THE LITA BY CIARA LAUNCH 2021 SWEEPSTAKES OFFICIAL RULES
THE LITA BY CIARA LAUNCH 2021 SWEEPSTAKES
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR TO WIN. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. ALL FEDERAL, STATE, LOCAL, AND MUNICIPAL LAWS AND REGULATIONS APPLY. VOID WHERE PROHIBITED.
THESE OFFICIAL RULES CONTAIN AN ARBITRATION AGREEMENT, WHICH REQUIRES THAT ALL DISPUTES BE RESOLVED SOLELY BY BINDING ARBITRATION, AND ENTRANTS AGREE TO ONLY PURSUE CLAIMS AGAINST SPONSOR AND/OR SEEK RELIEF ON AN INDIVIDUAL BASIS, AND ENTRANTS WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION FORMAT, OR AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING.
- ELIGIBILITY: TheLita by Ciara Launch Sweepstakes (“Sweepstakes”) is open to legal residents of the 50 United States and the District of Columbia, excluding Rhode Island, who are at least eighteen (18) years of age or the age of majority in their jurisdiction of residence, whichever is older, at the time of entry. Employees of The House of LR&C, PBC (“Sponsor”) and its parent companies, affiliates, subsidiaries, divisions, and advertising and promotion agencies (collectively “Sponsor Entities”), and their immediate families and household members are not eligible to enter or win. For purposes of this Sweepstakes, “immediate families” means parents, grandparents, children, grandchildren, and siblings.
- TO ENTER: To enter theSweepstakes, you must visit thelitabyciara.com website, opt in to receive an email newsletter, including providing a valid e-mail address where prompted, and opt-in to enter the Sweepstakes (an “Entry”). Entries will only be accepted between August 17, 2021 at 12:01 AM Eastern Time Zone (“ET”) and August 25, 2021 at 11: 59 PM ET (the “Promotion Period”). Only one (1) entry per person and per email address. Entries that are lost, late, misdirected, illegible, incompletely received, or incomplete, for any reason, will not be eligible and are not the responsibility of the Sponsor. Proof of sending will not be deemed to be proof of receipt. In the event of a dispute over the identity of a potential winner, the winning entry will be declared made by the authorized account holder of the e-mail address submitted at the time of entry, and any potential winner may be required to provide evidence sufficient to show that he/she is the authorized account holder of that e-mail address. The “authorized account holder” is the natural person assigned the e-mail address by the relevant e-mail service provider.
- 3. PRIZE:Four (4) prizeswill be awarded, each consisting of the following ensemble: one (1) coat, one (1) pair of pants, one (1) pair of shoes, one (1) shirt and one (1) accessory from the Lita by Ciara clothing line each item to be selected at the sole discretion of the Sponsor (the “Prize”). The winner will be permitted to select an available size for each item included within the prize, with shoes sized 36-42, tops sized XXS-XXL, bottoms sized XXS-XXL, pants sized 0-16, denim sized 23-32, and one size accessories, however, Sponsor does not guarantee all sizes or exact sizes requested will be available. The approximate retail value (“ARV”) of each Prize is $1,200 USD. The Prize will be delivered only to verified winners. There is no substitution for the Prize or any portion Prize, except by Sponsor who reserves the right, in its sole discretion, to substitute a prize or portion of prize of comparable value. The Prize is not transferable or redeemable for cash, except in the sole discretion of Sponsor. All Prize details including without limitation style, color, and selection are at Sponsor’s sole discretion. Incidental expenses and all other costs and expenses which are not specifically listed as part of the Prize in these Official Rules and which may be associated with the award, acceptance, receipt, and use of all or any portion of the awarded Prize are solely the responsibility of the respective Prize Winner. All federal, state, and local taxes associated with the receipt or use of any Prize are solely the responsibility of the Winner. Any person winning $600 or more worth of prizes from Sponsor in a calendar year will receive an IRS form 1099, and copy of such form will be filed with the Internal Revenue Service (IRS).
- 4. SELECTION ANDNOTIFICATION OF WINNER: On or around September 1, 2021, four (4) potential winners will be selected in a random drawing of all eligible entrants (each a “Winner”). All decisions of the Judges are final and binding on all entrants. Each Prize will be sent to the Winner in the mail approximately four weeks after the Winner’s are notified.
The potential Winners will be notified on or about September 1, 2021 by email at the e-mail address submitted with the Entry. Upon the request of the Sponsor and except where prohibited by law, the potential Winner may also be required to return an Affidavit of Eligibility, Publicity and Liability Release and Prize Acceptance Form and IRS W-9 form (“Prize Documentation). If a potential Winner does not respond within five (5) days of the date appearing on the first attempted prize notification, refuses the prize, is found to be ineligible, or fails to comply with the instructions contained in the prize notification or provide any requested documentation within that time period, Sponsor reserves the right to disqualify such potential winner and choose an alternate winner from among the remaining eligible entries through a random drawing. Return of any prize notification as undeliverable may result in disqualification and selection of an alternate winner. Odds of winning depend on the number of eligible Entries received.
