TERMS & CONDITIONS: OFFICIAL RULES – Mejuri and Poolside and Sol de Janeiro
TERMS AND CONDITIONS / OFFICIAL RULES
Mejuri x Poolside x Sol de Janeiro
THESE RULES ARE THE STANDARD TERMS AND CONDITIONS APPLICABLE TO THE CONTESTS AND GIVEAWAYS (COLLECTIVELY THE “CONTESTS”) ADMINISTERED BY MEJURI INC. AND ITS AFFILIATES AND SUBSIDIAIRIES. THE CONTESTS ARE INTENDED TO BE CONDUCTED IN THE PROVINCE OF ONTARIO ONLY AND SHALL BE CONSTRUED AND EVALUATED ACCORDING TO APPLICABLE CANADIAN LAW. NO PURCHASE IS NECESSARY. VOID IN WHOLE OR IN PART WHERE PROHIBITED BY LAW. ENTRY IN THE CONTESTS CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS / OFFICIAL RULES. THESE RULES ARE SUBJECT TO CHANGE WITHOUT NOTICE IN ORDER TO COMPLY WITH ANY APPLICABLE LAWS.
The Contest begins at 12 PM Eastern Time (“ET”) on June 26th, 2020 and ends at 11:59:59 p.m. ET on June 28th, 2020 (the “Contest Period”). Entrants agrees to be bound by these Official Rules and to abide by and be bound by all decisions of the Mejuri entity sponsoring this contest (the “Sponsor”), which shall be final and binding, in all matters relating to this Contest and the awarding of the prizes, including without limitation eligibility and/or disqualification of entries.
The Contest is open to legal residents of Canada (excluding Quebec) and the 50 United States (and the District of Columbia) who have reached the age of majority in their province, territory or state of residence as of the date of entry, and must have a valid Facebook, Twitter, Pinterest or Instagram account at the time of entry. The Sponsor, and its officers, directors, employees, agents and representatives, and each of their respective parents, subsidiaries, affiliates, distributors, sales representatives, advertising and promotion agencies (collectively, the “Promotion Entities”), and members of any immediate families (defined as parents, siblings, children and spouses, regardless of where they live) or households (whether or not related) of such officers, directors, employees, agents and representatives are excluded from eligibility. The Sponsor shall have the right at any time to require proof of identity and/or eligibility to participate in the Contest. Failure to provide such proof may result in disqualification. All personal and other information requested by and supplied for the purpose of the Contest must be truthful, complete, accurate and in no way misleading. The Sponsor reserves the right, in its sole discretion, to disqualify any entrant should such an entrant at any stage supply untruthful, incomplete, inaccurate or misleading personal details and/or information.
How to Enter
NO PURCHASE NECESSARY. Internet access and valid email address required. To obtain one (1) entry, an entrant must: 1) entry, an entrant must: go to https://mejuri.com/friends/poolsidexsoldejaneiro (the “Contest Website”) during the Contest Period. Limit: one (1) entry per person during the Contest Period. All entries, including, if applicable, any story and/or photograph submitted in connection with the Contes entry (the “Work”), become the sole property of the Sponsor and will not be returned for any reason. Entries must be received prior to the indicated Contest Period entry deadline. Entries will be declared invalid if they are late, illegible, incomplete, damaged, irregular, mutilated, forged, garbled or mechanically or electronically reproduced. No communication or correspondence will be exchanged with entrants except with those selected as a potential Contest winner.
Entries received online shall be deemed to be submitted by the authorized account holder of the e-mail address, Facebook, Twitter, Pinterest or Instagram account associated with the entry, as applicable. For the purposes of these rules, “authorized account holder” of such account(s) means the natural person who is assigned to such account(s) by an Internet access provider, on-line service provider, or any social media platform entity(ies) listed, or other organization responsible for assigning such accounts for the domain or account associated with the submitted account(s). Each selected entrant may be required to provide the Sponsor with proof that the selected entrant is the authorized account holder of the account(s) associated with the winning entry.
