Memorial Day Sweepstakes Terms and Conditions
No purchase necessary to participate or claim offer. Void where prohibited by law. Employees of Thing Daemon, Inc. (“Sponsor”), Twitter, Inc. (“Twitter”), Instagram, Inc. (“Instagram”), Facebook, Inc. (“Facebook”) and their respective parents, subsidiaries, affiliates, promotion and advertising agencies and members of their immediate family (spouse, parent, sibling or child and their respective spouses, regardless of where they reside) and persons living in the same household of such employees, whether or not related, are not eligible to participate.
No Purchase Necessary. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED OR RESTRICTED BY LAW. To be eligible, entrants must also be eighteen (18) years of age or older as of time of entry.
Promotion Period: The Promotion begins at 12:00 am EST on May 24, 2014 and ends at 11:59 pm EST on May 26, 2014. Sponsor reserves the right to extend the Promotion Period. Sponsor is the official time keeping device for the Sweepstakes.
Eligibility. The Sweepstakes is open to individuals who at the time of entry are: (i) are at least eighteen (18) years of age or older at the time of entry, (ii) have a valid registered account on the Site or Applications, and (iii) have a registered account with Twitter, located at www.twitter.com, and / or Instagram, located at www.instagram.com, and / or Facebook, located at www.facebook.com. Each person eligible to enter the Sweepstakes may make only one entry during the Promotion Period. In the event that more than one entry is made by any one eligible person during the Promotion Period, the first entry identified by the Sponsor will be considered the only valid entry that day. Employees and their immediate families (i.e., parents, spouse, children, siblings, grandparents, step parents, step children and step siblings) of Thing Daemon, Twitter, Instagram and Facebook and each of their respective affiliated companies, sponsors, subsidiaries, advertising agencies and third party fulfillment agencies (collectively, the “Sweepstakes Entities”) are not eligible to enter this Sweepstakes. By participating in this Sweepstakes, entrants: (a) agree to be bound by these Official Rules and by the interpretations of these Official Rules by the Sponsor, and by the decisions of the Sponsor, which are final in all matters relating to this Sweepstakes; (b) release and hold harmless Sponsor and their respective agents, employees, officers, directors, affiliates, successors and assigns, against any and all claims, injury or damage arising out of or relating to participation in Sweepstakes and/or use or misuse or redemption of a Prize (as hereinafter defined); and (c) acknowledge compliance with these Official Rules. Entrant’s name, likeness, Tweets, images, and public usernames may be used by Thing Daemon for promotional purposes without additional compensation unless prohibited by law.
To Participate. During the Promotion Period, from your Twitter and / or Instagram and / or Facebook account, post an image (collectively “Post,” or “Postings”), of the Fancy VIP Pass along with the hashtag(s) #FANCYVIPDEALS and #[your Fancy username] to be eligible for entry. A Twitter, Instagram, or Facebook account is required to enter and can be opened for free at http://twitter.com, http://instagram.com or http://facebook.com, respectively. BY POSTING THE IMAGE AND THE SPECIFIED HASHTAG, YOU AGREE TO THESE OFFICIAL RULES. If you elect to enter the sweepstakes via Twitter, you are required to follow the Official Fancy Twitter account located at twitter.com/fancy. If you elect to enter the sweepstakes via Instagram, you are required to follow the Official Fancy Instagram account located at instagram.com/fancy. If you elect to enter the sweepstakes via Facebook, you are required to follow the Official Fancy Facebook account located at facebook.com/fancy. Please note that if you do not respond to the Winners notification described in the Official Rules, you will be disqualified and an alternate Winner may be selected. Automated Postings or tweets or Postings sent via a bot will be disqualified. All entries submitted in accordance with these Official Rules shall be hereinafter referred to as “Eligible Entries”. In the event of a dispute over who submitted a winning online entry, the authorized subscriber of the Twitter and / or Instagram account and / or Facebook account used to participate in the Sweepstakes at the actual time of entry will be deemed to be the entrant. The authorized account subscriber is defined as the natural person who is assigned a Twitter or Instagram or Facebook account by Twitter or Instagram or Facebook, respectively. All entries become the property of Sponsor and will not be acknowledged or returned. All entries must comply with the Terms of Service available on the Twitter and Instagram and Facebook