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HSN Community / Forums / HSN Christmas Giveaway Terms and Conditions

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HSN CHRISTMAS GIVEAWAY

OFFICIAL RULES

NO PURCHASE OR PAYMENT OF ANY KIND NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. INSTAGRAM ACCOUNT REQUIRED TO ENTER. Void where prohibited or restricted by law. These Official Rules may be found on Sponsor’s Instagram bio page.

By entering, Participants accept these Official Rules, any additional terms and conditions specific to the Promotion communicated by Sponsor, the Sponsor’s Privacy Policy (Privacypolicy | HSN)(incorporated herein by reference) and the decisions of the Sponsor (“Terms”), all of which are final and binding with respect to all matters and interpretations pertaining to this Promotion. Please carefully read all of these Terms (Rules posted on Sponsor’s bio page on the respective Social Media Platform). If you do not agree to these Terms, you should not participate in this Promotion; submission of an Entry will constitute your acceptance and agreement. Participants agree that personal data captured during the Promotion may be processed, stored, and otherwise used for the purposes and within the context of the Promotion and as permitted by and in accordance with any other of the previously mentioned Terms. By entering, you agree to be contacted by Sponsor (and its authorized representatives) with communications and reminders relating to the Promotion and you also understand your data may be used by Sponsor to verify identity and eligibility to receive a prize, and for prize fulfillment purposes.

ARBITRATION NOTICE: BY ENTERING, YOU AGREE THAT DISPUTES BETWEEN YOU AND ANY PROMOTION ENTITY WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A JURY TRIAL, CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. SEE DISPUTES/ARBITRATION PROVISION.

ELIGIBILITY: The HSN Christmas Giveaway (“Promotion”) is offered only in the fifty (50) United States (including D.C.) (“U.S.”) to legal U.S. residents, 18 years of age or older (eligible “Participants”). Employees, officers, directors of HSN, Inc. (“Sponsor”), its parent, subsidiary, affiliated companies, agents, contractors, advertising/promotion agencies, including Promotion partners and/or prize suppliers, and HSN talent (including but not limited to show hosts, guests and other personalities connected with this Promotion), and individuals/entities engaged or involved in the development, production, or distribution of materials for, execution or implementation of the Promotion (all collectively the “Promotion Entities”), and the immediate family members (spouse (including domestic partners), siblings, children and parents including foster and step-relations) or those living in their same household (whether or not related) of the aforementioned parties are not eligible to enter or win a prize.  Further, any individual whose HSN account is not in good-standing, or whose account has been closed and not reinstated by HSN is not eligible to enter or win. 

PROMOTION PERIOD: Promotion begins on or about 12:00 am ET on or about December 12, 2024 and ends on December 16, 2024 at 11:59 pm ET (“Promotion Period”). All time referenced herein is Eastern Time. Participants are solely responsible for determining the correct time zone in their respective jurisdictions; Promotion Entities disclaim all liability or responsibility relating thereto. Sponsor’s social media account’s server/computer is the official time keeping device for the Promotion.


ENTER:
 During the Promotion Period, eligible Participants enter only via Instagram (“Social Media Platform”) in accordance with the following:

(i) Follow Sponsor on Instagram @HSN;

(ii) Like and comment in response to the Promotion specific post by telling us about ONE eligible HSN item, under $150 (retail value, excludes taxes and shipping) currently being sold on HSN, that’s on your Christmas wish list; AND

(iii) Use #Giveaway (“Entry”).

Sponsor reserves the absolute right to exclude any item as a wish list prize in its absolute and sole discretion. Without limiting the foregoing, items excluded from prizing include, but are not limited to, items that are no longer being sold by HSN, items out of stock, backordered or otherwise unavailable, electronics, alcohol, wellness vitamins and supplements.

Limit one (1) Entry per person during the Promotion Period. Your privacy settings must be set to public and cannot be set to “off” or “private.”

Any Entry that does not include all content required herein, does not (in Sponsor’s sole discretion) appear to be submitted in good-faith, or that fails to follow all steps and include all information as required, including an eligible HSN item, may be disqualified. HSN products and/or brands featured and/or mentioned in the Entry must be featured appropriately, accurately, truthfully and legally or else Entry will be immediately disqualified. In addition to all other restrictions and conditions stated or incorporated elsewhere herein, Entries must NOT mention or feature a minor under the age of 13, or contain content that appears to condone, promote, contain, depict or describe in any manner illegal, dangerous, harmful, offensive, cruel, unsafe, demeaning, disgusting, highly political or sensitive topics, over-consumption, or any other improper or unsuitable activities/content (as determined by Sponsor in its discretion) or will be subject to disqualification.

