FUNBOY Five Days of FUNBOY Giveaway Rules
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING.
1. THE PROMOTION IS OPEN TO ALL LEGAL RESIDENTS OF THE FORTY-NINE (49) STATES OF THE UNITED STATES AND THE DISTRICT OF COLUMBIA (EXCLUDING RHODE ISLAND, PUERTORICO, ALL US TERRITORIES AND POSSESSIONS AND ALL OVERSEAS MILITARYINSTALLATIONS) WHO ARE AT LEAST EIGHTEEN (18) YEARS OF AGE OR OLDER, OR THE AGEOF MAJORITY IN THEIR STATE/PROVINCE OF RESIDENCE, WHICHEVER IS OLDER AT THE TIME OF ENTRY. THE SWEEPSTAKES PERIOD BEGINS AS OF 6/29/17 AT 10:30 A.M. PACIFIC TIME AND ENDS AS OF 7/4/17 AT Midnight PACIFIC TIME. VOID WHERE PROHIBITED BYLAW. BY ENTERING THIS SWEEPSTAKES, EXCEPT AS PROHIBITED BY LAW, YOU AGREE TO RESOLVE ANY DISPUTES BY BINDING ARBITRATION AS PROVIDED IN SECTION 11 BELOW. BY ENTERING THIS PROMOTION, YOU REPRESENT THAT YOU HAVE READ AND AGREE TO BE BOUNDBY THESE OFFICIAL RULES AND THE DECISIONS OF SPONSOR, WHICH DECISIONS ARE FINAL AND BINDING IN ALL RESPECTS.
2. ELIGIBILITY:This Sweepstakes is open to all persons who are legal residents of theforty-nine (49) states of the United States (“U.S.”)and the District of Columbia (excluding Rhode Island, Puerto Rico, all U.S.territories and possessions and all overseas military installations) and ofCanada (excluding Quebec) who are at least eighteen (18) years of age (or theage of majority in their state/province of residence, whichever is older) as of 12/3/17 with access to the internet at all times during the Sweepstakes Period(as defined below) and subsequent Prize Award Period (as defined below). FUNBOY LLC ( “Sponsor”) and its parents, subsidiaries, affiliates, sales representatives, distributors,licensees, and agents (all of the foregoing together with Sponsor, collectively referred to as “Sweepstakes Entities”), suppliers, printers, advertising and promotional agencies, and prize suppliers, and each of their respective employees,officers, directors and their immediate family members (spouses, parents,children, siblings and their respective spouses) and those living in the same household of each (whether legally related or not) are ineligible to enter or win this Sweepstakes. All applicable federal, state/provincial and local laws and regulations apply. VOID OUTSIDE THE ELIGIBILITY AREA AND WHERE PROHIBITED OR RESTRICTED BY LAW. By participating in this Sweepstakes, you agree to fully and unconditionally accept and abide by these Official Rules and the decisions of the Sponsor, which are final and binding in all respects.
3. GIVEAWAY PERIOD:The Sweepstakes entry period begins as of 12/3/17 10:30 a.m. Pacific StandardTime (“PST”)and ends as of 12/7/17 at midnight PST (the “Contest Period”). All entries must be received by Sponsor no later posted date for each daily giveaway. Winner will be selected from all eligible entries properly submitted pursuant to these Official Rules during the Sweepstakes Period.Sponsor’s computer shall be the official timekeeper for all matters related to the Sweepstakes.
4. CONTEST ENTRY INSTRUCTIONS: During the Sweepstakes Period you may enter this Contest by following the instructions on @funboy's instagram which include following participating brands and tagging a friend. All Entries must be received by no later than posted date on @funboy's Instagram post.
