USERS OF THIS SERVICE ARE BOUND BY THESE TERMS AND CONDITIONS (THESE “TERMS”). THESE TERMS AND CONDITIONS APPLY IN ADDITION TO THE twilatruefinejewelry.com TERMS OF USE.

Please read the following Terms before using this service. By using this service, which is operated by Allotrope Holdings, LLC dba Twila True Fine Jewelry & Watches (“we,” “us,” “our”, and “TTFJW”), you agree to the terms described below. If you don't agree to these Terms, you may not use this service.

BY CHECKING THE [“I HAVE READ, UNDERSTOOD AND AGREE] BOX, YOU AGREE TO AND INDICATE YOUR ACCEPTANCE OF THESE TERMS.

Modification of These Terms

These Terms may be modified from time to time. Any changes will be effective immediately upon posting. Each time you access this service you will be presented with the current terms, conditions and privacy statement for acceptance. You must agree to the modified terms to use this service.

Nature and Use of Information Provided Through This Service is for your general informational use only.

YOU ASSUME ALL RISK FOR USE OF THIS SERVICE, INCLUDING WITHOUT LIMITATION ANY INFORMATION PROVIDED OR ACCESSED THROUGH THIS SERVICE.

You agree to comply with any technical limitations for the service that only allow you to use the service in certain ways and you agree to comply with all laws, rules and regulations applicable to your use of the service.

You are prohibited from using the Service to post or transmit any unlawful, threatening, libelous, defamatory, obscene, pornographic, illegal, or any material that could constitute conduct that would be considered a criminal offense, violate the rights of any party, or which may otherwise violate any law or give rise to civil or criminal liability. In all cases, we reserve the right, but are not obligated, to remove any content, message or transmission you have made for any or no reason, including but not limited to, messages that, in our sole discretion, violate these Terms.

You further agree not to (i) take any action that may undermine the service’s operation, features or functionality; (ii) [transfer your account to another party]; (iii) use the service in any manner that could damage, disable, overburden or impair any of our or third-party networks or servers or for any unlawful or unauthorized purpose; (iv) restrict or inhibit any other user from using and enjoying the service; (v) attempt to gain unauthorized access to other user accounts or computer systems or networks connected to the service through hacking, password mining or any other means or otherwise attempt to compromise the security or integrity of the service; or (vi) collect information about other users, including without limitation email addresses, without their consent.

Disclaimer

YOU AGREE TO ASSUME THE RISK OF ACCESSING AND USING THE SERVICE. THIS SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS, FLAWS, ERRORS AND OMISSIONS. TTFJW AND ITS AFFILIATES DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS THE SERVICE. EXCEPT FOR WARRANTIES WHICH MAY NOT BE DISCLAIMED AS A MATTER OF LAW, TTFJW AND ITS AFFILIATES MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY OR NATURE OF THE CONTENT OF THE SERVICE, COMPLETENESS, AVAILABILITY, RELIABILITY, ADEQUACY, RESULTS, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR THAT THE SERVICE WILL PERFORM WITHOUT INTERRUPTION OR WILL BE FREE FROM ERRORS.

YOU UNDERSTAND AND ACKNOWLEDGE THAT YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO ANY DEFECT IN OR DISSATISFACTION WITH THE SERVICE IS TO CEASE USE OF THE SERVICE.

WE RESERVE THE RIGHT TO SUSPEND OR WITHDRAW ALL OR ANY PART OF THE SERVICE AT ANY TIME WITHOUT NOTICE OR ANY LIABILITY TO YOU.

