glasses-usa-halloween-t-cs

Glasses USA Halloween T&Cs

UNiDAYS Glasses USA Halloween Sweepstake Terms & Conditions - USA Part A – Standard Sweepstakes Terms NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT WILL NOT IMPROVE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW. 
  1. Promoter: The promoter is Myunidays Limited of 2 Castle Boulevard, Nottingham, NG7 1FB, UK. Prize suppliers are not sponsors of the sweepstakes.  Nothing contained in these Terms and Conditions or in any of the sweepstakes materials should be construed as an endorsement by the Promoter of any third party, product, or service.
  1. Eligibility
    1. The Winner and his/her guest must be at least 18 as of [10/25/2016] and will be required to sign, have notarized, and return an Affidavit of Eligibility and Liability/Publicity Release within 1 calendar day of Prize notification. If any Winner or guest, if applicable is younger than the age of majority in his/her jurisdiction of residence as of [10/25/2016], then such individual’s parent or legal guardian must provide written permission allowing the Winner to accept the Prize and the Affidavit of Eligibility and Liability/Publicity Release must be signed and submitted by a parent or legal guardian.
    2. This sweepstakes is not open to:
      1. Employees, officers or directors of the Promoter or its affiliates or subsidiary companies;
      2. employees, officers or directors of agents of the Promoter or subsidiary companies, who are professionally connected with the sweepstake or its administration ((i) and (ii) collectively, “Promoter Parties”); or
  • members of the immediate families or households of (i) and (ii) above.
  1. The Promoter will not accept and will not count sweepstake entries that are:
    1. automatically generated by a computer (including systems which can be programmed to vote) or by macros;
    2. completed by third parties or in bulk;
  • illegible, have been altered, reconstructed, forged or tampered with; or
  1. incomplete.
  1. Entries on behalf of another person will not be accepted and joint submissions are not allowed.
  2. Participants must have a verified UNiDAYS® account at all times during the sweepstakes period.
  3. By entering the sweepstake, you confirm that you are eligible to do so and eligible to claim any prize you may win. The Promoter may require you to provide proof that you are eligible to enter the sweepstakes and if you cannot, you may be disqualified from the sweepstake.
  4. If it becomes apparent that a participant is using a computer(s) to circumvent the condition in (2)(c)(i), for example by masking their identity by manipulating IP addresses, using identities other than their own or any other automated means in order to participate in the sweepstake, that participant will be disqualified and any prize awarded will be void. Further, any participants who (i) tamper with the participation process or the operation of the sweepstakes, (ii) act in violation of these Terms and Conditions; (iii) act in an unsportsmanlike manner or with the intent to disrupt or undermine the legitimate operation of the sweepstake or (iv) to abuse or harass any other person, may be disqualified and any prize awarded will be void.
  1. Acceptance of Terms and Conditions
    1. Together the “Part A - Standard sweepstake Terms” and “Part B - Specific Sweepstakes Terms” constitute the Terms and Conditions applicable to the sweepstakes.
    2. Please read the Terms and Conditions carefully and make sure that you understand them, before taking part in the sweepstakes. By submitting a sweepstake entry, you are agreeing to be bound by these Terms and Conditions and by the decisions of Promoter, which shall be final and binding on all matters pertaining to the sweepstake.
    3. By entering the sweepstakes, each participant also agrees to comply with any and all applicable federal, state, and local statutes, rules, regulations, and other laws (“Laws”) in connection with his or her participation in the sweepstakes.
    4. This sweepstake may be advertised on or accessed through one or more social media platforms, such as Facebook or Twitter. However, the sweepstake is in no way sponsored, endorsed, or administered by, or associated with, any such platforms.  When entering the sweepstake participants are providing information to Promoter and not to such platforms.  Participants agree to comply with all terms and policies governing such platforms in connection with the sweepstake.
  1. Data Protection
    1. If you are the winner of the sweepstake, you agree that the Promoter and its designees may use your name, image and town, county or region of residence to announce the winner of this sweepstake and for any other reasonable and related promotional purposes, in any media now known or hereafter devised, throughout the world, in perpetuity, without additional compensation or consideration, notification or permission, except if you are a resident of Tennessee or as otherwise prohibited by applicable Laws.
    2. By entering, you agree that if you win, you will participate, for no additional fee, in any reasonable publicity arranged by the Promoter, its agents or suppliers, except if you are a resident of Tennessee or as otherwise prohibited by applicable Laws.
