2017 PURA VIDA BRACELETS X BLENDERS EYEWEAR
CUSTOM SHADES GIVEAWAY
OFFICIAL RULES: You must be eighteen (18) years of age or older to enter this Sweepstakes and a legal resident of the United States and the District of Columbia, excluding Puerto Rico, U.S. Virgin Islands and Guam, at the time of entry. Odds of winning depend on the number of eligible entries received. Sweepstakes ends on July 31st, 2017 at 11:59 PM Pacific Standard Time. THIS SWEEPSTAKES IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH, INSTAGRAM, FACEBOOK OR TWITTER. NO PURCHASE NECESSARY TO ENTER OR WIN. VOID WHERE PROHIBITED BY LAW OR REGULATION.
- SWEEPSTAKES DESCRIPTION: The 2017 Pura Vida Bracelets x Blenders Eyewear Custom Shades Giveaway Sweepstakes (the “Sweepstakes”) begins on July 5, 2017 at 8:00 AM Pacific Standard Time and ends on July 31st, 2017 at 11:59 PM Pacific Standard Time (the “Sweepstakes Period”). At the end of the Sweepstakes Period, a random drawing will be conducted from among all eligible entries received to select one thousand (1,000) random winners who will receive a pair of Blenders Eyewear sunglasses (retail estimated value USD $20.00 each). By participating in the Sweepstakes, each participant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of Creative Genius Inc., doing business as Pura Vida Bracelets, 1025 Prospect Street #350, La Jolla CA 92037 (the “Sponsor”) whose decisions shall be in its sole and absolute discretion, final and legally binding in all respects.
The Sponsor and each of their respective affiliates, subsidiaries, parent corporations, advertising and promotion agencies, and their respective officers, directors, shareholders, employees, and agents, and any and all internet servers and access providers(s) collectively (“Released Parties”) provide no warranties against and are not responsible for any: incorrect or inaccurate entry information; human error; technical malfunctions; failures, omissions, interruptions, deletions, or defects of any computer online systems, computer equipment, server providers, or software, including any injury or damage to participant’s, or any other person’s, computer relating to or resulting from participation in this Sweepstakes, inability to access the Website, theft, tampering, destruction, or unauthorized access to, or alteration of entries, entries that are processed late or incorrectly or are incomplete or lost due to computer or electronic malfunction or traffic congestion on the internet or at any website, printing, typographical, human or other errors; and any entries which are late, lost, incomplete, delayed, misdirected, stolen, mutilated, inaccurate, illegible or any combination thereof. Eligible entries are considered only upon receipt by Sponsor during the valid Sweepstakes Period. Proof of mailing or online submission is not considered proof of delivery or receipt. All entries become the property of Sponsor and will not be returned. A purchase will not increase your chance of winning.
CAUTION: ANY ATTEMPT BY ENTRANT TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OR PROCESS OF THE SWEEPSTAKES MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY’S FEES) FROM ANY SUCH ENTRANT TO THE FULLEST EXTENT OF THE LAW, INCLUDING LOSS OF ELIGIBILITY FROM THE SWEEPSTAKES AND CRIMINAL PROSECUTION.
No more than the advertised number of prizes will be awarded. You further understand and agree that all rights under Section 1542 of the California Civil Code (“Section 1542”) and any similar law of any state or territory of the United States that may be applicable with respect to the foregoing release are hereby and expressly and forever waived. You acknowledge that Section 1542 provides that: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” You agree that the releases hereunder are intended to, and do apply to all claims not known or suspected to exist with the intent of waiving the effect of laws requiring the intent to release future unknown claims.
- ELIGIBILITY: This Sweepstakes is open only to legal U.S. and District of Columbia residents (excluding Puerto Rico, U.S. Virgin Islands and Guam) at the time of entry who are eighteen (18) years of age, or older. Employees, officers and directors of Sponsor, and each of their respective parents, subsidiaries, consultants, agents and suppliers, (collectively, “Sweepstakes Entities”), as well as their immediate families and persons living in the same household as such individuals, are not eligible to enter or win. All eligibility is subject to all federal, state, and local laws and regulations. Sponsor’s database clock will be the timekeeper for this Sweepstakes. Sponsor reserves the right to verify the eligibility of the winners. This Sweepstakes is void where prohibited. Any and all warranties and guarantees with respect to any prize element are subject to the respective manufacturer’s terms and are specifically disclaimed by Sponsor. This Sweepstakes is governed by U.S law and is subject to all applicable federal, state and local laws and regulations. This Sweepstakes is void outside the U.S and its territories, possessions, and commonwealths, and where prohibited by law.
