OFFICIAL RULES

NO PURCHASE IS NECESSARY TO ENTER OR WIN. PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING. VOID WHERE PROHIBITED BY LAW OR REGULATION. 

 

SPONSORS:  The Sponsors of the DIFF x Homesick Candles Giveaway (the “Giveaway” or “Promotion”), are DIFF LLC located at 19701 Hamilton Avenue, Suite 260, Torrance, CA 90502 (“DIFF”) and Homesick Candles Wins Brand Group located at 450 Lexington Ave #4530 New York, NY 10163- 4530. The Giveaway will be administered by DIFF Eyewear and Homesick Candles.

BINDING AGREEMENT:  These Official Rules (“Rules”) constitute a legally binding agreement between Sponsors and entrant (“Entrant” or “you,” or “your”).  By participating in the Giveaway, you fully and unconditionally agree to abide by these Rules.  In the event there is an inconsistency between statements made by Sponsors in any promotional materials for the Giveaway and these Rules, these Rules shall govern.

ELIGIBILITY:  Only legal adult residents of the United States (excluding Rhode Island), and the District of Columbia, who are 18 years of age or older or the age of majority in their state of residence at the time of entry are eligible to enter.  Employees, officers, and directors of Sponsors, their parent, subsidiary, affiliated or related companies, and all other entities associated with the creation, administration, promotion or fulfillment of the Giveaway, and each of their respective parent, subsidiary, affiliated and related companies (collectively, the “Giveaway Entities”), and each of their immediate family members and persons residing in the same household of such family members are not eligible to enter or win the Giveaway.  All eligibility is subject to all federal, state, and local laws and regulations. 

GIVEAWAY ENTRY PERIOD:  The Giveaway begins on March 16, 2023 at 9:00 am PST and ends on March 18, 2023 at 8:59 a.m. PST. DIFF’s computer is the official time clock for the Giveaway.  All Entries must be received during the Entry Period in order to be eligible to win. 

HOW TO ENTER:  To participate and enter the Promotion, you will need an Instagram account.  If you do not already have an Instagram account, download the Instagram app to create one; creating an Instagram account is free.  By submitting your information and creating an Instagram account, you will be required to agree to the Instagram terms of service and privacy notice.  If you do not agree to the Instagram terms of service and privacy notice, you cannot create an Instagram account.  The Promotion is in no way sponsored, endorsed, or administered by Instagram. 

To enter, you must 1) follow Sponsors on Instagram @diffeyewear and @homesick, 2) comment your favorite Hogwarts house    

By entering, entrants provide express permission to be contacted by email regarding the Promotion.  Not accepted are entries that are generated by script, macro or other automated means.  All usage rates charged by your internet provider will apply.  All entries become the property of Sponsors.  With the registration and submission of your email address, you agree that your registration and any other information collected in connection with the Promotion may be used by Sponsors in accordance with their Privacy Policies which can be located at diffeyewear.com/pages/privacy-policy and https://homesick.com/policies/privacy-policy  Your email address may be shared with Sponsors’ affiliated business entities and contractors.  With your email submission, you agree to receive marketing emails from both Sponsors.  You may opt-out from receiving marketing emails by following the directions in the email or by contacting Diff Eyewear and Homesick Candles at privacy@diffeyewear.com or help@homesick.com respectively.  All entries must include the entrant’s valid email address as this will serve as the identity of the entrant and, if selected, as the identity of the winner.    

PRIZE, SELECTION, NOTIFICATION AND ANNOUNCEMENT OF THE WINNER:

PRIZE: There will be four prize winners.  Each winner will receive one (1) Homesick Candle and one (1) pair of Harry Potter x DIFF Eyewear sunglasses. The estimated retail value of the prize is $170. 

DRAWING.   The winners will be selected in a random drawing from among all eligible entries collected during the Promotion Entry Period taking place on or about March 19, 2023. The drawing will be conducted by Diff Eyewear, whose decisions and interpretations on all matters relating to the Promotion and these Rules are final and binding in all respects. Sponsors reserve the right to disqualify any entrant or winner and may refuse to award a prize to a person who is not eligible or has violated a rule, gained unfair advantage in the Promotion, or obtained winner status using fraudulent means.  If a winner is found to be ineligible or not in compliance with the Rules, the winner will be disqualified and an alternate winner will be awarded the prize in a separate random drawing.

ODDS. The odds of winning depend on the number of eligible entries received, according to the eligibility requirements in the Promotion. Four (4) eligible entries will be selected from all of the entries received. 

NOTIFICATION TO WINNER.  The potential winners will be notified by Instagram Direct Message at the Instagram handle provided to enter the Giveaway or by text message if the entry was submitted via text.  The winners will be notified on or about March 19, 2023.

ACCEPTANCE OF PRIZES.  The potential winners must respond to Sponsor within twenty-four (24) hours of the notification.  If any potential winner: (A) does not respond within twenty-four (24) hours of notification; (B) is found to be ineligible for any reason; (C) fails to execute and return any required information or documentation; (D) declines the prize for any reason; or (E) fails to comply with these Rules, such potential winner will forfeit his or her Prize and DIFF Eyewear may, in DIFF Eyewears sole discretion, select an alternate winner from all eligible Entries in a separate random drawing.  

PRIZE CONDITIONS:  With respect to the Prize, Sponsors are not responsible for lost or stolen prizes. The winners are responsible for any and all local, state and federal taxes associated with the Prize. The value of the Prize will be treated as income to the winner and a 1099 will be issued for any Prize valued at $600.00 or more.  Prize is not transferable.  No substitution is allowed except, at Sponsors’ sole discretion, a Prize of equal or greater value may be substituted for any reason. 

