Official Roseate Inc. Product Giveaway Terms and Conditions
Official Giveaway Rules, Terms and Conditions.
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.ALL STATE, FEDERAL, LOCAL, AND MUNICIPAL LAWS APPLY. VOID WHERE PROHIBITED BY LAW.
Sponsor:
Roseate, Inc., a Delaware corporation located at 343 Bleeker Street, New York, NY 10014.
Eligibility:
The Roseate, Inc. (hereafter “Company”) Giveaway is strictly limited to permanent legal residents of the continental United States and Washington, D.C. (excluding all other U.S. and foreign territories and possessions) who are at least 18 years of age and are physically located and residing there. Participants represent and warrant that they meet all of the following requirements as of the moment their entry into this Giveaway is complete: (a) they are 18 years of age or older and at least the age of majority in their state of residence; (b) they have Internet access; (c) they possess a social security number, or federal tax identification number issued by the appropriate government agency; (d) they have carefully read and reviewed prior to agreeing to, and agreed to as instructed, these Official Giveaway Rules; and (e) they have an active Instagram account (this is free to download). Those ineligible to enter include the Company and its affiliates, their respective directors, officers, employees, or agents, and other persons/entities involved or directly associated in the development, handling, production, implementation, and distribution of the Giveaway (collectively “Company Entities”) and/or members of their immediate families and/or persons living in the same household as such persons.
How to Enter:
Participants can enter the contest by completing the following steps:
- Submit your email below to the contest portal
- Follow @roseatejewelry on Instagram
- You may enter once through 4/26/24 at 11:59 pm Eastern Daylight Time.
Alternatively, participants may enter the contest by sending a postcard with their name, address, and email address to 69 Fifth Avenue, #17-G, NY, NY 10003. Postcard entries must be received by May 1, 2024to be considered.
To enter the Giveaway, you must follow and complete all the steps as instructed in the applicable Giveaway Post in which a link to these Official Rules will appear (Giveaway entry is hereafter “Submission”). The Submission must be completed during the entry period specified in the applicable Giveaway Post (“Entry Period”). By completing a Submission, you are acknowledging and agreeing that: (a) Company can use your Submission in connection with this Giveaway, including its advertising, and/or its terms of use located on its websites; (b) Company may use any personally identifiable information collected in connection with the Giveaway consistent with Company’s online privacy policy and applicable law; and (c) you unconditionally accept and have complied with all Official Rules.
By entering the Giveaway, entrants agree to comply with these Official Rules including all eligibility requirements. Once you complete a Submission, you will be entered into the Giveaway. However, any Submission that does not comply with these Official Rules will be disqualified and will not be eligible for entry. Any attempted form of entry into the Giveaway other than as described herein is void. Company reserves the right to verify eligibility of all entrants. Illegible and/or incomplete entries and entries submitted by entrants that fail to meet the eligibility requirements (including all requirements with respect to age and residence) are void.
There is a limit of one entry per household, per Giveaway, regardless of method of entry. Multiple entries submitted for the Giveaway will only count as one entry and will not qualify as an entry for any other Giveaway past or future. Any attempt by an entrant to obtain more than the allowable number of entries by using more than one Instagram account will void all that entrant’s entries. Any person attempting to defraud Company or tamper with the Giveaway in any way will not be eligible for the Prize. Company is not responsible for lost, late, or misdirected entries, for technical, hardware or software failures of any kind, for lost or unavailable network connections, or for failed, incomplete, garbled or delayed computer transmissions or any human error which may occur in the receipt or processing of the entries. Any proof of entry does not constitute proof of delivery or Company’s receipt of the entry. Company reserves the right to modify scheduling of the Giveaway and do so without prior notification. In the event of a dispute regarding the identity of the entrant, the entry will be deemed to be submitted by the person in whose name the Instagram account was registered on the date the entry is submitted.
