Official Rules

NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. BY ENTERING THE SWEEPSTAKES YOU AGREE TO RECEIVE EMAIL MESSAGES FROM THE SPONSOR.

Eligibility: The Brilliance New York Gold Indulgence Face Mask Set Giveaway (the “Sweepstakes”) is open only to legal residents of the fifty (50) United States and the District of Columbia who are at least eighteen (18) years old at the time of entry. Entrants must subscribe to the company’s free VIP email list in order to enter. Employees of ThermGem, Inc. (dba Brilliance New York), and their parent and affiliate companies, advertising agencies, as well as the immediate family (spouse, parents, siblings and children) and household members of each such employee are not eligible. The Sweepstakes is subject to all applicable federal, state, and local laws and regulations and is void where prohibited. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor’s decisions, which are final and binding in all matters related to the Sweepstakes. Winning a prize is contingent upon fulfilling all requirements set forth herein.

Sponsor: ThermaGem, Inc. (dba Brilliance New York), 298 NE 183rd Street, Miami, FL 33179.

Timing: The Sweepstakes begins on August 27, 2014 at 10:00 a.m. Eastern Time (“ET”) and ends on September 5, 2014 at 11:59 p.m. ET (the “Promotion Period”). Sponsor’s computer is the official time-keeping device for the Sweepstakes.

Entering the Sweepstakes: During the Promotion Period, visit https://eepurl.com/1Oq1jand follow the instructions to subscribe to the Sponsor’s VIP email list. You must subscribe to this free email list to enter. Limit: Each participant may enter one (1) time during the Promotion Period. Multiple entrants are not permitted to share the same email address. Any attempt by any entrant to obtain more than one (1) entry by using multiple/different email addresses, identities, registrations and logins, or any other methods will void that entrant’s entries and that entrant may be disqualified. The odds of winning depend on the number of eligible entries. Do not submit duplicate entries.

Use of Entrant Information: All information submitted as part of your entry become subject to Brilliance New York’s Terms of Use. Brilliance New York will send all entrants emails about the Site and/or Brilliance New York’s products. Entrants may unsubscribe or opt out from receiving such additional emails by following the instructions at the footer of the email message or by contacting [email protected]

Drawings: Sweepstakes winner selection will be made on or around September 8th, 2014. One random winner will be selected from all eligible entries. The winner is announced as soon as commercially reasonable after the drawing. Brilliance New York’s decisions are final. Brilliance New York notifies each winner via email. If a potential winner cannot be contacted, the email address is invalid or fails to respond within 48 hours of the initial contact attempt, the potential winner forfeits the prize. The potential winner must continue to comply with all terms and conditions of these Official Rules, and winning is contingent upon fulfilling all requirements. In the event that a potential winner is disqualified or winner declines the prize for any reason, the Sponsor will award the Prize to an alternate winner by random drawing from among all remaining eligible entries. Only three (3) alternate drawings will be held, after which the Prize will remain un-awarded. If a dispute arises over entitlement to a prize, the winner is the entry made by the Authorized Account Holder of the email used at time of entry or person to whom the email account was assigned by the appropriate agency, internet service provider, business, or organization. Prizes will be awarded approximately 4-5 weeks after the conclusion of the Sweepstakes. Prizes are non-transferable and no substitution will be made except as provided herein at the Sponsor’s sole discretion.

Prize: The winner will receive one (1) 24K Gold Indulgence Face Mask Set with Approximate Retail Value (“ARV”) of $3,999. The winner is responsible for paying all taxes and expenses associated with the prize.

Publicity: Winners may be required to complete a declaration of eligibility and a publicity release before receiving the prize. By accepting the prize you are granting Brilliance New York the right to use your entry, name, profile pictures, city, state, image and likeness for promotional purposes without compensation or notice to the extent permitted by law.

Release: By receipt of any prize, winners agree to release and hold harmless the Sponsor, Administrator, and their respective subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and prize suppliers, and each of their respective parent companies and each such company’s officers, directors, employees and agents (collectively, the “Released Parties”) from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Sweepstakes or receipt or useor misuse of any prize. The Sponsor is not responsible for (1) typographical errors, misdirected or incomplete entries; or (2) computer or telecommunication system failures or similar disruptions to email services and/or the Internet.

Not Affiliated with Facebook, Inc.: Although promoted on Facebook, this Promotion is in no way sponsored, endorsed, affiliated or administered by, or associated with Facebook, Inc. Information is being provided to Sponsor, not Facebook. You also understand that by using and interacting with www.facebook.com, you are subject to the terms, conditions, and policies that govern the use of www.facebook.com. You should consequently review the applicable terms and policies for www.facebook.com, including privacy and data gathering practices, before using or interacting with Facebook.

General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Sweepstakes, or any part of it, if any fraud, technical failures or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Sweepstakes, as determined by Sponsor in its sole discretion. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be tampering with the entry process or the operation of the Sweepstakes or to be acting in violation of these Official Rules or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.

Limitations of Liability: The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Sweepstakes; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Sweepstakes; (4) technical or human error which may occur in the administration of the Sweepstakes or the processing of entries; (5) late, lost, undeliverable, damaged or stolen mail; or (6) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Sweepstakes or receipt or use or misuse 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 Sweepstakes, provided that, if it is not possible to award another entry due to discontinuance of the Sweepstakes, or any part of it, for any reason, Sponsor, in its sole discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any or all of the prizes offered herein. No more than the stated number of prizes will be awarded. In the event that production, technical, seeding, programming or any other reasons cause more than the stated number of prizes as set forth in these Official Rules to be available and/or claimed, Sponsor reserves the right to award only the stated number of prizes by a random drawing among all legitimate, un-awarded, eligible prize claims.

Disputes: Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with the Sweepstakes or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court Southern District of Florida or the appropriate Eleventh Judicial Circuit of Florida located in Miami Dade County, Florida; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Sweepstakes, but in no event attorneys’ fees; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased.  All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Florida without giving effect to any choice of law or conflict of law rules (whether of the State of Florida or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Florida.

Entrant’s Personal Information: Information collected from entrants is subject to the Sponsor’s Privacy Policy on www.brilliancenewyork.com.

Winner List: For a winner list, visit www.facebook.com/BrillianceNewYork. The winner list will be posted on Brilliance New York’s Facebook page after winner confirmation is complete.

 

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