- 5. BINDING ARBITRATION: Any controversy or claim arising out of or relating to the Sweepstakes shall be settled by binding arbitration before JAMS or its successor in a location determined by the arbitrator as set forth herein (provided that such location is reasonably convenient for claimant), or at such other location as may be mutually agreed upon by the parties, all in accordance with accordance with the JAMS Streamlined Arbitration Rules and Procedure then prevailing (“JAMS Rules”), and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrator shall be selected pursuant to the JAMS Rules. The arbitrator shall apply Washington law consistent with the Federal Arbitration Act and applicable statutes of limitations and shall honor claims of privilege recognized at law. In the event that the claimant 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 the claimant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by 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, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither claimant nor Sponsor shall be entitled to arbitrate their dispute. Upon filing a demand for arbitration, all parties to such arbitration shall have the right of discovery, which discovery shall be completed within sixty (60) days after the demand for arbitration is made, unless further extended by mutual agreement of the parties.
THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN THE ENTRANT’S INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. DO NOT ENTER THIS SWEEPSTAKES IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE OFFICIAL RULES. BY PARTICIPATING IN THE SWEEPSTAKES, EACH ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE CONTEST, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY THROUGH BINDING ARBITRATION AS SET FORTH ABOVE, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL OF ENTRANT’S CLAIMS, JUDGMENTS AND AWARDS TO ENTRANT WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY), NOT TO EXCEED ONE HUNDRED DOLLARS ($100), BUT IN NO EVENT WILL ATTORNEYS' FEES BE AWARDED OR RECOVERABLE; (3) TO THE EXTENT ALLOWED BY APPLICABLE LAW, ENTRANT WILL NOT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES, AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) ENTRANT'S REMEDIES ARE LIMITED TO A CLAIM FOR MONETARY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO RELEVANT PORTIONS OF THE ABOVE MAY NOT APPLY TO EVERY ENTRANT.
- APPLICABLE LAW AND JURISDICTION: This Sweepstakes is void where prohibited. This Sweepstakes is subject to all applicable federal, state, and local laws and regulations. Any dispute arising out of this Sweepstakes or the Prize shall be governed by the laws of the State of Washington, without regard to its choice law principles, and any matters or proceedings which are not subject to arbitration as set forth above in Section 5 of these Official Rules, and/or are related to entering any judgment on an arbitration award, shall be subject to the exclusive jurisdiction of the state and federal courts in the State of Washington and shall take place in King County, Washington, and entrants consent to the personal jurisdiction of said courts.
- 7. WAIVERS AND RELEASES: By entering, entrants agree: (a) to be bound by these Official Rules and the decisions of Sponsor, which are final and binding; (b) to waive any right to claim ambiguity in theSweepstakes or these Official Rules; (c) that they may be contacted in person, by phone, social media, or by e-mail, with respect to the Sweepstakes; (d) that Sponsor, its parent companies, affiliates, subsidiaries, divisions, and advertising and promotion agencies, and their respective officers, directors, shareholders, and employees (collectively “Releasees”) are not responsible for lost, damaged, or misplaced entries, incorrect or inaccurate transcription of entry information, or for any human or other error, technical malfunction, lost/delayed data transmission, omission, interruption, deletion, defect, line failures of any telephone network, computer equipment, software, inability to access any online service or web site, or any other error or malfunction, or any injury or damage to entrant’s or any other person's computer related to or resulting from participation in this Sweepstakes, or for any injury to person or property; and (e) that the Releasees will not be liable for losses or injuries of any kind resulting from acceptance/possession/use and/or misuse of the Prize, travel to and from any prize-related activity, participation in the Sweepstakes, or printing, mailing or distribution errors. Each Winner further acknowledges that Sponsor does not make any warranties, express or implied, relating to the Prize itself and that Sponsor expressly disclaims the implied warranties or merchantability and fitness for a particular use.
- 8. PUBLICITY: Unless prohibited by law, entry into theSweepstakes constitutes permission for the Releasees to use that entrant’s name, address (city and state), picture, social media username and/or likeness, biographical information, statements, voice and likeness in any advertising and publicity Sponsor may conduct relating to Sponsor, Sponsor’s goods and services, or the Sweepstakes in any media or format, whether now known or hereafter developed, including but not limited to the World Wide Web, at any time or times in perpetuity, without further compensation or notice, except where prohibited by law.
- 9.RIGHT TO VOID/TERMINATE/MODIFY: If for any reason the Sweepstakes is not capable of being executed as planned, or tampering, unauthorized intervention, fraud, technical failures or any other causes beyond the control of Sponsor corrupt or affect the administration, security, fairness, integrity or proper conduct of this Sweepstakes, Sponsor reserves the right, at its sole discretion, to disqualify any suspect entry and to cancel, terminate, modify or suspend the Sweepstakes, and/or award the Prizes from among all eligible, non-suspect entries received as of the date of the termination, as Sponsor determines in its sole discretion. Entries not complying with these Official Rules are subject to disqualification.
- 11. SEVERABILITY: If any provision(s) of these Official Rules are held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect.
- 12. TO RECEIVE WINNERS LISTOR OFFICIAL RULES: To request the names of the Winners (available after September 1, 2021) or a copy of these Official Rules, e-mail your request to email@example.com. Requests for a copy of these Official Rules received more than thirty (30) days after the Promotion Period will not be honored.
- 13.SPONSOR: The Sponsor of this Sweepstakes is The House of LR&C, The House of LR&C at 151 Western Avenue W, Suite 350, Seattle, WA 98119.