Prize:
The number and description of Prizes awarded for each Giveaway, including the approximate retail value (“ARV”) of the Prize will be specified in the applicable Giveaway Post. This will be an 18 karat rose gold Unity Wand pendant with an ARV of $1,400. No substitution, transfer, refunds, or cash equivalent for the Prize of component of the prize permitted. The ARV of the Prize represents Company’s good faith determination. It cannot be challenged or appealed. In the event the ARV of the Prize or component is more than the actual retail value or fair market value of the Prize or component, the difference will not be awarded in cash or otherwise. Should the Winner forfeit the Prize the forfeiture will serve as complete fulfillment of the obligation by Company. No additional compensation will be awarded. Winner is responsible for all costs, any incidentals, and any other expenses not specifically mentioned as being included. Federal, state, local or other taxes may apply and are the sole responsibility of Winner. Winner may receive an IRS Form 1099-MISC from Company for the total ARV of the Prize for the Entry Period, and may also be required to sign, have notarized and return an Affidavit of Eligibility, a Liability Release, a Publicity Release, IRS Form W-9, and/or any other documentation that Company may require, within 5 days after receipt of such Documentation or such winner may be disqualified and an alternate Potential Winner may be selected from among the remaining entrants at Company’s sole discretion.
THE PRIZE IS AWARDED “AS IS” NOT SUBJECT TO RETURNS OR EXCHANGES, AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED (INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSES). PRIZE AWARD DOES NOT INCLUDE SERVICING OF THE ITEM. ACCEPTANCE, PARTICIPATION IN AND/OR USE OF THE PRIZE ARE AT THE WINNER’S SOLE RISK, AND COMPANY IS NOT RESPONSIBLE FOR DAMAGES WHATSOEVER, INCLUDING SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE USE AND/OR MISUSE OF THE PRIZE.
It is possible that some legal jurisdictions may not allow the limitations or exclusion of liability for incidental or consequential damages or exclusion of implied warranties and therefore some of the above limitations or exclusions may not apply to you. You are advised to check your local laws for any restrictions or limitations regarding these limitations or exclusions.
Winner Selection:
Company or its designee will select potential winners (each, a “Potential Winner”) within 10 business days following the Entry Period. This selection will be from a random drawing from among all Submissions validly received by Company during the Entry Period. Company will attempt to notify a Potential Winner via private message to the Instagram account used in the Submission. To claim the prize a Potential Winner must respond to Company within 48 hours of Company’s first notification attempt. If a Potential Winner does not respond to Company within 48 hours of Company’s first notification attempt, then he or she will be disqualified, and Company may, but is not required to, select an alternate Potential Winner at random from the remaining eligible entries.
The odds of winning are dependent on number of entries validly received. Making a purchase will not increase your odds of winning. Company’s decisions are final on all matters relating to the Giveaway, and each entrant agrees to be bound by and not challenge the final decisions of Company. Company shall have no liability in the event of failed notification attempts or those that are lost, stolen, undeliverable, intercepted, or not received by a Potential Winner or an alternate Potential Winner for any reason. A Potential Winner who receives the Prize is then known as the “Winner.” Company reserves the right, in its sole discretion, to select no Winner for the Giveaway in the event that a insufficient number of eligible and complete entries are received.
Publicity:
By participating in the Giveaway and accepting the Prize, you are granting Company permission to use your name, photograph, image, likeness, voice, biographical information, statement, and complete address for commercial, advertising and publicity purposes worldwide and in all forms of media now known or hereafter devised, in perpetuity, without notice, review or approval and without further compensation (except where prohibited by law). You release the Company from all claims arising out of the use thereof.
Privacy:
By entering the contest, participants agree that their personal data may be collected, stored, and used by Company in accordance with its privacy policy for the purpose of administering the contest and sending promotional emails, including participant’s email addresses.
