1. SPONSOR: The Promotion is sponsored by Zale Delaware, Inc., 375 Ghent Road, Akron, OH 44333 (the “Sponsor”).
2. ELIGIBILITY: The Banter Lab-Created Diamonds 2024 Giveaway (the “Promotion”) is open only to legal residents of the fifty (50) United States and the District of Columbia who are eighteen (18) years of age or older as of the Promotion start date. The Promotion is subject to all applicable federal, state, and local laws and regulations of the fifty (50) United States and the District of Columbia and is subject to change without notice in order to comply with them. This Promotion is void in Puerto Rico, all United States territories and possessions, and where prohibited. Employees, officers, and directors, and their immediate families (spouses, parents, children and each of their respective spouses, and siblings) regardless of where they live, and members of their households (whether or not related) of the Promotion Entities (as defined below) and their respective parent companies, subsidiaries, and affiliates, and their advertising and promotion agencies, or any entities engaged in the development, distribution, implementation or administration of the Promotion, including third party fulfillment agencies and all local or prizing sponsors are not eligible to enter or win. Sponsor reserves the right to verify eligibility at any time.
   
   If you are entering the Promotion from a mobile device, you may be required to turn on location services on your mobile device. Message and data rates may apply. All charges are billed by and payable to your mobile service provider. Sponsor does not charge for receiving text messages
3. AGREEMENT TO OFFICIAL RULES: Participation in the Promotion constitutes entrant’s full and unconditional agreement to and acceptance of these Official Rules and the decisions of the Sponsor, which are final and binding. Winning a prize is contingent upon fulfilling all requirements set forth herein. These Official Rules are also available on https://www.banter.com/april-2024-sweepstakes (the “Website”).
4. ENTRY PERIOD: The Promotion begins at 9:00:00 a.m. Eastern Time (“ET”) on April 1, 2024 and ends at 11:59:00 p.m. ET on April 5, 2024 (the “Promotion Period”). Sponsor’s clock shall be the official clock of the Promotion. Sponsor reserves the right to terminate the Promotion at any time with or without notice to eligible entrants. All entries must be received during the Promotion Period to be valid and eligible for the Promotion.
5. HOW TO ENTER: NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING. During the Promotion Period, eligible entrants may enter the Promotion via the method described below:
   1. On Instagram: During the Promotion Period, Banter will post a Promotion call-to-action Post on the Instagram® Platform via the @Banterbypiercingpagoda Instagram account (“Instagram Post”). To enter, you must: (i) follow @Banterbypiercingpagoda; (ii) like the Instagram Post; and (iii) post one (1) comment in response to the Instagram Post, which tags three (3) friends and includes the #BanterGiveaway hashtag in the comment (each an “Entry”). You cannot tag yourself and you cannot tag the same friend in multiple comments. You must have an Instagram account to enter. If you do not have an Instagram account, you can create one by visiting www.Instagram.com or via the Instagram app. Instagram accounts are free. By submitting your information and creating an Instagram account, you agree to Instagram’s Terms of Use and Privacy Notice. If you do not agree to such Terms of Use and Privacy Notice, you cannot create an Instagram account, or participate in this Promotion. Additionally, your account must be set to public.
   Incorrect or incomplete Entries are void and will not be eligible. There is a limit of two (2) Entries (one Entry and one Bonus Entry) per eligible person during the Promotion Period. If more than two (2) Entries by the same entrant are received during the Promotion Period, only the first two (2) Entries will be accepted and additional Entries will be disqualified. Multiple entrants are not permitted to share the same email address, or Instagram account. Any attempt by you to obtain more than two (2) Entries by using multiple/different email addresses, Instagram accounts, identities, registrations or logins, or any other methods may void your Entries and you may be disqualified from the Promotion. Any use of robotic, repetitive, automatic, programmed or similar entry methods or agents (including, but not limited to, sweepstakes or contest entry services) will void all Entries by you. In the event of a dispute as to any online Entry or prospective Prize Winner, the authorized account holder of the email address that matches the Instagram account used to enter will be deemed to be the entrant and such individual must comply with these Official Rules. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Potential Prize Winner may be required to show proof of being the authorized account holders.
   
