TIKTOK COMMENTS GIVEAWAY
- PROMOTION ORGANIZER
The Incandescent Clothing Company* (hereinafter, “ICC+”), located at 1595 Bedford Hwy, Unit T5, Bedford, NS B4A 3YA has organized this giveaway (hereinafter, “the Promotion”) of national scope, which will take place on the internet, exclusively for residents of Canada outside of Quebec in accordance with the provisions in the participation requirements section.
The purpose of this giveaway is to reward audience members who show brand appreciation for ICC+'s TikTok account (@shopincandescent) with a gift card valued at $50.
- START DATE AND END DATE
The Promotion will start on July 8, 2020 at 11:20 am AST and end on August 1, 2020 at 11:59 pm AST (“Contest End Date”) after which time the Contest will be closed and no further entries shall be accepted. The sole determinant of time for the purpose of receipt of a valid entry will be the Sponsor’s server(s).
3.ELIGIBILITY and REQUIREMENTS FOR PARTICIPATION AND MECHANICS OF THE PROMOTION
The Giveaway is open to legal residents of Canada, except Quebec, who are age of majority in their province or territory of residence at time of entry, with the exception of employees of the Sponsor, its parent, related and affiliated companies, subsidiaries, departments or agencies, franchisees, suppliers, partners, advertising and promotional agencies, giveaway administrators, and any other parties engaged in the development, production or distribution of Giveaway materials and those living in the same household. By participating in this Giveaway, entrants acknowledge compliance with, and agree to be bound by, these Giveaway Rules. Entrants who do not comply with any of the Giveaway Rules are subject to disqualification by the Sponsor, in the Sponsor’s sole discretion.
NO PURCHASE NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES, OR TO CLAIM A PRIZE. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
To enter, participants must complete all of the steps set forth below during the Giveaway Period:
STEP 1: Log into your TikTok account via a web-enabled mobile device [GP3] (if you are not already a member of TikTok, download and install the free TikTok mobile application on your web-enabled mobile device and register for a free TikTok account).
STEP 2: Follow ICC+ on TikTok (@shopincandeescent).
STEP 3: Click on the TikTok post relating to the giveaway (the “Post”), which will be posted on ICC+’s TikTok feed (@shopincandescent).
STEP 4: Comment on ICC+’s listing specified in the Post either telling us why you love fashion or by tagging a friend who would love our style and using that hashtags #thicktok #iccplus #yhzcurvy
Entries or comments cannot be any of the following, all of which shall be determined by the Sponsor in its sole discretion:
o Sexually explicit or suggestive, unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group, profane or describe any dangerous activity.
o Promote alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing), any activities that are unsafe or dangerous, or any particular political agenda or message.
o Obscene or offensive, endorse any form of hate or hate group.
o Defame, misrepresent or contain disparaging remarks about the Sponsor or its products or other people, products or companies.
o Contain trademarks, logos or intellectual property or content owned by 3rd parties or advertise or promote any brand or product of any kind.
o Contain copyrighted materials owned by 3rd parties, unless permission has been obtained to reproduce the materials.
o Refer to the name of any person without permission from that person for you and the Sponsor to reproduce it.
o Reproduce, whether by photograph or any other means, the image of any person without permission for you and the Sponsor to reproduce it.
o Communicate messages inconsistent with the purpose of this Contest.
- PROMOTION CONDITIONS AND PRIZES
The winner(s) will be chosen at random via Incandescent Clothing Company’s social media manager. The winner(s) will be announced on or before August 15, 2020 through the brand’s social media profiles, together with the Certificate of Validity of the giveaway.
The prize will consist of ICC+ product. The prize may not be exchanged for cash or any other prize, nor may it be changed or altered in any way.
Running of the giveaway, as well as awarding of the prize, are subject to current tax regulations.
Prizes: The actual number of prizes awarded is based on the number of eligible entries received. Prizes must be claimed in full. We will draw for one $50 gift card every 100 people who participate in the giveaway. There will be a maximum of 10 winners of the Giveaway who validly enter in accordance with these Rules (each a “Selected Winner”),each of whom will receive $50 ICC+ Gift Card. The Selected Winner[(s)], each a “Winner” or collectively the “Winners”). Total approximate retail value (“ARV”) of all prizes is $500 in ICC+ gift cards.  
