Zales x Kleinfeld Giveaway

Kleinfeld Say Yes Contest
(the “Contest”)





This Contest is in no way sponsored, endorsed or administered by, or associated with, TikTok Inc. (“TikTok”). Furthermore, this Contest is in no way sponsored or administered by Zale Delaware Inc., its parent, subsidiaries, or any affiliates or related entities (collectively “Zales”). By entering this Contest you agree to completely release TikTok and Zales of liability. You understand that you are providing your information to Sponsor (defined below). If you have any questions about this Contest, please contact Sponsor.

  1. Sponsor:

The Contest is sponsored and organized by Kleinfeld Bridal Corp., having its main office at 110 W 20th Street, New York, NY 10011 (“Sponsor”). Sponsor is solely responsible for all aspects of the Contest.

  1. Eligibility/How to Enter the Contest:

These Official Rules for participation (hereinafter, the “Official Rules”) apply to the Contest. Participants are required to have read attentively and to have accepted these Official Rules. Participation in the Contest implies automatic acceptance by the Participant (defined below) of these Official Rules.

This Contest is open only to individuals that (a) have a public TikTok account (“Account”) and comply with and accept TikTok’s Terms of Service and Privacy Policy, (b) comply with all eligibility requirements to enter the Contest, and (c) have agreed to and fully abided by these Official Rules (each eligible individual participating in the Contest is hereinafter referred to as a “Participant” and collectively as the “Participants”). All other individuals are not eligible to enter the Contest or win the Prize (defined below).  You must set your Account settings to allow your personal page, posts and videos to be publicly accessible and to allow Sponsor to contact you through your Account. If you don’t already have a TikTok Account, you must create and register a TikTok Account (creating an Account is free) and sign into your Account to participate in this Contest. By submitting your information and creating an Account, you will be required to agree to the TikTok Terms of Service and Privacy Policy. If you do not agree to TikTok’s Terms of Service and Privacy Policy, you cannot create an Account. Sponsor and the Released Parties (defined below) are not responsible for any changes or unavailability of the TikTok service that may interfere with the Contest (including any limitations, any restrictions, or any conditions on Sponsor’s ability to use TikTok for the Contest as set forth herein that are not acceptable to Sponsor) or ability of Participant to timely enter, receive notices or communicate with Sponsor via TikTok, in which case Sponsor, in its sole discretion, may terminate or modify the Contest, to the fullest extent permitted under law. It is a potential Winner’s responsibility to set his/her Account as applicable, to accept contacts by Sponsor and to timely check such Account for any Sponsor direct messages and announcements.

This Contest is open only to any legal resident of the 50 United States or the District of Columbia who is at least eighteen (18) years of age or the age of majority in their place of residence, whichever is greater, as of the commencement of the Contest Period (defined below).

Directors, executives, employees, contractors or agents (and their immediate families, relatives and household members) of the Sponsor, their parents, affiliates, branches, advertising and promotion agencies or any other company involved in the Contest are not be eligible to win. The determination of participants eligibility at the discretion of the Sponsor will be final.

All applicable federal, state, territorial and local rules apply. Participation constitutes Participant’s full and unconditional agreement to these Official Rules and Sponsor’s decisions.

How to Enter

To participate in the Contest, during the Contest Period (defined below) the Participant must undertake the following actions:

  1. Using your personal public TikTok Account, follow the TikTok account @kleinfeldbridal; and
  2. Using your personal public TikTok Account, publish a TikTok post that shares your personal love and/or proposal story and tag the TikTok account @kleinfeldbridal and include the hashtag #KleinfeldSayYesContest (an “Entry”).     

By successfully completing the above actions including submitting an Entry during the Contest Period (defined below), you are automatically entered to win the Prize (defined below).

