EBY x FQ COLLECTION Giveaway - OFFICIAL RULES
The EBY x FQ Collection Giveaway (the "Giveaway") is sponsored, hosted and operated by EBY LLC (the “Sponsor”), PO Box 2042, New York, NY 10159. The Prize (as defined below) is provided by the Sponsor and FQ Collection, of 12575 Beatrice Street, Suite B12, Los Angeles CA 90066, United States (the “Prize Provider”). The Giveaway is promoted and operated through the Giveaway website located at shop.join-eby.com/pages/fqcollection (the "Giveaway Site"). The Giveaway begins on October 16, 2020 at 9:00am Pacific Daylight Time ("PDT") (the "Start Date"), and ends on October 19, 2020 at 11:59pm PDT (the "End Date") (such period, the "Giveaway Period"). BY ENTERING OR OTHERWISE PARTICIPATING IN THE GIVEAWAY, ALL ENTRANTS AND OTHER PARTICIPANTS AGREE TO ABIDE BY THESE OFFICIAL RULES, WHICH ARE FINAL AND BINDING ON ALL MATTERS PERTAINING TO THIS GIVEAWAY.
ELIGIBILITY AND REGISTRATION TO PARTICIPATE IN THE SWEEPSTAKES.
a. Determining the Winners. Sponsor and/or its designees will review all eligible Entries for conformity to the rules. On or about October 20, 2020, Sponsor and/or its designees will choose at random 5 “Potential Winners”. Each Potential Winner will be eligible to be awarded the Prize (described below). NO ENTRANT WILL BE DEEMED TO BE A WINNER, OR WILL BE AWARDED ANY PRIZE, UNLESS AND UNTIL SUCH ENTRANT'S ELIGIBILITY HAS BEEN VERIFIED BY SPONSOR IN ITS DISCRETION, ENTRANT HAS BEEN NOTIFIED THAT SUCH VERIFICATION IS COMPLETE, AND ENTRANT HAS COMPLIED WITH ANY SPONSOR REQUIREMENTS (INCLUDING WITHOUT LIMITATION THOSE SET FORTH IN SECTION 2(b) BELOW). Sponsor reserves the right to not award any prize if, in its sole and absolute discretion, it does not receive a sufficient number of eligible and/or qualified Entries. Sponsor may, in its sole discretion, contact a Potential Winner and require such Potential Winner to submit to a background check to help ensure that such Potential Winner's continued participation in the Giveaway will not, in Sponsor’s sole discretion, damage the Giveaway or otherwise reflect adversely on the Giveaway Entities; require such Potential Winner to answer additional questions or participate in additional screening procedures; require such Potential Winner to sign consent forms, releases (including, without limitation, a “Declaration of Eligibility and a Liability/Publicity Release”); and/or disqualify any Potential Winner who is unable or unwilling to do or provide any of the foregoing (individually and collectively, the “Clearance Process”). Any Potential Winner must complete the Clearance Process within two (2) days from the moment of notification. Upon successful completion of the Clearance Process, a Potential Winner will be designated a “Winner”. Without limiting the foregoing and only if applicable, a Potential Winner who is a minor in his or her state of residence will be required to have his or her parent or legal guardian affirm in writing such Potential Winner's acknowledgement and agreement to the Official Rules, in order to continue to participate in the Giveaway. Sponsor reserves the right to provide an independent third party (the "Auditing Entity") with all Entries submitted by each Potential Winner in order that such Auditing Entity may examine such Entries and confirm, subject to its and Sponsor's discretion, that the Entries comply with these Official Rules. In the event that a Potential Winner elects to end his or her participation in the Giveaway, is unable to participate further in the Giveaway for any reason, or is, in Sponsor’s sole discretion, deemed to be ineligible to participate, Sponsor reserves the right to select alternate Potential Winner(s) in its sole discretion.
