Please take the time to read these terms and conditions carefully prior to participation or entry in any of Avenue Des Champs giveaways.
No purchase is necessary to register, enter, and/or win. Avenue Des Champs giveaways are open only to individuals aged 18 or older or aged 12-18 with parent permission who are legal residents of the United States or District of Columbia. A purchase will not increase your chance of winning. Void where prohibited by law.
Avenue Des Champs may offer sweepstakes and/or contests on its official third-party social media pages, such as Instagram and Facebook (referred to throughout these Terms and Conditions as the "Social Media Sites") and/or on its website (www.avenuedeschamps.com). Each giveaway or sweepstake is referred to as "Social Media Giveaway" or "Giveaway". Any posts on social media setting forth the method of entry for each Social Media Giveaway is referred to as a "Giveaway Social Media Post".
By submitting an entry to a Social Media Giveaway, you agree that you will be bound by these Terms and Conditions and to the rules on the Giveaway Social Media Post, and you acknowledge that you satisfy all Social Media Giveaway eligibility requirements. All Social Media Giveaways are created and sponsored by Avenue Des Champs, 4403 Theiss Road, Humble, TX 77338.
When you participate in any Social Media Giveaway, you are agreeing to Avenue Des Champs Terms of Service. Your participation will be governed by, and you shall abide by, all of the Terms and Conditions outlined herein.
Avenue Des Champs giveaways or sweepstakes are open to individual legal residents of the 50 United States or the District of Columbia who are older than 18 years of age, are the legal age of the majority in their state of residence, or are aged 13-18 with parent permission.
The following are not eligible to enter or win in any of Avenue Des Champs Social Media Giveaways:
- Current or former (within the immediate preceding 12 months) employees, officers, directors, and contractors of Avenue Des Champs;
- anyone involved in the administration of the Giveaway; and
- any member of the immediate family or household of any of the foregoing individuals.
Every Social Media Giveaway will begin and end as defined on the Giveaway Social Media Post (referred to as "Giveaway Entry Period"). No entry will be accepted if it is submitted after the Giveaway Entry Period.
How To Enter
To enter (the "Entry") a Social Media Giveaway, participants must follow the instructions on the Giveaway Social Media Post. If Entry is in the form of an original photograph or comment, you represent and warrant that:
- Your Entry is original and does not infringe the intellectual property rights of any third party;
- you own or have the necessary licenses, rights, consents, and permissions to publish and exploit the Entry;
- the Entry does not feature trademarks, logos, or brand names other than Avenue Des Champs; and
- the Entry is not made for any improper purpose such as to intimidate or harass any individual or to ridicule, disparage, or embarrass Avenue Des Champs.
You grant a right to Avenue Des Champs to a royalty-free, irrevocable, transferrable, sublicensable, and non-exclusive perpetual license throughout the universe for use in any and all media whether now known or hereafter devised to use and exploit (including without limitation by reproduction, distribution, public display, adaptation, communication to the public, and/or public performance, and including for commercial purposes) the Entry, waive to the full extent permitted by law any and all claims against Avenue Des Champs related to moral right in the Entry, and except where prohibited, grant written permission to have the Winner's name, likeness and identity used for promotional purposes by Avenue Des Champs without additional compensation.
Every Giveaway is limited to one Entry per person unless otherwise specified. Any Entry over the limit will be deemed ineligible and will not be entered into the Giveaway. To preserve the standards of the Giveaway, Avenue Des Champs may ask for additional information, which will be used for fraud prevention.
No Entry shall contain any language or imagery that Avenue Des Champs deems, in its sole and absolute discretion, to be inappropriate, defamatory, indecent, obscene, hateful, tortious, or that promotes discrimination on the basis of gender, race, religion, disability, nationality, sexual orientation, or age. Avenue Des Champs reserves the right, in its sole and absolute discretion, to disqualify any Entry that is in violation of any of these Terms and Conditions or any law.
Any Entry that is incomplete, late, and/or inaccurate is subject to disqualification. Any Entry that is automated, including the use of bots, macros, or scripts, will be disqualified. Upon Entry, each Participant represents and warrants that their Entry complies with these Terms and Conditions. Each Participant agrees to be fully and unconditionally bound by these Terms and Conditions and represents and warrants that he/she meets the eligibility requirements set forth herein. By entering a Giveaway, you will not be eligible to receive any prizes awarded in any other Giveaway unless you enter each Giveaway separately.
