TERMS AND CONDITIONS
Ellusionist.com LLC and/or its agents ("ellusionist®") maintain the 2013 Ellusionist Holiday Giveaway ("competition"). Entry to this competition is conditional on the acceptance of the following terms and conditions applying to your use ("Terms and Conditions") without limitation or reservation. Please read these Terms and Conditions carefully before entering in the promotion. You may not modify, reuse, report, or use the contents of this promotion for public or commercial purposes, including the text, images, audio, and video without prior written permission from ellusionist®. ellusionist® reserves the right to cancel or amend the promotion and/or these Terms and Conditions at any time without prior notice.
1. The Contest is open to all customers of ellusionist® who make a qualifying purchase (any purchase containing a shippable item, made between November 18, 2013 and midnight on December 31, 2013. Entrants under the age of eighteen (18) years old must seek parental and/or guardian consent before participating in the promotion.
2. Employees of ellusionist®, their advertising and promotion agencies, affiliate and/or media partners and their immediate family members and/or those living in the same household of each are not eligible for entry.
1. The Competition is valid from 19 November 2013 to 14 February, 2014.
2. To claim entry, send an email to email@example.com and include your name, order number, ticket number and confirmation of your delivery address, including zip and telephone number. One of our support staff will get right back to you to confirm your win.
3. Winning entries must be supplied at the request of the competition holder for verification, and the ticket code must match that shown on the Winning Tickets Page. 4. All prize claims must be received before 23:59pm on 14 February, 2014 (GMT -04:00). Claims not made in the official manner by this date will be declared void and will not be redeemed. Unclaimed prizes will be placed in a second chance draw to be held no later than February 28, 2014. All entrants in the Competition will automatically be entered in the second chance draw. 5. In any case where multiple winning entries are presented, ellusionist® will verify the validity of claims before awarding the valid claim, voiding any subsequent entries for that prize. 6. By making a valid, qualifying purchase from ellusionist® within the Competition period you will be automatically entered into the competition. Entry into the competition shall be deemed to be your agreement to all of the terms and conditions set out on this page. Should you not wish to abide by these terms, please do not make a purchase through our website. Contact our Support Staff to make your order, making a non-qualifying purchase, excluding entry from the competition.
7. All Holiday Giveaway Entry Tickets are placed into orders at random. ellusionist® staff do not have any control over the tickets placed in each order. Only 1 ticket will be placed into each order for every $50 spent in the cart, excluding Gift Certificates. The cart will display the number of tickets to be placed in your package, prior to purchase.
8. The winner(s) may be required to participate in public relations events tied to the contest to generate press coverage of the contest and the ellusionist® range. This may include, but not be limited to, quotes given for inclusion in press releases and press conferences, interviews, and articles.
9. ellusionist® cannot be held responsible for any prize tickets that do not meet their destination prior to competition end. This includes tickets lost or damaged in postage, included in delayed orders or other circumstances not layed out in these terms.
10. ellusionist® reserves the right to disqualify all entries that do not meet the rules and regulations of the Competition.
11. In complying with California State Law, ellusionist recognises the ability for entries to be made into the competition without purchase. To receive your free ticket, please send a stamped, self-addressed envelope to "Holiday Giveaway Free Entry, Ellusionist.com, 553 Martin Ave Unit C, Rohnert Park, CA 94928.
1. Prizes are non-transferable and non-exchangeable for cash and may be subject to availability. Value of the prizes may vary; ellusionist® reserves the right to replace any prizes with items of similar value without prior notice.