There is a limit of (1) one Entry per person (and per TikTok Account) during the Contest Period (defined below). Multiple entries received from any person or Account during the Contest Period will be void (regardless of whether one person has more than (1) one Account, or if more than one person uses the same Account) and that Participant may be disqualified at Sponsor’s sole discretion. If your TikTok Account is set to “private,” your post will not be visible to Sponsor and, therefore, will not be received by Sponsor, resulting in your failure to enter the Contest. Entries generated by script, artificial intelligence, macro or other automated means are void. Sponsor expressly reserves the right to disqualify any entries that it believes in good faith are generated by an automated program, artificial intelligence, or via scripts. Non-winning entries received during the Contest Period will not be entered into subsequent promotions or drawings.

Sponsor, in its sole discretion, may accept a mistyped Entry. Normal Internet access and usage charges imposed by your online service and/or phone service will apply. If you opt to receive Sponsor’s posts, comments or direct messages via your wireless mobile device (which may only be available via participating wireless carriers), standard text messaging rates, airtime and carrier charges will apply for each text message sent or received from your handset according to the terms and conditions of your service agreement with your wireless carrier.

Multiple Participants are not permitted to share the same Account. In the event of a dispute as to any Entry, the authorized account holder of the Account will be deemed to be the Participant. The “authorized account holder” is the natural person who is assigned to the Account. The potential “Winner” (as defined below) may be required to show proof of being the authorized Account holder. If the identity of the person submitting an Entry cannot be resolved to Sponsor’s satisfaction, the affected Entry may be deemed ineligible. Entries by any method other than set forth above are void. Late, illegible, incomplete, defaced or corrupt entries will not be accepted. No responsibility can be accepted for lost entries, entries not submitted or not received due to an error by Participant. Entries must not be sent through agencies or third parties.

The Entry must meet the following “Entry Requirements”: (i) the Entry must be the submitting Participant’s original, previously unpublished work and not include any material owned or controlled by third parties (including without limitation, third-party copyrighted material); (ii) the Participant must provide upon request all appropriate clearances, permissions and releases for the Entry (in the event a Participant cannot provide all required releases, Sponsor reserves the right, in Sponsor’s sole discretion, to disqualify the applicable Entry, or seek to secure the releases and clearances for Sponsor’s benefit, or allow the applicable Entry to remain in the Contest); (iii) the Entry must comply with TikTok’s Terms of Service and Privacy Policy; and (iv) the Entry must not include any content that: (a) is sexually explicit or suggestive, violent or derogatory of any ethnic, racial, gender, religious, professional or age group, profane or pornographic, or describes any materially dangerous activity; (b) promotes illegal drugs or firearms (or the use of any of the foregoing), or any activities that may appear unsafe or dangerous, or any particular political agenda or message; (c) is obscene, lewd, inappropriate, or offensive, or endorses any form of hate or hate group; (d) defames, misrepresents or contains disparaging remarks about Sponsor or its products, or other people, products or companies; (e) contains trademarks or logos owned by others (except trademarks and logos owned by Sponsor), or advertises or promotes any brand or product of any kind (other than those owned by Sponsor); (f) otherwise infringes any third party’s intellectual property or privacy rights, or contains any personal identification, such as license plate numbers, e-mail addresses or street addresses; (g) contains copyrighted materials owned by others; (h) contains materials embodying the names, likenesses, photographs, or other indicia identifying any person, living or dead, without such person’s explicit advance permission; and/or (i) depicts any violation of law, and cannot itself be in violation of any law. Sponsor’s determination as to whether any Entry potentially fails to comply with any of the above requirements or violates the rights of any third party is final. In Sponsor’s sole discretion, any Entry that does not include all required information and does not adhere to the foregoing and following requirements, or is otherwise objectionable, in whole or in part, will be considered void.  Further, no Participant will be eligible to receive a Prize unless Sponsor determines, in its sole and absolute discretion, that such Participant and their Entry have been or can be sufficiently cleared for legal purposes. Sponsor may blur or black out the infringing or inappropriate material, in its sole discretion, for consideration to be featured on Sponsor’s website, social media page(s) or other Sponsor-selected sites and social media accounts. Participants and Winner acknowledge and agree that Sponsor and its agents and designees have the right to edit, adapt, modify, reproduce, promote and otherwise use Entries in any way they see fit.