General Conditions and Disclaimers
This Giveaway is subject to all applicable federal, state, provincial, and local laws as well as these Official Rules. By participating in the Giveaway, each entrant: (a) agrees to waive any right to claim any ambiguity or error in these Official Rules or the selection procedures or the Giveaway itself; (b) agrees to be bound by these Official Rules and decisions of Company whose decisions are binding and final; and (c) agrees to the provisions stated in these Official Rules and compliance with these Official Rules. Participant’s ability to win is contingent on being compliant with these official rules. If the Giveaway is not capable of running as planned for any reason whatsoever, including infection due to computer virus, bugs, tampering, unauthorized intervention, fraud, technical failure, human error or any other causes beyond Company’s control that corrupt or affect the administration, security, fairness or proper conduct of the Giveaway, Company cam disqualify any entrant it finds who tampers with the entry process or operation of the Giveaway or website, and to cancel, terminate, modify, or suspend the Giveaway without notice. Company is not responsible for any error, omission, interruption, deletion, defect or delay in operation or transmission, communications line failure, problems or technical malfunctions of any computer online systems, servers, or providers, computer equipment, software, failure of any e-mail or entry to be received by Company regardless of cause including human error, technical problems or traffic congestion on the Internet or at any website, theft or destruction, or unauthorized access to, or tampering with or hacking of any website, any combination thereof, or otherwise, including any injury or damage to any entrant’s or any other person’s computer/phone related to or resulting from an entrant’s participation in the Giveaway. The failure of Company to comply with any provision of these Official Rules because of an act of third-party delivery services, God, hurricane, war, fire, riot, earthquake, terrorism, act of public enemies, actions of governmental authorities outside of the control of the Company or other force majeure event will not be considered a breach of these Official Rules.
BY PARTICIPATING IN THE GIVEAWAY, YOU AGREE THAT THE COMPANY AND ITS RELATED ENTITIES AND AFFILIATES SHALL HAVE NO RESPONSIBILITY OR LIABILITY IN CONNECTION WITH THE GIVEAWAY (INCLUDING, BUT NOT LIMITED TO, MISPRINTED OR TYPOGRAPHICAL ERRORS ON ANY GIVEAWAY POST), INCLUDING PARTICIPATION, ACCEPTANCE/POSSESSION AND/OR USE OR MISUSE, AND/OR DEFECT OF THE PRIZE, EVEN IF CAUSED BY THE NEGLIGENCE OF THE COMPANY OR SAID ENTITIES OR AFFILATES. BY PARTICIPATING YOU HEREBY ACKNOWLEDGE THAT COMPANY ENTITIES HAVE NEITHER MADE NOR ARE IN ANY MANNER RESPONSIBLE OR LIABLE FOR ANY WARRANTY, REPRESENTATION OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT OR IN LAW, RELATIVE TO THE PRIZE, TO THE FULLEST EXTENT PERMITTED BY LAW.
You agree to release, defend, indemnify and hold harmless each of the Company and its related Entities and Affiliates related to the Giveaway against any and all claims, lawsuits, judgments, causes of action, proceedings, demands, fines, penalties, liability, damages, costs, attorneys’ fees, and losses that may arise in connection with any and all of the rights and benefits you confer upon the Company and its related Entities and Affiliates in these Official Rules, including any and all liability resulting or arising from Company’s use of any entries or your participation in the Giveaway.
Dispute Resolution
You hereby agree that: (a) any and all disputes, claims and causes of action arising out of or connected with the Giveaway or the Prize shall be resolved individually, without resort to any form of class action, and exclusively by a federal or state court located in New York, New York; (b) all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering into the Giveaway, but in no event attorneys’ fees; and (c) you will not be permitted to obtain awards for, and you hereby waive all rights to claim indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and waive any and all rights to have damages multiplied or otherwise increased.
Governing Law
All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of an entrant and Company in connection with the Giveaway, shall be governed by the laws of the State of New York, without giving effect to any choice of law or conflict of law rules which would cause the application of the laws of any jurisdiction other than the State of New York.
Winner List
To obtain a copy of the Winner(s) list after the Entry Period, send a self-addressed, stamped envelope to: Roseate, Inc. Attn: Social Media—Giveaways, 343 Bleeker Street, New York, NY 10013. All requests must specify the date of the Giveaway.
Dates:
The giveaway starts on 4/15/24 and ends on 4/26/24 at 11:59pm EDT (the “Entry Period”). The winner will be selected on or around 5/1/24. Entries that are submitted before or after the Entry Period will be disqualified.
