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QVC Social Media Promotions
GENERAL OFFICIAL RULES
NO PURCHASE OR PAYMENT OF ANY KIND NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. SOCIAL MEDIA ACCOUNT REQUIRED TO ENTER. Void where prohibited or restricted by law.
ARBITRATION NOTICE: BY ENTERING, YOU AGREE THAT DISPUTES BETWEEN YOU AND ANY PROMOTION ENTITY ARISING OR RELATING TO THE PROMOTION AND ANY ELEMENT THEREOF WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A JURY TRIAL, CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. See Disputes/Arbitration provision.
OVERVIEW: The Promotion pertains only to QVC officially sponsored social media promotions advertised and/or facilitated through QVC Social Media pages on various social media platforms anticipated to include Instagram and/or Facebook (“Social Media Platforms” “Platform” or “Social Media”). Sponsor may, from time to time but without obligation, announce a sweepstakes through one or more Platform(s) where eligible consumers may be provided an opportunity to complete a stated activity to enter for a chance to win the stated prize(s) (“prize”) (each is a “Sweepstakes”). Sponsor may conduct one or more different Sweepstakes, at same or similar time(s) on the same Platform. Each Sweepstakes is entirely separate from any other Sweepstakes whether run on the same or other Platform (even if they may have different, same or similar components or details). Prizes are available for each respective Sweepstakes unless otherwise stated, and because each Sweepstakes is entirely separate, non-winning entries do not carry over into other Sweepstakes, if any. Duration of a Sweepstakes, prize quantities, values and other details may vary, and will be as stated. Selected potential winner(s) may be contacted via DM or email after a Sweepstakes for prize fulfillment (in Sponsor’s sole discretion). IMPORTANT NOTICE: BY ENTERING, YOU UNDERSTAND AND AGREE THAT SELECTED POTENTIAL WINNERS ARE NOT FINAL UNTIL VERIFIED BY SPONSOR. Sponsor may work in partnership with one or more of our promotion partners, vendors, manufacturers and/or retailers in connection with a Sweepstakes. The Promotion and any element thereof will be governed by these official rules (the “Official Rules”), which will generally apply and are incorporated by this reference into every Sweepstakes, and any Sweepstakes specific terms such as prize, prize quantities/details, time periods or instructions that vary from these general Official Rules etc., will be communicated in connection with the particular Sweepstakes (“Specific Terms”). The Specific Terms are incorporated herein, will supplement and be in addition to these Official Rules. For ease of reference, where applicable, all Sweepstakes and related Specific Terms and activities are collectively included in the reference to “Promotion” herein. The Specific Terms will be communicated in connection with each specific Sweepstakes, through a call-to-action communicated through Sponsor’s and/or Promotion Entities official Social Media Pages via the respective Social Media Platform(s) (“Sweepstakes CTA”). Usually, the Official Rules and the Specific Terms work together (collectively the “Rules”), but occasionally, Sponsor may need to adjust some of these Official Rules for a particular Sweepstakes and in such case those specific changes will be stated in connection with a Sweepstakes in the Specific Terms.
ELIGIBILITY: The Promotion is offered in the fifty (50) United States including D.C. (“U.S.”) to eligible individuals who are legal residents of and physically residing in the U.S., 18 years of age or older (“Participants”). Employees, officers and directors of QVC, Inc. (“Sponsor”), its parent, subsidiary and affiliated companies, advertising and promotion agencies and any other individuals or entities, including Promotion partners and/or prize suppliers, vendors, manufacturers and retailers, and their respective talent (including but not limited to invited celebrities, hosts, guests and other personalities), and any others who are engaged directly or indirectly in the development of, the production, distribution or review of materials for, or the administration, execution or implementation of the Promotion or any element thereof (collectively the “Promotion Entities”) and persons in the immediate family of such individuals (spouse, parent, child, sibling, partners and their respective spouses, foster and step-relations) regardless of where they reside, or those living in their same household (whether or not related) as any person in any of the preceding categories are not eligible to enter or win a prize. Further, any individual whose QVC account has been closed and not reinstated by QVC is not eligible to enter or win.
