Beautiful Disaster Hawaiian Vacation Giveaway
OFFICIAL PROMOTION RULES
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS PROMOTION.
A purchase will not improve chances of winning. You have not yet won.
These terms and conditions contain a class action WAIVER AND A JURY waiver that MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS.
OPEN ONLY TO LEGAL RESIDENTS OF THE UNITED STATES AND DISTRICT OF COLUMBIA AND CANADA WHO ARE AT LEAST 21 YEARS OLD AS OF THE DATE OF ENTRY AND HAVE A VALID DRIVERS LICENSES AND PROOF OF INSURANCE
By entering this Beautiful Disaster Hawaiian Vacation Giveaway (“Promotion”), Entrant (as defined below) accepts and agrees to be bound by these official rules (“Rules”). All decisions of Sponsor (as defined below) regarding this Promotion are final and binding in all respects. Any violation of these Rules may, at Sponsor’s discretion, result in disqualification.
- PROMOTION PERIOD. Promotion begins 12/05/2022 at 8:00 AM PST and ends 12/16/2022 at 11:59PM PST when all entries must be received (“Promotion Period”).
- HOW TO ENTER.
- Method 1 - With Purchase: Every time you make a purchase on bdrocks.com of $99 or more (excluding discounts, shipping and tax, if any) during the Promotion Period, you will be automatically entered to win
- Method 2 - Free, Alternate Method of Entry: To enter the Promotion without purchase, (the “AMOE”) mail your entry form to Beautiful Disaster, 1801 Holser Walk, Suite 115 Oxnard, CA 93036, including your full name, email address, state, zip code (“AMOE”). Your entry must be received prior to close of business day on 12/16/2022
- An Automatic Entry and AMOE shall be individually and collectively referred to as “Entry.”
- The Entry will become the property of the Sponsor and will not be acknowledged or returned.
- Sponsor disclaims any and all liability in connection with the Entry. You are solely responsible for the Entry and the consequences of providing the Entry to Sponsor. By providing the Entry to Sponsor (“Entrant”), Entrant affirms, represent, and warrant that: your Entry does not and will not: (i) infringe, violate, or misappropriate any third party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii) cause Sponsor to violate any law or regulation or otherwise cause liability for Sponsor; and your Entry could not be deemed by a reasonable person to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate.
- Winner (as defined below) will be randomly selected by Sponsor in Sponsor’s sole discretion (as discussed more completely below) on or before 12/19/2022 from all entries received during the Promotion Period. Sponsor’s computer will serve as the official time keeping device for this Promotion.
- From the official time and date of the start of the Promotion Period through the final date of prize fulfillment, you must be a lawful permanent U.S. or Canadian citizen. You must also be 21 years of age or older as of the official time and date of the start of the Promotion Period and have a valid drivers license. The Promotion is void in Puerto Rico and the U.S. Virgin Islands, U.S. Military installations in foreign countries, and all other U.S. territories and possessions where restricted or prohibited by law. The Promotion, and any website pages and advertisements relating thereto, is intended for viewing only within the United States and Canada. This Promotion shall be governed by laws of the United States. Employees of Sponsor and their advertising and promotion agencies, and any other entities participating in the design, promotion, marketing, administration or fulfillment of this Promotion, as well as each of their parent corporations, subsidiaries and affiliated companies (collectively, “Promotion Entities”), and their immediate families (defined as spouse, mother, father, sisters, brothers, sons, daughters, uncles, aunts, nephews, nieces, grandparents and in-laws, regardless of where they live) and members of their households (whether or not related), are ineligible to participate in this Promotion.
- WINNER SELECTION AND NOTIFICATION. On or before 12/19/2022 at 11:00 PM PST 1 potential winner will be randomly selected by Sponsor in its sole discretion from all eligible Entries received during the Promotion Period (“Potential Winner”). Any Potential Winner will be notified by mail, email and/or telephone. If a Potential Winner: (i) cannot be contacted; (ii) does not respond within 48 hours from the day and time the Sponsor first tries to notify him/her; (iii) fails to return the Affidavit and Release as specified in Rule 9; (iv) refuses the Prize; and/or (v) the Prize or prize notification is returned as undeliverable, such Potential Winner forfeits all rights to win the Promotion or receive the Prize, and an alternate potential winner may be selected (“Alternative Potential Winner”). Alternate Potential Winner shall be contacted as soon as practicable and shall also have 48 hours to respond. Sponsor reserves the right to modify the notification procedures in connection with the selection of any Alternate Potential Winner, if any. Upon contacting a Potential Winner and determining that he/she has met all eligibility requirements of the Promotion, including without limitation the execution of required waivers, publicity and liability releases and disclaimers, and, at Sponsor’s discretion, successful completion of a background check if applicable, such Entrant may be declared the “winner” of the Promotion. AN ENTRANT IS NOT A WINNER OF ANY PRIZE UNLESS AND UNTIL ENTRANT’S ELIGIBILITY HAS BEEN VERIFIED AS FULLY STATED HEREIN, AND ENTRANT HAS BEEN NOTIFIED VERIFICATION IS COMPLETE (“Winner”).
