The GEM Holiday Giveaway: Rules and Conditions
The GEM organizes and sponsors promotions, giveaways, and contests awarding various prizes to participants. The promotions, giveaways, and contests are regulated by Contest Rules (hereinafter “Rules”). Participation in any of these contests constitutes the Participant’s agreement and acceptance of these Rules. All federal, state, local, municipal laws and regulations apply.
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE OR CONTRIBUTION TO THE GEM WILL NOT INCREASE YOUR CHANCES OF WINNING.
This Contest is open to those who enter to win at www.instagram.com/thegemjuicebar and who are 18 years of age or older as of the date of entry. The Contest is only open to legal residents of the state of Texas, and is void where prohibited by law. Employees of The GEM and other companies associated with the promotion of the Contest, its affiliates, subsidiaries, advertising and promotion agencies, and suppliers, and immediate family members (spouse, parents, siblings, and children) and/or those living in the same household of Employees are not eligible to participate in the Contest. The Contest is subject to all federal, state, local, municipal laws and regulations.
Contest Period – start and end date
Entries will be accepted online starting on December 16, 2019 at 5:00PM CST and ending Tuesday, December 18, 2019 at 11:59PM CST. Entries that are submitted before or after the Contest Period will be disqualified.
The Contest must be entered by submitting a comment on the Giveaway entry announcement post, in which another Instagram user or page must be appropriately tagged, and by following The GEM @TheGemJuiceBar at instagram.com/thegemjuicebar. Each tag counts as one entry, and participants can tag more than once. The individual must meet all Contest requirements to be eligible to win a prize. Incomplete entries or the ones which are not in alignment with the rules, requirements, and specifications will be disqualified by The GEM. Any attempt of circumvention of the rules will result in immediate disqualification from the Contest.
Participants must meet all required fields (including, if applicable, the following instructions on how to properly enter to win) or the entry will be characterized as incomplete and will not qualify.
Original Content; Ownership
By participating in the Contest, each Participant guarantees that they are the exclusive owner of the copyright and all other proprietary rights in any and all materials and content submitted by the Participant to enter the Contest. The Participant further claims and guarantees that they have the right to grant to any third party the right to use, reproduce, distribute, perform and display any photo, display name or text other information obtained from the user’s Instagram profile. Any unauthorized samples or performances of another artist’s material could be subject to fines, royalty fees, and/or legal action for which the Participant agrees to indemnify, defend and hold The GEM harmless. The GEM may use any photo, audio file, video, or text on-demand on The GEM’s or its affiliates’ websites.
Rights Granted by Contest Participants
By entering this Contest and sending your information, the Participant understands and agrees that The GEM and/or anyone acting on behalf of The GEM has the right, where permitted by law, to use the content and personal information for any promotional purposes without limitation and without any further compensation, notice, review, or consent.
Disclaimer of Responsibility
The GEM is not responsible for problems with Contest entries, including but not limited to, entries which are lost, late, misdirected, damaged, incomplete, illegible, or cannot be completed due to electronic or technical difficulties, even if the problem is the result of the sole or partial negligence of The GEM.
Winner of the Contest (hereinafter “Winner”) will receive a Trusted Lab CBD variety pack, including one 5-pack of Daytime CBD Gummies, one 5-pack of Night Time CBD Gummies, a Full Spectrum CBD Tincture (1500mg), one Pharmaceutical Skin Care Cream with CBD- Extra Strength (2 oz), one 5-flavor variety pack of SuperPop protein bars, and one YES Bar snack bar variety pack.
The prize cannot be redeemed for cash or substituted for another prize, and is non-transferable. Prize-related expenses including all federal, state, and local taxes represent the sole financial responsibility of the Winner. The prize is given with no written, express, or implied warranty. Any prize not claimed within 30 days will be forfeited by the winner and remain the property of The GEM. Acceptance of the prize gives The GEM permission to use the Winner’s personal details and photo, video, or text for advertising purposes without further compensation, unless it is prohibited by law.
Winner Selection and Notification
Winner will be selected by random drawing, under the supervision of The GEM. Winner will be informed about the prize by direct message on Instagram within 7 days following the Winner selection to claim the prize. The GEM is not responsible if the Winner fails to receive the notice about the prize due to any security settings or provision of incorrect contact information. If the Winner fails to respond within the required time period, the prize may be forfeited and an alternate Winner may be selected based on the aforementioned judging criteria. If the Winner is considered a minor in their place of residence, The GEM reserves the right to place the prize in the name of the Winner’s parent or legal guardian who will be requested to sign the Declaration of Claim on the Winner’s behalf. Acceptance of the prize given in this Contest is in accordance with any and all federal, state, and local laws and regulations. If the Winner is disqualified for any reason, The GEM is not obliged to provide an alternate prize or extend the Contest Period in any way, and all privileges as Winner will be terminated immediately. Participants who provide false, fraudulent or deceptive entries or who engage in false, fraudulent or deceptive acts in connection with the Contest will be disqualified and subject to criminal prosecution.
How to Claim the Prize
The Winner can choose to have their prize mailed, or to pick up their prize at The GEM’s business office located at 6030 Luther Ln #160, Dallas, TX 75225. The prize may be picked up any time between the hours of 8 a.m. – 5 p.m. CST Monday-Saturday, excluding holidays. If the prize is mailed to the Winner, they assume the risk of the prize’s safe arrival.
Winners are required to provide (1) a valid government-issued photo identification depicting the proof of age and (2) a valid taxpayer identification number or social security number. The social security number will be used for tax-reporting purposes. The GEM reserves the right to deny awarding the prize if the winner fails to provide a satisfactory identification.
Terms & General Conditions
The GEM reserves the right to cancel, terminate, modify or suspend the Contest should virus, bug, non-authorized human intervention, fraud, or any other cause affect the administration, security, fairness, or proper conduct of the Contest. If such case occurs, The GEM may select the Winner from all eligible entries. Any attempt by an entrant to deliberately damage the Winner selection process and the legitimate operation of the Contest may be a violation of criminal and civil laws.
Limitation of Liability
By entering the Contest, You agree to release and hold harmless The GEM and its subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, officers, and directors from any liability, illness, injury, death, loss, litigation, claim, or damage that may occur, directly or indirectly, whether caused by negligence or not, from:
(i) such entrant’s participation in the Contest and/or his/her acceptance, possession, use, or misuse of any prize or any portion thereof;
(ii) technical failures of any kind, including but not limited to the malfunction of any computer, cable, network, hardware, software, or other mechanical equipment;
(iii) the unavailability or inaccessibility of any transmissions, telephone, or Internet service;
(iv) unauthorized human intervention in any part of the entry process or the Contest;
(v) electronic or human error in the administration of the Contest or the processing of entries.
Disputes and Arbitration
THIS CONTEST IS GOVERNED BY THE LAWS OF THE UNITED STATES OF AMERICA AND THE STATE OF TEXAS, WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. As a condition of participating in this Contest, the participant agrees that any and all disputes that cannot be resolved between the parties, and causes of action arising out of or connected with this Contest, shall be resolved individually, without resort to any form of class action, exclusively before a court located in the State of Texas having jurisdiction.