    3. By entering the sweepstake, you agree that any personal information provided by you with the sweepstake entry may be held and used only by the Promoter or its agents and suppliers to administer the sweepstakes and for the purposes set out in these Terms and Conditions.
    4. Any personal information collected by the Promoter will be processed in accordance with applicable data protection laws and the Promoter’s privacy policy available at https://www.myunidays.com/content/privacy-policy. In the event there is an inconsistency between the Promoter’s privacy policy or any sweepstakes promotional materials and the provisions of these Terms and Conditions, these Terms and Conditions shall prevail and govern.
    5. By entering this sweepstake you agree that the Promoter may use the data collected from you for the purposes of sending you marketing communications on sales and promotions operated by the Promoter. The data will not be disclosed by the Promoter to any other organisation that is not associated with the Promoter unless you have opted in to such communications when entering the sweepstake. 
  1. Ownership of sweepstake entries and intellectual property rights
    1. All sweepstakes entries and any accompanying material submitted to the Promoter will become the property of the Promoter on receipt and will not be returned.
    2. By submitting your sweepstake entry and any accompanying material, you hereby grant to the Promoter and its designees a non-exclusive, worldwide, royalty-free, unconditional, irrevocable and perpetual licence to use any intellectual property rights in the sweepstakes entry to use, display, publish, transmit, copy, edit, alter, store, re-format and sub-licence the sweepstakes entry for such purposes.
    3. Where applicable, by submitting your sweepstake entry you confirm that:
      1. the sweepstakes entry is an original entry and has not been copied wholly or substantially from any other source;
      2. you are the owner of all rights in the sweepstakes entry;
  • the sweepstakes entry is not defamatory or offensive, as determined in Promoter’s sole discretion; and
  1. the sweepstake entry does not infringe the rights of any third-party.
  1. Where applicable, to the extent that your sweepstake entry includes a third-party image, you confirm that any rights arising in such image have been waived for that use. If an image is of a person under 18, parental or guardian consent must be provided.
  2. You hereby agree to provide evidence of any required consents at the Promoter’s request. If you fail to provide such evidence, the Promoter may, in its sole discretion, disqualify you from entering the sweepstakes.
  1. Promoter’s Rights
    1. If the Promoter reasonably believes you have breached these Terms and Conditions, the Promoter may exclude you from participating in the sweepstake.
    2. The Promoter reserves the right, at its sole discretion, to hold void, suspend, modify, or withdraw the sweepstakes at any time, where it becomes necessary to do so as a result of events outside of its control. In that event, Promoter will use reasonable efforts to post notice via its website www.myunidays.com or any other method of wide dissemination.
  1. Limitation of Liability
    1. The Promoter accepts no responsibility for withdrawal of the sweepstake, system errors or other issues that may result in disruption to lost, delayed or not received entries or winner notifications that are the result of events outside of the Promoter’s control.
    2. The Promoter or its agents will not be responsible for the non-inclusion of entries as a result of technical malfunction, systems, network, server, computer hardware or software failures or otherwise.
    3. By entering the sweepstake, each participant agrees that neither the Promoter, nor any advertising or social media platform, such as Facebook or Twitter, on which the sweepstake is advertised or through which it is accessed, shall be responsible for and, to the maximum extent permitted by Law, releases and holds harmless the Promoter Parties and each such advertising or social media platform from and against, any and all claims, injuries, damages, liabilities, costs, expenses, or losses of any kind relating to the sweepstakes, these Terms and Conditions, or any prize.
    4. Insofar as is permitted by law, the Promoter, its agents or distributors will not in any circumstances be responsible or liable to compensate the winner or accept any liability for any loss, damage, personal injury or death occurring as a result of taking up the prize, except where it is directly caused by the fault of the Promoter, its agents or distributors or that of their employees.
NEITHER PROMOTER NOR ANY OTHER PROMOTER PARTY, SHALL BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE SWEEPSTAKES, THESE TERMS AND CONDITIONS, OR ANY PRIZE, HOWSOEVER CAUSED, WHETHER ARISING IN TORT, CONTRACT, STRICT LIABILITY, OR OTHER LEGAL THEORY, AND REGARDLESS OF WHETHER SUCH PROMOTER PARTY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ALL SUCH DAMAGES ARE HEREBY DISCLAIMED AND EXCLUDED.
