Official Rules

NO PURCHASE OR PAYMENT IS NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.

THIS CONTEST IS SPONSORED BY CBI DISTRIBUTING CORP. (Claire’s). IT IS NOT SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH INSTAGRAM. You understand that you are providing your information to Claire’s and not to Instagram. You can view Claire’s privacy policy at https://www.claires.com/us/privacy-policy.html.

1. Eligibility

   The Claire’s Win a Date with Johnny Orlando Contest (the “Contest”) is open only to legal residents of the fifty (50) United States (and the District of Columbia), Puerto Rico, and Canada (excluding Quebec), who are between the ages of thirteen (13) and eighteen (18) at the time of entry. Void in Quebec and where prohibited. Proof of residency and age may be required. Employees and directors of Claire’s and Sync Marketing LLC and their subsidiaries, divisions, affiliates, and advertising or promotional agencies or individuals involved with the design, production, execution or distribution of the Contest and the immediate family and household members of such individuals, are not eligible to enter or win. “Immediate family members” shall mean parents, stepparents, children, stepchildren, siblings, stepsiblings, or spouses, regardless of where they live. “Household members” shall mean people who share the same residence at least three months a year, whether related or not. In order to enter the Contest or receive the prize, you must fully comply with the Official Rules and, by entering, you represent and warrant that you agree to be bound by these Official Rules and the decisions of the Sponsor, whose decisions shall be binding and final in all respects relating to this Contest.

2. Sponsor and Administrator

   Sponsor: CBI Distributing Corp., 2400 West Central Road, Hoffman Estates, IL 60192. Administrator: Sync Marketing LLC, 10960 Wellworth Avenue, Unit 301, Los Angeles, CA 90024.

3. Timing

   Contest begins April 4, 2019 at 12:01 a.m. Pacific Time and ends May 1, 2019 at 11:59 p.m. Pacific Time (“Contest Entry Period”). Sponsor is the official time keeper for this Contest. The Contest is governed by these Official Rules and is subject to all applicable federal, state, provincial and local laws.

4. How to Enter

   During the Contest Entry Period: 1) snap a video or image of your promposal to Johnny Orlando (the “Submission”); 2) upload the Submission on Instagram with the hashtags #ClairesLovesJohnnyOrlando and #Contest in the post; and 3) tag @clairesstores in the caption of the post and/or image.

   You must have your Instagram profile settings as PUBLIC to enter your Submission. To participate in the Contest, if you do not already have an Instagram account, download the free Instagram application (compatible with iPhone, iPod touch, iPad and Android) and create an account as instructed. Getting an Instagram account is free. Submission must comply with Instagram’s Terms of Use, which can be found at https://instagram.com/about/legal/terms/#. ALL SUBMISSIONS MUST BE RECEIVED BY 11:59 PM PT ON MAY 1, 2019. Entrants can submit as many entries as they want during the Contest Entry Period. Use of multiple Instagram accounts to enter by the same individual is prohibited and may result in disqualification. Submissions will be deemed to have been submitted by the authorized account holder of the Instagram account from which the Submission is uploaded at the time of the entry, as identified by the primary email address associated with that account. Submissions will not be acknowledged or returned. You are not permitted to share the same Instagram account with another entrant. Use of any automated system to enter is prohibited and will result in disqualification. Sponsor is not responsible for lost, late, incomplete, invalid, unintelligible or misdirected entries all of which will be ineligible to win a prize.

5. Submission Requirements

   The Submission must comply with the following requirements: (i) the Submission may not feature any person other than entrant; (ii) other than the Sponsor, its products, brands and/or logos, the Submission may not show, contain, mention, depict, refer or otherwise allude to the name, logo or product of any other retailer, manufacturer, brand, product, store, place of business, person, company or character in such a way or manner as to imply an affiliation with, or endorsement of, the Sponsor, its products, brands and/or this Contest; (iii) the Submission must be entrant’s own original work (or the entrant must have the rights from the photographer or videographer to make the submission), created solely by entrant and not created professionally; must not have won any award; and must not infringe the copyright, trademark, privacy, publicity, or other personal or proprietary rights of any person or entity; (iv) the Submission may not contain, mention, refer or otherwise allude to any material that is violent, lewd, obscene, sexually explicit, pornographic, disparaging, defamatory, libelous, racially or morally offensive or otherwise contain inappropriate content or objectionable material; (v) the Submission cannot promote alcohol, illegal drugs or tobacco, firearms/weapons (or the use of any of the foregoing), any activities that may appear unsafe or dangerous, or any political agenda or message; (vi) the Submission cannot in any manner defame, misrepresent, contain disparaging remarks or reflect negatively about Sponsor, its products, or other people, products or companies or their products, or in any way reflect negatively upon such parties or explicitly or implicitly communicate messages or images inconsistent with the positive images and/or goodwill with which Sponsor wishes to be associated, as determined by Sponsor in its sole discretion; (vii) the Submission cannot contain any personal identification, such as personal names, email addresses or street addresses, without express permission of Sponsor; (viii) the Submission cannot itself be in violation of any law; and (ix) the Submission must otherwise be in compliance with these Official Rules. Sponsor reserves the right, in its sole discretion, to disqualify any Submission that Sponsor believes, in its sole discretion, does not comply with or is in violation of these Official Rules or that otherwise contains prohibited or inappropriate content.

