Charles & Colvard® Instagram National Proposal Day Sweepstakes – Official Rules

NO PURCHASE NECESSARY TO ENTER OR WIN. EACH SWEEPSTAKES ENTRY WILL HAVE AN EQUAL CHANCE OF WINNING. MAKING A PURCHASE WILL NOT IMPROVE AN INDIVIDUAL’S CHANCES OF WINNING.

1. The "Charles & Colvard Instagram National Proposal Day Sweepstakes" ("Sweepstakes") begins at 2:00 p.m. Eastern Time (ET) on Sunday, March 13, 2022 and ends at 11:59 p.m. ET on Saturday, March 19, 2022 ("Sweepstakes Period"), and is sponsored by Charles & Colvard, Ltd. located at 170 Southport Dr., Morrisville, NC 27560 (the "Sponsor").
2. Eligible entrants must have an Instagram account. If you do not have an Instagram account, you can create one at no cost at www.instagram.com. Entrants must agree to comply with Instagram terms of service and privacy policy in order to create an account. To enter: (1) follow us (@charlesandcolvard) on Instagram; (2) tag three friends; and (3) in a paragraph or less—via static Instagram grid post, via Instagram "stories" or via private DM to our @charlesandcolvard Instagram account—tell us what makes your love story unique and why a Made, not Mined^TM Moissanite engagement ring is your preferred choice using #MadeNotMinedSweepstakes (Don’t forget to tag us!) (each correctly completed entry, an "Entry"). All eligible entrants who properly submit an Entry during the Sweepstakes Period will be entered into a random drawing for the Prize. All improperly completed or incomplete entries will not be entered into the random drawing to win the Prize, and such entrant will not otherwise be notified regarding the deficiency of entry. There is a limit of one (1) valid Entry per eligible person during the Sweepstakes Period. For the avoidance of doubt, all eligible Entries that comply with these Official Rules will be entered into the Sweepstakes and the submitted paragraph will not be judged, but rather will only be used as a method of entry into the random drawing specified herein.
3. Sweepstakes Drawing: The potential winner for the Prize will be selected in a random drawing from all eligible Entries received during the Sweepstakes Period on Sunday, March 20, 2022 ("Prize Drawing"). The potential winner selected in the Prize Drawing is the potential winner for the Prize. The Sponsor will attempt to notify the potential winner via a direct message to their Instagram account within forty-eight (48) hours of the drawing. Each potential Prize winner will be required to complete and return an affidavit of liability/publicity release (the "Liability/Publicity Release") and a W-9 form, both of which must be received by Sponsor within fourteen (14) days of the date notice or attempted notice was sent or an alternate winner may be randomly drawn. If a potential winner cannot be contacted, is ineligible, fails to claim the Prize, or fails to return the required documents by the deadline specified in any Prize-related documents, the Prize may, in the sole discretion of Sponsor, be forfeited and/or awarded randomly to an alternate winner. The Sponsor is not responsible for the safe arrival of any notification, confirmation thereof, or other correspondence. Odds of winning are based on the number of valid Entries received. Drawings will be conducted by Sponsor or an agent of Sponsor whose decisions are final and binding on all matters relating to this Sweepstakes drawing. If there is a dispute regarding who entered, the Entry will be deemed to be made by the natural person who is assigned to the Instagram account by Meta Platforms, Inc. Any entries to be deemed received from a robotic, automatic, programmed or similar entry methods or agents (including, but not limited to, sweepstakes entry services) are prohibited and will void all entries by that entrant and that entrant may be disqualified. There may be different advertising graphics used for this one Sweepstakes.
4. Prize:
1. The prize is winner’s choice of one (1) Forever One^TM moissanite ring from charlesandcolvard.com, excluding the Exotic Collection and One-of-a-Kind items (the "Prize").
2. The approximate retail value of the Prize is based on the winner’s Forever One^TM moissanite ring selection, and ranges anywhere from $51.35 to $5,359.00. One (1) winner will receive one (1) Prize.
