BIG DAY GIVEAWAY SWEEPSTAKES
OFFICIAL RULES (the “Rules”)
NO PURCHASE OR PAYMENT IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING. VOID WHERE PROHIBITED BY LAW.
This promotion is a sweepstakes (the “Promotion”) offered by TOMS.com, LLC (“Sponsor”), along with Bombas, LLC, ShopSucculents.com, OneHope, Inc. and Lyft, Inc. (individually and collectively, “Co-Promoter”). These Rules govern the Promotion and they constitute an agreement between Sponsor, Co-Promoter and any person who acts to enter or participate in the Promotion or otherwise assents to these Rules (“you,” “your,” etc.). Such action or other assent constitutes your agreement to these Rules. By participating, you agree to be and unconditionally bound by these Rules, and you represent and warrant that you meet the eligibility requirements set forth herein. Further, you agree to accept the decisions of Sponsor as final and binding as it relates to the Promotion.
Participation in the Promotion is only open to persons who sign up at the online sweepstakes page of Sponsor and who, at the time of entering (a) are eighteen (18) years of age and (b) are legal residents of the United States of America. Employees of Sponsor or Co-Promoter, or their respective Affiliates (defined below), advertising agencies, promotional agencies or suppliers, however, are not eligible to participate in the Promotion; nor are any immediate family members (mother, father, brother, sister, son, daughter, or spouse) of any such employee nor any person residing in the same household as any such employee. The Promotion is subject to all applicable laws and regulations. Notwithstanding any other terms of these Rules, this Promotion is VOID WHERE PROHIBITED BY LAW.
2. HOW TO ENTER
Entries will be accepted online beginning at 12:00 a.m. Pacific Time on May 7, 2018 and ending at 11:59 p.m. Pacific Time on May 21, 2018 (the “Promotion Period”). All entries must be received by 11:59 p.m. Pacific Time on May 21, 2018.
To enter: You must sign up online at: https://www.toms.com/big-day-giveaway
The Promotion may only be entered by submitting an entry using the online form provided by Sponsor. The entry must fulfill all Promotion requirements, as specified, to be eligible to win a prize. Entries that are not complete or do not adhere to the Rules or other specifications of Sponsor may be disqualified at the sole discretion of Sponsor. You may not enter the Promotion more times than indicated in the Rules, including through the use of multiple email addresses, identities or devices. If you attempt to circumvent the Rules, including through the use of fraudulent methods, your submission may be removed from eligibility at the sole discretion of Sponsor.
Please see Sponsor’s Privacy Statement (located at https://www.toms.com/privacy-policy) for details of Sponsor’s use of personal information collected in connection with this Promotion. These Rules govern any conflict, however, between the terms of such Privacy Statement and these Rules. Without limiting the foregoing, by entering the Promotion you acknowledge and agree that Sponsor will share personal information collected in connection with the Promotion with Co-Promoter and further agree that Sponsor, Co-Promoter and their respective Affiliates may send you email newsletters and/or notifications. You may opt out of receiving these notifications at any time by following the directions in the applicable newsletter or email. If you choose to do so, you will need to opt out from receiving notifications from Sponsor and each Co-Promoter separately.
Costs associated with entering the Promotion (if any) are your responsibility and are dependent on the internet service provider, telecommunications provider or other third party used to enter the Promotion. Please note that there is no charge for requiring entry in this manner, as free Internet access is available at many public libraries and similar locations.
LIMIT: One (1) entry per person. However, entrants
There is one (1) winner (the “Winner”), who will win a prize consisting of (i) a $1,000 TOMS.com gift card provided by Sponsor, (ii) a $500 Bombas gift card provided by Bombas, LLC, (iii) a $750 ShopSucculents.com gift card provided by ShopSucculents.com, (iv) sixty (60) $25 Lyft coupons, and (v) a gift box with water bottle (excluding alcohol) for each bridal party member (up to 15 gift boxes) as provided by OneHope, Inc. The approximate retail value (“ARV”) of the prize is up to $4,980 USD.
You are not guaranteed to win a prize and your chance of winning is dependent on the total number of eligible entries received.
All federal, state and local taxes and all costs and expenses associated with prize acceptance and use not specified herein as being provided are the sole responsibility of the Winner.Prizes are awarded “as is” with no warranty or guarantee, either express or implied by Sponsor or any of its Affiliates.Sponsor and each Co-Promoter are each individually responsible for supplying the applicable prize identified as being provided above and neither Sponsor nor any Co-Promoter shall have any obligation or responsibility for any prizes not expressly identified as being provided by such person in these Rules. Winner may not substitute, assign or transfer a prize or redeem a prize for cash, but Sponsor of Co-Promoter, as applicable, reserves the right, at its sole discretion, to substitute a prize (or portion thereof) with one of comparable or greater value.All prize details are at Sponsor’s sole discretion and the specifics of prizes shall be solely determined by Sponsor or Co-Promoter, as applicable.
