by individuals who do not have allergies to such metals. The necklace is solely offered for a jewelry/fashion accessory use by adults and not for any use by minors. The Prize and all portions of the Prize are awarded WITHOUT WARRANTY OF ANY KIND, express or implied, without limitation.
6. ODDS. Odds of winning depend on the number of eligible entries received during the Promotion Period.
7. WINNER SELECTION AND NOTIFICATION: The potential winner will be selected in a random drawing conducted by Sponsor from all eligible entries on or about December 17, 2018. The potential winner will be notified by direct message on Instagram on December 17, 2018. PARTICIPANT MUST BE A FOLLOWER OF LIGHTWORKERS AND A FOLLOWER OF BABY DOLL GEMS AND BE ABLE TO RECEIVE DIRECT MESSAGES FROM LIGHTWORKERS IN ORDER TO BE CONTACTED AS A POTENTIAL WINNER. A winning Participant will have three (3) days after the first attempted notification to respond; if such Participant does not respond within three (3) days, an alternate winner will be chosen. TIME WILL BE OF THE ESSENCE IN AWARDING THIS PRIZE. The failure to respond timely to the notification may result in forfeiture of the Prize and Sponsor will randomly select an alternate winner from the remaining eligible entries. Potential Winner will be required to verify address and, unless prohibited by law, may be asked to complete, sign and return a publicity release and other legal documents as may be required by Sponsor in its sole discretion (collectively, the “Prize Claim Documents”) covering eligibility, liability, advertising, publicity and media appearance issues. Failure to return the Prize Claim Documents within the specified time period may result in forfeiture of the Prize and selection of an alternate winner from the remaining eligible entries for that Prize. If such Prize Claim Documents are required, a Prize will not be awarded/fulfilled until all such properly executed documents are returned. Sponsor, in its sole discretion, will attempt to contact up to three (3) potential winners of the Prize in accordance with the above procedure, after which the Prize in question may go unawarded if it remains unclaimed. Sponsor reserves the right to disqualify anyone not fully complying with the Official Rules.
8. RELEASES. By participating in this Promotion, you hereby agree to release Sponsor, Instagram, Baby Doll Gems, LLC, and each of their respective affiliates, equity owners, related parties, advertisers, and sponsors, and each of its and their respective officers, directors, employees, contractors, agents, licensors, service providers, suppliers, parents, subsidiaries, equity owners, successors and assigns and other representatives (collectively, the “Released Parties”) from, any and all costs, injuries, losses or damages of any kind, including, without limitation, death and bodily injury, due in whole or in part, directly or indirectly, to participation in the Promotion, including, without limitation, acceptance of any Prize(s). Each Participant authorizes Sponsor to use his/her name, voice, likeness, biographical data, city and state of residence and entry materials in programming or promotional material, worldwide in perpetuity, or on a winner’s list, if applicable, without further compensation unless prohibited by law. Sponsor is not obligated to use any of the above-mentioned information or materials, but may do so and may edit such information or materials at Sponsor’s sole discretion without further obligation, compensation or notice to you.
9. ARBITRATION/CHOICE OF LAW. As part of these Official Rules, you and Sponsor each agree as follows (the “Arbitration Agreement”): Any claim or controversy arising out of or relating to this Promotion (including the arbitrability of any claim or controversy) shall be resolved by binding arbitration in accordance with the Federal Arbitration Act. The parties waive their rights to file suit in court to assert any allegation, claim, or cause of action against the other, or to have a jury trial on any allegation, claim, or cause of action and any right to do so (including the right to a jury trial) is hereby waived. Notwithstanding the foregoing, you and Sponsor retain the right to seek remedies in small claims court for disputes or claims within that court’s jurisdiction, and Sponsor retains the right to apply to a court of competent jurisdiction for provisional or conservatory relief, including pre-arbitral attachments or injunctions, and to adjudicate disputes relating to the infringement or misappropriation of intellectual property. Any claim or controversy arising out of or relating to the Promotion or this Arbitration Agreement shall be governed by the procedural and substantive laws of the State of California, without reference to choice-of-law rules and must be commenced within two (2) years after such claim or controversy arose. The arbitration will be administered by JAMS pursuant to its Streamlined Arbitration Rules & Procedures then in effect. The arbitration shall be presided over by a single arbitrator in Los Angeles County, California. In the event this venue will cause undue hardship to you, then, the discretion of the arbitrator, the arbitration will be conducted solely on the basis of documents submitted, with the parties participating through telephonic or video conference hearings, or at a location reasonably convenient to the parties in the state in which you reside at the time the arbitration is commenced, provided that it is within the continental U.S. To the extent that any of the foregoing provisions are inconsistent with JAMS applicable standards then in effect, such JAMS rules shall apply. Claims subject to this Arbitration Agreement may not be arbitrated on a class or representative basis and you will not be able to participate in an arbitration as a representative or member of any class of claimants pertaining to that claim. All aspects of the arbitration and award shall be confidential, except to the extent disclosure is necessary in connection with an application to a court for a preliminary or permanent injunction, a petition to confirm or vacate an award, to obtain legal or other professional advice necessary for the protection of a party’s rights, or as required by law or judicial decision. Subject to you demonstrating that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of the fees charged to you by JAMS as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive to you. The arbitrator will not have authority to award punitive or exemplary damages, and the parties waive any right to recover such damages. As part of the award, the prevailing party shall be awarded its costs, including arbitration fees, expert witness fees, if any, and reasonable attorney’s fees. If any portion of this Arbitration Agreement is found to be invalid, illegal or unenforceable, for any reason, that specific portion shall be severed from the rest, but such severance shall not affect the enforceability of the remainder of these Official Rules. No waiver of any provision of this Arbitration Agreement will be effective or enforceable unless recorded in a writing signed by the party waiving the provision, and any such waiver shall not waive or affect any other provision of these Official Rules. THE FOREGOING PROVISIONS LIMIT CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN THE JAMS RULES AND THESE DISPUTE RESOLUTION TERMS, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF; PROVIDED THAT NOTHING HEREIN WILL RESTRAIN A CALIFORNIA RESIDENT’S RIGHT, IF ANY, TO SEEK PUBLIC INJUNCTIVE RELIEF AS PERMITTED BY LAW. OTHER RIGHTS THAT YOU WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION. BOTH YOU AND SPONSOR WAIVE THE RIGHT TO BRING ANY CONTROVERSY, CLAIM OR DISPUTE ARISING OUT OF OR RELATING IN ANY WAY TO THIS PROMOTION AS A CLASS, CONSOLIDATED, REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY GENERAL ACTION, OR TO PARTICIPATE IN A CLASS, CONSOLIDATED, REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY GENERAL ACTION REGARDING ANY SUCH CLAIM BROUGHT BY ANYONE ELSE.
10. INDEMNITY. Participant shall indemnify, defend and hold harmless the Released Parties from and against any and all claims, damages, actions, liability, loss, injury or expense, including reasonable attorneys’ fees and costs, arising out of or in connection with participation in the Promotion, including, without limitation, acceptance of any Prize(s).V
12. WINNER LIST/OFFICIAL RULES. To obtain a copy of the winner list or a copy of these Official Rules, send your request along with a stamped, self-addressed envelope to the LW Angel Encounters Sweepstakes Winner List/Rules, 100 Corporate Pointe, Suite 100, Culver City, CA 90230. Requests for the winner list/rules must be received no later than January 7, 2019. Vermont residents may omit return postage.
13. DISCLAIMER. This Promotion is in no way sponsored, endorsed or administered by, or associated with, Instagram.
© LightWorkers Media OTT, LLC