6. Grant of Rights

   By submitting the Submission, the entrant represents and warrants that he/she has all right, title and interest necessary to grant the Sponsor the worldwide, irrevocable and unrestricted right and license to adapt, publish, use, edit, and/or modify such Submission in any way and post the Submission on the internet or use the Submission in any other way and agrees to indemnify and hold Sponsor harmless from any claims to the contrary.

7. Representations and Warranties/Indemnification

   Each person who enters this Contest represents and warrants as follows: (i) entrant has obtained any and all necessary permissions required to submit the Submission and for Sponsor’s right to use the Submission for any purpose, including the consent of any identifiable third person(s) appearing in the Submission, and entrant can and will make written copies of such permissions available to Sponsor upon request; (ii) the Submission is owned by entrant; (iii) the Submission is wholly original with entrant and, as of the date of submission, the Submission is not the subject of any actual or threatened litigation or claim; (iv) the Submission does not and will not violate or infringe upon the intellectual property rights or other rights of any other person or entity, including, but not limited to, rights of privacy and publicity; and (v) the Submission does not and will not violate any applicable laws, and is not and will not be considered defamatory or libelous. Each entrant hereby agrees to indemnify and hold the Sponsor, Administrator and their subsidiaries, affiliates, divisions, partners, representatives, agents, successors, assigns, employees, officers and directors harmless from and against any and all third party claims, actions or proceedings of any kind and from any and all damages, liabilities, costs and expenses relating to or arising out of any breach or alleged breach of any of the warranties, representations or agreements of entrant hereunder.

8. Winner Determination

   After the end of the Contest Entry Period, a panel of qualified judges determined by Sponsor in its sole discretion will select the ten (10) best Submissions (the “Finalists”) from among all eligible Submissions that were submitted, based on an application of the following criteria:

   • Proposal Creativity (50%);
   • Personal Style and Appearance (25%); and
   • Photo and Video Creativity (25%).

   Then, Johnny Orlando will review the ten (10) Finalists’ Submissions using the same criteria listed above to determine the one (1) grand prize winner. In the event of any tie at any phase of the judging, the entrant who receives the higher score in the “Proposal Creativity” category, as determined by the qualified judges in their sole discretion, will be selected from among the tied entrants as the potential prize winner or potential Finalist. Odds of winning depend on the number of eligible entries received during the Contest Entry Period and the quality of the Submissions.

   On or about May 6, 2019, Administrator will contact potential winner. Potential winner will be notified by DIRECT MESSAGE ON INSTAGRAM from @clairesSTORES and will be required to respond within 48 hours of notification via email. Potential winner must follow the initial prize claim instructions and any subsequent claim instructions, or the prize will be forfeited in its entirety. Sponsor’s decisions as to the administration and operation of the Contest and the selection of the potential winner is final and binding in all matters related to the Contest.

9. POTENTIAL WINNERS ARE SUBJECT TO VERIFICATION BY SPONSOR AND/OR ADMINISTRATOR. SPONSOR AND ADMINISTRATOR’S DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE ADMINISTRATION, OPERATION, SELECTION OF THE WINNERS AND OTHER MATTERS RELATED TO THE PROMOTION.
10. Verification of Potential Winners

    Potential winner may be required to complete and return an Affidavit of Eligibility, Release of Liability and Publicity Release (where permitted by law) (collectively, the “Affidavit”) by the date specified by Sponsor, or an alternate potential winner may be selected. In the event: (a) potential winner cannot be reached for whatever reason after a reasonable effort has been exerted or the potential winner notification or Affidavit is returned as undeliverable; (b) potential winner declines or cannot accept, receive or use the prize for any reason; (c) of noncompliance with the above or within any of the aforesaid time periods, (d) potential winner is found to be ineligible to enter the Contest or receive the prize, (e) potential winner cannot or does not comply with the Official Rules, or (f) potential winner fails to fulfill the Affidavit-related obligations, the potential winner shall be disqualified from the Contest and an alternate potential winner may be selected, at Sponsor’s sole discretion, from among the other eligible entries received. Sponsor reserves the right to modify the notification and Affidavit procedures in connection with the selection of alternate potential winner, if any.

