2018 Pura Vida Bracelets X tentree
tentree x Pura Vida Bracelets Sweepstakes Rules (the “Rules”)
This Sweepstakes is subject to all federal, state, provincial, and municipal laws.
NO PURCHASE NECESSARY TO ENTER OR WIN. MAKING A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. BY PARTICIPATING IN THIS SWEEPSTAKES, ENTRANTS AGREE TO BE BOUND BY THESE RULES.
SWEEPSTAKES ENTRY PERIOD: tentree x Pura Vida Bracelets (the “Sweepstakes”) begins at 7:00:00 AM Pacific Standard Time (“PST”) on Friday, August 17, 2018 and ends at 11:59:59 PM PST on Friday, August 24, 2018 (the “Sweepstakes Period”).
ELIGIBILITY: The Sweepstakes is open to legal residents of 44 of the 50 United States (excluding Alaska, Florida, Hawaii, Michigan, Rhode Island, and New York) and the District of Columbia, age 18 or older at the time of entry. Void in Alaska, Florida, Hawaii, Michigan, Rhode Island, New York, Guam, Puerto Rico, the U.S. Virgin Islands, outside the U.S. or Canada, and wherever else prohibited by law. Employees of Creative Genius Inc., doing business as “Pura Vida Bracelets” (“Pura Vida Bracelets”) and Ten Tree International Inc., doing business as “tentree”, located at 204-1945 Scarth St, Regina, SK S4P 2H1, Canada, (collectively, tentree and Pura Vida Bracelets shall be referred to as the "Sponsor"), and their respective subsidiaries, affiliates, advertising and promotion agencies, and the immediate family members of, and/or those living in the same household of each, are not eligible to enter. The Sweepstakes is subject to all applicable federal, state and local laws and regulations. Sponsor reserves the right to verify the eligibility of the winners.
HOW TO ENTER: During the Sweepstakes Period, visit https://www.tentree.com/
pages/instagram-contest and https://benjamin-clark.com/pages/pura-vida-x-ten-tree-giveaway. Follow all entry instructions to complete the entry form, including your name, email address and zip code, and submit (the “Entry”). Entries must be received between Friday, August 17, 2018 at 7:00:01 AM PST and Friday, August 24, 2018 at 11:59:59 PM PST. By entering the Sweepstakes, entrants are agreeing to receive email communications from Sponsor. Sponsor’s database clock will be the timekeeper for this Sweepstakes. Entrants are subject to all notices posted online including, but not limited to, the following Privacy Policies: https://www.tentree.com/pages/privacy-policy, and https://benjamin-clark.com/pages/privacy-policy.
ENTRY LIMIT: One (1) Entry total per person regardless of whether entrant has more than one email address. All entries become the property of the Sponsor and will not be acknowledged or returned.
Entrants will have the opportunity, but not the obligation, to share the Sweepstakes with others by publishing a post to their own Facebook page, tweet to their own Twitter account or pin to their own Pinterest board. Sweepstakes is in no way sponsored, endorsed or administered by, or associated with, Facebook, Inc., Instagram, Twitter, Inc., or Pinterest. Sharing this Sweepstakes on Facebook, Inc., Instagram, Twitter, Inc., Pinterest or any other unaffiliated website will not increase your odds of winning.
PRIZE/APPROXIMATE RETAIL VALUE (“ARV”)/ODDS: Two (2) Grand Prizes are available to be awarded in this Sweepstakes. Each Grand Prize includes:
One (1) USD $250.00 gift code to https://www.tentree.com
One (1) USD $250.00 gift code to https://benjamin-clark.com
One (1) USD $250.00 gift code to https://benjamin-clark.com
Total approximate value of each individual Grand Prize (“Individual Prize Value”) is USD $500.00. Taxes, fees, and gratuities are not included. Above described Grand Prizes are provided on an “as-is” basis, without any warranty of any kind. Grand Prizes are not transferable, or assignable, and may not be redeemed for cash. Odds of winning will depend upon the total number of eligible entries received.
RANDOM DRAWING: The two (2) Grand Prize winners will be selected in a random drawing on or about Monday, August 27, 2018 from among all eligible entries received during the Sweepstakes Period by the Sponsor, whose decisions are final.
WINNER NOTIFICATION: Grand Prize winners will be notified via email, and will be required to sign and return, within seven (7) days of notification, an Affidavit of Eligibility, a Liability Waiver, a W-9 Form and where allowable and required, and a Publicity Release (collectively, "the Releases"). These Releases will require each Grand Prize winner to furnish his/her Social Security Number for the sole purpose of tax reporting, as required by law. Non-compliance will result in disqualification and an alternate winner may be selected. The Grand Prize package(s) will be awarded within approximately forty-five (45) days after the winner is verified.
If a Grand Prize notification or Grand Prize is returned as undeliverable, or if winner is found to be ineligible or not in compliance with these Rules, or governing law, that winner will be disqualified, and the Grand Prize(s) may be awarded to an alternate winner in a separate random drawing. Only two (2) alternate winners may be determined through this process, after which the Grand Prize(s) will remain un-awarded.
No substitutions are permitted, except if Grand Prize is unavailable, in which case an alternative prize of equal or greater value will be awarded, at Sponsor’s sole discretion. Any other incidental expenses related to the Grand Prize not specified herein are the winner’s sole responsibility.
Grand Prize winner is responsible for all federal, state, local and income taxes associated with winning the Grand Prize or anything of value related to this Sweepstakes.
