NO PURCHASE OR PAYMENT IS NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
OPEN TO LEGAL RESIDENTS OF THE 50 UNITED STATES AND THE DISTRICT OF COLUMBIA WHO ARE AT LEAST THE LEGAL AGE OF 21 WITHIN THEIR STATE OF RESIDENCE AT THE TIME OF ENTRY. VOID WHERE PROHIBITED OR RESTRICTED BY LAW OR REGULATIONS.
1. Sponsor. The Sponsor of this Sweepstakes (the “Sweepstakes”) is WINK VAPE, 840 18th Street, Manhatten Beach, CA 90266, (310) 720-8008, wink-wink.com, whose decisions are final and binding as to all aspects of this Sweepstakes. Sponsor may promote and advertise this Sweepstakes using services provided by Twitter, Facebook and Instagram; however, this Sweepstakes is in no way sponsored, endorsed or administered by, or associated with, Facebook, Instagram or Twitter. Any inquiries regarding this Sweepstakes are to be directed to Sponsor. Entrants shall not use the trademarks of Sponsor or falsely associate themselves with Sponsor during or after the Entry Period.
2. Binding Agreement. These Official Rules constitute a legally binding agreement by and between Sponsor and entrant, and govern entry in the Sweepstakes (defined below). By participating, entrants fully and unconditionally agree to abide by these Rules. Failure to comply with these Rules will void a participant’s entry. Winning a prize is contingent upon fulfilling all requirements set forth herein. Entrants and/or potential winner may be required to provide proof of identification and eligibility as required by Sponsor. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any other Sweepstakes or promotional materials and the terms and conditions of these Rules, these Rules shall prevail, govern and control.
3. Eligibility. The Sweepstakes is open only to natural persons who are legal residents of, and physically located within, any of the fifty (50) United States or the District of Columbia and who are at least the legal age of majority within their state of residence at time of entry. A participant’s entry into the Sweepstakes will be deemed to be a representation that the entrant is the legal age of majority or older. The Sweepstakes is void in Puerto Rico, all other United States territories, outside the 50 United States, and where prohibited or restricted by law. All the directors, officers, employees, and agents of Sponsor, and of its subsidiaries, affiliates, sales representatives, distributors, licensees, agents, website administrators, advertising and Sweepstakes agencies, and any immediate family members (spouses, parents, children, and siblings and their respective spouses, regardless of where they reside) and those living in the same household (whether related or not) of any of the foregoing, are not eligible to participate in the Sweepstakes. Any person who has won a prize in one of Sponsor’s previous sweepstakes or contests within the one year period prior to the commencement of the Sweepstakes is not eligible to participate in the Sweepstakes. Further, each participant is only eligible for one (1) prize awarded during the Sweepstakes. The Sweepstakes is subject to all federal, state, and local laws and regulations.
4. Entry Period. The Sweepstakes begins on January 20th 2016 at 12:00:01 AM Pacific Standard Time (“PST”) and ends on February 14th at 11:59:59 PM PST (the “Entry Period”). Sponsor’s computer will be the official Sweepstakes time-keeping device. Entries that are submitted before or after the Entry Period will be disqualified. Any proof of submission does not constitute proof of receipt. Entries will not be acknowledged or returned.
5. How to Enter. An entry into the Sweepstakes may be made with no purchase necessary by (i) visiting http://www.wink-wink.com/vday-2017-sweepstakes during the Entry Period and (ii) accurately completing and submitting the Sweepstakes entry form with your valid name, email address, and telephone number (optional). Once you submit an entry, you will be entered into the Sweepstakes. Entrants must include all required data requested on the entry form for the entry to be valid. There is a limit of one (1) entry into the Sweepstakes per person/authorized account holder. “Authorized account holder” is defined as the natural person who is assigned to the e-mail address by an Internet access provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. In the event of a dispute as to any entry submitted, the entry will be deemed made by the authorized account holder of the email address submitted at the time of entry. Proof of being the authorized account holder may be required. Only Entries submitted through the website above and otherwise in compliance with these Rules will be accepted. Entries received in excess of the limits stated herein are void, and entrant may be disqualified in Sponsor’s sole discretion. Entries generated by script, macro or other automated means and entries by any means which subvert the entry process will be void and may disqualify any entrant who uses such means to enter from participating. If it is discovered or suspected that an entrant attempted to enter or receive entries using multiple email accounts or identities, all of that entrant’s entries will be declared null and void and that entrant will be ineligible to win the Prize. Entrant is responsible for notifying Sponsor in writing if his or her email or other contact information has changed.
