1. HOW TO ENTER: No purchase or payment of any kind is necessary to enter or win this 12 DAYS GIVEAWAY Promotion 2019 (the “Promotion”). A purchase will not increase your chance of winning the Promotion. The Promotion begins 12:00 am PST on December 1, 2019 and ends at 11:59 pm PST on December 12, 2019 (“Promotion Period”). Throughout the Promotion Period, you may enter the Promotion by submitting one comment on each days’ post (https://thechrisellefactor.com/ (the “Blog”))for all relevant posts during the Promotion Period. You may comment on each post at any time prior to the end of the Promotion Period.
Incomplete (including, without limitation, failure to include the above hashtag), illegible, false or deceptive entries are void. Winner will be picked at random no later than one business week from the ending of the promotion. Chriselle Inc., the company that owns and operates The Chriselle Factor blog and brand (“TCF”), computer will serve as the official time keeping device for this Promotion. All entries submitted become the sole property of TCF and will neither be acknowledged nor returned.
2. ELIGIBILITY: From the official time and date of the start of the Promotion Period through the final date of prize fulfillment, you must be a lawful permanent U.S. citizen and resident currently residing in the 48 contiguous United States. You must also be at least 18 years of age as of the official time and date of the start of the Promotion Period. The Promotion is void in Alaska, Hawaii, Puerto Rico and the U.S. Virgin Islands, U.S. Military installations in foreign countries, and all other U.S. territories and possessions where restricted or prohibited by law. Entry is subject to all local laws. This Promotion shall be governed by laws of the United States. Employees of TCF and their advertising and promotion agencies, and any other entities participating in the design, promotion, marketing, administration or prize fulfillment of this Promotion, as well as each of their parent corporations, subsidiaries and affiliated companies (collectively, “Promotion Entities”), and their immediate families (defined as spouse, mother, father, sisters, brothers, sons, daughters, uncles, aunts, nephews, nieces, grandparents and in-laws, regardless of where they live) and members of their households (whether or not related), are ineligible to participate in this Promotion.
3. DRAWING AND NOTIFICATION: The potential prize winner will be selected from all eligible entries received (individually, “Entrant” and collectively, “Entrants”) during the Promotion Period, as fully stated in section 1 above, by TCF whose decisions are final and binding in all respects (“Potential Prize Winner”). Odds of winning the Prize, as defined in section 4 below, depend on the number of eligible entries received. Potential Prize Winner will be contacted via email. Failure of Potential Prize Winner to respond to such notification within 48 hours may result in disqualification of Potential Prize Winner and an alternate Potential Prize Winner will be selected (“Alternative Potential Prize Winner”). Alternate Potential Prize Winner shall be contacted as soon as practicable in the same manner as Potential Prize Winner and shall also have 48 hours to respond. TCF reserves the right to modify the notification procedures in connection with the selection of Alternate Potential Prize Winner, if any. AN ENTRANT IS NOT A WINNER OF ANY PRIZE UNLESS AND UNTIL ENTRANT’S ELIGIBILITY HAS BEEN VERIFIED AS FULLY STATED HEREIN, AND ENTRANT HAS BEEN NOTIFIED VERIFICATION IS COMPLETE (“Winner”).
4.1 Two (2) Winners will receive the respective prize per respective entry (the “Prize”).
4.2 Approximate Retail Value (“ARV”): varies per respective prize
4.3 TCF is not responsible if any part of the Prize is delayed, postponed or canceled for any reason and Winner will not be reimbursed for the ARV of the Prize. TCF is not responsible if Winner does not use the Prize. Prize is non-transferable and no substitution will be made. TCF reserves the right to substitute an alternative prize for one of equal or greater value if the Prize should become unavailable for any reason.
4.3 Limit one (1) Prize per person/household. Any costs associated with Prize receipt are the sole responsibility of the Winner.
4.4 Winner(s) are responsible for obtaining identification documents required for redemption of the Prize. TCF will not replace any lost or stolen Prize once in the Winner’s possession.
5. General Prize Conditions: Payments of all federal, state and local taxes are solely the responsibility of the Winner. Winner will be required to sign an Affidavit of Eligibility, Liability and Publicity Release form and may be required to complete and submit an IRS form W – 9 to TCF indicating the Winner’s full Social Security Number or equivalent for the receipt of any Prize awarded by TCF in a calendar year with an aggregate value of $600 or more. Failure to submit a complete W-9 or equivalent will result in forfeiture of the Prize.
6. PRIZE ELIGIBILITY: IF ANY POTENTIAL PRIZE WINNER IS NOT ABLE TO REDEEM THE PRIZE WITHIN 48 HOURS, THE POTENTIAL WINNER WILL BE DISQUALIFIED AND WILL RECEIVE NOTHING. AN ALTERNATE POTENTIAL PRIZE WINNER WILL BE SELECTED. A POTENTIAL PRIZE WINNER IS NOT A WINNER OF ANY PRIZE UNLESS AND UNTIL ENTRANT’S ELIGIBILITY HAS BEEN VERIFIED AS FULLY STATED HEREIN, AND ENTRANT HAS BEEN NOTIFIED VERIFICATION IS COMPLETE. No compensation will be made in the event that the Prize is not awarded. If Potential Prize Winner fails to sign and return required eligibility documents within this time, or if an Entrant is found to be ineligible, or if an Entrant does not comply with these Official Rules, then Potential Prize Winner will be disqualified and an Alternate Potential Winner will be selected. Entrant waives the right to assert as a cost of winning the Prize any and all costs of verification and redemption to redeem said Prize and any liability which might arise from redeeming or seeking to redeem said Prize. TCF is not responsible for fraudulent calls or emails made to Entrants not from TCF. All federal, state or other tax liabilities (including income taxes) arising from this Promotion will be the sole responsibility of the Winner. Except where prohibited by law, Entrant’s entry and acceptance of the Prize constitutes permission for the Promotion Entities to use the Winner’s name, photograph, likeness, statements, biographical information, voice, city and state address for promotional or advertising purposes in connection with this Promotion on a worldwide basis, and in all forms of media, now or hereafter known, in perpetuity, without review permission or further compensation. All entries are subject to verification prior to awarding of Prize. Eligibility, age and claims made by a Potential Prize Winner are also subject to verification prior to awarding of the Prize.
