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DIFF #VacayGiveaway Sweepstakes | Official Rules

#VacayGiveaway (the “Sweepstakes”)

Official Rules

NO PURCHASE IS NECESSARY TO ENTER OR WIN.  A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.  VOID IN ALASKA, HAWAII, AND RHODE ISLAND AND WHERE PROHIBITED BY LAW.

 This Sweepstakes is offered by Diff, LLC (the “Sponsor”).  These Rules govern the Sweepstakes and they 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.

  1. ELIGIBILITY: The Sweepstakes is open solely to legal residents of the forty-eight (48) contiguous states of the United States (excluding Rhode Island) and the District of Columbia, who are at least eighteen (18) years of age and over the age of majority in their jurisdiction of residence at the time of entry. Employees, officers and directors of Sponsor and its parent companies, subsidiaries, affiliates, partners, advertising and promotion agencies, manufacturers or distributors of promotion materials, and their immediate families (parents, children, siblings, spouse) or members of the same household (whether related or not) of such employees, officers and directors are not eligible to enter. This Sweepstakes is subject to all applicable federal, state and local laws.  You are not authorized to participate in the Sweepstakes if you are not located within the 48 contiguous United States (excluding Rhode Island) and the District of Columbia.
  1. HOW TO ENTER: The ability to enter the Sweepstakes will begin at 9:00 a.m. Pacific Time (“PT”) on September 20, 2017 and end at 11:59 p.m. PT on September 27, 2017 (the “Sweepstakes Period”).  To enter, during the Sweepstakes Period:
  • Follow Sponsor @diffeyewear and the following brands (Prize Providers) on Instagram: IT Cosmetics @ITcosmetics; L*SpaceSwim @LSpaceSwim; and The Brizilian Court Hotel @thebraziliancourt;
  • Tag a person you want to take on the trip (Travel Companion); then
  • go to www.diffeyewear.com/pages/vacation-giveaway (“Sponsor’s Page”), enter your name and email address and click the “submit” button.

You must have an email address to enter.  The Sponsor’s designated promotion computer located at its offices shall be and is the official time-keeping device for entry into the Sweepstakes.    

By participating in the Sweepstakes, you acknowledge and agree to be bound by these Official Rules, and affirmatively consent to the collection, use and distribution of your information including, but not limited to, your name and email address provided to enter the Sweepstakes.  Sponsor may provide your information including your name and email address with the Prize Providers of the Sweepstakes to administer the prize and to send you communications concerning promotions, products and services. See Sponsor’s and Prize Providers’ privacy policies on how your information may be collected, used and distributed.   Diff’s Privacy Policy https://www.diffeyewear.com/pages/privacy-policy, L*Space’s privacy policy https://www.lspace.com/pages/privacy-policy, IT Cosmetics’ privacy policy https://www.itcosmetics.com/privacy.html; Brazilian Court’s privacy policy http://www.thebraziliancourt.com/web-accessibility-statement-en.html.

Limit one (1) entry per person/per email address, regardless of method of entry.  Multiple entrants are not permitted to share the same email address.  Any attempt by any entrant to obtain more than the stated number of entries by using multiple/different email addresses, identities, registrations and logins, or any other methods will void that entrant's entries and that entrant may be disqualified. Use of any automated system to participate is prohibited and will result in disqualification.  In the event of a

dispute as to any email address, the authorized account holder of the email address used to enter this Sweepstakes will be deemed to be the entrant. 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.  The potential winner may be required to show proof of being the authorized account holder.

If you choose to enter using your mobile phone, standard data fees may apply.  You should consult your wireless service provider's pricing plan for details.  You agree to incur any and all charges demanded by your wireless carrier. You should also check your device's features for capabilities and check the device manual for specific use instructions.

Entries will not be acknowledged or returned. Only fully completed entries are eligible.  Proof of submission will not be deemed to be proof of receipt by Sponsor.

  1. REQUIREMENTS OF ENTRIES: By entering the Sweepstakes, each entrant warrants and represents that: (a) entrant’s entry does not contain any material or elements that are not owned by the entrant, or which are subject to the rights of third parties; (b) entrant’s entry is not a duplicate of any other submitted entries; (c) 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 submitting an entry, entrant agrees that Sponsor, in its sole discretion, may remove any entry and disqualify an entrant from the Sweepstakes if it believes, in its sole discretion, that the entrant’s entry fails to conform to the foregoing or 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.

By submitting an entry, entrant hereby grants permission for the entry to be posted on www.diffeyewear.com and other websites, applications, or social media platforms (including those of Sponsor and Prize Providers). Entrant agrees that Released Parties (as defined below) are not responsible for any unauthorized use of entries by third parties. Released Parties do not guarantee the posting of any entry.

