Holiday Gifts Terms & Conditions
The PAINTED CO. GIVEAWAY ("Giveaway") is subject to the following:
- Eligibility and Deadline: The Giveaway begins 12:01 a.m. Pacific Time ("ET") on December 4th, 2024 and ends at 11:59 p.m. PT on 11th December 2024 ("Giveaway Period"). Giveaway is open worldwide to those who are at least the age of majority, as defined in their jurisdiction of residence unless otherwise prohibited by law in the jurisdiction where Entrant resides. Entrants must also have a valid email address. The Giveaway is not open to the following persons: employees, directors, agents, independent contractors or representatives of Painted Co. ("Sponsor"), the subsidiaries and affiliates of the Sponsor; employees, agents or representatives of vendors providing prizes or other materials or services in connection with this Giveaway (collectively, the "Excluded Individuals"); immediate family members (parent, child, sibling and spouses of each) of the Excluded Individuals; and any other persons residing in the same household as any Excluded Individual. All applicable federal, state and local laws apply. By participating, an individual agrees to be bound by these Official Rules ("Rules").
- Entry: Each individual participating in the Giveaway ("Entrant") is limited to one (1) Entry during the Giveaway Period.
- Automatic Entry: Entrants will be automatically entered in the Giveaway when they purchase any Painted Co. product from Sponsor’s TikTok shop at [tiktok.com/painted.co] (“TikTok Shop”) or directly through the website http://painted.co (“Website”).
- Alternative Means of Entry (“AMOE”): Send an email to Sponsor at holidaygifts@painted.co. Email must include the Entrant's first name, last name, valid email address, valid phone number, and valid mailing address. All AMOE must be received during the Giveaway Period.
Any attempt to enter more than the permitted number of times with multiple identities, accounts, email addresses, or by any other means, may result in disqualification. Use of any macro, bot, script or other automated means to submit entries is prohibited. Proof of transmission is not proof of receipt. Sponsor's computer is the official timekeeping device for the Giveaway. Each Automatic Entry will be deemed submitted by the authorized account holder. Each AMOE will be deemed submitted by the individual named in the email. The "authorized account holder" for Automatic Entry is defined as the natural person who owns and controls the applicable TikTok account. The "authorized account holder" for AMOE's is defined as the natural person who was assigned an email address by an Internet access provider online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. In the event a dispute regarding the identify of the individual who actually submitted an entry cannot be resolved, Sponsor, in its sole discretion, may deem the entry ineligible.
- Prizes/Odds: Various prizes will be awarded, including Painted Co. products.
Odds of winning a prize depend on the number of eligible entries received during the Giveaway Period. Limit one (1) prize per Entrant for the Giveaway.
Prizes are awarded "as is" with no warranty or guaranty, either express or implied by Sponsor. Qualified Winner is responsible for any and all federal, state and local taxes and all other expenses or costs relating to the prize not expressly set forth above. Prizes are non-transferable and no substitution by a Qualified Winner or cash equivalent is allowed. Sponsor reserves the right to substitute prize or any component thereof for something of equal or greater value in the event the advertised prize becomes unavailable.
- Selection of Potential Winner: Fifty (50) potential winners (each a "Potential Winner") will be randomly selected from all eligible entries received during the Giveaway Period ("Eligible Entries") on or about [], 2025.[1] Each Potential Winner will be notified via email using the email account supplied at time of entry. The notification will include a copy of a Release and Eligibility Agreement ("Claim Form"), and other information required to claim a prize. The completed Claim Form must be received by the Sponsor within ten (10) business days of notification by Sponsor ("Submission Deadline"). Notification shall be deemed to occur when the email notification is sent from Sponsor's computer to a Potential Winner's email address provided during the entry process or when the overnight letter is delivered to the overnight carrier. All completed Claim Forms become the property of the Sponsor. All Claim Forms will be verified by the Sponsor. To claim a prize, a Potential Winner must complete the Claim Form which includes representations of eligibility, compliance and releases of liability, and a publicity release. Among other things, the submission of the Claim Form confirms compliance with these rules, acceptance of the prize as awarded and release of certain parties from any losses, liabilities, damages or claims arising from or related to the prize awarded and the Giveaway itself. If a Potential Winner fails to submit the Claim Form with all information required by the Submission Deadline, the Sponsor reserves the right to disqualify a Potential Winner, and the Sponsor shall be fully and completely released and discharged from any liability or responsibility in this regard. If Sponsor fails to receive a sufficient number of entries to correspond to the number of prizes available to be awarded, Sponsor reserves the right to not award all prizes. Sponsor's decisions are final and binding in all matters relating to this Giveaway.