PROMOTION PERIOD: Unless otherwise stated in the Sweepstakes CTA (defined below), it is anticipated that each Sweepstakes entry period will begin on the first day stated at 12:00 am ET and end on the last day stated at 11:59 pm ET (“Entry Period”). Entries will not be valid after an Entry Period has expired. Eastern time will generally be the applicable time zone applied. Participants are solely responsible for determining the correct time zone in their respective jurisdictions; Promotion Entities disclaim all liability or responsibility relating thereto. The Social Media Platform’s server/computer is the official time keeping device for the Promotion.
TO ENTER: During the applicable Entry Period, eligible Participants must follow the specific instructions in the Sweepstakes CTA in order to enter (“Entry”). Unless otherwise stated, limit one (1) Entry per person, per Sweepstakes (regardless of Entry method used if applicable). To enter, it is anticipated that a Sweepstakes CTA may ask Participants to follow Sponsor’s Social Media page, like the Sweepstakes-specific post, post an appropriate comment to such post, reply using @ and/or a given hashtag, and/or tag a known contact (friend) in the comments, or similar activities (“Entry”). There may be an opportunity to receive a bonus Entry by completing a certain activity (such as tagging an additional person in the comments). Please only tag individuals who would be otherwise eligible to enter the Sweepstakes, and who have given consent to be tagged. Your privacy settings must be set to public and cannot be set to “off” or “private” to participate in our Sweepstakes. There is no purchase (of any QVC item) required to enter or win. Any and all information, materials and content submitted become part of an Entry and are governed by the Rules. Any Entry that does not (in Sponsor’s sole discretion) appear to be accurate, truthful, compliant, submitted in good-faith, or that fails to follow all steps and include all requirements and information required may be disqualified. Sponsor reserves the absolute right at any time to disaffirm in any manner it sees fit, any Sweepstakes and all related elements thereof that are not, or are suspected of not, being authorized by QVC in any or all respect.
ENTRY SPECIFICS: Entry for each Sweepstakes must be timely received by Sponsor. Sponsor has the right to verify Participants’ eligibility and compliance with the Rules and, on the basis of its investigation, to disqualify any Entry/Participant at any time and require immediate prize return if applicable. Entries may only be submitted by an individual; group or commercial submissions are not permissible. Incomplete, invalid, unsuitable, or otherwise non-compliant Entries (as determined in Sponsor’s absolute discretion) will not be eligible. If, upon review, Sponsor (or its authorized representative) is unable to determine that an Entry and/or Participant is eligible, compliant, or reasonably suspects that it/he/she is not eligible or compliant in whole or in part, the Entry as a whole may be disqualified. Proof that an Entry was uploaded does not constitute proof or evidence that it was received within the Entry Period or eligible for a Sweepstakes. Entries will not be acknowledged or returned. Entries submitted via any other entry method than stated in the Sweepstakes CTA will not be accepted. Participants may not (whether apparent or suspected) enter through a sweepstakes/contest club or exchange site (or similar method, whether or not paid), with multiple or false identities, accounts, handles, IP addresses, or devices, or use multiple e-mail and/or street addresses, or use any other device or artifice to enter or participate. Engaging directly or indirectly in any (apparent or suspected) artifice, cheating, fraud, spamming, phishing, harassment, on-line clubs (or similar methods), exchange sites, bot/robotic, automatic, macro, programmed or like participation methods as determined in Sponsor’s sole and absolute discretion, will void all such Entries, and disqualify any Participant suspected of using/benefitting from such methods from participating in that and future Promotions.
