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#WINSPARKLE Giveaway Rules & Restrictions

NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. (This contest is in no way sponsored, endorsed, or administered by, or in association with Instagram, Facebook or Twitter.)

ELIGIBILITY: The #WINSPARKLE GIVEAWAY (“Giveaway”) is open only to current legal residents of the 50 United States and the District of Columbia who are 18 years of age or older as of the date of entry. Void where prohibited by law. Employees of TARINA TARANTINO, Inc. (“Sponsor”), its dealers, prize sponsors, and their respective parents, affiliated and subsidiary companies, and advertising and promotional agencies, as well as the immediate family (spouse, mother, father, sister, brother, daughter, or son, regardless of where they live) of such employees or members of their households (whether related or not) are not eligible. By entering this giveaway, entrants accept and agree to be bound by these Official Rules and the decisions of Sponsor, which will be final, binding, and conclusive in all respects.

PROMOTIONAL PERIOD: The Giveaway will begin at 6:30 PM PT on March 3, 2015 and end at 12:00 PM PT on March 10, 2015 (the “Promotional Period”). Entries received after the Promotional Period will be disqualified.

ENTRIES: No purchase necessary to enter or win. A purchase will not improve your chances of winning. Opting out of receiving Sponsor’s marketing-related emails will not affect your chances of winning.

To enter click on the following LINK and share via the Twitter or Facebook link (or find the giveaway image on our Instagram and re-post). All entrants across all social media platforms must include #WINSPARKLE in order to be eligible to win.

Proof of entry submission does not equate to proof of receipt. Authorized account subscriber is deemed to be the natural person who is assigned an e-mail address account by the relevant Internet service provider, online access provider, or other organization that is responsible for assigning e-mail addresses or the domain name associated with the submitted social media account.

Sponsor is not responsible for incomplete, lost, late, misdirected, stolen, mutilated, incorrectly entered, illegible, or incomplete entries, or for any transmission defaults, human or computer failures, or technical malfunctions and/or delayed, garbled, or corrupted data entries.

PRIZES & ODDS OF WINNING: A single prize winner will receive one Sparkle gift box filled with TARINA TARANTINO products. Odds of winning any prize depend on the number of eligible entries received during the Promotional Period.

Approximate retail value of the prizes is over $500.

All federal, state, local and any other applicable taxes are the sole responsibility of the winner. No assignment, transfer, or substitution of prizes is permitted.

WINNER SELECTION: Winner will be selected by random drawing from all eligible entries received, which drawing will be held on or about March 11, 2015. The selected winner will be notified via Direct Message within three business days of the drawing. Following verification of the winner, the winner will be announced across all TARINA TARANTINO social media platforms (blog, FB, Instagram, Twitter). The potential winner is subject to verification of eligibility and compliance with these Official Rules, including providing the Affidavit and Release described below, before receiving the prize. Once the winner is verified, shipping of the prize will occur within two weeks from the date on which the winner returns the Affidavit and Release.

GENERAL CONDITIONS: This Contest is void where prohibited by law and is subject to all applicable federal, state, and local laws and regulations.    Sponsor makes no warranties, and hereby disclaims any and all warranties, express or implied, concerning any prize furnished in connection with the Contest.  WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SUCH PRIZES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND SPONSOR HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT.

The Giveaway is governed by, and these rules will be construed and interpreted pursuant to, the laws of the United States. The winner will be required to execute and return an Affidavit of Eligibility and Release, and, where lawful, a Publicity Release, which may require the winner’s social security number for tax reporting purposes, within seven days of notification. At Sponsor’s sole discretion, a selected winner may be disqualified and, in such case, an alternate winner will be selected from among the remaining eligible entries if (i) winner fails to meet the eligibility requirements; (ii) winner cannot be reached because the prize notification or prize is returned as non-deliverable; or (iii) winner fails to return documents timely.

Where permitted by law, by accepting the prize, the winner grants to Sponsor, and its 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, his or her name, portrait, picture, voice, likeness, and biographical information as news or information and for advertising and promotional purposes without additional consideration.

Sponsor reserves the right, at its sole discretion, to disqualify any individual it finds, in its sole discretion, to be tampering with the entry process or the operation of the Giveaway; to be acting in violation of these Official Rules or the terms of use of the TARINA TARANTINO Web site; or to be acting in a non-sportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten, or harass any other person. Any use of robotic, automatic, programmed, or like entry methods will void all such entries by such methods.

