The Cloud Break Optics $100 Gift Card Program (the “Program”) is a monthly prize draw sponsored by Cloud Break Optics, LLC (“Sponsor”). As described more fully in Section 4 of these Cloud Break Optics $100 Gift Card Program Official Rules (“Official Rules”), contestants may enter the monthly prize draw by posting or sharing photos, stories, and reviews (“User Content”) relating to products offered by participating merchants (“Merchants”) or by entering here as an alternate method of entry.
NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE THE CHANCES OF WINNING.
1. Eligibility: The Program is open only to individuals who post or share User Content as directed by a Merchant, and who are the age of majority (typically 18 years of age or older) as of the date of entry. The Program is only open to legal residents of the United States, and is void where prohibited by law. Employees of Sponsor or of a Merchant, their affiliates, subsidiaries, advertising and promotion agencies, and suppliers, (collectively the “Employees”), and immediate family members or those living in the same household of Employees are not eligible to participate in the Program. The Program is subject to all applicable federal, state, and local laws and regulations. Void where prohibited by law.
2. Agreement to Official Rules: By participating in the Program, the contestant (“You”) agree to be fully and unconditionally bound by these Official Rules, and You represent and warrant that You meet the eligibility requirements. In addition, You agree to accept the decisions of Sponsor as final and binding as it relates to the content and administration of the Program.
3. Program Period: The Program is a monthly prize draw. Therefore, each calendar month represents a separate contest period (“Program Period”). Entries may be submitted at any time, but entries received after 11:59 AM (Central Standard Time) on the last day of a calendar month will automatically be considered for entry in the prize draw for the following calendar month.
4. How to Enter: The Program must be entered by submitting User Content via a link provided to You by a Merchant. The entry must fulfill all Program requirements, as specified, to be eligible to win a prize. Entries that are incomplete or do not adhere to the rules or specifications may be disqualified at the sole discretion of Sponsor. You may not enter more times than indicated by using multiple email addresses, identities, or devices in an attempt to circumvent these Official Rules. If You use fraudulent methods or otherwise attempt to circumvent the Official Rules, your submission may be disqualified at the sole discretion of Sponsor.
5. Prizes: The winner in a given Program Period (the “Winner”) will receive a Cloud Break Optics Gift Card valued at $100.00. Actual/appraised value may differ at time of prize award. The specifics of the prize shall be solely determined by Sponsor. No cash or other prize substitution shall be permitted except at Sponsor’s discretion. The prize is nontransferable. Any and all prize-related expenses, including without limitation any and all federal, state, and/or local taxes, shall be the sole responsibility of Winner. No substitution of prize or transfer/assignment of prize to others or request for the cash equivalent by Winner is permitted. Acceptance of prize constitutes permission for Sponsor and the applicable Merchant to use Winner’s name, likeness, and entry for purposes of advertising and trade without further compensation, unless prohibited by law.
6. Odds: The odds of winning depend on the number of eligible entries received in a given Program Period.
7. Winner Selection and Notification: Winner will be selected by a random drawing under the supervision of Sponsor. Winner will be notified by email within five (5) days following selection of Winner. Neither Sponsor nor any Merchant shall have liability for Winner’s failure to receive notices due to spam, junk e-mail, or other security settings or for Winner’s provision of incorrect or otherwise non-functioning contact information. If Winner cannot be contacted, is ineligible, fails to claim the prize within 10 days from the time award notification was sent, or fails to timely return a completed and executed declaration and release as required, the prize may be forfeited and an alternate Winner selected. Receipt by Winner of the prize offered in the Program is conditioned upon compliance with any and all federal, state, and local laws and regulations. ANY VIOLATION OF THESE OFFICIAL RULES BY WINNER (AS DETERMINED IN SPONSOR’S SOLE DISCRETION) WILL RESULT IN WINNER’S DISQUALIFICATION AS WINNER OF THE PROGRAM, AND ALL PRIVILEGES AS WINNER WILL BE IMMEDIATELY TERMINATED.