If Sponsor’s product and/or brand or a Promotion partners’ brand and/or product is/are featured and/or mentioned in the Entry it/they must be featured truthfully and accurately, or else Entry will be immediately disqualified. Participant must NOT defame any person or entity, submit or name an alias or fictional person, or tag someone that hasn’t given consent, someone that they don’t know, or tag the same friend or name multiple times, or else those Entries (suspected of being non-compliant in Sponsor’s sole discretion) may be disqualified. In addition to all other restrictions and conditions stated or incorporated elsewhere herein, Entries must NOT appear to condone, promote, contain, depict or describe in any manner illegal, discriminatory, dangerous, harmful, offensive, cruel, unsafe, demeaning, disgusting, highly political or sensitive topics, over-consumption, or any other improper or unsuitable activities/content or will be subject to disqualification.
PARTICIPATION USING A MOBILE DEVICE: Normal internet access and device usage charges imposed by your mobile plan and/or on-line service may apply to participation via mobile device. Promotion may not be available via all mobile carriers. Messaging & data rates apply to internet access or text via mobile devices. Other charges may apply; check your mobile plan for rates/details. Consent is not a condition of any purchase.
REPRESENTATIONS ABOUT YOUR ENTRY: By submitting an Entry, Participants represent and warrant (and agree to release and indemnify Promotion Entities from same) that: they have the absolute right and all requisite consents to submit such Entry (including the name, handle, likeness, image, voice and any other information disclosed or conveyed about/by any and all individuals and venues included therein), and submitting such Entry does not appear to violate or infringe the rights of any individual or other third party, entity or venue, will not constitute a violation of law or policies, and will not bring Sponsor or the Promotion Entities into public disrepute, scandal or embarrassment; their Entry submitted and all content therein is truthful and accurate, has not been created for or submitted in any other Promotion or copied in whole or in part from any other work, and is the sole and exclusive property of the Participant (or Participant has the full consent to submit it herein for all uses contemplated); the Entry does not contain, depict, condone, encourage or promote activities or content prohibited by these Rules; the Entry does not depict, refer to or contain in any respect information about an individual under the age of 13; and any individuals mentioned, featured in, or who have worked on the Entry, in whole or in part, in any manner have given Participant their consent to submission of Entry into the Promotion and the use contemplated. If requested by Sponsor, Participant shall provide evidence of the above in writing. Nothing herein shall be deemed an obligation of confidentiality.
Any trademarks, logos, brand names, venues, sponsorships or any other intellectual property appearing in any way in connection with this Promotion, prizing, or any Entry are the property of their respective owners, which are not sponsors or affiliated with this Promotion in any way.
LICENSE: At the time an Entry is submitted, whether or not selected as a winner, Participants grant to Sponsor a non-exclusive, fully paid and royalty-free, transferable, sub-licensable, worldwide license to use the Entry, in whole and in part, and all the information, and intellectual and property rights therein including the right to display, reproduce and make derivative works, in (un)altered or modified/composite format, through-out the world, and further agree to execute all documents and perform all acts deemed necessary by Sponsor to protect Sponsor’ license in the intellectual property. Participants understand and agree by granting this license their Entry may be modified, edited, distorted, used in whole or in part, alone or in combination with other works, used in illusory or composite form, or in any other manner, as solely determined by Sponsor in any media and medium whatsoever now known or hereinafter developed (including without limitation print, broadcast, radio, internet, and posted throughout Sponsor’s and (unrelated) third parties’ digital, on-line, and off-line social media, marketing and advertising properties, and/or any other media/medium through-out the world) without further compensation or review. Participants will not now nor in the future be paid for their Entry or for granting any of these rights.