   The Entry may not contain obscene, profane, lewd, defamatory or inappropriate text and may not include reference to nudity, acts of violence, acts that appear to cause injury or harm, or acts that are illegal or dangerous, as determined in Sponsor’s sole discretion. Entries must be in keeping with Sponsor’s image, or they will be disqualified. Inappropriate text in the Entry may result in the Entry being disqualified at the sole discretion of Sponsor. Entries should not contain brand names (other than Banter) or other personal or proprietary materials of any entity or person. Sponsor will not verify receipt of Entries.
6. ENTRANT’S WARRANTIES AND REPRESENTATIONS: By submitting an Entry, each entrant warrants and represents that the Entry: (a) is original to the entrant; (b) does not infringe the intellectual property, privacy, publicity, or any other rights of any third party (including, but not limited to, by sharing any identifying information of a third party or portrayal in a false light); and (c) does not violate any law or regulation. Entrants acknowledge and agree to the terms in these Official Rules, including all eligibility requirements. To be valid, each Entry must follow the directions in Section 5.
7. PRIZE: The Prize Winner will receive the following (the “Prize”): one (1) pair of 10K Gold 1/2 CT. T.W. Lab-Created Diamond Studs (approximate retail value (“ARV”) $550), and one 10K Gold 1 CT. T.W. Lab-Created Diamond Tennis Bracelet (ARV $1,325). ARV of all Prizes in this Promotion: $1,875.00 USD. Prize is awarded on an “as is” basis and cannot be transferred or redeemed for cash. Prize will not be replaced if lost or stolen.
   
