WEAR GOOD. SHARE GOOD. TOMS for Mental Health Awareness Month GIVEAWAY
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 (the “Sponsor”). These Rules govern the Promotion and they constitute an agreement between Sponsor 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 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 at the time of entering (a) are a member of TOMS Rewards (enrollment is free; please sign up at TOMS Rewards), (b) are eighteen (18) years of age, and (c) are legal residents of the United States of America. Employees of Sponsor or its Affiliates (defined below), advertising agencies or promotional agencies, 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 to the Giveaway will be accepted beginning at 3:00 p.m. Pacific Time (PT) on May 1, 2023, and ending at 11:59 p.m. PT on May 7, 2023 (the “Promotion Period”).
To enter you must be an existing member, or sign up to be a member, of TOMS Rewards.
Please see Sponsor’s Privacy Statement 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. Any failure to comply with these terms may result in automatic disqualification from the Promotion.
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.
Three (3) winners will each receive the entire TOMS WEAR GOOD. SHARE GOOD. Seeding Kit (approximately $300 retail value). For the purpose of determination of the Prize value (or any part thereof, or the aggregate of all Prizes), the determination of Sponsor will be final and binding. The right to a Prize (or any part thereof) is not transferable by the winners. The Prize (or any part thereof) must be accepted as awarded with no substitutions (in cash, in kind, or otherwise) except at Sponsor’s sole discretion. Sponsor reserves the right to substitute the Prize (or any part thereof) for an item (including cash) of equivalent or greater value if for any reason, in Sponsor’s discretion, the Prize (or any part thereof) cannot, or without hardship cannot, be awarded as described in these Rules. No responsibility or liability is accepted for any variation in the value of the Prize. Any and all taxes (including, without limitation, income taxes) and other costs and expenses arising from or relating to the Prize (or any substitution) or its delivery (including shipping and related taxes, tariffs and duties), transfer, receipt, acceptance, possession, use or disposition is solely the responsibility of the Prize winner.
4. DRAWING AND NOTIFICATION OF WINNERS
Three (3) winners will be randomly selected from among all eligible entries received by 11:59 p.m. PT on May 7, 2023. The winners will be notified via email on May 8, 2023, by a TOMS representative.
This Promotion is a giveaway (i.e., game of chance) and skill plays no part in the determination of the winners. The Sponsor or its designee will attempt to contact the potential winner by emailing the potential winners on or about the date Sponsor first draws the potential winner’s name at the email address noted in the potential winner’s Passport Rewards account. If the potential winners cannot be contacted within two (2) days from the date Sponsor first emails the potential winners, or if a Prize notification is returned or reported as undeliverable, or if the potential winners (whether or not contacted) are deemed to be ineligible or disqualified (which shall be in the Sponsor’s sole discretion), or if the potential winners fail to, is unable to or is unwilling to comply with these Rules, or if the potential winners fail to, is unable to or is unwilling to sign and deliver to Sponsor’s satisfaction within two (2) days after such winners are sent a waiver, release and confirmation of eligibility under and compliance with these Rules by Sponsor, then the potential winners forfeit all rights to win the Promotion or receive a Prize and will be deemed disqualified. In such case other potential winners shall be drawn for the Prize at issue. This process may be repeated until the Prize has been awarded and delivered, upon which event such potential winners will be declared the winners 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.
As a condition to receiving the Prize, the potential winner will be required to sign and deliver to Sponsor an Affidavit of Eligibility and Release of Liability. Further, given the ARV of the Prize, the potential winners will be required to provide Sponsor with their tax identification number. Sponsor is required to declare the ARV of the Prize to the Internal Revenue Service and provide the name and tax identification number of the Winners.
5. RELEASE AND CONSENT
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 its 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, 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.
SPONSOR MAKES NO 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 non-use 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.
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. 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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