  1. Contact
For help with entries or any questions relating to the sweepstake please see www.myunidays.com
  1. Governing law
These Terms and Conditions shall be governed under the laws of state of [New York]. Any dispute arising from, or related to, your use of the service shall be subject to the non-exclusive jurisdiction of the courts of [New York]. The sweepstakes is void where prohibited or restricted by law and is subject to applicable Law.  Entry in the sweepstakes does not constitute entry into any other sweepstakes, contest, or other promotion. Except where prohibited, each participant agrees that any and all disputes, claims, and causes of action arising out of or connected with these Terms and Conditions, this sweepstake, or any prize shall be resolved individually, without resort to any form of class action. Part B – Specific Sweepstakes Terms
  1. Additional eligibility criteria
Open only to permanent, legal U.S. residents who are physically residing in one (1) of the forty-eight (48) continental United States or the District of Columbia (excluding Alaska, Hawaii, Puerto Rico, Guam, the Virgin Islands and other United States territories).
  1. Entry Mechanics
    1. The sweepstakes will run from [18.00pm UTC] on [10/25/2016] to 23.59pm UTC on [10/30/2016] inclusive.
    2. All sweepstakes entries must be received by the Promoter by no later than the Closing Date. All sweepstake entries received after the Closing Date are automatically disqualified.
    3. To enter the sweepstake the entrant must vote for their favourite pair of glasses by commenting on the UNiDAYS Facebook post here https://www.facebook.com/unidays/?fref=ts. Entrants can only enter once and must be a verified UNiDAYS user.
    4. No purchase or payment to Promoter is necessary; however internet connection may be required.
  1. The Prize
    1. The prize is a pair glasses frames from the ‘MUSE’ collection. https://www.glassesusa.com/muse-eyewear
    2. There is 1 prize to be won as set out at 12 a. above.
    3. Prizes are subject to availability.
    4. There is no cash alternative for the prize.
    5. The Promoter reserves the right to replace the prize with an alternative prize of equal or greater value if circumstances beyond the Promoter’s control make it necessary to do so.
    6. The prize is not negotiable or transferable.
    7. The value of each prize may be taxable to each Winner (as defined below) as income. If required, an IRS Form 1099 will be issued by the Promoter in the name of each Winner for the value of the prize(s) received.  Each Winner shall be solely responsible for all federal, state, provincial and/or local taxes (including income and withholding taxes), and the reporting consequences thereof, for any other fees or costs associated with the applicable prize(s), and for any other liabilities incurred in connection with any prize.
  1. Deciding the winner(s)
  1. On or around 10/31/2016, at 2 Castle Boulevard, Nottingham, NG7 1FB, UKthe Promoter will randomly select from the pool of eligible participants 1 winner who will be awarded only the prize for which that Winner was randomly selected, as described above. The odds of winning each prize depend on the total number of eligible participants who enter the sweepstake.
  1. Winner announcement
    1. The Winner(s) of the sweepstake may be announced on Twitter within 2 days of the sweepstakes closing date.
    2. The decision of the Promoter is final and no correspondence or discussion will be entered into.
    3. A list of Winners (including name, county/region and winning entry) is available for [six (6) months] from the Announcement Date. The list of Winners is available upon sending a written request including a stamped self-addressed envelope (Vermont residents may omit the return postage) to the Promoter at: 2 Castle Boulevard, Nottingham, NG7 1FB, UK.
  1. Claiming the Prize
    1. The winner will be contacted by email within 2 working days of the Announcement Date on 10/31/2016. Promoter shall have no liability for any Prize Notification that is lost, intercepted, or not received by the potential winner for any reason.
    2. The Promoter will make all reasonable efforts to contact the winner. In order to claim a prize, each Winner may be required to verify for the Promoter his or her permanent address and social security number, for the purposes of compliance with tax regulations. Upon the Promoter’s request, each Winner must also execute and return, where legally permissible, a declaration of eligibility, a liability release, and/or a publicity release. If the Winner cannot be contacted, does not respond within forty-eight (48) hours of the Prize Notification(or a shorter time if required by exigencies), if the prize(s) or Prize Notification is returned as unclaimed or undeliverable to such potential winner, the Winner is not available, if a potential Winner fails to comply with any of the verification or release requirements identified in this Section within ten (10) days of request, or if the potential Winner is found to be ineligible, has not complied with these Terms and Conditions, has not claimed their prize within 21 days of the Prize Notification, or declines the prize(s) for any reason prior to award, such potential winner will be disqualified and forfeit his or her prize, and the Promoter reserves the right to offer the prize to the next eligible entrant selected in the same manner (a “Reserve Winner”).
    3. The prize may not be claimed by a third party on your behalf.
    4. The Promoter does not accept any responsibility if you are not able to take up the prize.

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