ESSENSE OF AUSTRALIA, TRUE SOCIETY IN-STORE “MAGIE DER JAHRESZEIT VERLOSUNG”
VISIT A TRUE SOCIETY STORE TO WIN ONE OF 5 DIFFERENT PRIZES
U.S. TERMS AND CONDITIONS (“Official Rules”)
NO PURCHASE NECESSARY TO ENTER OR WIN. MAKING A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING.
ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION AND ENTRANTS WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION FORMAT.
All applicable federal, state, and local laws and regulations apply. By participating in the “Magic of the Season Giveaway” (the “Sweepstakes”), you agree to abide by these Official Rules and agree to release Essense of Australia, Inc. (the “Sponsor”), and its respective affiliated companies, and all other businesses involved in the Sweepstakes, as well as the employees, officers and directors and agents of each (collectively, the “Released Parties”), from all claims and liability relating to your participation in the Sweepstakes.
The Sweepstakes is open to all legal residents of the 50 United States, including the District of Columbia, who are age 18 or older at the time of entry. Void in Puerto Rico, Guam, and the U.S. Virgin Islands, and wherever else prohibited by law. Employees of the Sponsor, True KC Brides, True Society USA Inc., and its respective subsidiaries and affiliates are not eligible to enter.
SWEEPSTAKES ENTRY PERIOD:
The Sweepstakes will occur at participating True Society stores between Monday, November 20, 2023 at 8:00 AM to 11:59 PM on Sunday, December 24, 2023, in the applicable time zone of the True Society store location (the “Sweepstakes Period”). The participating True Society’s store clock is the official timekeeping device for the Sweepstakes.
HOW TO ENTER:
During the Sweepstakes Period, visit a participating True Society store and locate the available gift certificates. Indicate to the store representative which one you would like. Limit: There is a limit of one (1) gift per customer.
PRIZES/APPROXIMATE RETAIL VALUE (“ARV”)/ODDS:
There are five (5) different categories of prizes available to be won per participating True Society store (see below). Each winner will receive one of the prizes listed below in the form of a gift certificate. Gift certificates are valid only on Wedding Dress orders or purchases made during the Sweepstakes Period and must be redeemed the same day of the appointment. Gift certificates can only be redeemed at the same True Society store the gift certificate was received. The maximum ARV of each prize is listed below. Odds of winning a prize will depend upon the total number of eligible entries received per participating True Society store.
1 – Free Wedding Dress ($599.00 – $9,500.00 USD) – no customs, no specials, dress only
5 – $500.00 USD off Wedding Dress
5 – $250.00 USD off Wedding Dress
31 – 51 (depending on True Society location) $50.00 USD off Wedding Dress
87 – 147 (depending on True Society location) Assortment of gifts ($15.00 – $30.00 USD)
All winners are required to redeem the applicable True Society gift certificate on the date of their bridal appointment. Non-compliance will result in disqualification. If a winner is found to be ineligible or not in compliance with these Official Rules that winner will be disqualified, and the prize may be awarded to an alternate winner. Prizes are not redeemable for cash. Prizes are not assignable nor transferable. No substitution is permitted except if prize is unavailable, in which case a prize of equal or greater value will be awarded. No cash in lieu of prizes and no exchange or substitution of prizes, except at the sole discretion of the Sponsor. Any other incidental expenses on prizes not specified herein are the winner’s sole responsibility. Winners are responsible for all federal, state, local and income taxes associated with winning prize. Entry and acceptance of prize constitutes permission for us to issue an IRS 1099 form on your behalf. You will be required to submit a W-9 for any prize valued over $600.00 USD. Except where prohibited by law, entry and acceptance of prize constitute permission to use winner’s name, prize won, hometown, likeness, video tape, photographs, and statements for purposes of advertising, promotion, and publicity (including online posting) in any and all media now or hereafter known throughout the world in perpetuity, without additional compensation, notification, or permission. Prizes are awarded “as is” with no warranty or guarantee, either express or implied by Sponsor. Winners acknowledge that the Sponsor and all other businesses affiliated with this Sweepstakes and their agents do not make, nor are in any manner responsible for any warranty, representations, expressed or implied, in fact or in law, relative to the quality, conditions, fitness or merchantability of any aspect of the prize being offered, except that each merchandise prize shall be subject to its manufacturer’s standard warranty (if any).
