Project Bracelet Terms & Conditions
NO PURCHASE NECESSARY. VOID WHERE PROHIBITED. OPEN TO JEWELRY DESIGNERS (AS DEFINED BELOW) WHO ARE 18 YEARS OF AGE OR OLDER OR AGE OF MAJORITY
TERMS AND CONDITIONS
1. Program Application Period: The application period for the Diamonds Do Good “Project Bracelet” (the “Program”) will be begin on or about 9:00 a.m. Eastern Time (“ET”) May 6, 2021 and ends at 5:00pm ET onJune 28, 2021 (the “Program Period”). Diamonds Go Good reserves the right to extend the application deadline past 5:00pm ET on June 28, 2021 at Diamond Do Good’s discretion.
2. Eligibility: At this time, the Program is open only individuals who are 18 years of age or older or age of majority as of date of Application. Employees and the immediate family members (spouses, parents, children and siblings and those residing in the same household regardless of whether or not they are related) of Diamonds Do Good (“Diamonds Do Good”), and each of their respective parent companies, affiliates, subsidiaries, retailers, advertising and promotion agencies (collectively “Program Entities”) are not eligible to participate or apply.
Applicants must meet the following requirements:
- Must certify that all designs were created by the Applicant and do not infringe the intellectual property rights of another person or party.
3. How To Apply: During the Program Period, consumers (the “Applicant”) may apply by visitingDiamondsDoGood.com/Project Bracelet (the “Site”) and completing all required information including submitting two designs for “Project Bracelet” (in [ JPG, PDF, CAD, ETC.]) multi-view projection including technical aspects and materials used. The first design will be the ‘mass’ version retailing for roughly $125 with a $55 Wholesale price. The second version is a hero/upticket version retailing between $2,999 and $3,500 (each, a “Design” or collectively, “Designs”). In addition, a word document including their name, address, business or brand name (if applicable), social media handles (Facebook, Instagram, Twitter, TikTok, LinkedIn, WhatsApp) with a description of their Design highlighting the inspiration behind it and their personal journey as it applies to the theme: Growth, Unity and Equality (“Theme”) and a 1-minute video explaining the inspiration behind your design, in order to complete their application (the “Application”). Limit one (1) Application per person/email address. All Applications must be in English only. Any Application not in compliance with the above will be disqualified. All Applications and collections must be the sole, original work of the Applicant. No information regarding Applications other than as otherwise set forth in these Terms and Conditions, will be disclosed. Each Applicant grants to Diamonds Do Good the right to use, publish, and broadcast his/her name, picture, portrait, image and likeness in all media and types of advertising and promotion. Applicants warrant to Diamonds Do Good, that all rights to the Design/Application belong to them and the Design/Application does not infringe, misappropriate or violate the rights of any third party including, but not limited to, copyright, trademark, or other intellectual property rights, rights of publicity or privacy or defamation, or portrayal in a false light. No copyrighted trademarks, brands, or other intellectual property not owned by Applicant may be used in Application. Such use will immediately disqualify the Application. Any Application deemed unsuitable by Diamonds Do Good will be disqualified in Diamonds Do Good’s sole discretion. By submitting an Application, you hereby acknowledge and agree that your/their Design, and all rights, title and interest therein, becomes the property of Diamonds Do Good (and full ownership is assigned to them) and it is considered a “work for hire”, and a complete buyout of Design, with no further compensation provided or owed to you, as Applicant, Finalist or Featured Designer (as described below). By applying, Applicant understands that their Application/Design may (in Diamonds Do Good’s sole discretion) be posted online for public viewing. In the event of a dispute as to the identity of the Applicant, the Applicant will be deemed the name appearing on the Application at the time of submission. Normal Internet/phone access and data/usage charges imposed by Applicants’ online/phone service will apply.
4. Application Requirements: Diamonds Do Good has the sole discretion to determine whether an Application meets all eligibility requirements. The Application must be Applicant’s work and should not contain, incorporate or reference any content that is owned by any third party or entity, would require the consent of any third party or entity in any jurisdiction, or which infringes any third party’s copyright, patent, trademark, trade secret, right of publicity, right of privacy, moral rights, and/or any other applicable personal or proprietary rights. Automated, script, macro or robotic Applications submitted by individuals or organizations will be disqualified. Applications must be in keeping with Diamonds Do Good’s image and may not be offensive, as determined by Diamonds Do Good in its sole discretion, nor can it defame or invade publicity rights or privacy rights of any person, living or deceased, or otherwise infringe upon any person’s personal or proprietary rights. In such an event, the Application will not be posted online and will be disqualified from the Program. Any Application not in compliance with the above and does not meet the Program requirements will be disqualified.
