Creative Candy Studios, LLC
Michelle Enterprises, LLC & Subsidiaries
Site Terms of Use & Policies
General Terms and Conditions for Sweepstakes Official Rules
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT IMPROVE CHANCES OF WINNING. VOID WHERE PROHIBITED. OPEN ONLY TO LEGAL RESIDENTS OF THE 50 UNITED STATES, CANADA, AND THE DISTRICT OF COLUMBIA WHO ARE AT LEAST THE AGE 18 YEARS OLD AT THE TIME OF ENTRY. ODDS OF WINNING DEPEND ON THE NUMBER OF ELIGIBLE ENTRIES.
AGREEMENT TO RULES:
By participating/entering, you agree to be fully unconditionally bound by these Rules, (each, a “Sweepstakes“, aka “Giveaway”):
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- you will be bound by and comply with these Official Rules for the Sweepstakes (“Official Rules”), which include the terms for the applicable Sweepstakes (“Sweepstakes Terms”) as well as these General Terms and Conditions, and which together form a legally binding agreement between you and the Sponsor identified in the applicable Sweepstakes Terms;
- In addition, you agree to accept the decisions of Creative Candy Studios, LLC, as final and binding as it relates to the content;
- you represent and warrant that you satisfy all eligibility requirements set forth herein; and
- you will comply with all applicable laws, rules, or regulations (collectively, “Applicable Laws“)
- the Sweepstakes is subject to all applicable federal, state and local taxes.
IF YOU DO NOT AGREE TO THESE OFFICIAL RULES, DO NOT ENTER THE SWEEPSTAKES (aka GIVEAWAY)
SWEEPSTAKES PERIOD:
Entries will be accepted online starting on or about 04/12/2023 and ending 05/26/2023. All online entries must be received by 11:59PM EST 05/26/2023.
ELIGIBILITY:
Open to individual legal residents of the 50 United States & the District of Columbia who are at least the legal age of 18 years old prior to the date of entry. Employees, representatives and agents of Sponsor, its affiliates (including Michelle Enterprises, LLC d/b/a Creative Candy Studios, LLC & d/b/a Tootsie Boudreaux’s, LLC, (Creative Candy Studios) if Creative Candy Studios is not itself the Sponsor), and any third-party administrator or promotional partners, and their immediate family members and anyone domiciled with any of the above are not eligible to participate in the Sweepstakes. The Sweepstakes is subject to all applicable federal, state and local laws and regulations. Void where prohibited.
HOW TO ENTER:
ENTRY; 1st Required Method of Entry:
The Sweepstakes MUST be entered by submitting an entry using the online form located at:
Limit one email entry per person per Sweepstakes and entrant must use own email address. For avoidance of doubt, you may not enter multiple times using multiple accounts. All Sweepstakes entries become the property of Sponsor and will not be acknowledged or returned.
ADDITIONAL ENTRIES:
Additional Entries are OPTIONAL only by the following methods
- 1) Commenting on the Sweepstakes (aka Giveaway) Post on any of the Sponsors various social media profiles, by answering the post question, “What’s your favorite thing about this dresser?” (limit one entry per post)
- 2) Commenting #CreativeCandyStudios & #Giveaway anytime while we are live on Social Media Platforms (limit one entry per live)
These additional optional entries are not valid without the required first method of entry via the website at:
All entries must be received during the Sweepstakes Period in order to be eligible.
PRIZES:
Winners will receive:
1 Grand Prize: Aurora Borealis French Provincial Dresser w Mirror
Winner is responsible for picking up or arranging pick up of the prize, Delivery/Shipping is NOT included. Actual/appraised value may differ at the time of prize award. The specifics of the prize shall be solely determined by the Sponsor. No cash or other prize substitution permitted except at Sponsor’s discretion. The prize is non transferable. Any and all prize related expenses, including without limitation any and all federal, state, and/or local taxes shall be the sole responsibility of the winner. No substitution of prize or transfer/assignment of prize to others or request for the cash equivalent by winners is permitted. Acceptance of prize constitutes permission for Creative Candy Studios, LLC to use, or not to use, winner’s name, likeness, and any entries for purposes of advertising and trade without further compensation, unless prohibited by law.
ODDS:
The odds of winning depend on the number of eligible entries received.
WINNER SELECTION AND NOTIFICATION:
Subject to these General Terms and Conditions, the Sponsor will award a prize to one or more individuals (as specified in the applicable Sweepstakes Terms). Winner(s) of the Sweepstakes will be selected in a random drawing from among all eligible entries received under the supervision of the Sponsor. Winners will be announced live and/or with a static post on Sponsors Social Media profiles as well as posted to Sponsors Website page below within 24 hours following the winner selection.