All Entries become the property of Sponsor and may not be acknowledged or returned. Entries displaying or containing profanity or that are obscene or otherwise inappropriate (as determined by Sponsor) will be disqualified, as will Entries that violate copyright laws or infringe on any third party rights. Multiple Entries by an individual person in excess of the preceding limitations or mass entry attempts will result in disqualification of the person and void all Entries related to such conduct. Entries must comply with all applicable laws, rules, and regulations.In case of a dispute over the identity of an entrant, the authorized accountholder of the email account, as applicable, used to enter this Sweepstakes willbe deemed to be the entrant. An “authorized account holder” is defined as the natural person who is assigned toan e-mail address by an Internet access provider, online service provider orother organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain or website associated with the submitted e-mail address. If a dispute cannot be resolved to Sponsor’s satisfaction, the Entry will be deemed ineligible. By submitting an Entry, you(1) give Sweepstakes Entities the right to publish your Entry, including your name and/or email address, on the Sponsor’s websites and/or other publicwebsites; and (2) assign all ownership rights and usage rights to your Entry tothe Sweepstakes Entities.
5. PUBLICITY:As a condition of Entry into the Sweepstakes, except where prohibited by law,each entrant by entering and each Winner by accepting a Prize grants toSweepstakes Entities and their affiliates, legal representatives, assigns andlicensees, all right, title and interest in and to publicize, broadcast,display and/or otherwise use the Sweepstakes entrant’s name, address (city andstate/province), biographical material (collectively, “LicensedRights”), in any media now known or hereafter devised throughout theworld in perpetuity for advertising and publicity purposes, without additionalnotice, review, compensation, permission or approval.
6. SELECTION OF CONTEST WINNER: One (1) potential winners (each a “Winner”)will be selected from all eligible entries received during the SweepstakesPeriod in a random drawing to be held on or about 12/4/17 and 12/7/17 at Sponsor’s office inLos Angeles, CA. Winner need not be present. Odds of winning will depend on the number of eligible entries received.
The potentialWinner will be notified via email to the email address submitted with his/herEntry, within seventy-two (72) hours after the drawing (“PrizeAward Period”). The drawing will be conducted by Sponsor whosedecisions on all matters relating to the Sweepstakes shall be final and bindingin all respects. At the sole discretion of Sponsor, disqualification,forfeiture and the selection of an alternate Winner may result from any of thefollowing: (1) a potential Winner’s failure to respond to Winner notificationby email within seventy-two (72) hours after its transmission; (2) the returnof a notification as undeliverable after two (2) attempts; (3) a potentialWinner’s failure to timely provide Sponsor with satisfactory proof of age,employment, identity and residency; (4) a potential Winner’s failure to executeand return a notarized Affidavit of Eligibility/Liability/Publicity Releasewithin four (4) days after its transmission, if and as applicable; (5) apotential Winner’s failure to validly claim the prize by 1/9/18; and (6) anyother non-compliance with the Official Rules. In the event that a potentialWinner is disqualified for any reason or in the event of prize forfeiture,Sponsor may or may not award, in Sponsor’s sole discretion, a Prize (defined below)to an alternate potential Winner selected at random.
7. PRIZE: (“Prize”)Prizes will vary and will be announced via @funboy's Instagram posts
The prizes for each day are as follows:
12/3: Tavik Swimsuit plus FUNBOY Red Lips for you and Friend
12/4: FUNBOY Rainbow Cloud Float + Crapeyewear Sunglasses
12/5: A signed copy of Donald Robertson's book + a FUNBOY x Donald Mermaid Bobber Float
12/6: A $75 gift card to PRIV plus the @FUNBOY Gold Seahorse
Contest Entities make no warranties or conditions, and hereby disclaim any and allwarranties and conditions, express or implied, concerning the Prize or anyportion of the Prize furnished in connection with this Sweepstakes. Allexpenses not specifically mentioned herein and all expenses Winner mayreasonably incur in receiving or using the Prize are not included as part ofthe Prize, and are solely Winner’s responsibility. All taxes on each Prize, ifany, are the sole responsibility of Winner, who will receive a form 1099reflecting the actual value of the Prize received, if applicable. Winner may berequired to provide his/her social security number or tax payer ID number toSponsor in order to claim the Prize. Winner may need to submit a valid address(no P.O. boxes) to Sponsor for shipment of the Prize to Winner. Prize will onlybe shipped to a valid address. Winner bears all risk of loss or damage to Prizeafter it is placed by Sponsor with a third party common carrier for shipment toWinner. Prize is non-transferable and no substitution shall be made except asprovided herein at Sponsor’s sole discretion. Sponsor reserves the right tosubstitute a prize for one of equal or greater value if the designated Prizeshould become unavailable for any reason. Prize will not be replaced if lost orstolen and is not redeemable for cash, unless required by law. Prize will be awarded provided it is validly claimed by 12/15/17, after which an alternatewinner may or may not be selected, or unclaimed prize awarded.