- Winner shall receive a paid* trip to Honolulu, HI including (1) guest. Prize includes:
- Roundtrip Airfaire for (2) from Home Location to Honolulu, HI
- (1) Room Hotel Accomodation for (4) Nights
- Winner shall receive a paid* trip to Honolulu, HI including (1) guest. Prize includes:
- (1) Rental Car for Duration of above mentioned accommodations
- Approximate Retail Value ("ARV"): $7500.00 USD.
- Sponsor is not responsible if any part of the Prize is delayed, postponed or cancelled for any reason or if Winner does not use the Prize, in which case Winner will not be reimbursed for the ARV of the Prize. Prize is non-transferable and no substitution will be made except as provided herein and at Sponsor’s sole discretion. Sponsor’s reserves the right to substitute a prize for one of equal or greater value if the Prize should become unavailable for any reason.
- Limit one (1) Prize per person/household. Actual value of Prize may vary and any difference between actual value and ARV will not be awarded. Any costs associated with the receipt of Prize and/or use that are not expressly stated above are not included in the Prize are the sole responsibility of the Winner. Such costs may include, without limitation, taxes, fees and costs to pick-up the Prize or other personal costs and expenses not specified herein but in relation to the use or acceptance of the Prize which are the sole responsibility of the Winner.
- Winner is responsible for obtaining identification documents required for use of the Prize, including any documents required by these Rules. Sponsor will not replace any lost or stolen tickets, vouchers, certificates, gift cards, Prize or Prize components once they are in the Winner’s possession. No transfer, or cash or other substitution of any Prize allowed except that Sponsor reserves the right, in its sole and absolute discretion, to substitute a Prize or Prize component of comparable or greater value.
- General Prize Conditions. Payments of all federal, state and local taxes are solely the responsibility of the Winner. Winner is required to complete and submit an IRS form W – 9 to Sponsor indicating the Winner’s full Social Security Number or equivalent for the receipt of any Prize awarded by Sponsor in a calendar year with an aggregate value of $600 or more. Failure to submit a complete W-9 or equivalent will result in forfeiture of the Prize.
- All federal, state and/or local income and other taxes, if any, are Winner’s sole responsibility.
- ODDS OF WINNING. The odds of winning this Promotion depend on the number of eligible entries received.
- PRIZE ELIGIBILITY.
- Except where prohibited, Potential Prize Winner(s) will be required to execute an Affidavit of Eligibility, including supporting documentation, if any, a Liability Release and a Publicity Release, a Tax Acceptance Form and a Sterling Report (“Verification Documents”), as well as any additional agreements and releases as requested by Sponsor (“Agreement/Release”). Such documents must be signed and returned by the date and/or time indicated within such documents. If Potential Prize Winner fail to sign and return such documents within that time, or if an Entrant is found to be ineligible, or if an Entrant does not comply with the Official Rules, then Potential Prize Winner will be disqualified and an Alternate Potential Winner will be selected. Potential Prize Winners waive the right to assert as a cost of winning the Prize any and all costs of verification and redemption or travel to redeem said Prize and any liability which might arise from redeeming or seeking to redeem said Prize, Global Prize or Global Second Place Prize.
- Sponsor is not responsible for fraudulent calls or emails made to Entrants not from Sponsor. All federal, state or other tax liabilities (including income taxes) arising from this Promotion will be the sole responsibility of the Winners and Guests.
- Winner acknowledges and agrees that Sponsor’s obligations hereunder are contingent upon and subject to Sponsor’s review and acceptance of the background check (“Sterling Report”) of Winner. Sponsor reserves the right, in its sole discretion, to not award Potential Prize Winner the Prize if he/she fails the background check.
- No compensation will be made in the event that the Prize is not awarded, the Event does not occur, or does not occur within a certain time period, due to circumstances beyond Sponsor’s control.
