NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE
YOUR CHANCES OF WINNING. Void Where Prohibited.
1. Eligibility: The Chamilia Facebook photo contest (the “Contest”) is open to participants who: a) are 18
years of age or older at the time of their Submission (as hereinafter defined); b) are legal residents of either
(i) the 48 contiguous United States and Washington D.C. (i.e., excluding Puerto Rico, Hawaii and Alaska)
or (ii) Canada (excluding the province of Quebec) ; and c) did not purchase any product or equipment for
the purpose of entering or participating in this Contest. Employees of Chamilia, LLC, Swarovski North
America Limited, and any of their parent and affiliate companies, as well as the immediate family (spouse,
parents, siblings and children) and household members of each such employee are not eligible to win a
prize. Subject to all applicable federal, state, provincial, territorial, municipal and local laws, directives and
regulations. Void where prohibited.
2. Sponsor: Chamilia, LLC, 1 Kenney Drive, Cranston, RI 02920 (“Sponsor”).
3. Agreement to Official Rules: Participation in this Contest constitutes participant’s full and
unconditional agreement to these Official Rules and Sponsor’s decisions, which are final and binding in all
matters related to this Contest. Winning a prize is contingent upon fulfilling all requirements set forth
4. Timing: The Contest begins on November 6, 2014 at 12:00AM Eastern Time (“ET”) and ends on
December 2, 2014 at 11:59PM ET (the "Contest Period"). Sponsor's computer is the official time-keeping device for the Contest.
5. How to Participate: Visit contest landing page: http://bit.ly/10rusr1
Fill in your personal information and indicate you have read the contest’s Official Rules by clicking yes.
Then you will submit a photo of you and your Chamilia jewelry (.jpg, .gif, .tif. .bmp and .png formats
accepted). Photos should depict the amazing ways you wear or use Chamilia jewelry. Participants must
ensure that their photo and content comply with the Photo Guidelines and Content Restrictions as defined below (collectively, the “Guidelines and Restrictions”). By uploading a photo and description, participants agree that Sponsor, in its sole discretion, may remove a photo and content and disqualify a participant from the Contest if Sponsor believes, in its sole discretion, that a photo fails to conform to the Guidelines and Restrictions. Participants can then ask their network to vote for their photo entry (ies). Casting of votes can take place once a day during the Contest Period. At the end of the Contest Period, the top 5 Participants who received the most votes will then be judged by Sponsor. Sponsor shall choose a first, second and third place winner from the top 5 Participants using the Judging Criteria (defined below).
Photo Guidelines and Content Restrictions
The Guidelines and Restrictions have two parts: technical guidelines and content guidelines. Photos must comply in full with both parts of the Guidelines and Restrictions in order to be deemed a “Submission.”
Technical Guidelines. All submissions must:
• Include a picture of the design you are entering into the Contest;
• Caption must not exceed 4,000 characters; and Photo and caption must not have been
submitted previously in a promotion of any kind or exhibited or displayed publicly through any
• Photo must not be greater than 5MB.
Content Guidelines. Photos and Captions must not:
• Contain material that violates or infringes another’s rights, including but not limited to privacy,
publicity or intellectual property rights, or that constitutes copyright infringement;
• Disparage Sponsor, Facebook or any other person or party affiliated with the Contest;
• Contain brand names or trademarks other than those owned by Sponsor, which participant
has a limited license to use to incorporate in his/her photo in this Contest;
• Contain images, artwork or other copyrighted material not created by participant;
• Contain material that is indecent, obscene, hateful, tortious, defamatory, slanderous or
libelous (including, without limitation, depictions of nudity, sexual activity, offensive images or
language, or other lewd behavior or activities);
• Contain material inappropriate for the Contest (including, without limitation, depictions of gang
signs/symbols, weapons, violence, threats of violence, alcohol, drugs, or other such
inappropriate behavior or activities);
• Contain material that promotes bigotry, racism, hatred or harm against any group or individual
or promotes discrimination based on race, gender, religion, nationality, disability, sexual
orientation or age;
• Depict the use of alcohol, whether in moderation or not;
• Show license plates, phone numbers, personal addresses (physical or e-mail) or other
information that could be personally identifiable of any person (whether that person is the
participant or not); and
• Contain material that is unlawful, in violation of or contrary to the laws or regulations in any
country (or subpart thereof) where photo is created.
