Nirvana Backpack Twitter Sweepstakes
Official Sweepstakes Rules
Nirvana Backpack Twitter Sweepstakes (the “Tweet Promotion”) is sponsored by BOLDFACE (“the Sponsor”), and its affiliates, subsidiaries and agencies. The Tweet Promotion will award Prizes described below in the section titled “Twitter Giveaways/Prizes.” These are the “Official Rules” that govern the Tweet Promotion. By entering, you agree to these Official Rules.
This Tweet Promotion is not sponsored or co-sponsored by Twitter. You understand that you are providing your information to BOLDFACE and not to Twitter. Any questions, comments, or complaints regarding the Tweet Promotion should be directed at BOLDFACE, and not to Twitter.
Tweet Promotional Period: The Tweet Promotion Period begins at 11:59 p.m. Pacific Time (“PT”) on 1/4/17 and ends at 11:59 p.m. PT on 1/14/17 (the “Entry Period”). There will be a random drawing conducted at the end of the Entry Period on or about 1/15/17 to award One (1) Grand Prize. Sponsor’s clock will be the official timekeeping device for the Tweet Promotion.
Eligibility: This Tweet Promotion is open to legal residents of the fifty (50) United States and the District of Columbia who are 18 years or older at the time of entry and who have a Twitter account, except where prohibited or restricted by law. Employees, officers, and directors of BOLDFACE (including their affiliates and subsidiaries), any advertising and promotion agencies, legal and financial advisors and any and all other entities associated with this Tweet Promotion and the members of their immediate families (defined as spouse, parents, siblings or children) or households (whether or not related) are not eligible to enter or win. No purchase is necessary to enter or win. Only one (1) entry per person is permitted. Any attempt by a person to submit more than one (1) entry by using multiple/different Twitter accounts, identities, registrations, or logins, or through any other methods, shall void all of such person’s entries and such person shall be disqualified from the applicable Tweet Promotion. In the event of a dispute over the identity of an entrant, the entrant will be the registered owner of the Twitter account.
How to Enter: Log-in to your Twitter account, visit www.twitter.com/BOLDFACEGear and Follow @BOLDFACEGear on Twitter, then, compose a tweet marked with the hashtag, #BOLDFACERocks, and the name of the Nirvana backpack you like best of the three: Nirvana Yellow Smiley Face, Nirvana Purple Lillies or Nirvana Red, White and Blue Smiley Face.
Twitter Giveaways/Prizes:: One (1) Grand Prize Winner. Grand Prize Winner shall be entitled to one (1) of the following: a BOLDFACE backpack plus all three Nirvana interchangeable printed face panels (Nirvana Yellow Smiley Face, Nirvana Purple Lillies or Nirvana Red, White and Blue Smiley Face). Winner will be chosen in a random drawing from all eligible entries received by Sponsor, whose determinations are final. Winners will be notified by direct message (“Winner Notification”) and must reply to the Winner Notification within 48 hours to claim prize, or another winner may be chosen or such unclaimed prizes may not be awarded, at Sponsor’s option. Prize delivery will occur in approximately 2 weeks after Sponsors’ receipt of the reply to the Winner Notification. Odds of winning depend on number of eligible entries received. There shall not be any cash substitutions for prizes. All prizes are non-refundable and on-transferable except at sole discretion of Sponsor. Sponsor reserves the right to substitute prize of equal or greater value.
The prize carries no warranty other than that offered by BOLDFACE in the ordinary course of business. Once a prize has been delivered to a winner, all liability for any loss or damage, including any property damage, personal injury, or death to the prize winner or any third party shall be the sole responsibility of the prize winner and the prize winner shall indemnify and hold harmless Sponsor and its affiliates for any claims therefore.
By accepting a prize, each winner agrees to be responsible for all federal, state, local, or other applicable taxes associated with acceptance and use of the prize.
Releases, Waivers And Disclaimers:By entering, entrant agrees to release, discharge and hold harmless BOLDFACE and Twitter, and each of their respective parents, subsidiaries, affiliates, agents, representatives, retailers, advertising and promotion agencies, and each of their respective directors, officers, employees, agents, successors and assigns (collectively, the “Released Parties”), from any and all liability, claims, losses, injuries, demands, damages, actions, and/or causes of actions whether direct or indirect, of whatever nature including, but not limited to, personal injury, bodily injury (including, without limitation, wrongful death and disability), property damage, and expense (including, without limitation, reasonable attorneys’ fees) and loss or damage of any other kind, which may be due to or arise out of entrant’s participation or entry in the Tweet Promotion or any portion thereof, or the acceptance, use/misuse or possession of prizes (including, without limitation, liability for any property loss, damage, personal injury or death, violation of rights of publicity or privacy, or claims of defamation or portrayal in a false light; or based on any claim of infringement of intellectual property).