   The specifics of all aforementioned elements of the Prize in the Promotion shall be solely determined by Sponsor. All costs, taxes (including federal, state and local taxes), fees, and expenses associated with the Prize, or any element of the Prize not specifically addressed above, are the sole responsibility of the Prize Winner. Prizes may be reported as income and Prize Winner may be issued an IRS 1099 tax form for the actual value of the Prize. Prize cannot be transferred or substituted except at Sponsor’s sole discretion. Sponsor reserves the right to substitute the Prize, or portions thereof, with a prize of equal or greater value. The potential winner acknowledges that Sponsor has not made nor is 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 but not limited to its quality, mechanical condition or fitness for a particular purpose.
8. HOW WINNER WILL BE DETERMINED; ODDS OF WINNING: One (1) prize winner will be determined from the eligible Entries received during the Promotion Period. The prospective Prize Winner will be selected in a random drawing on or about April 11, 2024 and will be contacted by Instagram direct message on or about three (3) business days following the drawing (“Prize Notification”). Sponsor’s decisions with respect to the Prize Winner, these Official Rules, and all other matters pertaining to the Promotion shall be final and binding. The prospective Prize Winner will be required to sign tax documentation (if applicable), an affidavit of eligibility and release of liability and publicity (where permitted), and return same, properly executed, to Sponsor within five (5) days of issuance of Prize Notification. If Sponsor is unable to contact the prospective Prize Winner within three (3) days from first notification attempt, if the prospective Prize Winner fails to complete and return all requested forms by the specified date, if the prospective Prize Winner does not pass Sponsor’s background check (in its sole discretion and as applicable), or if the prospective Prize Winner fails to comply with any of the requirements, his/her/their Prize will be forfeited and an alternate prospective Prize Winner may be selected. Upon Sponsor’s receipt of a prospective Prize Winner’s properly executed affidavit and verification of eligibility, Sponsor will confirm the entrant as the official “Prize Winner” and send the Prize to the Prize Winner’s home address within six (6) to eight (8) weeks. Only three (3) alternate drawings will be held, after which the Prize will remain un-awarded. The odds of winning depend upon the number of eligible entries received.
9. Conditions of Entry: Entry materials that have been tampered with or altered are void. If in the Sponsor’s opinion there is any suspected or actual evidence of electronic or non-electronic tampering with any portion of the Promotion, or if a computer virus, bugs, unauthorized intervention, fraud, or technical difficulties or failures compromise or corrupt or affect the administration, integrity, security, fairness, or proper conduct of the Promotion, the Sponsor reserves the right at its sole discretion to disqualify any individual who tampers with the entry process and void any Entries submitted fraudulently, to modify, suspend, or terminate the Promotion, or to conduct a random drawing to award the Prize using all eligible, non-suspect Entries received as of the termination date or as otherwise deemed fair and appropriate by Sponsor, at any time with or without notice to eligible entrants. Should the Promotion be terminated prior to the stated expiration date, Sponsor shall take all reasonable measures to post a notice on the Website. Failure by the Sponsor to enforce any provision of these Official Rules shall not constitute a waiver of that provision. CAUTION: ANY ATTEMPT BY YOU TO DELIBERATELY DAMAGE THE WEBSITE, INSTAGRAM, OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEYS’ FEES) FROM YOU TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
10. Limitations of Liability: Sponsor, Meta Platforms, Inc., and other participating entities (collectively with Sponsor, the “Promotion Entities”), their respective affiliates, subsidiaries, parent, advertising and promotion agencies, prize suppliers, local sponsors, and their respective officers, directors, shareholders, employees and agents, and any and all Internet servers and access provider(s) (collectively, “Released Parties”) are not responsible for: any incorrect or inaccurate Entry information; human error; technical malfunctions; failures, omissions, interruption, deletion, or defect of any telephone network, computer online systems, computer equipment, server providers, or software, including any injury or damage to your or any other person’s computer relating to or resulting from participation in this Promotion; inability to access the Website or Instagram; theft, tampering, destruction, or unauthorized access to, or alteration of Entries; transactions that are processed late or incorrectly or are incomplete or lost due to computer or electronic malfunction or traffic congestion on the Internet or at any web site; printing or human or other errors; and any Entries which are late, lost, incomplete, misdirected, stolen, mutilated, illegible, postage due, or any combination thereof. Online submission is not considered proof of delivery or receipt. Upon submission, all Entries become the property of Sponsor and will not be returned. By entering, you agree to release, discharge, indemnify and hold harmless the Released Parties from and against all claims and damages or liability arising in connection with your participation and/or Entry in the Promotion and/or your receipt or use of any Prize awarded in this Promotion or due to any injuries, damages or losses to any person (including death) or property of any kind resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of any Prize or participation in any Promotion-related activity or participation in this Promotion, including any claims for violations of privacy rights, publicity rights, or other intellectual property rights. Any and all warranties and guarantees are subject to the respective manufacturer’s terms. If by reason of a printing or other error, more prizes are claimed than the number set forth in these rules, all persons making purportedly valid claims will be included in a random drawing to award the advertised number of prizes available in the prize category in question. No more than the advertised number of prizes will be awarded. You further understand and agree that all rights under Section 1542 of the Civil Code of California (“Section 1542”) and any similar law of any state or territory of the United States that may be applicable with respect to the foregoing release are hereby expressly and forever waived. You acknowledge that Section 1542 provides that: “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 MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” The releases hereunder are intended to apply to all claims not known or suspected to exist with the intent of waiving the effect of laws requiring the intent to release future unknown claims.
11. Privacy: In connection with the Promotion, Sponsor and/or Promotion Entities may be collecting personal data about entrants on the Website in accordance with Sponsor’s privacy policy. Please review Sponsor’s privacy policy located at https://www.banter.com/privacy-policy. By participating in the Promotion, you hereby agree to Sponsor’s and/or Promotion Entities’ collection and usage of your personal information and acknowledge that you have read and accepted Sponsor’s privacy policy.
12. Publicity AND RIGHTS Grant: Except where prohibited by law, participation in the Promotion constitutes your consent to Sponsor’s use of your name, photograph, likeness, statements, biographical information, voice, Entry (including photos or other intellectual property or content you submit), and state of residence for promotional purposes in any and all media (including on the Website or Sponsor-affiliated social media pages), now or hereafter devised, worldwide in perpetuity, without further payment or consideration, notification or permission. By submitting an Entry, entrants agree not to instigate, support, maintain, or authorize any action, claim, or lawsuit against the Sponsor on the grounds that any use of the Entry infringes any of the entrant’s rights as creator of the Entry, including, without limitation, copyrights, trademark rights, and moral rights. Sponsor and its designees shall have the right to edit, publish and use the Entries in any way and in any media for trade, advertising, promotional, and/or other purposes as Sponsor and/or its designees may determine.
13. Disputes/Governing Law: All issues and questions concerning the construction, validity, interpretation and enforceability of these rules, or the rights and obligations of any entrant or the Promotion Entities in connection with the Promotion, shall be governed by and construed in accordance with the laws of the State of Ohio without giving effect to any choice of law or conflict of law rules or provisions which would cause the application or the laws of any jurisdiction other than the State of Ohio. As a condition of participating in this Promotion, each Entrant agrees that any and all disputes that cannot be resolved between the parties and causes of action arising out of or connected with this Promotion, shall be resolved individually, without resort to any form of class action, exclusively in the federal or state courts sitting in the State of Ohio. You expressly consent to the jurisdiction of and venue in such courts and waive all defenses of lack of jurisdiction and inconvenient forum with respect to such courts, and expressly agree that all disputes, claims, and causes of action arising out of or in connection with this Promotion, shall be resolved individually, without resort to any form of class action. You agree to service of process by mail or other method acceptable under the laws of the State of Ohio. ANY CLAIMS, JUDGMENTS AND/OR AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS ASSOCIATED WITH ENTERING THIS PROMOTION. YOU HEREBY WAIVE ANY RIGHTS OR CLAIMS TO ATTORNEYS’ FEES, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ENTRANT, IDENTIFIABLE PERSONS, OR THIRD-PARTY PARTICIPANTS, WHETHER FORESEEABLE OR NOT AND WHETHER BASED ON NEGLIGENCE OR OTHERWISE. ENTRANT FURTHER WAIVES ALL RIGHTS TO HAVE DAMAGES MULTIPLIED OR INCREASED.
14. Severability: If any provision of these Official Rules shall be held invalid, illegal, or unenforceable, such provision shall be enforced to the maximum extent permitted by law and the Sponsor’s fundamental intentions hereunder, and the remaining provisions shall not be affected or impaired, provided, however, that in such cases the parties oblige themselves to use their best efforts to achieve the purpose of the invalid provision by a new legally valid stipulation.
15. Winners List: To obtain the names of the Prize Winner, send a self‐addressed, stamped envelope by October 5, 2024 to:

