2024 BERNINA Costume Contest
OFFICIAL RULES
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING. THIS CONTEST IS INTENDED FOR LEGAL RESIDENTS OF THE 50 UNITED STATES AND THE DISTRICT OF COLUMBIA WHO ARE 18 YEARS OF AGE OR OLDER AT THE TIME OF ENTRY. DO NOT ENTER IF YOU ARE NOT LOCATED IN THE UNITED STATES AT THE TIME OF ENTRY. VOID WHERE PROHIBITED. Subject to all applicable federal, state, and local laws and regulations.
ELIGIBILITY: Open to legal residents of the 50 United States and the District of Columbia who are 18 years of age or older. The following individuals are not eligible to enter or win a prize: employees, contractors, directors, and officers of BERNINA of America, LLC. (“Sponsor”), its parent, subsidiary, and affiliated companies, and the web design, advertising, fulfillment, legal, judging, administrative, and Contest agencies involved in the administration, development, fulfillment, and execution of this Contest (collectively, “Promotion Parties”), and the immediate family members (spouse, parent, child, sibling, grandparent, and spouse or “step” of each) and those living in the same household of each such person (those persons whether related or not who live in the same residence for at least three months during the twelve-month period preceding the start date of the Contest). Void where prohibited.
CONTEST ENTRY PERIOD: Contest begins on October 3, 2024 at 8:30 AM Central Time (“CT”) and ends on October 31, 2024, at 11:59 PM CT (the “Contest Period”). The Web Site/Contest Application server is the official clock for this Contest.
ASSIGNMENT/OVERVIEW: Post an image and/or video of an in-process or completed handmade costume/part of a costume on Facebook or Instagram tagging @berninausa and using the hashtag #BERNINACostumeContest2024, or on the WeAllSew Community Section.
TO ENTER: To participate, you must have a valid email address and Internet access.
To post in the WeAllSew Community section, participants must be registered to the WeAllSew blog. To participate via social media (Facebook or Instagram), users must have an account.
To enter online through the WeAllSew blog, visit the BERNINA WeAllSew blog, located at www.weallsew.com (the “BERNINA WeAllSew blog”), during the Contest Period and click on the Community tab to upload an image and description of your costume creation. After you have accessed the Community section on the WeAllSew blog (https://weallsew.com/community/create/), select “BERNINA Costume Contest 2024” from the campaign drop-down menu. Participants are required to upload one image as a minimum and up to 12 images as a maximum of a costume/piece of a costume in process or completed including a short description. The images should be related to the fan’s costume project, how or why they created it, and pictures of the costume project.
To enter on social media (Facebook or Instagram), post your image and/or video of an in-process or completed handmade costume/part of a costume on Facebook or Instagram, tagging @berninausa and using the hashtag #BERNINACostumeContest2024. Note, your Facebook post or Instagram profile must be public for valid entry.
Limit three (3) entries per person, per platform – nine (9) entries in total. Automated means of entry are prohibited, and any use of automated devices will cause disqualification. A WeAllSew account is required to enter on the blog. A Facebook and Instagram account are required to enter via social media. Only fully completed entries are eligible. In the event of a dispute as to who submitted an entry, the name of the “authorized account holder” associated with the WeAllsew/Instagram/Facebook account name will be deemed to be the entrant and must comply with these Official Rules. The authorized account holder is defined as the natural person who is assigned to the email address associated with the account by an Internet access provider, online service provider, or other organization that is responsible for assigning email addresses or the domain associated with the submitted email address. Entrants may not enter with multiple WeAllSew, Facebook or Instagram accounts. Any participant who attempts to enter with multiple WeAllSew, Facebook or Instagram accounts or uses any device or artifice to enter multiple times will be disqualified and forfeits any and all prizes won, in Sponsor’s sole discretion. Proof of submission is not proof of receipt by Sponsor. By participating, entrants agree to abide by and be bound by these Official Rules and the Sponsor’s decisions. This Contest is in no way sponsored, endorsed, or administered by, or associated with, Facebook or Instagram. You are providing your information to the Sponsor and not to Facebook or Instagram. Information submitted in connection with this Contest is governed by Sponsor’s Privacy Policy (available at http://www.bernina.com/en-US/Footer-en-US/Disclaimer-Pages/Privacy-Policy).
REQUIREMENTS FOR ENTRIES: Entries that are deemed by the Sponsor, in its sole discretion, to be in violation of these Official Rules or to be otherwise infringing, harmful, inappropriate, defamatory, or generally not in keeping with the image of Sponsor, will be rejected and will not be eligible for the Contest. Entrant acknowledges and agrees that such decisions of Sponsor are final and binding.
DRAWING AND ODDS OF WINNING: Five winners will be awarded by a select BERNINA of America team from all entries received during the Contest Period to be conducted by Sponsor in the weeks following the close of the Contest Period. Odds of winning depend on the number of eligible entries received during the Contest Period. Administrator’s decisions shall be final and binding on all matters relating to the winner’s selection.
PRIZES AND APPROXIMATE RETAIL VALUES (“ARVs”):
- First Place Prize: (1) bernette 68 AIRLOCK (MSRP $2,499)
- Second Place Prize: (1) bernette 05 ACADEMY (MSRP $535)
- Third Place Prize: (1) BERNINA Thread Library Powered by Mettler (MSRP $425)
- Fourth Place Prize: (1) The BIG Book of Stitches (MSRP $125)
- Fifth Place Prize: (1) The BIG Book of Serging (MSRP $125)
PRIZE RESTRICTIONS: Prizes are non-transferable, and no cash redemption or prize substitution permitted, except at the sole discretion of the Sponsor. Sponsor reserves the right in their sole discretion to substitute a prize with one of comparable or greater value.
