WHALEBONE EVENT GIVEAWAY
PROMOTION OFFICIAL RULES
Effective from May 26, 2022 to June 5th, 2022
THE FOLLOWING ARE PROMOTION OFFICIAL RULES. PLEASE READ CAREFULLY.
1. HOW TO ENTER: Alpargatas USA, Inc. (dba ‘Havaiana’)s (“Sponsor”) is hosting this raffle (“Promotion”) using a form (“Form”) on the website platform located at www.havaianas.com, Instagram Stories, and Facebook lead ads (collectively the “Website”). These rules constitute the official rules for the Promotion (collectively, the “Official Rules”).
- a. The Promotion has an anticipated start date of May 26th, 2022 at 1pm PST and end time of June 5th, 2022 at 9:30 pm PST (which cannot be extended). An entry to the Promotion will consist of entering the information required on the Form as follows: (i) phone number and (ii) email address. Entries must be received during the Promotion Period. No purchase is necessary for Entry.
2. ELIGIBILITY: The Promotion is only open to legal residents of the fifty (50) United States or the District of Columbia, who are eighteen (18) years of age or older, at the time of entry. Employees of the Sponsor, its parent, and each of their respective divisions, affiliates, subsidiaries, advertising agencies and promotional partners associated with this Promotion, and relatives of and those living in the same household as such employees (whether legally related or not) are not eligible to enter. For the purpose of this Promotion, relatives are defined to include spouse, mother, father, in-laws, grandmother, grandfather, brother, sister, children and grandchildren. One entry per individual. Void where prohibited by law.
- a. Each qualified entry received by Sponsor in accordance with the Official Rules (“Qualified Entry”) will be entered for a chance to win the following: two (2) passes to attend the Surf Thing event hosted by Whalebone Magazine in Montauk NY. One (1) winner will be chosen randomly at the close of the promotion period and will receive an email notification. The email notification will announce that they are the winner and include confirmation information of two (2) passes. The two (2) passes may not be returned or exchanged in stores, by mail, online, or by any other means, and may not be resold. The two (2) passes are non-transferable and not redeemable for cash or cash equivalent, and have no cash value. Other exclusions may apply. Details of the offer are subject to change.
4. LIMITATION OF LIABILITY: EACH ENTRANT AGREES TO RELEASE, HOLD HARMLESS AND INDEMNIFY SPONSOR, INSTAGRAM, AND PARENT, AND THEIR RESPECTIVE DIVISIONS, SUBSIDIARIES, AFFILIATES, ADVERTISING, PROMOTION AND PUBLIC RELATIONS AGENCIES, AND THE RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS OF EACH OF THOSE PARTIES (COLLECTIVELY, “PROMOTION ENTITIES”) FROM ANY AND ALL LIABILITY WHATSOEVER, INCLUDING FOR INJURIES OR DAMAGES OF ANY KIND CAUSED BY ENTRANT’S PARTICIPATION IN THE PROMOTION, INCLUDING, WITHOUT LIMITATION, THE UNAUTHORIZED OR ILLEGAL ACCESS TO PERSONALLY IDENTIFIABLE OR SENSITIVE INFORMATION OR DEATH TO PERSONS OR DAMAGES TO PROPERTY RESULTING, IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM THE ACCEPTANCE, POSSESSION, USE OR MISUSE OF THE PROMOTION AND TRAVELING TO OR FROM ANY PROMOTION-RELATED ACTIVITY. PROMOTIONAL ITEMS ARE AS-IS WITHOUT ANY WARRANTY, REPRESENTATION OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT OR IN LAW, WHETHER NOW KNOWN OR HEREINAFTER ENACTED, RELATIVE TO THE USE OR ENJOYMENT OF THE PROMOTIONAL ITEMS, INCLUDING, WITHOUT LIMITATION, ITS QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
FURTHER, EACH ENTRANT UNDERSTANDS AND AGREES THAT ALL RIGHTS UNDER SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY OF THE UNITED STATES ARE HEREBY EXPRESSLY WAIVED BY HIM/HER. SECTION 1542 READS AS FOLLOWS:
“CERTAIN CLAIMS NOT AFFECTED BY A GENERAL RELEASE. A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
5. ADDITIONAL DISCLAIMERS: Promotion Entities are not responsible and/or liable for any of the following, whether caused by a Promotion Entity, the entrant or by human error: any lost, late, incomplete, illegible, mutilated, or misdirected entries, e-mail, mail, or Promotion-related correspondence or postage-due mail; any error, omission, interruption, defect, or delay in transmission or communication; viruses or technical or mechanical malfunctions; interrupted or unavailable cable or satellite systems; errors, typos or misprints in these Official Rules, in any Promotion-related advertisements or other materials; failures of electronic equipment, computer hardware or software; lost or unavailable network connections, or failed, incorrect, incomplete, inaccurate, garbled or delayed electronic communications or entry information. Promotion Entities are not responsible for electronic communications that are undeliverable as a result of any form of active or passive filtering of any kind, or insufficient space in an entrant's e-mail account to receive e-mail messages. Promotion Entities are not responsible, and may disqualify an entrant, if his or her e-mail address does not work or if it is changed without the entrant giving prior written notice to Sponsor. Promotion Entities are not responsible or liable to any entrant or to the winner or any person claiming through such winner for failure to supply the promotional items or any part thereof, by reason of any acts of God, any action, regulation, order or request by any governmental or quasi-governmental entity (whether or not the action, regulations, order or request proves to be invalid), equipment failure, threatened terrorist acts, terrorist acts, kidnapping, air raid, blackout, act of public enemy, earthquake, war (declared or undeclared), fire, flood, epidemic, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal) labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, vandalism, or any other cause beyond the Promotion Entities’ sole control.