7. PROMOTION CONDITIONS – VOID WHERE PROHIBITED: This Promotion is subject to all applicable federal, state and local laws of the United States. By participating, Entrants agree to be fully and unconditionally bound by these Official Rules and the decisions of TCF and waive any and all right to claim ambiguity in the Promotion or these Official Rules. Winner and Entrants also agree to release, discharge, indemnify and hold harmless the Promotion Entities and YouTube and each of their respective officers, directors, employees, representatives and agents from and against any claims, damages, disability, attorneys’ fees, and costs of litigation and settlement, as well as any liability due to any injuries, damages or losses to any person (including death) or property; of any acceptance, possession, ownership, misuse of any Prize; or participation in any distribution; or in production errors. TCF may rescind any promotion found to contain such errors without liability at its sole discretion. THE PROMOTION ENTITIES DO NOT MAKE ANY WARRANTY, REPRESENTATION OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT OR IN LAW, RELATIVE TO THE USE OF ANY PRIZE, INCLUDING, WITHOUT LIMITATION, QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. FURTHER, NO RESPONSIBILITIES ARE ACCEPTED FOR ANY ADDITIONAL EXPENSES, OMISSIONS, DELAYS OR ACTS OR GOVERNMENT OR AUTHORITY.
8. RESTRICTIONS – VOID WHERE PROHIBITED: TCF may at TCF’s sole and absolute discretion: (i) provide different prizes of different or greater value; TCF shall not be liable to any Entrant or Winner or any person claiming through such Entrant or Winner for failure to supply the Prize or any part thereof, reason of any acts 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, threatened terrorist acts, terrorist acts, air raid, blackout, act of public enemy, earthquake, war (declared or undeclared), fire, flood, epidemic, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal) labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any other cause beyond TCF’s sole control. TCF shall not be liable for any loss or damage to the Prize.
9. LIMITATION OF LIABILITY: Promotion Entities are not responsible for: (1) lost, late, misdirected, undeliverable or incomplete entries due to system errors or failure, or faulty transmissions or other telecommunications malfunctions and/or entries; (2) technical failures of any kinds; (3) failures of any of the equipment or programming associated with or utilized in the Promotion; (4) unauthorized human and/or mechanical intervention in any part of the entry process or the Promotion; (5) technical or human error which may occur in the administration of the Promotion or the processing of entries; or (6) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or part, from Entrant’s participation in the Promotion or receipt or use of any Prize. If for any reason an Entrant’s entry is confirmed to have been erroneously deleted, lost or otherwise destroyed or corrupted, Entrant’s sole remedy is another entry in the Promotion. If for any reason this Promotion is not capable of running as planned, including, but not limited to, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, or any other causes beyond the reasonable control of TCF which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Promotion, then TCF reserves the right at its sole discretion to cancel, terminate, modify, or suspend all or any part of the Promotion and to select potential winners from among all eligible entries received by TCF up until the time of such cancellation, termination, modification or suspension, as applicable. By entering this Promotion you are giving your permission to receive emails from TCF. CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, TCF RESERVES THE RIGHT TO SEEK CIVIL AND/OR CRIMINAL PROSECUTION AND DAMAGES (INCLUDING ATTORNEYS’ FEES) FROM ANY SUCH ENTRANT TO THE FULLEST EXTENT OF THE LAW.
10. JURY TRIAL WAIVER: EXCEPT AS PROHIBITED BY LAW AND AS A CONDITION OF PARTICIPATING IN THIS PROMOTION, ENTRANT HEREBY WAIVES ANY RIGHT HE/SHE MAY HAVE TO A TRIAL BY JURY IN RESPECT TO ANY LITIGATION DIRECTLY OR INDIRECTLY ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS PROMOTION, ANY DOCUMENT OR AGREEMENT ENTERED INTO CONNECTION HEREWITH AND ANY OF THE TRANSACTIONS CONTEMPLATED HEREBY OR THEREBY.
11. APPLICABLE LAWS AND JURISDICTION. This Promotion is subject to all applicable federal, state, and local laws and regulations. Issues concerning the construction, validity, interpretation and enforceability of these Official Rules for this Promotion shall be governed by the laws of the State of Utah, without regard to any principles of conflict of laws. All disputes arising out of or connected with this Promotion will be resolved individually, and without resort to class action, exclusively by a state or federal court located in Los Angeles, California. Should there be a conflict between the laws of the State of California and any other laws, the conflict will be resolved in favor of the laws of the State of California. To the extent permitted by applicable law, all judgments or awards shall be limited to actual out-of-pocket damages (excluding attorneys’ fees) associated with participation in this Promotion and shall not include any indirect, punitive, incidental and/or consequential damages.
13. This Promotion is in no way sponsored, endorsed or administered by or otherwise associated with YouTube.
14. RULES/WINNERS LIST: For the name and address of prize winner(s) send an email to email@example.com. In the subject of the email, type “12 DAYS GIVEAWAY”. TCF shall only release the first name, the last initial and state of residence of the winner to those requesting this information.