OFFICIAL SWEEPSTAKES RULES
THE SWEEPSTAKES OFFICIAL RULES
NO PURCHASE OR PAYMENT REQUIRED TO ENTER OR WIN.
SWEEPSTAKES VOID WHERE PROHIBITED.
The details of the prize and how to enter the Sweepstakes are contained in these Official Rules.
ELIGIBILITY. The #SMIZIECHALLENGE (the “Sweepstakes”) is only open to legal residents of California, who are at least 13 years old at the time of entry. Void outside California and where prohibited or restricted by law, rule or regulation. Employees of The Source at Beach, LLC. (“Sponsor”), any companies or prize providers associated with this Sweepstakes, and each of their respective parent companies, affiliates, subsidiaries, advertising or promotion agencies are not eligible, nor are members of these employees' families (defined as parents, children, siblings, spouse, and life partners). Proof of residency and age may be required. If you are a deemed a minor in your state of residence (“Minor”), you must have the consent of your parent or legal guardian to participate in this Promotion. Proof of consent may be required at any time.
The Sweepstakes is subject to all applicable federal, state, and local laws, rules, and regulations
TIMING. The Sweepstakes begins at 12:00 P.M. California Time on September 02, 2020 and ends at 6:00 P.M. California Time on September 15, 2020 (“Promotion Period”). Entries received before or after the Promotion Period are disqualified.
TO ENTER. To enter the Sweepstakes, Entrant must be a registered user of Instagram with a non-private Instagram account , be a follower of @thesourceoc The Source account and have the ability to accept direct messages from the Sponsor. There is one (1) way to enter the Sweepstakes during the Promotion Period: post a photo, tag #smiziechallenge and @thesourceoc in Instagram. No other method of entry will be accepted. Multiple entries are permitted per person.
Use of the Entry Hashtag and entry of a Submission into the Sweepstakes constitutes Entrant’s understanding of, full and unconditional agreement to, and acceptance of these Official Rules. Sponsor’s decisions are final in all matter relating to this Sweepstakes. Sponsor reserves the right to disqualify any Entrant that Sponsor determines to be in violation of any term contained in these Official Rules. Sponsor’s decision not to enforce a specific provision of these Official Rules does not constitute a waiver of that provision or of the Official Rules generally. All information provided by Entrants becomes the property of Sponsor. ELIGIBLE ENTRANTS MUST ENTER IN ACCORDANCE WITH THESE OFFICIAL RULES. NO OTHER METHOD OF SUBMISSION WILL BE ACCEPTED.
Submissions must NOT contain material which is (or promoting activities which are) sexually explicit, obscene, pornographic, violent, self-mutilating (e.g., relating to murder, the sales of weapons, cruelty, abuse, etc.), discriminatory (based on race, sex, religion, natural origin, physical disability, sexual orientation or age), illegal (e.g. underage drinking, substance abuse, computer hacking, etc.), offensive, threatening, profane, or harassing; or material that contains any derogatory references to any Promotion Entities; Submission must NOT include any copyrighted media production, or references to films, music, books, television programming, etc., or contain any identifying descriptions of any media property; Submission must NOT include the names and/or likenesses of individuals other than the Entrant without the individual’s written consent.
Sponsor reserves the right, in its sole discretion, to disqualify any Submission that is ineligible, incomplete, non-compliant or otherwise objectionable. Each entrant hereby agrees to indemnify and hold the Sweepstakes Entities and their successors and assigns harmless from and against any and all third party claims, actions or proceedings of any kind and from any and all damages, liabilities, costs and expenses relating to or arising out of any breach or alleged breach of any of the warranties, representations, covenants or obligations of entrant hereunder. Without in any way limiting the effect of the rest of these Official Rules, any entrant who incorporates any intellectual property owned by a third party into his or her entry without permission does so at his or her own risk.
USE OF DATA. Sponsor will be collecting personal data about participants (including, without limitation, name, gender, age, e-mail addresses) when they enter the Sweepstakes. Entrants grant to the Sponsor, and the Sponsor reserves, the right to use any and all information related to the Sweepstakes, including information provided by entrants in connection with the Sweepstakes, for any purpose, unless prohibited by law. Entrants may be required to sign a release, which grants the Sponsor the right to use and publish their proper name online or in any other media in connection with the Sweepstakes. By entering, participants release and hold harmless the Sponsor, its respective parents, subsidiaries, affiliates, directors, officers, employees, and agents from any and all liability for any injuries, loss or damages of any kind arising from or in connection with the Sweepstakes, Sponsor’s website, Sponsor’s Instagram Page or any prize won.
AGREEMENT TO OFFICIAL RULES. Participation in the Sweepstakes constitutes entrant's full and unconditional agreement to and full acceptance of these Official Rules and to be contacted by telephone and/or email. Odds of winning depend on the total number of eligible entries received during the Promotion Period.
SELECTION OF POTENTIAL WINNER. Winners (“Winner”) will be selected randomly as follows:
09/02/2020 (WED) - 09/15/2020 (TUE) - Fifty (50) Winners at first come first served basis, until supplies last.
The Winner will be contacted via Instagram direct message at the time of Winner selection. Sponsor's decisions as to all matters related to administration of the Sweepstakes and selection of the Winner are final. The Potential Winner must comply with all terms and conditions set forth in these Official Rules, and winning and award of prize is contingent upon fulfilling all requirements.
Fifty (50) Winners – (1) face mask each from K-PLACE each (first come, first served basis - until supplies last)
Winner will claim Prize from each store location, by providing Full Name with ID and Instagram handle. Restrictions may apply. No cash alternatives or prize substitution is allowed except at the discretion of the Sponsor. No refunds, credits or exchanges are allowed. The prize is awarded without warranty of any kind, express or implied, without limitation. Neither sponsor nor Administrator will replace any lost or stolen item.
