Sweepstakes Terms and Conditions
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”) and is in no way sponsored, endorsed or administered by, or associated with, TikTok. 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 Sponsor’s TikTok Giveaway (“Sweepstakes”) to be held from 9:00 am Pacific Time on September 15, 2021 to 11:59 pm Pacific Time on September 20, 2021 (“Entry Period”) with the official drawings to take place on or about September 21, 2021.
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 Sponsor 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.
Prior to receiving any prize, a selected 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
To enter, follow the TikTok accounts of Kalee Rogers @kaleerogersbeauty and Sponsor @diffeyewear and respond to the Sweepstakes offer posted by Kalee Rogers or Sponsor on their TikTok pages by “Liking” the video posted and “Commenting” your favorite emoji and sharing with a friend or otherwise responding in the manner and time period set forth in the offer. Limit one (1) entry per unique TikTok account and per person per Sweepstakes. Entries generated by script, macro or other automated means are void, as are entries that are illegible, garbled, incomplete or that contain errors. Normal time, toll, connection and usage rates, if any, charged by your Internet service provider will apply. All entries become the property of the Sponsor. No other entry method will be accepted.
HOW AND WHEN WINNERS WILL BE SELECTED AND NOTIFIED
There will be one Prize Winner selected by random draw from among all eligible Entries received. Proof of transmission is not proof of receipt. Sponsor’s computer is the official time-keeping device for the Sweepstakes and determines the order of receipt of entries. The potential Winner will be asked for an eligible email address by Direct Message and will then be notified by email.
Final determination of the winner is conditioned on verification of eligibility and compliance with these Official Rules and procedures. Failure to respond to the initial verification message within twenty-four (24) hours after initial notification to the potential winner may result in disqualification and award of the prize to an alternate winner. Potential winner will be required to complete, sign and return within one (1) business day of transmission, an Affidavit of Eligibility, Release and Indemnification, and a Publicity Release where allowed by law, W-9 Form, if applicable and any other documentation required by Sponsor (collectively, “Verification Documents”). If a potential winner does not respond to the initial notification within twenty-four (24) hours as set forth above, if Verification Documents are not returned to Sponsor within the specified time period, if potential winner cannot attend any programming connected with the Sweepstakes on the specified date, if any prize notification or prize is returned as non-deliverable, if potential winner is found to be ineligible or otherwise not in compliance with these Official Rules, or if potential winner cannot or does not accept the prize for any reason, prize may be forfeited and potential winner may be disqualified without compensation of any kind and an alternate winner may be selected in a random drawing (time permitting) from remaining eligible entries received.
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.
PRIZES AND ODDS
There will be two (2) winners of the Sweepstakes. Each Winner will receive two (2) pairs of Diff Eyewear sunglasses each will an approximate retail value of $100.00. One pair will be the Diff Eyewear Tahoe gold + purple mirror frame and the second pair will be the Winner’s choice. Odds of winning depend on the total number of valid Entries received. The total approximate retail value of all prizes award is $400.00.
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 the Prize (or any substitution) or its delivery, transfer, receipt, acceptance, possession, use or disposition is solely the responsibility of each Prize winner. Sponsor is not responsible if any prize is lost, stolen, destroyed, or used without permission. Sponsor will not replace any lost, mutilated or stolen Prize.
By participating, each entrant agrees: (a) to abide by these Official Rules and decisions of the Sponsor, which shall be final and binding in all respects relating to this Sweepstakes; (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 its 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; 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). 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.
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(s) 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.
BY PARTICIPATING, ENTRANTS AND THE WINNERS 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.
USE OF DATA
Sponsor makes no warranties covering any of the prizes furnished as part of this Sweepstakes. Any prize, and all materials furnished as part of or in connection with this Sweepstakes are provided “as is” without warranty of any kind, either express or implied, including without limitation the implied warranties of merchantability and fitness for a particular purpose.
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.