LIMIT: One (1) entry per person or email address per day during the Contest Period. Submissions
generated by script, macro or other automated means are void. Participant must have permission from all individuals that appear in the Submission (if any) to use their name and likeness in the Submission and to grant the rights set forth herein. If requested, participant must be able to provide such permissions in a form acceptable to Sponsor. In the event that two or more Submissions appear to be substantially similar to one another, Sponsor will judge the Submission that was uploaded to the Contest first and will not judge the later, substantially similar Submissions.
6. Winner Determination:
On or about December 4 2014, a panel of qualified judges (the identities of whom will be determined by the Sponsor in its sole discretion) will judge the submissions to determine the potential first, second and third place winners. The panel of qualified judges will score the Submissions based on the following criteria (“Judging Criteria”):
• Creativity of Submission – 40%;
• Quality of Submission (production quality, composition, clear message, etc.) - 30%; and
• Content (strong emotional appeal and impact, storyline, etc.) - 30%.
The potential first, second and third place winners will be the photo submissions with the highest overall
scores based on the Judging Criteria. THE POTENTIAL WINNERS ARE NOT WINNERS OF A PRIZE
UNLESS AND UNTIL HE/SHE SATISFIES ALL REQUIREMENTS AS SET FORTH IN THESE
7. Winner Requirements: The potential winners will be notified by email on or around December 8, 2014.
The potential winners may be required to sign and return an Declaration of Eligibility/Liability & Publicity
Release/Assignment of Intellectual Property Interest or similar documentation (collectively, “Declaration”), which must be received by Sponsor within five (5) days of the date notice or attempted notice is sent, in order to claim the prize. If the potential overall winners cannot be contacted, fails to execute and return the Declaration within the required time period, or does not comply with these Official Rules, then that potential winner will be disqualified and will forfeit the prize. If a potential winner is disqualified for any reason, the prize may be awarded to a submission with the next highest score. If the alternate potential winner cannot satisfy the requirements as set forth in these Official Rules, then the prize will remain un-awarded.
Acceptance of any portion of the prize shall constitute and signify winner’s agreement and consent that
Sponsor and its designees may use the winner’s name, city, state, territory, province, likeness, submission and/or prize information in connection with the Contest for promotional, advertising or other purposes, worldwide, in any and all media now known or hereafter devised, including the Internet, without limitation and without further payment, notification, permission or other consideration, except where prohibited by law.
8. Prizes: One (1) First Place Prize: The first place prize will consist of one (1) Rosette Drop Pave
Swarovski Flex Bangle (approximate retail price $500 U.S.) In addition to the Submission being featured in Chamilia’s social media sites. One (1) Second Place Prize: The second place prize will consist of one (1) Winter Skating Box Chain Bracelet (approximate retail value $350 U.S.) in addition to the submission being featured on Chamilia’s social media sites. One (1) Third Place Prize: The third place prize will consist of one (1) Let it Snow Gift Set (approximate retail value $150 U.S.) in addition to the Submission being featured on Chamilia’s social media sites.
Winners may not substitute, assign or transfer a prize or redeem a prize for cash, but Sponsor reserves
the right, at its sole discretion, to substitute a prize with one of comparable or greater value. Winners are responsible for all applicable federal, state, provincial and local taxes, if any, as well as any other costs and expenses associated with prize acceptance and use not specified herein as being provided. All prize details are at Sponsor’s sole discretion.
