Terms & Conditions: Driftward & Paradise Social Giveaway
Driftward x Paradise Sweepstakes Official Rules
NO PURCHASE NECESSARY. A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING.
Information on how to enter, the prizes, and rules for redeeming the prizes form part of the terms and conditions of entry for the Driftward Sweepstakes (the “Sweepstakes”). Participation in the Sweepstakes is deemed acceptance of these “Official Rules” (“Official Rules”) and any other notices referenced herein. In these Official Rules, the term “you” refers to any person who enters, or who wishes to enter, the Sweepstakes.
The Sweepstakes is sponsored by Driftward, 200 N. Pacific Coast Hwy., Suite 110, El Segundo, CA 90245 (“Sponsor”).
The Sweepstakes is open to legal residents of the 48 contiguous United States and the District of Columbia, who are at least 18 years of age or older as of the date of entry, and who otherwise meet the requirements set out in these Official Rules. Employees of Sponsor or other participating brands, their owners, affiliated companies, parents, subsidiaries, officers, directors, contractors, and advertising and promotion agencies, suppliers, and their immediate family members (spouses, parents, siblings, children) and/those living in their households are ineligible to participate in this Sweepstakes.
3.AGREEMENT TO RULES:
By participating, you agree unconditionally to be bound by these Official Rules, and you represent and warrant that you meet the eligibility requirements set forth herein. In addition, you agree to accept the decisions of the Sponsor as final and binding as it relates to the Sweepstakes. Winning a prize is contingent upon fulfilling all requirements set forth herein.
The Sweepstakes begins on Friday, April 30, 2021 at 9:00 a.m. Pacific Standard Time (“PST”) and ends on Tuesday, May 4, 2021 at 11:59 p.m. PST (the “Sweepstakes Period”). Sponsor’s computer is the official time-keeping device for the Sweepstakes.
5.HOW TO ENTER SWEEPSTAKES:
To enter, you must first “follow” the Driftward Instagram account (@Driftward) and the Paradise Instagram account (@paradise). Then, you must visit @paradise during the Sweepstakes Period and (i) like the post announcing the Sweepstakes, and (ii) tag a friend in the comments of the post announcing the Sweepstakes. You can gain a bonus entry by reposting your favorite Driftward Instagram post in your Instagram Story and tagging @Driftward. A link to the online entry form will be provided in the bio of Sponsor’s Instagram page. The entry must fulfill all Sweepstakes requirements, as specified, to be eligible to win a prize. Entries that are not complete or do not adhere to the Official Rules or specifications may be disqualified at the sole discretion of Sponsor. Unfinished entries will not be acknowledged. Sponsor is not responsible for lost, late, damaged, delayed, invalid, unintelligible or misdirected entries all of which will be ineligible to win a prize. You may not enter more times than indicated by using multiple email addresses, identities, or devices in an attempt to circumvent the Official Rules. If you use fraudulent methods or otherwise attempt to circumvent the Official Rules your submission may be removed from eligibility at the sole discretion of Sponsor. In the event of a dispute over who submitted an entry, the entry will be deemed submitted by the authorized account holder of the Instagram account submitted at time of entry. “Authorized account holder” is defined as the natural person who is assigned to an Instagram account by an Internet access provider, on-line service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning Instagram account.
IMPORTANT NOTE: Standard text messaging, data, and/or other rates may apply to participants who enter the Sweepstakes via a wireless mobile device. Please contact your service provider for pricing and service plan information and rates before mobile device participation.
6.WINNER SELECTION AND NOTIFICATION:
The Sweepstakes consists of one (1) individual drawing in which one (1) winner will be randomly selected on Wednesday, May 5, 2021 from among all eligible entries received during the Sweepstakes Period. Winner must still be a follower of Sponsor at the time of the drawing to remain eligible for the prize. The random drawing will take place under the supervision of the Sponsor. Winner will be notified via direct message on Instagram within three (3) business days following the winner selection. Sponsor shall have no liability for a winner's failure to receive notices due to winner’s spam, junk e-mail, or other security settings or for winner’s provision of incorrect or otherwise non-functioning contact information. If the selected winner cannot be contacted, is ineligible, fails to claim the prize within seven (7) days from the time the award notification was sent, or fails to timely return a completed and executed declaration and releases as required and by the date specified by Sponsor, prize may be forfeited and an alternate winner selected. The winner may be required to execute an Affidavit of Eligibility, a Liability Release and a Publicity Release (“Affidavit/Release”). The receipt by winner of the prize offered in this Sweepstakes is conditioned upon compliance with any and all federal and state laws and regulations. Potential winner is subject to verification by Sponsor. ANY VIOLATION OF THESE OFFICIAL RULES BY ANY WINNER (AT SPONSOR'S SOLE DISCRETION) WILL RESULT IN SUCH WINNER'S DISQUALIFICATION AS WINNER OF THE SWEEPSTAKES AND ALL PRIVILEGES AS WINNER WILL BE IMMEDIATELY TERMINATED.
One (1) winner will win a $315 gift card to Driftward.com. Actual/appraised value may differ at time of prize award. The specifics of the prize shall be determined by Sponsor in its sole discretion. No cash or other prize substitution permitted except at Sponsor's discretion. The prize is non-transferable. Any and all prize related expenses, including without limitation any and all federal, state, and/or local income and withholding taxes shall be the sole responsibility of the winner. If after acceptance of the prize, Winner moves and is no longer located in a zip code that satisfies the eligibility requirements of these Official Rules, Winner shall forfeit the prize. No substitution of prize or transfer/assignment of prize to others or request for the cash equivalent by winners is permitted. Acceptance of prize constitutes permission for Sponsor to use winner's name, likeness, and entry for purposes of advertising and trade without further compensation, unless prohibited by law. Winner must redeem the prize within six (6) months of being awarded.
