SECURE THE BAG CONTEST RULES
By participating in this Giveaway, entrants accept and agree to be bound by the following Official Rules:
- A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING.
- BINDING AGREEMENT: In order to enter the Giveaway, you must agree to the Official Rules. Therefore, please read these Official Rules prior to entry to ensure you understand and agree. You agree that submission of an entry in the Giveaway constitutes agreement to these Official Rules. You may not submit an entry to the Giveaway and are not eligible to receive the prize described in these Official Rules unless you agree to these Official Rules. These Official Rules form a binding legal agreement between you and Sponsor with respect to the Giveaway.
- SPONSOR & ADMINISTRATOR. The “Secure the Bag Giveaway” (the "Giveaway") is sponsored and administered by Bomba Curls, LLC, 7844 NW 200th St, Hialeah, FL 33015 (the "Sponsor").
- ELIGIBILITY. Eligibility for the Giveaway is open to natural persons who are legal residents of the fifty (50) United States and the District of Columbia, and who are eighteen (18) years of age or older. Employees, officers, and directors of Sponsor (including affiliates and advertising agencies and sweepstakes administrators, and any third-party organization Sponsor may be working with on the Giveaway) and their immediate families (spouse, parents, children, siblings, and their respective spouses) and household members are not eligible to enter. This Giveaway is void outside of the 50 United States and District of Columbia, and where otherwise prohibited or restricted by law. All applicable federal, state, and local laws and regulations apply.
- THE GIVEAWAY PERIOD. The Giveaway begins on September 03, 2021 and entries will be accepted until September 30, 2021 at 11:59 Eastern Standard Time (EST) (the "Giveaway Entry Period").
- HOW TO ENTER.To enter the Giveaway, Participants must be eligible, must comply with these Official Rules, must follow @BombaCurls on Instagram, must purchase over $20 worth of Bomba Curls product during the entry period taking place between September 03, 2021 and September 30, 2021, must keep receipt of such purchase, and must submit a proper entry of the Participant’s submission during the Giveaway Entry Period. Participants may submit only a single Entry. Once entered in the Giveaway, it is solely the responsibility of each Participant to ensure the contact information we have for you is current. Sponsor is not responsible for any failure to contact you if the contact information is not current or correct. Entries that are incomplete or do not adhere to the rules or specifications may be disqualified at the sole discretion of Sponsor. If you use fraudulent methods or otherwise attempt to circumvent the rules, your Entry may be removed from eligibility at the sole discretion of Sponsor.
- CONTENT REQUIREMENTS. The Entrant’s video or photo uploaded for participation in this Giveaway must meet the following criteria ("Content Requirements"):
- The video or photo must clearly show the receipt and products purchased,
- It must not be derogatory, offensive, threatening, defamatory, disparaging, libelous or contain any content that is inappropriate, indecent, sexual, profane, tortuous, slanderous, discriminatory, in any way, or otherwise does not comply with the theme and spirit of the Giveaway or Sponsor’s values.
- It must not contain any content, material, or element that displays, any third party advertising, slogan, logo, trademark, representation of characters indicating a sponsorship or endorsement by a third party, commercial entity or that is not within the spirit of the Giveaway, as determined by Sponsor, in its sole discretion.
- It must be original, unpublished works that does not contain, incorporate, or otherwise use any content, material or element that is owned by a third party or entity.
- It must not contain any content, element, or material that violates a third party's publicity, privacy, or intellectual property rights. Specifically, any music used within the video must be copyright free.
- It must not be the subject of any actual or threatened litigation or claim.
- It must not contain any disparaging remarks relating to the Sponsor or a third party.
- It must feature the receipt of Entrant’s purchase of the relevant Bomba Curls product as required in the “HOW TO ENTER” section above.
- The video or picture must be uploaded to Instagram tagging @bombacurls.
- VIDEO ENTRY REVIEW. All Entrant videos will be reviewed by Sponsor to ensure that they meet the Video Requirements. The Sponsor reserves the right to, in its sole discretion, to disqualify any Entrant who submits a video that does not meet the Video Requirements.
- WINNER SELECTION/ANNOUNCEMENT.Sponsor will select one (1) winner out of all eligible Entrants and will announce the winner by Friday, October 8th, 2021.