  1. PRIZE SELECTION/ODDS: The winning entry for the prize will be chosen in a random drawing (the Drawing) from all eligible entries the Sponsor received before 11:59:59 PM PST on September 28, 2017.  The Drawing will be conducted from the offices of Diff Eyewear (or from such other location Sponsor designates) on or about September 29, 2017.  The Sponsor reserves the right to require the selected entrant to sign and deliver to Sponsor’s satisfaction a waiver, release and confirmation of eligibility under and in compliance with these Rules. 

Odds of winning depend on the number of eligible entries received for the Drawing.   For instance, if there were one thousand (1,000) eligible entries received, the odds of winning would be a chance of one in one thousand (1 in 1,000).  This could vary if entries were disqualified.

  1. PRIZE: There is one (1) Prize Winner.

The Prize shall consist of:

(i)     two (2) consecutive nights stay in one (1) standard room/dual occupancy at The Brazilian Court Hotel, 301 Australian Avenue, Palm Beach, FL 33480 (ARV $1,420)(provided by The Brazilian Court Hotel);

(ii)    IT Girl Tote, 1 CC Cream of Winner’s shade choice, 1 Bye Bye Under Eye Concealer of Winner’s shade choice, 1 Superhero Mascara, 1 Bye Bye Pores Pores Pressed and 1 Brow Power Universal Brow Pencil (ARV $150)(provided by IT Cosmetics);

(iii)   For Prize Winner and travel companion: one bikini of Winner’s and companion’s choice, one cover up of Winner’s and companion’s choice and one hat of Winner’s and companion’s choice (ARV $450)(provided by L*Space Swim);  

(iv)   if Winner’s residence is located more than two hundred fifty (250) miles from The Brazilian Court Hotel, the Prize includes two (2) round trip coach air transportation on a carrier selected by Sponsor between a major metropolitan airport near Winner’s residence to an airport selected by Sponsor in or near the City of Palm Beach with transportation to and from the resort (ARV $1,200)(provided by Diff, LLC).  If Winner’s residence is located two hundred fifty miles or less from The Brazilian Court Hotel then the Prize will include round trip ground transportation from Winner’s residence to The Brazilian Court Hotel (ARV $600)(provided by Diff, LLC);

(v) two (2) pairs of Diff sunglasses (ARV $170)(provided by Diff, LLC)

The total approximate retail value of the Prize in the aggregate is Three Thousand Three Hundred Ninety Dollars ($3,390) which will vary depending upon date of travel and point of departure.

For the purpose of any determination of each of the Prize’s value (or any part thereof), the determination of Sponsors will be final and binding.  The right to each Prize (or any part thereof) is not transferable by the Winner.  Each Prize (or any part thereof) must be accepted as awarded with no substitutions (in cash, in kind, or otherwise) except at Sponsors’ sole discretion.  Sponsors reserve the right to substitute any Prize (or any part thereof) for an item (including cash) of equivalent or greater value if for any reason, in Sponsors’ 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.

Travel and accommodations for the Prize is subject to availability; certain restrictions and blackout dates will apply. The travel and hotel stay must be completed before February 28, 2018 or the Prize will be forfeited and may be awarded to an alternate.  The Prize must be booked through Sponsor or Sponsor’s representative at least forty-five (45) days prior to arrival.  Restrictions, conditions and limitations may apply.  The Prize will not include baggage fees; travel insurance; hotel room service, parking fees, laundry service, food/meals, alcoholic beverages, merchandise, souvenirs, etc.; local and long distance telephone calls; tips, gratuities, service charges, resort fees, any taxes; and all other charges not explicitly included herein.     

Travel companion must be of the age of majority unless the Prize Winner is travel companion’s parent or legal guardian. Prize Winner and travel companion will be solely responsible for obtaining valid identification relating to acceptance and use of the travel prize package. Sponsors will not replace any lost, mutilated, or stolen tickets, travel vouchers or certificates. Prize Winner will not receive difference between actual and approximate retail value.