ALL PRIZES AREAWARDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED(INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY ORFITNESS FOR A PARTICULAR PURPOSE), AND THE RELEASED PARTIES DO NOT MAKE ANYREPRESENTATION, WARRANTY OR GUARANTEE, EXPRESS OR IMPLIED, RELATING TO THESWEEPSTAKES OR PRIZES.
THE SWEEPSTAKESENTITIES (INCLUDING ALL OF THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS,PARTNERS, SHAREHOLDERS, MANAGERS, RELATED FINANCING PARTIES, EMPLOYEES, AGENTS,REPRESENTATIVES, AFFILIATES, SUCCESSORS AND ASSIGNS) EXPRESSLY DISCLAIM ANY ANDALL LIABILITY FOR CLAIMS, INJURIES, LOSSES OR DAMAGES OF ANY KIND, INCLUDINGWITHOUT LIMITATION, DEATH AND BODILY INJURY AND PROPERTY DAMAGE, RESULTING, INWHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM THE AWARDING, DELIVERY,ACCEPTANCE, USE, MISUSE, POSSESSION, LOSS OR MISDIRECTION OF ANY PRIZE;PARTICIPATION IN THE SWEEPSTAKES OR ANY SWEEPSTAKES-RELATED ACTIVITY OR TRAVELOR FROM ANY INTERACTION WITH, OR DOWNLOADING OF, COMPUTER SWEEPSTAKESINFORMATION.
8. PARTICIPANT OBLIGATIONS:By entering or participating in the Sweepstakes, participants agree to be boundby these Official Rules, the terms and conditions of the Sponsor’s websites,and by the decisions of Sponsor, which are final and binding in all respects.By entering the Sweepstakes, entrants waive the right to claim any ambiguity orerror in these Official Rules or in the Sweepstakes itself. Sponsor reservesthe right to modify these Official Rules for clarification purposes withoutmaterially affecting the terms and conditions of the Sweepstakes. Sponsor'sfailure to enforce any term of these Official Rules shall not constitute awaiver of that provision.
9. LIMITATION OF LIABILITY:BY ENTERING THIS SWEEPSTAKES, EACH ENTRANT AGREES TO RELEASE AND HOLD HARMLESSTHE SWEEPSTAKES ENTITIES AND THEIR RESPECTIVE ADVERTISING AND PROMOTIONAGENCIES, RETAILERS, DISTRIBUTORS AND SUPPLIERS AND ALL OF THEIR RESPECTIVEOFFICERS, DIRECTORS, SHAREHOLDERS, PARTNERS, MEMBERS, MANAGERS, AGENTS,REPRESENTATIVES, EMPLOYEES, SUCCESSORS AND ASSIGNS (COLLECTIVELY, “RELEASEDPARTIES”) FROM ANY AND ALL INJURIES, CLAIMS, LOSSES AND DAMAGES OFANY KIND TO PERSONS, INCLUDING DEATH, BODILY INJURY OR PROPERTY RESULTING INWHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM ACCEPTANCE, POSSESSION, MISUSE ORUSE OF ANY PRIZE OR PARTICIPATION IN THIS SWEEPSTAKES OR PARTICIPATION IN ANYSWEEPSTAKES-RELATED TRAVEL OR OTHER ACTIVITY, OR ENTRANT’S FAILURE TO COMPLYWITH THE OFFICIAL RULES OR FROM ANY INTERACTION WITH, OR DOWNLOADING OF,COMPUTER SWEEPSTAKES INFORMATION.
