H.E.R. X DIFF SWEEPSTAKES
NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW OR WHERE BONDING, REGISTRATION, OR OTHER REQUIREMENTS EXIST BUT HAVE NOT BEEN MET. BY ENTERING THIS SWEEPSTAKES, YOU AGREE TO THESE TERMS AND CONDITIONS. THESE TERMS AND CONDITIONS ARE A CONTRACT- READ THEM CAREFULLY BEFORE ENTERING.
This Sweepstakes is offered by Diff, LLC (the “Sponsor”). These Rules govern the Sweepstakes and constitute an agreement between Sponsor and any person who acts to enter or participate in the Sweepstakes or otherwise assents to these Rules (“you,” “your,” etc.). Such action or other assent constitutes your agreement to these Rules. This Sweepstakes are governed exclusively by the laws of the United States.
These Official Rules apply to the Diff Eyewear Giveaway (“Promotion”) to be held from 9:00am Pacific Time on February 26, 2020 to 11:59pm Pacific Time on February 28, 2020 with the official drawing to take place on or about February 28, 2020 (the “H.E.R. X DIFF Sweepstakes”).
Prize: There will be one prize awarded which consists of: the Entire H.E.R. X DIFF collection, consisting of (total) four sunglasses; an autographed collector’s case; and an autographed music vinyl. The estimated retail value of the prize is $400.00. Odds of winning depend on the number of eligible entries received by Sponsor during the Entry Period (defined below). Payment of any and all taxes associated with each prize is the responsibility of the winner of the prize.
Eligibility: Entrants must be at least the age of majority in their state, province or territory of residence, and must reside in the United States (excluding Rhode Island), the District of Columbia or Canada (residents of Quebec province excluded) to enter or win a prize. Employees of Diff Eyewear or its respective advertising, public relations, accounting or legal firms, and immediate family members or individuals living in the same household of such employees, are not eligible to enter the Sweepstakes or win a prize. For purposes of these eligibility rules, “immediate family members” mean spouse, children, parents, parents of spouse, siblings, and spouse’s siblings.
Additional Eligibility Requirements: Prior to receiving any prize, the winner must provide Sponsor with any information or certifications needed by Sponsor, in its sole judgment, for tax reporting purposes. The prize winner also must complete, sign and return a Declaration of Eligibility & Release to be eligible to receive the prize. If you fail to satisfy these conditions within three (3) days after we send you notice that your entry has been selected, you will not be eligible for the prize and we will select an alternate winner as described in “Selection of Winners” below. This Sweepstakes is subject to all applicable federal, provincial, state and local laws. All decisions on eligibility will be made by Sponsor and its decisions are final and binding.
For Canadian Residents Only: Before being declared a winner, the selected entrant must first correctly answer, without assistance of any kind, whether mechanical or otherwise, a time limited mathematical skill testing question to be administered by telephone at a time mutually convenient for the entrant and Sponsor or promotional agent of Sponsor.
How to Enter: You may enter by (1) Texting HER to 55721, (2) Following both DIFF Eyewear and H.E.R. on Instagram (3) Tagging three other people in the Instagram post. All entries must occur between 9:00am Pacific Time on February 26, 2019 to 11:59pm Pacific Time on February 28, 2019 (the “Entry Period”). Limit one (1) entry per person.
Requirements of Entries: By entering the Sweepstakes you agree to receive recurring automated marketing text messages from Diff, LLC at the cell number used to enter. Consent is not a condition of any purchase. Message and data rates may apply. Message frequency varies. Text STOP to withdraw consent at any time.
Each entrant warrants and represents that: (a) the cell number used to enter the Sweepstakes belongs to them and that they have the right to consent to receiving text messages on the cell number used to enter the Sweepstakes; (b) entrant’s entry will not violate any law, rule or regulation or infringe on any rights of any third parties; and (d) the entry complies with these Official Rules.
By entering the Sweepstakes, entrant agrees that Sponsor’s decisions are final and binding in all matters relating to this Sweepstakes, including, but not limited to, interpretation and application of these Official Rules. By entering the Sweepstakes, entrants fully and unconditionally agree to be bound by these Official Rules and the decisions of Sponsor, which will be final and binding in all matters relating to the Sweepstakes.
Selection of Winners: After the end of the Entry Period, a Diff Eyewear representative will select the winner by a random selection process. If Diff Eyewear determines that the person whose entry is selected was not eligible to enter the drawing, or if the person drawn refuses to accept the prize or fails to complete the eligibility requirements described in “Additional Eligibility Requirements” above, or if the person who is selected cannot be contacted or identified, Diff Eyewear will conduct a subsequent random drawing from all remaining eligible entries to select an alternate winner. The winner will be contacted via text message at the cell number used to enter the Sweepstakes.