Limitation of Liability; Indemnity

TTFJW AND ITS AFFILIATES, EMPLOYEES AND AGENTS ARE NOT RESPONSIBLE FOR AND HAVE NO LIABILITY FOR ACTIONS TAKEN BY YOU OR A THIRD PARTY OR NOT TAKEN BY YOU OR A THIRD PARTY WITH RESPECT TO USE OF OR INABILITY OR FAILURE TO USE THE SERVICE OR ANY INFORMATION AVAILABLE ON OR THROUGH THE SERVICE. WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL TTFJW AND ITS AFFILIATES OR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SERVICE (OR ANY PART THEREOF) BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT DAMAGES OR OTHER DAMAGES RELATED TO YOUR OR OTHERS’ USE OF THE SERVICE, INFORMATION PROVIDED THROUGH THIS SERVICE, INCLUDING WITHOUT LIMITATION DAMAGE CAUSED BY VIRUSES OR ANY INACCURACIES OR INCOMPLETENESS OF THE INFORMATION PROVIDED OR MADE AVAILABLE THROUGH THE SERVICE, OR ANY THIRD-PARTY WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL OUR LIABILITY TO YOU RELATING TO THE SERVICE, INCLUDING WITHOUT LIMITATION INFORMATION PROVIDED OR MADE AVAILABLE THROUGH THE SERVICE OR ANY THIRD-PARTY WEBSITE, EXCEED ONE HUNDRED DOLLAR ($100.00).

You agree to indemnify us and hold us harmless for damages arising out of your use of, or failure to use, and/or access to the service and information provided through this service, violation of these terms, and/or violation of any third party rights.

 

YOU EXPRESSLY WAIVE AND GIVE UP ALL RIGHTS AND BENEFITS UNDER CALIFORNIA CIVIL CODE SECTION 1542 AND ANY LAW OR LEGAL RULE OF SIMILAR EFFECT IN ANY TERRITORY WITH RESPECT TO THE RELEASES GRANTED BY YOU IN THESE TERMS, INCLUDING BUT NOT LIMITED TO THE RELEASE OF UNKNOWN AND UNSUSPECTED CLAIMS GRANTED IN THESE TERMS. YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND SECTION 1542 OF THE CALIFORNIA CIVIL CODE, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”

Third-Party Information; Links to Other Sites

Any information available through this service that is not identified as being prepared by TTFJW and its affiliates (including information available through other sites we may link to) is provided on an "as is" and “as available” basis, with all faults, flaws, errors and omissions, and is provided for your information and convenience only. Although TTFJW and its affiliates makes reasonable efforts to present accurate and reliable information on this site and through the service, TTFJW and its affiliates does not endorse or guarantee the accuracy of third-party information on its sites or other Web sites, does not evaluate or monitor such third-party information, and cannot be responsible for any content or information provided by these third parties.

Service is for Personal Use Only

Except as otherwise specified, the information provided through this service is the property of its respective owners. You may print the information for your personal use. All other uses of the information, including any graphics provided, require prior consent from TTFJW and its affiliates. You may not use information on this site for any unlawful purpose.

Personal Data

Personal data and other information provided by you shall not be disclosed to third parties see TTFJW’s privacy policy https://twilatruefinejewelry.com/pages/privacy-policy unless the obligation to disclose the information to third parties results from the currently effective provisions of law, such as to comply with a subpoena, or similar legal process, when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request, or if it is necessary for the TTFJW’s security and the protection of its rights, including the protection against the claims submitted by the third parties. TTFJW reserves the right to use the provided personal data for the marketing purposes and other purposes connected with presenting an up-to-date offer of Services and instructions or tips related to Services in direct contacts with you. You may opt-out from such emails at any time by following the unsubscribe instructions located at the bottom of each communication or by emailing us at info@twilatrue.com.

We will always give you an opportunity to choose opt-out before your personal data is (1) disclosed with providing services and its current business activity, or (2) to be used for a purpose that is materially different than that for which it was originally collected or subsequently authorized by you. The only exception to this choice for personal data would be where we are required to disclose your personal data pursuant to a governmental, police or judicial order, law or regulation to meet national security or law enforcement requirements. We will enable you with reasonable mechanisms to exercise your choices. To limit the use and disclosure of your personal data, please submit a written request by emailing us at info@twilatrue.com.

Governing Law

The laws of the State of California, without regard to principles of conflict of laws, will govern these terms and any dispute that may arise between you and us or any of our affiliates.

Term and Termination

These terms apply starting on the date you indicate your acceptance of these terms and will continue until you either stop using the service or your rights to use the service are terminated by us. The services is provided to you as a convenience. We have the right to terminate or limit your access to the service or to suspend or terminate the service at any time for any reason, with or without notice to you.