The odds of winning depend on the number of eligible entries received.
9.RIGHTS GRANTED BY YOU:
By entering this Sweepstakes you understand that Sponsor, anyone acting on behalf of Sponsor, or its respective licensees, successors and assigns will have the right, where permitted by law, without any further notice, review, or consent to print, publish, broadcast, distribute, and use, worldwide in any media now known or hereafter in perpetuity and throughout the World, your entry, including, without limitation, the entry and winner's name, or statements about the Sweepstakes, advertising, public relations and promotional purposes without any further compensation. By entering the Sweepstakes, you expressly agree and understand that your email address may be included in email lists for Sponsor. You can opt out of receiving these communications at any time by clicking the unsubscribe link in Sponsor’s newsletter and/or emails.
In the event that the operation, security, fairness, or administration of the Sweepstakes is impaired in any way, including, but not limited to, a virus, bugs, non-authorized human intervention, fraud, technical problem, or other causes beyond Sponsor’s control, including but not limited to, fire, flood, epidemic, earthquake, explosion, labor disputes or strike, act of God or public enemy, riot or civil disturbance, war (declared or undeclared), terrorist threat or activity, or any federal, state, or local government law, order or regulation, or order of any court or jurisdiction, Sponsor may, in its sole discretion (a) suspend the Sweepstakes to address the impairment and then resume the Sweepstakes in a manner that best conforms to the spirit of these Official Rules; or (b) award the prizes at random among the eligible entries received up to the time of the impairment. Sponsor reserves the right in its sole discretion to disqualify any individual who tampers or attempts to tamper with the entry process, the operation of the Sweepstakes, violates these Official Rules, or acts in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately damage or undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil laws and should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Failure by Sponsor to enforce any term of these Official Rules shall not constitute a waiver of that provision. Proof of sending any communication to Sponsor by mail shall not be deemed proof of receipt of that communication by Sponsor. The Sweepstakes is subject to federal, state, and local laws and regulations and is void where prohibited.
11.RELEASE AND LIMITATION OF LIABILITY:
By entering this Sweepstakes, you agree to release and hold harmless Sponsor and its parent companies, subsidiaries, affiliates, respective officers, directors, employees and agents, advertising and promotion agencies, partners, representatives, agents, successors, and assigns (the “Released Parties”) from and against any claim or cause of action whether caused by negligence or not, arising out of participation in the Sweepstakes or receipt or use of any prize, including, but not limited to (i) liability, illness, injury, death, loss, litigation or damage that may occur, directly or indirectly, from participation in the Sweepstakes or receipt of or use of any prize (ii) technical failures of any kind, including but not limited to the malfunctioning of any computer, cable, network, hardware, software, servers, or providers; (iii) the unavailability or inaccessibility of any transmissions or telephone or Internet service; (iv) unauthorized human intervention in any part of the entry process or the Sweepstakes; (v) electronic or human error which may occur in the administration of the Sweepstakes or the processing of entries; (vi) printing errors; or (vii) incomplete, illegible, lost, late, postage-due, misdirected, stolen, or undeliverable mail, including postage due prize notifications. You further agree that Sponsor has made no warranty, representation, or guarantee, express or implied, in fact or in law, with respect to any prize, including, without limitation, to the prize’s quality or fitness for a particular purpose.
12.GOVERNING LAW AND JURISDICTION:
All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, your 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, including its choice of laws provision. Subject to Section 13, below, you agree and submit to the exclusive jurisdiction of the state or federal courts in Los Angeles, California in any action or proceeding arising out of or relating to this Sweepstakes.
By participating in this Sweepstakes, each entrant agrees: (i) that any and all disputes the entrant may have with, or claims entrant may have against the Released Parties relating to, arising out of or connected in any way with (a) the Sweepstakes, (b) the awarding or redemption of any prize, and/or (c) the determination of the scope or applicability of this agreement to arbitrate, will be resolved exclusively by final and binding arbitration administered by JAMS and conducted before a sole arbitrator in accordance with the rules of JAMS; (ii) this arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16; (iii) the arbitration shall be held in Los Angeles, California; (iv) the arbitrator’s decision shall be controlled by the terms and conditions of these Official Rules and any of the other agreements referenced herein that the applicable entrant may have entered into in connection with the Sweepstakes; (v) the arbitrator shall apply California law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (vi) there shall be no authority for any claims to be arbitrated on a class or representative basis, arbitration can decide only entrant’s and/or Sponsor’s individual claims; the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (vii) the arbitrator shall not have the power to award punitive, consequential, indirect, or incidental damages against the entrant or Sponsor and recovery shall be limited to monetary damages actually suffered; and (viii) with the exception of subpart (vi) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the rules of JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (vi) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither entrant nor Sponsor shall be entitled to arbitrate their dispute. For more information on JAMS and/or the rules of JAMS, visit their website at www.jamsadr.com.
To request a copy of the winners’ list or a copy of the Official Rules, please mail your request along with a stamped, self-addressed envelope to: Driftward, 200 N. Pacific Coast Hwy., Suite 110, El Segundo, CA 90245 or send an email with your request to firstname.lastname@example.org. Requests must be received within seven (7) days of the end of the Sweepstakes Period.