Important notice regarding online entry from your mobile device: Depending on your wireless service provider/plan, you may be subject to additional fees when accessing and using the mobile services from your device in connection with entering and participating in the Sweepstakes or communicating with Sponsor or its representatives. Entrants using this means of entry are solely responsible for all charges, fees and taxes associated with entry and participation in this Sweepstakes. Entrants should consult their wireless service provider regarding its pricing plans prior to participating via a mobile device. Sponsor is not responsible for any 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, which entries are void.
6. Winner Determination and Notification. Sponsor’s decisions as to the administration and operation of the Sweepstakes and the selection of the potential winner are final and binding in all matters related to the Sweepstakes. On or about the next business day after the Entry Period, Sponsor will select the potential Sweepstakes winner in a random drawing from among from all eligible entries received during the Entry Period. The winner is considered a potential winner pending verification of eligibility and compliance with these Rules. Winner will be notified by e-mail or by telephone within two weeks after the drawing. If Sponsor is unable to contact a potential winner within a reasonable time period, or a potential winner is not otherwise in compliance with these Official Rules or applicable law, the potential winner’s prize will be forfeited and, at Sponsor’s sole discretion and time permitting, it may select an alternate winner from all remaining eligible entries. There will be a maximum of three (3) alternate drawings after which the prize will remain unawarded. The Prize will be awarded approximately twenty (20) business days after the conclusion of the drawing (and after the winner is verified by Sponsor and all “Winner Requirements” detailed below have been met).
7. Prize (1). Five Winner will receive one (1)W!NK Signature Vape Pen. The total ARV (Approximate Retail Value) in U.S. dollars of all prizes awarded in this Sweepstakes is $200.00
The Prize will be awarded only if the potential winner fully complies with these Rules. No cash in lieu of a prize will be awarded. No transfer, assignment, exchange, refund or substitution of a prize (or portion of any prize) permitted unless Sponsor, in its sole discretion, determines otherwise. Gift cards are promotional in nature and are not paid for by the winner, nor does the winner own any right, title, or interest in them unless or until he or she redeems them under the terms set forth herein and on Amazon.com. The winner must protect the Prize and treat the gift card as he or she would treat any other valuable document. The Prize will not be replaced or replenished if it is lost, stolen, damaged, destroyed or used without the winner's permission. All details and other restrictions of the Prize not specified in these Rules will be determined by Sponsor in its sole discretion. Sponsor reserves the right to substitute an alternative prize, in whole or in part, of equal or greater monetary value if a prize becomes unavailable or cannot be awarded as described for any reason.
Prizes pictured in advertising, marketing or promotional materials are for illustrative purposes only. All costs, including federal, state and local taxes, insurance, any costs/expenses related to participation in the Sweepstakes or acceptance or use of the Prize, and other expenses not specifically identified as included in the Prize, are the sole responsibility of the winner. SPONSOR MAKES NO WARRANTIES OR GUARANTEES OF ANY KIND REGARDING THE PRIZE, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND THE WINNER SHALL TAKE THE PRIZE “AS IS” AND AT HIS OR HER OWN RISK.
Odds of winning depend on the number of eligible entries received. At Sponsor’s discretion, any unclaimed prize may not be awarded.
8. Winner Requirements. The potential winner must comply with all terms and conditions of these Rules, and winning is contingent upon fulfilling all requirements. The potential winner will be required to execute and return an Affidavit of Eligibility, Liability/Publicity Release (the “Affidavit”) within seven (7) calendar days following the date of attempted notification. If a selected winner cannot be contacted, is ineligible, fails to claim the Prize, and/or fails to return the Affidavit within the applicable time period, Sponsor may elect to disqualify the selected winner, who will then forfeit his or her right to receive the Prize. In the event a potential winner is disqualified for any reason, Sponsor will award the Prize to an alternate winner selected by a random drawing from among all remaining eligible entries as detailed in section 6 above. Arrangements for delivery of the Prize will be made after winner validation.