3. The Prize will be distributed by Sponsor or an affiliate of Sponsor. All expenses and incidental costs not expressly stated herein and all applicable taxes are the responsibility of the winner. Winner cannot substitute, assign, or transfer the Prize, except at the sole discretion of Sponsor. Absolutely no returns or exchanges of Prize will be permitted.
5. Content Guidelines and Restrictions. All content submitted in conjunction with this Sweepstakes must conform to the following restrictions and guidelines. Any failure to comply with any item in this Section 5 shall result in such entrant’s disqualification from the right to participate in this Sweepstakes.
1. An entrant must have permission from any individual that appears in a Sweepstakes submission to use such person’s name and likeness and to grant the rights set forth herein. No individual under the age of 18 may appear in any manner in the submissions contemplated by this Sweepstakes. If Sponsor so requests, an entrant must provide evidence of such permission in a form reasonably acceptable to Sponsor.
2. A Sweepstakes submission shall not contain: (i) any material that violates or may violate or infringe on another’s rights, including the right to privacy or any intellectual property rights; (ii) content created by a party other than the entrant; (iii) trademarks or brand names that are not the Sponsor’s trademarks or brand names; (iv) unlawful content; or (v) any content that is indecent, inappropriate, defamatory, disparaging, negative, offensive, racist, discriminatory (in the broadest sense of the word), or obscene, all as determined solely by Sponsor.
3. Except where prohibited by law, an entrant’s uploading or submission of content for this Sweepstakes constitutes such entrant’s consent and authorization to grant Sponsor a royalty-free, irrevocable, perpetual, non-exclusive license to use, manipulate, or publish such content for marketing or other reasonable corporate purposes. Entrants to this Sweepstakes agree to give Charles & Colvard exclusive rights to any story that is used for entry and agree to allow Charles & Colvard to follow-up with any additional questions or opportunities to feature the entrant’s story in future promotional material.
6. Employees of Sponsor, and employees of Sponsor’s agencies, subsidiaries, advertising and promotion agencies, media agencies, and their immediate family members and/or those living in the same household of each are not eligible for this Sweepstakes. Immediate family member is defined as spouse, child, sibling, sibling-in-law, parent or parent-in-law.
7. To qualify for the Sweepstakes, an entrant must be 18 years of age and a legal resident of the United States of America, each as of one (1) day prior to the Sweepstakes Period and continuing throughout the Sweepstakes Period. By entering into the Sweepstakes, entrants agree to abide by and be bound by these Official Rules and to accept the decisions of Sponsor as final.
8. Entrants agree to indemnify and hold Sponsor and each of its parent companies, affiliates, subsidiaries, officers, directors, agents, and employees and all others associated with the development and execution of this Sweepstakes harmless from any and all alleged and/or actual actions, demands, losses, settlements (whether or not litigation is commenced), claims, damages, and liability whatsoever, existing now or in the future, with respect to or in any way arising from this Sweepstakes or participation in any Sweepstakes-related activity and/or delivery/mis-delivery, acceptance, possession, use, or misuse of a Prize including, but not limited to: (A) liability for personal injury, bodily injury (including wrongful death or disability), damage to property, and damage or loss of any other kind; (B) any technical malfunction or other problems relating to the telephone network or lines, computer online systems, servers, access providers, computer equipment, or software; or (C) for the failure of any entry to be received by Sponsor, its advertising and promotion agencies, for any reason including, but not limited to, technical problems or traffic congestion on the Internet or at any website or any combination of the above. Further, Sponsor and its advertising or promotion agencies, if any, will not be liable for any injury or damage to an entrant’s or any other person’s digital devices related to or resulting from participating or downloading any material in the Sweepstakes. Only the stated number of Prizes set forth in these complete Official Rules will be awarded. If, for any reason, the Sweepstakes is not capable of running as planned due to, but without limitation, tampering, unauthorized intervention, fraud, human or other error, technical failures, or any other causes beyond the control of Sponsor that, in the sole opinion of Sponsor, could corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Sweepstakes, Sponsor reserves the right, at its sole discretion, to cancel, terminate, modify, or suspend the Sweepstakes and/or to draw potential winner(s) randomly from all eligible Entries received as of the date of termination. In no event will more