Acceptance of a prize constitutes permission for Sponsor, Co-Promoter and their respective Affiliates to use winner’s name, likeness and entry for purposes of advertising and trade without further compensation, unless prohibited by law.
4. DRAWING AND NOTIFICATION OF WINNER & REQUIREMENTS
This Promotion is a sweepstakes (i.e., game of chance) and skill plays no part in the determination of the winner.
The Winner of the Promotion will be selected in a random drawing by or under the supervision of Sponsor from all eligible entries. The Winner will be notified by Sponsor or its designee via the email address provided with entry within five (5) days following the winner selection. Sponsor shall have no liability for a winner’s failure to receive notices due to spam, junk email or other security settings or for otherwise non-functioning contact information.
If the potential winner cannot be contacted within two (2) days from the date Sponsor first emails the potential winner, or if a prize notification is returned or reported as undeliverable, or if the potential winner (whether or not contacted) is deemed to be ineligible or disqualified (which shall be in the Sponsor’s sole discretion) or fails to timely return a completed and executed Affidavit of Eligibility and Release of Liability as required by the Rules, then the potential winner forfeits all rights to win the Promotion or receive a prize and will be deemed disqualified. In such case another potential winner will be selected for the prize at issue. This process may be repeated until the prize has been awarded and delivered, upon which event such potential winner will be declared the Winner of the Promotion. All findings, determinations and decisions of the Sponsor may be made in the Sponsor’s sole discretion and are final and binding in all matters relating to this Promotion and in all respects. The receipt by a potential winner of the prize offered in this Promotion is conditioned upon compliance with any and all federal, state and local laws and regulations. ANY VIOLATION OF THESE RULES BY ANY WINNER (AT SPONSOR’S SOLE DISCRETION) WILL RESULT IN SUCH WINNER’S DISQUALIFICATION AS WINNER OF THE PROMOTION AND ALL PRIVILEGES AS WINNER WILL BE IMMEDIATELY TERMINATED.
As a condition to receiving a prize, the potential winner will be required to sign and deliver to Sponsor an Affidavit of Eligibility and Release of Liability. Further, depending on the ARV of the prize, the potential winner may be required to provide Sponsor with their tax identification number and must do so if requested. Sponsor is required to declare the ARV of prizes to the Internal Revenue Service and provide the name and tax identification number of the Winner.
5. RELEASE AND CONSENT; LICENSE
By participating in this Promotion, each entrant agrees to release Sponsor and the other Released Parties from any and all liability, claims, injuries, losses, harm or damages of any kind caused by, resulting from or otherwise arising in connection with this Promotion, participation in this Promotion, the operation, administration, change or cancellation of the Promotion or any acceptance, use, misuse or consequence of any prize. As used in these Rules, “Released Party(ies)” means and includes, Sponsor and its Affiliates, Sponsor’s marketing partners, co-sponsors (if any), suppliers and advertising and/or promotion agencies, any person or entity providing, supplying, fulfilling, delivering or honoring any prize, and any of the Affiliates, contractors, licensors, suppliers owners, directors, officers, stockholders, partners, licensees, consultants, employees, agents, successors, assigns, of any of the foregoing, past and present. Any recourse you have regarding any such liability, claims, injuries, losses, harm or damages is limited solely and exclusively to the Sponsor and not to any other Released Party nor to any other person or entity. For purposes of these Rules, an “Affiliate” of an entity, association, business or other specified person is an entity, association, business or person that directly, or indirectly through one or more intermediaries, controls, or is controlled by, or is under common control with, such specified entity, association, business or person.
In addition to Sponsor, any Released Party may enforce any provision of these Rules that specifically addresses a Released Party and, according to its express terms, represents an actual or potential protection or benefit for the Released Party.
Except where prohibited by law, by entering the Promotion, you understand and consent, without any further notice, review or approval, to Sponsor’s and Co-Promoter’s, and their respective designees’ and Affiliates’, use, publication, broadcast, website or social media posting and other distribution or dissemination of your picture, name, voice, likeness, biographical information and/or statements for legal, informational, editorial, promotional, advertising and/or publicity purposes in any media, worldwide, without limit and without further compensation.
6. DISCLAIMERS, NOTICES AND INDEMNIFICATION
To the extent permitted by law, Sponsor is not responsible for (i) entries that (for whatever reason and whoever’s fault – unless done fraudulently by Sponsor) are incomplete, lost, damaged, destroyed or unintelligible; (ii) telephone, technical, network, online, electronic, computer hardware or software failures of any kind; (iii) incomplete, garbled or delayed Internet/e-mail computer transmissions on account of operator error, technical problems, traffic congestion on the Internet, congestion or problems regarding any Web site, or any combination thereof; (iv) any condition caused by events beyond Sponsor’s control which disrupts or interferes with the Promotion; or (v) any injury, loss, damage or liability of any kind arising out of or relating to your participation in the Promotion or the delivery, transfer, receipt, acceptance, possession, use or disposition of a prize (or any substitution), including without limitation any injury, loss, or damage to your or any other person's computer or property relating to or resulting from participation in, or downloading or viewing any materials in connection with, this Promotion.