WINNER NOTIFICATION AND PRIZE CLAIM: Winners are subject to verification, including verification of age. The Potential Prize Winner will be contacted via phone or a traceable method of delivery will be required to verify their eligibility by completing, signing, and returning an Affidavit of Eligibility/Liability Release, and, where lawful, a Publicity Release (granting the use of the Winner’s name, city/state, likeness or photograph by Sponsor for advertising/publicity purposes, without further compensation) within five (5) days of attempted notification, or prize may be forfeited and an alternate Winner may be contacted. Sponsor is not responsible for any change of mailing address, email address and/or telephone number of entrants. In the event of noncompliance with these Official Rules, or if a prize notification or prize is unclaimed or returned as undeliverable, the prize will be forfeited, and an alternate Winner may be contacted.
GENERAL CONDITIONS: INTERNET CAUTION: ANY ATTEMPT BY AN INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW INCLUDING CRIMINAL PROSECUTION. If the Contest is not capable of running as planned for any reason, including without limitation, due to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Contest, Sponsor reserves the right, at its sole discretion, to disqualify any individual who is responsible or who tampers with the entry process, and to cancel, modify, or terminate the Contest. In the event of cancellation, Sponsor will award the prizes in a random manner to be determined by Sponsor. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that or any other provision. In the event that an entry is confirmed to have been erroneously deleted, lost or destroyed, entrant’s sole remedy shall be another entry into the Contest. If any provision of these Official Rules is held to be invalid or unenforceable, such provision shall be struck, and the remaining provisions shall be enforced.
LIMITATIONS OF LIABILITY AND RELEASE: No liability or responsibility is assumed by Sponsor or Promotion Parties resulting from user’s participation in, attempt to participate in, or download of any information in connection with participating in, the Contest. No responsibility or liability is assumed by the Sponsor or Promotion Parties for technical problems or technical malfunction, including, without limitation, those arising in connection with any of the following occurrences that may affect the operation of the Contest: hardware or software errors; faulty computer, telephone, cable, satellite, network, electronic, wireless, or Internet connectivity, or other online communication problems; errors or limitations of any Internet service providers, servers, hosts, or providers; garbled, jumbled, or faulty data transmissions; failure of any email transmissions to be sent to or received; lost, late, delayed, or intercepted email transmissions; inaccessibility of the website in whole or in part for any reason; traffic congestion on the Internet or web site; unauthorized human or non-human intervention in the operation of the Contest, including without limitation, unauthorized tampering, hacking, theft, virus, bug, worm; or destruction of any aspect of the Contest. Sponsor is not responsible for any typographical errors in the announcement of the prize or these Official Rules, or any inaccurate or incorrect data contained on the website. Use of web site is at user’s own risk. Sponsor and the Promotion Parties are not responsible for any personal injury or property damage or any other losses of any kind that may be sustained to user’s or any other person’s computer equipment resulting from participation in the Contest, use of the web site or the download of any information from the Web Site, or any other loss related to user’s participation in the Contest or receipt of any prize. As a condition of entering, entrants agree to release Sponsor, Promotion Parties and Facebook, Inc. from any and all liability, loss, or damage incurred with respect to entrant’s participation in the Contest and the awarding, receipt, possession, and/or use or misuse of any prize, including any traveling related thereto.
PUBLICITY: Except in Tennessee, and where prohibited by law, by accepting a prize, winners (or winners’ parent/legal guardian, if winner is a minor) grant permission for Sponsor and those acting under its authority to use their name, and address (city and state), photograph, voice and/or likeness, for advertising and/or publicity purposes, in any and all media (including posting on Web Site) now known or hereinafter invented without territorial or time limitations and without further notice to and without additional compensation. If you are selected as a winner, your information may also be included in a publicly-available winner’s list.
BINDING ARBITRATION: Any controversy or claim arising out of or relating to a Promotion shall be settled by binding arbitration 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, in accordance with the procedural rules for commercial disputes set forth in the Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules and Procedures”) then prevailing, 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 and Procedures. The arbitrator shall apply ILLINOIS 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 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 CONTEST IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE OFFICIAL RULES.
BY PARTICIPATING IN A PROMOTION, 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 PROMOTION, 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 CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (3) 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), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) ENTRANT’S 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 EVERY ENTRANT.
GOVERNING LAW & JURISDICTION: The Promotion Terms and the BERNINA of America, LLC. Promotion are governed by US law and are subject to all applicable federal, state and local laws and regulations. All issues and questions concerning the construction, validity, interpretation and enforceability of the Promotion Official Rules, or the rights and obligations of Entrant and Sponsor in connection with the BERNINA of America, LLC. Promotion, shall be governed by, and construed in accordance with, the laws of the State/Commonwealth of Illinois, U.S.A., without giving effect to the conflict of laws rules thereof, and any matters or proceedings which are not subject to arbitration as set forth in Section 11 of these Official Rules and/or for entering judgment on an arbitration award, shall take place in the State of Illinois, in the City of Aurora.
WINNERS LIST: The names of the winners will be posted on the WeAllSew blog (www.weallsew.com) within 30 days of Sweepstakes completion, and will otherwise be available upon request by sending an e-mail request to [email protected], no later than December 15, 2024.
SPONSOR: BERNINA of America, LLC., 3702 Prairie Lake Court, Aurora, IL 60504.