Without limiting the foregoing, entrant agrees that the Released Parties shall have no responsibility or liability for discontinued prizes; human error; incorrect or inaccurate transcription of registration and/or account information; any technical malfunctions of the telephone network, computer online system, computer dating mechanism, computer equipment, software, or Internet service provider utilized by the Released Parties; interruption or inability to access Released Parties’ or affiliated entities’ respective websites, Facebook pages or Twitter pages, or any online service via the Internet due to hardware or software compatibility problems; any damage to entrant’s (or any third person’s) computer and/or its contents related to or resulting from any part of the Tweet Promotion; any lost/delayed data transmissions, omissions, interruptions, defects; and/or any other errors or malfunctions, even if caused by the negligence of the Released Parties. Each entrant further agrees to indemnify and hold harmless Released Parties from and against any and all liability resulting or arising from entrant’s participation or entry in the Tweet Promotion and releases all rights to bring any claim, action or proceeding against Released Parties and hereby acknowledge that Released Parties have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to a prize awarded in connection with the Tweet Promotion, including express warranties provided exclusively by a prize supplier that may be sent along with a prize. The releases hereunder are intended to apply to all claims not known or suspected to exist with the intent of waiving the effect of laws requiring the intent to release future unknown claims.
Suspension / Modification / Termination: In the event that BOLDFACE is prevented from continuing with the Tweet Promotion by any event or other cause not reasonably within its control (each a “Force Majeure” event or occurrence), BOLDFACE shall have the right to modify, suspend or terminate the Tweet Promotion. BOLDFACE reserves the right to modify, suspend or terminate the Tweet Promotion (including, without limitation, make changes to these Official Rules) without notice or by sending a Tweet on twitter, or by posting a notice on www.facebook.com/BOLDFACEGear, in their sole and absolute discretion, including, but not limited to, if in their sole and absolute discretion, it is determined that the Tweet Promotion is technically impaired or corrupted or that fraud or technical problems, failures or malfunctions or any Force Majeure event(s) has destroyed or severely undermined or impaired the integrity and/or feasibility of the Tweet Promotion. BOLDFACE will have the authority to shorten or extend the Tweet Promotion Period.
BY ENTERING THE TWEET PROMOTION, ENTRANT AGREES THAT: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE TWEET PROMOTION, 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 TWO HUNDRED FIFTY DOLLARS ($250.00), 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 TWO HUNDRED FIFTY DOLLARS ($250.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) ENTRANT’S 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 FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.
Miscellaneous:Any third party trademarks mentioned herein are the property of their respective trademark owners. The use or mention of such third party trademarks in these Official Rules or in the Tweet Promotion is solely for descriptive purposes and shall in no way imply an endorsement or sponsorship of the Tweet Promotion. BOLDFACE reserves the right to prohibit any entrant from participating in the Tweet Promotion if, at its sole discretion, BOLDFACE finds such entrant to be tampering with the entry process or the operation of the Tweet Promotion, or if such entrant repeatedly shows a disregard for, or attempts to circumvent, these Official Rules, or acts: (a) in a manner BOLDFACE determines to be not fair or equitable; (b) with an intent to annoy, threaten or harass any other entrant or BOLDFACE; or (c) in any other disruptive manner. Any person attempting to defraud or tamper with this Tweet Promotion in any way will be ineligible for the prize and may be prosecuted to the full extent of the law. Tampering includes attempting to enter more than the number of entries permitted by these rules including by using an automated device or by using more than one Twitter account. Any failure by BOLDFACE to enforce any of these Official Rules shall not constitute a waiver of such Official Rules. The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
Winners List: A copy of these Official Rules and the Tweet Promotion results may be obtained by sending a self-addressed, stamped envelope to BOLDFACE c/o Nirvana Backpack Twitter Sweepstakes “Winners List”, 1013 1/2 190th Street, Gardena, CA 90248. Indicate whether Entrant is requesting the Tweet Promotion results or a copy of these Official Rules or both. Requests must be received no later than sixty (60) days after the end of the Tweet Promotion Period.
Sponsor: BOLDFACE, 1013 1/2 190th Street, Gardena, CA 90248.