For purposes of this Contest, only Entries that are recorded through TikTok’s servers will be considered. Other proof of submitting an Entry (such as a printed or copied screenshot or message) does not constitute proof of actual receipt of the Entry for purposes of this Contest.

Entries must be received during the Contest Period to be eligible. No substitutions of new versions of any Entry will be accepted under any circumstances once the original Entry is submitted for consideration.

  1. Selection of the Winner:

At the end of the Contest Period (defined below), Sponsor will judge the eligible Entries and calculate the total score for each of the Participants from the Contest Period (the “Total Score”), based on the following judging criteria/scoring breakdown:

  • 50% of total score: [Adherence to theme of the video: your love and/or proposal story]
  • 50% of total score: [Originality and creativity of the video submitted]

Any dispute regarding the Participant’s Total Score will be determined by Sponsor in its sole discretion.

Sponsor will select the one (1) eligible Participant with the highest Total Score to be the potential winner (the “Winner”) of the Prize (defined below). In the case of a tie for the highest Total Score, the Participant in the tie with the highest creativity score shall win.

The odds of winning the Prize depend on how your Entry compares to the other Entries in light of the judging criteria and the other rules of the Contest.

The Participant selected as the potential Winner must comply with all terms and conditions set forth in these Official Rules, and winning is contingent upon fulfilling all such requirements.

All determinations by Sponsor are final and binding with respect to all matters relating to the Contest.

  1. Conditions of Participation:

Sponsor reserves the right to verify the eligibility of the participation of all Participants. Sponsor reserves the right to disqualify any Participant.

  1. Duration of the Contest:

The Contest starts on March 28, 2023 at 9:00 am Eastern Time (“ET”) and ends on April 11, 2023 at 11:59:59 pm ET (the “Contest Period”). Sponsor is the official timekeeper for the Contest.

  1. Prize:

The Winner of the Contest will receive [one (1) wedding band from the Kleinfeld x Zales collection (exact ring to be selected by the Sponsor) valued up to $2,500, and a $2,500 credit towards a gown at Kleinfeld Bridal] (the “Prize”). The total Prize has an approximate retail value (“ARV”) of $5,000 USD.

The Prize and the redemption thereof are subject to terms and conditions specified by Sponsor. The Prize is awarded “as is” with no warranty or guarantee, either express or implied. The Prize cannot be transferred, substituted or redeemed for cash, or used in conjunction with any other promotion or offer. If the actual value of the Prize turns out to be less than the stated ARV, the difference will not be awarded in cash. Participant understands and acknowledges that any images or other depictions of such Prize (including the ring) in any advertising or promotional materials may not reflect the actual Prize.

If a potential Winner is unable to receive and accept the Prize for any reason, the potential Winner will forfeit the Prize and Sponsor will select an alternative potential Winner in accordance with the selection process above. Should taxes or duties be payable on the Prize, the Winner shall be responsible for completing the declarations required by the relevant authorities and shall ensure that the relevant taxes or duties are duly paid. Prize will be awarded and delivered only to an address within the 50 United States or Washington, D.C. (P.O. Boxes not accepted) as provided to Sponsor, unless the Sponsor, in its sole discretion, awards the Prize in-person to the Winner. If any mail is returned as undeliverable without a forwarding address, then that Prize may be forfeited and an alternate Winner may be selected at Sponsor’s discretion. All Prize details are at Sponsor’s sole discretion. Sponsor does not make any guarantees with respect to the timing of the delivery of the Prize. All taxes on Prize and all costs and expenses related to acceptance and use of the Prize not specified in these Official Rules as being provided are the sole responsibility of Winner. Sponsor reserves the right, in its sole discretion, to substitute and/or modify the Prize with a prize of comparable or greater retail value.

