#PEACEROCKS

Snap it, post it, and share it with #peacerocks.
For every tag, we’ll donate $1 to
The Ringo Starr Peace and Love Fund.

Terms & Conditions

Promotion Terms and Conditions for #PeaceRocks Hashtag Campaign,
$1 Donation to The Ringo Starr Peace and Love Fund

Interested participants are encouraged to use the #PeaceRocks hashtag (the “Eligible Hashtag”) to show support for the #PeaceRocks promotional campaign (the “Promotion”) of John Varvatos Enterprises, Inc. (“JVE”) and The Ringo Starr Peace and Love Fund in accordance with these terms and conditions. Each use of the Eligible Hashtag made in accordance with these terms and conditions (an “Eligible Hashtag Use”) by entering the Eligible Hashtag in copy on Twitter, Instagram or Vine (the “Social Media Platforms”) within the Promotion Timeframe (defined below) will cause JVE to make a single one dollar (USD $1) donation towards JVE’s maximum funding goal of $50,000 (the “Maximum Funding Goal”) to benefit The Ringo Starr Peace and Love Fund (the “Beneficiary”). The Ringo Starr Peace and Love Fund is a program of the David Lynch Foundation (“DLF”), which provides the stress-reducing Transcendental Meditation technique to inner-city students, veterans suffering from post-traumatic stress, and women and children who are victims of violence and abuse. DLF is a charitable organization qualifying for Federal tax-exemption under Section 501(c)(3) of the Internal Revenue Code.

Eligible Hashtag Uses

For a #PeaceRocks hashtag use to be considered an Eligible Hashtag Use, all Promotion terms and conditions must be followed. In addition, Eligible Hashtag Uses are subject to the following restrictions:

  • Only one #PeaceRocks hashtag use per person will be considered an Eligible Hashtag Use and counted toward the Maximum Funding Goal.
  • Only uses within the “Promotion Timeframe”, which begins July 7, 2014 at 12:00 p.m. Eastern Time (the “Beginning Date”) and ends December 31, 2014 at 11:59 p.m. Eastern Time (the “End Date”), may be considered an Eligible Hashtag Use.
  • Participants must be 18 years or older to submit Eligible Hashtags.
  • Only uses of the Eligible Hashtag within the Social Media Platforms defined herein may be considered an Eligible Hashtag Use.
  • Uses of the Eligible Hashtag that include content that JVE deems, in its sole discretion, to be abusive, defamatory, obscene, offensive, inappropriate, in violation of any law or another person’s rights, or otherwise unacceptable, will not be deemed an Eligible Hashtag Use.
  • Uses of the Eligible Hashtag for the Participant’s commercial purposes will not be deemed an Eligible Hashtag Use.

Notwithstanding anything to the contrary, the Promotion will end when the Maximum Funding Goal is met, or on the End Date, whichever comes first. If the Maximum Funding Goal is not met by the End Date, the contribution to the Beneficiary will be determined by the total number of Eligible Hashtags Uses as of the End Date. Within thirty (30) days after the End Date, JVE will contribute to the Beneficiary $50,000 or, if the number of total Submissions is less than 50,000, such lesser amount as JVE chooses to donate that correlates to the number of Submissions. JVE, at its sole discretion, reserves the right, but has no obligation, to contribute the balance to achieve the Maximum Funding Goal, if applicable. JVE may, at its sole discretion, continue to promote use of the #PeaceRocks hashtag after the End Date of this Promotion. In no event will the total amount required to be donated by JVE exceed $50,000 even if the number of Submissions exceeds 50,000.

JVE does not and cannot review all uses of the Eligible Hashtag and is not responsible for the content or substance associated therewith. However, JVE reserves the right to delete, move, or edit any and all submissions and/or content at its sole discretion. Please note that personal medical information should not be included in your submission, as such information may be viewable by the public immediately upon your submission.

Grant of Rights / Releases

By using the Eligible Hashtag (submitting a “Submission”), you understand and agree that any content associated with your Submission (“Content”, which includes without limitation any photograph, video, audio, name, voice, username and other textual content) may be used by JVE, its parent companies, subsidiaries, affiliates, successors, assignees, licensees, legal representatives and/or other designees (collectively, the “Company”), in any media, in advertising, publicity, marketing and promotional materials, worldwide in perpetuity, without compensation. There is no time limitation for such use by the Company. You understand and agree that: (a) any Content you submit may become publicly viewable on a Company website or elsewhere; (b) the Company has the right to publish the Content, your name and/or your username, on this or another website, including but not limited to the Social Media Platform websites; (c) your Submission constitutes a waiver of the right to privacy or publicity of the Content owner and any third-party depicted or named in the Content or Submission; and (d) JVE has permission to use your Submissions and Content in current and future marketing materials and advertising campaigns and internal and external communications.