EACH ENTRANT(INCLUDING WINNER AND GUEST) ASSUMES ALL LIABILITY FOR ANY INJURY, DEATH, ORDAMAGE CAUSED, OR ALLEGEDLY CAUSED BY: (A) PARTICIPATION IN THE SWEEPSTAKES ORANY SWEEPSTAKES RELATED ACTIVITY OR TRAVEL; (B) THE AWARDING, DELIVERY, ACCEPTANCE,USE, MISUSE, POSSESSION, LOSS OR MISDIRECTION OF ANY PRIZE; (C) ANY INTERACTIONWITH, OR DOWNLOADING OF, COMPUTER SWEEPSTAKES INFORMATION; (D) ENTRANT’SFAILURE TO COMPLY WITH THE OFFICIAL RULES.
In addition to theforegoing, Released Parties are not responsible for: (1) any incorrect orinaccurate information or technical failures of any kind; (2) unauthorizedhuman intervention in any part of the Entry process or the Sweepstakes; (3) anylost, stolen, delayed, damaged or misdirected Entries regardless of thecircumstances; or (4) any other computer, network, technical, human or othererror, problem or malfunction that may occur in connection with theadministration of the Sweepstakes, the processing of Entries, or the selectionor notification of Winner. Further, if, for any reason, the Sweepstakes is notcapable of running as planned for reasons outside the control of the Sponsorwhich, in the sole opinion of Sponsor, may corrupt or affect theadministration, security, fairness, integrity or proper conduct of theSweepstakes (or portion thereof), Sponsor reserves the right, at Sponsor's solediscretion, to cancel, terminate, modify or suspend the Sweepstakes (or portionthereof). In the event of such cancellation, termination, modification or suspension,Sponsor will select Winner from all eligible, non-suspect Entries receivedprior to such action. Sponsor also reserves the right at Sponsor's solediscretion to disqualify the Entry of any individual found to be (a) tamperingor attempting to tamper with the Entry process or the operation of theSweepstakes or any website operated by the Sweepstakes Entities; (b) using anyrobotic, macro, automatic, programmed or like entry methods, which will voidall such Entries; (c) violating these Official Rules or the terms of service,conditions of use, and/or general rules of any Sponsor property or service; or(d) acting in an unsportsmanlike or disruptive manner, or with intent to annoy,abuse, threaten, or harass any other person.
AN ATTEMPT BY ANYPERSON TO DELIBERATELY DAMAGE THE WEBSITE(S) OR UNDERMINE THE LEGITIMATEOPERATION OF THE SWEEPSTAKES IS IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND IFSUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES ANDDAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDINGCRIMINAL PROSECUTION.
10. INDEMNIFICATION: BYPARTICIPATING IN THE SWEEPSTAKES EACH ENTRANT AGREES: (A) TO BE BOUND BY THESEOFFICIAL RULES AND THE DECISIONS OF SPONSOR; AND (B) TO DEFEND, INDEMNIFY ANDHOLD HARMLESS THE SWEEPSTAKES ENTITIES AND ALL OF THEIR RESPECTIVE OFFICERS,DIRECTORS, SHAREHOLDERS, PARTNERS, MEMBERS, MANAGERS, AGENTS, REPRESENTATIVES,EMPLOYEES, SUCCESSORS AND ASSIGNS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES,LOSSES, LIABILITIES, COSTS (INCLUDING REASONABLE ATTORNEYS' AND LEGAL FEES) ANDEXPENSES OF ANY KIND THAT ARISE DIRECTLY OR INDIRECTLY OUT OF OR FROM: (1) THESWEEPSTAKES; (2) RECEIPT, USE, MISUSE OR REDEMPTION OF ANY PRIZE; (3)PARTICIPATION IN ANY PRIZE RELATED ACTIVITIES OR TRAVELS (INCLUDING WITHOUTLIMITATION, ANY PROPERTY LOSS, DAMAGE, PERSONAL INJURY OR DEATH CAUSED TO ANYPERSON(S)).