  1. Notification of Winner and Claiming of Prize/Affidavit of Eligibility/Tax Forms:

Sponsor shall select and notify the potential Winner on or about April 18, 2023 via a public message and/or direct message sent to the Winner’s Account on TikTok with a request for their full name, e-mail address, mailing address (U.S. only; no P.O. Boxes), and/or other contact information. To claim the Prize, the potential Winner must respond to the notification from Sponsor (or its affiliated company) within a period of three (3) days from the first notification attempt.  If a potential Winner does not respond within a period of three (3) days from the first notification attempt, or if a notification is returned as unclaimed or undeliverable to such potential Winner, such potential Winner will forfeit the applicable Prize.

Potential Winner may be required to complete an affidavit of eligibility and publicity release (an “Affidavit of Eligibility”) as well as any additional required information, releases or responses, and/or W-9 Forms of the IRS (if required by IRS regulations) or other tax forms prior to the delivery of any Prize. If Sponsor requires Winner to complete an Affidavit of Eligibility, the potential Winner must return the fully executed Affidavit of Eligibility and provide all other requested information and documents (such as state-issued photo identification) to Sponsor within five (5) days following the date of first attempted notification. Failure to comply with this deadline may result in forfeiture of the Prize and selection of an alternate Winner.

If the Winner declines the Prize for any reason prior to award, is found to be ineligible, has not complied with these Official Rules, or cannot be contacted for any reason within a period of three (3) days following the said announcement, or is unable to receive the Prize for any reason whatsoever, the said person shall be disqualified and replaced by another Winner in accordance with the selection process above. Sponsor shall have no liability for any potential Winner notification that is lost, intercepted or not received by a potential Winner for any reason. Sponsor is not responsible for and will not replace any lost or stolen Prize or any Prize that is undeliverable or does not reach the Winner because of incorrect or changed contact information.

The Prize is awarded at the total discretion of Sponsor or of its affiliate companies, and no Prize will be awarded if a Participant has committed, or benefited from, irregular actions for this purpose. The awarding of the Prize may not be contested, and the Prize may not be either exchanged or replaced, except at Sponsor’s sole and absolute discretion.

  1. Grant of Publicity / Licenses and Approvals

By submitting an Entry or otherwise participating in this Contest, Participant grants Sponsor and its parents, affiliates, subsidiaries and advertising and promotion agencies and all of their respective officers, directors, shareholders, partnership, members, principals, employees, agents, contractors, designees, or suppliers, an irrevocable, perpetual, non-exclusive worldwide license to publish, post, display, copy, distribute, transmit, edit, use alone, together or with other works, and otherwise exploit the Entry, Participant’s name, city and state/hometown address, voice, persona, likeness, image, prize information, any statements or quotes attributable to Participant, biographical data and any other indicia of persona in any manner whatsoever throughout the world, and at any time or times, including in connection with the Contest, in any and all forms of media, now known or hereafter discovered, including, but not limited to, on the Internet and within Sponsor’s website and on Sponsor’s social media pages, in perpetuity, without additional compensation, review or approval rights, notification or permission, except where prohibited by law. Participant further agrees to execute any specific consent needed or requested by Sponsor or its designees in furtherance of such use. Participant hereby releases all Released Parties (defined below) from any and all liability related thereto. PARTICIPANT FURTHER ACKNOWLEDGES THAT IF PARTICIPANT IS CHOSEN AS A WINNER, PARTICIPANT’S IDENTIFYING INFORMATION, INCLUDING BUT NOT LIMITED TO PARTICIPANT’S NAME, MAY BE DISCLOSED TO THIRD PARTIES INCLUDING, WITHOUT LIMITATION, BEING PLACED ON A WINNER’S LIST.

  1. General Conditions

Participation in the Contest implies the acceptance by the Participants of the technical vagaries linked to the use of electronic means of communication, including connections to the Internet or mobile telephones. Sponsor and its affiliated companies may not be held responsible in the event of any damage, loss, prejudice or misfortune suffered by any Participant as a consequence of participation in the Contest.