- RESTRICTIONS - VOID WHERE PROHIBITED. This Promotion is subject to all applicable federal, state and local laws of the United States. By participating, Entrants agree to be fully and unconditionally bound by these Official Rules and the decisions of Sponsor and waive any and all right to claim ambiguity in the Promotion or these Official Rules. Sponsor may rescind any promotion found to contain such errors without liability at its sole discretion. Sponsor may at Sponsor’s sole and absolute discretion provide different prizes of different or greater value. Sponsor shall not be liable to any Entrant, Winner or any person claiming through such Entrant or Winner for failure to supply the Prize or any part thereof, reason of any acts of God, any action(s) regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not the action(s) regulation(s), order(s) or request(s) prove(s) to be invalid), equipment failure, threatened terrorist acts, terrorist acts, 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, or any other cause beyond Sponsor’s sole control. Due to the nature of the Prize, Sponsor shall not be obligated to provide the Prize to the Potential Winner if a Potential Winner cannot fully enjoy the Prize due to illness or other reason, which shall be determined in Sponsor’s sole discretion. Under this circumstance, Sponsor may or may not seek an Alternate Potential Winner if it feels there is a reasonable time to do so, in its sole discretion. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
- CONSENT AND RELEASE. By entering the Promotion, each Entrant releases and discharges the Sponsor, Promotion Entities, and any other party associated with the development or administration of this Promotion, their parent, subsidiary, and affiliated entities, and each of their respective officers, directors, members, shareholders, employees, independent contractors, agents, representatives, successors and assigns (collectively, “Sponsor Entities”), from any and all liability whatsoever in connection with this Promotion, including without limitation legal claims, costs, injuries, losses or damages, demands or actions of any kind (including without limitation personal injuries, death, damage to, loss or destruction or property, rights of publicity or privacy, defamation, or portrayal in a false light) (collectively, “Claims”). Except where prohibited by law, Entrant’s entry and Winner’s acceptance of the Prize constitutes: (i) permission for the Promotion Entities to use the Winner’s name, photograph, likeness, statements, biographical information, voice, city and state address and contact information for promotional or advertising purposes in connection with this Promotion on a worldwide basis, and in all forms of media, now or hereafter known, in perpetuity, without review permission or further compensation; (ii) Entrant’s representation and warrantee that he/she owns all rights in and to your Entry and you have complied with these Rules in submitting the Entry and (iii) acceptance of the Prize constitutes a release by Winner of the Sponsor Entities of any and all Claims in connection with the administration of this Promotion and the use, misuse, or possession of any prize.
- DISCLAIMERS. Sponsor not responsible for entries that are lost, late, misdirected, incorrect, garbled, or incompletely received, for any reason, including by reason of hardware, software, browser, or network failure, malfunction, congestion, or incompatibility at Sponsor’s servers or elsewhere. Sponsor Entities are not responsible for errors in the administration or fulfillment of this Promotion, including without limitation mechanical, human, printing, distribution or production errors, and may cancel, terminate or modify this Promotion based upon such error at its sole discretion without liability. In no event will Sponsor be responsible for awarding more than the number of prizes specified in these rules. In the event this Promotion is cancelled or terminated, Sponsor, in its sole discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any or all of the prizes offered herein. By entering this Promotion you are giving your permission to receive emails from Sponsor. SPONSOR ENTITIES MAKE NO WARRANTIES, REPRESENTATIONS OR GUARANTEES, EXPRESS OR IMPLIED, IN FACT OR IN LAW, AS REGARDS THIS PROMOTION OR THE MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE REGARDING ANY PRIZE OR ANY COMPONENT OF ANY PRIZE. CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE THE PROMOTION OR UNDERMINE THE LEGITIMATE OPERATION OF THIS PROMOTION MAY BE A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING WITHOUT LIMITATION ATTORNEYS’ FEES) FROM ANY SUCH ENTRANT TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
- APPLICABLE LAWS AND JURISDICTION; CLASS ACTION WAIVER.
READ THIS SECTION CAREFULLY - IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS.
This Promotion is subject to all applicable federal, state, and local laws and regulations. Issues concerning the construction, validity, interpretation and enforceability of these Rules shall be governed by the laws of the State of California, without regard to any principles of conflict of laws. All disputes arising out of or connected with this Promotion will be resolved individually, and without resort to class action, exclusively by a state or federal court located in Los Angeles, California. Should there be a conflict between the laws of the State of California and any other laws, the conflict will be resolved in favor of the laws of the State of California. To the extent permitted by applicable law, all judgments or awards shall be limited to actual out-of-pocket damages (excluding attorneys’ fees) associated with participation in this Promotion and shall not include any indirect, punitive, incidental and/or consequential damages.
- JURY TRIAL WAIVER.
READ THIS SECTION CAREFULLY - IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS.
EXPECT AS PROHIBITED BY LAW AND AS A CONDITION OF PARTICIPATING IN THIS PROMOTION, ENTRANT HEREBY WAIVES ANY RIGHT HE/SHE MAY HAVE TO A TRIAL BY JURY IN RESPECT TO ANY LITIGATION DIRECTLY OR INDIRECTLY ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS PROMOTION, ANY DOCUMENT OR AGREEMENT ENTERED INTO CONNECTION HEREWITH AND ANY OF THE TRANSACTIONS CONTEMPLATED HEREBY OR THEREBY.
- RULES/WINNERS LIST: For the name of prize winner(s) send an email to firstname.lastname@example.org. In the subject of the email, type “Beautiful Disaster Hawaii Giveaway”. Sponsor shall only release the first name, the last initial and state of residence of the winner to those requesting this information.
- This Promotion is sponsored by Handsome Devil, Inc. aka Beautiful Disaster, 1801 Holser Walk, Suite 115, Oxnard CA 93036.
- This promotion is in no way sponsored, endorsed, administered by or associated with Facebook or Instagram.