ENTRY SPECIFICS: Entries must be complete, compliant, submitted via the method and Social Media Platform communicated, and timely received by Sponsor. Sponsor has the right to verify Participants’ eligibility and compliance with these Official Rules and, on the basis of its investigation, to disqualify any Entry/Participant at any time and require immediate prize return if applicable. Entries may only be submitted by a single registered social media account user; group or commercial submissions are not permissible. Incomplete, invalid, unsuitable, or otherwise non-compliant Entries (as determined in Sponsor’s absolute discretion) will not be eligible. If, upon review, Sponsor (or its authorized representative) is unable to determine that an Entry and/or Participant is eligible, compliant, or reasonably suspects that it/he/she is not eligible or compliant in whole or in part, the Entry as a whole may be disqualified. Proof that an Entry was uploaded does not constitute proof or evidence that it was received within the Promotion Period or eligible for the Promotion. Entries will not be acknowledged or returned. Entries submitted via any other entry method than stated herein will not be accepted. The Promotion may be advertised on one or more social media platform(s), but entries are accepted and prize awarded only on Instagram (“Social Media Platform”), as specified in these Rules. Participants may not (whether apparent or suspected) enter through a sweepstakes/contest club or exchange site (or similar method, whether or not paid), with multiple or false identities, accounts, IP addresses, or devices, or use multiple e-mail and/or street addresses, use computer systems or algorithms generating artificial intelligence and/or deepfakes, bots, robotics, or use any other device or artifice to enter or participate. Engaging directly or indirectly in any (apparent or suspected) prohibited participation methods as determined in Sponsor’s sole and absolute discretion, will void all such from, and disqualify any Participant suspected of using/benefitting from such methods.

Without limiting the foregoing, Entries will be disqualified if Sponsor believes the Entry is not in the spirit of the Promotion, is not compliant herewith, or will have a detrimental impact on Sponsor, this Promotion, or any of Sponsor’s brand, products or services. Furthermore, if an Entry, for any reason whatsoever, garners or contains comments that are unpleasant, distasteful, nasty or otherwise inappropriate for the Sponsor community (as determined by Sponsor in its sole discretion), Sponsor reserves the right to disqualify Entry/Participant and remove any such Entry. In the event of a dispute as to the identity of an online Participant, the authorized account holder used in connection with the Entry will be deemed to be the Participant, provided eligible.

Participants’ use of the respective Social Media Platform used to facilitate entry must comply with and be in accordance with its respective Promotion Guidelines, Terms of Use/Service and Privacy Policies (found on its respective home page). This Promotion is in no way sponsored, endorsed or administered by, or associated with Instagram, Meta or any other Social Media Platform(s). If you don’t have a social media account, you can become a member without charge by simply following the Social Media Platform instructions and accepting the terms and conditions of use. By entering, Participants understand and agree that submitted eligible entries may be subject to public viewing, streaming (i.e. “digital transmission”), downloading (i.e. “digital distribution”), and public comments, including but not limited to being reposted, forwarded, and otherwise displayed for commercial and non-commercial purposes, throughout Sponsor’s and unrelated third parties’ digital and off-line social media, marketing and advertising properties.

YOUR USE OF A MOBILE DEVICE: Normal internet access and device usage charges imposed by your mobile plan and/or on-line service may apply to Entry via mobile device. For those entrants entering with a mobile device: Promotion may not be available via all mobile carriers; messaging and data rates apply to text or internet access via mobile devices; other charges may apply; check your mobile plan for rates/details; and consent is not a condition of any purchase.

REPRESENTATIONS ABOUT YOUR ENTRY: As applicable, by submitting an Entry, Participants represent and warrant (and agree to release and indemnify Promotion Entities from same) that: they have the absolute right and all requisite consents to submit such Entry (including the name, likeness, image, voice and any other information disclosed or conveyed about/by any and all individuals and venues included therein), and submitting such Entry does not appear to violate or infringe the rights of Sponsor, or any individuals or any other third party, entity or venue, will not constitute a violation of laws, regulations or policies, and will not bring Sponsor or the Promotion Entities into public disrepute, scandal or embarrassment; their Entry submitted and all content therein is truthful and accurate, has not been created for or submitted in any other Promotion or copied in whole or in part from any other work, and is the sole and exclusive property of the Participant (or Participant has the full consent to submit it herein for all uses contemplated); the Entry does not contain, depict, condone, encourage or promote activities or content prohibited by these Rules; the Entry does not depict, refer to or contain in any respect information about an individual under the age of 13; and any individuals mentioned, featured in, or who have worked on the Entry, in whole or in part, in any manner have given Participant their consent to submission of Entry into this Promotion and the use contemplated.