11. DISPUTES: THESWEEPSTAKES IS GOVERNED BY, AND WILL BE CONSTRUED IN ACCORDANCE WITH THE LAWSOF THE STATE OF CALIFORNIA WITHOUT REGARD TO THE CONFLICTS OF LAW DOCTRINE OFANY JURISDICTION. THE FORUM AND VENUE FOR ANY DISPUTE RELATING THERETO SHALL BEIN ORANGE COUNTY, CALIFORNIA. IF THE CONTROVERSY OR CLAIM RELATING TO SUCHDISPUTE (“CLAIM”)IS NOT OTHERWISE RESOLVED THROUGH DIRECT DISCUSSIONS OR MEDIATION, SUBJECT TOAPPLICABLE LAWS IT SHALL THEN BE RESOLVED BY FINAL AND BINDING ARBITRATIONADMINISTERED BY JUDICIAL ARBITRATION AND MEDIATION SERVICES, INC. (“JAMS”),IN ACCORDANCE WITH ITS STREAMLINED ARBITRATION RULES AND PROCEDURES OR SUBSEQUENTVERSIONS THEREOF (“JAMSRULES”). THE JAMS RULES FOR SELECTION OF AN ARBITRATOR SHALL BEFOLLOWED, EXCEPT THAT THE ARBITRATOR SHALL BE EXPERIENCED AND LICENSED TOPRACTICE LAW IN CALIFORNIA. ALL PROCEEDINGS BROUGHT PURSUANT TO THIS PARAGRAPHWILL BE CONDUCTED IN ORANGE COUNTY, CALIFORNIA. THE REMEDY FOR ANY CLAIM SHALLBE LIMITED TO ACTUAL OUT-OF-POCKET COSTS INCURRED, BUT SHALL IN NO EVENTINCLUDE ATTORNEYS’ FEES, AND UNDER NO CIRCUMSTANCES WILL ANY ENTRANT, WINNER,OR GUEST BE PERMITTED TO OBTAIN AWARDS FOR, AND HEREBY WAIVE ALL RIGHTS TOCLAIM, PUNITIVE, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL DAMAGES AND ANYOTHER DAMAGES, OTHER THAN FOR ACTUAL OUT-OF-POCKET EXPENSES AND WAIVE ALLRIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED. ENTRANTS, WINNERS,AND GUESTS SHALL NOT BE PERMITTED TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVEOR ANY OTHER EQUITABLE RELIEF. FOR THE AVOIDANCE OF DOUBT, UNLESS PROHIBITED BYLAW ALL DISPUTES AND CLAIMS SHALL BE RESOLVED INDIVIDUALLY, IN ACCORDANCE WITHTHESE OFFICIAL RULES AND WITHOUT RESORT TO ANY FORM OF CLASS ACTION.
13. RULES/WINNERS’ LIST REQUESTS:To obtain a copy of these Official Rules or for notification of the Winner(after Sweepstakes Period closes), send a self-addressed stamped envelope to: FUNBOY4111 East Madison Street #14 Seattle WA 98112. Requests for winners' listsmust be received no later than three (3) months after the end of theSweepstakes Period. Vermont residents may omit postage.
14. SPONSORs: FUNBOYLLC 4111 East Madison Street #14 Seattle WA 98112
TM & © 2017 FUNBOY,All rights reserved.