There is 1 prize (the “Prize”) available to be won, consisting of a beach bag from Poolside, a $200 gift card from Mejuri and a $200 gift card from Sol de Janeiro.
Approximate retail value of the Prize is $600 USD. The Prize must be accepted as awarded and may not be substituted, transferred or redeemed for cash or otherwise. Sponsor reserves the right, at its sole discretion, to substitute a prize of greater or equivalent monetary value if the Prize, or part thereof, cannot be awarded as described for any reason. Sponsor will not replace any lost, damaged or stolen prizes. In the case of gift cards or gift certificates, the terms by which the gift cards or gift certificates may be redeemed are governed by the applicable retailer or service provider. The Sponsor is not responsible for administering or ensuring compliance with the terms and conditions of the gift cards or gift certificates. Any other costs or expenses associated with the Prize not specified herein will be the responsibility of the selected winner.
How to Win
On or about June 30th, 2020, a random draw will be conducted from among all eligible entries received during the Contest Period for the purpose of selecting a Prize winner. Odds of being selected depend on the number of eligible entries received during the Contest Period.
Prize Claim Conditions
In order to be declared a winner, the selected entrant must: (i) respond to notification of selection (and provide Sponsor with the selected entrants email address) within three (3) business days of first attempt by Sponsor; (ii) correctly answer, without assistance of any kind, whether mechanical or otherwise, a time-limited mathematical skill-testing question to be administered during a pre-arranged telephone call or by e-mail; (iii) sign and return to Sponsor, within three (3) business days of it being sent by Sponsor, a written declaration and release form, releasing the Promotion Entities from any liability in connection with this Contest or the use, misuse, awarding or possession of any prize (the “Release”); and, (iv) otherwise comply with these Official Rules. Return of the Prize, or any part thereof, or winner notification as undeliverable, inability to reach selected entrant or failure of selected entrant to respond to notification within three (3) business days of first attempt by Sponsor or Sponsor’s agent, failure to provide a valid email address, failure to provide proof of eligibility (if requested), release documents, or other required documentation in a timely manner, failure to correctly answer the skill-testing question, or other non-compliance with these Official Rules may result in disqualification, forfeiture of the Prize, or part thereof, and, at Sponsor’s sole discretion, selection of an alternate eligible entrant for the forfeited Prize, or part thereof, in accordance with these Official Rules, who will be subject to disqualification in the same manner. If, as a result of an error relating to the entry process, drawing or any other aspect of a Contest, there are more selected entrants than contemplated in these rules, there will be a random draw amongst all eligible prize claimants to award the correct number of prizes.
Right to Void / Terminate / Suspend / Modify
Sponsor reserves the right to terminate, suspend or modify this Contest, in whole or in part, at any time and without notice or obligation if, in Sponsor’s sole discretion, any factor or event arises that could interfere with the proper conduct, administration, security or impartiality of the Contest as contemplated by these Official Rules. Without limiting the generality of the foregoing, if the Contest, or any part thereof, is not capable of running as planned for any reason, including but not limited to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, programming errors, or technical failures, which, in the sole discretion of Sponsor, corrupt or affect the administration, security, fairness, integrity or proper conduct of this Contest, Sponsor may, in its sole discretion, void any suspect entries and: (a) terminate the Contest, or any portion thereof; (b) modify or suspend the Contest, or any portion thereof, to address the impairment and then resume the Contest, or relevant portion, in a manner that best conforms to the spirit of these Official Rules; and/or (c) award the Prize from among the eligible, non-suspect entries received up to the time of the impairment in accordance with the winner selection criteria discussed above.
Sponsor reserves the right at its sole discretion to disqualify any individual who tampers or attempts to tamper with the entry process, the operation of the Contest, the Contest Website and/or the www.mejuri.com (the “Sponsor Website”), violates the Official Rules, or acts with intent to annoy, abuse, threaten or harass any other person.
