Terms and Conditions

Fall 2019 Jewelry Design Contest

Sponsored by Forever Art

November 15th – December 31st, 2019

Official Contest Rules

1. ELIGIBILITY

The Contest is open only to legal residents of the fifty (50) United States and the District of Columbia.  Entrant must also be currently enrolled as a student in a middle or high school in the United States.  Employees of Forever Art, employees of other Sponsors 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 the employees are not eligible to participate in the Contest.  All federal, state and local laws apply. Void where prohibited.

 

2. CONTEST ENTRY PERIOD

The Contest Entry Period begins on November 15, 2019, at 12:00 AM Eastern Daylight Time and ends on December 31, 2019, at 12:00 AM Eastern Standard Time. Entries that are submitted before or after the Contest Entry Period will be disqualified.

 

3. HOW TO ENTER

To enter the Contest, each Entrant must go to the Contest Website at https://foreverartjewelry.wixsite.com/inspireart/application during the Contest Entry Period, complete and submit the online entry form, and upload a photo of the Entrant’s jewelry design. The photo must meet all requirements and specifications as identified on the Contest Website. Incomplete entries or entries that do not comply with the Official Contest Rules or other entry requirements and specifications defined on the Contest Website will be disqualified. Only one entry is allowed per email address, person, and household.  Duplicate entries from the same e-mail address or same person will be automatically eliminated without notice to the Entrant. Any attempt to circumvent the Official Contest Rules will result in immediate disqualification from the Contest.  No alternative method of entry is provided.  No entries will be acknowledged or returned.

4. ORIGINAL CONTENT AND OWNERSHIP

By entering the Contest, the Entrant guarantees that they are the exclusive owner of the copyright and all other proprietary rights on all the materials and content submitted by the Entrant for the Contest. The Entrant 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 materials submitted to the Contest. The Entrant guarantees that all necessary and appropriate clearances, permissions and releases have been obtained PRIOR to submitting the materials to the Contest. Any unauthorized samples or performances of another artist’s material could be subject to fines, royalty fees, and/or legal action for which the Entrant agrees to indemnify, defend and hold Forever Art harmless. Forever Art may use any photo on Forever Art’s or its affiliates’ websites. Forever Art also holds the right to modify or alter the submitted design and/or photos in any way.

5. RIGHTS GRANTED BY CONTEST ENTRANTS

By entering this Contest and submitting the design photo, the Entrant understands and agrees that Forever Art and/or anyone acting on behalf of Forever Art 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.

 

6. CONDITIONS, DISCLAIMERS, AND LICENSE

By entering this Contest, each Entrant agrees to be bound by these Official Contest Rules and by all decisions of Forever Art (which decisions are final and binding on all matters relating to the Contest) and to comply with all federal, state and local laws and regulations. The decisions of Forever Art are final on all matters of fact, interpretation, eligibility, procedure, and fulfillment. Forever Art makes no warranties and hereby disclaims any and all warranties, express or implied, concerning any prize furnished or made available in connection with the Contest.   Forever Art 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  Forever Art.  If this Contest is not capable of running as planned, or if this Contest or any web site associated therewith (or any portion thereof) becomes corrupted or does not allow the proper operation of the Contest and processing of entries in accordance with these rules, or if infection by computer virus, bugs, tampering, unauthorized intervention, actions by Entrants, fraud, technical failures, or any other causes, in Forever Art’s sole opinion, corrupts or affects the administration, security, fairness, integrity, or proper conduct of this Contest, Forever Art reserves the right, at their sole discretion, to disqualify any Entrant implicated in such action and/or to cancel, terminate, modify, or suspend this Contest or any portion thereof. Any attempt by an Entrant or any other individual to deliberately damage any web site (including the entry site) or undermine the legitimate operation of the Contest is a violation of criminal and/or civil laws and, should such an attempt be made, Forever Art reserves the right to seek damages and other remedies from any such person to fullest extent permitted by law. If a dispute arises about who submitted an entry on the Entry Site, the entry will be deemed submitted by the authorized account holder of the e-mail account entered. The authorized account holder is deemed the natural person who is assigned to an e-mail address by an Internet access provider, service provider, or other online organization that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. A Potential Winner may be requested to provide Forever Art s to their sole satisfaction with proof that the Potential Winner is the authorized account holder of the e-mail address associated with the winning entry and that all eligibility requirements are met. All entries must be made by the Entrant only at the Entry Site. Entries made by any other individual or any entity will be declared invalid and disqualified for this Contest. The return of forms or prizes as undeliverable may result in disqualification and selection of an alternate winner, at the sole discretion of Forever Art.  In no event is Forever Art required to contact Potential Winner more than once. By entering this Contest and unless prohibited by law, the Potential Winner hereby consents to use of his/her respective name, voice, photograph and/or likeness for advertising or publicity purposes for this and similar promotions without compensation and the potential winner and guest may be required to provide a signed release acknowledging such consent, unless restricted by law. Moreover, by entering this Contest, unless prohibited by law, the potential winner agrees to grant to Forever Art, and their licensees, affiliates, and assigns, the right to print, publish, broadcast, and use, worldwide in any media now known or hereafter developed, including without limitation the World Wide Web, at any time or times, the Grand Prize Winner’s name, likeness (actual or simulated), voice (actual or simulated), and biographical information as news or information and for advertising and promotional purposes without additional consideration; and further without such additional compensation, appear for, or provide biographical information for use in, any presentation or other activity which may include filming/audio/video/electronic or other recordings and/or interviews, as may be determined from time to time by Forever Art in their sole discretion.

