Caesarstone US (“Caesarstone”), in conjunction with 3rd party affiliates, sometimes collectively referred to herein as “Company” have created the Interior Collective Coco Cozy pillow giveaway promotion (the “Promotion”), which consists of a sweepstakes based on submitted entries via commenting on any of 3 Coco Cozy blog posts or asking her a question via her Ask the Expert (the “Sweepstake”), within the specific time periods outlined here, all as set forth below. Participation in the Promotion is governed by the terms and conditions set forth below and your participation the Promotion signifies your agreement with and acceptance of all of the following, as applicable (the “Official Rules”):
ELIGIBILITY: The Promotion is open only to legal residents of one of the 50 United States & the District of Columbia who are 18 years of age or older. Employees of Caesarstone, and any of their parent company, affiliates, subsidiaries, advertising and promotion agencies; all of their immediate families (parents, children, sibling, spouse) and members of the same household (individuals who share the same residence at least 3 months per year) of such employees may not participate in the Promotion. Void where prohibited or restricted by any law and subject to all applicable Federal, State and local laws and regulations which may apply. Individuals who are owners or employers of independent retailers and showrooms, including those which carry Caesarstone products, may participate in the Promotion provided they are not otherwise subject to the foregoing limitations. The Promotion is not open to groups, teams or organizations to enter collectively (i.e., members of any group or organization may enter, but only as individuals). Additional requirements for participating in the Promotion are set forth below.
REGISTRATION: To participate in the Promotion, you must either have an existing and valid account on http://interiorcollective.com/ (the “Site”) or obtain a valid account on the Site. Failure to fully register with the Site will prevent you from being able to participate in the Promotion or disqualify any Submission (as defined below) from consideration. If you already have an existing and valid account on the Site, or on upon completing the registration at the Site, you are considered a “Member” of the Site for the purpose of these Official Rules.
NO PURCHASE NECESSARY TO ENTER OR WIN. THERE IS NO COST TO OBTAINING AN ACCOUNT AT THE SITE. HOWEVER, ANY INTERNET ACCESS & USAGE CHARGES IMPOSED BY YOUR ONLINE SERVICE PROVIDER WILL APPLY.
SUBMISSION: Commencing on December 2, 2013 and continuing through December 13, 2013 (the “Submission Period”), if you are a Member, you will have the opportunity to make a submission as provided herein and pursuant to these Promotion Rules and as set forth below (a “Submission”). The Submission Period will be divided into three (3) separate periods related to each table design (each, a “Theme”).
A Member may make one (1) Submission per Theme that includes pinning an image (via Pinterest) from The Interior Collective and posting a comment including the URL of that pin or Pin Board on the Giveaway Landing Page. The comment in the Submission must not contain any materials that are obscene, defamatory or otherwise not in good taste.
In addition, if you remove or edit your Submission or if your account with the Site is suspended or terminated for any reason, your Submission shall no longer qualify to participate in the Promotion and you will be required to re-post your Submission and/or obtain a new account with the Site in order to make a replacement Submission for the Promotion. Each Member may comment multiple times, but only one (1) Submission per Theme will be entered into the Sweepstakes.
By making a Submission, You irrevocably grant Company (and its successors, assigns and licensees) the unrestricted, non-exclusive, royalty-free, perpetual, transferable, irrevocable, worldwide license and right to use and otherwise exploit your Submission (and/or any other materials you provide Company through the Site or otherwise), including, without limitation, your Likeness (as defined below) as embodied therein, any title thereof, in whole or in part, and all copyrights, trademarks, moral rights or “droit moral” and other intellectual property and proprietary rights therein, in any and all markets throughout the world, in all media, platforms, manners, and forms whether now or hereafter existing (including, without limitation, distribution by or through broadcast, cable, satellite, website, mobile device or otherwise), on a gratis basis commencing on the date you submit the Submission to Company and continuing in perpetuity. Without limiting the generality of the foregoing, you acknowledge and agree that Company's rights shall include, without limitation, the right to: (a) store the Submission and distribute the Submission via any and all Internet exploitation methods; (b) reproduce, store, broadcast, transmit, stream, exhibit, adapt, distribute and otherwise exploit any and all of the Submission and/or any excepts therefrom in whole or in part, alone or in compilations with materials submitted by other participants in the Giveaway, all at Company's sole discretion; (c) edit, juxtapose, alter, modify, or rearrange any portion of the Submission, all at Company's sole discretion; (d) exploit, in any and all media the Submission and any excerpts therefrom; and (e) to authorize third parties to engage in any of the foregoing activities. Nothing herein shall be deemed to require Company to use any of the Submission in or in connection with the Promotion, the Site and/or in any other manner. The rights and licenses being grant to Company hereunder, as between you and Caesarstone are being granted to all of them collectively.