9. Intellectual Property Interests:
For Winners: WITHOUT LIMITING THE GENERALITY OF THESE OFFICIAL RULES, THE WINNER(S)
AGREE TO IRREVOCABLY GRANT, TRANSFER, CONVEY AND ASSIGN TO SPONSOR THE
ENTIRETY OF THE RIGHTS IN AND TO THE SUBMISSION, ANY DERIVATIVE WORKS MADE
THEREOF, AND ALL RENEWALS AND EXTENSIONS OF COPYRIGHT TO ALL SUCH WORKS
(INCLUDING THE RIGHT TO SECURE COPYRIGHT REGISTRATIONS THERETO) IN PERPETUITY
(OR FOR THE LONGEST PERIOD OF TIME AUTHORIZED BY LAW, BUT IN NO CASE FOR ANY
PERIOD OF TIME LESS THAN TEN (10) YEARS) INCLUDING, WITHOUT LIMITATION, THE RIGHTS
TO USE THE SUBMISSION FOR ANY AND ALL PURPOSES IN ANY AND ALL MEDIA WHETHER NOW
KNOWN OR HEREAFTER DEVELOPED, ON A WORLDWIDE BASIS. UPLOADING A SUBMISSION IN
THIS CONTEST ALSO CONSTITUTES PARTICIPANT’S WAIVER, TO THE EXTENT PERMITTED BY
LAW, OF ALL MORAL RIGHTS CONFERRED UPON PARTICIPANT OR ARISING IN RESPECT OF
PARTICIPANT’S SUBMISSION ANYWHERE IN THE WORLD. Winner further agrees to assist Sponsor
with any or all filings, registrations, or other documentation as may be required to complete and perfect the assignment and transfer of rights. In the event that the winner cannot transfer and assign the rights to the Submission as contemplated in this Section, then winner grants to Sponsor a non-exclusive, royalty-free, irrevocable, perpetual (or, if perpetual is prohibited by law, for the longest extent permitted by law but in no event less than ten (10) years), worldwide right and license to display, perform, modify, adapt, reproduce, encode, store, copy, transmit, publish, post, broadcast, exhibit and/or otherwise use or reuse (without limitation as to when or to the number of times used), the submission, in whole or in part, and any/all works based thereon, for any purpose reasonably related to the Contest or to fulfill any promise made by Sponsor, including for promotional or marketing purposes, except where prohibited by law. For All Participants: Uploading a submission constitutes participant’s consent to give Sponsor a
royalty-free, irrevocable, non-exclusive license for the duration of ten (10) years, to use, reproduce, publish, and display such submissions in whole or in part, on a worldwide basis, and to incorporate it into other works, in any form, media or technology now known or later developed, including for promotional or marketing purposes, except where prohibited by law.
10. Publicity: Except where prohibited, participation in the Contest constitutes winner’s consent to
Sponsor’s and its agents’ use of winner’s name, likeness, photograph, voice, opinions and/or hometown
and state for promotional purposes in any media, worldwide, without further payment or consideration. In the event that Sponsor makes use of the license granted to it by non-winning participants (as set forth in Section 9, above), then such participants consent to Sponsor’s and its agents’ use of participant’s name, likeness, photograph, voice, opinions and/or hometown and state for identification and/or promotional purposes in any media, worldwide, without further payment or consideration.
11. Warranties and Representations: AS CONDITIONS OF PARTICIPATION IN THIS CONTEST, AND
BY UPLOADING A SUBMISSION, EACH PARTICIPANT WARRANTS AND REPRESENTS THAT: (a)
THE PARTICIPANT OWNS ALL RIGHTS TO THE SUBMISSION HE/SHE IS ENTERING IN THIS
CONTEST; (b) THE PARTICIPANT IS THE INDIVIDUAL PICTURED IN THE SUBMISSION, OR,
ALTERNATIVELY, THAT THE PARTICIPANT HAS OBTAINED PERMISSION FROM EACH PERSON
WHO APPEARS IN THE SUBMISSION TO GRANT THE RIGHTS TO THE SPONSOR DESCRIBED IN
THESE RULES, AND CAN MAKE WRITTEN COPIES OF SUCH PERMISSIONS AVAILABLE TO THE
SPONSOR UPON REQUEST; (c) THE SUBMISSION IS ORIGINAL TO THE PARTICIPANT AND HAS
BEEN LEGALLY OBTAINED AND CREATED; (d) THE SUBMISSION DOES NOT INFRINGE THE
INTELLECTUAL PROPERTY, PRIVACY OR PUBLICITY RIGHTS OR ANY OTHER LEGAL OR MORAL
RIGHTS OF ANY THIRD PARTY; (e) THE SUBMISSION DOES NOT VIOLATE APPLICABLE LAWS OR
REGULATIONS; AND (f) THE SUBMISSION HAS NOT BEEN PREVIOUSLY PUBLISHED, DISPLAYED,
OR PERFORMED, OR ENTERED IN OR WON PREVIOUS CONTESTS OR AWARDS. Winner will
indemnify Sponsor, Released Parties (as defined in Section 12, below) and any licensee of Sponsor
against all claims, damages, liabilities, and expenses (including reasonable counsel fees and legal
expenses) arising out of any breach of these terms. Additionally Participant acknowledges and agrees
that the Contest is in no way sponsored, endorsed, or administered or associated with Facebook or any
other social media platform.