than one (1) Prize be awarded. Any attempt to deliberately damage any portion of this offer or to undermine the legitimate operation of this Sweepstakes is a violation of criminal and civil laws, and should such an attempt be made, Sponsor reserves the right to seek remedies and damages to the fullest extent permitted by law, including criminal prosecution. Neither Sponsor nor its affiliates are responsible for stolen, lost, late, misdirected, damaged, incomplete or illegible entries, or for transactions that are processed late or incorrectly, or are lost due to any reason. Sponsor reserves the right to disqualify entrants who fail to follow these Official Rules or who make any misrepresentations relative to the Sweepstakes and Prize redemption. Sweepstakes void where prohibited or restricted by law, including in NY, FL, RI and where a bond and/or registration is required. Sponsor reserves the right to substitute Prize of equal or greater value. By participating in this Sweepstakes, entrants agree to be bound by the Official Rules and the decisions of Sponsor and any of its representatives or affiliates. The winner, by acceptance of a Prize, agrees to release Sponsor and its affiliates and advertising, promotional or judging agencies, if applicable, from any and all liability, claims, or actions of any kind whatsoever for injuries, damages or losses to persons or property (including third parties mentioned or shown in content submitted for this Sweepstakes), including, without limitation, personal injury or death, and claims based on publicity rights, privacy or defamation, which may be sustained in connection with the receipt, ownership or use of the Prize or any typographical or other error in the printing of these Official Rules or the offering or announcement of any Prize.
9. Except where prohibited by law, by claiming a Prize, the winner authorizes the use, without additional compensation or permission, of their name and/or likeness and/or voice/photograph, content submitted for this Sweepstakes, and municipality of residence for promotion and/or advertising purposes in any manner and in any medium (including, without limitation, radio broadcasts, newspapers and other publications and in television or film releases, slides, videotape, distribution over the Internet and picture data storage) which Sponsor may deem appropriate, except where prohibited by law. For the avoidance of doubt, this authorization includes the right for Sponsor or a photographer working on behalf of Sponsor or an affiliate of Sponsor to take the Prize winner’s pictures and to publish such pictures.
10. Sponsor will report all Prize winnings to the appropriate state and federal agencies as required by applicable law. Winner is responsible for all other associated costs in connection with the Prize, including tax consequences (if any). If applicable, a winner will be issued an IRS Form 1099 for the value of the Prize.
11. All issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules, or the rights and obligations of entrant and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the substantive laws of the State of North Carolina, USA, without regard to choice of law rules.
12. Except where prohibited by law, as a condition of participating in this Sweepstakes, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes or any Prize awarded, shall be resolved individually, without resort to any form of class action, and exclusively, by final and binding arbitration under the rules of the American Arbitration Association and shall be held at the AAA office located in Raleigh, North Carolina; (2) the Federal Arbitration Act shall govern the interpretation, enforcement, and all proceedings at such arbitration; and (3) judgment upon such arbitration award may be entered in any court having jurisdiction. Under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, punitive, incidental, or consequential damages, or any other damages, including attorneys’ fees, other than entrant’s actual out-of-pocket expenses (i.e., costs associated with entering this Sweepstakes), and entrant further waives all rights to have damages multiplied or increased. Some jurisdictions do not allow the limitations or exclusion of liability for incidental or consequential damages, so a portion of the above may not apply to you.
13. To receive a prize winner list, send a self-addressed stamped envelope to: Charles & Colvard Instagram National Proposal Day Sweepstakes Winner List, 170 Southport Dr. Morrisville, NC 27560. Requests must be postmarked by Monday, March 21, 2022.
14. The Official Rules are available at https://www.charlesandcolvard.com/instagram-national-proposal-day-sweepstakes. A copy of the Official Rules may also be obtained by printing this web page.
15. This Sweepstakes is in no way sponsored, endorsed, administered by, or associated with Instagram and/or Meta Platforms, Inc. Each entrant is providing information to Sponsor and not to Instagram and/or Meta Platforms, Inc. Each entrant hereby releases Instagram and Meta Platforms, Inc. from any and all liability arising out of or in connection with this Sweepstakes.