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The Becky Launch Sweepstakes (the "Promotion")
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.
The Promotion is a sweepstakes/giveaway promotion offered by DIFF, 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.
Participation in the Promotion is open only to persons who at the time of entering (a) are at least eighteen (18) years of age and (b) are legal residents of the United States of America (including the District of Columbia, but excluding Rhode Island). 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
The ability to enter the Promotion will begin at 12:01 a.m. Pacific Time (“PT”) on May 4. 2017 and end at 11:59 p.m. PT on May 11, 2017 (the “Promotion Period”).
To enter, you must:
All entries must be completed by 11:59 p.m. PT on May 11, 2017.
Limit: One entry per person. Automated methods of entry are prohibited. Use of automated methods of entry may result in disqualification.
In its discretion, Sponsor may disqualify any entry (in whole or in part) that Sponsor determines, in its sole discretion, was obtained or submitted through unauthorized means or sources, is not original, is illegible, mutilated, altered, reproduced, stolen, forged, counterfeited, irregular, is non-compliant with these Rules, contains printing, production, typographical, mechanical or other errors, or is marked improperly.
Except where prohibited by law, you hereby consent to Sponsor’s and its designees' and their respective Affiliates' publication, broadcast, website posting and other dissemination and use of your picture, name, address, voice, likeness and/or statements for legal, information, editorial, promotional, advertising and/or publicity purposes in any media, worldwide, without limit and without further compensation.
There are five (5) Prize Winners. The Prize for each winner will be one pair of Diff’s Becky Sunglasses. The total approximate retail value of the Prize is USD $85.00. For the purpose of any determination of the Prize’s value (or any part thereof), the determination of Sponsor will be final and binding. The right to the Prize (or any part thereof) is not transferable by the Winner. 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, a Prize (or any part thereof) cannot, or without hardship cannot, be awarded as described in these Rules. Any and all taxes (including, without limitation, income taxes) and other costs and expenses arising from or relating to each Prize (or any substitution) or its delivery, transfer, receipt, acceptance, possession, use or disposition is solely the responsibility of the Prize winner, except for a single instance of shipping and handling arranged by Sponsor for the Prize.
4) SELECTION AND NOTIFICATION OF WINNER; ODDS OF WINNING
Five (5) Prize Winners will be selected by random drawing (the “Drawing”) from the Promotion entries the Sponsor timely receives prior to 11:59 p.m. PT on May 11, 2017. The Drawing will be conducted from the offices of Sponsor (or from such other location Sponsor designates) on or around 11:00 a.m. PT on May 12, 2017. The Sponsor reserves the right to require the selected entrants to sign and deliver to Sponsor’s satisfaction a waiver, release and confirmation of eligibility under and in compliance with these Rules. The Sponsor or its designee will attempt to contact the selected entrant via Instagram Direct Message on May 12, 2017 after the Drawing. If the selected entrant does not respond, Sponsor or its designee will attempt to contact the selected entrant one (1) more time via Instagram Direct Message and also by email within twenty-four (24) hours after the date Sponsor first attempted to contact such selected entrant. If a selected entrant cannot be contacted after Sponsor reaches out to the entrant via Instagram Direct Message and email, or if the Prize notification is returned or reported as undeliverable, or if a selected entrant (whether or not contacted) is deemed to be ineligible or disqualified (which shall be in the Sponsor’s sole discretion), or if a selected entrant fails to, is unable to or is unwilling to comply with these Rules, or if a selected entrant fails to, is unable to or is unwilling within two (2) days to sign and deliver to Sponsor’s satisfaction a waiver, release and confirmation of eligibility under and in compliance with these Rules, then that selected entrant forfeits all rights to win the Promotion or receive the Prize and will be deemed disqualified. In such case another entry will be drawn for the Prize. This process may be repeated until all Prizes have been awarded and delivered, upon which event the entrant will be declared the winner of the Promotion. All findings, determinations and decisions of the Sponsor or its designees may be made in the Sponsor’s or its designee’s (s) sole discretion and are final and binding in all matters relating to this Promotion and in all respects.
THE Odds of winning are dependent upon the total number of entries received. For instance, if there were one thousand (1,000) entries received, the odds of winning would be one chance in one thousand (1 in 1,000). This could vary if entries were disqualified.
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 their Affiliates, marketing partners, suppliers and advertising and/or promotion agencies, any person or entity providing, supplying, fulfilling, delivering or honoring any Prize, any of the contractors, licensors or suppliers of any of the foregoing, any of the Affiliates of any of the foregoing and any of the directors, officers, employees, agents or representatives of any of the foregoing. 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.
By accepting the Prize, the winner hereby consents to Sponsor’s and its designees' and their respective Affiliates' publication, broadcast, website posting and other dissemination and use of such winner’s picture, name, address, voice, likeness and/or statements for legal, information, editorial, promotional, advertising and/or publicity purposes in any media, worldwide, without limit and without further compensation other than the Prize (or any substitution) offered and accepted.
6) DISCLAIMERS AND NOTICES 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 the 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 and (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.
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. 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 $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.
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 is subject to all applicable laws and regulations. However, all issues, allegations, claims, actions or disputes concerning compliance or non compliance with these Rules or the construction, validity, interpretation, enforceability or breach of these Official Rules (collectively, “Rules-Related Disputes”), shall be governed by the laws of the State of California (excluding conflicts of laws rules). All Rules Disputes and all other claims, actions and disputes arising out of or connected with this Promotion or the Rules will be resolved individually, and without resort to class action, exclusively by a state or federal court located in Los Angeles County, California. 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.
8) WINNERS LIST The identity of the winners will be published approximately one (1) day after such winners have been finally declared and the Prizes (or any part thereof) have been finally awarded. Such publication will be posted to Sponsor’s Official Instagram Account @DIFFEYEWEAR or such other Web location of Sponsor’s as may be deemed appropriate by Sponsor. For the name of the Prize Winners, you may also send a request that includes a self-addressed, stamped envelope to: DIFF, LLC - ATTENTION: Marketing Department, 15606 Broadway Center Street, Gardena, CA 90248. Such requests must be received no later than ninety (90) days after the Promotion is closed to further entries.
All entries and related 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 or delivery, Sponsor will own all right, title and interest in and to entries and related 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. 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.
SPONSOR: DIFF, LLC, 15606 Broadway Center Street, Gardena, CA 90248
CERTAIN TRADEMARKS: DIFF EYEWEAR, and all related names, logos, product and service names, designs and slogans are trademarks of Diff, LLC or its affiliates or licensors. © 2016 Diff, LLC. All rights reserved.