 

OCTOBER 2022 GIVEWAY
OFFICIAL RULES
NO PURCHASE OR PAYMENT IS NECESSARY TO ENTER OR TO WIN.
A PURCHASE DOES NOT IMPROVE ONE’S CHANCES OF WINNING.
VOID OUTSIDE THE 50 UNITIED STATES AND THE DISTRICT OF COLUMBIA, AND WHERE PROHIBITED BY LAW.

1. EEligibility: WIN Prize: 14K Yellow Gold Multicolor Eternity Band ($1,825) (“Sweepstakes”) is only open to permanent legal residents of the 50 United States and the District of Columbia (“D.C.”) who are currently physically located and residing therein. Entrants must be eighteen (18) years of age or older as of the date of entry into the Sweepstakes. Entrants must also have either a valid Social Security number and/or a valid U.S. Individual Taxpayer Identification Number. Employees, contractors, influencers and/or agents of Allotrope Holdings, LLC dba Twila True Fine Jewelry and Watches (“Sponsor”), or the companies/entities involved in the production, development, implementation, or handling of the Sweepstakes, any agents acting for, or on behalf of the above entities, their respective parent companies, officers, directors, subsidiaries, franchisees, affiliates, licensees, service providers, or any other person or entity associated with the Sweepstakes (collectively “Sweepstakes Entities”) are not eligible to enter the Sweepstakes and any immediate family members (i.e. a spouse, domestic partner, child, sibling, or parent or any of their respective spouses, regardless of where they reside) and/or any person, whether related or not, living in the same household of an individual affiliated with the Sponsor a Sweepstakes Entity, are ineligible to enter the Sweepstakes.

2. Sweepstakes Period: For all purposes of this Sweepstakes, the Sponsor’s computer is the official clock and all times refer to Pacific Time (“PT”). The Sweepstakes period begins at 12:00 a.m. October 1, 2022 and ends at 11:59 p.m. October 31, 2022 (“Sweepstakes Period”). 

3. How to Enter: Entrants must first follow the steps below entrants must complete the following steps each step will count as one (1) entry into the Sweepstakes (“Entry”): Visit the Twila True Fine Jewelry and Watches store in Resorts World Las Vegas and scan a QR code and fill out a form (name, email/phone number) or use the following URL to enter will be https://twilatruefinejewelry.com/pages/october-in-store-giveaway . Entries must be received by 11:59 p.m. October 31, 2022. If entrants use a web-enabled mobile device to obtain an Entry, data rates may apply (entrants should contact their service provider for data rates/plans). Entrants should use care and not drive or operate machinery while entering the Sweepstakes. Proof of submitting an Entry will not be deemed by the Sponsor as proof of receipt or entry into the Sweepstakes. Final eligibility for the award of the prize is subject to eligibility verification and other conditions and requirements, as set forth below.

4. Prize/Odds of Winning: 14K Yellow Gold Multicolor Eternity Band ($1,825). No cash equivalent for the Prize will be available. The Prize is not transferable. However, the Sponsor may, in its sole discretion, choose to substitute the Prize with one of comparable or greater value due to unavailability or for any other reason. As applicable, the Prize and Prize notification will only be sent to addresses located in the 50 United States of America and the District of Columbia. Odds of winning a prize depends on the total number of eligible Entries received during the Sweepstakes Period. Limit one (1) prize per person/family/household. All expenses associated with the receipt or use of the Prize not specifically mentioned as being included are excluded and is the sole responsibility of each winner. Any depictions of prize in the promotional materials or otherwise are for illustrative purposes only. All federal, state, or other tax liabilities (including but not limited to income taxes) arising from participation in the Sweepstakes or the award of a prize will be the sole responsibility of the winner. All prize details are at Sponsor’s sole discretion.

5. Drawing: The potential winners will be randomly selected in a drawing held by the Sponsor on or around November 1, 2022 (“Drawing Date”) from among all eligible Entries received.