Limitation of Liability and Releases
BY PARTICIPATING IN THIS CONTEST, ENTRANTS AGREE THAT THE PROMOTION ENTITIES HAVE NO LIABILITY WHATSOEVER FOR, AND SHALL BE HELD HARMLESS BY ENTRANTS AGAINST, ANY LIABILITY FOR ANY INJURIES, LOSSES OR DAMAGES OF ANY KIND (INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES) TO PERSONS OR PROPERTY RESULTING FROM A PRIZE, INCLUDING THE ACCEPTANCE, POSSESSION, MISUSE OR USE OF THE PRIZE. FURTHER, BY PARTICIPATING IN THIS CONTEST, ENTRANTS AGREE THAT THE PROMOTION ENTITIES AND INSTAGRAM, INC. HAVE NO LIABILITY WHATSOEVER FOR, AND SHALL BE HELD HARMLESS BY ENTRANTS AGAINST, ANY LIABILITY FOR ANY INJURIES, LOSSES OR DAMAGES OF ANY KIND (INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES) TO PERSONS OR PROPERTY RESULTING FROM: A) ENTRY OR PARTICIPATION IN THIS CONTEST, INCLUDING ACCESS TO AND USE OF THE CONTEST WEBSITE OR THE SPONSOR WEBSITE, OR B) ANY CLAIMS BASED ON PERSONALITY OR PRIVACY RIGHTS, DEFAMATION OR MERCHANDISE DELIVERY.
Without limiting the foregoing, the Promotion Entities, any of Sponsor’s suppliers or contractors shall not be responsible for: (a) any incomplete or inaccurate information that is caused by Contest Website users, Sponsor Website users or by any of the equipment or programming associated with or utilized in the Contest, or by any technical or human error which may occur in the processing of submissions in the Contest; (b) lost, interrupted, or unavailable network, server, service provider, on-line systems, telephone networks or telephone lines, or any other connections; (c) the theft, destruction, loss or unauthorized access to, or alteration of, entries; (d) any problems with, or malfunctions or failures of, telephone networks or lines, computers or computer on-line systems, servers or providers, computer equipment, software, viruses or bugs; (e) garbled transmissions or miscommunications; (f) failure of any e-mail, any contest entry, any Instagram comment or any Instagram direct message to be received by or from the Sponsor for any reason, including but not limited to traffic congestion on the Internet or at any website or combination thereof or technical incompatibility; (g) damage to a user’s computer equipment (software or hardware) occasioned by participation in this Contest or in connection with the Contest Website or the Sponsor Website; or (h) any failure of the entry, draw or other Contest process.
Indemnification by Entrant
By entering, each entrant releases and holds the Sponsor, and if applicable, Facebook, Twitter, Pinterest and/or Instagram, and each of their respective parent companies, subsidiaries, affiliates and/or related companies and each of their employees, directors, officers, suppliers, agents, administrators, licensees, representatives, advertising, media buying and promotional agencies (collectively, the “Releasees”) harmless from any and all liability for any injuries, loss or damage of any kind to the entrants or any other person, including personal injury, death, or property damage, resulting in whole or in part, directly or indirectly, from acceptance, possession, use or misuse of any prize, participation in the Contest, any breach of these rules, or in any prize-related activity. Each entrant agrees to fully indemnify Releasees from any and all claims by third parties relating to the Contest, without limitation.
Protection Of Personal Information
All intellectual property, including but not limited to trade-marks, trade names, logos, designs, promotional materials, web pages, source code, drawings, illustrations, slogans and representations are owned by the Sponsor and/or its affiliates. All rights are reserved. Unauthorized copying or use of any copyrighted material or intellectual property without the express written consent of its owner is strictly prohibited.
By providing the Work to the Sponsor in connection with the Contest (if applicable), each entrant shall retain all right, title and interest (including copyright) in and to the Work, and shall grant to the Sponsor a worldwide, gratuitous, irrevocable, and exclusive licence to copy, use, modify, reproduce, display, adapt and transmit the Work for use in all media now known or hereafter devised in perpetuity beginning on the date of entry, including, but not limited to, in connection with the administration, promotion and exploitation of the Contest. The entrant hereby confirms that the Work is an original work, solely created by the entrant, and that no third party participated as an author, co-author, photographer or otherwise in the creation of the Work or any part thereof. The Sponsors assume no responsibility for any claims of infringement of rights to copyright, privacy and/or personality, and all such liability shall remain with the entrant. In addition, each entrant represents to Sponsor that the Work does not infringe any copyright interest of any third party and that the Work is not defamatory or obscene and does not violate any laws relating to hate speech or otherwise. Sponsors reserve the right to exclude any Work on the basis of concerns relating to the rights of third parties, including but not limited to privacy, copyright, defamation, rights of personality, obscenity or hate speech, as determined by Sponsors in their sole discretion.