6. LICENSE OF ENTRY MATERIAL AND REPRESENTATIONS AND WARRANTIES: Entrants agree that by participating in the Promotion and submitting the Material and any intellectual property in connection therewith, the Entrant grants to Sponsor and its affiliates the irrevocable, perpetual, worldwide license in and to the Material in all forms of media now known or later invented in connection with the advertising, promotion and marketing of Sponsor, Sponsor’s merchandise and including without limitation the publication of the Material on Sponsor’s social media channels, display media, email marketing, retail and websites. The license allows Sponsor and its affiliates to manipulate, alter, or combine the Material with any other intellectual property without any limitations on time or usage, including organic and paid efforts. Entrants hereby represent and warrant that they own or have valid permissions for this license of all intellectual property rights in and to all Material submitted in connection with the Promotion, including all names, pictures, likeness, voices, biographical data and any other information, and that Entrants indemnify Sponsor for Sponsor’s use of the Material in accordance with these Official Rules. Entrants hereby represent and warrant that all Material submitted inclusive of all video clips and photographs are original works created by submitter and may not include any recognizable third persons.
7. GENERAL RULES: By submitting an Entry (except where prohibited by law), winner’s consent to the use of their names, pictures, likenesses, voices, biographical data, and/or any information contained in their entry in advertising, promotion and marketing materials throughout the world, including on the Internet, by the Sponsor, its promotional partners and third-party marketing entities, without additional compensation, notice, review, or approval. Nothing contained in these Official Rules obligates Sponsor to make use of any of the rights granted herein and promotion recipients waive any right to inspect or approve any such use. Sponsor’s decisions will be final in all matters relating this Promotion, including interpretation of these Official Rules and awarding of the promotional items. All participants, as a condition of entry, agree to be bound by these Official Rules and the decisions of Sponsor. Failure to comply with these Official Rules may result in disqualification from this Promotion. Those who do not follow all of the instructions or provide the required information in their entry form, or abide by other instructions of Sponsor may be disqualified. Participants further agree to not damage or cause interruption of the Promotion and/or prevent others from participating in the Promotion. Sponsor reserves the right, in Sponsor’s sole discretion, to void entries of any entrants who Sponsor believes have attempted to tamper with or impair the administration, security, fairness or proper play of this Promotion. Sponsor’s failure to or decision not to enforce any provision in these Official Rules will not constitute a waiver of that or any other provision. If any Promotion is not capable of running as planned for any reason, Sponsor reserves the right, in Sponsor’s sole discretion, to cancel, modify or suspend the Promotion. Any person who supplies false information, obtains entries by fraudulent means or is otherwise determined to be in violation of these Official Rules in an attempt to obtain any promotion will forfeit any coupon provided and may be prosecuted to the full extent of the law. In the event of a dispute concerning who submitted an entry, the entry will be declared to have been made by the registered account holder of the username submitted at time of entry, but only if that person meets all other eligibility criteria. A registered account holder is defined as the natural person who is assigned to a username by Instagram. CAUTION: ANY ATTEMPT TO DAMAGE ANY ONLINE SERVICE OR WEB SITE OR UNDERMINE THE LEGITIMATE OPERATIONS OF THE PROMOTION VIOLATES CRIMINAL AND CIVIL LAWS. IF SUCH AN ATTEMPT IS MADE, SPONSOR MAY DISQUALIFY ANY PARTICIPANT MAKING SUCH ATTEMPT AND MAY SEEK DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW.
8. DISPUTES/GOVERNING LAW: Except where prohibited, as a condition of participating in this Promotion, each entrant agrees that any and all disputes that cannot be resolved between the entrant and any Promotion Entity, claims and causes of action arising out of or connected with this Promotion, or the determination of the winner must be resolved individually, without resort to any form of class action. Further, in any such dispute, under no circumstances will an entrant be permitted to obtain awards for, and hereby waives all rights to claim punitive, incidental or consequential damages, or any other damages, including attorneys’ fees, other than entrant’s actual out-pocket expenses (if any), not to exceed ten dollars ($10.00), and entrant further waives all rights to have damages multiplied or increased.
This Promotion and any dispute arising under or related thereto (whether for breach of contract, tortious conduct or otherwise) will be governed by the laws of the State of California without reference to its conflicts of law principles. Venue will be exclusively in the state or federal courts located in Los Angeles, California, and each entrant accepts and submits to the personal jurisdiction of these courts.
9. SPONSOR: Havaianas, located at 513 Boccaccio Ave, Venice - CA, 90291 – USA. Reference to third parties in connection with promotions and/or third party websites or services are for reference and identification purposes only and not intended to suggest endorsement, sponsorship or affiliation with Sponsor or the Promotion.
10. PLATFORM DISCLOSURES: Sponsor acknowledges that the Promotion and these Official Rules are not sponsored, endorsed, administered, or associated with the Giveaway site and the Promotion does not constitute an endorsement, partnership or association of any kind with Convert Kit. Entrants hereby release Giveaway site of any and all claims arising to or relating from the Promotion and these Official Rules as set forth herein.
11. MISCELLANEOUS: The invalidity or unenforceability of any provision of these Official Rules will not affect the validity or enforceability of any other provision. In the event that any provision of the Official Rules is determined to be invalid or otherwise unenforceable or illegal, the other provisions will remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. Sponsor’s failure to enforce any term of these Official Rules will not constitute a waiver of that provision. Entrants agree to waive any rights to claim ambiguity of these Official Rules. Headings are solely for convenience of reference and will not be deemed to affect in any manner the meaning or intent of the documents or any provision hereof