- HOW TO ENTER: There are two (2) ways to enter this Sweepstakes:
Pura Vida Subscription Club Customers as of July 4, 2017 before the Sweepstakes Period begins are automatically entered to win. All others are eligible to enter the Sweepstakes by sending an email during the Sweepstakes Period to the email address below and must include all of the information requested below (collectively “Customer Entry/Entries or “Entrant”).
If you are not a Subscription Club Customer as of July 4, 2017 you can enter to win the Sweepstakes by sending an email to firstname.lastname@example.org with the subject line “2017 Pura Vida Bracelets x Blenders Eyewear Custom Shades Giveaway Sweepstakes” and the following information:
- Complete physical address
- Phone number (including area code) and
- Date of birth
You must submit all of the information requested above to become eligible to win. Your email entry must be received by Sponsor during the Sweepstakes Period. Limit one (1) entry per valid email address. Mechanically reproduced entries generated by script, macro or other automated or mechanical means and entries by any means which subvert the entry process will not be accepted. Incorrect, ineligible, corrupt, and incomplete entries are void. These Official Rules are also available at Sponsor’s website or by writing to: 2017 Pura Vida Bracelets x Blenders Eyewear Custom Shades Giveaway Sweepstakes,1025 Prospect Street #350, La Jolla CA 92037.
Tampering with the entry process or the operation of the Sweepstakes is prohibited and any entries deemed by Sponsor, in its sole discretion, to have been submitted in any inappropriate manner will be void. Any abuse of this Sweepstakes, as determined by Sponsor in Sponsor’s sole discretion, may result in prohibition to participate in this or any future Sweepstakes.
Examples of abuse include, but are not limited to, multiple attempted entries, entering under someone’s name other than yourself, providing invalid contact information, providing false contact information, or any attempts to circumvent the random nature of this Sweepstakes. In the event a dispute regarding the identity of the individual who actually submitted an entry cannot be resolved to Sponsor’s satisfaction, the affected entry will be deemed ineligible.
Sweepstake Prize: Sponsor will draw at random from all valid Customer Entries (during the Sweepstakes Period) and award one each of one thousand (1,000) units of Blenders Eyewear sunglasses to the selected Customer Entries. Total approximate value of each individual prize (“Individual Prize Value”) is USD $20.00. The total approximate retail value of all of the prizes (“Total Prize Value”) is not to exceed USD $20,000. Each Customer Entry is only eligible to win one (1) prize.
The above described prizes are provided on an “as is” basis, without any warranty of any kind (the “Prize(s)”). No Prize is transferable. Prizes may not be redeemed for cash. Sponsor reserves for itself the right to substitute a Prize (or portion thereof) of equal or greater value if the advertised Prize (or portion thereof) becomes unavailable.
- WINNER SELECTION AND NOTIFICATION: The Sweepstakes drawing is anticipated to be conducted on or about July 31, 2017, at random, and from all eligible Customer Entries received throughout the Sweepstakes Period. Conduct of the Sweepstakes and the drawing are to be performed under the supervision of the Sponsor. Potential Prize winners will be notified by email or mail, whichever is deemed appropriate by the Sponsor, using the contact information provided at the time of entry. Sponsor shall have no liability for any potential prize winner notification that is lost, intercepted or not received by any potential prize winner for any reason. If, despite reasonable efforts, any potential prize winner does not respond within four (4) days of the first notification attempt, or if the prize notification is returned as unclaimed or undeliverable to such potential prize winner, such potential prize winner will be deemed to have forfeited his or her Prize and an alternate Entrant may be selected to receive that Prize. If any potential selected Entrant is found to be ineligible, or if he or she has not complied with these Official Rules or declines a prize for any reason prior to award, such potential Entrant will be disqualified and an alternate Entrant may be selected to receive the Prize. Sponsor may successively attempt to contact up to two (2) alternate Entrants in accordance with the above procedure, and if there is still no confirmed winner after such attempts have been made, the applicable Prize may go un-awarded.
- GENERAL PRIZE RESTRICTIONS/CONDITIONS: Each Prize winner shall be solely responsible for all federal, state and/or local taxes, and the reporting consequences thereof, sales tax, surcharges, service charges, delivery, processing and handling fees, and all other costs incurred in claiming the Prize. In addition to any other conditions of entry, any prize winner will be required to execute a publicity and photo release (collectively, “Prize Claim Documents”). If a Prize winner fails or refuses to sign and return all Prize Claim Documents within four (4) days of Prize notification, the winner may be disqualified and an alternate winner may be selected.
Entrants agree that Sweepstakes Entities: (A) shall not be responsible or liable for any losses, damages or injuries of any kind resulting from participation in the Sweepstakes or any Sweepstakes related activity, or from Entrants’ acceptance, receipt, possession and/or use or misuse of any Prize, and (B) have neither made or are in any manner responsible or liable for, and specifically disclaim to the greatest extent allowed by law, 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. Without limiting the generality of the foregoing, in addition to signing any release documents required by the Prize supplier or Sponsor:
Sponsor makes no warranties, and hereby disclaims any and all warranties, express or implied, concerning any Prize furnished in connection with the Sweepstakes. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SUCH PRIZES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND SPONSOR HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT.