websites. Creating multiple Twitter, Instagram or Facebook accounts in order to exceed the limits on Entries permitted by these Official Rules may result in the disqualification of all Entries from such accounts. Important note: If your Twitter, Instagram or Facebook account has privacy settings, your updates/responses may not be visible in Sponsor’s inbox and may not thus be received by Sponsor unless you previously consented to permit Sponsor to see the your Twitter and / or Instagram Postings. If you opt to use Twitter, Instagram or Facebook via your wireless mobile device (which may only be available via participating wireless carriers and is not required to enter the Sweepstakes), standard text messaging and/or data rates may apply for each message sent or received from your handset according to the terms and conditions of your service agreement with your wireless carrier. Other charges may apply (such as normal airtime and carrier charges) and may appear on your mobile phone bill or be deducted from your prepaid account balance. Wireless carriers’ rate plans may vary, and you should contact your wireless carrier for more information on messaging rate plans and charges relating to your participation in this Sweepstakes. Participation in this Sweepstakes by mobile device means that you understand that you may receive additional messages by mobile device relating to this Sweepstakes, including notifying you if you are a Winner, which may be subject to charges pursuant to your carrier’s rate plan. Text messaging may not be available from all mobile phone service carriers and handset models. Mobile device service may not be available in all areas. Check your phones capabilities for specific instructions.
Prize Winner Selection/Notification. A Winner (“the Winner”) will be randomly selected during the Promotion Period. Sponsor will make up to one (1) attempt following the Winner selection to contact the potential Prize Winner via the Prize Winner’s email address associated with the Winner’s Fancy account. If any potential winner does not respond within twenty-four (24) hours of being contacted, the potential winner will be disqualified and an alternate winner will be selected from among the remaining applicable Eligible Entries received. This process will be repeated until a potential eligible winner responds.
Prize Winner Verification. The potential winner must prove eligibility, including, without limitation, proof of age and residence within three (3) days of being notified as a potential winner. In the event of non-compliance by any potential winner such potential winner may be disqualified and all privileges otherwise due as a winner shall be terminated and an alternative potential winner may be chosen from among all of the remaining applicable Eligible Entries received if time permits in Sponsor’s sole discretion. The Winner must sign within three (3) days of receipt of the following documents from Thing Daemon: (a) an affidavit of eligibility and release of Sweepstakes Entities and its respective officers, directors, employees, agents and members (“Releases”), from any and all liability, loss, claims, demands, and causes of action for personal injury and/or damage, theft, loss, or any other harm suffered in connection with this Sweepstakes or the use/misuse or acceptance of the Prize (as hereinafter defined) or any portion thereof to be eligible for the Prize; and (b) except where prohibited by law, a promotional release granting Sweepstakes Entities the right to use his/her name and likeness for advertising and publicity purposes without additional compensation and (c) any other documentation required by Sponsor, including a W9 form and Winners’ social security number, if applicable, for tax purposes (collectively, the “Releases”). Entry into this Sweepstakes constitutes agreement to sign such Releases. Winners also must acknowledge that Sponsor have not and will not obtain or provide insurance of any kind relating to the Prize and that the Winner will be responsible for obtaining and paying for any life, travel, accident, property or other form of insurance relating to the Prize. The Winner must also complete any additional legal documents provided by Sponsor (or third party on its behalf, if applicable) with respect to the Prize and return them as instructed within the time frame specified by Sponsor or Winner may forfeit Prize at Sponsor’s sole discretion. Failure to return all such documents and comply with deadline, noncompliance with these Official Rules or the return of any prize or prize notification will result in disqualification and selection of an alternate winner. All decisions of the Sponsor relating to the Sweepstakes are final. Sponsor expressly reserves the right to delay the announcement of the Winners for creative or technical reasons or for any other reason Sponsor deems necessary.