12. Release: By receipt of any prize, winner agrees to release and hold harmless the Sponsor, Chamilia
LLC, Swarovski North America Limited, Facebook 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 Contest or receipt or use or misuse of any prize, to the greatest extent permitted by applicable law.
13. General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Contest, 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 Contest. Sponsor reserves the right in its sole discretion to disqualify any individual it finds: a) to be tampering with the entry and/or submission processes or the operation of the Contest; b) to be acting in violation of these Official Rules or any other promotion; or c) to be acting in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Contest may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages and other remedies (including attorneys’ fees) 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.
14. Limitations of Liability: Released Parties are not responsible for: (1) any incorrect or inaccurate
information, whether caused by participant, printing, typographical or other errors or by any of the
equipment or programming associated with or utilized in the Contest; (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 Submission process or the
Contest; (4) printing, typographical, technical, computer, network or human error which may occur in the
administration of the Contest, the uploading, the processing or judging of Submissions or votes or the
tabulating of votes, the announcement of the prizes or in any Contest-related materials; (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 participant’s participation in the Contest or receipt or use or misuse of any prize. Released Parties are not responsible for misdirected or undeliverable Submissions or for any technical problems, malfunctions of computer systems, servers, providers, hardware/software, lost or unavailable network connections or failed, incomplete, garbled or delayed computer transmission or any combination thereof. Released Parties are not responsible for any unauthorized third party use of any Submission.
15. Disputes: To the fullest extent permitted by applicable law, participant agrees that: (1) any and all
disputes, claims and causes of action arising out of or connected with this Contest or any prize awarded
shall be resolved individually, without resort to any form of class action, and exclusively by state and
federal courts located in the State of Rhode Island; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, but in no event attorneys’ fees; and (3) under no circumstances will participant be permitted to obtain awards for, and participant 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 participant and Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of Rhode Island without giving effect to any choice of law or conflict of law rules, which would cause the application of the laws of any jurisdiction other than the State of Rhode Island.
16. Participant's Personal Information: All information will be submitted directly to the Sponsor via its
U.S. Facebook page as part of this Contest. All information submitted to Sponsor will be treated in
personal information will be used to contact the potential winner and for other purposes consistent with
these Official Rules. You have the right to review and correct the personal data stored about you,
including its origin, recipient or categories of recipients of the data and the purpose of the storage. In
addition, you also have the right to disable and delete your data, depending upon the circumstances. To
exercise such rights, please make a request in writing. To submit your request, please write to “Chamilia
Photo Contest,” c/o Kristen Johnson, Chamilia, LLC, 100 Washington Ave. South, Suite 700, Minneapolis, MN 55401 and be sure to include the specifics about your request.
17. Winner List: Winner List requests will only be accepted after the promotion end date (listed above)
and no later than December 9, 2014. For the Winner List, send a self-addressed stamped envelope to
“Chamilia 12 Days of Christmas Contest,” c/o Kristen Johnson, Chamilia, LLC, 100 Washington Ave.
South, Suite 700, Minneapolis, MN 55401.
18. Consumer Rights: Nothing in these Official Rules shall be deemed to exclude or restrict any of the
winner's or the participant's statutory rights as a consumer.
See Facebook for details of the contest itself.