BY PARTICIPATING, APPLICANTS AGREE TO RELEASE, DISCHARGE AND HOLD HARMLESS DIAMONDS DO GOOD, AND ITS AFFILIATES AND SUBSIDIARY COMPANIES, ADVERTISING AND PROMOTION AGENCIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, INDEPENDENT CONTRACTORS, REPRESENTATIVES AND AGENTS FROM AND AGAINST ANY AND ALL ALLEGED OR ACTUAL CLAIMS, ACTIONS, DEMANDS, LOSSES, SETTLEMENTS (WHETHER OR NOT LITIGATION IS COMMENCED), LIABILITIES AND DAMAGES OF ANY KIND WHATSOEVER EXISTING NOW OR ARISING IN THE FUTURE (INCLUDING, WITHOUT LIMITATION, BODILY INJURY, PERSONAL INJURY, DEATH, DISABILITY AND PROPERTY DAMAGE OR LOSS), COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES, COURT COSTS, SETTLEMENT AND DISBURSEMENTS) DIRECTLY OR INDIRECTLY ARISING OUT OF THE DELIVERY, ACCEPTANCE, POSSESSION, USE OR MISUSE OF AN OPPORTUNITY TO FEATURE DESIGN FOR SALE, PARTICIPATION IN ANY PROGRAM-RELATED ACTIVITY, ACCESS TO THE PROMOTIONAL SITES AND PAGES, AND/OR PARTICIPATION IN THIS PROGRAM. APPLICANTS ACKNOWLEDGE THAT DIAMONDS DO GOOD MAY MODIFY OR TERMINATE THE PROGRAM WITHOUT NOTICE AT ANY TIME AND DIAMONDS DO GOOD MAKES NO GUARANTEE OR WARRANTY CONCERNING THE PROGRAM OR THAT AN APPLICANT OR ANY FEATURED DESIGNER WILL OBTAIN ANY PARTICULAR RESULT FROM PARTICIPATING IN THE PROGRAM.
Due to the nature of this Program, there is a possibility that similar Applications may be made by multiple individuals. Any similarity between Applications shall in no way entitle you to any consideration or compensation from Diamonds Do Good or from any third party, including in the event an Application similar or identical to yours is determined a Featured Designer in this Program. By submitting your Application, you specifically acknowledge this possibility and agree to the terms stated in these Terms and Conditions.
5. Finalist/Featured Designers Application Review and Finalist/Featured Designers Notification: At the conclusion of the Program Period, all eligible Applications will be reviewed by Diamonds Do Good’s-selected individuals (“Reviewers”) on or about June 29, 2021, based on the following: Fit with Diamonds Do Good’s Image, Originality/Creativity, Appeal, Marketability and Interpretations of the Theme: Growth, Unity, and Equality.
Three (3) Potential Finalists (each, a “Finalist”) will be notified via email/phone and will be required to provide additional documents and information (the “Supplemental Documentation”) in order to provide more details about their jewelry Design(s) and eligibility. Each Finalist (separately) will participate in a video conference presentation with the Reviewers of their Design(s) and their interpretation of the Theme in the Design(s) [“Presentation(s)”]. Additional collections can be presented during this video conference. Video conference not to exceed 20 minutes. The video conference will be set up on a Sponsor-selected date between July 6, 2021 and July 23, 2021 (Diamonds Do Good reserves the right to alter these dates). The Featured Design (“Featured Designs”) and designer (“Featured Designer”) will be declared after these Presentations. All Finalists are to keep the Featured Designs and Featured Designer a secret until Diamonds Do Good has made the final announcement in the fall of 2021. Diamonds Do Good will manufacture the Featured Designs. Manufacturers chosen to manufacture the Designs are at Diamonds Do Good’s sole discretion.
Once the three (3) Finalists are determined, Diamonds Do Good will perform a background check. Finalists agree to provide any verification or authorizations necessary in connection with the background check. Diamonds Do Good will have the right, in its sole discretion, to disqualify any Final Designer if the background check of such Finalist reveals conduct, information or history that, in Diamonds Do Good’s determination, may be harmful to Diamonds Do Good’s image or reputation or with which Diamonds Do Good do not wish to be associated. Finalists may also need to provide Diamonds Do Good with their back story to include, along with the Design(s), and other media, as they see fit.