Each individual chosen by random draw ("Selected Entrants") will be deemed winners if they meet all of the eligibility criteria set out in these Giveaway Rules. If a Selected Entrant does not meet the eligibility criteria, he/she will be disqualified and will not receive a prize and another entrant will be selected by way of a random draw, in which case all Giveaway Rules will apply to such new Selected Entrant. Before being declared a winner, a Selected Entrant will be required to: (i) correctly answer, without assistance of any kind whether mechanical or otherwise, the Sponsor's time-limited mathematical skill-testing question to be administered during a pre-arranged telephone call; (ii) comply with all Giveaway Rules; and (iii) sign and return or submit, as applicable, a completed copy of the Sponsor’s Release, all in the sole discretion of the Sponsor. If a Selected Entrant: (a) fails to correctly answer the skill-testing question; (b) fails to comply with all Giveaway Rules; (c) fails to sign and return the Sponsor’s Release; and/or (d) cannot accept the prize for any reason; then he/she will be disqualified and will not receive a prize and another entrant will be selected by way of a random draw (in which case all Giveaway Rules will apply to such new Selected Entrant).
The Selected Entrants will be announce on our social media platforms. The winners will be responsible for contacting the company ICC+ by direct message (DM), email (email@example.com) or by phone (902-835-9579) within ten (10) business days of the respective draw date. If a Selected Entrant does not contact ICC+ within ten (10) business days, another Selected Entrant will be chosen by random draw (in which case all Giveaway Rules will apply to such new Selected Entrant). The Sponsor is not responsible for the failure for any reason whatsoever of a Selected Entrant to receive notification by the Sponsor.
EACH SELECTED WINNER MUST PROVIDE ALL TRUE, COMPLETE AND ACCURATE INFORMATION REQUESTED BY THE SPONSOR TO FACILITATE THE PAYMENT OF THE GIFT CARD TO THE WINNER, AND BEARS ALL RESPONSIBILITY IN CONNECTION THEREWITH. IF A SELECTED WINNER DOES NOT PROMPTLY PROVIDE SUFFICIENT INFORMATION TO ENABLE SPONSOR TO DELIVER THE PRIZE TO THE APPLICABLE WINNER OR SUCH WINNER IS OTHERWISE INELIGIBLE, SUCH SELECTED WINNER WILL NOT BE ELIGIBLE TO WIN AND SPONSOR MAY SELECT AN ALTERNATE SELECTED WINNER (AND THUS AN ALTERNATE WINNER). THE SPONSOR EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY ASSOCIATED WITH ITS INABILITY OR FAILURE TO PAY THE WINNER.
- DISQUALIFICATIONS AND PENALTIES
If it becomes evident that any of the Participants have not met the requirements of the Terms and Conditions, or that the data provided for participation is not valid, the participation is considered null and void and the Participant will automatically be excluded from the Promotion, losing all rights to the prize(s) on offer in the Promotion.
- PUBLICATION OF COMMENTS OR OPINIONS
No comments or opinions whose content is considered inappropriate, offensive, insulting or discriminatory, or that could violate the rights of third parties, will be allowed. Nor will comments be permitted against any individual that are an infringement of personal honor, personal and family privacy, or personal image rights. We will not be responsible for any damages caused by comments made by Promotion Participants, or that may at any time offend the sensitivities of other Participants.
- EXCLUSION OF LIABILITY
By way of example, but not limitation, we are not responsible for any losses, theft, delays or any other circumstances attributable to third parties that may affect the progress of this Promotion; nor are we responsible for the use made by the Participant of the prize obtained in the Promotion.
We do not assume responsibility in cases of force majeure or unforeseeable circumstance that may prevent us from carrying out the Promotion or the total or partial enjoyment of the prize.
- PROTECTION AND PERSONAL DATA
- Each winner must complete the Sponsor's Release to: (i) confirm compliance with all Giveaway Rules; (ii) agree to accept the prize as awarded; (iii) release, discharge and hold harmless the Sponsor and participating brokers, and each of their Affiliates, franchisees, advertising and promotional agencies, counsel, marketing partners and each of their and their Affiliates’ respective directors, officers, employees, shareholders, Affiliates, successors, partners, agents, advisors, suppliers, distributors and assignees ("Released Parties") from and against any and all manner of liability, action, cause of action, claim or demand, loss or injury, use or misuse of a prize, suit, debt, covenant, contract, including legal fees and expenses, including but not limited to, claims based on negligence, breach of contract and fundamental breach, failure of any third party contractor or supplier used in connection with any aspect of the Giveaway to perform or deliver any goods or services, any act of God or any other event beyond the Released Parties' control, any dissatisfaction of any kind by a winner with any aspect of the Giveaway or any prize, liability for physical injury, death, or property damage which the entrants, their heirs, successors or assigns have, might have or could have suffered, by reason of or arising out of the entrant's participation in the Giveaway and/or in connection with the acceptance and/or exercise by the entrant of the prizes as awarded; and (iv) indemnify the Released Parties against any loss, damage or expense, including legal fees, that any of the Released Parties may suffer or incur as a result of any non-compliance by an entrant with any of the Giveaway Rules or participation in the Giveaway and/or in connection with the acceptance and/or exercise by an entrant of a prize.