A POTENTIAL WINNER IS NOT A WINNER OF ANY PRIZE UNLESS AND UNTIL A POTENTIAL WINNER'S ELIGIBILITY HAS BEEN VERIFIED AND THE POTENTIAL WINNER HAS BEEN NOTIFIED VERIFICATION IS COMPLETE ("Qualified Winner"). If a Potential Winner cannot prove they are a Qualified Winner, the prize will not be awarded. If a Potential Winner declines the prize, another Potential Winner may be selected from the eligible entries received.
- Additional Rules: Giveaway is subject to all applicable federal, state and local laws. Void where prohibited or restricted by law. Entry materials/data that have been tampered with or altered are void. No responsibility is assumed for: (i) lost, late, misdirected, damaged, garbled, incomplete or illegible entries, all of which are void; (ii) error, omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to or alterations of entry materials, or for technical, network, telephone equipment, electronic, mobile device, computer, hardware or software malfunctions of any kind, or inaccurate transmission of or failure to receive entry information by Sponsor on account of technical problems; or (iii) any injury or damage to Entrant's or any other person's mobile device related to or resulting from participating in the Giveaway.
By entering this Giveaway, Entrant agrees (i) to be bound by and abide by these Rules, including all eligibility requirements, (ii) to comply with the terms and conditions of use for TikTok Shop at all times and in all respects, and (ii) to be bound by the decisions of the Sponsor, which are final and binding in all matters relating to the Giveaway and waive any and all right to claim ambiguity in the Giveaway or these Rules or that Entrant's publicity or similar rights were infringed upon. Failure to comply with these Rules may result in disqualification from the Giveaway. Sponsor reserves the right to permanently disqualify from any Giveaway it sponsors any person it believes has intentionally violated these Rules.
Except where prohibited by law, Entrant's entry and/or acceptance of a Prize constitutes consent to the use of an Entrant's name, image, voice, likeness, statements, biographical information, city and state of residence and/or photographs for promotional or advertising purposes in connection with this Giveaway on a worldwide, in perpetuity basis, and in all forms of media, now or hereafter known, in perpetuity, without review, permission, or further compensation or consideration.
Sponsor may prohibit an Entrant from participating in the Giveaway or winning the prize if, at its sole discretion, it determines that said Entrant is attempting to undermine the legitimate operation of the Giveaway by cheating, deception or unfair playing practices or intending to annoy, abuse, threaten or harass any other Entrants or Sponsor representatives. Any person attempting to defraud or in any way tamper with the Giveaway will be ineligible to participate in the Giveaway and may be prosecuted to the full extent of the law.
Sponsor reserves the right at its sole discretion to suspend, modify or terminate the Giveaway, and, in Sponsor's sole discretion, select Potential Winners from entries received prior to action taken or as otherwise deemed fair and appropriate by Sponsor. Released Parties (defined below) are not responsible for any incorrect or inaccurate information, whether caused by website users, tampering, hacking, or by any equipment or programming associated with or utilized in the Giveaway, and assumes no responsibility for any error, interruption, deletion, defect, delay in operation, or transmission, communications line failure, technical failure, theft or destruction, or unauthorized use of any technology used in connection with this Giveaway.
All questions and disputes regarding the Giveaway, including, without limitation, all questions or disputes regarding an individual's eligibility for the Giveaway or compliance with these Rules will be resolved by the Sponsor in its sole discretion. Entries that are mechanically reproduced, copied, illegible, incomplete, or inaccurate and entries by means which subvert the entry process are void. Incomplete entries or entries not complying with these rules are subject to disqualification, at the Sponsor's sole discretion. No correspondence will be entered into except with a Potential Winner.
Entrants may be disqualified if Sponsor learns that the entrant disparages the Sponsor during or after the Giveaway Period. Entrants should be aware that Sponsor retains the right to take legal action against entrants who commit libel or slander against Sponsor during or after the Giveaway Period.
These Rules constitute a complete and binding agreement between the Sponsor and an Entrant. To the extent that any provision of these Rules are deemed invalid, the remainder of the Rules shall remain in force.
- Release of Liability: By participating, Entrant releases TikTok and Sponsor and each of their parent companies, subsidiaries, affiliates and partners; each of the foregoing respective employees, directors, agents, and advertising agencies; and all others associated with the development and execution of this Giveaway ("Released Parties") from any and against any and all claims, liability, loss, attorneys' fees and costs of litigation and settlement, or damage whatsoever arising with respect to the Giveaway or the awarding, receipt, possession or use or misuse of any Giveaway prize.