By participating in this Contest, you agree: [a] to be legally bound by these Official Rules and decisions of Sponsor, which shall be final and binding in all respects relating to the Contest; and [b] to release, waive, discharge, indemnify, defend and hold harmless Sponsor, Zales, and each of their respective parents, affiliates, subsidiaries and advertising and promotion agencies and all of their respective officers, directors, shareholders, partnership, members, principals, employees, agents, contractors or suppliers (collectively, “Released Parties”) from any and all injuries, liability, losses and damages of any kind arising out of or related to the participation in the Contest or acceptance, use or misuse of the Prize including, without limitation, personal injury, death and property damage, and claims based on publicity rights, copyright, trademark, defamation or invasion of privacy.

By entering the Contest, you represent and warrant as follows:  [a] the Entry is your own for you to win the Prize and you are eligible to win the Prize; [b] the Entry does not contain any false information and you have not otherwise submitted any false or deceptive information in your participation in the Contest; and [c] you did not violate these Official Rules. Sponsor reserves the right to disqualify (and refuse to accept or remove) any Participant that Sponsor, in its sole discretion, deems to violate these Official Rules. Released Parties are not responsible for and shall not be liable for: [a] electronic, hardware or software program, network, Internet or computer malfunctions, failures, or difficulties of any kind, including without limitation, server malfunction or by any human error which may occur in the processing of any calculations or entries; [b] failed, incomplete, garbled or delayed computer transmissions; [c] late, lost, inaccurate, delayed, stolen, garbled, misdirected, illegible, or incomplete entries or for other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Contest, including, without limitation, errors or difficulties which may occur in connection with the administration of the Contest, the processing of entries, the announcement of the potential Prize winner; or [d] any condition caused by events that may cause the Contest to be disrupted or corrupted. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by you or any other individuals, tampering, hacking, or by any equipment or programming associated with or utilized in the Contest. Released Parties are not responsible for injury or damage to any person or their property related to or resulting from participating in this Contest or otherwise receiving or using the Prize. Persons who tamper with or abuse any aspect of the Contest, who act in an unsportsmanlike or disruptive manner, or who are otherwise in violation of these Official Rules, as solely determined by Sponsor, will be disqualified and all associated entries will be void. Sponsor reserves the right, to the extent permissible under law, in its sole discretion, to cancel, terminate, modify or suspend the Contest or any portion thereof should viruses, bugs or other causes corrupt the administration, security or proper play of the Contest, and limit entries to those submitted prior to the action taken, or to proceed in such a manner as may be deemed fair and equitable by Sponsor in its sole discretion and, if terminated, to award the Prize from all non-suspect, eligible entries received prior to such action or as otherwise deemed fair and appropriate by Sponsor. These Official Rules cannot be modified or amended in any way except in a written document issued in accordance with law by a duly authorized representative of Sponsor. The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.

Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. Sponsor’s decisions will be final in all matters relating to the Contest, and Sponsor reserves the right to restrict or void online Entries or participation from any IP address if any suspicious Entry and/or participation is detected. Sponsor reserves the right, in its sole discretion, to void Entries of any Participants who Sponsor believes has attempted to tamper with or impair the administration, security, fairness or proper play of the Contest. In the event there is an alleged or actual ambiguity, discrepancy or inconsistency between disclosures or other statements contained in any Contest-related materials and/or these Official Rules (including any alleged discrepancy or inconsistency in these Official Rules), it will be resolved in Sponsor’s sole discretion. Participants waive any right to claim ambiguity in the Contest or these Official Rules. If Sponsor determines at any time in its sole discretion that Participant is disqualified, ineligible, or in violation of these Official Rules, or engaging in behavior that Sponsor deems obnoxious, inappropriate, threatening, illegal or that is intended to annoy, abuse, threaten or harass any other person, Sponsor reserves the right in its sole discretion to select an alternate winner. CAUTION: ANY ATTEMPT TO DAMAGE ANY ONLINE SERVICE OR WEB SITE OR UNDERMINE THE LEGITIMATE OPERATIONS OF THE CONTEST VIOLATES CRIMINAL AND CIVIL LAWS. IF SUCH AN ATTEMPT IS MADE, SPONSOR MAY SEEK DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW AND MAY DISQUALIFY ANY PARTICIPANT MAKING SUCH ATTEMPT.