8. Rights Granted by You; Indemnity Obligation: By entering the User Content (e.g., photo, video, text, etc.), You understand and agree that Sponsor, anyone acting on behalf of Sponsor, and Sponsor’s licensees, successors, and assigns, shall have the right, where permitted by law, to print, publish, broadcast, distribute, and use in any media now known or hereafter developed, in perpetuity and throughout the world, without limitation, your entry, name, portrait, picture, voice, likeness, image, statements about the Program, and biographical information for news, publicity, information, trade, advertising, public relations, and promotional purposes without any further compensation, notice, review, or consent. By entering User Content, You represent and warrant that your entry is an original work of authorship, and does not violate any third party’s proprietary or intellectual property rights. If your entry infringes upon the intellectual property right of another, You will be disqualified at the sole discretion of Sponsor. If the User Content of your entry is claimed to constitute infringement of any proprietary or intellectual proprietary rights of any third party, You shall, at your sole expense, defend or settle against such claims. You shall indemnify, defend, and hold harmless Sponsor from and against any suit, proceeding, claims, liability, loss, damage, costs or expense, which Sponsor may incur, suffer, or be required to pay arising out of such infringement or suspected infringement of any third party’s right.
9. Terms & Conditions: Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Program should virus, bug, non-authorized human intervention, fraud, or other cause beyond Sponsor’s control corrupt or affect the administration, security, fairness, or proper conduct of the Program. In such case, Sponsor may select the Winner from all eligible entries received prior to and/or after (if appropriate) the action taken by Sponsor. Sponsor reserves the right, in its sole discretion, to disqualify any individual who tampers or attempts to tamper with the entry process or the operation of the Program, Sponsor’s website, Merchant’s website, or violates these Terms & Conditions. Sponsor has the right, in its sole discretion, to maintain the integrity of the Program, to void entries for any reason, including, but not limited to: multiple entries from the same user from different IP addresses; multiple entries from the same computer in excess of that allowed by Program rules; or the use of bots, macros, scripts, or other technical means for entering. Any attempt by an entrant to deliberately damage any website or undermine the legitimate operation of the Program may be a violation of criminal and civil laws. Should such an attempt be made, Sponsor reserves the right to seek damages to the fullest extent permitted by law.
10. Release and Limitation of Liability: By entering, You agree to release and hold harmless Sponsor, any Merchants, Facebook, Twitter, and Pinterest, and all of their subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, officers, and directors from any liability, illness, injury, death, loss, litigation, claim, or damage that may occur, directly or indirectly, whether caused by negligence or not, from: (i) such entrant’s participation in the Program and acceptance, possession, use, or misuse of any prize or any portion thereof; (ii) technical failures of any kind, including but not limited to the malfunction of any computer, cable, network, hardware, or software, or other mechanical equipment; (iii) the unavailability or inaccessibility of any transmissions, telephone, or Internet service; (iv) unauthorized human intervention in any part of the entry process or the Promotion; (v) electronic or human error in the administration of the Promotion or the processing of entries. ANY CLAIMS, JUDGMENTS AND/OR AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS ASSOCIATED WITH SUBMITTING AN ENTRY IN THE PROGRAM. YOU HEREBY WAIVE ANY RIGHTS OR CLAIMS TO ATTORNEY'S FEES, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER FORESEEABLE OR NOT AND WHETHER BASED ON NEGLIGENCE OR OTHERWISE.
11. Disputes; Class-Action Waiver; Jury Waiver: The Program is governed by the laws of Texas, without respect to its conflict of law doctrines. As a condition of participating in the Program, You agree that any and all disputes that cannot be resolved between the parties, and causes of action arising out of or connected with the Program, shall be resolved individually, without resort to any form of class action, exclusively before a court located in Austin, Texas having jurisdiction. EACH PARTY IRREVOCABLY AND UNCONDITIONALLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN ANY LEGAL ACTION, PROCEEDING, CAUSE OF ACTION, OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THESE OFFICIAL RULES.
12. Privacy Policy: Information submitted with an entry is subject to the Privacy Policy stated on the Sponsor website. To read the Privacy Policy, http://legal.rivet.works/privacy.html click here.
13. Winners List: To obtain a copy of the Winner’s name or a copy of these Official Rules, mail your request along with a stamped, self-addressed envelope to: Cloud Break Optics, 2821 NW Market St, STE G, Seattle, WA 98107. Requests must be received no later than 30 days following the end of the applicable Program Period.
14. Sponsor: The Sponsor of the Program is Cloud Break Optics, 2821 NW Market St, STE G, Seattle, WA 98107.
15. The Program is hosted by Sponsor and is in no way sponsored, endorsed, administered by, or associated with Facebook, Twitter, or Pinterest.