- NOTIFICATION OF WINNER.The potential Winner will be selected and notified by telephone and/or email, at Sponsor's discretion. The potential Winner will be able to redeem the Prize within 90 days of the announcement. If the potential Winner does not respond to Sponsor’s notification attempt or claim the Prize within 90 days, then such potential Winner may be disqualified, and an alternate Entrant may be selected from among all eligible entries received. With respect to notification by telephone, such notification will be deemed given when a message is left on the potential Winner's voicemail service or answering machine by the Sponsor. If Winner does not have a functioning voicemail or answering machine, notification will be deemed given by the telephone call. All notification requirements, as well as other requirements within these Official Rules, will be strictly enforced.
- PRIZE. The Winner of the Giveaway will receive one (1) of the following: Louis Vuitton Speedy 25. Sponsor reserves the right to change the make and model of the prize item at any time and for any reason at its sole discretion. No other prize substitutions will be permitted at Sponsor’s sole discretion. Sponsor will be responsible for all taxes and fees associated with the purchase of such vehicle. In order to receive the Prize, Winner must submit tax documentation requested by Sponsor or otherwise required by law, to Sponsor or a representative for Sponsor or the relevant tax authority, all as determined by applicable law. Acceptance of the 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.
- GENERAL RULES. All federal, state, and local laws and regulations apply. Sponsor reserves the right to disqualify any Entrant from the Giveaway if, in Sponsor’s sole discretion, it reasonably believes that the Entrant has attempted to undermine the legitimate operation of the Giveaway by cheating, deception, or other unfair playing practices or annoys, abuses, threatens or harasses any other entrants or Sponsor.
- INTELLECTUAL PROPERTY RIGHTS. By entering this Giveaway, Entrant understands and agrees that Sponsor, anyone acting on behalf of Sponsor, licensees, successors, and assigns, shall have the right, where permitted by law, to print, publish, broadcast, distribute, and use in any media now known or hereafter developed, in perpetuity and throughout the World, without limitation, your entry, name, portrait, picture, voice, likeness, image, statements about the Giveaway, and biographical information for news, publicity, information, trade, advertising, public relations, and promotional purposes, without any further compensation, notice, review, or consent. If the submitted video of Entrant is claimed to constitute infringement of any proprietary or intellectual proprietary rights of any third party, Entrant shall, at its sole expense, defend or settle against such claims. Entrant shall indemnify, defend, and hold harmless Sponsor from and against any suit, proceeding, claims, liability, loss, damage, costs or expense, which Sponsor may incur, suffer, or be required to pay arising out of such infringement or suspected infringement of any third party’s right.
- PUBLICITY.By entering the Giveaway, Entrant agrees to participate in any media or promotional activity resulting from the Giveaway as reasonably requested by Sponsor at Sponsor’s expense and agrees and consents to use of their name and/or likeness by Sponsor. Sponsor will contact Entrants in advance of any Sponsor-sponsored media request for interviews.
- WARRANTY AND INDEMNITY.Entrant warrants that his/her video is his/her own original work and, as such, is the sole and exclusive owner and rights holder of the submitted video and that Entrant has the right to submit the video in the Giveaway and grant all required licenses. Entrant agrees not to submit any video that: (a) infringes any third party proprietary rights, intellectual property rights, industrial property rights, personal or moral rights or any other rights, including without limitation, copyright, trademark, trade names, industrial designs, patent, trade secret, privacy, publicity or confidentiality obligations; or (b) otherwise violates applicable state, federal, or local law.