Participants agree to release the Released Parties from all claims and liability relating to their participation in the promotion, and the acceptance and use/misuse of the prize offered. Winners assume all liability for any injury or damage caused or claimed to be caused, by participation in this Sweepstakes or use/misuse or redemption of the prize. Sponsor is not responsible for any typographical or other error in the printing of the offer, administration of the Sweepstakes or in the announcement of the prize. By participating in the Sweepstakes, you (i) agree to be bound by these Official Rules, including all eligibility requirements, and (ii) agree to be bound by the decisions of Sponsor, which are final and binding in all matters relating to the Sweepstakes. Failure to comply with these Official Rules may result in disqualification from the Sweepstakes. Sponsor reserves the right to permanently disqualify from any Sweepstakes it sponsors any person it believes has intentionally violated these Official Rules. ANY ATTEMPT BY AN INDIVIDUAL, WHETHER OR NOT AN ENTRANT, TO DAMAGE, DESTROY, TAMPER, OR INTERFERE WITH THE OPERATION OF THE SWEEPSTAKES, IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND DILIGENTLY PURSUE ALL REMEDIES AGAINST ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
GOVERNING LAW AND LIMITATION OF LIABILITY:
All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of entrants, Sponsor, or the Released Parties in connection with the Sweepstakes will be governed by and construed in accordance with the internal laws of the State of Kansas, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other laws. BY ENTERING THE SWEEPSTAKES, ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (A) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SWEEPSTAKES, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (B) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED TEN DOLLARS ($10.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (C) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES NOT TO EXCEED TEN DOLLARS ($10.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (D) ENTRANTS’ REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.
The parties hereto each agree to finally settle all disputes only through arbitration; provided, however, the Released Parties shall be entitled to seek injunctive or equitable relief in the state and federal courts in Johnson County, Kansas, and any other court with jurisdiction over the parties. In arbitration, there is no judge or jury, and review is limited. The arbitrator’s decision and award is final and binding, with limited exceptions, and judgment on the award may be entered in any court with jurisdiction. The parties agree that, except as set forth above, any claim, suit, action or proceeding arising out of or relating to this Sweepstakes shall be resolved solely by binding arbitration before a sole arbitrator by a mutually agreeable arbitration administration service. If an in-person hearing is required, then it will take place in Lenexa, Kansas. The federal or state law that applies to these Official Rules will also apply during the arbitration. Disputes will be arbitrated only on an individual basis and will not be consolidated with any other proceedings that involve any claims or controversy of another party, including any class actions; provided, however, if for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then the agreement to arbitrate doesn’t apply and the dispute must be brought in a court of competent jurisdiction in Johnson County, Kansas. Sponsor agrees to pay the administrative and arbitrator’s fees in order to conduct the arbitration (but specifically excluding any travel or other costs of entrant to attend the arbitration hearing). Either party may, notwithstanding this provision, bring qualifying claims in small claims court.
OFFICIAL RULES REQUEST:
To request a copy of the Official Rules, send a self-addressed, stamped envelope by December 20, 2023, to: The True Society’s Magic of the Season Giveaway Official Rules Request, 15500 W 113th Street, Lenexa, Kansas 66219.
WINNER CONFIRMATION REQUEST:
For a written confirmation of the winners (available after 01/15/2024), send a stamped, self-addressed envelope (no later than 01/05/24), to: The True Society’s Magic of the Season Giveaway Official Rules Request, 15500 W 113th Street, Lenexa, Kansas 66219.
Essense of Australia, Inc., 15500 W 113th Street, Lenexa, Kansas 66219.