6. Notification of Winners: The potential winners will be notified by phone or email. Potential winner will have 24 hours to respond to the message with his/her contact information. Thereafter, he/she will be contacted by the Sponsor in order to confirm eligibility and sign and return an original unmodified Affidavit of Eligibility, a Liability Release, and (where legal) a Publicity Release, and any other documentation that the Sponsor requires (collectively “Affidavit/Release”) within 24 hours after receipt by such potential prize winner or he/she may be disqualified and an alternate potential prize winner may be selected. By returning a completed Affidavit/Release, such prize winner attests to the provisions stated therein including the accuracy of the information contained therein and compliance with these Official Rules. If a potential prize winner does not respond to the ram Direct message within 24 hours; is found to be ineligible; if he/she does not comply with these Official Rules; or if his/her prize or prize notification message is returned as undeliverable said potential winner will be disqualified, and an alternate potential winner may be selected in the Sponsor’s sole discretion.

7. General Conditions: This Sweepstakes is governed by these Official Rules and all applicable federal, state, and local laws and regulations. By entering the Sweepstakes, entrants agree and acknowledge to be bound by these Official Rules, as well as the decisions of the Sponsor which are final and binding in all respects; to waive any rights to claim ambiguity with the Official Rules; and to indemnify and hold harmless the Sweepstakes Entities from any and all liability resulting or arising from the Sweepstakes or the use of any submitted Entry. Once submitted, Entries become the sole property of the Sponsor and will not be returned. Any personal information supplied by entrants to Sponsor or its affiliates will be subject to Sponsor’s Privacy Policy located at https://www.twilatruefinejewelry.com/pages/privacy-policy . Thus, except where prohibited by law and Sponsor’s Privacy Policy: (1) entry and/or winner’s acceptance of prize constitutes permission for the Sweepstakes Entities to use a winner’s name, address (city and state), photo, video, likeness, biographical information, statement, and voice for advertising/publicity purposes worldwide and in all current and future forms of media (including posting on any Sponsor related website or social media platform), in perpetuity, without further notice to or compensation in connection with said Sweepstakes or the prize awarded and (2) Sponsor has the right to modify, edit, adapt, electronically alter, use, assign and/or dispose of such Entries however it sees fit and for any purpose without any notice or compensation to entrant or any third parties. The Sponsor reserves the right, in its sole discretion, to disqualify any individual found to be tampering with the entry process or the operation of the Sweepstakes, to be acting in violation of the Official Rules, or to be acting in an unsportsmanlike or disruptive manner, or with the intent to annoy, abuse, threaten, or harass any other person. Any person attempting to defraud or tamper with the Sweepstakes will be prosecuted and is not eligible for a prize. If, for any reason, the Sweepstakes is not capable of running as originally planned, the Sponsor, in its sole discretion, reserves the right to cancel, suspend, or modify the Sweepstakes or any portion(s) thereof and to conduct the drawing(s) and award the prize from all salvageable eligible Entries received prior to and/or after (as appropriate) the action taken by the Sponsor, or award the prize in a manner that is fair and equitable. In case of a dispute over the identity of an entrant who submitted a winning Entry. Said person must comply with these Official Rules, be the person who completed the act of entering, and, in the Sponsor’s sole discretion.

8. Disclaimers: The Sweepstakes Entities are not responsible or liable for Entries that are entered by other than human means (such as by an automated computer program or any non-human mechanism, entity, or device), in excess of the stated limit, or for Entries that are illegible, late, tampered with, forged, incomplete, misdirected, deleted, damaged, corrupted, lost, misplaced, stolen, destroyed, dropped, inaccessible, corrupted, jumbled, or otherwise not in compliance with these Official Rules. Any such Entries will be disqualified. By entering the Sweepstakes, the entrants agree and acknowledge that the Sweepstakes Entities shall have no responsibility or liability (including, but not limited to, liability for any property loss, damage, personal injury, or death) in connection with: participation in this Sweepstakes; human error; incorrect or inaccurate transcription of information contained in the Entry; acceptance/possession, use/misuse, and/or defects of prize (or prize element) awarded herein; typographical errors in the Sweepstakes promotional material; any technical malfunctions of the telephone network, computer online system, computer dating mechanism, computer equipment, software, internet service provider utilized by the Sweepstakes; any interruption or inability to access the Sweepstakes on any online service via the internet due to hardware or software compatibility problems; wireless network dead zones or obstructions; any damage to an entrant’s (or any third person’s) computer/mobile device and/or its contents related to or resulting from any part of this Sweepstakes or from entering or downloading materials/software in connection with the Sweepstakes; and/or any lost/delayed data transmissions, omissions, interruptions, defects or any other errors or malfunctions even if caused by the negligence of one of the Sweepstakes Entities. Entrants hereby acknowledge that the Sweepstakes Entities have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to any prize, including express warranties provided exclusively by a prize supplier that are sent along with a prize. The entrants further agree to indemnify and hold harmless the Sweepstakes Entities from any and all liability resulting or arising from the Sweepstakes, release all rights to bring any claim, action, or proceeding against the Sweepstakes Entities, and hereby acknowledge that the said Sweepstakes Entities have neither made nor are in any manner responsible or liable for any representation or guarantee, express or implied, in fact or in law, relative to a prize. The Sweepstakes Entities shall not be liable for any injury, damage, loss, expense, accident, delay, inconvenience, or irregularity that may be caused by or have contributed to (1) any wrongful, negligent or unauthorized act or omission on the part of the prize supplier or any of its agents, servants, employees, or independent contractors, (2) any wrongful, negligent or unauthorized act or omission on the part of any other person or entity not an employee of the Sponsor, or (3) any other cause, condition, or event whatsoever beyond the control of the Sponsor or its parents, subsidiaries, and affiliated companies. The failure of the Sponsor to comply with any provision of these Official Rules due to an act of God, hurricane, war, fire, riot, earthquake, terrorism, act of public enemies, actions of governmental authorities outside of the control of the Sponsor (excepting compliance with applicable codes and regulations), or other force majeure event will not be considered a breach of these Official Rules.