b. Prize for Winners (the "Prize"): One Grand Prize Winner will receive a $295 necklace from FQ Collection and a Bralette & Panty set from EBY. (Approximate Retail Value of $360). All taxes (including without limitation federal, state, and local taxes) on or connected with the Prize, if any, and the reporting consequences thereof, and any other costs, fees, and expenses not explicitly stated herein, if any, are the sole responsibility of the Winner. If any Winner is a minor in his or her state of residence (if applicable), the Prize will be awarded on such Winner's behalf to such Winner’s parent or legal guardian, who must execute any releases and other documentation required by Sponsor (including without limitation an Affidavit of Eligibility and the Liability/Publicity Release described above). Prize may not be endorsed, transferred or substituted, except at the Sponsor’s sole discretion. Specifics of the Prize are in Sponsor’s sole discretion. By entering the Giveaway and accepting the Prize, each Winner agrees to maintain his/her behavior in accordance with all applicable laws and generally accepted social practices. Each Winner understands and agrees that Sponsor or Prize Provider has the right, in their sole discretion, to disqualify and remove a Winner from any activity at any time if their behavior at any point is uncooperative, disruptive, or may or does cause damage to the person, property, or reputation of Sponsor or Prize Provider or otherwise violates the policies of the Prize Provider, and in such case, such Winner will still be solely responsible for all taxes and other expenses related to the Prize. In the unlikely event that any portion of the Prize is cancelled, undeliverable, or unable to take place for any reason, each Winner agrees that Sponsor has no further obligations to such Winner other than delivery of the remainder of the Prize (if any), and no other additional compensation will be provided. In the event that any Winner (including, for any Winner who is a minor in his or her state of residence, his or her parent or guardian) is unable to comply with the terms and conditions set forth in these Official Rules (including without limitation this Section 2(b)), Sponsor reserves the right to deem such individual ineligible and to select a new Winner (or Winners) from among the remaining Entrants.
a. General; List of Winners; License. Sponsor’s failure to enforce any provision of these Official Rules shall not constitute a waiver of such provision. All federal, state, and local laws and regulations apply. After the end of the Giveaway Period, the name of the Winners may be posted to the Giveaway Site, and/or to another Sponsor-affiliated site or service. In addition to any other grants that may be granted in any other agreement entered into between Sponsor and any Winner, where permitted by law, each such individual agrees to grant to Sponsor, the Giveaway Entities, and their respective licensees, affiliates, and assigns, the right to print, publish, broadcast, and use, worldwide in any media now known or hereafter developed, including but not limited to the world wide web, at any time or times, such individual's name, photograph, picture, voice, likeness and biographical information as news or information and for advertising and promotional purposes without additional consideration; and further without such additional compensation, appear for, or provide biographical information for use in, any presentation or other activity which may include filming/audio/video/electronic or other recordings and/or interviews, as may be determined from time to time by Sponsor in its sole discretion; and upon request, each such individual (or, if a minor, such individual’s parent or legal guardian) will provide written consent to the foregoing uses. For a list of Winners (available after October 20, 2020, please send a self-addressed stamped envelope to “EBY x FQ Collection Giveaway, PO Box 2042, New York, NY 10159” - Winner List, c/o. Queries must be postmarked no later than October 31, 2020.