DISQUALIFICATION/FORCE MAJEURE: Sponsors reserve the right in their sole discretion to disqualify any individual who it determines to be: (A) tampering with the entry process or the operation of the Promotion, or acting in violation of these Rules; (B) acting in an unsportsman-like or disruptive manner; (C) disrupting or undermining the legitimate operation of the Promotion; or (D) annoying, abusing, threatening or harassing any other person.  Sponsors reserve the right to seek damages and other remedies from any such person to the fullest extent permitted by law.  Sponsors reserve the right to modify, extend, suspend, or terminate the Promotion if it determines, in their sole discretion, that the Promotion is technically impaired or corrupted or that fraud or technical problems, failures or malfunctions or other causes beyond Sponsors’ control have destroyed or severely undermined or to any degree impaired the integrity, administration, security, proper play and/or feasibility of the Promotion as contemplated in these Rules. In the event an insufficient number of eligible entries are received and/or Sponsors are prevented from awarding prizes or continuing the Promotion as contemplated in these Rules by any event beyond its control (“Force Majeure Event”), including but not limited to fire, flood, natural or man-made epidemic of health or other means, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal state or local government law, order, or regulation, public health crisis, order of any court or jurisdiction, then Sponsors will have the right to modify, suspend, or terminate the Promotion. If the Promotion is terminated before the designated end date, Sponsors will (if possible) select the winner from all eligible, non-suspect entries received as of the date of the Force Majeure Event giving rise to the termination. Inclusion in such a selection process will be each entrant’s sole and exclusive remedy under such circumstances.  

PUBLICITY RELEASE:  Except where prohibited by law, acceptance of any prize constitutes the winner’s permission for Sponsors to use winner's name, photograph, image, likeness, name, hometown, voice, biographical information, statements and prize information (collectively, the “Attributes”), for advertising and/or publicity purposes worldwide and in all forms of media now known or hereafter devised, in perpetuity, without further compensation or authorization and releases the Sponsors from all claims arising out of the use of such Attributes.

DISCLAIMERS:  The Sponsors will not be responsible for: (A) any late, lost, misrouted, garbled or distorted or damaged transmissions or entries; (B) telephone, electronic, hardware, software, network, Internet, or other computer- or communications-related malfunctions or failures; (C) any Promotion disruptions, injuries, losses or damages caused by events beyond the control of Sponsors or by non-authorized human intervention; or (D) any printing or typographical errors in any materials associated with the Promotion.  ALL PRIZES ARE AWARDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY).

GENERAL RELEASE:  By entering the Promotion, each Entrant, for Entrant and for Entrant’s heirs, executors, administrators, successors and assigns: (A) releases and holds harmless the Sponsors, Warner Bros. Consumer Products, Inc. and their respective affiliates, officers, mangers, directors, stockholders, members, employees, agents and representatives (“Released Parties”) from any liability whatsoever, and waives any and all causes of action, for any claims, costs, injuries, losses, or damages of any kind arising, directly or indirectly, out of or in connection with the Promotion or delivery, mis-delivery, acceptance, possession, or use of or inability to use any Prize (including, without limitation, claims, costs, injuries, losses and damages related to personal injuries, death, damage to or destruction of property, rights of publicity or privacy, defamation or portrayal in a false light, whether intentional or unintentional), whether under a theory of contract, tort (including negligence), warranty or other theory; (B) agrees that the Released Parties have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, with respect to any prize, including, without limitation, to such prize’s quality or fitness for a particular purpose; and (C) agrees to be bound by these Rules and to waive any right to claim any ambiguity or error in these Rules or in the Promotion itself, and to be bound by all decisions of the Sponsor, which are binding and final. 

PRIVACY POLICY: Any personal information collected from Entrants in connection with the Promotion (“Promotion”) will be used by Sponsors, and their service providers for purposes of the proper administration and fulfillment of the Promotion as described in these Rules and in accordance with their Privacy Policies located at www.diffeyewear.com/pages/privacy-policy and https://homesick.com/policies/privacy-policy ach.  Entrant agrees to the collection, processing and storage of Entrant's personal data by Sponsors and their service providers for purposes of the Promotion.

DISPUTE RESOLUTION:  Entrant agrees that if any dispute arises that is in any way related to the Promotion or the Rules the parties will meet in person and attempt to resolve the dispute.  If the dispute cannot be settled through negotiation, the parties agree to attempt to settle the dispute by non-binding mediation administered by a neutral mediator agreed to by the parties prior to resorting to litigation.  The parties will cooperate to select a mediator, but if unable to do so will use JAMS for the mediation process and selection from JAMS’ panel of neutrals.  The parties will participate in the mediation in good faith, and will share its mutual costs equally, and the parties’ respective out-of-pocket costs individually. 

LIMITATION OF LIABILITY:  

(A) All disputes, actual or alleged claims and causes of action at law or in equity (“Claim(s)”) will be resolved individually, without resort to any form of class action.

(B) Notwithstanding anything to the contrary in these Rules, in connection with any Claims, judgments and awards, Entrant waives all rights to attorneys’ fees, punitive, incidental, special, consequential damages, and to any multiplied damages.

(C) In no event will the Entrant be entitled to recover any expenses other than reasonable and actual out-of-pocket expenses.

 

MISCELLANEOUS PROVISIONS:

(A) In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Rules will otherwise remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained in the Rules.

(B) All Claims arising out of or relating to this Promotion, including, without limitation, the interpretation of the Rules or any prize awarded will be resolved by applying the laws of California without regard to conflict of laws, and will be solely and exclusively brought in the state or federal courts situated within Los Angeles County, California.