    Zale Delaware, Inc.
    C/O Legal Department
    ATTN: Banter Lab Created Diamonds 2024 Giveaway – Winner List
    375 Ghent Rd.
    Akron, OH 44333

16. Trademark Attribution: The BANTER and INSTAGRAM trademarks are trademarks of their respective owners.

Consumer Disclosure: You have not yet won this prize. THERE IS NO PURCHASE OR PAYMENT NECESSARY TO WIN. One (1) Prize will be awarded, with a total approximate retail value of all prizes being $1,875. Odds of winning are dependent upon the number of eligible Entries received. Promotion is sponsored by Zale Delaware, Inc., 375 Ghent Rd., Akron, OH 44333. Restrictions apply. Promotion is limited to 2 Entries per person. This Promotion is limited to legal residents of the fifty (50) United States (including the District of Columbia), who are 18 years of age or older as of the Promotion start date. Void in Puerto Rico, all United States territories and possessions, and where prohibited. Employees of Zale Delaware, Inc., and its subsidiaries, affiliates, advertising agencies, Administrator, and their spouses, siblings, parents, children, grandparents, and grandchildren, whether as “in-laws,” or by current or past marriage(s), remarriage(s), adoption, co-habitation or other family extension, and any other persons residing at the same household whether or not related are not eligible. Promotion begins at 9:00:00 a.m. Eastern Time (“ET”) on April 1, 2024 and ends at 11:59:00 p.m. ET on April 5, 2024.

This Promotion is in no way sponsored, endorsed, administered by, or associated with Instagram. You understand that BY ENTERING THIS GIVEAWAY you are providing your information to the Sponsor and not to Instagram.

The Promotion and all accompanying materials are © 2024 Zale Delaware, Inc.