If requested by Sponsor, Participant shall provide evidence of the above in writing. Nothing herein shall be deemed an obligation of confidentiality. Any trademarks, logos, brand names, venues, sponsorships or any other intellectual property appearing in any way in connection with this Promotion, prizing, or any Entry are the property of their respective owners, which are not sponsors or affiliated with this Promotion in any way.

LICENSE: At the time an Entry is submitted, whether or not selected as a winner, in consideration for the opportunity to participate in the Promotion, Participants grant to Sponsor a non-exclusive, fully paid and royalty-free, transferable, sub-licensable, worldwide license to use the Entry, in whole and in part, and all the information, and intellectual and property rights therein including the right to display, reproduce and make derivative works, in (un)altered or modified/composite format, through-out the world, and further agree to execute all documents and perform all acts deemed necessary by Sponsor to protect Sponsor’s license in the intellectual property, and agree not to assert moral rights in or to the Entry or any part thereof. Participants understand and agree by granting this license their Entry may be modified, edited, distorted, used in whole or in part, alone or in combination with other works, used in illusory or composite form, or in any other manner, as solely determined by Sponsor in any media and medium whatsoever now known or hereinafter developed (including without limitation print, broadcast, radio, internet, and posted throughout Sponsor’s and (unrelated) third parties’ digital, on-line, and off-line social media, marketing and advertising properties, and/or any other media/medium through-out the world) without further compensation or review. Participants will not now nor in the future be paid for their Entry or for granting Sponsor any of these rights.

RANDOM DRAWING/ODDS: Three (3) potential winners will be selected in a random drawing conducted by Sponsor (or its authorized representative) on or within approx. ten (10) business days after the end of the Promotion Period from among all eligible entries received. Odds of winning depend on the number of eligible entries received. Potential winner(s) will be notified by direct message via Instagram account used to enter and will be asked to respond with their contact information and/or given instructions to claim their prize. If a potential winner cannot be reached using the contact information provided, declines or refuses the prize for any reason, fails to follow the instructions or reply on or within the time specified by Sponsor in any notification, is non-compliant, or is found to be ineligible, they may be disqualified and forfeit the prize and an alternate potential winner may be randomly selected in Sponsor’s sole discretion, as provided herein. Once notified, potential winner will not be notified again. Promotion Entities shall have no liability for any winner notification that is intercepted, not received, not delivered, misdirected into spam/junk folders, not timely acted upon, or otherwise not responded to by a potential winner for any reason whatsoever and the prize will be forfeited. After one additional unsuccessful attempt to award a prize to an alternate winner, that prize will remain unawarded; there will not be a second-chance drawing.

Prize or prize notifications that are unawarded, unclaimed, undelivered, misdelivered, refused, or returned will not be re-awarded. Potential winner(s) may be required to sign, have witnessed and return a Declaration of Eligibility, Liability and Publicity Release within the time specified by Sponsor, or else prize will be forfeited.

PRIZES: Assuming sufficient eligible Entries are received, the following prizes are available to be awarded, subject to verification of eligibility and compliance with these Rules.

Grand Prize (3): One (1) eligible HSN item under $150, currently sold by HSN. ARV of Prize: under $150. Total ARV of all prizes: under $450.  Prize shipped to verified winners within the U.S. only. Sponsor will attempt to provide the eligible HSN item mentioned in winners’ Entry. However, Sponsor makes no representations or guarantees in that regard. Eligible item’s retail value excludes taxes and shipping. Items may be excluded from prizing or substituted by Sponsor in its discretion. If an item mentioned in an Entry is ineligible, that entry may be disqualified.