RANDOM DRAWING/ODDS/WINNER ANNOUNCEMENT: It is anticipated that one or more potential winner(s) (as stated in the Sweepstakes CTA) will be selected in a random drawing (“selected winner”) conducted by Sponsor (or its authorized representative) on or within approx. fifteen (15) working days after the end of a Sweepstakes Entry Period from among all eligible Entries received for that Sweepstakes. Odds of winning depend on the number of eligible Entries received for the applicable Sweepstakes. Unless otherwise stated, non-winning Entries will not carry over into subsequent Entry Periods or Sweepstakes. Selected winner(s) may be notified using direct message and asked to respond with the information stated within the time specified by Sponsor. In the event there is more than one Participant with the same identifiers, only the Participant who receives the official DM prize notice from Sponsor as provided above is deemed a selected winner. The selected winner will then have the time stated in the DM to provide information or follow the instructions communicated by Sponsor. Any selected winner announced or who receives a prize notification is not a final winner and has not yet won at that point; winning status and prize award are subject to verification and compliance, and once determined a winner will be given instructions to claim their prize. If a selected winner cannot be reached with one attempt via the Social Media Platform, declines or refuses the prize for any reason, fails to follow the instructions, fails to (timely) respond or reply on or within the time specified by Sponsor in any notification, is non-compliant, or is found to be ineligible, they will forfeit the prize. Once notified, a selected winner will not be notified again. Promotion Entities shall have no liability for any communication and/or prize notification that is intercepted, not received, not delivered, misdirected due to privacy settings or to spam or junk folders, not timely acted upon, or otherwise not responded to by a selected winner for any reason whatsoever, and the prize will be forfeited. After one unsuccessful attempt to award a prize to a selected winner in any particular Sweepstakes, that prize will remain unawarded; there will not be a second-chance drawing in the Promotion or any element thereof.
Prize or prize notifications that are unawarded, unclaimed, undelivered, misdelivered, refused, or returned will not be re-awarded. Depending on the prize in a particular Sweepstakes, Participants understand and agree that potential winner(s) (and other prize recipients if applicable) may be required to sign, have witnessed and return a Declaration of Eligibility, Liability and Publicity Release within the time specified by Sponsor, or else such prize will be forfeited.
PRIZES/Approximate Retail Value (“ARV”): It is anticipated that a prize or prize bundle for each Sweepstakes will range in value from $10 up to a max. value of $599; however, prize(s) available to be awarded in a Sweepstakes will be as stated in the Sweepstakes CTA, including available prize quantities, denomination and approx. retail value. Prize award for each Sweepstakes is subject to verification of eligibility and compliance with these Official Rules and Specific Terms, and Declaration, if any. Prizes are anticipated to vary in retail value but may consist of individual or bundled items, or other merchandise products or gift card. Any gift card, voucher or certificate issued as a prize if any is for promotional purposes only, may not be replaced by Sponsor if lost, misplaced, stolen, damaged or destroyed, and is subject to the terms and conditions of issuer. Prizes shipped within the U.S. only where USPS ships. Limit one (1) prize per Participant, per Sweepstakes. Any difference between the stated ARV and actual value of a prize will not be awarded as cash or otherwise. Any and all applicable local, state, and federal taxes and all expenses not specifically stated herein are solely the responsibility of a winner of a prize $600 or more, if applicable. Winners are advised to seek independent counsel regarding tax implications of their prize winning, if applicable. Only the description and number of prizes stated is/are available to be awarded. In no event will Promotion Entities be responsible to award more than the stated number of prizes, or prizes in different denominations than stated for the respective Sweepstakes. Prizes will be awarded only assuming sufficient eligible Entries are received for that particular Sweepstakes. If because of technical, typographical, mechanical, communication or other errors or for any other reason, there are more claims for a prize in any level than prizes offered