Additional Agreements/Waivers: By entering the Sweepstakes, each entrant agrees: (a) to receive recurring automated marketing text messages from DIFF Eyewear at the cell number used when signing up. Message and data rates may apply; (b) to be bound by these Official Sweepstakes Rules and to interpretation of these rules by Sponsor; and (c) that Sponsor and its agents, affiliates, representatives and employees will have no liability whatsoever for any injuries, losses or damages of any kind resulting from acceptance or use of the prize(s). Except as prohibited by law, each winner also consents, by entering the Sweepstakes and without further compensation, to Diff Eyewear’s use and publication of the winner’s name, photograph, likeness, biographical information, and details of winning for Diff Eyewear’s advertising, promotional, or regulatory purposes. Sweepstakes void where prohibited by law. In the event that the operation, security, or administration of the Sweepstakes is impaired in any way for any reason, including, but not limited to fraud, virus, bug, worm, unauthorized human intervention or other technical problem, or in the event the Sweepstakes is unable to run as planned for any other reason, as determined by Sponsor in their sole and absolute discretion, Sponsor may, in their sole discretion, either (a) suspend the Sweepstakes to address the impairment and then resume the Sweepstakes in a manner that best conforms to the spirit of these Official Rules or (b) terminate the Sweepstakes and, in the event of termination, award the prize at random from among the eligible, non-suspect entries received in such Sweepstakes up to the time of the impairment. Sponsor reserves the right in its sole discretion to disqualify any entrant found to be tampering with the entry process or the operation of the Sweepstakes or to be acting in violation of the Official Rules or in an unsportsmanlike or disruptive manner. Sponsor reserves the right to change, modify, or extend the Entry Period if it should be deemed necessary. Failure by Sponsor to enforce any provision of the Official Rules shall not constitute a waiver of that provision.
LIABILITY: BY PARTICIPATING, ENTRANTS AND THE WINNER AGREE TO RELEASE AND HOLD HARMLESS SPONSOR AND IT’S ADVERTISING AND PROMOTIONS AGENCIES AND THEIR RESPECTIVE PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, PARTNERS, REPRESENTATIVES, AGENTS, SUCCESSORS, ASSIGNS, EMPLOYEES, SHAREHOLDERS, OFFICERS AND DIRECTORS (COLLECTIVELY, “RELEASED PARTIES”), FROM ANY AND ALL LIABILITY, FOR LOSS, HARM, DAMAGE, INJURY, COST OR EXPENSE WHATSOEVER INCLUDING WITHOUT LIMITATION, PROPERTY DAMAGE AND PERSONAL INJURY WHICH MAY OCCUR IN CONNECTION WITH THE ENTRANT’S PARTICIPATION IN THE SWEEPSTAKES, OR POSSESSION, ACCEPTANCE AND/OR USE OR MISUSE OF THE PRIZE OR PARTICIPATION IN ANY SWEEPSTAKES-RELATED ACTIVITY AND FOR ANY CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION, INVASION OF PRIVACY, COPYRIGHT INFRINGEMENT, TRADEMARK INFRINGEMENT OR ANY OTHER INTELLECTUAL PROPERTY-RELATED CAUSE OF ACTION. THE FOREGOING LIABILITIES ARE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
Arbitration/Governing Law: EXCEPT WHERE PROHIBITED BY LAW, AS A CONDITION OF PARTICIPATING IN THIS PROMOTION, ENTRANT AGREES THAT (1) ANY AND ALL DISPUTES AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS PROMOTION, OR ANY PRIZES AWARDED, SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION, AND EXCLUSIVELY BY FINAL AND BINDING ARBITRATION UNDER THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION AND HELD in the state of CALIFORNIA, CITY OF LOS ANGELES; (2) THE FEDERAL ARBITRATION ACT SHALL GOVERN THE INTERPRETATION, ENFORCEMENT AND ALL PROCEEDINGS AT SUCH ARBITRATION; AND (3) JUDGMENT UPON SUCH ARBITRATION AWARD MAY BE ENTERED IN ANY COURT HAVING JURISDICTION. UNDER NO CIRCUMSTANCES WILL ENTRANT BE PERMITTED TO OBTAIN AWARDS FOR, AND ENTRANT HEREBY WAIVES ALL RIGHTS TO CLAIM, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES, INCLUDING ATTORNEYS' FEES, OTHER THAN ENTRANT’S ACTUAL OUT-OF-POCKET EXPENSES (I.E., COSTS ASSOCIATED WITH PARTICIPATING IN THIS PROMOTION), AND ENTRANT FURTHER WAIVES ALL RIGHTS TO HAVE DAMAGES MULTIPLIED OR INCREASED. THE ARBITRATION SHALL BE CONDUCTED IN THE STATE OF CALIFORNIA, CITY OF LOS ANGELES.
THESE OFFICIAL RULES AND THE INTERPRETATION OF ITS TERMS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA WITHOUT REGARD TO ITS CONFLICTS OF LAWS RULES. For any matters which are not subject to arbitration as set forth in these Official Rules and/or in connection with the entering of any judgment on an arbitration award in connection with these Official Rules and/or the Sweepstakes, the parties irrevocably submit and consent to the exclusive jurisdiction and venue of the state and federal courts located in or closest to the County of Los Angeles in the State of California. The parties agree not to raise the defense of forum non conveniens.
Sweepstakes Sponsor and Winner Information: This Sweepstakes is sponsored by: Diff Eyewear, located at 19701 Hamilton Ave, Suite 260, Torrance, CA 90502. Except as limited by law, the names of winners will be available upon request, at no charge, by sending a self-addressed stamped envelope to Diff Eyewear at the address above, Attn: Marketing Department.