Limit one (1) prize per person/household address during the entire Promotion. Any difference between ARV and actual value of a prize will not be awarded. Any and all applicable local, state, and federal taxes and all expenses not specifically stated herein are solely the responsibility of a winner, if applicable. Winner is advised to seek independent counsel regarding tax implications of their prize winning, if applicable. Only the description, number and denomination of prizes stated in these Official Rules is available to be won in the Promotion. In no event will Promotion Entities be responsible to award more than the stated number of prizes herein. If because of technical, typographical, mechanical or other errors or for any other reason, there are more claims for a prize than prizes offered as stated in these Official Rules, a random drawing will be held among all eligible non-suspect claimants in such category to award such prize. Prizes cannot be assigned, transferred, redeemed for cash, or substituted, except by Sponsor who may, at its sole discretion, substitute a prize, or any item therein with a prize or substitute item of equal or greater value. Prize, and any element thereof, including any products received as a prize, may not be sold, resold, auctioned, bartered, or placed into any other unauthorized channels of distribution. Any prize pictured in advertising, any website, or on Promotion materials is for illustrative purposes only and may not be the actual prize awarded. WITH THE EXCEPTION OF ALL VALID MANUFACTURER’S WARRANTIES WITH RESPECT TO A PRIZE, PRIZE(S) IS/ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

INDEMNIFICATION & RELEASE: To the maximum extent permitted by applicable law, Participants and winner(s) agree to the fullest extent permitted by applicable law to release, indemnify, defend and hold harmless (“release”) Sponsor, other Promotion Entities, their parents, affiliates, subsidiaries and divisions, and their respective entities, and each of their officers, employees, members, managers, shareholders, successors, assigns, contractors, agents, and representatives, and any Social Media Platform used to facilitate or to advertise the Promotion (the “Released Parties”) from and against any and all threatened or actual claims, debts, demands, actions, causes of action, suits, proceedings, judgments, settlements (whether or not litigation is commenced), obligations, damages (including without limitation wrongful death, bodily or personal injury and disability), losses, accounts, reckonings, executions, liabilities, costs and expenses (including reasonable attorney’s fees), property damages and any other losses, penalties or fines whatsoever of any kind or nature, whether at law or in equity, known or unknown, asserted or un-asserted, that Participants or winner(s) ever had, now have, or that may arise in the future (“Disputes”) asserted in, arising out of or based upon participation in the Promotion, the Entry or use of the Entry (in whole or in part), participation in any Promotion and/or prize-related activity or inability to receive or participate therein (or parts thereof), the delivery, acceptance, use, mis-use of a prize or any failure with respect thereto, including but not limited to personal injuries, death, damage to or destruction of property, invasion of the rights of publicity or privacy, defamation or portrayal in a false light (whether intentional or unintentional), whether under a theory of contract, tort (including negligence), warranty or other theory, any act, default, omission, non-compliance, and/or a violation or breach of any agreement, representation, warranty or covenant made herein, or any other agreements by/with Participant, the Promotion Entities, and/or any other party or entity. Further, to the maximum extent permitted by applicable law, and without limiting the foregoing, Participants and winner(s) covenant not to sue any Released Party or cause them to be sued regarding any matter released herein, and further covenant not to disaffirm, limit or rescind these releases. A waiver by one or more of the Promotion Entities of any term in these Official Rules does not constitute a waiver of any other provision. Any provision determined to be invalid shall be stricken to the extent of its invalidity and the remainder of these Rules shall remain in full force and effect.

IN NO EVENT WILL THE RELEASED PARTIES BE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING DIRECTLY OR INDIRECTLY OUT OF THIS PROMOTION. This Promotion is provided “AS IS” without warranty of any kind, either express or implied, including but not limited to, the implied warranties or conditions of merchantability, fitness for a particular purpose, and non-infringement.

GENERAL CONDITIONS: Promotion Entities are not responsible for any incorrect or inaccurate information, whether caused by Social Media Platform or website users, human error, A.I., tampering, hacking or by any of the equipment or programming associated with or utilized in the Promotion and assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, incompatibility, communications failure, theft, loss or destruction of Entries, nor for the failure to communicate or capture Entry or other information. Promotion Entities are not responsible for injury or damage to Participants’ or to any other person’s computer and/or mobile device related to or resulting from downloading materials from or use of any Platform or website. If, for any reason, the Promotion or any element thereof is not capable of running as planned by reason of, but not limited to, tampering, unauthorized intervention, fraud, force majeure, technical or other failures or errors, or any other causes similar or dissimilar which Sponsor deems, in its sole opinion, could corrupt or affect the administration, prize fulfillment, security, fairness, integrity or proper conduct of this Promotion or any element thereof, Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Promotion or element thereof and select the winner(s) from non-suspect, eligible Entries received prior to the action or as otherwise may be deemed equitable by Sponsor. In the event of any discrepancy, ambiguity, inconsistency, printing or any other error or miscommunication in any posts, advertising, brochures, Promotion materials, announcements and/or any other information or communications by any person/entity in whatever media/medium relating to this Promotion or any element thereof, these Official Rules shall govern.

