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Refer-a-friend Terms and Conditions:
2016 SAN DIEGO TRIP SWEEPSTAKES RULES
OFFICIAL RULES NO PURCHASE NECESSARY TO ENTER OR WIN. VOID WHERE PROHIBITED BY LAW OR REGULATION. 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. THIS SWEEPSTAKES IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH, INSTAGRAM, FACEBOOK OR TWITTER.
SWEEPSTAKES DESCRIPTION: The 2016 Pura Vida Trip to San Diego Sweepstakes (the “Sweepstakes”) begins on September 1, 2016 at 8:00 AM Pacific Standard Time and ends on 5:00 PM September 30, 2016 (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 (1) Grand Prize winner and three runners-up. By participating in the Sweepstakes, each entrant 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 final and legally binding in all respects.
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, and 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. All entries submitted are the property of the Sponsor. 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.
HOW TO ENTER: There is one (1) way to enter this Sweepstakes:
Advocate (Existing Pura Vida Customer) will share the link (“Sweepstakes Link”) via e-mail, Facebook, contest link, SMS or other social media outlet. Advocate may share the link with an Existing Customer (defined as a customer that is already within the Pura Vida database and has previously purchased from Pura Vida) or with a New Customer (a customer that did not previously exist in the Sponsor’s database and has not made a purchase from Sponsor prior to September 1, 2016). If the Advocate shares the Sweepstakes Link with an Existing Customer then the Existing Customer will be sent a promotional code that will allow them to receive 25% off the total value of a purchase of USD $40 or more. If the Advocate shares the Sweepstakes Link with a New Customer, the New Customer will be sent a promotional code that will allow them to receive 50% off the total value of a purchase of USD $40 or more.
Advocate will receive one referral credit for each Successful Referral. A “Successful Referral” is defined as a referral of a New Customer or Existing Customer that redeems the promotional code that is sent to them via the Sweepstakes Link. An Existing Customer that simply makes a purchase during the Sweepstakes Period but does not utilize the Sweepstakes Link is ineligible to receive referral credit. Each Successful Referral (which will be verified by using anti-fraud
technology, and Pura Vida’s customer service team) during the Sweepstakes Period will then be credited for an entry to the Advocate. The Advocate will receive one (1) entry into the prize drawing for the Grand Prize and runners-up prizes per Successful Referral. The Advocate is limited to 15 Successful Referrals during the Sweepstakes Period.
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 the rescission of the referring customer’s referral credit and the referred person’s promotional code as well as both parties’ prohibition to participate in this or future Sweepstakes. Examples of abuse include, but are not limited to, posting referral offers on discount and deal sites, attempting to refer yourself through the creation of multiple accounts, or attempting to circumvent tracking features implemented to prevent gaming or side-stepping of the referral program. 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. Referral credits cannot be applied to previous purchases, and are not redeemable for cash. This referral program is subject to modification or termination at any time without notice in Sponsor’s sole discretion.
Sweepstake Grand Prize: Sponsor will draw at random from all Successful Referrals (during the Sweepstakes Period) and award one (1) Advocate with a gift card through a travel agency or booking site of Sponsor’s choice in an amount no greater than USD $1,000 to be applied towards travel expenses for the winner to travel to San Diego. Total approximate retail value of the Grand Prize package (the “Grand Prize”) not to exceed USD $1000. The winner of the Grand Prize is ineligible to win any additional prizes.
First Runner-Up Prize: Sponsor will provide Advocate with the most Successful Referrals during the Sweepstakes Period with a gift card or promotional code for USD $250 via e-mail for redemption at www.puravidabracelets.com. Total retail value of the First Runner Up Prize package is not to exceed USD $250. The winner of the First Runner-Up Prize is ineligible to win any additional prizes.
Second Runner-Up Prize: Sponsor will provide Advocate with the second most Successful Referrals during the Sweepstakes Period with a gift card or promotional code for USD $100 via e-mail for redemption at www.puravidabracelets.com. Total retail value of the Second Runner Up Prize package is not to exceed USD $100. The winner of the Second Runner-Up Prize is ineligible to win any additional prizes.
Third Runner-Up Prize: Sponsor will provide Advocate with the third most Successful Referrals during the Sweepstakes Period with a gift card or promotional for USD $50 via e-mail for redemption at www.puravidabracelets.com. Total retail value of the Third Runner Up Prize package is not to exceed USD $50. The winner of the Third Runner-Up Prize is ineligible to win any additional prizes.
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 the right to substitute a Prize (or portion thereof) of equal or greater value if the advertised Prize (or portion thereof) becomes unavailable. Advocates are only eligible to win one (1) prize.
WINNER SELECTION AND NOTIFICATION: The Sweepstakes drawing is anticipated to be conducted on or about October 1, 2016, at random, and from all eligible 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 phone and/or by email or mail or express 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 forfeit his or her Prize and an alternate winner may be selected. If any potential prize winner 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 winner will be disqualified and an alternate prize winner may be selected. Sponsor may successively attempt to contact up to two (2) alternate potential winners 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: 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. Any prize winner will be required to execute an a publicity and photo release and IRS W-9 form (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 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, (C) Sponsor shall not be responsible for any costs or expenses related to the trip to San Diego beyond the $1,000 prize amount. The Grand Prize winner shall be responsible for any and all costs associated with the trip in excess of the $1000 Prize allocation. Without limiting the generality of the foregoing, in addition to signing any release documents required by the Prize supplier or its designee:
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, TALKTABLE, INC., 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 AND 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 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, 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, 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 Prizes described in these Official Rules will be awarded. If, for any reason, more bona fide winners come forward seeking to claim Prizes in excess of the number of each type of Prize set forth in these Official Rules, the winners, or remaining winners, as the case may be, of the advertised number of Prizes available
in the Prize category in question may be selected in a random drawing from among all persons making purportedly valid claims for such Prize(s). 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.
9. GOVERNING LAW: All issues and questions concerning the construction, validity, interpretation and enforceability of these official 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, 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; (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.
10. 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:
Win 2016 Trip to San Diego Sweepstakes, C/O Pura Vida Bracelets, 1025 Prospect Street #350, La Jolla CA 92037. All such requests must be received by October 1, 2016.