The [Thomas Vanderham SMS] (the “Sweepstakes”) starts on [May] [23], 2022 at 12:00 a.m. Pacific Time (“PT”) and ends on [June] [13], 2022 at 11:59 p.m. PT (the “Sweepstakes Period”).
Please read these Official Rules carefully as they contain important information about how the Sweepstakes will be conducted, including eligibility to enter, deadline dates for entry, and rules regarding name submissions that may be entered in the Sweepstakes. PLEASE REVIEW THE DISPUTES SECTION BELOW AS IT AFFECTS YOUR LEGAL RIGHTS IN THE EVENT OF A DISPUTE BETWEEN US, WHICH WILL BE HANDLED BY INDIVIDUAL BINDING ARBITRATION.
ELIGIBILITY: The Sweepstakes is open to legal residents of the fifty (50) United States and the District of Columbia, who are at least 18 years of age. Eligible minors must obtain their parents or legal guardians' permission prior to participating. Employees of Dakine (“Sponsor”), its subsidiaries, affiliates, Sweepstakes and advertising agencies, and members of their immediate family (spouse and parent, children and siblings and their respective spouses, regardless of where they reside) and persons living in the same household, whether or not related, of such employees, are not eligible to enter or win. Void where prohibited by law. Sweepstakes is subject to all applicable federal, state and local laws.
HOW TO ENTER:
By Mobile Device: During the Sweepstakes Period, text THOMAS to 76625 to receive one (1) entry into the Sweepstakes random drawing. By texting THOMAS to 76625, you will be automatically opted-in to receive messages from Sponsor concerning this Sweepstakes as well as messages concerning Sponsor's products and services to the phone number provided at the time of entry. Message and data rates may apply. Up to 1 message received per entry attempt. Text “STOP” to 76625 to stop. Text “HELP” to 76625 for help. If you opt out of communications from Sponsor during the Sweepstakes Period, you risk forfeiture of prize if selected, as more fully described in these Official Rules.
By Write-In. An entrant may participate by an alternative method of entry ("AMOE") by mailing a letter to Sponsor at the address indicated below, Attention: Thomas Vanderham SMS Sweepstakes, with entrant's name, address, age, and email address.
Limit one (1) entry per person, regardless of method of entry. Entries generated by script, macro or other automated means or by any means which subvert the entry process are void. Entries received from any person, household, or email address in excess of the stated limitation will be void.
RANDOM DRAWING: Four (4) winners will be selected on or about the day following the end of the Sweepstakes Period in a random drawing from among all entries properly submitted during the Sweepstakes Period. Odds of winning are dependent upon the total number of eligible entries received. Drawings will be conducted by Sponsor whose decisions are final and binding in all matters related to the Sweepstakes. Prize award is subject to verification of eligibility and compliance with these Official Rules.
WINNER NOTIFICATION: Sponsor's decisions are final and binding on all matters relating to this Sweepstakes. Potential winners will be notified via email or SMS and must respond and agree to the prize opportunity within 48 hours of initial notification. Potential winners may subsequently be required to complete an Affidavit of Eligibility, Liability and Publicity Release (unless prohibited by law) and any other documents required by Sponsor, which must be returned within the date appearing on such documentation. Entry and acceptance of prize constitute consent for certain relevant identifying information to be included in the winner's list. Depending on the nature of the Prizes, Prizes will be shipped to respective winners by USPS or private carrier service at Sponsor's sole discretion. Winners will be required to provide their mailing address in order to obtain their prize. Return of prize or prize notification as undeliverable, failure to respond to Sponsor's phone and/or email notification within 48 hours of initial notification or failure to sign and return requested documentation within the specified time period, the inability of Sponsor to contact the potential winner within a reasonable time period, or noncompliance with these Official Rules by the potential winner will result in disqualification and, at Sponsor's sole discretion, prize may be awarded to an alternate.
PRIZE: Each winner will receive [Bike Jersey, Bike Waist Pack, Bike Glove]. Approximate retail value of each prize is (“ARV”) is $100-500.
PRIZE CONDITIONS: Winner may not substitute, assign or transfer prize or redeem prize for cash, but Sponsor reserves the right, at its sole discretion, to substitute the prize with one of comparable or greater value not to exceed $100 each. Winner is responsible for all applicable federal, state and local taxes and all other costs associated with prize acceptance and use not specified herein as being provided. All prize details are at Sponsor's sole discretion.