You also agree that Company (and its successors, assigns and licensees) may use and reuse your name, likeness, voice, personality, biographical information, image, performance, actions, statements or expressions (collectively “Likeness”) in and in connection with the Promotion and in the marketing and Promotion of Caesarstone, the Site, and/or any of its products and services, including, without limitation, posting your Submission on any web site throughout the world, in any language, in any and all media, platforms, manners, and forms whether now or hereafter existing (including, without limitation, distribution by or through broadcast, cable, satellite, website, mobile device or otherwise). You further agree that any depiction and use of your Likeness shall be at Company’s (and its successors', assigns' and licensees') sole discretion, and they may edit, cut, dub, modify and rearrange your Likeness and juxtapose your Likeness with other materials, all in their sole discretion.
You agree you will not submit or attempt to submit, and Company shall have the right to reject, refuse to accept, remove or otherwise handle as Company deems appropriate, any Submission, that is or could be construed as violating any of the terms hereof. Company reserves the right to review any Submission and to delete, remove, move, edit or reject, without notice to you, any Submission Company deems in violation of these Official Rules or to be unacceptable to Company, for any reason or for no reason whatsoever. If Company receives notice of any claim of infringement that Company, in its sole discretion, determines is not frivolous, Company may immediately remove your Submission and/or other materials you provided Company. Company reserves the right to provide information to law enforcement officials, governmental agencies and pursuant to judicial or regulatory compulsion, to protect their respective interests, the Site or to comply with legal, regulatory, audit and compliance obligations. Company will terminate the accounts of repeat copyright infringers in appropriate circumstances.
You represent and warrant that: (a) you have full right, power and authority to enter into, fully perform and grant the rights granted by you in these Official Rules, and by entering into, fully performing and granting the rights granted by you in these Official Rules, it is not and shall not be in violation of the terms of any agreement or understanding to which you are party, (b) you own or control 100% of the copyrights in the Submission and any other materials you provide Company and have obtained the permission of all third parties which may be required, including, but not limited, to the permission of the Client, (c) the Submission and all other materials you provide Company do not and shall not infringe upon the rights or interests of any third party, (d) all elements within the Submission or any other material you provide Company are original with you, (e) the Submission and/or any other materials you provide Company is free and clear of any liens or claims with respect to the use of such Submission in the manner authorized herein, (f) Company's use of the Submission and/or any other materials you provide Company will not give rise to any claims of infringement, invasion of privacy or publicity or claims for payment of re-use fees, residuals or license fees, (g) all of the information you submit to Company in connection with your Submission, now or in the future, is and shall be complete, correct, true and accurate and (h) no other person rendered services, contributed to or worked on your Submission.
Neither Caesarstone, the Site nor any 3rd parties involved in this promotion are responsible for lost, late, incomplete, damaged, stolen, misdirected, or illegible Submissions or for incomplete, lost, interrupted or unavailable network, server or other connections, miscommunications, computer or software malfunctions or telephone transmission problems or technical failures, garbled transmissions, damage to computer equipment (software or hardware) or other errors or malfunctions of any kind whether, human, mechanical, electronic or otherwise. Any Internet access and usage charges imposed by your online service provider will apply.