9. GOVERNING LAW, JURISDICTION, ARBITRATION: Any controversy or claim arising out of or relating to (i) the Sweepstakes, (ii) the awarding or redemption of the prize, and/or (iii) the determination of the scope or applicability of these Official Rules or their enforcement or interpretation shall be governed by and construed in accordance with the substantive laws of the U.S. State of California without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other jurisdiction’s laws. Any controversy or claim arising out of or relating to this agreement, its enforcement, arbitrability, or interpretation shall be submitted to final and binding arbitration, to be held in Orange County, California before a single arbitrator. The arbitrator shall be selected by mutual agreement of the Sponsor and the entrant or entrants bringing forth the controversy or claim, which to the extent permissible must be brought individually and not as part of a class/group (collectively, the “Parties”) or, if the Parties cannot agree, then by striking from a list of arbitrators supplied by the American Arbitration Association. The arbitration shall be a confidential proceeding, closed to the general public. The arbitrator shall issue a written opinion stating the essential findings and conclusions upon which the arbitrator’s award is based. The Parties will share equally in payment of the arbitrator’s fees and arbitration expenses and any other costs unique to the arbitration hearing (recognizing that each side bears its own deposition, witness, expert and attorneys’ fees and other expenses to the same extent as if the matter were being heard in court). Each entrant agrees that his/her claim will be resolved individually, exclusively by arbitration, without resort to any form of class action. Each entrant further agrees that any claim/judgment/award in such arbitration shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in the Sweepstakes but in no event attorneys' fees; and, under no circumstances, will any entrant be entitled to awards. Each entrant hereby waives all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or increased. Should any term of this section be deemed by a tribunal of competent jurisdiction void, unenforceable or contrary to law, such term shall, but only to the extent necessary to bring this section within the requirements of law, be deemed to be severed from the other terms of these Official Rules, and the remainder of these Official Rules shall be given effect as if it had not included the severed term herein. THE PARTIES HEREBY WAIVE THEIR RIGHT TO JURY TRIAL WITH RESPECT TO ALL CLAIMS AND ISSUES ARISING OUT OF OR RELATING TO THIS AGREEMENT WHETHER SOUNDING IN CONTRACT OR TORT AND INCLUDING ANY CLAIM FOR FRAUDULENT INDUCEMENT THEREOF.

10. Rules/Name of Winners: To receive the name of the winners or a copy of these Official Rules, send a self-addressed stamped envelope to September 2022 GIVEWAY. All requests must be received by December 31, 2022. The Official Rules will be available at https://www.twilatruefinejewelry.com/pages/terms-of-use during the entire Sweepstakes Period.

11. Sponsor: Allotrope Holdings, LLC dba Twila True Fine Jewelry & Watches 1024 Bayside Drive #205 Newport Beach, CA 92660.