BERNINA’s We Heart Our Fans Contest (“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 December 29, 2017 at 10:00:00 am Central Time (“CT”) and ends on December 31, 2017 at 10 am CT (the “Contest Period”). The Web Site/Contest Application server is the official clock for this Contest.
- ASSIGNMENT/OVERVIEW: Leave a Comment on the Facebook contest post “We Heart Our Fans.” and answer the following question: What new sewing project or skill do you plan to tackle in the New Year?
- 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.
- WINNER SELECTION: The winner will be drawn randomly.
- PRIZES AND APPROXIMATE RETAIL VALUES (“ARVs”): One (1) Grand Prize: One Olfa 45mm Ergonamic Rotary Cutter valued at $20, one (1) Clearview 12″ Triangle 60 Degree Ruler valued at $25, one (1) Isacord selection of six (6) 1,000 meter spools of thread valued at $36, one (1) Aurifil 12 thread spool box valued at $12. Approximate Retail Value (“ARV”): $93.00.
- 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 Grand 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 seven (7) days of attempted mail 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 web site. 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 Announcement: The Winner will be announced on the BERNINA USA Facebook wall within two weeks after the contest ended.
- SPONSOR: BERNINA of America, LLC., 3702 Prairie Lake Court, Aurora, IL 60504.