Sponsor reserves the right at its sole discretion (i) to modify, postpone, defer or cancel the Promotion at any time and with or without notice, (ii) to disqualify any individual that tampers or attempts to tamper with the entry process or Sponsor’s website, violates these Rules, or acts in an inappropriate or disruptive manner, or with intent to annoy, abuse, threaten or harass any person, or (iii) to verify the validity of entries and your identity, age and place of residence.
NEITHER SPONSOR NOR CO-PROMOTER MAKES ANY WARRANTIES, REPRESENTATIONS OR GUARANTEES, EXPRESS OR IMPLIED, IN FACT OR IN LAW, WITH REGARD TO THIS PROMOTION OR THE MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE REGARDING ANY PRIZE (OR ANY SUBSTITUTION) OR ANY COMPONENT OF ANY PRIZE (OR ANY SUBSTITUTION). ANY ATTEMPT BY YOU OR ANY PERSON TO DELIBERATELY DAMAGE A WEBSITE OR PROMOTION-RELATED MECHANISM OR PROCESS OR TO UNDERMINE THE LEGITIMATE OPERATION OF THIS PROMOTION MAY BE A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING WITHOUT LIMITATION ATTORNEYS' FEES) FROM ANY ENTRANT OR OTHER PERSON TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
Any and all claims, judgments, and awards shall, in addition to any limits and exclusions provided for elsewhere in these Rules, be limited to actual out-of-pocket costs incurred, but in no event attorneys’ fees or litigation, arbitration or mediation costs or expenses of any kind. TO THE EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES WILL SPONSOR OR ANY OTHER RELEASED PARTY BE LIABLE FOR ANY DAMAGES THAT IN THE AGGREGATE (REGARDLESS OF THE NUMBER OF CLAIMS OR CLAIMANTS, AND REGARDLESS OF THE TIMING OF CLAIMS) EXCEED FIVE HUNDRED DOLLARS ($500), NOR FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR PUNITIVE DAMAGES, THE FOREGOING EXCLUSIONS AND LIMITATIONS SHALL APPLY REGARDLESS OF THE BASIS OF, OR THEORY OF RELIEF REGARDING, ANY CLAIM OR ACTION (INCLUDING, WITHOUT LIMITATION, ANY FORM OF NEGLIGENCE OR STATUTORY OR REGULATORY VIOLATION) AND REGARDLESS OF WHETHER SPONSOR OR ANY OTHER RELEASED PARTY WAS AWARE OR NOTIFIED OF THE HARM, DAMAGE OR LOSS SUFFERED OR ALLEGED.
By participating in the Promotion, each entrant agrees to indemnify and hold harmless Sponsor and all Released Parties from and against any and all injuries, losses, damages, claims and actions of any kind arising from or relating to participation in the Promotion, or acceptance, possession, use, misuse or nonuse of any prize that may be awarded, including, without limitation, actual, direct, indirect, consequential, punitive, special, or other damages. By accepting a prize, each winner further releases the Sponsor and all Released Parties from any and all claims, liability, loss or damage arising out of or in connection with the awarding, receipt, possession and/or use or misuse of any prize or participation in any prize-related activity.
The protections and benefits of this Section 6 shall be construed as also applying for the protection and benefit not only of Sponsor but of all Released Parties as well.
7. APPLICABLE LAW AND VENUE
This Promotion will be governed by California law and is subject to all applicable laws and regulations. Any and all disputes regarding the Promotion or these Rules will be settled by final and binding arbitration in Los Angeles, California, pursuant to the rules and procedures of the American Arbitration Association. No claim made in connection with this Promotion may be joined with another dispute or lawsuit, or consolidated with the arbitration of another claim, or resolved on behalf of similarly situated persons, or brought as private attorney general or on another similar representative basis. For any claims subject to arbitration, you may not participate in a class action in court or in a class-wide arbitration, either as a plaintiff or claimant, class representative or class member. Should there be a conflict between the laws of the State of California and any other laws, the conflict will be resolved in favor of the laws of the State of California.
The identity of the winner will be published approximately one (1) week after the winner has been finally declared and the prize (or any part thereof) has been finally awarded. Such publication will be posted to https://www.toms.com/sweepstakes-winner or such other Web locations of Sponsor’s as may be deemed appropriate by Sponsor, and shall remain on such website for at least one (1) month.
Subject to the license in Section 5 above, all entries, submissions, information, materials and content, and any prize claims, become the property of Sponsor upon submission or delivery and will not be returned. Subject to the license in Section 5 above, upon submission, Sponsor will own all right, title and interest in and to entries, submissions, information, materials and content, and any prize claims, in perpetuity and throughout the universe and in all media and forms of expression and communication now known or hereafter developed. Sponsor solely and these Rules constitute the full and exclusive agreement relating to the Promotion. In the event of any conflict between these Rules and any statement, document or communication relating to the Promotion, these Rules shall prevail.
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Los Angeles, CA 90066
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