 

7. PRIZES

The first prize winner of the Contest will receive prototype jewelry of their own design made with precious metal and gemstone selected by Forever Art. The second and third place winners will each receive an award trophy. Honorable mentions will each receive an award certificate. Prize cannot be redeemed for cash or substituted for another prize and is non-transferable and non-exchangeable. Prize-related expenses including all federal, state and local taxes are the sole responsibility of the Winner. The prize is given with no written, express, or implied warranty. Any prize not claimed within 15 days will be forfeited by the winner and remain the property of Forever Art. The Forever Art reserves the right to substitute prizes described above at its own discretion for a prize of equal or greater value. Additional restrictions may apply. Any and all expenses not expressly listed here are the responsibility of the prize winners. ALL TAXES (INCLUDING WITHOUT LIMITATION FEDERAL, STATE, AND LOCAL TAXES) IN CONNECTION WITH THE PRIZE, AND THE REPORTING CONSEQUENCE THEREOF, ARE THE SOLE RESPONSIBILITY OF THE PRIZE WINNER.  Prize Winner may be sent a tax form 1099.  

 

8. WINNER SELECTION AND NOTIFICATION

Submissions will be judged on the categories of overall design and artistry, originality, artistic abilities, and creativity. Winners will be selected by judges under the supervision of Forever Art. Winners will be informed by email and social on January 20, 2020. Forever Art is not responsible if a Winner fails to receive the notice due to any security settings or provision of incorrect contact information. If a winner fails to respond within the required time period, the prize may be forfeited, and an alternate Winner may be selected.  If a winner is considered a minor in their state of residence, Forever Art 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 a Winner is disqualified for any reason, Forever Art is not obligated to provide an alternate prize or extend the Contest Period in any way, and all privileges as Winner will be terminated immediately. Entrants 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.

 

9. HOW TO CLAIM THE PRIZE

Upon Winner notification and within seven (7) days from the Winner notification, prize Winners are required to provide Forever Art via email at forever.art.jewelry@gmail.com copy of valid government-issued photo identification or student identification for the proof of age and identity. The first prize winner is also required to provide their social security number or tax identification number for tax-reporting purposes. Forever Art reserves the right to deny awarding the prize to a winner if the winner fails to provide all required identifications.  The prize for each Winner will be shipped to the Winner within fifty (50) days from the Winner notification or when all required Winner identification information is received by Forever Art, whichever is later.  The Winner will assume the risk of the prize’s safe arrival through the mail.

 

10. LIMITATION OF LIABILITY

In no event will Forever Art and its subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, officers, and directors be responsible or liable for any damages or losses of any kind, including without limitation direct, indirect, incidental, consequential, or punitive damages, arising out of any access to and/or use of the Contest Website, the downloading from and/or printing material downloaded from the Contest Website, the removal from the Contest Website of, or discontinuation of access to, any materials, or the acceptance, possession, use, or misuse of, or any harm resulting from the acceptance, possession, use or misuse of, or participation in, any prize awarded in connection with the Contest. Without limiting the foregoing, the Contest, all Prizes, and all materials provided on or through the Contest Website are provided “as is” without warranty of any kind, either express or implied, including without limitation the implied warranties of merchantability, fitness for a particular purpose, and non-infringement

Furthermore, by entering the Contest, the Entrant agrees to release and hold harmless Forever Art 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:

  1. such Entrant’s participation in the Contest and/or his/her acceptance, possession, use, or misuse of any prize or any portion thereof;

  2. technical failures of any kind, including but not limited to the malfunction of any computer, cable, network, hardware, software, or other mechanical equipment;

  3. the unavailability or inaccessibility of any transmissions, telephone, or Internet service;

  4. unauthorized human intervention in any part of the entry process or the Contest;

  5. electronic or human error in the administration of the Contest or the processing of entries.

  1. DISPUTES AND ARBITRATION

THIS CONTEST IS GOVERNED BY THE LAWS OF THE UNITED STATES AND MARYLAND, WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. As a condition of participating in this Contest, the Entrant 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 Maryland having jurisdiction.

 

11. PRIVACY

Information submitted in connection with the Contest will be treated in accordance with these Official Contest Rules, all-controlling data privacy laws, and the Forever Art’s Privacy Policy (as may be amended from time to time), currently located at https://www.foreverartjewelry.com/terms-and-conditions; provided, that in the event of any conflict between these Official Contest Rules and such Privacy Policy, the terms and conditions of these Official Contest Rules shall prevail.

 

12. SPONSOR

The Sponsor of the Contest is [Company name] [address] [city] [state/province] [postal code] [country].

 

13. FACEBOOK

Forever Art may utilize Facebook to promote sweepstakes or giveaways. The Entrant understands and agrees that any such promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook.

Any questions, contact us at forinspireart@gmail.com