2. Acceptance of any prize shall constitute consent on the winner's part to allow the use of the winner's name, image, voice and/or likeness by ellusionist® for editorial, advertising, promotional, marketing and/or other purposes without further compensation except where prohibited by law. Acceptance of any prize shall constitute a release and discharge of ellusionist® by the winner and participants from any and all liability, claims, demands, causes of action, and/or damages which the winner or entrants may have, whether known or unknown at the present time, of any nature whatsoever, arising out of or relating to: (i) the competition, (ii) personal injury and/or property damage, theft or loss suffered by the winner as a result of the use and/or enjoyment of the prize, and/or (iii) any tax liabilities in relation to the contest, prize and/or use or enjoyment of the same. 3. All winners of the competition will be announced on facebook.com/ellusionist and in a prize notification blog post at blog.ellusionist.com no later than February 28, 2014 - excepting those prizes that remain unclaimed. Additionally, notification emails will be sent within 7 days following the closing of the promotion for any prizes that remain unshipped. ellusionist® reserves the right to deal with all unclaimed prizes in any manner deemed fit. 4. Prize odds for the contest are conditional on the number of entries received/given during the promotion period and can therefore not be accurately published. Odds for winning any one prize are equal. Maximum odds for winning any prize should not at any point exceed 1 in 50,000 chance based on forecast of ticket supply. Should more than 50,000 tickets require to be issued before the end of the competition period, additional prizes will be added to maintain odds. Total prize pool value (non-inclusive of free gifts) is approximately $15,610.00 recommended retail value. 5. ellusionist®’s decision regarding the award of all prizes, and/or in every situation including any not covered in these Terms and Conditions, shall be final and binding on all participants in the contest, and no queries, challenges or appeals may be made or entertained regarding ellusionist®'s decision on the same. The receipt by any winner of any prize under this Competition is conditional upon compliance with any and all applicable laws, rules and regulations.
1. ellusionist® cannot accept any responsibility for any damage, loss, injury or disappointment suffered by any entrant entering the Competition or as a result of entering the Competition or accepting any prize. ellusionist® is not responsible for any safe custody, return, non-delivery or missing of entries, late, misdirected, problems or technical malfunction of any telephone network or lines, computer on-line systems, servers, or providers, computer equipment, software failure of any email or entry to be received on account of technical problems or traffic congestion on the Internet, telephone lines or at any web site, or any combination thereof, including any injury or damage to entrant's or any other person's computer or mobile telephone related to or resulting from participation or downloading any materials in the Contest.
2. By entering the Competition or accepting the prizes, You agree that no claim relating to such losses or injuries (including special, indirect and consequential losses) shall be asserted against ellusionist®, its affiliates, directors, officers, employees or agents from any and all losses, damages, rights, claims and actions of any kind resulting from the Competition and acceptance of any prize, including without limitation, personal injuries, death and property damage.
USE OF PERSONAL INFORMATION
1. By entering the competition, You agree:
o to the use of your name and/or likeness, without compensation, for ellusionist®'s promotional and marketing purposes; and
o to the use of the information submitted in any claim, without compensation, for ellusionist®'s promotional and marketing purposes; and
o to the use of the provided video for ellusionist® promotional and marketing purposes.
2. Each individual participating to this competition acknowledges that: o in respect of any Personal Information disclosed by her/him to ellusionist® or obtained by ellusionist® from her/him pursuant to this application: o she/he is authorised to disclose such Personal Information; such disclosure complies with any Privacy Legislation from any country, within the geographical scope of this competition, and the use of such Personal Information by ellusionist® as contemplated by this application (including, without limitation, the disclosure of such Personal Information to ellusionist®'s external agencies or third parties).
3. ellusionist® and its affiliated companies respect the privacy of every individual who visits our Web site, Application or responds to our contest. Please refer to our Privacy & Security Statement for details.
Pursuant to those conditions stipulated above, this General Release hereby gives ellusionist® permission to use, air, display, promote, and/or discuss any and all likenesses, identities, and product(s) displayed and/or provided in conducting of this competition. Where such content is not the property of the user, ellusionist® will not be held liable for the use, display, promotion and/or discussion of such property, likeness or identity. ellusionist® assumes in good faith that where such content has been provided, permissions for use have been provided by the content owners. Additionally, the user and/or their participants jointly, separately and severally hereby forever releases and indemnifies ellusionist® from any claims, actions, suits, demands, agreements, and each of them, if more than one, liabilities, judgments, and proceedings at law and in equity arising from participation in this contest, including but not limited to using, airing, promoting, and/or discussing, user’s name, likeness, identity, content and product(s).
For any terms, requirements or questions not addressed in these, the Terms and Conditions, please contact our support staff with your query. Further conditions of entry can be found in our FAQ video, located here.