Grand Opening Gift Certificate Giveaway Official Rules

From time to time, Wonderwall Design, LLC., d/b/a JH Breakell & Co. (“Sponsor”) may conduct contests, sweepstakes or giveaways (each “Giveaway”) on our retail and/or online platforms. By participating in a Giveaway, each entrant unconditionally accepts and agrees to comply with and abide by these “Official Rules,” including Sponsor’s interpretation of these Official Rules, which shall be final and binding in all respects. Sponsor may, from time to time, conduct promotions, including sweepstakes, for which Sponsor publishes specific rules.  In the event there is a discrepancy or inconsistency between these Official Rules and the promotion-specific rules, the promotion-specific rules shall govern. 

1.  Eligibility.  Giveaways are open only to individuals who are legal residents and physically located in the fifty (50) states in the United States or the District of Columbia and who are at least 18 years of age at the time of entry.  Employees, officers and directors of Sponsor, its parent, affiliates, subsidiaries, advertising and promotion agencies, distributors and other prize suppliers (collectively with Sponsor, the “Giveaway Entities”), and each of such employees’, officers’ and directors’ immediate family members and/or those living in the same household (whether legally related or not) of each are not eligible to enter the Giveaway or win a prize.  For purposes of this Giveaway, immediate family members are defined as spouse, partner, parents, legal guardians, in-laws, grandparents, siblings, children, and grandchildren, and those living in the same household shall mean people who share the same residence at least three (3) months a year, whether legally related or not.  Entries submitted by entrants who do not meet the eligibility requirements (including all requirements with respect to age and residence) are void. In the event of a dispute over the identity of an online entrant, the entry will be deemed submitted by the registered account holder of the email address associated with the entry or social media account for the domain associated with the submitted address.

2.  How to Enter.  Sponsor will give instructions on how to enter each Giveaway by stating such instructions by disclosing entry details on the applicable online platform on which Sponsor is executing the Giveaway.  The exact dates and method of entry for each Giveaway are referred to herein as the “Giveaway Period.”  Limit of 1 entry per person (regardless of method) will be accepted during each Giveaway Period.  Subsequent attempts made by the same individual to submit multiple entries by using multiple or false contact information, accounts or otherwise may result in the entrant being disqualified. Entries generated by a script, computer program, macro, programmed, robotic or other automated means are void and may be disqualified. Those who do not follow all of the instructions, provide the required information in connection with entry, and abide by these Official Rules or other instructions of Sponsor may be disqualified. Sponsor assumes no responsibility for entrants not making timely entries as a result of delays in internet streaming or other technical delays and is not responsible for lost, late, damaged, stolen, misdirected, mutilated, or incomplete entries, regardless of cause. Information collected from entrants may be used by Sponsor in accordance with, and subject to, Sponsor’s Privacy Policy. 

3.  Winner Selection and Prize Claiming.  Giveaway winners will be determined according to the method specified by Sponsor at Sponsor’s sole and exclusive discretion. Decisions of Sponsor as to the selection of the winner(s) will be final. The potential winner(s) will be notified using the information provided by the entrant in connection with entry, and such notification may be accomplished by email, telephone, mail, social media post (if entry is completed on a social media platform), or through a direct message on a social media platform (method to be selected by Sponsor in its sole discretion), within a commercially reasonable time after the Giveaway Period.  Sponsor is not responsible for false, incorrect, changed, incomplete or illegible contact information.  Notification is deemed to have occurred (i) immediately upon notification by email, phone call, or via a social media platform, or (ii) two (2) days after mailing if notification is conducted by mail.  If a potential winner cannot be contacted or does not respond to claim his or her prize within ten (10) business days after notification, he or she will be disqualified. Sponsor is not responsible for electronic communications that are undeliverable as a result of any form of active or passive filtering of any kind, or insufficient space in entrant’s email account to receive email messages.

Each potential winner may be required to submit an affidavit of eligibility / release of liability / prize acceptance agreement (collectively, the “Affidavit”) and return the Affidavit within the time period specified at notification before being eligible to receive his or her prize(s).  If any potential prize winner fails or refuses to sign and return such Affidavit within the time period required by Sponsor, or if the prize or prize notification is returned as rejected, faulty, unclaimed or returned as undeliverable to such potential prize winner, such potential prize winner may be disqualified and an alternate may be selected.  The winner(s) may also be required to provide Sponsor with a valid social security number for tax reporting purposes before the prize(s) will be awarded.  An IRS Form 1099 may be issued in the name of winner(s), 

4.  Prize(s) and Values. Prize(s) are non-transferable, with no cash redemptions, equivalents, or substitutions, except at Sponsor’s sole and absolute discretion. Sponsor reserves the right to substitute a prize of equal or greater value. All prize details not specified in these Official Rules and the applicable Giveaway advertisement will be determined in Sponsor’s sole and absolute discretion.  All prize(s) are awarded “AS IS” and without warranty of any kind, express or implied (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose). Winners are responsible for all applicable federal, state, provincial, municipal and local taxes and all other costs and expenses associated with prizes. Limit one prize per family or household within any 12-month period.

The odds of winning a prize depend on the number of eligible entries received.

5.  Publicity Release; License.  Subject to applicable law, by accepting a prize, winner(s) irrevocably grant Sponsor and its affiliates, successors, assigns and sub-licensees the right and permission to use their name, voice, likeness and/or biographical material for advertising, promotional and/or publicity purposes in connection with the Giveaway, in all forms of media and by all manners (now and hereafter known), and in connection with products, services, advertising and promotional materials (now known or hereafter developed), worldwide, in perpetuity, without any obligation or, notice.   