By using the Eligible Hashtag, you shall be deemed to have irrevocably granted to the Company the irrevocable right and permission, and a worldwide, royalty-free, non-exclusive, transferable, sub-licensable, perpetual license, to publish, reproduce, publicly display, cache, copy, distribute, transmit, revise and otherwise use the Submission and Content, on this and any other website. The Content and Submission shall be free of all claims, to use or not use, with or without modification, as the Company in its sole discretion may wish, and without the Submission and/or Content owner’s approval. By using the Eligible Hashtag, you further grant permission, without consideration or compensation, to the Company to use your name, likeness, image and photograph associated with your Content and/or Submission in connection with the Promotion and/or other marketing materials and communications. The Company will have no obligation to pay you any compensation with respect to its use or nonuse of your Content or Submission, and is under no obligation to post or use any Content or Submission you provide. The Company may remove, revise, crop, screen or alter any Content and Submission in its sole discretion.

Representations and Warranties

By using the Eligible Hashtag, you represent and warrant that: (a) you have sufficient rights (including copyright and publicity rights) to grant the rights and permissions outlined herein; (b) you own the Content contained in the Submission, or have permission to submit from the Content owner; (c) you have permission to submit from any third-party depicted or named in the Content; (d) you will, upon request, provide JVE a copy of a written consent from any third-party Content owner or third-parties depicted in the Content; and (e) your Submission and Content are not abusive, defamatory, obscene, in violation of any law, or in violation of any third-party’s rights.

Limitation of Liability

By submitting your Submission, you agree to indemnify, defend and hold harmless JVE, the Company, the Beneficiary, DLF, Offerpop, and the Social Media Platforms, and their respective parent companies, subsidiaries, affiliates, successors, assignees, licensees, legal representatives and/or other designees, (the “Released Parties”) for and/or from any and all claims, damages, losses, liability, injury, expense and causes of action arising out of or in connection with your Submission, including claimed violations of any law or rights of a third-party, or any other breach or claimed breach of these Promotion terms and conditions.

The Released Parties are not responsible for incorrect or inaccurate transfer of entry information, human error, technical malfunction, lost/delayed data transmissions, omission, interruption, deletion, defect, line failures of any telephone network, computer equipment, software or any combination thereof, inability to access web sites, damage to a user's computer system (hardware and/or software) due to participation in the Promotion or any other problem or error that may occur. By submitting a Submission, participants agree to release and hold harmless the Released Parties from and against any and all claims, actions and/or liability for injuries, loss or damage of any kind arising from or in connection with participation in and/or liability for injuries, loss or damage of any kind, to person or property, arising from or in connection with participation in the Promotion or related activity. If for any reason this Promotion is not capable of running as planned, or any website associated therewith (or any portion thereof) becomes corrupted or does not allow the proper processing of submissions, or if infection by computer virus, bugs, tampering, unauthorized intervention, affect the administration, security, fairness, integrity, or proper conduct, JVE reserves the right, at its sole discretion, to disqualify any individual implicated in such action, and/or to cancel, terminate, modify or suspend this promotion or any portion thereof, or to amend these terms and conditions without notice.

Prohibited Activities

Any attempt to deliberately damage this website or undermine the legitimate operation of the Promotion may be in violation of criminal and civil laws and will result in an individual being banned from participating. Should such an attempt be made, JVE reserves the right to seek remedies and damages (including attorney fees) to the fullest extent of the law, including criminal prosecution. Participants agree that any and all disputes, claims and causes of action arising out of or connected with the promotion will be resolved individually, without resort to any form of class action.

Miscellaneous

All issues and questions concerning the construction, validity, interpretation and enforceability of this Promotion, terms and conditions, or the rights and obligations of participants and the Company, shall be governed by, and construed in accordance with, the laws of the State of New York, without giving effect to any choice of law or conflict of law rules. By using the Eligible Hashtag, you agree that the federal and state courts located in New York, New York shall be the exclusive forum of any arbitration or litigation to interpret or enforce any terms, conditions, representations or warranties contained herein, and you consent and submit to personal jurisdiction in any such courts.

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The Promotion is in no way sponsored, endorsed or administered by Twitter, Instagram or Vine.

For questions regarding these terms and conditions or the Promotion, please contact mktg@johnvarvatos.com.