for a Sweepstakes, and only if considered equitable and feasible by Sponsor, a random drawing will be held among all eligible non-suspect claimants in such category to award such prize for the respective Sweepstakes. Prizes cannot be assigned, transferred, redeemed for cash, or substituted, except by Sponsor who may, at its sole and absolute discretion, substitute a prize, or any item thereof with a prize or substitute item of equal or greater value. Prizes, and any element thereof, including any products received as a prize, may not be sold, resold, auctioned, bartered, or placed into any other unauthorized channels of distribution. Any prize or element of a prize pictured or communicated in connection with a Sweepstakes is for illustrative purposes only and may not be the actual prize awarded. WITH THE EXCEPTION OF ALL VALID MANUFACTURER’S WARRANTIES WITH RESPECT TO A PRIZE, ALL PRIZES IN THE PROMOTION ARE PROVIDED "AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
INDEMNIFICATION & RELEASE: BY PARTICIPATING, PARTICIPANTS AGREE TO THE FULLEST EXTENT PERMITTED BY LAW TO RELEASE, DISCHARGE AND HOLD HARMLESS THE SPONSOR, OTHER PROMOTION ENTITIES, AND THEIR PARENT, AFFILIATES AND SUBSIDIARY COMPANIES, ADVERTISING AND PROMOTION AGENCIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, INDEPENDENT CONTRACTORS, REPRESENTATIVES AND AGENTS, AND THE APPLICABLE SOCIAL MEDIA PLATFORM (“RELEASED PARTIES”) FROM AND AGAINST ANY AND ALL ALLEGED AND/OR ACTUAL CLAIMS, CAUSES OF ACTION, DEMANDS, LOSSES, SETTLEMENTS (WHETHER OR NOT LITAGATION IS COMMENCED), LIABILITIES AND DAMAGES OF ANY KIND WHATSOEVER EXISTING NOW OR ARISING IN THE FUTURE (INCLUDING, WITHOUT LIMITATION, BODILY INJURY, PERSONAL INJURY, DEATH, DISABILITY AND PROPERTY DAMAGE, VIOLATION OF PROPRIETARY, PUBLICITY, PRIVACY OR ANY OTHER RIGHT), COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES, COURT COSTS, SETTLEMENT AND DISBURSEMENTS) DIRECTLY OR INDIRECTLY ARISING OUT OF USE OF THE ENTRY IN WHOLE OR IN PART, THE ACCEPTANCE, POSSESSION, USE OR MISUSE OF A PRIZE, PARTICIPATION IN THIS PROMOTION AND A SWEEPSTAKES AND/OR PRIZE RELATED ACTIVITIES (OR INABILITY TO PARTICIPATE IN ANY PART THEREOF), ACCESS TO ANY PLATFORM OR WEBSITE (OR INABILITY TO ACCESS), AND/OR ANY OTHER PROMOTION RELATED ACTIVITY. By entering and/or accepting a prize, Participants and winners covenant to the fullest extent permitted by law not to sue any Released Party or cause them to be sued regarding any matter released above, and not to disaffirm, limit or rescind these releases. A waiver by one or more of the Promotion Entities of any term in the Rules does not constitute a waiver of any other provision. Any provision determined under applicable law to be invalid shall be struck from the Rules and the remainder shall continue in full force and effect.
LIMITATIONS OF LIABILITY: Promotion Entities are not responsible for any incorrect or inaccurate information, whether caused by any Platform, network or streaming service, website users, human error, tampering, hacking or by any of the equipment or programming associated with or utilized in the Promotion or any element thereof and assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, incompatibility, communications failure, theft, loss or destruction of Entries, nor for the failure to capture Entry or other information in the Promotion or part thereof. Promotion Entities are not responsible for injury or damage to Participants' or to any other person's computer and/or mobile device related to or resulting from downloading materials from or use of any Platform, device, network, or website. Without limiting any other provision herein, if for any reason the Promotion or any element thereof is not capable of running as planned by reason of, but not limited to, tampering, unauthorized intervention, fraud, force majeure, technical or other failures or errors, or any other causes similar or dissimilar which Sponsor deems, in its sole opinion, could corrupt or affect the administration, security, fairness, integrity or proper conduct of the Promotion or any element thereof, Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Promotion or any element thereof and may select the applicable Sweepstakes winner(s) from non-suspect, eligible Entries received prior to the action or as otherwise may be deemed equitable by Sponsor. In the event of any discrepancy, ambiguity, inconsistency, printing or any other error or miscommunication in any advertising, brochures, Promotion materials, announcements and/or any other information or communications by any person/entity in whatever media/medium relating to this Promotion or any element thereof, these Official Rules shall govern.