b. Disclaimer and Limitation of Liability. The Giveaway Entities make no warranties, and hereby disclaim any and all warranties, express or implied, concerning any prize furnished in connection with the Giveaway. The Giveaway Entities are not responsible for any incorrect or inaccurate information, reviews, ratings, rankings, or other materials, whether caused or created by authorized web site users, by tampering or "hacking," or by any of the equipment, software, or programming related to the Giveaway Site or the Giveaway, and assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft, destruction, or unauthorized access to the Giveaway Site, or any Entry. Additionally, the Giveaway Entities are not responsible for any cancellation or postponement of any aspect of the Prize. Although Sponsor attempts to ensure the integrity of the Giveaway, Entrants acknowledge that Sponsor is not responsible for the actions of Entrants or other participants in connection with the Giveaway, including Entrants' or others' attempts to circumvent the Official Rules or otherwise interfere with the administration, security, fairness, integrity, or proper conduct of the Giveaway. Sponsor is not responsible for injury or damage to Entrants' or to any other person's computer, other equipment, or person in connection with participation in the Giveaway, or downloading materials from or using the Giveaway Site. If, for any reason, the Giveaway is not capable of continuing as planned by reason of damage by computer virus, worms, bugs, tampering, unauthorized intervention, fraud, technical limitations or failures, strikes, industry conditions, marketplace demands, or any other causes which, in the sole opinion of Sponsor, could corrupt, compromise, undermine, or otherwise affect the administration, security, fairness, integrity, viability, or proper conduct of the Giveaway, Sponsor reserves the right in its sole discretion to modify these Official Rules and/or to cancel, terminate, modify, or suspend the Giveaway. IN NO EVENT WILL THE GIVEAWAY ENTITIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, ARISING OUT OF YOUR ACCESS TO AND USE OF THE GIVEAWAY SITE, THE STREAMING, DOWNLOADING, AND/OR PRINTING OF MATERIALS FROM THE GIVEAWAY SITE, SPONSOR’S OR ANY THIRD PARTY'S REMOVAL FROM THE GIVEAWAY SITE OF OR DISCONTINUATION OF ACCESS TO ANY ENTRIES OR OTHER MATERIALS, THE ACCEPTANCE, POSSESSION, USE, OR MISUSE OF ANY PRIZE AWARDED IN CONNECTION WITH THE GIVEAWAY, OR ANY HARM RESULTING THEREFROM. WITHOUT LIMITING THE FOREGOING, THE GIVEAWAY, ALL ENTRIES, AND ALL OTHER MATERIALS PROVIDED ON OR THROUGH THE GIVEAWAY SITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
c. Dates and Deadlines. Because of the unique nature and scope of the Giveaway, and because of the complexity of the technology underlying the administration of the Giveaway, Sponsor reserves the right, in addition to those other rights reserved herein, to modify any date(s) or deadline(s) set forth in these Official Rules or otherwise related to the Giveaway.
d. Release and Indemnification. BY PARTICIPATING IN THE GIVEAWAY, ENTRANT: (A) RELEASES AND HOLDS SPONSOR, PRIZE PROVIDER AND ALL OTHER GIVEAWAY ENTITIES, AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, AGENTS AND REPRESENTATIVES HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, ACTIONS, LOSSES, COSTS, DAMAGES, LIABILITIES, JUDGMENTS, SETTLEMENTS AND EXPENSES (INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS' FEES); ("LOSSES") OF ANY KIND ARISING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM THE GIVEAWAY OR PARTICIPATION IN ANY GIVEAWAY-RELATED ACTIVITY (INCLUDING WITHOUT LIMITATION THE REMOVAL FROM THE GIVEAWAY SITE OF, OR DISCONTINUATION OF ACCESS TO, ANY ENTRIES OR OTHER MATERIALS), OR RESULTING DIRECTLY OR INDIRECTLY FROM ACCEPTANCE, POSSESSION, USE, OR MISUSE OF ANY PRIZE AWARDED IN CONNECTION WITH THE GIVEAWAY, INCLUDING WITHOUT LIMITATION PERSONAL INJURY, DEATH, AND/OR PROPERTY DAMAGE, AS WELL AS CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION, AND/OR INVASION OF PRIVACY; AND (B) INDEMNIFIES AND HOLDS HARMLESS SPONSOR, PRIZE PROVIDER AND ALL OTHER GIVEAWAY ENTITIES, AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, AGENTS AND REPRESENTATIVES FROM ANY AND ALL LOSSES (AS DEFINED ABOVE) OF ANY KIND THAT MAY BE ASSERTED AGAINST OR INCURRED BY ANY GIVEAWAY ENTITIES AT ANY TIME IN CONNECTION WITH THE ENTRIES, OR OTHERWISE RELATING TO ENTRANT'S PARTICIPATION IN THE GIVEAWAY, INCLUDING WITHOUT LIMITATION CLAIMS CONCERNING THE INFRINGEMENT UPON OR VIOLATION OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHTS.