By entering the Contest, the winner grants to the Sponsor the unrestricted right to produce, reproduce, convert, publish, broadcast, communicate by telecommunication, exhibit, distribute, translate, adapt, and otherwise use or re-use the submitted Work, his or her name, image, likeness, comments, voice and/or biography, place of residence and/or statement regarding the Prize for publicity and advertising purposes, without any compensation and in any and all media (including the Internet) now known or hereafter devised in connection with publicity related to the Contest.
All entries become the property of Sponsor and will not be returned and no correspondence will be made with or entered into except with selected entrant(s). By participating in the Contest, each entrant agrees that the Promotion Entities have not made, with respect to each of their own products/services provided as a prize or part thereof (if applicable), any warranty, representation or guarantee express or implied, in fact or in law, with respect to the prize and specifically disclaim all such warranties, including without limitation, the implied warranties of merchantability and fitness for a particular purpose. Winning a prize is contingent on fulfilling all the requirements set forth herein. Mass entries, automated entries, entries submitted by third parties, and any entries or prize claims that are late, incomplete, fraudulent, illegible, unidentified or delayed will be void. All entries and prize claims are subject to verification. Proof of entry submission does not constitute proof of receipt. The Sponsor is not responsible for lost, misdirected or delayed entries. Entrants agree to abide by these Official Rules. Decisions of Sponsor will be final and binding on all matters pertaining to this Contest. For a list of names of winners send an email to firstname.lastname@example.org within 15 days of the last day of the Contest Period.
Contest is subject to all applicable federal, provincial, territorial and/or state and municipal laws. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. If any provision of the Official Rules is determined to be invalid or otherwise unenforceable, then the Official Rules shall be construed in accordance with their terms as if the invalid or unenforceable provision was not contained therein. Should a winner make any false statement(s) in any document referenced above, the winner may be required to promptly return to Sponsor his/her prize, or the cash value thereof.
In the event of a dispute as to the identity of the person who submitted any entry, the authorized account holder of the Instagram account used for entry will be deemed to be the entrant. The “authorized account holder” is the natural person assigned the Instagram account by Instagram. The potential winner may be required to show proof of being the authorized account holder of the Instagram account associated with the selected entry.
In the event of any discrepancy or inconsistency between the provisions of the Contest Rules and disclosures or other statements contained in any Contest related materials, including but not limited to the Contest entry form, or radio, television, print, outdoor or online advertising, the provisions of the Contest Rules shall prevail and govern. The headings of the sections of the Contest Rules are for convenience of reference only and shall not affect the interpretation of the Contest Rules.
In the event of any discrepancy or inconsistency between the terms and conditions of these rules and disclosures or other statements contained in any Contest-related materials, including but not limited to the Contest entry form, or point of sale, television, print or online advertising, the terms and conditions of these rules shall prevail, govern and control.
This Contest is in no way sponsored, endorsed or administered by any social media platforms on which the Contest may have been promoted and/or publicized, including but not limited to Facebook, Twitter, Pinterest or Instagram. Any personal information provided in connection with the Contest is being provided to Mejuri and not to any such social media platform(s). Any questions or comments regarding the Contest must be directed to Mejuri and not to any of the social media platforms on which the Contest may have been advertised or administered.
Governing Law and Jurisdiction
This Contest is governed by the laws of the Province of Ontario and the laws of Canada. Each entrant agrees, to the extent permitted by law, that any judicial proceedings relating to any disputes, claims or causes of action arising out of or in connection with the Contest shall take place in a court sitting in the City of Toronto, in the province of Ontario.