RESTRICTIONS: Any and all costs and expenses associated with the Prize acceptance and use not otherwise specified herein as being provided, including, without limitation, any Prize transportation costs; gratuities; parking; taxes; tips or any other expenses of a personal nature, are the sole responsibility of the Winner. The Winner is fully responsible for any and all applicable federal, state, and local taxes (including, without limitation, income and withholding taxes). Except where otherwise expressly noted in these Official Rules, the selection of all vendors, prizes, products, and services is subject to the Sponsor’s sole and absolute discretion. Prizes (and/or any portion thereof) are nontransferable and non-exchangeable. No refunds or credit for changes are allowed. No substitutions or cash redemption of any Prize is permitted except that Sponsor retains the right to substitute a prize of equal or greater retail value (or at Sponsor's election, the cash value of the applicable prize). Additional restrictions may apply.
WAIVER OF LIABILITY/PUBLICITY RELEASE. The Winner must execute and return to Sponsor an Affidavit of Eligibility/Release of Liability, Publicity (“Affidavit”) provided by Sponsor and if requested, a W9, prior to receipt of Prize. Noncompliance within this time period may result in disqualification, and an alternate winner may be selected. Return of any Prize notification as undeliverable may result in disqualification and selection of an alternate winner. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE PRIZE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND THE RELEASEES (DEFINED BELOW) HEREBY DISCLAIM ALL SUCH WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT.
GENERAL CONDITIONS. The Sweepstakes is governed by the laws of the United States and the State of California, excluding conflicts of laws principles. All federal, state and local laws and regulations apply. Sweepstakes void where prohibited. Sweepstakes may only be entered in or from United States and entries originating from any other jurisdiction are not eligible for entry.
Except where prohibited by law, the Winner grants to Sponsor and its advertising agencies the right to use and publish Winner's photo, proper name, likeness, voice, opinions, biographical information and state in any media to promote the Sweepstakes without additional compensation.
By entering, you release, indemnify and hold harmless Sponsor, any companies or prize providers associated with this Sweepstakes and each of its and their respective parent companies, subsidiaries, affiliates, owners, members, shareholders, directors, officers, employees and agents (each a “Releasee” and collectively the, “Releasees”) from any and all liability for any injuries, loss or damage of any kind, including death, arising from or in connection with the Sweepstakes or receipt or use and/or misuse of any Prize.
Sponsor reserves the right to cancel or modify the Sweepstakes if fraud or any other factor impairs the integrity of the Sweepstakes as determined by Sponsor in its sole discretion.
If, in Sponsor’s opinion, there is any suspected or actual evidence of tampering with any portion of the Sweepstakes, or if technical difficulties compromise the integrity of the Sweepstakes, Sponsor reserves the right in its sole discretion to void any entries at issue (including disqualifying any individual who tampers or otherwise interferes with the entry process), and to cancel, terminate, modify or suspend the Sweepstakes, in whole or in part, at any time without notice. In the event of such cancellation, Sponsor reserves the right to award prize in a random drawing from all eligible entries received before the time of cancellation. Sponsor in no way promote illegal acts, and any and all entries which include or promote illegal acts will be disqualified.
Sponsor assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, theft or destruction, or alteration of, entries.
CAUTION: ANY ATTEMPT BY AN ENTRANT 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, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
Participants in the Sweepstakes hereby consent to the exclusive jurisdiction and venue of California courts (state and federal) in Orange County for any causes or controversies arising out of the sweepstakes. Winner waives any and all objections to jurisdiction and venue in these courts. Entrants hereby agree that any and all disputes, claims, causes of action, or controversies (“Claims”) arising out of or in connection with this Sweepstakes shall be resolved, upon the election by entrant or Sponsor, by arbitration pursuant to this provision and the code of procedures of either the National Arbitration Forum (“NAF”) or the American Arbitration Association (“AAA”), as selected by the entrant. IF ARBITRATION IS CHOSEN BY ANY PARTY WITH RESPECT TO A CLAIM, NEITHER PARTY WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM IN COURT OR HAVE A JURY TRIAL ON THAT CLAIM. FURTHER, NEITHER SPONSOR NOR ENTRANT WILL HAVE THE RIGHT TO PARTICIPATE IN A REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC OR OTHER PERSONS SIMILARLY SITUATED, OR AS A MEMBER OF ANY CLASS OF CLAIMANTS PERTAINING TO ANY CLAIM SUBJECT TO ARBITRATION. EXCEPT AS SET FORTH BELOW, THE ARBITRATOR’S DECISION WILL BE FINAL AND BINDING. NOTE THAT OTHER RIGHTS THAT ENTRANT WOULD HAVE IF ENTRANT WENT TO COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION. The arbitrator’s authority to resolve Claims is limited to Claims between Sponsor and entrant alone, and the arbitrator’s authority to make awards is limited to awards to Sponsor and entrant alone. Furthermore, claims brought by either party against the other may not be joined or consolidated in arbitration with Claims brought by or against any third party, unless agreed to in writing by all parties. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration.
WINNER’S LIST. Requests for Sweepstakes results and/or a copy of these Official Rules must be received no later than thirty (30) days following the completion of the Promotion Period, and may be obtained by sending a self-addressed, stamped envelope to: "SMIZIE CHALLENGE SWEEPSTAKES, c/o Marketing Department, PO Box 649, Buena Park, CA 90621.
SPONSOR: The Source at Beach, LLC, PO Box 649, Buena Park, CA 90621
This Sweepstakes is in no way sponsored, endorsed or administered by Instagram. Instagram is completely released of all liability by each Entrant in this Sweepstakes. You understand that you are providing your information to Sponsor and not to Instagram.