11. Grand Prizes

    One (1) grand prize will be awarded. Grand prize winner will receive a 3-day/2-night trip to Los Angeles, CA for winner and one (1) travel companion to participate in an exclusive “date” experience with Johnny Orlando on May 17, 2019. Prize includes an all-access experience to Johnny Orlando’s Los Angeles show on the Teenage Fever Tour on May 17th. Winner will watch the show in an exclusive VIP area, enjoy a private lunch with Johnny Orlando before the show, an exclusive one-on-one photo session, receive one signed merchandise item of choice, and be on stage with Johnny Orlando during his song, “Everything”

    Trip includes roundtrip air transportation (coach) for up to two (2) people from a major U.S., Puerto Rican or Canadian gateway airport nearest the winner’s home to Los Angeles, CA, hotel accommodations (one (1) standard room, double occupancy for two (2) nights), ground transportation to and from the airport in Los Angeles and hotel and to and from the hotel and ‘date’ experience, meals for winner and travel companion while in Los Angeles, and Claire’s Prom accessories valued at one hundred-dollars ($100). Trip will depart for Los Angeles, CA on or about May 16, 2019 and will return on May 18, 2019 (collectively the “Grand Prize”). All dates determined by the Sponsor in its sole discretion. If winner is unable to travel on the specified dates the prize will be forfeited and no other compensation will be provided. If winner lives within 150 miles of Los Angeles, ground transportation will be provided. If winner is a minor, winner’s parent or legal guardian must accompany the winner at all times during the trip specifically including but not limited to the ‘date’ experience. All expenses and incidental travel costs not expressly stated in the package description above, including but not limited to, ground transportation, baggage fees, personal charges at lodging, security fees, taxes or other expenses or incidentals are the responsibility solely of winner. If the winner is a minor, the winner’s parent or legal guardian must be the travel companion. If the winner is not a minor, the travel companion must be 18 or older at the time of travel. If the winner is a minor, the prize will be awarded in the name of his/her parent or legal guardian who must execute the necessary affidavit and release and must accompany winner on the trip. Travel companion will be required to execute a Release of Liability/Publicity Release (where legal) prior to departure. Winner and travel companion must travel at the same time and on the same itinerary. Winner and travel companion are required to have all necessary travel documents (i.e., valid Government ID and/or Passport). Approximate retail value of Grand Prize is $3,100 USD. If a prize-related event is unable to take place as scheduled, for reasons such as cancellation, preemption, postponement or unavailability, including for weather, or for any reason beyond the control of the Sponsor, their sole responsibility to the winner will be to award the remaining available elements of the prize and no substitution or compensation will be provided for the unawarded elements of the prize. If Johnny Orlando is not able to make the ‘date’ experience no other consideration or prize will be provided. Sponsor in its sole discretion, reserves the right to deny entry to or to remove the winner and/or guests if either engages in disruptive behavior or in a manner with intent to annoy, abuse, threaten or harass any other person during any part of the trip.

    No cash equivalent for the prize, prize is non-transferable and no substitution will be made except as provided herein at the Sponsor’s sole discretion. Sponsor reserves the right to substitute the listed prize for one of equal or greater value for any reason. Winner (or parent / legal guardian if winner is a minor) is responsible for all taxes and fees associated with prize receipt and/or use. All federal, state, and local tax liabilities, as well as any other costs and expenses not specified herein as being awarded are the sole responsibility of the Winner. Winner (or parent / legal guardian if winner is a minor) may be required to complete and return an IRS W-9 form (i.e. Request for Taxpayer Identification Number and Certification). Prize will be awarded only if the potential prize winner fully complies with these Official Rules.

