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SPONSOR: The sponsor of the DIFF Giveaway (the “Giveaway” or “Promotion”), is DIFF LLC located at 19701 Hamilton Avenue, Suite 260, Torrance, CA 90502 (“DIFF”). The Giveaway will be administered by DIFF Eyewear. Neither Disney Consumer Products, Inc. nor Marvel Brands LLC are sponsors, affiliates or administrators of the Giveaway.
BINDING AGREEMENT: These Official Rules (“Rules”) constitute a legally binding agreement between Sponsor 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 Sponsor 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), 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 Sponsor, Marvel Brands LLC, and Disney Consumer Products, Inc. and 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 August 6, 2023 at 4:00 p.m. EST and ends on August 8, 2023 at 11:59p.m. ET (“Entry Period”). 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.
During the Entry Period, follow @DIFFEYEWEAR on Instagram. You will need to click on The Avengers link in the bio on the account to access the Promotion entry form (the “Entry Form”). To enter, you must provide a valid cell phone number in the Entry Form and consent to receiving automated text messages from Diff Eyewear during the Entry Period and click “Continue.” Alternatively, if you have signed up to receive text messages from DIFF Eyewear, you can enter by texting Avenges to 55721. Once you register and sign up to receive automated text messages, to complete your entry, you must: 1) like the post announcing the Avengers 60th Anniversary x Diff Giveaway; and 2) tag a friend.
SELECTION, NOTIFICATION AND ANNOUNCEMENT OF THE WINNER:
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 August 8, 2023. The drawing will be conducted by Sponsor, whose decisions and interpretations on all matters relating to the Promotion and these Rules are final and binding in all respects. Sponsor 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 a winner is found to be ineligible or not in compliance with the Rules, the W\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 entries will be selected from all of the entries received.
NOTIFICATION TO WINNER. The potential winners will be notified by text message at the cell phone number provided to enter the Giveaway. The winners will be notified on or about August 9, 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 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 Eyewear may, in DIFF Eyewear’s sole discretion, select an alternate winner from all eligible Entries in a separate random drawing.
PRIZE: There will be three prize winners. Each winner will receive six (6) pairs of sunglasses from the Marvel x DIFF Celebrates Beyond Earth’s Mightiest, The Avengers 60th Anniversary collection. Please allow a minimum of ten (10) business days after acceptance of the Prize for its delivery. The estimated retail value of the prize is Five Hundred and Eighty Eight Dollars ($588).
PRIZE CONDITIONS: With respect to the Prize, Sponsor is 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 Sponsor’s sole discretion, a Prize of equal or greater value may be substituted for any reason.
DISQUALIFICATION/FORCE MAJEURE: Sponsor reserves the right in its 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. Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. Sponsor 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 Sponsor’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 Sponsor 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 Sponsor will have the right to modify, suspend, or terminate the Promotion. If the Promotion is terminated before the designated end date, Sponsor 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 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, Marvel Brands LLC, and Disney Consumer Products, Inc. and their respective parent company(ies), affiliated and subsidiary companies, 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.
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.
(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.