Neither Sponsor nor any of the Promotion Entities are responsible for lost, late, misdirected, incomplete, unintelligible, illegible, non-conforming, misdirected, undelivered, or stolen Entries, or for lost, interrupted or unavailable satellite, network, server, devices, Internet Service Provider (ISP), website, Platform, or other connections availability, accessibility or traffic congestion, or miscommunications, or failed equipment, computer, network, telephone, satellite, cable hardware, software or lines, or technical failure, or jumbled, scrambled, delayed, or misdirected transmissions, or network, hardware or software malfunctions, failures or difficulties, incompatibility, or errors of any kind whether human, mechanical, electronic or network, or the incorrect or inaccurate capture of any information, nor for the failure to capture or communicate any such information. Any suspected or actual fraud, artifice, cheating, tampering with, or abusing any aspect of the Promotion or any element thereof, including but not limited to use of computer systems or algorithms generating artificial intelligence and/or deepfakes, any other unauthorized AI, robotics, bots, malware, or other unauthorized devices or participation methods, as solely determined by Sponsor will result in immediate disqualification. ANY ATTEMPT BY ANY PERSON/ENTITY TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES FROM ANY SUCH PERSON/ENTITY TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING CRIMINAL PROSECUTION.

FORCE MAJEURE: Promotion Entities shall not be liable to Participants, winner(s) or any other person or entity for failure to execute the Promotion, or any element thereof or supply a prize, or any part thereof, by reason of any act of God, any action(s), regulation(s) order(s) or request(s) by any governmental or quasi-governmental entity (whether or not the action(s), regulation(s), order(s) or request(s) prove(s) to be invalid), equipment failure, terrorist act, cyber-attack, earthquake, war, fire, flood, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, closures, supply chain issues, civil disturbance, insurrection, riot, cancellation or delay of any event, cancellation or delay of any other kind, epidemic or pandemic, or any similar or dissimilar circumstance beyond their reasonable control.

PUBLICITY RIGHTS: By participating in the Promotion and/or accepting a Prize, Participants and winner(s) grant (and agree to confirm that grant in writing) Sponsor and/or Sponsor’s affiliated companies and their authorized representatives the right to use his/her name, information, likeness, image, voice, and any statements made by a winner (provided they are true) for promotion, trade, commercial, advertising and publicity purposes, at any time or times, in all media now known or hereafter devised including Sponsor’s and unrelated third parties’ social media pages, mobile and digital devices, and platforms whether or not connected with the Promotion, worldwide, including but not limited to on the World Wide Web and Internet, without notice, review or approval and without additional compensation except where prohibited by law.

DISPUTES/ARBITRATION: THIS PROMOTION AND ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE OFFICIAL RULES, OR THE RIGHTS AND OBLIGATIONS OF PARTICIPANT, SPONSOR, OR ANY OTHER PROMOTION ENTITY IN CONNECTION WITH THE PROMOTION SHALL BE GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE UNITED STATES AND THE STATE OF FLORIDA WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. As a condition of participating in this Promotion, to the fullest extent permitted by law, Participants agree that any and all disputes that cannot be resolved between the parties and causes of action arising out of or connected with this Promotion shall be resolved individually, without resort to any form of class action or a jury trial, exclusively before a neutral one person binding arbitration located in or near St. Petersburg, FL having jurisdiction. Under no circumstances will Participant be permitted to obtain awards for, and Participant hereby waives all rights to claim punitive, incidental, consequential, and any other damages (other than for actual out-of-pocket expenses) and any and all rights to have damages multiplied or otherwise increased.

WINNERS LIST:  For name of prize winner(s) over $25, Sponsor will post the first name, last initial and hometown/state of the winners at the end of the Promotion at the terms and conditions link in our bio.

SPONSOR: HSN, Inc., 1 HSN Drive, St. Petersburg, FL 33729.

Sponsor reserves the right, without notice or prior approval, to cancel, suspend, modify or terminate the Promotion in whole or in part or modify or supersede these Official Rules in its sole reasonable discretion due to exigencies of the circumstances and in such event will post termination notice or revised Rules on the landing page, as applicable, and any such revised Rules will continue to govern all aspects of the Promotion.

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