Midnight Velvet: Facebook Giveaway Rules

Midnight Velvet: Facebook Giveaway Rules

Sponsored by Midnight Velvet, Inc. 1112 7th Avenue, Monroe, WI 53566-1364.

NO PURCHASE NECESSARY TO ENTER OR WIN; a purchase will not increase your chances of winning.  The “Necklace & Earring Set Giveaway” Sweepstakes (the “Sweepstakes”) is in no way sponsored, endorsed, or administered by, or associated with, Facebook.  You understand that you are providing your information to Midnight Velvet (the “Sponsor”) and not to Facebook.  Information you provide will be used consistent with Sponsor’s Privacy Policy.

ELIGIBILITY:  You must be a legal U.S. resident 18 years of age or older physically residing in the 50 United States (includes DC) to enter or win.  Employees of Sponsor or its affiliates, sales representatives, agencies, dealers, retailers, wholesalers, distributors, and promotional and other vendor agencies involved in the promotion, and the immediate family (parent, spouse, sibling, child, grandparent) and household members of all such employees, are NOT eligible.  Sweepstakes is subject to all federal, state and local laws and regulations.  Void where prohibited or restricted by law.

HOW TO ENTER:  No purchase, entry fee, payment, or proof of purchase necessary to participate.  To enter the Sweepstakes online, visit Midnight Velvet Facebook Page and comment on the Gift Card Giveaway post located on the Midnight Velvet Facebook Timeline. A comment is required in order to be entered into the Sweepstakes, and the comment must include the hashtag: #MVgiveaway. There is no correct answer; comments will not be judged and will not affect the entrant’s chances to win.  However, comments may not defame or invade the rights or privacy of any person, living or deceased, or otherwise infringe upon any third party’s personal, proprietary, or intellectual rights; may not contain illegal or unlawful material; may not promote bigotry, racism, harm, or discrimination; and must be consistent with Sponsor’s reputation in the marketplace and be suitable for audiences of all ages.  Comments which, in Sponsor’s sole discretion, violate these conditions or which contain any type of vulgarity or objectionable content will be disqualified.

By commenting, you accept and agree to abide by these Official Rules.  Comments shared by entrants will be available for viewing worldwide on Facebook.  Limit one (1) entry per person/authorized Facebook account holder.  Sponsor is not responsible for late, illegible, corrupted, or misdirected entries.

Odds of winning depend on number of eligible entries received.

ENTRY PERIOD:  The entry period starts at 8:00 AM Central Time (“CT”) on Monday, April 22, 2024, and ends at 11:59 PM CT on Sunday, April 28, 2024 (the “Sweepstakes Period”). All entries must be received by 11:59 PM CT on April 28, 2024.  Only entries received during the entry period will be eligible; entries not received within the stated entry period will not be included. 

PRIZE AND APPROXIMATE RETAIL VALUES: One (1) randomly selected winner will be selected.  The winner will receivea Crystal Disc Multi-Strand Necklace and Earring Set. The retail value of the prize is $15.99. No substitutions allowed.

Taxes on prize are the sole responsibility of the winners.  Gift certificate subject to standard terms and conditions.  Any and all guarantees and warranties for merchandise prizes are subject to the manufacturer’s and/or service provider’s terms and conditions, and winners agrees to look solely to such manufacturers and/or service providers for any warranty or guarantee claim.  Prizes are non-transferable and no substitution or cash equivalent is allowed except in Sponsor’s sole discretion.  Sponsor reserves the right to substitute prizes of the same approximate retail value.  For prizes $600 or more in value, winner’s social security number or taxpayer identification number will be required in order to issue a Form 1099-MISC showing prize ARV as income to winners.  Prize consists only of items specifically listed as part of the prize.  All costs and expenses not specified herein, related to any prize, including but not limited to delivery, installation, service activation fees and other expenses incurred by accepting the prize, are the sole responsibility of the winners.  Prizes will be fulfilled within four weeks of the drawing.

SELECTION OF THE WINNERS:  Prize winners will be chosen by a random drawing on or about April 29, 2024.  Winners will be chosen from among all eligible entries received.  Drawing will be conducted in accordance with the Official Rules by Sponsor, whose decisions on all matters related to the Sweepstakes are binding and final.  Sponsor will announce potential winners by replying and tagging the Facebook profile from the comment submitted by the potential winners, which in turn will send a notification to the potential winners that his or her comment has been tagged. The potential winners will be required to respond as instructed in the notification message within five calendar days of his or her comment being tagged or the prize will be forfeited and alternate winners will be chosen.  Affidavit of eligibility, prize acceptance form, tax information, publicity release, and/or mutually acceptable liability releases may be required and, if so, must be returned within the specified time or prize will be forfeited and alternate winners chosen.