GENERAL CONDITIONS: By participating, each entrant agrees: (a) to abide by these Official Rules and decisions of Sponsor and judges, which shall be final and binding in all respects relating to this Sweepstakes; (b) to release, discharge and hold harmless Sponsor and its parent(s), affiliates, subsidiaries, and advertising and Sweepstakes agencies, and the respective officers, directors, shareholders, employees, agents and representatives of the forgoing (collectively, “Released Parties”) from any and all injuries, liability, losses and damages of any kind to persons, including death, or property resulting, in whole or in part, directly or indirectly, from entrant's participation in the Sweepstakes or any Sweepstakes-related activity or the acceptance, possession, use or misuse of any awarded prize; and (c) to the use of his/her name, voice, performance, entry, and/or likeness for programming, advertising, publicity and promotional purposes in any and all media, now or hereafter known, worldwide and on the Internet, and in perpetuity by Sponsor and its designees, without compensation (unless prohibited by law) or additional consents from entrant or any third party and without prior notice, approval or inspection, and to execute specific consent to such use. By participating, entrant also agrees not to release any publicity or other materials on their own or through someone else regarding their participation in the Sweepstakes without the prior consent of the Sponsor, which it may withhold in its sole discretion. In addition, entrant agrees to receive promotional and/or other communications from Sponsor and/or affiliated entities unless and until entrant chooses to opt out or unsubscribe from SMS or email communications. Opting out and/or unsubscribing from one method will not opt out or unsubscribe from the other. In addition, opting out or unsubscribing may cause entrant to forfeit prize if their entry is selected and Sponsor is not able to contact winner.
MISCELLANEOUS: The Released Parties are not responsible for lost, late, incomplete, damaged, inaccurate, stolen, delayed, misdirected, undelivered, or garbled entries, or for lost, interrupted or unavailable network, server, Internet Service Provider (ISP), website, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties, or other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Sweepstakes, including, without limitation, errors or difficulties which may occur in connection with the administration of the Sweepstakes, the processing of entries, or the announcement of the purchase opportunities, or in any Sweepstakes-related materials. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by site users, tampering, hacking, or by any equipment or programming associated with or utilized in the Sweepstakes. Released Parties are not responsible for injury or damage to any person's computer related to or resulting from participating in this Sweepstakes or downloading materials from or use of the website. Persons who tamper with or abuse any aspect of the Sweepstakes or website, who act in an unsportsmanlike or disruptive manner or who are in violation of these Official Rules, as solely determined by Sponsor, will be disqualified and all associated Entries will be void. Should any portion of the Sweepstakes be, in Sponsor's sole opinion, compromised for any reason, including virus, worms, bugs, non-authorized human intervention or other causes which, in the sole opinion of the Sponsor, corrupt or impair the administration, security, fairness or proper play, or submission of entries, Sponsor reserves the right at its sole discretion to suspend, modify or terminate the Sweepstakes (or portion thereof) and, if terminated, at its discretion, select the potential winner in a random drawing from all eligible, non-suspect entries received prior to action taken. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK ANY AND ALL REMEDIES AVAILABLE FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
DISPUTES: Except where prohibited by law, as a condition of participating in this Sweepstakes, entrant agrees that (1) any and all disputes and causes of action arising out of or connected with this Sweepstakes, including without limitation, entering by SMS and receiving ongoing SMS messages from Sponsor, or any prize awarded, shall be resolved individually, without resort to any form of class action, and exclusively by final and binding arbitration under the rules of the American Arbitration Association and held at the AAA regional office nearest the entrant; (2) the Federal Arbitration Act shall govern the interpretation, enforcement and all proceedings at such arbitration; and (3) judgment upon such arbitration award may be entered in any court having jurisdiction. Under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, punitive, incidental or consequential damages, or any other damages, including attorneys' fees, other than entrant's actual out-of-pocket expenses (i.e., costs associated with participating in this Sweepstakes), and entrant further waives all rights to have damages multiplied or increased.
CHOICE OF LAW: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the substantive laws of the State of California, USA.
REQUEST FOR WINNERS' NAME: For the name of the winners, send a self-addressed stamped envelope to Sponsor at the address below, addressed to [Thomas Vanderham SMS] Sweepstakes Winner, between 30 and 60 days following the end of the Sweepstakes Period.
SPONSOR: Dakine Holdings, [6255 Sunset Blvd, Suite 650 | Hollywood, CA 90028].