giveaway terms of & conditions sponsored by Azazie, Inc.
The rules for all giveaways conducted by Azazie, Inc. are as follows:
NO PURCHASE NECESSARY TO ENTER OR WIN. MAKING A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING.
GIVEAWAY ENTRY PERIODS
The Giveaway Period is stated in giveaways communications i.e. newsletter campaigns, social media posts, website postings etc. from the Sponsor.
Open to legal residents of the 50 United States and the District of Columbia, who are 18 years of age or older at the time of entry. *5/3/2019 - 5/5/2019 Instagram giveaway also eligible to legal residents of Canada, who are 18 years of age or older at the time of entry. Employees of Azazie, Inc. (the "Sponsor") and its respective parents, subsidiaries, affiliates, divisions, advertising and promotion agencies, and each of their respective officers, directors, shareholders, agents, employees, representatives, licensees, partners, associates, successors and assigns (collectively, "Giveaway Entities"), and the immediate family members of, and those living in the same household of each, are not eligible to enter.
Entries become the property of the Sponsor and will not be acknowledged or returned. In the event of a dispute, entries will be deemed to have been submitted by the Authorized Account Holder of the email address submitted at the time of entry. "Authorized Account Holder" means the natural person who is assigned to an email address by an Internet access provider, online service provider, or other organization that is responsible for assigning email addresses for the domain associated with the submitted email address. All entries become the property of the Sponsor and will not be returned or acknowledged. Entrants may not register with multiple email addresses nor may entrants use any other device or artifice to register multiple times or as multiple registrants. Any Participant who attempts to enter with multiple email addresses under multiple identities or uses any device or artifice to register/play multiple times will be disqualified and forfeits any and all prizes won, in Sponsor's discretion.
PRIZE/APPROXIMATE RETAIL VALUE (“ARV”)/ODDS
All prizes will be expressly stated by the Sponsor in giveaway communications i.e. newsletter campaigns, social media posts, website postings etc. from the Sponsor. All Azazie products included in prizes are standard size only and cannot be returned or exchanged. This is not valid for any past purchases and cannot be combined with other discounts or codes. This prize includes no other products or services. Sponsor will randomly select the prizewinner at the end of the Giveaway Period. All prize details are at the Sponsor's sole discretion. Odds of winning will depend upon the total number of eligible entries received.
If the winner is otherwise eligible under these Official Rules, but is nevertheless deemed a minor in his or her state of primary residence, the prize will be awarded in the name of winner's parent or legal guardian. If the prize notification is returned as undeliverable or if a selected winner cannot accept or receive the prize for any reason, or he/she is not in compliance with these Official Rules, then that winner will be disqualified and the corresponding prize will be forfeited and a new winner will be selected in a separate random drawing. Prize is non-assignable or transferable. No substitution is permitted except if prize is unavailable, in which case a prize of equal or greater value will be awarded. No exchange or substitution of prize, except at the sole discretion of the Sponsor. Any other incidental expenses of prize not specified herein are the winner’s sole responsibility. Winner is responsible for all federal, state, local and income taxes associated with the winning prize. Except where prohibited by law, entry and acceptance of prize constitute permission to use winner's name, prize won, home state, likeness, photographs, and statements for purposes of advertising, promotion and publicity (including online posting) in any and all media now or hereafter known throughout the world in perpetuity, without additional compensation, notification or permission. Winner acknowledges that the Sponsor and all other businesses affiliated with this Giveaway and their agents DO NOT MAKE, NOR ARE IN ANY MANNER RESPONSIBLE FOR ANY WARRANTY, REPRESENTATIONS, EXPRESSED OR IMPLIED, IN FACT OR IN LAW, RELATIVE THE QUALITY, CONDITIONS, FITNESS OR MERCHANTABILITY OF ANY ASPECT OF THE PRIZE BEING OFFERED EXCEPT THAT EACH MERCHANDISE PRIZE SHALL BE SUBJECT TO ITS MANUFACTURER’S STANDARD WARRANTY (IF ANY) AND THAT ALL PRIZES ARE AWARDED “AS IS.”
By theft or destruction or unauthorized access or alterations of entry materials, phone, electrical, network, computer, hardware, software program or transmission malfunctions, failures or difficulties. By participating and winning a prize, Winner releases Sponsor, its parent, affiliates, subsidiaries, directors, officers, employees, sponsors, and agents, including advertising and promotion agencies, from any and all liability with respect to the Giveaway or the acceptance, possession or use of any prize, including without limitation (i) any condition caused by events beyond Sponsor’s control that may cause the [Promotion/Contest Name] to be disrupted or corrupted; (ii) any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of the prize, or acceptance, possession, or use of the prize, or from participation in the [Promotion/Contest Name]; and (iii) any printing or typographical errors in any materials associated with the Giveaway. Sponsor’s decisions in all respects relative to the Giveaway are final. Sponsor reserves the right, in its sole discretion, to cancel, modify or suspend the Giveaway in whole or in part, in the event of fraud, technical or other difficulties or if the integrity of the Giveaway is compromised, without liability to the entrant. Sponsor reserves the right to disqualify any winner, as determined by Sponsor in its sole discretion. Void where prohibited or restricted by law. All federal, state, provincial and local regulations apply.
LEGAL WARNING: ANY ATTEMPT BY AN INDIVIDUAL, WHETHER OR NOT AN ENTRANT, TO DELIBERATELY INTERFERE WITH THE OPERATION OF THE GIVEAWAY, IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND DILIGENTLY PURSUE ALL REMEDIES AGAINST ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW
GOVERNING LAW / LIMITATION OF LIABILITY
This Giveaway shall be governed by, and construed in accordance with, the laws of the State of California, regardless of principles of conflicts of laws that may require the application of the laws of another jurisdiction. Any action or litigation concerning this Agreement shall take place exclusively in the federal or state courts sitting in San Jose, California, and each entrant expressly consents to the jurisdiction of and venue in such courts and waives all defenses of lack of jurisdiction and inconvenient forum with respect to such courts. Each entrant agrees to service of process by mail or other method acceptable under the laws of the State of California. ANY CLAIMS, JUDGMENTS AND/OR AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS ASSOCIATED WITH ENTERING THIS GIVEAWAY. ENTRANT HEREBY WAIVES ANY RIGHTS OR CLAIMS TO ATTORNEY’S FEES, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ENTRANT, WHETHER FORESEEABLE OR NOT AND WHETHER BASED ON NEGLIGENCE OR OTHERWISE. DISPUTES: BY ENTERING THE GIVEAWAYS, ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE GIVEAWAY, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED FIFTY DOLLARS ($50.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES NOT TO EXCEED FIFTY DOLLARS ($50.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) ENTRANTS’ REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.
Azazie, Inc., 148 East Brokaw Rd, San Jose, CA, 95112.