REVIEW OF SUBMISSIONS: Following expiration of the Giveaway, the Company will review each Submission corresponding to the Themes and select at random a recipient for each of the three (3) themes. The Members whose Submission is so selected is hereafter referred to as the “Giveaway Winners.” The Giveaway Winners will be contacted on December 16, 2013 and announced on The Interior Collective after winner confirmation. The Giveaway Winners will be informed via email through their Site account email address. Each Member may only be a Giveaway Winner with respect to one (1) Theme (i.e., if the a Member is drawn more than one (1) time, the Company will again select at random to determine unique Members as Giveaway Winners for each Theme).
GIVEAWAY PRIZES: Each Giveaway Winner will receive the prize of the tableware chosen for giveaway corresponding to the Theme for which they won (each setting, a “Giveaway Prize”).
Receipt of a Giveaway Prize by a Giveaway Winner is also contingent on such Giveaway Winner providing all information required by Caesarstone for fulfillment, as applicable and meeting all other requirements. No substitution, exchange or transfer of any prize by any Giveaway Winner. Sponsor reserves the right to substitute any prize for one of equal or greater value. The prize pack consists of only those items specifically described as part of the prize. Each Giveaway Winner is responsible for all taxes and fees associated with prize receipt and/or use.
SPONSOR/ ADMINISTRATOR: The Sweepstakes is sponsored and administered by Caesarstone.
SWEEPSTAKES PERIOD: The Launch of the first posting of Designer tableware (December 2, 2013) through December 13, 2013 shall be the Submission Period.
HOW TO ENTER: Each Member that provides a Submission shall be entered into the Sweepstakes.
DRAWINGS: After the submission close date (12/13/2013 midnight PDT), Caesarstone will select the name of the potential 3 Theme winners in a random drawing of all eligible entries received prior to such drawing. There will be one potential winner selected each week during the Submission Period. The potential winners will be notified by email as further described below. The odds of winning a prize depends on the number of eligible entries received prior to the date thereof.
Potential winners will be contacted by e-mail. Each potential winner will be required to respond to the e-mail notification within one (1) business day of the date Caesarstone sends such notification and provide any other information required to claim the prize. In the event that a potential winner fails to respond to the notification by the required date or is disqualified for any other reason, Caesarstone will select an alternate potential winner in a random drawing from among all remaining eligible entries, up to 3 alternates. If the alternate potential winners are disqualified, the prize will not be awarded.
PRIZE: Tableware as selected by designer and published on the Interior Collective. Tableware maximum value is up to One thousand five hundred US Dollars ($1500). The prize pack consists of only those items specifically described as part of the prize (not to include any furniture or perishable items such as food or flowers depicted in the photograph).
No substitution, exchange or transfer of any prize by a winner. Sponsor reserves the right to substitute any prize for one of equal or greater value. Each winner is responsible for all taxes and fees associated with prize receipt and/or use. Limit: 1 prize per person.
SWEEPSTAKES RESULTS: For a winner list, visit http://interiorcollective.com/giveaway. Winner list will be posted after winner confirmation is complete.
GENERAL TERMS APPLICABLE TO THE PROMOTION
By participating in the Promotion, entrant fully and unconditionally agrees to and accepts these Official Rules and the decisions of Caesarstone, which are final and binding in all matters related to the Promotion.
In the event that the operation, security, or administration of the Promotion is impaired in any way for any reason, including, but, not limited to, fraud, virus or other technical problem, Caesarstone may, in its discretion, either: (a) suspend the Promotion to address and/or modify the impairment and then resume the Promotion in a manner that best conforms to the spirit of these Official Rules; or (b) cancel the Promotion, in whole or in part, and award the prizes for the Sweepstake in a random drawing from among all eligible entries received up to the time of impairment. Caesarstone reserves the right in their sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Promotion or to be acting in violation of the Official Rules of this or any other promotion, or in an unsportsmanlike or disruptive manner. Any attempt by any person to undermine the legitimate operation of the Promotion may be a violation of criminal and civil law, and, should such an attempt be made, Caesarstone reserves the right to seek damages from any such person to the fullest extent permitted by law. Any failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
Except where prohibited, participation in the Promotion constitutes entrant’s consent for Caesarstone, the Site, and their designees to use entrant’s name, prize information, likeness, city and state of residence for promotional purposes in any media without further consideration.