Acceptance of any prize shall constitute and signify the winner’s agreement and consent that Sponsor may use the winner’s name, photos and/or likeness, voice recording, video images and all related footage, Prize information, and all accompanying personally identifiable information entrant submits, in connection with the Sweepstakes and for promotion, trade, commercial, advertising and publicity purposes, at any time or times, in all media now known or hereafter discovered, worldwide, including but not limited to on television, radio, the Word Wide Web and Internet (including Sponsor’s website and various social media platforms), without limitation and without further payment or consideration, except where prohibited by law. If Sponsor requests the winner’s cooperation in promoting the Sweepstakes, the winner agrees to be reasonably available for such promotional activities.
9. Release and Limitations on Liability. By participating in the Sweepstakes, entrants agree to release and hold harmless Sponsor, Facebook, Instagram, Twitter and each of their respective subsidiaries, affiliates, sales representatives, distributors, website administrators, licensees, agents, advertising and Sweepstakes agencies, and all directors, officers, and employees of any of the foregoing entities (the “Released Parties”), from and against any and all claims, lawsuits, judgments, causes of action, injuries, losses, proceedings, demands, fines, penalties, liabilities, costs and expenses (including, without limitation, reasonable outside attorneys’ fees and court costs) (collectively, “Claims”) arising out of or relating to participation in the Sweepstakes, or receipt or use of any prize, including, but not limited to: (a) unauthorized human intervention in the Sweepstakes; (b) technical errors related to computers, servers, providers, or telephone or network lines; (c) any incorrect or inaccurate information, whether caused by entrant, printing or typographical errors or by any of the equipment or programming associated with or utilized in the Sweepstakes; (d) incomplete, lost, late, misdirected, incorrect, damaged, garbled, or illegible entries or for failure to receive entries due to any cause including, but not limited to, human, transmission, or technical problems, failures, or malfunctions of any kind, whether originating with sender, Released Parties or otherwise, that may limit an entrant’s ability to participate in the Sweepstakes; (e) errors in the administration of the Sweepstakes or the processing of entries; (f) injury or damage to entrant, third persons or property that may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Sweepstakes or acceptance, receipt, use, or misuse of any prize, or travel to any Sweepstakes-related events; and (g) any Claims based on publicity rights, copyright/trademark infringement, intellectual property rights, defamation, invasion of privacy or merchandise delivery. Entrant further agrees to release the Released Parties and their designees and assigns from any liability whatsoever, and waive any and all Claims of any kind arising out of, relating to, or in connection with the Sweepstakes or acceptance, possession, or use of any prize (including, without limitation, attorneys’ fees, claims, costs, personal injuries, losses and damages related to personal injuries, death, damage to or destruction or property, rights of publicity or privacy, defamation, or portrayal in a false light, whether intentional or unintentional), whether under a theory of contract, tort (including negligence), warranty, or other theory. Entrant further agrees that Released Parties are in no matter responsible for any warranty, representation, or guarantee, expressed or implied, in fact or in law, relating to the creation, administration or fulfillment of the Sweepstakes and/or the awarding of any prize. Released Parties will not be liable to winner or any other person for failure to supply any prize or any part thereof, by reason of fire, flood, epidemic, earthquake, unusually severe weather, hurricane, embargo, explosion, labor dispute or strike, labor or material shortage, transportation interruption of any kind, work slow-down, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, war (declared or undeclared), terrorist threat or activity, any federal, state, or local government law, order, request, or regulation, or order of any court or jurisdiction (each a “Force Majeure” event or occurrence), or any other cause beyond Released Parties’ control.
Participants further understand and agree that all rights under Section 1542 of the Civil Code of California (“Section 1542”) and any similar law of any state or territory of the United States that may be applicable with respect to the foregoing release are hereby expressly and forever waived. Participants acknowledge that Section 1542 provides that: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” 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.
