Alexia María 10 Year Anniversary Giveaway
OFFICIAL RULES AND DISCLAIMERS
NO PURCHASE NECESSARY TO ENTER OR WIN A PRIZE IN THIS GIVEAWAY. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW.
This Giveaway is in no way sponsored, endorsed, or administered by, or associated with, Instagram, LLC (“Instagram”) or TikTok, LLC (“TikTok”).
By entering this Giveaway, you agree to these Official Rules (which are a contract) – so please read them carefully before entering. Without limitation, this contract includes indemnities to the Sponsor from you, a class-action waiver, a requirement that most disputes be settled by mandatory binding arbitration, and a limitation of your rights and remedies.
(1) OVERVIEW: Alexia María Giveaway (“Giveaway” ) is sponsored by Alexia María, LLC. (“Sponsor”). The Giveaway begins at or around 11AM Eastern Time (“ET” ) on September 6th, 2024, when Sponsor posts the Giveaway Announcement (defined below), and ends at 11:59PM ET on September 11th, 2024 (the “Giveaway Period” ). Eligible participants (see Eligibility requirements, below) may enter the Giveaway by completing each of the steps described in the HOW TO ENTER section during the Giveaway Period. Following the close of the Giveaway Period, 1 entrant will be selected as the potential winner through a random drawing.
(2) ELIGIBILITY: The Giveaway is only open to legal residents of the 50 United States, including the District of Columbia, who are age 18 or older and the age of majority in their state of residence (19 and older in Alabama and Nebraska; 21 and older in Mississippi) at the time of entry, and who comply with the terms and conditions outlined in these official rules (the “Official Rules”). Void in Puerto Rico, Guam, the U.S. Virgin Islands, outside the U.S., and wherever else prohibited by law. Employees of Sponsor, and its respective subsidiaries, affiliates, advertising and promotion agencies, and the immediate family members (spouses, parents, children, and siblings and their spouses) of, and/or those living in the same household of each, are not eligible to enter. Giveaway is subject to all applicable federal, state and local laws and regulations.
(3) HOW TO ENTER: To earn one (1) entry into the Giveaway, eligible entrants must take the following steps during the Giveaway Period using their personal Instagram account:
- Like and save the post announcing the Giveaway published by Sponsor from its @alexiamariaofficial Instagram account (the “Giveaway Announcement”);
- Follow the @alexiamariaofficial Instagram and TikTok accounts, if you do not already; and
- Comment on the Giveaway Announcement on Instagram, where you would wear your Alexia María piece.
Limit: One (1) Entry per person regardless of whether the entrant has more than one Instagram or TikTok accounts.All entries become the property of the Sponsor and will not be acknowledged or returned.
(4) PRIZE DESCRIPTION and ARV: Subject to verification, the confirmed prize winners in this Giveaway will receive the Alexia María piece of their choice from the Signature Collection (https://alexiamaria.com/collections/signature-collection) from the Sponsor. ARV of the prize is between $350.00 USD or $2,575.00 USD.
(5) WINNER SELECTION & NOTIFICATION: Winners of the Giveaway will be selected in a random drawing under the supervision of the Sponsor. Potential Prize winners will be notified via email, and will be required to claim their Prize within forty-eight (48) hours of notification. The Prizes will be awarded within approximately thirty (30) days after the winner is notified and verified.
If a Prize notification or Prize is returned as undeliverable, or if a winner fails to respond within 48-hours, is found to be ineligible or not in compliance with these Official Rules, that winner will be disqualified and shall forfeit the Prize, and the Prize may be awarded to an alternate winner in a separate random drawing in Sponsor’s sole discretion. Sponsor shall have no liability for a winner's failure to receive notices due to winners' social channel account privacy settings or other security settings or for winners' provision of incorrect or otherwise non-functioning contact information. If Sponsor is unable to determine and verify a potential winner after repeated alternate drawings or if Sponsor fails to receive a sufficient number of entries to correspond to the number of Prizes available to be awarded, Sponsor reserves the right to not award such Prizes. Acceptance of the Prize constitutes permission for Sponsor to use winner's name and entry for purposes of advertising and trade without further compensation, unless prohibited by law.