Finalists must create videotaped ‘Promos’ of their Designs and journeys (“Promos”) which will be used via social media to garner interest and publicity for the Program and each Finalist. Direction and assistance in creating these videotapes will be given by Diamonds Do Good when the Final 3 Designs have been chosen. These Promos will be aired throughout the summer of 2021 culminating in a Final Reveal of the Featured Designs and Featured Designer. During this time, Diamonds Do Good may ask the general public which Finalist is their favorite; however, this will have no bearing on the Featured Designer or the results of the Program. Other types of advertising and promotions surrounding the Finalists may take place in Sponsor’s sole discretion and by being determined a Finalist, you agree to be featured in any advertising surrounding the Program. Diamonds Do Good’s decisions are final with respect to all matters relating to the Program. By participating, Applicants agree to the Terms and Conditions and the decisions of Diamonds Do Good, which shall be final and binding in all respects.
6. Featured Designer Opportunity: The opportunity to have the Featured Designers’ Design featured on the Diamonds Do Good site for donations, and have the potential to be featured at Jared The Galleria of Jewelry, Macy’s, and leading luxury independent jewelry stores across the United States (the “Opportunity”). All details about the Opportunity are in Diamonds Do Good’s sole discretion. While Diamonds Do Good intends to award the Opportunity as long as there is an eligible Applications received, Diamonds Do Good reserves the right not to award the Opportunity in its sole discretion. Opportunity recipient will be notified by phone and/or e-mail. Opportunity is not transferable. No substitution or transfer of opportunity permitted. All other expenses and costs not expressly listed in these Terms and Conditions are each of the Featured Designer’s sole responsibility.
The potential Featured Designer will be contacted via email/phone initially. After initial contact, all potential Featured Designers will be required to sign and return via email, a contract with Diamonds Do Good (the “Contract”) within the timeframe provided by Diamonds Do Good or the opportunity will be deemed rejected. Return of any Opportunity notification as undeliverable may result in disqualification and alternate determination.
7. General Rules: All Finalists, as a condition of Application into the Program, agree to release Program Entities, each of their respective agencies, parents, subsidiaries, affiliated companies and each of their respective officers, directors, shareholders, members, employees, agents, assigns, and all others associated with the development and execution of this Program (collectively, the “Released Parties”) from and against any and all liability, claims or actions of any kind whatsoever for injuries, damages, or losses to persons or property which may be sustained in connection with submitting an Application (as applicable) or otherwise participating in any aspect of the Program, the receipt, ownership or use of any Opportunity awarded or any typographical or other error in these Terms and Conditions or the announcement or offering of the Opportunity. Acceptance of Opportunity constitutes permission to use Finalists’ name, likeness, Application and Design(s) for promotional purposes (including any possible public relations opportunities) without further compensation except where prohibited by law. By applying, each Finalist accepts and agrees to be bound by these Terms and Conditions. In the event of a dispute, Applications will be declared to be made by the authorized account holder of the e-mail address submitted at the time of Application. “Authorized account holder” is defined as the natural person who is assigned to an e-mail address that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. Diamonds Do Good reserves the right at its sole discretion to disqualify any individual that tampers or attempts to tamper with the Application process or the operation of the Program; violates the Terms and Conditions; acts in an unsportsmanlike or disruptive manner; or acts with intent to annoy, abuse, threaten or harass any other person. The Released Parties are not responsible for technical, hardware or software malfunctions, telephone failures of any kind, lost or unavailable network connections, or failed, incorrect, inaccurate, incomplete, garbled or delayed electronic communications, whether caused by the sender, by any of the equipment or programming associated with or utilized in this Program which may limit the ability to participate, or by any human error which may occur in the processing of the Applications in this Program. Applications generated by script or bot are not eligible. Diamonds Do Good reserves the right to cancel, terminate or modify the Program if it cannot be completed as planned for any reason, including but not limited to for infection by computer virus, bugs, tampering, unauthorized intervention, technical failures or corruption of any sort. As a condition of applying the Program to the extent permitted by law, Finalists agree that: 1) under no circumstance will Applicant be permitted to obtain awards for, and Applicant hereby waives all rights to claim, punitive, incidental, consequential or any other damages, other than for out-of-pocket expenses; 2) all causes of action arising out of or connected with this Program, or any Opportunity awarded, shall be resolved individually, without resort to any form of class action; and 3) any and all claims, judgments, and award shall be limited to actual out-of-pocket costs incurred though in no event will attorney’s fees be awarded.
8. Conditions: No information regarding Applications or Application review will be disclosed to any third party not involved in the conduct of the Program. By submitting an Application, you represent: (a) that the Application/Design is your own original creation; and (b) any and all rights to the Application/Design belong to you and the Application/Design does not infringe, misappropriate or violate the rights of any third party.