GENERAL CONDITIONS: Neither Sponsor nor any of the Promotion Entities are responsible for lost, late, misdirected, incomplete, unintelligible, illegible, misdirected, undelivered, or stolen Entries, or for lost, interrupted or unavailable satellite, network, server, devices, Internet Service Provider (ISP), website, platform, or other connections availability, accessibility or traffic congestion, or miscommunications, or failed equipment, computer, network, telephone, satellite, cable hardware, software or lines, or technical failure, or jumbled, scrambled, delayed, or misdirected transmissions, or network, hardware or software malfunctions, failures or difficulties, incompatibility, or errors of any kind whether human, mechanical, electronic or network, or the incorrect or inaccurate capture of any information, nor for the failure to capture any such information. ANY ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION OR ANY ELEMENT THEREOF MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING CRIMINAL PROSECUTION.
FORCE MAJEURE: Promotion Entities shall not be liable to Participants, winner(s) or any other person or entity for failure to execute the Promotion or any element thereof or supply a prize, or any part thereof, by reason of any act of God, any action(s), regulation(s) order(s) or request(s) by any governmental or quasi-governmental entity (whether or not the action(s), regulation(s), order(s) or request(s) prove(s) to be invalid), equipment failure, terrorist act, cyber-attack, earthquake, war, fire, flood, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, supply chain issues, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, cancellation or delay of any kind, epidemic or pandemic, or any similar or dissimilar event beyond their reasonable control.
PUBLICITY RIGHTS: By participating in the Promotion or any element thereof, whether or not deemed a winner, Participants grant (and agree to confirm that grant in writing if requested) permission for Sponsor and/or Sponsor's authorized representatives the right to use his/her name (in whole or in part), handle and/or username, information (including but not limited to hometown and state), likeness, image, voice, and statements for any and all reasons and purposes, including but not limited to winner notification and disclosure requirements, promotion, trade, commercial, and publicity purposes, at any time or times, in all media now known or hereafter discovered including Sponsor’s social media platforms and those of (unrelated) third parties whether or not connected with the Promotion, worldwide, including but not limited to on the World Wide Web and Internet, without notice, review or approval and without additional compensation except where prohibited by law.
DISPUTES/ARBITRATION: THIS PROMOTION AND ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE OFFICIAL RULES, OR THE RIGHTS AND OBLIGATIONS OF PARTICIPANT, SPONSOR, OR ANY OTHER PROMOTION ENTITY IN CONNECTION WITH THE PROMOTION SHALL BE GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE UNITED STATES AND THE STATE OF PENNSYLVANIA WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. As a condition of participating in this Promotion, to the fullest extent permitted by law, Participants agree that any and all disputes that cannot be resolved between the parties and causes of action arising out of or connected with this Promotion shall be resolved individually, without resort to any form of class action or a jury trial, exclusively before a neutral one person binding arbitration located in or near Philadelphia, PA having jurisdiction. Under no circumstances will Participant be permitted to obtain awards for, and Participant hereby waives all rights to claim punitive, incidental, consequential, and any other damages (other than for actual out-of-pocket expenses) and any and all rights to have damages multiplied or otherwise increased.
WINNERS LIST: For name of prize winner(s) over $25, Sponsor will post the first name, last initial and hometown/state of the respective Sweepstakes winners on or within fifteen (15) days of winner verification at Blogs - Blogs & Forums (qvc.com).
SPONSOR: QVC, Inc. 1200 Wilson Drive West Chester, PA 19380.
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