 

  1. WINNER NOTIFICATION: On or about September 29, 2017, the potential Sweepstakes winner will be notified via email at the email address provided by potential winner. Potential winner must respond to Sponsor’s notification within five (5) business days after the date of notification. A potential winner's failure to respond to the prize notification within the specified five (5) business days will be considered such potential winner's forfeiture of the Prize and an alternate winner may be selected from the pool of eligible entries. If an entrant is found to be ineligible, an alternate winner may also be selected from the pool of eligible entries. After initial contact has been made, subsequent communication may take place via e-mail or telephone. A potential winner may be required to sign and return, where legal, an Affidavit/Declaration of Eligibility, Liability/Publicity Release and/or rights transfer document within seven (7) calendar days of receipt.  If such document is not returned within the specified time period, a prize or prize notification is returned as undeliverable, or a potential winner is not in compliance with these Official Rules, that potential winner’s prize will be forfeited and an alternate winner will be selected.  Upon prize forfeiture, no compensation will be given.  In the event of a dispute as to the identity of any potential winner, Sponsor reserves the right in its sole discretion to select another winner and the unidentifiable potential winner will forfeit all rights to the Prize.
  • GENERAL CONDITIONS: By participating, each entrant agrees: (a) to abide by these Official Rules and decisions of Sponsor, which shall be final and binding in all respects relating to this Sweepstakes; and (b) to the use of his/her name, voice, performance, photograph/video, image and/or likeness for editorial, administrative, programming, advertising, publicity and promotional purposes in any and all media, now or hereafter known, worldwide and on the Internet, and in perpetuity by Sponsor and their designees, without compensation (unless prohibited by law) or additional consents from entrant or any third party and without prior notice, approval or inspection, and to execute specific consent to such use if asked to do so. By participating, entrant also agrees not to release any publicity or other materials on their own or through someone else regarding their participation in the Sweepstakes without the prior consent of the Sponsor, which it may withhold in its sole discretion.
  1. LIABILITY: BY PARTICIPATING, ENTRANTS AND THE WINNER AGREE TO RELEASE AND HOLD HARMLESS SPONSOR, PRIZE PROVIDERS AND THEIR RESPECTIVE 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, PERSONAL INJURY AND/OR DEATH WHICH MAY OCCUR IN CONNECTION WITH, PREPARATION FOR, TRAVEL TO, OR 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.
  1. MISCELLANEOUS: Released Parties are not responsible for lost, late, incomplete, damaged, inaccurate, illegible, stolen, delayed, misdirected, undelivered, or garbled Entries; or for lost, interrupted or unavailable network, server, Internet Service Provider (ISP), website, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties, or other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Sweepstakes, including, without limitation, errors or difficulties which may occur in connection with the administration of the Sweepstakes, the processing of entries, the drawing for the prize, the announcement of the prize, or the incorrect uploading of any Sweepstakes-related materials. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by site users, tampering, hacking, or by any equipment or programming associated with or utilized in the Sweepstakes.  Released Parties are not responsible for injury or damage to any person's computer related to or resulting from participating in this Sweepstakes or downloading materials from or use of the website.  Persons who tamper with or abuse any aspect of the Sweepstakes or the applications or websites of any Released Party, or who act in an unsportsmanlike or disruptive manner or who are in violation of these Official Rules, as solely determined by Sponsor, will be disqualified and all associated entries will be void. Should any portion of the Sweepstakes be, in Sponsor’s sole opinion, compromised by virus, worms, bugs, non-authorized human intervention or other causes which, in the sole opinion of the Sponsor, corrupt or impair the administration, security, fairness or proper play, or submission of entries, Sponsor reserves the right at its sole discretion to suspend, modify or terminate the Sweepstakes and, if terminated, at its discretion, select the potential winner from all eligible, non-suspect entries received prior to action.  Notwithstanding the foregoing, Sponsor may seek equitable relief in any court of competent jurisdiction.  If any provision of these rules is held to be illegal or unenforceable, such provision shall be limited or eliminated to the minimum extent necessary so that these rules otherwise remain in full force and effect and enforceable.  CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE SPONSOR’S WEBSITES OR APPLICATIONS OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES (INCLUDING ATTORNEYS’ FEES) FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
  1. 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.

  1. USE OF DATA. Sponsor will be collecting personal data about entrants, in accordance with its privacy policy.  Please review Sponsor’s privacy policy http://www.diffeyewear.com/pages/privacy-policy. By participating in the Sweepstakes, entrants hereby agree to Sponsor’s collection and usage of their personal information and acknowledge that they have read and accepted Sponsor’s privacy policy. 
  1. REQUEST FOR WINNER: For the name of the winner, available after September 29, 2017, send a self-addressed, stamped, envelope to: Diff Eyewear, Attention: Marketing Department, 15606 Broadway Center Street, Gardena, CA 90248. Vermont residents may omit return postage.
  1. SPONSORS: Diff, LLC, 15606 Broadway Center Street, Gardena, CA 90248.
  1. PRIZE PROVIDERS: IT Cosmetics, LUXE Division of L’Oréal USA, 111 Town Square Place, Suite                   517, Jersey City, NJ 07310; L*Space Swim, 9821 Irvine Center Drive, Irvine, CA 92618; and The Brazilian Court Hotel, 301 Australian Avenue, Palm Beach, FL 33480.