ARBITRATION PROVISION:  By participating in this Contest, each entrant agrees that (1) any claim, dispute, or controversy (whether in contract, tort, or otherwise) the entrant may have against the Promotion Entities arising out of, relating to, or connected in any way with the Contest, the awarding or redemption of any prize and/or the determination of the scope or applicability of this agreement to arbitrate, will be resolved exclusively by final and binding arbitration administered by JAMS and conducted before a sole arbitrator in accordance with the rules of JAMS; (2) this arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16; (3) the arbitration shall be held in New York, New York; (4) the arbitrator’s decision shall be controlled by the terms and conditions of these Official Rules and any of the other agreements referenced herein that the applicable participant may have entered into in connection with the Contest; (5) the arbitrator shall apply New York law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (6) there shall be no authority for any claims to be arbitrated on a class or representative basis, arbitration can decide only the entrant’s and/or the applicable Promotion Entities’ individual claims; the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (7) the arbitrator shall not have the power to award punitive damages against the entrant or any Promotion Entity; (8) in the event that the administrative fees and deposits that must be paid to initiate arbitration against any Promotion Entity exceed $125 USD, and the entrant is unable (or not required under the rules of JAMS) to pay any fees and deposits that exceed this amount, Sponsor agrees to pay them and/or forward them on the entrant’s behalf, subject to ultimate allocation by the arbitrator.  In addition, if entrant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of entrant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (9) with the exception of subpart (6) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the rules of JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein.  If, however, subpart (6) is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Provision shall be null and void, and neither entrant nor Sponsor shall be entitled to arbitrate their dispute.  For more information on JAMS and/or the rules of JAMS, visit their website at www.jamsadr.com.

RULES/WINNER LIST: To receive any legally required copy of the list of winners, please send an e-mail toservice@tarinatarantino.com

GENERAL LIABILITY RELEASE/FORCE MAJEURE:  Acceptance of a prize constitutes winner’s permission for the Promotion Entities to use winner’s name, video, likeness, voice, biographical information, statements and address (city and state) for advertising and/or publicity purposes worldwide and in all forms of media now known or hereafter developed, in perpetuity, without further compensation.  Entrants (and any minor entrant’s parent or legal guardian) agree that the Promotion Entities, Instagram and Twitter: (A) shall not be responsible or liable for, and are hereby released 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 Contest or any Contest -related activity, or from entrants’ acceptance, receipt, possession and/or use or misuse of any prize, and (B) have not made any warranty, representation or guarantee express or implied, in fact or in law, with respect to any prize, including, without limitation, to such prize’s quality or fitness for a particular purpose.  Sponsor assumes no responsibility for any damage to an entrant’s, or any other person's, computer system which is occasioned by participating in the Contest, or for any computer system, phone line, hardware, software or program malfunctions, or other errors, failures, delayed computer transmissions or network connections that are human or technical in nature.  Without limiting the generality of the foregoing, Sponsor is not responsible for incomplete, illegible, misdirected, misprinted, late, lost, damaged, stolen, or postage-due submissions or prize notifications; or for lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet service providers, websites, or other connections; or for miscommunications, failed, jumbled, scrambled, delayed, or misdirected computer, telephone or cable transmissions; or for any technical malfunctions, failures, difficulties or other errors of any kind or nature; or for the incorrect or inaccurate capture of information, or the failure to capture any information.  Sponsor reserves the right in its sole discretion to disqualify any individual who is found to be tampering with the entry process or the operation of the Contest to be acting in violation of these Official Rules, or to be acting in an unsportsmanlike or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Contest, or to annoy, abuse, threaten or harass any other person, and Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law.  No mechanically reproduced, illegible, incomplete, forged, software-generated or other automated multiple entries will be accepted.  If a dispute as to the identity of the individual who actually submitted an entry cannot be resolved to Sponsor’s satisfaction, the affected entry will be deemed ineligible.  Sponsor reserves the right to modify, extend, suspend, or terminate the Contest if it determines, in its sole discretion, that the Contest is technically impaired or corrupted or that fraud or technical problems, failures or malfunctions or other causes beyond Sponsor’s control have destroyed or severely undermined or to any degree impaired the integrity, administration, security, proper play and/or feasibility of the Contest as contemplated herein.  In the event an insufficient number of eligible entries are received and/or Sponsor is prevented from awarding prizes or continuing with the Contest as contemplated herein by any event beyond its control, including but not limited to fire, flood, natural or man-made epidemic of health of other means, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal state or local government law, order, or regulation, public health crisis, order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control (each a “Force Majeure” event or occurrence), then subject to any governmental approval which may be required, Sponsor shall have the right to modify, suspend, extend or terminate the Contest.  If the Contest is terminated before the designated end date, Sponsor will (if possible) select the winner in a random drawing from all eligible, non-suspect entries received as of the date of the event giving rise to the termination.  Inclusion in such drawing shall be each entrant’s sole and exclusive remedy under such circumstances.  Only the type and quantity of prizes described in these Official Rules will be awarded.  These Official Rules cannot be modified or amended in any way except in a written document issued in accordance with law by a duly authorized representative of Sponsor.  The invalidity or unenforceability of any provision of these rules shall not affect the validity or enforceability of any other provision.  In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.

 

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