Brighton “Declare Your Independence” Sweepstakes Official Rules
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. MUST BE LEGAL RESIDENT OF ONE OF THE 50 UNITED STATES OR D.C., AT LEAST 18 YEARS OF AGE AND OLDER. VOID WHERE PROHIBITED BY LAW.
- Acceptance of Official Rules. By entering the “Declare Your Independence” Sweepstakes (the “Sweepstakes”) operated on the brighton-social.com website accessible at “brighton-social.com” (the “Brighton Service”), you hereby accept and agree to these official rules (the “Official Rules”) of this Sweepstakes, and the decisions of the Administrator in connection with this Sweepstakes, whose decisions are final. Entries become the property of the Sponsor.
- Eligibility: The Sweepstakes is offered and open only to legal residents of the 50 United States and the District of Columbia, who are 18 years of age or older as of the date of entry in this Sweepstakes. Employees and directors, and their immediate family members, of Brighton, Inc. and its member and parent companies, subsidiaries, divisions, affiliates, suppliers, distributors, advertising and promotion agencies, and legal and financial advisors are not eligible to participate in this Sweepstakes. For the purpose of the foregoing “immediate family” means spouses, parents, children, siblings and their spouses, and household members of such employees and directors (whether related or not). Void where prohibited by law. All federal, state and local laws and regulations apply.
- Promotional Period: The Sweepstakes begins on June 20, 2011 at 9:00 a.m. ET and ends at 8:59:59 a.m. ET on July 5, 2011 (the “Promotional Period”).
- How to Enter the Sweepstakes: There is no purchase necessary to participate in the Sweepstakes. A purchase does not increase your chances of winning. During the Promotional Period, access the Sweepstakes by visiting the Sweepstakes tab at the Brighton Fan Page at http://www.facebook.com/brightoncollectibles and click the Enter Now button. The Enter Now button links to http://www.brighton-social.com/fb/declare-your-independence/ on the Brighton Service. Follow the instructions to complete the Sweepstakes entry form, including, without limitation, sharing a message about Brighton with at least one other person, submitting your full name, physical address, email address, date of birth, gender and phone number; then hit the submit button to receive one (1) entry into the Sweepstakes. All eligible entries must be received by 8:59:59 a.m. ET July 5, 2011 Limit: Each participant may receive a maximum of one (1) entry. Multiple entrants are not permitted to share the same email address. Use of computer programs and other automatic means to enter the Sweepstakes is prohibited and will result in disqualification. Any attempt by any entrant to obtain more than the stated number of entries by using multiple/different email addresses, identities, registrations and logins, or any other methods will void such entries, and that entrant may be disqualified. Normal Internet access and usage charges imposed by your online service may apply.
- Random Drawing: Winner will be selected in a random drawing on or about July 6, 2011 from among all eligible entries received. Drawing will be conducted by the Administrator, whose decisions are final and binding in all respects. Odds of winning the prize are dependent upon the number of eligible entries received. The potential winner will be notified by email and/or phone. If a potential winner cannot be reached after a reasonable effort has been made during five (5) business days from the first notification attempt, such person may be disqualified, with an alternative prize winner selected in accordance with these Official Rules. Only two (2) attempts for new alternatives will be conducted. If attempts fail, the unclaimed prize will not be awarded.
- Prize and Approximate Retail Value (“ARV”): One (1) Brighton gift card worth one thousand seven hundred and seventy-six dollars ($1,776). Total potential ARV of prize is $1,776. Sponsor reserves the right to change prize specifications at any time without incurring any obligations. Prize is nontransferable. All taxes, including but not limited to federal, state, local, income and other taxes incurred by winning and accepting the prize are the sole responsibility of the prize winner. No assignment, transfer, conversion to cash or cash redemption or substitution of the prize is permitted, except Sponsor reserves the right to substitute the prize with a prize of comparable or greater value should the prize become unavailable. All other costs and expenses not specified herein, if any, are the responsibility of the prize winner. All prize details are at the sole discretion of Brighton, Inc.
- Affidavit of Eligibility/Liability and Publicity Release. Prize Winner will be required to complete, execute and return an Affidavit of Eligibility/Liability Release, and where lawful, a Publicity Release (collectively, the "Release Forms") within five (5) days of receipt date. Failure to return Release Forms timely, or if Prize notification or the Prize is returned as non-deliverable, or if a Prize Winner is found not to be eligible or not in compliance with these Official Rules, may result in disqualification with an alternate Prize Winner selected in accordance with these Official Rules.
- Publicity Release Terms. Except where prohibited by law, a Prize Winner's acceptance of a Prize constitutes permission for the Brighton, Inc. to use Prize Winner's name, photograph, likeness, statements, biographical information, voice, and address (city and state) worldwide and in all forms of media, in perpetuity, without further compensation.
- Lost or Corrupted Entries. The Sponsor/Administrator is not responsible for lost, late, incomplete, corrupted, stolen, misdirected or illegible entries; or for any computer, technical, hardware, software or telephone malfunctions of any kind, lost or unavailable network connections, or failed, incorrect, incomplete, inaccurate, garbled or delayed electronic communications caused by the user or by any of the equipment or programming associated with or utilized in the Facebook Sweepstakes tab or the Sweepstakes or by any human error which may occur in the processing of the entries in the Sweepstakes or for any liability for damage to any computer system resulting from participation in, accessing or downloading information in connection with the Sweepstakes.
