The giveaway is open only to legal residents of the United States of America who have reached the age of majority according to the law of the state in which they reside. Excluded from eligibility are officers, directors, employees, volunteers, agents and representatives of Brilliant Earth LLC(collectively, the "Excluded Individuals"). These terms are subject to change without notice in order to comply with any applicable laws or the policy of any other entity having jurisdiction over Brilliant Earth. The giveaway is void where prohibited by law.
ACCEPTANCE OF RULES:
Participation in the Giveaway constitutes a customer's agreement to these Official Giveaway Rules (the "Rules"), as may be amended by Brilliant Earth at its sole discretion. Eligibility for the Giveaway (as defined below) is contingent upon fulfilling all requirements set forth herein.
1. To participate in the Giveaway, customers must have a unique valid promotional code. Each unique valid promotional code is limited to one use only.
2. If a customer purchases an item from Brilliant Earth during the period of September 12, 2016 to December 31, 2016 (the "Giveaway Period") and the customer enters their unique valid promotional code at checkout, the customer shall receive the complimentary gift with purchase (the “Giveaway”). All purchases must be completed during the Giveaway Period, and must meet the other requirements contained in these rules to receive the complimentary gift with purchase.
3. Purchases completed after the expiry of the applicable Giveaway Period will be considered ineligible to receive a Giveaway.
TERMS AND CONDITIONS:
The promotional code may not be combined with any other special offer, promotional code, discount code, contest or giveaway. The promotional code may not be applied retroactively and only Brilliant Earth purchasers are eligible to receive the Giveaway. One complimentary gift is included per customer regardless of the number of qualifying purchases during the Giveaway Period. Brilliant Earth does not guarantee which item will be gifted. Limited quantities available and offer is while supplies last. Giveaway cannot be exchanged or returned for refund, and will not be replaced if misplaced, lost or stolen. If the purchase is returned, then the Giveaway must also be returned. If the Giveaway has already been shipped to a customer who wishes to make a return, then the customer must either ship the Giveaway back to Brilliant Earth or the ARV of the Giveaway will be deducted from the return credit. Brilliant Earth reserves the right, in its sole discretion, to not provide the Giveaway in the event of any fraud or deception. Customer is solely responsible for the reporting and payment of all applicable taxes associated with the receipt of the Giveaway. Brilliant Earth is not responsible for internet, telephone, electronic, hardware, software, network or computer malfunctions, failures, or difficulties. Other restrictions may apply.
IN NO EVENT WILL BRILLIANT EARTHBE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF A CUSTOMER’S PARTICIPATION IN THE GIVEAWAY, ANY GIVEAWAY, A CUSTOMER’S ACCESS TO OR USE OF BRILLIANT EARTH’S WEB SITES, OR THE ACCESSING, DOWNLOADING AND/OR PRINTING OF ANY MATERIAL AVAILABLE ON ANY OF THOSE SITES. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON BRILLIANT EARTH’S WEB SITES IS PROVIDED "AS IS, WHERE IS, AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSIONS OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY.
By participating in the Giveaway, customers release Brilliant Earth from any liability whatsoever, and waive any and all causes of action, related to any claims, costs, injuries, losses, or damages of any kind arising out of or in connection with the Giveaway or delivery, misdelivery, acceptance, possession, use of or inability to use any prize (including, without limitation, claims, costs, injuries, losses and damages related to personal injuries, death, damage to or destruction of property, rights of publicity or privacy, defamation or portrayal in a false light, whether intentional or unintentional), whether under a theory of contract, tort (including negligence), warranty or other theory.
Brilliant Earth reserves the right, at its sole discretion, to disqualify any customer from the Giveaway if Brilliant Earth finds or reasonably believes such individual to be acting: (i) in violation of these Rules; or (ii) with the intent to annoy, abuse, threaten or harass Brilliant Earth, or any of their respective employees, any other customers, or any other person. Any attempt by a customer or other individual to undermine the legitimate administration, security or operation of the Giveaway, is a violation of criminal and civil laws. Brilliant Earth reserves the right to seek remedies and damages from any such person to the fullest extent permitted by law. The decisions of Brilliant Earth in regards to all matters of the Giveaway are final and binding upon customers. In the event of any dispute regarding the interpretation of the rules of the Giveaway or any decision rendered by Brilliant Earth, the decision or interpretation of Brilliant Earth shall prevail. Notwithstanding any other provision contained herein, Brilliant Earth reserves the right, in its sole discretion, to modify, amend, cancel, suspend, reinstate or terminate the Giveaway, at any time in whole or in part without prior notification, and for any reason whatsoever. The Giveaway and the Rules shall be governed exclusively by and construed in accordance with the laws in the State of California, without regard to conflicts of laws principles. Any dispute not otherwise determined in accordance with the rules of the Giveaway shall be adjudicated in the courts sitting in San Francisco, California (or any appeals court therefrom).
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