(6) PRIZE CONDITIONS: Prizes are not redeemable for cash, assignable, transferable and may not be substituted except at Sponsor’s sole discretion. Sponsor reserves the right to substitute a Prize of equal or greater value at its discretion. Any other incidental expenses not specified herein are a winner’s sole responsibility.
(7) TAXES: All federal, state and/or local income and other taxes, if any, are the winner’s sole responsibility.
(8) ODDS OF WINNING: The odds of winning this Promotion depend on the number of eligible entries received.
(9) DISCLAIMERS: Although subsequent attempts to enter may be received, only the first complete entry received from a particular entrant will be eligible; subsequent attempts by the same person to enter, including entries submitted with an alternate social account, will be disqualified.
Participating entrants agree to these Official Rules and the decisions of the Sponsor, and release the Sponsor, its affiliated companies, and all other businesses involved in this Giveaway, as well as the employees, officers, directors and agents of each (the “Released Parties”), from all claims, damages, costs, expenses, losses and liability relating to their participation in the Giveaway, and the acceptance and use/misuse of a Prize offered. Participating entrants assume all liability for, and Released Parties shall be held harmless against, any liability for any injury, losses or damages of any kind to persons, including personal injury or death, or injury to property caused or claimed to be caused in whole or in part, directly or indirectly, by participation in this Giveaway, acceptance, possession, or use/misuse of a Prize, or any claims based on publicity rights, defamation or invasion of privacy, or merchandise delivery. Sponsor is not responsible for any typographical or other error in the printing of the offer, administration of the Giveaway or in the announcement of the Prizes.
Entry materials/data that have been tampered with or altered, or mass entries or entries generated by a script, macro or use of automated devices are void. The Released Parties are not responsible for: (i) lost, late, misdirected, damaged or illegible entries; or (ii) error, omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to or alterations of entry materials, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions of any kind, or inaccurate transmission of or failure to receive entry information by Sponsor on account of technical problems or traffic congestion on the Internet or at any web site or any combination thereof; or (iii) any injury or damage to entrant's or any other person's computer related to or resulting from participating in the Giveaway. By participating in the Giveaway, entrant (i) agrees to be bound by these Official Rules, including all eligibility requirements, and (ii) agrees to be bound by the decisions of Sponsor, which are final and binding in all matters relating to the Giveaway. Failure to comply with these Official Rules may result in disqualification from the Giveaway.
Sponsor reserves the right to cancel, suspend and/or modify the Giveaway, or any part of it, if any fraud, technical failures or any factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Giveaway, as determined by Sponsor. If, for any reason, the Giveaway cannot be run as planned, Sponsor may disqualify any suspect entries or individuals from the Giveaway and any Giveaway it sponsors and (a) suspend the Giveaway and modify the Giveaway to address the impairment, then resume the Giveaway in a manner that best conforms to the spirit of these Official Rules; and/or (b) award the Prizes at random from among the eligible, non-suspect entries received up to the time of the impairment.
(10) GOVERNING LAW: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of entrants, Sponsor or the Released Parties in connection with the Giveaway will be governed by and construed in accordance with the internal laws of the State of New York, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other laws.
CLASS ACTION WAIVER AND LIMITATION OF LIABILITY: BY ENTERING THE GIVEAWAY, ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (A) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE GIVEAWAY, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (B) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED FORTY DOLLARS ($40.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (C) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT 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 NOT TO EXCEED FORTY DOLLARS ($40.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (D) ENTRANTS’ REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.
(11) PRIVACY: As a condition of entering the Giveaway, each entrant gives consent for Sponsor to obtain and deliver his or her name, address and other information to third parties for the purpose of administering this Giveaway and to comply with applicable laws, regulations and rules, including, without limitation, the storing of your personal information for purposes of complying with state record retention requirements. Any information entrant provides to Sponsor may be used to communicate with entrant in relation to this Giveaway or on a Giveaway winner’s list. Personal information collected from entrants are subject to the Sponsor’s Privacy Policy, which can be found at https://alexiamaria.com/policies/privacy-policy.
All trademarks used herein are the property of their respective owners in the United States and abroad. Alexia María LLC. 2500 Hoover Avenue, National City, CA 91950. All rights reserved.