- https://creativecandystudios.com/french-provincial-aurora-borealis-dresser-giveaway-winners-page/
A courtesy follow up email/ social media message may be sent to winner(s) (depending on the medium in which the Sweepstakes is taking place and/or how you entered) to coordinate prize pickup. Sponsor reserves the right to notify winner by phone call. Creative Candy Studios, LLC shall have no liability for a winner’s failure to receive notices due to winners’ spam, junk e-mail or other security settings or for winners’ provision of incorrect or otherwise non-functioning contact information. If the selected winner cannot be contacted at announcement, is ineligible, fails to physically claim the prize (pick it up) within 24 hours from the time of notification, or fails to timely return a completed and executed declaration and releases as required, prize may be forfeited, and an alternate winner selected. The receipt by winner(s) of the prize offered in this Sweepstakes is conditioned upon compliance with any and all federal and state laws and regulations.
RIGHTS GRANTED BY YOU:
By entering this content you agree to and understand that Creative Candy Studios, LLC, anyone acting on behalf of Creative Candy Studios, LLC, or its respective licensees, successors and assigns will have the right, where permitted by law, without any further notice, review or consent to print, publish, broadcast, distribute, and use, worldwide in any media now known or hereafter in perpetuity and throughout the World, your entry, including, without limitation, the entry and winner’s name, portrait, picture, voice, likeness, image or statements about the Sweepstakes, and biographical information as news, publicity or information and for trade, advertising, public relations and promotional purposes without any further compensation.
Upon Sponsor or its affiliate’s request, you will sign any necessary documentation that may be required for Sponsor or its affiliate to make use of the rights granted herein.
SWEEPSTAKES TERMS:
Creative Candy Studios, LLC reserves the right, in its sole discretion to cancel, terminate, modify or suspend the Sweepstakes should (in its sole discretion) a virus, bugs, non-authorized human intervention, fraud or other causes beyond its control corrupt or affect the administration, security, fairness or proper conduct of the Sweepstakes. In such case, Creative Candy Studios, LLC may select the recipients from all eligible entries received prior to and/or after (if appropriate) the action taken by Creative Candy Studios, LLC. Creative Candy Studios, LLC reserves the right at its sole discretion to disqualify any individual who tampers or attempts to tamper with the entry process or the operation of the Sweepstakes or website or violates these Terms & Conditions. Creative Candy Studios, LLC has the right, in its sole discretion, to maintain the integrity of the Sweepstakes, to void entries for any reason, including, but not limited to; multiple entries from the same user from different IP addresses; multiple entries from the same computer in excess of that allowed by sweepstakes rules; or the use of bots, macros or scripts or other technical means for entering. Any attempt by an entrant to deliberately damage any web site or undermine the legitimate operation of the sweepstakes may be a violation of criminal and civil laws and should such an attempt be made, Creative Candy Studios, LLC reserves the right to seek damages from any such person to the fullest extent permitted by law. By entering the Sweepstakes you agree to receive text and email newsletters periodically from Creative Candy Studios, LLC. You can opt-out of receiving this communication at any time by clicking the unsubscribe link in the newsletter or replying “STOP”. The Sweepstakes Terms include various Sweepstakes-specific terms, including the identity of the Sponsor(s) and any administrator, information about the prize(s) and the approximate retail value of prize(s), how to enter, when and how winners will be selected, odds of winning, and the Sweepstakes Period (the start and end dates/times for the Sweepstakes). In the event of any conflict between the applicable Sweepstakes Terms and these General Terms and Conditions, the General Terms and Conditions will control. Subject to these Official Rules, prize(s) will be fulfilled by the Sponsor. Each prize will be awarded only after (i) Sponsor’s receipt of the selected winner’s response and any required affidavit of eligibility, declaration of compliance, release and/or other documentation; (2) proper verification of the selected winner’s identity; Each winner must provide any information required by Sponsor for release of any prize, including, your shipping address & identification. Return of the prize notification as “undeliverable” or any failure to respond or to return any required affidavit or other documentation in the time period provided above, or any other failure to comply with these Official Rules, will result in disqualification of the selected winner and forfeiture of the prize. Sponsor is not required to award elsewhere any prizes forfeited by the chosen winner. Sponsor is not responsible for any late, lost, stolen, damaged, delayed, or undelivered prizes. Each winner will be solely responsible for paying any taxes and any other expenses incurred by the winner in connection with receiving the prize or participating in the Sweepstakes, including any income taxes, sales or use taxes, value added taxes, goods and services taxes, or harmonized sales taxes. Throughout the term of a Sweepstakes, and as a condition to receiving any prize, you will provide Sponsor with an affidavit of eligibility, declaration of compliance & release, and any other forms, documents, or certifications, including any that may be required for Sponsor (or its affiliates, any third-party administrator, or promotional partners) to satisfy any information reporting or withholding tax obligations with respect to any payments related to a Sweepstakes. Each prize will be awarded “as is” and without warranty of any kind, express or implied (including any implied warranty of merchantability or fitness for a particular purpose). If you win a prize, you may not transfer, assign, or redeem the prize for cash. The Sponsor may substitute a prize with a prize of similar or greater value. ANY VIOLATION OF THESE OFFICIAL RULES BY ANY WINNER (AT SPONSOR’S SOLE DISCRETION) WILL RESULT IN SUCH WINNER’S DISQUALIFICATION AS WINNER OF THE SWEEPSTAKES AND ALL PRIVILEGES AS WINNER WILL BE IMMEDIATELY TERMINATED.