- Identity Disputes. In the event of a dispute as to any entry, the authorized account holder of the email account used to register will be deemed to be the entrant. Winner may be required to show proof of being the authorized account holder of the email account associated with the entry. Proof of entering information via the registration form does not constitute proof of delivery or receipt of such information. Sponsor/Administrator is not responsible for the failure of any email or entry to be received by Sponsor/Administrator on account of technical problems or congestion on the internet or at any website.
- Improper Conduct. Administrator, in its sole discretion, may disqualify any entrant from participation in or use of any or all portions of this Sweepstakes, and refuse to award a Prize, if entrant engages in any conduct Administrator deems to be improper, unfair or otherwise adverse to the operation of the Sweepstakes or detrimental to other entrants of the Sweepstakes. Such improper conduct includes, without limitation, falsifying personal information required during entrant registration or Prize claim, violating any term or condition stated herein, accumulating entries through methods such as automated computer scripts or any other programming techniques, allowing others to use entrant's personal information for the purpose of accumulating entries, or intentionally trying to defraud, reverse engineer, disassemble or otherwise tamper with the computer programs in connection with this Sweepstakes. Entrants agree that Administrator may void any part of a Prize that entrant may have won and/or require the return of any part of a Prize that entrant may have won as a result of such improper conduct. Entrant further acknowledges that any forfeiture of a Prize and/or return of a Prize shall in no way prevent Administrator from pursuing other avenues of recourse such as criminal or civil proceedings in connection with such conduct. 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.
- Integrity of Sweepstakes. If, for any reason, the Sweepstakes is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which Administrator, in its sole opinion, believes could corrupt or affect the administration, security, fairness, integrity or proper conduct of the Sweepstakes, then the Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Sweepstakes and select the winner in a random drawing from among all eligible entries received prior to the action taken or in such other manner as Administrator may deem fair and appropriate.
- Sweepstakes Errors. The Sponsor, and its parents, affiliated and subsidiary companies and advertising and promotion agencies, assume no liability and are not responsible for, and you hereby forever waive any rights to any claim in connection with, errors and/or ambiguity: (a) in the Sweepstakes; (b) in any related advertising or promotions of this Sweepstakes; and/or (c) in these Official Rules. In the event of any ambiguity(s) or error(s) in these Official Rules, Administrator reserves the right to modify these Official Rules for clarification purposes or to correct any such ambiguity or error(s) without materially affecting the terms and conditions of the Sweepstakes.
- Release and Indemnity. By participating in the Sweepstakes, the entrant agrees that Sponsor/Administrator, its respective parents, subsidiaries, affiliated companies, agents, retailers, advertising and promotion agencies, and all of their respective shareholders, officers, directors, employees and assigns, members, representatives and agents, will have no liability whatsoever for, and will be held harmless by entrant for any liability for any bodily injury, loss, cost or damages of any kind to persons, including death and property, damages sustained due in whole or in part, directly or indirectly, from entry creation, the acceptance, possession, use or misuse of the prize or parts thereof, if applicable or participation in the Sweepstakes or participation in any Sweepstakes or related activity.
- Limits of Liability. By entering the Sweepstakes, you hereby represent and warrant that you have read these Official Rules and are fully familiar with its contents. IN NO EVENT WILL BRIGHTON, INC., ITS PARENTS, AFFILIATES, SUBSIDIARIES AND RELATED COMPANIES, ITS ADVERTISING OR PROMOTION AGENCIES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, RETAILERS, EMPLOYEES, REPRESENTATIVES AND AGENTS, BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO AND USE OF THE SWEEPSTAKES OR THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM THE SWEEPSTAKES. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
- Binding Arbitration. The parties waive all rights to trial in any action or proceeding instituted in connection with these Official Rules and/or this Sweepstakes. Any controversy or claim arising out of or relating to these Official Rules and/or this Sweepstakes shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in the State of California, in the City of Los Angeles, and judgment on the arbitration award may be entered into any court having jurisdiction thereof.
- Governing Law and Jurisdiction. This promotion is governed by US law and is subject to all applicable federal, state and local laws and regulations. Void where prohibited by law. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant and Administrator in connection with this Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of California, U.S.A., without giving effect to the conflict of laws rules thereof, and any matters or proceedings which are not subject to arbitration as set forth in Section 16 of these Official Rules and/or for entering any judgment on an arbitration award, shall take place in the State of California, in the City of Los Angeles.
- Winner Name/Official Rules: The winner’s name may be posted for thirty days at http://www.facebook.com/brightoncollectibles within a reasonable amount of time after the close of the Sweepstakes. Official Rules will be posted on the Brighton Service.
- Sponsor/Administrator/Prize Provider: Brighton, Inc., 14022 Nelson Avenue, City of Industry, CA 91746.
The Sweepstakes is in no way sponsored, endorsed or administered by, or associated with, Facebook. You understand that you are providing your information to Brighton, Inc. and not to Facebook. The information you provide will only be used in the event you are selected as the Sweepstakes winner or if you have indicated that you would like to receive additional information from Brighton, Inc.
©2011 Brighton, Inc. All Rights Reserved.