All entrants submitting materials/content as part of a Giveaway entry shall be deemed to grant to Sponsor a non-exclusive, royalty-free, worldwide license (with the unlimited right to sublicense) to use such materials, and the images related thereto (including entrant’s name, social media account username and likeness), for any purpose (including any and all commercial purposes), with the right to modify the materials and make derivative works thereof, without any further consideration to the entrant. Entrant represents and warrants that the materials submitted will not infringe or violate any right whatsoever, including, without limitation, any personal rights (e.g., defamation, privacy, false light, moral right, etc.) or any property rights (e.g., copyright, trademark, right to ideas, etc.) of any person or entity, and the use thereof will not result in any third party liability or obligations. Sponsor reserves the right to reject any content, in Sponsor’s sole discretion, based on the operating practices and policies established by Sponsor and the terms set forth herein.

6. Personal Information.  Sponsor collects personal information from you when you enter the Sweepstakes. By entering, you agree to receive Sponsor’s emailed newsletters and promotions from which you may unsubscribe at any time.

7.  Termination.  In the event Sponsor is prevented from continuing with a Giveaway by any event beyond its control, Sponsor shall have the right to modify, suspend or terminate the Giveaway or prize.  Sponsor additionally reserves the right, in its sole and absolute discretion, to modify, suspend or terminate the Giveaway should causes beyond Sponsor’s control corrupt or interfere with the administration, integrity, operation, security or proper play of the Giveaway.

8.  Waivers, Disclaimers and Releases.  By participating in the Giveaway, entrant hereby releases, indemnifies, and holds harmless Sponsor and its directors, officers, employees, agents, successors and assigns (“Released Parties”) from and against any and all claims, liability, costs (including attorneys’ fees), losses, damages, fines or injuries of any kind arising out of or related to: (i) entrants’ participation in the Giveaway (including travel to/from any Giveaway activity); or (ii) any acceptance, possession, misuse or use of any prize (including, without limitation, losses, damages or injuries to entrant’s or any other person’s equipment or other property, or to their persons, including those arising from any travel to/from any prize event or activity). Entrant agrees that the Released Parties shall have no responsibility or liability for any lost/delayed data transmissions, omissions, interruptions, viruses, bugs, defects; and/or any other errors or technical malfunctions of any kind.

9.  Governing Law / Limitation of Liability.  All disputes concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of the parties in connection with the Giveaway will be governed by and construed in accordance with the internal laws of the State of Rhode Island, 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 GIVEAWAY, 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 GIVEAWAY, 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. 

10.  Dispute Resolution.  The parties each agree to finally settle all disputes only through arbitration; provided, however, the Sponsor shall be entitled to seek injunctive or equitable relief in a court of competent jurisdiction sitting in Providence County, Rhode Island without regard for conflicts of law doctrine 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 Giveaway shall be resolved solely by binding arbitration before a sole arbitrator under the streamlined Arbitration Rules Procedures of JAMS Inc. (“JAMS”) or any successor to JAMS.  In the event JAMS is unwilling or unable to set a hearing date within fourteen (14) days of the filing of a “Demand for Arbitration”, then either party can elect to have the arbitration administered by the American Arbitration Association (“AAA”) or any other mutually agreeable arbitration administration service.  If an in-person hearing is required, then it will take place in a court of competent jurisdiction sitting in Providence County, Rhode Island without regard for conflicts of law doctrine.  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 sitting in Providence County, Rhode Island without regard for conflicts of law doctrine.  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.

11.  Miscellaneous.  The invalidity or unenforceability of any provision of these Official Rules or the Affidavit will not affect the validity or enforceability of any other provision.  In the event that any provision of the Official Rules or the Affidavit is determined to be invalid or otherwise unenforceable or illegal, the other provisions will remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.  In the event there is a discrepancy or inconsistency between disclosures or other statements contained in Sponsor’s Privacy Policy or terms of use on any website, social media platform or application and/or the terms and conditions of the Official Rules, the Official Rules shall prevail, govern and control and the discrepancy will be resolved in Sponsor’s sole and absolute discretion. 

12.  Identification of Sponsor.  Each Giveaway is sponsored by Wonderwall Design Group, d/b/a JH Breakell & Co., 132 Spring St., Newport, Rhode Island 02840.  Reference to third parties in connection with prizes and/or third-party websites or services are for reference and identification purposes only and not intended to suggest endorsement, sponsorship or affiliation with Sponsor or the Giveaway. EACH GIVEAWAY IS IN NO WAY SPONSORED, ENDORSED, ADMINISTERED BY, OR ASSOCIATED WITH FACEBOOK, INC. (“FACEBOOK”), INSTAGRAM, LLC, (“INSTAGRAM”), TWITTER, INC. (“TWITTER”), TUMBLR, INC. (“TUMBLR”) SNAP INC. (“SNAPCHAT”) OR ANY OTHER SOCIAL MEDIA PLATFORM (COLLECTIVELY, THE “SOCIAL MEDIA PLATFORMS”). BY ENTERING A GIVEAWAY, ENTRANT AGREES TO RELEASE EACH OF THE APPLICABLE SOCIAL MEDIA PLATFORMS FROM ALL LIABILITY RELATED TO PARTICIPATION IN THE GIVEAWAY.