LIMITATION OF LIABILITY:
By entering you agree to release and hold harmless Creative Candy Studios, LLC and its subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, officers and directors from any liability, illness, injury, death, loss, litigation, claim or damage that may occur, directly or indirectly, whether caused by negligence or not, from (i) such entrant’s participation in the sweepstakes and/or his/her acceptance, possession, use, or misuse of any prize or any portion thereof, (ii) technical failures of any kind, including but not limited to the malfunctioning of any computer, cable, network, hardware or software; (iii) the unavailability or inaccessibility of any transmissions or telephone or Internet service; (iv) unauthorized human intervention in any part of the entry process or the Promotion; (v) electronic or human error which may occur in the administration of the Promotion or the processing of entries.
OTHER SWEEPSTAKES:
By entering a Sweepstakes, you will not be automatically entered into or eligible to participate in or receive any prizes awarded in any other Sweepstakes. In order to enter multiple Sweepstakes, you must enter each Sweepstakes separately in accordance with the respective Sweepstakes’ entry and eligibility requirements.
LICENSES TO USER-GENERATED CONTENT (aka UGC); RIGHTS OF PUBLICITY:
By entering a Sweepstakes, you grant an irrevocable, perpetual, worldwide, non-exclusive license to Sponsor and its affiliates (including Adventure Ready Brands), to use, reproduce, modify, distribute, display, publish and create derivative works of any content that you provide, make available, or upload to a social media platform in connection with a Sweepstakes (collectively, “User-Generated Content“) in whole or in part in all media now known or hereafter devised, throughout the universe, in any way Sponsor or its affiliates see fit. You consent to Sponsor and its affiliates doing or omitting to do any act that would otherwise infringe your “moral rights” in any such User-Generated Content and you waive in favor of Sponsors and its affiliates any moral rights you may have in such content. Display or publication of any User-Generated Content on Sponsor’s or its affiliates’ website or social media properties does not indicate that you will be selected as a winner. Sponsor and its affiliates will not pay any additional consideration, notification, or permission in connection with any use of any User-Generated Content. You represent and warrant that (i) you own all rights, including all intellectual property rights, in and to all of your User-Generated Content; (ii) you are the original author of all of your User-Generated Content; and (iii) you have all rights necessary to grant the rights you are granting herein, and such grants will not violate any agreements between you and any third party or violate any third party’s privacy rights.
TERMINATION OF SWEEPSTAKES; CHANGES TO OFFICIAL RULES:
Sponsor may modify or cancel a Sweepstakes or these Official Rules at any time without prior notice for any reason whatsoever. Without limiting the foregoing, (a) if for any reason a Sweepstakes is not capable of running as originally planned, including should any virus, worm, bug, technical failures, unauthorized human intervention, or other causes corrupt or affect the administration, security, fairness, or proper conduct of a Sweepstakes, Sponsor may terminate the Sweepstakes; (b) Sponsor will not be liable for failure, delay, or termination in a Sweepstakes because of causes beyond its reasonable control, including without limitation acts of God, terrorism, war, riots, fire, earthquake, flood, or degradation, or failure of third party networks or communications infrastructure; and (c) Sponsor may modify a Sweepstakes Period depending on the available supply of prizes.