GENERAL: Although subsequent attempts to enter may be received, only the first complete entry received from a particular entrant will be eligible. Subsequent attempts by the same person to enter, including entries submitted with an alternate email address, will be disqualified.
Participating entrants agree to these Rules and the decisions of the Sponsor, and release the Sponsor, Facebook, Inc., Instagram, Twitter, Inc., or Pinterest and their affiliated companies, and all other businesses involved in this Sweepstakes, including advertisers, as well as the employees, officers, directors and agents of each, and including legal and financial advisors (the “Released Parties”), from all claims and liability (including all damages, losses, expenses and fees including reasonable attorney(s) fees) relating to participation in the Sweepstakes, including the acceptance and use/misuse of the Grand Prize offered. Winner assumes all liability for any injury or damage caused or claimed to be caused, by participation in this Sweepstakes or use/misuse or redemption of the Grand Prize(s). Sponsor is not responsible for any typographical or other error in the printing of the offer, administration of the Sweepstakes or in the announcement of the Grand Prize.
In the event of a dispute over the identity of an entrant, entry will be deemed submitted by the "Authorized Account Holder" of the e-mail address submitted at time of entry. Authorized Account Holder means the natural person who is assigned to an e-mail address by an Internet access provider, online service provider, or other organization that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. Sponsor may ask any entrant or potential winner to provide Sponsor with proof that such party is the Authorized Account Holder of the email address associated with the entry. Entry materials/data that have been tampered with or altered, or mass entries or entries generated by a script, macro or use of automated devices are void. The Released Parties are not responsible for: (i) lost, late, misdirected, damaged or illegible entries; or (ii) error, omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to or alterations of entry materials, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions of any kind, or inaccurate transmission of or failure to receive entry information by Sponsor on account of technical problems or traffic congestion on the Internet or at any web site or any combination thereof; or (iii) any injury or damage to entrant's or any other person's computer related to or resulting from participating in the Sweepstakes. By participating in the Sweepstakes, you agree to be bound by the decisions of Sponsor, which are final and binding in all matters relating to the Sweepstakes.
DISPUTES: Except where prohibited, entrant agrees that any and all disputes, claims and causes of action arising out of, or connected with, the Sweepstakes or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in the State of California. All issues and questions concerning the construction, validity, interpretation and enforceability of these Rules, entrant’s rights and obligations, or the rights and obligations of the Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of California without giving effect to any choice of law or conflict of law rules (whether of the State of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than State of California. The remedy for any claim shall be limited to actual damages, and in no event shall any party be entitled to recover punitive, exemplary, consequential, or incidental damages, including attorney’s fees or other such related costs of bringing a claim, or to rescind this agreement or seek injunctive or any other equitable relief.
THE PARTIES HEREBY WAIVE THEIR RIGHT TO JURY TRIAL WITH RESPECT TO ALL CLAIMS AND ISSUES ARISING OUT OF OR RELATING TO THIS AGREEMENT WHETHER SOUNDING IN CONTRACT OR TORT, AND INCLUDING ANY CLAIM FOR FRAUDULENT INDUCEMENT THEREOF.
INDEMNIFICATION AND LIMITATION OF LIABILITY: BY ENTERING THE SWEEPSTAKES, EACH ENTRANT AGREES TO INDEMNIFY, RELEASE AND HOLD HARMLESS THE SWEEPSTAKES ENTITIES, SPONSOR, 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 GRAND 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 GRAND PRIZES. EACH ENTRANT AGREES TO EXECUTE ANY DOCUMENT CONTAINING THE TERMS AND CONDITIONS OF THESE 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 Grand Prize constitutes the Grand Prize winner's permission for the Sponsor to use Grand 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 submissions or Grand 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 Rules, or to be acting in an un-sportsmanlike 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, 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 the Grand 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, locusts, frogs, 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 end date, Sponsor will (if possible) select the winner 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 the Grand Prizes described in these Rules will be awarded. If, for any reason, more bona fide winners come forward seeking to claim the Grand Prizes in excess of the number of each type of Grand Prize set forth in these Rules, the winners, or remaining winners, as the case may be, of the advertised number of Grand Prizes available in the Grand Prize category in question may be selected in a random drawing from among all persons making purportedly valid claims for such Grand Prize(s). These 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 Rules, or the rights and obligations of entrants and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the United States, and 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 Grand Prize(s) awarded, shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate California state court; (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.
SWEEPSTAKES RULES REQUEST: To request a copy of the Rules, visit https://benjamin-clark.com/pages/privacy-policy or send a stamped, self-addressed envelope (no later than August 24, 2018), to: tentree x Pura Vida Bracelets Sweepstakes Rules Request, 1025 Prospect Street #350, La Jolla CA 9203
WINNER CONFIRMATION: For a written confirmation of the winner (available after August 24, 2018) send a stamped, self-addressed envelope (no later than August 24, 2018), to: The tentree x Pura Vida Bracelets Sweepstakes Winner Confirmation Request, 1025 Prospect Street #350, La Jolla CA 92037.
SPONSOR: Creative Genius Inc., doing business as “Pura Vida Bracelets”, located at 1025 Prospect Street #350, La Jolla CA 92037, and Ten Tree International Inc., doing business as “tentree”, located at Unit 200 - 144 West 5th Ave., Vancouver, BC, V5Y 1H7, Canada