10. Additional Rules. Sponsor reserves the right to: (i) permanently disqualify from any Sweepstakes it sponsors any person it believes has intentionally violated these Rules; and (ii) suspend, modify or terminate the Sweepstakes if Sponsor believes, in its sole discretion, that fraud, virus, tampering, malfunction, error, disruption, damage or any other cause beyond the control of Sponsor is impairing or will impair the administration, security, fairness, or integrity of the Sweepstakes. If, for any reason, the Sweepstakes is not capable of running as planned (including, without limitation, due to a Force Majeure event or any unanticipated occurrence that is not fully addressed in these Rules), Sponsor may, in its sole discretion, suspend the Sweepstakes to address the impairment and then resume the Sweepstakes in a manner that best conforms to the spirit of these Rules; or award the prize from among the non-suspect, eligible entries received up to the time of the impairment. If, for any reason, more prize notifications are sent (or more claims are received) than the number of prizes offered, as set forth in these Rules, Sponsor reserves the right to award the intended number of prizes through a random drawing from among all eligible prize claims received. Sponsor may disqualify any entrant(s), during or after the Entry Period, if: (i) any such entrant harms or publicly disparages Sponsor during or after the Entry Period; (ii) Sponsor learns of any such entrant’s previous, current, or future immoral, illegal, or inappropriate acts; (iii) any such entrant provides false information about the Sweepstakes to Sponsor or the public; (iv) any such entrant uses Sponsor’s trademarks or otherwise inappropriately associates the entrant with Sponsor; or (v) any such entrant does not obtain Sponsor’s prior written approval before providing interviews or public comment related to the Sweepstakes. Sponsor may also prohibit an entrant from participating, winning, or accepting a prize (and void all associated entries) if, in its sole discretion, it determines that said entrant is attempting to undermine the legitimate operation of the Sweepstakes and associated prize by cheating, deception or other unfair practices or intending to annoy, abuse, threaten or harass any other participants or Sponsor’s representatives. Sponsor’s failure to enforce any term of these Rules shall not constitute a waiver of that provision.
CAUTION: ANY ATTEMPT BY A PARTICIPANT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
11. Disputes. All issues and questions concerning the construction, validity, interpretation and enforceability of these Rules, or the rights and obligations of the entrant and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of California without giving effect to any choice of law or conflict of law rules, which could cause the application of the laws of any jurisdiction other than California. Entrants hereby agree that any and all disputes, claims, causes of action at law or in equity, or controversies arising out of or relating to this Sweepstakes, if not otherwise resolved through direct discussions, shall be resolved exclusively by binding arbitration before a single arbitrator pursuant to this provision and the procedures of JAMS, Inc. at its offices located in Orange County, California. The arbitrator’s authority to resolve Claims is limited to Claims between Sponsor and entrant alone. Furthermore, claims brought by either party against the other may not be joined or consolidated in arbitration with Claims brought by or against any third party, unless agreed to in writing by all parties. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. NEITHER PARTY WILL HAVE THE RIGHT TO LITIGATE ANY CLAIM IN COURT. FURTHER, NEITHER PARTY WILL HAVE THE RIGHT TO PARTICIPATE IN A REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC OR OTHER PERSONS SIMILARLY SITUATED, OR AS A MEMBER OF ANY CLASS OF CLAIMANTS PERTAINING TO ANY CLAIM SUBJECT TO ARBITRATION. THE ARBITRATOR’S DECISION WILL BE FINAL AND BINDING. NEITHER PARTY SHALL BE PERMITTED TO OBTAIN AWARDS FOR, AND EACH PARTY HEREBY WAIVES ALL RIGHTS TO CLAIM, PUNITIVE, INCIDENTAL, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES AND ANY OTHER DAMAGES, OTHER THAN FOR ACTUAL OUT-OF-POCKET EXPENSES INCURRED AND WAIVES ALL RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED, INCLUDING ATTORNEY’S FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF. ANY DEMAND FOR ARBITRATION MUST BE FILED WITHIN ONE (1) YEAR OF THE TIME THE CAUSE OF ACTION OCCURRED, OR THE CAUSE OF ACTION SHALL BE FOREVER BARRED.
13. Winner(s) List. For the Winner(s) List, send a stamped (VT residents omit postage), self-addressed envelope to: WINK-WINK, 840 18TH Street, Manhattan Beach, CA 90266. Requests will only be accepted after the end of the Entry Period and must be received by no later than Feb. 28, 2016.
14. Severability. If any portion of these Rules should be held invalid or unenforceable for any reason, such portion shall be deemed modified or severed from this agreement in such a manner as to enable the remaining portions of these Rules to remain in full force and effect as if no invalid or unenforceable provision had been part of this agreement.