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#GET READY FOR SUMMER WITH DIFF EYEWEAR GIVEAWAY
NO PURCHASE IS NECESSARY TO ENTER OR WIN. PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING. VOID WHERE PROHIBITED BY LAW OR REGULATION.
SPONSOR: The sponsor of the Get Ready For Summer With Diff Eyewear Giveaway (the “Promotion”) is DIFF, LLC located at 19701 Hamilton Avenue, Suite 260, Torrance, CA 90502 (hereinafter referred to as either “DIFF” or “Sponsor”). The Promotion will be administered by DIFF.
BINDING AGREEMENT: These Official Rules (“Rules”) constitute a legally binding agreement between Sponsor and entrant (“Entrant” or “you,” or “your”). By participating in the Promotion, you fully and unconditionally agree to abide by these Rules. In the event there is an inconsistency between statements made by Sponsor in any promotional materials for the Promotion and these Rules, these Rules shall govern.
ELIGIBILITY: Only legal adult residents of the 50 United States, or 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 Promotion, and each of their respective parent, subsidiary, affiliated and related companies (collectively, the “Promotion 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 Promotion. All eligibility is subject to all federal, state, and local laws and regulations.
ENTRY PERIOD: The Promotion begins on June 7, 2022 at 9:00 a.m. EST and ends on June 10, 2022 at 11:59 p.m. EST (“Entry Period”). DIFF’s computer is the official time clock for the Promotion. All Entries must be received during the Entry Period in order to be eligible to win.
HOW TO ENTER: During the Entry Period, follow @kesliebynum and @diffeyewear on Instagram and “like” Keslie Bynum’s June 7th Instagram post announcing the Promotion (“#Get Summer Ready with Diff Eyewear) and tag three (3) friends. An Entrant will receive an extra entry if the Entrant shares the post on his/her stories and tags @kesliebynum and @diffeyewear.
Drawing. The Winner will be selected in a random drawing from among all eligible entries collected during the Promotion Entry Period taking place on or about June 10, 2022. The drawing will be conducted by DIFF, whose decisions and interpretations on all matters relating to the Promotion and these Rules are final and binding in all respects. DIFF reserves 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 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. One (1) eligible entry will be selected from all of the entries received.
Notification to Winner. The potential Winner will be notified by direct message (“DM”) on Instagram from Keslie Bynum’s account on or about June 11, 2022. The potential Winner must provide an email address to receive the prize.
Acceptance of Prizes and Announcement. Potential Winner must respond to Keslie Bynum’s DM notification and provide an email address 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 or 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 may, in DIFF’s sole discretion, select an alternate Winner from all eligible Entries in a separate random drawing. The results and Winner will be announced on or about June 12, 2022 on DIFF’s website.
PRIZES: There will be one prize winner. The prize will be a Two Hundred and Fifty Dollar ($250.00) Diff Eyewear e-Gift Card. The Approximate Retail Value ("ARV") of the Prize is Two Hundred Fifty Dollars ($250.00). Please allow a minimum of five (5) business days after acceptance of the Prize for its delivery.
PRIZE CONDITIONS: With respect to the Prize, Sponsor is not responsible for lost or stolen prizes. Winner is 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. Prizes are not transferrable. No substitution is allowed except, at Sponsor’s sole discretion, a Prize of equal or greater value may be substituted for any reason.
DISQUALIFICATION/FORCE MAJEURE: DIFF reserves the right in its sole discretion to disqualify any individual who DIFF determines to be: (A) tampering with the entry process or the operation of the Promotion, 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. DIFF reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. DIFF reserves the right to modify, extend, suspend, or terminate the Promotion if it determines, in its sole discretion, that the Promotion is technically impaired or corrupted or that fraud or technical problems, failures or malfunctions or other causes beyond DIFF’s 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 DIFF is 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 of 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 DIFF will have the right to modify, suspend, or terminate the Promotion. If the Promotion is terminated before the designated end date, DIFF 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 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 Sponsor 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 Sponsor from all claims arising out of the use of such Attributes.
DISCLAIMERS: The Sponsor 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 Sponsor 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 Sponsor 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 Promotion Entities 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 VICI, which are binding and final.
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.
14.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 Entrant be entitled to recover any expenses other than reasonable and actual out-of-pocket expenses.
(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.