RELEASE:
Sponsor, its promotional partners, any third-party administrator, and any other entities involved in any aspect of the Sweepstakes, and their affiliates (including Adventure Ready Brands if it is not the Sponsor itself), officers, directors, employees, representatives, and agents (collectively, the “Released Parties“) are not responsible for and do not assume any liability for, and you agree to release and will hold them harmless from and against any and all liability, loss, injury, or damage to property or person, including death, rights, claims, and actions, and reasonable attorney’s fees and court costs, of any kind (collectively, “Losses“) arising in whole or in part, directly or indirectly, from: (a) the administration of a Sweepstakes, including any modification or termination of the Sweepstakes, the selection or confirmation of winners or awarding of prizes, and any errors, omissions, or inaccuracies in connection with the foregoing or in any Sweepstakes-related materials; (b) the acceptance, possession, use, or misuse of a prize (or any product purchased with a prize) or participation in a Sweepstakes; (c) any lost, misdirected, late, or incomplete entries or for inaccurate entry information; (d) any operation or transmission error, failure of electronic communications, theft, unauthorized access to, or alteration of, entries; (e) any damage to any computer or device resulting from accessing or downloading Sweepstakes materials or otherwise participating in a Sweepstakes; (f) the security or privacy of information transmitted via computer networks, including any breaches of privacy due to interference by a third party, including third-party computer “hackers” or otherwise; or (g) any failure by you to make any disclosures in any social media post or activity in connection with the Sweepstakes as required by these Official Rules or Applicable Law. Sponsor may disqualify any individual found to be: (x) tampering with a Sweepstakes; (y) violating these Official Rules; or (z) acting in an unsportsmanlike or disruptive manner or with intent to threaten or harass any person, and each of the foregoing will be deemed a breach of these Official Rules. Incomplete, robotic, automatic, programmed, or similar entries will be disqualified. The authorized subscriber of the account used to enter a Sweepstakes at the actual time of entry will be deemed to be the participant and must comply with these Official Rules in the event of a dispute as to entries submitted by multiple users having the same e-mail or social media account.
LIMITATION OF LIABILITY:
Without limiting the foregoing or any other provision herein, the Released Parties’ total liability for any and all claims, judgements, and awards against the Released Parties shall not exceed the total out-of-pocket expenses incurred by you to enter the applicable Sweepstakes. In no event shall the Released Parties be liable for any attorneys’ fees, punitive, indirect, incidental, special, and consequential damages.
DISPUTES:
THIS SWEEPSTAKES IS GOVERNED BY THE LAWS OF THE UNITED STATES OF AMERICA AND COLORADO, WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. As a condition of participating in this Sweepstakes, participant agrees that any and all disputes which cannot be resolved between the parties, and causes of action arising out of or connected with this Sweepstakes, shall be resolved individually, without resort to any form of class action, exclusively before a court located in Colorado having jurisdiction. Further, in any such dispute, under no circumstances will participant 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 this Sweepstakes), and participant further waives all rights to have damages multiplied or increased
NO ENDORSEMENT RELEASE:
A/This Sweepstakes is in no way sponsored by, endorsed by, administered by, or associated with Meta Platforms, Inc.; Facebook, Inc, Instagram, LLC (“Facebook” “Instagram“)/ Alphabet, INC; Google, LLC, YouTube, LLC (“YouTube” “Google” )/ Pinterest, Inc.; (“Pinterest”)/ ByteDance; (“TikTok”)/ Microsoft Corporation; LinkedIn Corporation (“LinkedIn”)/ X Corporation; Twitter, INC (“Twitter”)/ Snap Inc; Snapchat, Inc (“Snapchat”), You understand that you are providing information to Sponsor and not to FACEBOOK, TWITTER, INSTAGRAM, SNAPCHAT, YOUTUBE, PINTEREST, LINKEDIN, TIKTOK OR GOOGLE. However, you understand that by using and interacting with facebook.com, the Facebook mobile app, pinterest.com, the Pinterest mobile app, twitter.com, the Twitter mobile app, snapchat.com, the Snapchat mobile app, youtube.com, the YouTube mobile app, linkedin.com, the LinkedIn mobile app, tiktok.com, the TikTok mobile app, google.com, Instagram.com or the Instagram mobile app, you are subject to the terms, conditions, and policies that govern the use of those websites and mobile apps. You should therefore review their applicable terms and policies, including privacy and data gathering practices, before using or interacting with them. You may not inaccurately tag content on Facebook, TikTok, Pinterest, LinkdIn, Twitter, Snapchat, YouTube or Instagram in connection with the Sweepstakes. By entering a Sweepstakes, you agree to and do hereby release, discharge, and hold harmless FACEBOOK, TWITTER, INSTAGRAM, SNAPCHAT, YOUTUBE, PINTEREST, LINKEDIN, TIKTOK OR GOOGLE and their respective affiliates, employees, officers, directors, and representatives from any Losses arising out of (a) participation in a Sweepstakes or any Sweepstakes-related activities, or (b) the acceptance, use, misuse, or possession of any prize awarded hereunder or any product purchased with any prize awarded hereunder.