BY PARTICIPATING IN THE PROMOTION, AS PART OF THE GIVEAWAY AND/OR THE SWEEPSTAKE, YOU HEREBY AGREE NOT TO SUE OR BRING ANY CAUSE OF ACTION AND IRREVOCABLY AND UNCONDITIONALLY REMISE, RELEASE, WAIVE AND FOREVER DISCHARGE CAESARSTONE, OR ANY OTHER PERSON OR ENTITY CONNECTED WITH THE PRODUCTION, ADMINISTRATION OR JUDGING OF THE PROMOTION, OR ANY OF THEIR RESPECTIVE PARENT COMPANIES, AFFILIATES, SUBSIDIARIES, AGENTS OR REPRESENTATIVES AND RELATED COMPANIES, (WHETHER OR NOT WHOLLY-OWNED), DIVISIONS, AND THEIR PAST, PRESENT AND FUTURE OFFICERS, AGENTS, REPRESENTATIVES, EMPLOYEES, SUCCESSORS AND ASSIGNS, JOINTLY AND INDIVIDUALLY (HEREINAFTER COLLECTIVELY REFERRED TO AS “RELEASEES”), FROM ANY AND ALL MANNER OF LIABILITIES, CLAIMS AND DEMANDS OF ANY KIND OR NATURE, WHATSOEVER, IN LAW OR EQUITY, WHETHER KNOWN OR UNKNOWN, WHICH YOU (OR YOUR ASSIGNS, AGENTS AND/OR REPRESENTATIVES) EVER HAD, NOW HAS, OR IN THE FUTURE MAY HAVE AGAINST THE RELEASEES, INCLUDING, BUT NOT LIMITED TO CLAIMS ARISING OUT OF OR RELATED TO ANY OF THE RELEASEES' USE OF YOUR SUBMISSION, ANY OTHER MATERIAL YOU PROVIDE PRODUCER, ANY OF THE RELEASEES' USE OF YOUR LIKENESS, EXPLOITATION, ADVERTISING AND MARKETING OF THE PROMOTION AND OPERATION OF ANY WEB SITE OR OTHER SIMILAR SERVICE AND/OR ANY RELATED OR ANCILLARY CONDUCT. YOU FURTHER AGREE IN THE EVENT YOU BRING A CLAIM OR LAWSUIT IN VIOLATION OF THIS AGREEMENT, YOU SHALL BE LIABLE FOR ANY ATTORNEYS’ FEES AND COSTS INCURRED BY RELEASEES IN CONNECTION WITH SUCH CLAIM OR LAWSUIT. IN NO EVENT SHALL YOU HAVE THE RIGHT TO ENJOIN THE DEVELOPMENT, PRODUCTION OR DISTRIBUTION OR EXPLOITATION OF THE PROMOTION OR OPERATION OF ANY SERVICE.
You agree at all times to defend, indemnify and hold Releasees, harmless from and against any and all liabilities, judgments, losses, claims, demands, costs, damages and expenses (including reasonable attorney's fees and legal costs) (individually and collectively “Claims”) arising out of or relating to: (i) any breach or alleged breach of any representation, warranty or agreement made by you under this Agreement or any other agreement between You and any of the Releasees in connection with the Promotion, and (ii) your participation in the Promotion, including, without limitation, any statement or action made or taken by you during or in connection with your Submission.
You agree that: (i) any and all disputes, claims and causes of action arising out of or connected with this Promotion or any prizes awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the Central District of California or the appropriate California State Court located in Los Angeles County, California; and (ii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering any Promotion, but in no event attorneys' fees. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Caesarstone and/or any other participating parties in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the State of California, without giving effect to any choice of law or conflict of law rules (whether of the State of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of California.
Caesarstone reserves the right to extend, terminate or revise these Official Rules at any time by giving notice at this URL of same.