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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 2022 Customer Survey Sweepstakes (“Promotion”) to be held from 9:00 am Pacific Time on October 14, 2022 to 11:59 pm Pacific Time on November 14, 2022 the “Promotion Period”) with the official drawings to take place on or about November 14, 2022.
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 the 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 the 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
Potential entrants may enter the Promotion by doing one of the following:
1) Survey Entry: During the Promotion Period be invited by Sponsor or opt to participate in a survey associated with this Promotion, follow the link to the survey website, and complete the survey online. Once at the survey, you should complete the questions provided. Entrants must complete all required information. Once you have completed the survey, you will be automatically entered for a chance to win. The length of time required to complete the survey will vary from approximately five (5) minutes to thirty (30) minutes. LIMIT ONE (1) SURVEY ENTRY PER PERSON.
2) Mail-In Entry: You may enter the Promotion by printing your name, street address, city, state, zip code, email address and telephone number on a standard 4” x 6” postcard and mail it in an envelope to: Attn.: Sweepstakes, Diff Eyewear, 19701 Hamilton Avenue, Suite 260, Torrance, CA 90502 (Mail-In Entry). Mail-In Entries must be postmarked within the Promotion Period and received within 7 days of the end of the Promotion Period. All Mail-In Entries received within 7 days of the end of the Promotion Period will be entered for a chance to win. Mail-In Entries will have the same odds to win as Survey Entries. LIMIT ONE (1) MAIL-IN ENTRY PER PERSON.
You are not a winner until your prize claim is validated and you receive official written notification from the Sponsor. All entries become the exclusive property of the Sponsor and will not be acknowledged or returned except as provided herein. Entries which are incomplete, incorrect, incomprehensible, not received, or do not otherwise comply with these Official Rules will not be entered into the Promotion. Entries made by facsimile, overnight carrier, third party entry service, automated means, or in any other manner not specifically allowed under these Official Rules will not be entered into the Promotion.
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. The potential winner will be notified on or about November 14, 2022 by telephone or email at the email address or phone number provided to enter the Promotion. Odds of winning depend on the total number of valid Entries received.
Final determination of the winner 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. The 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.
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 Promotion, 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 Promotion, 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 Promotion.
There will be one (1) winner of the Promotion. The Winner will receive a One Thousand Dollar eGift card to Diff Eyewear’s online store located at www.diffeyewear.com (ARV $1,000.00).
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
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 Promotion; (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 Promotion without the prior consent of the Sponsor, which it may withhold in its sole discretion.
This sweepstakes promotion is void where prohibited by law. In the event that the operation, security, or administration of the Promotion 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 Promotion is unable to run as planned for any other reason, as determined by Sponsor in its sole and absolute discretion, Sponsor may, in its sole discretion, either (a) suspend the Promotion to address the impairment and then resume the Promotion in a manner that best conforms to the spirit of these Official Rules or (b) terminate the Promotion and, in the event of termination, award the prize at random from among the eligible, non-suspect entries received in 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 Promotion 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 convenient.
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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.