The Sponsor is not responsible for: (i) incorrect or inaccurate entry information which may affect a person's ability to participate in the Giveaway or be awarded a prize, including but not limited to human error, technical malfunctions, lost or delayed entries for any reason, mail failures, omission, or any combination thereof, and entries which fail to fully comply with these Giveaway Rules; (ii) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in telephone lines or network hardware or software; (iii) lost, stolen, incomplete, damaged, delayed, mutilated or misdirected entries or Releases either prior to or after delivery to Sponsor; (iv) injury or damage to the entrant's computer or to any other individual's computer related to or resulting from participating in, or downloading any material regarding the Giveaway or accepting a prize; (v) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant's participation in the Giveaway or receipt or use or misuse of any prize; (vi) the security or privacy of information transmitted via computer networks or for breaches of privacy due to interference by third party computer "hackers" or otherwise; or (vii) late, lost, misdirected or unsuccessful efforts to notify a potential winner.
- CHANGES AND ACCEPTANCE
We reserve the right to modify or expand these Terms and Conditions, as long as they do not harm or impair the rights of Promotion Participants.
By participating in the giveaway, the Participant is, by implication, fully accepting the conditions of these Terms and Conditions. Likewise, participation in a giveaway of this nature implies acceptance of the rules of Instagram, the social network in which the giveaway is to be carried out.
- APPLICABLE LEGISLATION AND JURISDICTION
Publicity: By participating in the Giveaway, entrants expressly consent to the use of their name, comments, city/town and province of residence, Written Submission (if applicable) and image on videotape, photograph or other means in any advertising, marketing or publicity carried out by the Sponsor with respect to this Giveaway, as may be edited or modified by the Sponsor in Sponsor’s sole discretion, without further notice or compensation, and to receive marketing materials via mail or telephone from the Sponsor, its Affiliates or participating brokers. Individuals may subsequently withdraw their consent to receive marketing materials at any time without affecting their odds of winning in the Giveaway.
Law: The Giveaway is void where prohibited by law and subject to all applicable Canadian federal, provincial, municipal and local laws. This Giveaway shall be governed exclusively by the laws of the province of Ontario, including all issues and questions concerning the construction, validity, interpretation and enforceability of these Giveaway Rules, rights and obligations between entrants and the Sponsor, and procedural provisions, without giving effect to any choice of law or conflict of law rules. Any dispute shall be adjudicated by the courts sitting in Bedford, Nova Scotia.
Rule amendments: The Sponsor reserves the right, in its sole discretion, to amend or modify these Giveaway Rules, or modify, cancel or suspend this Giveaway, without prior notice for any reason whatsoever, including without limitation in the event that any cause beyond the reasonable control of the Sponsor corrupts, or threatens to corrupt, the security or proper administration of the Giveaway.
Privacy: By entering this Giveaway, Sponsor may collect entrant’s name, address, telephone number and information necessary to administer entrant’s participation in the Giveaway, for Giveaway promotional purposes, and/or to provide email marketing, and in accordance with Sponsor's privacy statement (available at: https://www.shopincandescent.ca/policies/privacy-policy). The Sponsor, its Affiliates and/or participating brokers may also use entrant’s name, address and telephone number to provide entrant with marketing materials via mail or telephone. Entrants may subsequently withdraw their consent to receive marketing materials at any time without affecting their odds of winning in the Giveaway.
Intellectual Property: All intellectual property, including but not limited to trademarks, logos, designs, promotional materials, web pages, source codes, images, drawings, illustrations, slogans and representations are, unless otherwise indicated, owned by the Sponsor. All rights are reserved. Unauthorized copying or use of any copyrighted material or other intellectual property without the express written consent of the Sponsor is strictly prohibited.
Language Discrepancy: In the event of any conflict, discrepancy or inconsistency between the terms and conditions of this English version of the Giveaway Rules (the "English Rules") and disclosures or other statements contained in any other Giveaway-related materials, including, without limitation, the French version of these Giveaway Rules and/or point of sale, print, online or other advertising, the terms and conditions of these English Rules shall prevail, govern and control.
*The Incandescent Clothing Company, formerly known as La Femme Fatale Plus-Size Clothiers, is a size inclusive woman's clothing brand. They rebranded in 2021 on the anniversary of their 2nd year in business. After the company expanded its size offering to include as many woman as possible, owner Warna Downey felt that the brand needed a new feeling an revitalization to mark this major change. Having women being empowered by clothing no matter the number on the tag has always been the company goal. We feel that the new name and branding embody that concept.