The Prize for a Giveaway shall be as defined on the Giveaway Social Media Post. No cash or other prize substitutions are permitted except at Avenue Des Champs sole discretion. The prize is non-transferable. Online gift cards as prizes shall be subject to the Terms and Conditions delivered with the online gift card.
There is a limit of one prize person per Social Media Giveaway, unless otherwise stated.
Each prize is 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). Avenue Des Champs reserves the right to substitute a prize with a gift card or other prize of equal or greater value than the value paid by Avenue Des Champs while setting up the Giveaway.
Each winner is responsible for paying all costs and expenses related to a prize that are not specifically mentioned, including but not limited to, income taxes, and any other expenses that might reasonably be incurred by the winner in receiving or using the prize. Each winner should discuss the prize with a tax professional to determine how they may be affected. Each winner may be required to submit his/her social security number or taxpayer ID to Avenue Des Champs in order to claim a prize. If the winner does not provide Avenue Des Champs with their social security number or taxpayer ID as requested, the winner will no longer be eligible to receive the prize and the prize with therefore by forfeited and returned to Avenue Des Champs.
Grant of Rights
The winner agrees, by accepting the prize, where imposing such condition is legal, to grant Avenue Des Champs and its designees the irrevocable, royalty-free right to publish, disseminate, and use the person's name and city and state of residence without further notice, permission, or consideration, in perpetuity, throughout the world, in all media and formats now known or hereafter invented, in connection with the execution and promotion of the Giveaway, and will confirm consent to such use in writing upon request.
Selecting and Notifying Prize Winner
The winner selection method will be defined on the Giveaway Social Media Post. The selection method will be one of the following:
- Winner(s) will be randomly selected from all eligible entries.
- Winner(s) will be selected by Avenue Des Champs at its sole discretion. The winner will be selected using the following criteria:
The winner will be notified via direct message to the Social Media Site account or email associated with the winner's Entry. The winner must respond within two (2) days to claim the prize.
All federal, state, and local laws and regulations apply, and the Giveaway is void where prohibited. Avenue Des Champs reserves the right, in its sole discretion, to cancel, terminate, modify, or suspend a Giveaway should a virus, bug, non-authorized human intervention, fraud, or other causes beyond its control corrupt or affect the administration, security, fairness, or proper conduct of the Giveaway. In such a case, Avenue Des Champs may select the winner(s) from all eligible entries received prior to and/or after the action taken by Avenue Des Champs.
Avenue Des Champs reserves the right, in its sole direction, to disqualify any individual who tamper or attempts to tamper with the Giveaway entry process, the operation of the Giveaway, or these Terms and Conditions.
Avenue Des Champs is not responsible for any illegible, incomplete, late, mutilated, misdelivered, or misdirected entries, or for any technical errors or failures of any kind in connection with the transmission, submission, processing or selection of Entries or the winning Entry, including without limitation, any failures or malfunctions of computer hardware, computer software, telephone equipment or networks or any technical problems or traffic congestion on the Internet or at any website.
Avenue Des Champs reserves the right to seek damages from any person who attempts to deliberately damage any website or undermine the legitimate operation of the Giveaway to the fullest extent of the law as this is a violation of criminal and civil laws.
Avenue Des Champs is not responsible for any typographical or other error in the printing or administration of the Giveaway, or the announcement of the prize. Avenue Des Champs is not responsible for retaining copies of any of the Entries.
These Terms and Conditions set forth between Avenue Des Champs and all Participants, supersedes all prior discussions, agreements, and understandings of any kind. Each Participant is deemed an independent contractor and nothing contained herein shall constitute this arrangement to be employment, a joint venture, or a partnership. Avenue Des Champs failure to enforce any provision of these Terms and Conditions shall not constitute a waiver of any provision contained herein. If any provision of these Terms and Conditions is determined to be invalid or unenforceable by a court of competent jurisdiction or appointed arbitrator, such determination shall in no way affect the validity or enforceability of any other provision in these Terms and Conditions. The titles of sections in these Terms and Conditions are provided for convenience only and shall not be given any legal effect. The word "including" is used in this Terms and Conditions is used meaning "including but not limited to".
Avenue Des Champs reserves the right, in its sole discretion, to disqualify any individual found to be acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person.