To the maximum extent permitted by law, Entrant indemnifies and agrees to keep indemnified Sponsor at all times from and against any liability, claims, demands, losses, damages, costs and expenses resulting from any act, default or omission of the Entrant and/or a breach of any warranty set forth herein. To the maximum extent permitted by law, Entrant agrees to defend, indemnify and hold harmless Sponsor from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorney’s fees) arising out of or accruing from: (i) any video or other material uploaded or otherwise provided by Entrant that infringes any copyright, trademark, trade secret, trade dress, patent or other intellectual property right of any person or defames any person or violates their rights of publicity or privacy; (ii) any misrepresentation made by Entrant in connection with the Giveaway; (iii) any non-compliance by Entrant with these Official Rules; (iv) claims brought by persons or entities other than the parties to these Official Rules arising from or related to Entrant's involvement with the Giveaway; (v) acceptance, possession, misuse or use of any prize or participation in any Giveaway-related activity or participation in the Giveaway; (vi) any malfunction or other problem with the Giveaway website in relation to the entry and participation in the Giveaway by Entrant; (vii) any error in the collection, processing, or retention of entry or voting information in relation to the entry and participation in the Giveaway by Entrant and in the voting process by consumers; or (viii) any typographical or other error in the printing, offering or announcement of any prize or winners in relation to the entry and participation in the Giveaway by Entrant.
- DISQUALIFICATION. Any false information provided within the context of the Giveaway by Entrant concerning identity, mailing address, telephone number, email address, ownership of right or non-compliance with these Official Rules or the like may result in the immediate disqualification of the entrant from the Giveaway.
- INTERNET AND DISCLAIMER.Sponsor is not responsible for any malfunction of the entire Giveaway website or any late, lost, damaged, misdirected, incomplete, illegible, undeliverable, or destroyed videos or votes due to system errors, failed, incomplete or garbled computer or other telecommunication transmission malfunctions, hardware or software failures of any kind, lost or unavailable network connections, typographical or system/human errors and failures, technical malfunction(s) of any telephone network or lines, cable connections, satellite transmissions, servers or providers, or computer equipment, traffic congestion on the Internet or at the Giveaway website, or any combination thereof, including other telecommunication, cable, digital or satellite malfunctions which may limit Entrant's/consumer's ability to participate/vote respectively. Sponsor is not responsible for the policies, actions, or inactions of others, which might prevent Entrant from entering, participating, and/or claiming a prize in this Giveaway. Sponsor's failure to enforce any term of these Official Rules will not constitute a waiver of that or any other provision. Sponsor reserves the right to disqualify Entrants who violate the rules or interfere with this Giveaway in any manner. If an Entrant is disqualified, Sponsor reserves the right to terminate that Entrant's eligibility to participate in the Giveaway.
- RIGHT TO CANCEL, MODIFY OR DISQUALIFY. If for any reason the Giveaway is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Giveaway, Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Giveaway. Sponsor further reserves the right to disqualify any Entrant who tampers with the submission process or any other part of the Giveaway or Giveaway website. Any attempt by an Entrant to deliberately damage any website, including the Giveaway website, or undermine the legitimate operation of the Giveaway is a violation of criminal and civil laws and should such an attempt be made, Sponsor reserves the right to seek damages from any such Entrant to the fullest extent of the applicable law.
- NOT AN OFFER OR CONTRACT OF EMPLOYMENT. Under no circumstances shall the submission of an Entry into the Giveaway, the awarding of a prize, or anything in these Official Rules be construed as an offer or contract of employment with either Sponsor. Entrant acknowledges that participation in the Giveaway is voluntarily and not in confidence or in trust. Entrant acknowledges that no confidential, fiduciary, agency or other relationship or implied-in-fact contract now exists between Entrant and Sponsor, and that no such relationship is established by Entrant's Entry under these Official Rules.
- APPLICABLE LAWS AND JURISDICTION.THIS Giveaway IS GOVERNED BY THE LAWS OF the State of FLORIDA, WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. As a condition of participating in this Giveaway, Entrant agrees that any and all disputes that cannot be resolved between the parties, and causes of action arising out of or connected with this Giveaway, shall be resolved individually, without resort to any form of class action, exclusively before a court located in Illinois having jurisdiction. Further, in any such dispute, under no circumstances shall Entrant be permitted to obtain awards for, and hereby waives all rights to, punitive, incidental, or consequential damages, including reasonable attorney’s fees, other than Entrant’s actual out-of-pocket expenses (i.e. costs associated with entering this Giveaway). Entrant further waives all rights to have damages multiplied or increased.
- WINNER LIST:To obtain a copy of the Winner’s name or a copy of these Official Rules, mail your request along with a stamped, self-addressed envelope to: Bomba Curls 7844 NW 200th St Hialeah, FL 33015.
SECTION 21 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at firstname.lastname@example.org