Prize. The Winner will receive one (1) Fancy $100 gift card good for use on Fancy.com. The approximate retail value (“ARV”) of the Prize to be awarded in this Sweepstakes is $100.00 (US). If for any reason any Prize related event is delayed, cancelled or postponed, Sponsor reserves the right, but is not obligated, to cancel or modify the Sweepstakes in its discretion and shall award a substitute prize of equal or greater value. The Winner explicitly waives all future claims or causes of action against Thing Daemon, Inc. for use of the Prize.
General Prize Terms. Arrangements for fulfillment of the Prizes will be made by Sponsor. All costs and expenses not specifically listed above, including, without limitation, any equipment to be used in connection with the Prizes are solely Winner’s responsibility. The value of the Prize may be taxable to the Winners as income. Winners who are residents of the United States may need to supply Sponsor with his/her social security numbers for tax purposes. An IRS Form 1099 may be issued in the name of the Winners, or if a minor in the jurisdiction in which he/she resides, in the name of his/her parent or legal guardian, for the actual value of the Prize received. Upon entry into the Sweepstakes, the Winners (as well as all other entrants) is required to comply with any and all applicable federal, state, and local laws, rules, and regulations. All federal, state and local taxes or customs duties (if any), and any other costs and expenses associated with the Prize not specifically provided for in these Official Rules, are solely the Winners’ responsibility. Sponsor shall have no responsibility or obligation to the Winners or potential Winners who are unable or unavailable to accept or utilize the Prize as described herein. No substitution, transfer or cash equivalent of the Prize or any portion thereof is permitted, except by Sponsor, in which case a prize of comparable or greater value may be awarded.
General Terms. Participants release the Sponsor and its agents from all claims and damages associated with the Sweepstakes. Subject to all federal, state and local laws. Void where prohibited or restricted by law. By participating, Participants accept and agree to these terms, which shall be final in all matters. Noncompliance with any of these Official Rules may result in disqualification. Participants also agree to hold the Sponsor, its affiliates, directors, officers, employees and assigns harmless against any and all claims and liability arising out of participation in the promotion. Sponsor is not responsible for lost or late entries, or for technical, hardware or software malfunctions, lost or unavailable network connections, or failed, incorrect, inaccurate, incomplete, garbled or delayed electronic communications whether caused by the sender or by any of the equipment or programming associated with or utilized in this promotion, or by any human error which may occur in the programming of this promotion or additional cellular usage fees for participation in the promotion. If, in the Sponsor’s opinion, there is any suspected evidence of tampering with any portion of the promotion, or if technical difficulties compromise the integrity of the promotion, the Sponsor reserves the right to modify or terminate the promotion in a manner deemed reasonable by the Sponsor, at the its sole discretion. THE NEW YORK COURTS (STATE AND FEDERAL) SHALL HAVE SOLE JURISDICTION OF ANY CONTROVERSIES REGARDING THE CONTEST AND THE LAWS OF THE STATE OF NEW YORK SHALL GOVERN THE CONTEST. EACH ENTRANT WAIVES ANY AND ALL OBJECTIONS TO JURISDICTION AND VENUE IN THESE COURTS AND HEREBY SUBMITS TO THE JURISDICTION OF THOSE COURTS. Entrants agree to indemnify and hold harmless the Sponsor, Twitter, Instagram and Facebook from any and all liability resulting or arising from the Sweepstakes, to release all rights to bring any claim, action or proceeding against any Party listed herein, and hereby acknowledge that no Party has neither made nor is in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to the Prize.
SPONSOR: Thing Daemon, Inc. New York, New York 10012. Twitter, Instagram and Facebook are not sponsors of the promotion, and are in no way responsible for the administration of the promotion or these Terms.