In the event of a dispute as to the identity of an entrant, the prize shall be awarded to the authorized account holder of the Social Media Site account associated with the winning Entry, as registered with the Social Media site at the actual time of entry, or, if applicable, to the authorized account holder of the email address associated with the winning Entry, a registered with the organization responsible for assigning email addresses for the domain associated with the winning Entry's submitted email address.
Avenue Des Champs is not responsible for a winner's failure to receive or view notices. Any prize that is not claimed within the time requested may not be awarded and may be forfeited and returned to Avenue Des Champs. In the event of any technical or other errors in the selection of a potential winner, or if more prizes are claimed than the number of prizes specified by the Giveaway Social Media Page, Avenue Des Champs may award the prize(s) by random drawing from among all eligible claimants.
Limitation of Liability
Upon Entry into any Giveaway, each Participant agrees to and hold harmless Avenue Des Champs and its affiliates, advertising and promotion agencies, partners, representatives, agents, successors, officers, directors, and employees (all referred to as the "Sponsor Parties"), from any liability, injury, illness, loss, death, claim, litigation or damage that may occur directly or indirectly, whether caused by negligence or not, from
- such Participant's participation in the Giveaway and/or their acceptance, possession, use, or misuse of any prize or any portion thereof;
- technical failures of any kind, including but not limited to, any loss or damage to an Entry;
- the malfunctioning of any computer, cable, hardware, network, or software;
- the unavailability or inaccessibility of any telephone, transmission, or internet service;
- unauthorized human intervention in any part of the Entry process or Giveaway; and/or
- electronic or human error which may occur in the administration of the Giveaway or the processing of entries.
Some jurisdictions may not permit certain liability limitations or waivers. If it is determined by any court that the law of such jurisdiction applies, Avenue Des Champs liability shall be limited to the greatest extent permitted by law.
All Decision Final
All decisions made by Avenue Des Champs and Sponsor Parties are final and binding in all respects.
The Giveaway and these Terms and Conditions are governed by the laws of the United States and the state of Texas, without respect to conflict of law doctrines. The Participan agrees, to the fullest extent allowed by law, that any and all disputes, claims, causes of action, or controversies arising out of or in connection with the Giveaway, shall be resolved in arbitration individually and without resort to collective, class, or aggregate action, as set forth in the Terms and Conditions of the Avenue Des Champs website.
Upon Entry, each Participant waives, to the greatest extent allowed by law, any right to seek and/or obtain rescission and/or equitable and/or injunctive relief. Under no circumstances will the Participant, in any dispute, be permitted to obtain awards for, and hereby waives all rights to claim, punitive, incidental, or consequential damages, including reasonable attorneys' fees, other than Participant's actual out-of-pocket expenses (i.e. costs associated with entering the Giveaway), and Participant further waives all rights to have damages multiplied or increased.
Notwithstanding anything to the contrary, in no event will Avenue Des Champs or the Sponsor Parties be liable to any Participant or any third party for any incidental, special, or consequential damages, lost profits, loss of revenues, overhead, or lost capital, whether based on breach of contract, tort (including negligence) or otherwise, whether or not Sponsor Parties have been advised of the possibility of such damages.
Upon Entry, you agree that Avenue Des Champs decisions related to the Giveaway and distribution of prizes are final. Upon Entry, you agree that Avenue Des Champs may use your name in any manner and in any medium for its promotional purposes without additional compensation, including posting in a winner's list, except where prohibited by law, and Avenue Des Champs may be required to disclose any winner's address to state regulatory authorities.
Name of Winner
When Avenue Des Champs releases the name of the winner(s), the winner(s) must send a self-addressed and a stamped envelope marked with the Social Media Site name and date of the Giveaway (i.e. "Instagram Giveaway January 1, 2022") to Avenue Des Champs, 4403 Theiss Road, Humble, TX 77338.
Avenue Des Champs Social Media Giveaways are in no way sponsored, endorsed, or administered by, or associated with Facebook, Instagram, or any other third party social media site, and in no instance, shall the Social Media Sites or their subsidiaries, affiliates, advertising, and promotion agencies, representatives, agents, partners, assigns, employees, successors, directors, and officers, be liable for any disputes, claims, causes of action or controversies arising out of or in connection with a Social Media Giveaway.