- INDEMNIFICATION AND LIMITATION OF LIABILITY:
BY ENTERING THE SWEEPSTAKES, EACH ENTRANT AGREES TO INDEMNIFY, RELEASE AND HOLD HARMLESS THE SWEEPSTAKES ENTITIES, SPONSOR, WISE GULL, INC. DBA BLENDERS EYEWEAR, AND ALL THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS FROM ANY LIABILITY, DAMAGES, LOSSES OR INJURY RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM ENTRANT’S PARTICIPATION IN THE SWEEPSTAKES AND THE ACCEPTANCE OF ANY PRIZE THAT MAY BE WON. SPONSOR DOES NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, AS TO THE CONDITION, FITNESS OR MERCHANTABILITY OF ANY OF THE PRIZES. EACH ENTRANT AGREES TO EXECUTE ANY DOCUMENT CONTAINING THE TERMS AND CONDITIONS OF THESE OFFICIAL RULES.
THE SPONSOR AND ALL THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS DISCLAIM ANY LIABILITY FOR DAMAGE TO ANY COMPUTER OR SYSTEM RESULTING FROM ACCESS TO, OR THE DOWNLOAD OF, INFORMATION OR MATERIALS CONNECTED WITH THIS SWEEPSTAKES.
- PUBLICITY RELEASE: Acceptance of any Prize constitutes the prize winner's permission for the Sponsor to use prize winner's name, photograph, likeness, voice, biographical information, statements (collectively, the "Attributes"), for advertising, marketing, and/or any other publicity-related purpose worldwide and in all forms of media now known or hereafter devised, in perpetuity, without further compensation or authorization, (except where prohibited by law), and releases the Sponsor from all claims arising out of the use of such Attributes.
- DISQUALIFICATION/FORCE MAJEURE: Sponsor is not responsible for lost, late, mutilated, misdirected, illegible, incomplete, inaccurate, stolen, or postage due entry submissions or Prize notifications. Sponsor reserves the right in its sole discretion to disqualify any individual who is found to be tampering with the entry process or the operation of the Sweepstakes, to be acting in violation of these Official Rules, or to be acting in a disrespectful or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Sweepstakes, or to annoy, abuse, threaten or harass any other person or Sponsor, and Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. No mechanically reproduced, illegible, incomplete, forged, software-generated or other automated multiple entries will be accepted. Sponsor reserves the right to modify, extend, suspend, or terminate the Sweepstakes if it determines, in its sole discretion, that the Sweepstakes 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 Sweepstakes as contemplated herein. In the event an insufficient number of eligible entries are received and/or Sponsor is prevented from awarding Prizes or continuing with the Sweepstakes as contemplated herein by any event beyond its control, 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, or other cause not reasonably within Sponsor’s control (each a “Force Majeure” event or occurrence), then Sponsor shall have the right to modify, suspend, or terminate the Sweepstakes. If the Sweepstakes is terminated before the designated Sweepstakes Period, Sponsor will (if possible) select the winners in a random drawing from all eligible, non-suspect entries received as of the date of the event giving rise to the termination. Inclusion in such drawing shall be each Entrant’s sole and exclusive remedy under such circumstances. Only the type and quantity of Prizes described in these Official Rules will be awarded. These Official Rules cannot be modified or amended in any way except in a written document issued in accordance with law by a duly authorized representative of Sponsor. The invalidity or unenforceability of any provision of these rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
- GOVERNING LAW: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of Entrant and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the United States, City of San Diego, the State of California, without giving effect to any choice of law or conflict of law rules or provisions. Entrant agrees that: (1) any and all disputes, claims, and causes of action arising out of, or connected with, this Sweepstakes or any prizes awarded, shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate California state court in San Diego; (2) any and all claims, judgments and awards shall be strictly limited to actual out-of-pocket costs, but in no event including attorneys' fees, disbursements or court costs; and (3) under no circumstances will any Entrant be permitted to obtain awards for, and Entrant hereby waives all rights to claim, punitive, incidental and consequential damages, and any other damages, other than for actual out-of-pocket costs.
- WINNERS LIST/OFFICIAL RULES: To obtain a copy of these Official Rules and/or any legally-required winners list print this page or, send a self-addressed stamped envelope to: The 2017 Pura Vida Bracelets x Blenders Eyewear Custom Shades Giveaway Sweepstakes,1025 Prospect Street #350, La Jolla CA 92037. All such requests must be received by August 1, 2017.