Except where prohibited, Participant agrees that: (1) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred in entering this Contest, and in no event will Participant be entitled to obtain attorneys’ fees or other legal costs; (2) Participant’s remedies are limited to a claim for money damages (if any) and Participant irrevocably waives any right to seek injunctive or equitable relief; and (3) under no circumstances will Participant be permitted to obtain awards for, and Participant hereby waives all rights to claim, indirect, special, punitive, incidental and consequential damages and any other damages, except as expressly provided above, and any and all rights to have damages multiplied or otherwise increased.  SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.

IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE ANY AND ALL RIGHTS UNDER SECTION 1542 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA, 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.” You expressly waive and release any right or benefit which you have or may have under Section 1542 of the Civil Code of the State of California, to the full extent that you may waive all such rights and benefits pertaining to the matters released here. In connection with such waiver and relinquishment, you acknowledge that you are aware that you may hereafter discover claims presently unknown or unsuspected, or facts in addition to or different from those which you now know or believe to be true, with respect to the matters released herein; nevertheless, it is your intention through this release to fully and finally and forever settle and release all such matters and claims relative thereto, which do not exist, may exist or heretofore have existed between yourself and the Sponsor related to the Contest. The release herein given shall be and remain in effect as a full and complete release of such claims and matters notwithstanding the discovery or existence of any such additional or different claims or facts relative thereto. As a condition of entering the Contest, without limiting any other provision in these Official Rules, each Participant gives consent for Sponsor and its agents to obtain and deliver his or her name, address and other information to third parties for the purpose of administering this Contest and complying with applicable laws, regulations, and rules. Such third parties may use your information for their own independent purposes in accordance with their own independent privacy practices. Information collected from Participants is subject to the Sponsor’s Privacy Policy, located at <>.

Without limiting any other provision in these Official Rules, Released Parties are not responsible or liable to any Participant, potential Winner, or Winner or any person claiming through such Participant, potential Winner, or Winner for failure to supply the Prize or any part thereof in the event that any of the Contest activities or the Released Parties’ operations or activities are affected, as determined by the Sponsor in its sole discretion, including, without limitation, by reason of any acts of God, any action, regulation, equipment failure, threatened terrorist acts, terrorist acts, air raid, blackout, act of public enemy, earthquake, war, fire, flood, pandemic, epidemic, virus, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike labor or material shortage, transportation interruption of any kind, civil disturbance, insurrection, riot, or any law, rule, regulation, order or other action adopted or taken by any governmental, federal, state or local government authority, or any other cause, whether or not specifically mentioned above.

  1. Governing Law/Jurisdiction: Subject only to the following paragraph, the Contest and these Official Rules, including, but not limited to, all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of you, other entrants or participants, the potential winner, winner, the Sponsor, shall be exclusively governed by and construed in accordance with the laws of the State of New York, U.S.A. without giving effect to any choice of law or conflict of law rules (whether of the State of New York or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York. Subject only to the following paragraph, any and all disputes, claims and causes of action arising out of or connected with this Contest or any prize awarded or not awarded shall be resolved individually, without resort to any form of class action, and exclusively by the Courts located in New York County, New York.
  1. Winner’s List/Official Rules: To obtain any legally-required winner’s list (after the conclusion of the Contest) or a copy of these Official Rules, send a hand-written request, enclosed with a self-addressed envelope with the proper postage affixed, to: Kleinfeld Bridal Corp., Attn: Jennette Kruszka, 110 W 20th Street, New York, NY 10011 (VT residents may omit return postage). The request must be received within six months after the conclusion of the Contest Period.

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