THIS PROMOTION IS IN NO WAY SPONSORED, ENDORSED, GOVERNED OR ADMINISTERED BY, OR ASSOCIATED WITH FACEBOOK, TWITTER, INSTAGRAM, SNAPCHAT, YOUTUBE, PINTEREST, LINKEDIN, TIKTOK OR GOOGLE. YOU UNDERSTAND THAT YOU ARE PROVIDING YOUR INFORMATION TO THE OWNER OF THIS SWEEPSTAKES, Creative Candy Studios, LLC AND NOT TO FACEBOOK, TWITTER, INSTAGRAM, SNAPCHAT, YOUTUBE, PINTEREST, LINKEDIN, TIKTOK OR GOOGLE.
SPONSOR’S DECISIONS ARE FINAL:
You agree that Sponsor’s decisions related to any Sweepstakes and any distribution of prizes are final.
WAIVER OF JURY TRIAL AND CLASS ACTIONS:
EACH PARTY HERETO IRREVOCABLY AND UNCONDITIONALLY WAIVES ALL RIGHT TO TRIAL BY JURY IN OR TO HAVE A JURY PARTICIPATE IN RESOLVING ANY DISPUTE, ACTION, PROCEEDING, OR COUNTERCLAIM, WHETHER SOUNDING IN CONTRACT, TORT, OR OTHERWISE, ARISING OUT OF OR RELATING TO OR IN CONNECTION WITH THESE OFFICIAL RULES, THE SWEEPSTAKES, OR ANY PRIZE (OR ANY PRODUCT PURCHASED WITH A PRIZE). ALL CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS SWEEPSTAKES, OR ANY PRIZES AWARDED (OR ANY PRODUCTS PURCHASED WITH A PRIZE), SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM CLASS ACTION.
DISPUTES:
THIS SWEEPSTAKES IS GOVERNED BY THE LAWS OF THE UNITED STATES OF AMERICA AND COLORADO, WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. As a condition of participating in this Sweepstakes, participant agrees that any and all disputes which cannot be resolved between the parties, and causes of action arising out of or connected with this Sweepstakes, shall be resolved individually, without resort to any form of class action, exclusively before a court located in Colorado having jurisdiction. Further, in any such dispute, under no circumstances will participant 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 this Sweepstakes), and participant further waives all rights to have damages multiplied or increased
Notwithstanding anything to the contrary herein, you acknowledge and agree that a breach by you of these Official Rules would cause Sponsor irreparable harm for which monetary damages would not be an adequate remedy, and in the event of such breach or threatened breach, Sponsor will be entitled to injunctive or equitable relief. In addition, Sponsor’s affiliates will have the right to seek any remedies available to Sponsor directly on behalf of Sponsor.
PRIVACY NOTICE:
All information submitted in connection with a Sweepstakes will be used and treated in accordance with these Official Rules and Privacy Policy
You agree that personal information shared in connection with a Sweepstakes may be (i) processed, shared, and otherwise used for the purposes of administering and within the context of a Sweepstakes; and (ii) used by the Sponsor to verify your identity, postal address, and telephone number or to otherwise verify your eligibility to participate in a Sweepstakes. You acknowledge that Sponsor may be required to disclose the winner’s address to regulatory authorities, and you agree to any such disclosure. Click here to view our Privacy Policy
WINNERS LIST:
A list of the winner’s name will be available at
- https://creativecandystudios.com/french-provincial-aurora-borealis-dresser-giveaway-winners-page/
within 24 hrs of drawing.
SPONSOR: The Sponsor of the Sweepstakes is
Creative Candy Studios, LLC
3645 Jeannine Drive
Colorado Springs, CO
80917, USA
ADDITIONAL TERMS:
If any term or provision of these Official Rules is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of these Official Rules or invalidate or render unenforceable such term or provision in any other jurisdiction. If any term of these Official Rules is held to be excessively broad or invalid, illegal, or unenforceable in any jurisdiction, it shall be reformed and construed by limiting and reducing it so as to be enforceable to the maximum extent permitted by Applicable Law in conformance with its original intent.
Website ~ Michelle|by Design
All Rights Reserved
Website ~ Michelle|by Design
All Rights Reserved