ENTRANTS ACKNOWLEDGE THAT THE RELEASED PARTIES HAVE NOT MADE NOR ARE RESPONSIBLE FOR ANY WARRANTY, REPRESENTATION OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT OR IN LAW, RELATIVE TO OR IN CONNECTION WITH THE GIVEAWAY, ANY GIVEAWAY MATERIALS, GUIDANCE OR COMPONENTS THERETO, INCLUDING, WITHOUT LIMITATION, QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
ENTRANTS UNDERSTAND AND AGREE THAT ALL RIGHTS UNDER SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY OF THE UNITED STATES ARE HEREBY EXPRESSLY WAIVED BY HIM/HER. SECTION 1542 READS AS FOLLOWS: CERTAIN CLAIMS NOT AFFECTED BY A GENERAL RELEASE. "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."
Prizes awarded may carry their own terms and conditions and product warranty, for which the Released Parties have no responsibility of liability. Released Parties will have no liability whatsoever for failure to supply a prize or any part thereof, by reason of any acts of God, any severe weather, hurricane, flood, fire, war, transportation interruption of any kind, or any other cause beyond their control. By participating, Entrant agrees that: (a) any and all disputes, claims, and causes of action arising out of or in connection with the Giveaway, or any prizes awarded, shall be resolved individually without resort to any form of class action; (b) to the extent permitted by applicable law, any claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Giveaway, but in no event attorney's fees; and (c) unless specifically prohibited by law, under no circumstances will any Entrant be permitted to obtain any award for, and Entrant hereby waives all rights to claim, punitive, incidental or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than damages for actual out-of-pocket expenses.
- Jury Trial Waiver: EXCEPT AS PROHIBITED BY LAW AND AS A CONDITION OF PARTICIPATING IN THIS GIVEAWAY, ENTRANT HEREBY WAIVES ANY RIGHT ENTRANT MAY HAVE TO A TRIAL BY JURY IN RESPECT TO ANY LITIGATION DIRECTLY OR INDIRECTLY ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS GIVEAWAY, ANY DOCUMENT OR AGREEMENT ENTERED INTO CONNECTION HEREWITH AND ANY OF THE TRANSACTIONS CONTEMPLATED HEREBY OR THEREBY.
- Applicable Laws And Jurisdiction. The Giveaway conducted pursuant to these Official Rules is subject to all applicable federal, state, and local laws and regulations. Issues concerning the construction, validity, interpretation and enforceability of these Official Rules shall be governed by the laws of the State of California, without regard to any principles of conflict of laws. Should there be a conflict between the laws of the State of California and any other laws, the conflict will be resolved in favor of the laws of the State of California. Any dispute, claim or controversy arising out of or relating to the Giveaway will be resolved individually, and without resort to class action, exclusively by binding arbitration in Los Angeles, California, before a single arbitrator. The arbitration shall be administered by JAMS pursuant to its Streamlined Arbitration Rules and Procedures. The arbitrator shall be an expert in the field of marketing and promotions. All parties shall bear their own expenses, except that parties shall equally share the expenses of the arbitrator (except for the required non-refundable filing fees which shall be paid solely by the party asserting the related claim). Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. If any one or more provisions of these rules are held to be invalid, illegal or unenforceable by a court of competent jurisdiction, such invalidity, illegality or unenforceability shall not affect the validity, effect or enforcement of any other provision or provisions of these rules.
- Data Collection/Privacy: By choosing to enter this Giveaway and voluntarily providing your personal information as described in these Official Rules, you agree to the collection and use of your personal information by the Sponsor and its representatives, promotional agencies and marketing organization for the purpose of administering the Giveaway, including without limitation contacting entrants in the respect of the Giveaway and disclosing the list of Winners. Your personal information may be used for future Giveaways and marketing of the Sponsor, its affiliates, representatives, and promotional agencies but will not be used for any other purpose nor will it otherwise be disclosed to third parties, unless otherwise required by law. If you would like to be excluded from all lists used by the Sponsor for any future Giveaways and marketing by the Sponsor, you may send a letter requesting that you be removed from such lists to the Sponsor at 16030 Ventura Blvd., Ste. 240, Encino, CA 91436.
- Winner List: For the Winners' names, available approximately two weeks after the Giveaway Period, send an email to holidaygifts@painted.co. Requests should be received by January 1st, 2025. Please specify “Painted Go. Giveaway” in your communication.
- Sponsor: Giveaway is sponsored by Painted Co., with a principal place of business at 16030 Ventura Blvd., Ste. 240, Encino, CA 91436, and is in no way sponsored, endorsed or administered by, or associated with