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The Toast x DIFF Giveaway
NO PURCHASE IS NECESSARY TO ENTER OR WIN. PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING. VOID WHERE PROHIBITED BY LAW OR REGULATION.
SPONSORS: The sponsors of the giveaway, The Toast x 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.
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 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 Sponsor, its 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 Nov 29, 2022 at 05:00 a.m. PT and ends on Dec 31, 2022 at 11:59 p.m. PT (“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: During the Entry Period, sign up for DIFF SMS and EMAIL via the landing page shared in the podcast advertisement – www.diffeyewear.com/toast. By signing up for DIFF SMS and EMAIL, you agree to receive marketing materials and promotion from Diff Eyewear via text messages and email. You must be the owner of the cell phone number entered to sign up for DIFF SMS and must expressly agree to receive text messages from Diff Eyewear.
This promotion is in no way sponsored, administered, or associated with The Toast podcast. By entering, Entrants confirm they are at least 18 years of age and agree to release The Toast Podcast of any responsibility related to this Promotion.
SELECTION, NOTIFICATION AND ANNOUNCEMENT OF THE WINNER:
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 Jan 3, 2023. The drawing will be conducted by DIFF Eyewear, whose decisions and interpretations on all matters relating to the Promotion and these Rules are final and binding in all respects. DIFF Eyewear 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 text message from DIFF Eyewear account on or about Jan 3, 2023. The potential Winner must provide an email address and SMS number to receive the prize.
ACCEPTANCE OF PRIZES. Potential Winner must respond to DIFF Eyewear text message 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 Eyewear may, in DIFF Eyewear sole discretion, select an alternate Winner from all eligible Entries in a separate random drawing.
PRIZES: There will be one prize winner. The prize will be a $1,000 prepaid VISA Gift Card and Twelve (12) pairs of Diff Eyewear sunglasses which will be distributed one pair a month for a Year! The Approximate Retail Value ("ARV") of the Prize is Two Thousand Four Hundred Dollars ($2,400). Please allow a minimum of ten (10) business days after the acceptance of the Prize for its delivery.
Selected Entrant is not entitled to any surplus between actual retail value of prize and stated ARV and any difference between stated ARV and actual value of the prize will not be awarded. No substitution, transfer, or cash redemption of prize, except by the Sponsor, who reserves the right to substitute a prize with another prize of equal or greater value should the advertised prize or any part of it become unavailable for any reason as determined by Sponsor in its sole discretion. Gift cards are subject to the rules and conditions of the issuing vendor. If the Selected Entrant does not want a portion of the prize, that portion is forfeited. All federal, state, and local taxes on any prize are the sole responsibility of the prize winner. Winners may be issued an IRS Form 1099 for the ARV of any awarded prize.
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 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, 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 Winners 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 The Bouqs Company, 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 Entrants 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.