12. Entry Conditions and Release

    Each entrant agrees to: (a) comply with and be bound by these Official Rules and the decisions of Sponsor and Administrator which are binding and final in all matters relating to this Contest; (b) defend, indemnify, release and hold harmless the Sponsor, Sync Marketing LLC, Johnny Orlando and their respective parent, subsidiary, and affiliated companies, celebrities, and any other person and organization responsible for sponsoring, fulfilling, administering, advertising or promoting the Contest, and all of their respective past and present officers, directors, employees, agents and representatives (collectively, the “Released Parties”) from and against any and all claims, expenses, and liability, including but not limited to negligence and damages of any kind to persons and property, including but not limited to invasion of privacy (under appropriation, intrusion, public disclosure of private facts, false light in the public eye or other legal theory), defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright or other intellectual property rights, property damage, or death or personal injury arising out of or relating to a participant’s entry, creation of an entry or submission of an entry, participation in the Contest, acceptance, possession, attendance at, defect in, delivery of, inability to use, use or misuse of prize (including any travel or activity related thereto) and/or the broadcast, exploitation or use of entry. Winner acknowledge that Grand Prize is awarded as-is without warranty of any kind.

13. Publicity

    Except where prohibited or restricted by law, winner’s acceptance of prize constitutes the winner’s agreement and consent for Sponsor and any of its designees to use and/or publish winner’s full name, city and state of residence, photographs or other likenesses, pictures, portraits, video, voice, testimonials, biographical information (in whole or in part), and/or statements made by winner regarding the Contest or Sponsor, worldwide and in perpetuity for any and all purposes, including, but not limited to, advertising, trade and/or promotion on behalf of Sponsor, in any and all forms of media, now known or hereafter devised, including, but not limited to, print, TV, radio, electronic, cable, or World Wide Web, without further limitation, restriction, compensation, notice, review, or approval.

14. General Conditions

    Sponsor and its subsidiaries, affiliates, divisions, partners, representatives, agents, successors, assigns, employees, officers and directors shall not have any obligation or responsibility, including any responsibility to award any prize to entrants, with regard to: (a) entries that contain inaccurate information or do not comply with or violate the Official Rules; (b) entries, prize claims or notifications that are lost, late, incomplete, illegible, unintelligible, damaged or otherwise not received by the intended recipient, in whole or in part, due to computer, human or technical error of any kind; (c) entrants who have committed fraud or deception in entering or participating in the Contest or claiming the prize; (d) telephone, electronic, hardware, software, network, Internet or computer malfunctions, failures or difficulties; (e) any inability of the winner to accept the prize for any reason; (f) if a prize cannot be awarded due to delays or interruptions due to Acts of God, natural disasters, terrorism, weather or any other similar event beyond Sponsor’s reasonable control; or (g) any damages, injuries or losses of any kind caused by any prize or resulting from awarding, acceptance, possession, use, misuse, loss or misdirection of any prize or resulting from participating in this Contest or any promotion or prize related activities. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be (a) tampering with the entry process or the operation of the Contest, or with any Website promoting the Contest; (b) acting in violation of the Official Rules; or (c) entering or attempting to enter the Contest multiple times through the use of multiple email addresses or the use of any robotic or automated devices to submit entries. If Sponsor determines, in its sole discretion, that technical difficulties or unforeseen events compromise the integrity or viability of the Contest, Sponsor reserves the right to void the entries at issue, and/or terminate the relevant portion of the Contest, including the entire Contest, and/or modify the Contest and/or award the prize from all eligible entries received as of the termination date.

15. Limitations of Liability

    The Released Parties are not responsible for: (a) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Contest; (b) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (c) unauthorized human intervention in any part of the entry process or the Contest; (d) technical or human error in the administration of the Contest or the processing of registrations; or (e) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Contest or receipt or use or misuse of any prize. If for any reason an entrant’s registration is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another entry in the Contest. No more than the stated number of each prize will be awarded.

16. Disputes

    Entrant agrees that: (a) any and all disputes, claims and causes of action arising out of or connected with this Contest, or any prize awarded, shall be resolved individually, without resort to any form of class action; (b) any and all disputes, claims and causes of action arising out of or connected with this Contest, or any prize awarded, shall be resolved exclusively by the United States District Court or the appropriate Illinois State Court located in Cook County, Illinois; (c) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, but in no event attorneys’ fees; and (d) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of Illinois, without giving effect to any choice of law or conflict of law rules (whether of the State of Illinois or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Illinois.

17. Entrant’s Personal Information

    Information collected from entrants is subject to the Sponsor’s Privacy Policy, which is available at https://www.claires.com/us/privacy-policy.html.

18. Contest Results

    For Contest results, send an email with the subject line of “Winner’s List – Claire’s Win a Date with Johnny Orlando Contest” to [email protected]. Requests for the Winner’s List must be received by August 1, 2019.

    For questions, send an email to [email protected].

    This Contest is in no way sponsored, endorsed or administered by, or associated with Instagram. Any and all questions, comments or complaints regarding the Contest must be directed only to Administrator and not Instagram.