For the name of the winners, check back on our Facebook page at https://www.facebook.com/ShopMidnightVelvet/ , or send an email to socialmv@midnightvelvet.com within 90 days after the conclusion of the Sweepstakes.

PUBLICITY RELEASE:  Please note that all Facebook comments are available for public viewing.  Except where prohibited, acceptance of a prize constitutes winner’s consent that his or her name, likeness, voice and/or biographical data may be used for advertising and promotional purposes without limitation and without additional notice, compensation, or consent.

RELEASE:  By entering, entrant agrees to accept and abide by the rules of this Sweepstakes and agrees that any dispute with regard to the conduct of this Sweepstakes, rule interpretation, or award of prize shall be submitted to Sponsor, whose decision shall be binding and final.  By participating, entrant agrees to release and hold harmless Sponsor, Facebook, participating dealers and retailers, affiliates, sales representatives, distributors and promotional and other vendor agencies, their respective parent companies, affiliates, subsidiaries, service agencies, independent contractors, and the officers, directors, employees, agents and representatives of any of the above organizations from any injury, loss or damage to person, including death, or property due in-whole or in-part, directly or indirectly, to the acceptance or use/misuse of a prize, participation in any Sweepstakes-related activity, or participation in the Sweepstakes.

Sponsor is not responsible for any typographical or other error in the printing of this offer, administration of the Sweepstakes or in the announcement of prizes, including erroneous appearance of qualification for a prize, and under no circumstances will more than the stated number of prizes be awarded.  If for any reason Sponsor is prevented from continuing with this Sweepstakes, or the integrity and/or feasibility of the Sweepstakes is severely undermined by any event including but not limited to fire, flood, epidemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, war (declared or undeclared), terrorist threat or activity, or any federal, state or local government law, order or regulation, or any order of any court or jurisdiction, Sponsor shall have the right, in its sole discretion, to abbreviate, modify, suspend, cancel or terminate the Sweepstakes without further obligation, and without prior individual notice.  If Sponsor in its discretion elects to so abbreviate the Sweepstakes, Sponsor reserves the right, but not the obligation, to award the prize from among all eligible entries received to date.  Entries are posted on Facebook and are not the property or responsibility of Sponsor.

Sponsor has the right but not the obligation to post any submission for worldwide viewing on the internet.  Submission cannot defame or invade the rights or privacy of any person, living or deceased, or otherwise infringe upon any third party’s personal, proprietary or intellectual rights.  Submission cannot contain illegal or unlawful material, and must not promote bigotry, racism, harm or discrimination. Submission must be consistent with Sponsor’s reputation in the marketplace and must be suitable for audiences of all ages.  Submissions which, in Sponsor’s sole discretion, contain any type of vulgarity or objectionable content will be disqualified.  Submissions that do not meet these stated criteria, or entries that, in Sponsor’s sole discretion, may technically meet the stated criteria but do not reflect the intent and the spirit of the promotion, will be disqualified.

This promotion is intended for viewing in the United States only and shall be construed and evaluated only according to United States law.  Do not enter this Sweepstakes if you are not located in the United States.  The use of any automated devices in connection with this Sweepstakes is prohibited.  Sponsor assumes no responsibility for computer system, hardware, software or program malfunctions or other errors, failures, delayed computer transactions or network connections, whether human, technical or otherwise in nature.  Sponsor reserves the right, in its sole discretion, to cancel or suspend this Sweepstakes should virus, bugs or other causes beyond its control corrupt the administration, security or proper play of this Sweepstakes.  Sponsor is not responsible for any injury or damage to any person’s computer or related equipment resulting from or relating to participation in this Sweepstakes or downloading any material related to this Sweepstakes.  Entries will be deemed made by the authorized account holder of the Facebook account submitted at the time of entry.  In the event of a dispute, the potential winners may be required to provide proof that he or she is the authorized holder of the identified Facebook account.

DISPUTES/CHOICE OF LAW:  Except where prohibited, each entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by state or federal courts situated in Wisconsin, (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, but in no event attorneys’ fees, (3) no punitive, incidental, special, consequential or other damages, including, without limitation, lost profits, may be awarded (collectively, “Special Damages”), and (4) entrant hereby waives all rights to claim Special Damages and all rights to such damages multiplied or increased.  Wisconsin law, without reference to choice of law rules, governs the Sweepstakes and all aspects related thereto.