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”). 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 Diff’s 6 Days of Customer Appreciation Sweepstakes (“Sweepstakes”) to be held from 9:00 am Pacific Time on November 15, 2020 to 11:59 pm Pacific Time on November 20, 2020 with the official drawings to take place on or about November 21, 2020.
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.
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 AND WHEN TO ENTER
There will be four (4) separate prize drawings that correspond to the following Diff Eyewear Marketing Programs: Email; SMS; Loyalty; and Birthday (each referred to hereafter as a “Program”). Limit one (1) entry per person per drawing. If you are a current participant, or join during the Entry Period (defined below), in all four (4) Programs, you will receive one entry in each of the four (4) Program Drawings.
Existing Program participants are automatically entered in the drawing for the Program in which they are currently enrolled. If you are non-existing Program participant, or if you are not enrolled in a particular Program, you can enter the Sweepstakes by signing up for Diff Eyewear’s Email, SMS, Loyalty and Birthday programs from 9:00 am Pacific Time on November 16, 2020 to 11:59 pm Pacific Time on November 20, 2020 (the “Entry Period”). To sign up for one or all of the Programs go to:
Birthday Program: https://www.surveymonkey.com/r/6JX3WYY
Loyalty Program: https://www.diffeyewear.com/account/register
Email Program: https://www.diffeyewear.com/pages/email-holiday-sign-up
By joining a Program and meeting the eligibility requirements, you will be entered in the Sweepstakes for the drawing of each Program you join.
HOW AND WHEN WINNERS WILL BE SELECTED AND NOTIFIED
Potential winners will be notified on or about November 21, 2020 by telephone or email at the email address or phone number provided to join a Program. Odds of winning depend on the total number of valid Entries received. Limit one (1) prize per person and only one (1) person per household can win a prize.
A total of sixty-eight (68) potential winners will be selected via a random draw from among all eligible Entries received; seventeen (17) winners per drawing. There will be one drawing per Program for a total of four (4) drawings. Potential winners will be notified on or about November 23, 2020 of selection by telephone or email at the email address or phone number provided when signing up for a Program.
Final determination of the winners is always conditional on verification of eligibility and compliance with these Official Rules and procedures. Failure to respond to the initial verification phone call and/or email within twenty-four (24) hours after initial notification to the potential winner or return of the email notification as undeliverable after two (2) attempts may result in disqualification and award of the prize to an alternate winner. Potential winners 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 winners 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.
In the event of any dispute concerning the identity of any entrant, the Entry will be deemed submitted by the natural person who is the authorized holder of the email provided to Sponsor. “Authorized account holder” is defined as the natural person who is assigned to an email address by an Internet access provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address.
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.
There will be seventeen (17) prizes awarded for each Program drawing for a total of sixty-eight (68) prizes awarded. There will be: four (4) First Place winners each receiving a One Thousand Dollar American Express Gift Card (ARV $1,000.00 each); four (4) Second Place winners each receiving an iPad Air – 4th Generation (ARV $448.90 each); four Third Place winners each receiving an Apple Watch SE (ARV $269.00 each); four (4) Fourth Place winners each receiving a Two Hundred Dollar eGift card to Diff Eyewear’s online store located at www.diffeyewear.com (ARV $200.00 each); twenty (20) Fifth Place winners each receiving one pair of Diff Eyewear Sun or Blue Light glasses (ARV $115.00 each); twelve (12) Sixth Place winners each receiving a Diff Eyewear 8 Piece Vanity Box (ARV $50.00 each); and twenty (20) Seventh Place winners each receiving a Diff Eyewear Triangle case (ARV $20.00 each).
The total approximate retail value of all prizes awarded is $10,971.60.
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
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.
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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.