e. Arbitration. THIS SECTION PROVIDES FOR RESOLUTION OF DISPUTES ARISING UNDER OR RELATING TO THESE OFFICIAL RULES OR THIS GIVEAWAY, THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY. In the event of any dispute arising out of or in connection with these Official Rules or the Giveaway, such dispute shall be submitted to arbitration to be administered by the American Arbitration Association under its Commercial Arbitration Rules and Consumer Arbitration Rules ("Supplementary Procedures"), as amended by these Official Rules. The Supplementary Procedures are currently available online at http://www.adr.org (click on the link labeled "Rules, Forms & Fees", and then click on the link labeled "Consumer Arbitration Rules"). The arbitrator shall not have the power to impose punitive damages. To the extent that the arbitrator deems reasonable, the arbitrator shall conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances. Any in-person appearances requested by the arbitrator shall be held in the County of New York in the State of New York, United States of America. Arbitration proceedings shall be conducted in English and shall be conducted in a manner that preserves the confidentiality of Company's trade secrets and other confidential information. Each party hereby waives any and all rights and benefits which it might otherwise have or be entitled to under federal law or the laws of New York or any other state to litigate any such dispute in court, it being the intention of the parties to arbitrate, according to the provisions of these Official Rules, all such disputes. The arbitrator's decision shall be controlled by the terms and conditions of these Official Rules and any other agreements you may enter into with Sponsor in connection with the Giveaway, shall be final and binding, and shall provide for each party to bear its own costs of arbitration and attorneys' fees. EACH PARTY EXPRESSLY WAIVES ANY RIGHT TO A JURY. The award rendered by the arbitrator may be confirmed and enforced in any court of competent jurisdiction. If either party shall fail to appear at a hearing on the date designated in accordance with the rules of the American Arbitration Association, or shall otherwise fail to participate in the arbitration proceeding, the arbitrator is hereby empowered to proceed ex parte. In the event of any dispute concerning the Giveaway, your sole and exclusive remedy shall be to seek damages pursuant to an arbitration authorized by this Section 3(e). For any claim for equitable or injunctive relief, you agree to submit to the exclusive jurisdiction of any state or federal court located in the County of New York in the State of New York, and you waive any jurisdictional, venue or inconvenient forum objections to such courts. IF YOU DO NOT AGREE TO THESE REQUIREMENTS (OR ANY OTHER PROVISION OF THESE OFFICIAL RULES), YOU CANNOT PARTICIPATE IN THE GIVEAWAY.
f. Governing Law. The Giveaway and these Official Rules are governed by and shall be construed in accordance with the laws of the State of New York, United States of America, without regards to its principles of conflicts of law. For any dispute not subject to arbitration according to Section 3(e) above, you irrevocably agree to personal jurisdiction by the federal and state courts located in the County of New York in the State of New York, United States of America, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. Further, in any such dispute, under no circumstances will you be permitted to obtain awards for, and you hereby irrevocably waive all rights to claim punitive, incidental, or consequential damages, or any other damages, including attorneys' fees, other than your actual out-of-pocket expenses (i.e., costs associated with participating in the Giveaway), and you further irrevocably waive all rights to have damages multiplied or increased. YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO YOUR ENTRIES OR OTHERWISE RELATED TO THE GIVEAWAY MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION OCCURS, OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.
h. Headings. Headings and captions are used in these Official Rules solely for convenience of reference, and shall not be deemed to affect in any manner the meaning or intent of these Official Rules or any provision hereof.
i. Non-Endorsement. The use of any non-Sponsor trademarks, service marks, logos, or other marks in connection with this Giveaway or any prize is not meant by Sponsor to imply the endorsement of the respective owner(s) of such marks, or any affiliation of the respective owner(s) of such marks with the Giveaway Site or the Giveaway.
j. Interpretation. In the event of any conflict between any information provided on the Giveaway Site regarding the Giveaway (such as a "F.A.Q."), on the one hand, and these Official Rules, on the other, these Official Rules shall govern.
Official Rules © 2020 EBY. All rights reserved.