All The Good Things Official Rules
All The Good Things Giveaway - OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR WIN. MAKING A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION AND ENTRANTS WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION FORMAT
1. PROMOTION DESCRIPTION
All The Good Things Giveaway ("Sweepstakes") begins on 5/2/2021 at 12:01 AM PST and ends on 5/9/2021 at 11:59 PM PST (the "Promotion Period").
The sponsor of this Sweepstakes is Our Place ("Sponsor"). By participating in the Sweepstakes, each Entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of Sponsor, which shall be final and binding in all respects. Sponsor is responsible for the collection, submission or processing of Entries and the overall administration of the Sweepstakes. Entrants should look solely to Sponsor with any questions, comments or problems related to the Sweepstakes. Sponsor may be reached by email at email@example.com during the Promotion Period.
The Sweepstakes is open to legal residents of the 50 United States, including the District of Columbia, who are 18 years of age or older at the time of entry (the "Entrant"). Void in Puerto Rico, Guam, the U.S. Virgin Islands, outside the U.S., and wherever else prohibited by law. Sponsor, and their respective parents, subsidiaries, affiliates, distributors, retailers, sales representatives, advertising and promotion agencies and each of their respective officers, directors and employees (the \"Promotion Entities\"), are ineligible to enter the Sweepstakes or win a prize. Household Members and Immediate Family Members of such individuals are also not eligible to enter or win. "Household Members" shall mean those people who share the same residence at least three months a year. "Immediate Family Members" shall mean parents, step-parents, legal guardians, children, step-children, siblings, step-siblings, or spouses. This Sweepstakes is subject to all applicable federal, state and local laws and regulations and is void where prohibited or restricted by law. Sponsor reserves the right to verify an Entrant’s eligibility before, during, and/or after the Sweepstakes.
3. HOW TO ENTER
Enter the Sweepstakes during the Promotion Period online by visiting the entry form, which can be found on the following website at www.fromourplace.com/pages/All-The-Good-Things-Giveaway. Limit: One (1) Entry per person. All entries become the property of the Sponsor and will not be acknowledged or returned. Automated or robotic Entries submitted by individuals or organizations will be disqualified. Internet entry must be made by the Entrant. Any attempt by Entrant to obtain more than the stated number of Entries by using multiple/different email addresses, identities, registrations, logins or any other methods, including, but not limited to, commercial contest/sweepstakes subscription notification and/or entering services, will void Entrant's Entries and that Entrant may be disqualified. Final eligibility for the award of any prize is subject to eligibility verification as set forth below. All Entries must be posted by the end of the Promotion Period in order to participate. Sponsor's database clock will be the official timekeeper for this Sweepstakes.
4. PRIZE/APPROXIMATE RETAIL VALUE (“ARV”)/ODDS
There is one (1) Grand Prize available to be won. The Grand Prize includes ALL of the following items:
- One (1) $250 The Sill Gift Card (ARV: $250)
- One (1) $250 Golde Gift Card (ARV: $250)
- One (1) $250 Minted Gift Card (ARV: $250)
- One (1) $350 Diaspora Co. Gift Card (ARV: $350)
- One (1) $250 Our Place Gift Card (ARV: $250)
- One (1) Amarilo Marina Chain 18" (ARV: $245)
The ARV of the Grand Prize: $1595.
Odds of winning will depend upon the total number of eligible entries received.
5. WINNER SELECTION, NOTIFICATION, AND VERIFICATION
The winner will be selected in a random drawing on or about May 10, 2021 from among all eligible Entries received throughout the Promotion Period by Sponsor or its designated representatives, whose decisions are final.
The potential winner will be notified by email provided in the Sweepstakes entry form. The potential winner is subject to verification of eligibility, including verification of residency. Sponsor is not responsible for any delay or failure to receive notification for any reason, including inactive email account(s), technical difficulties associated therewith, or Winner’s failure to adequately monitor any email account.
If a potential winner (i) is determined to be ineligible or otherwise disqualified by Sponsor or (ii) fails to respond to Sponsor’s first winner notification message within forty-eight (48) hours of notification or after two (2) attempts (whichever occurs first), the potential winner forfeits the prize in its entirety and, if time permits, a substitute potential winner will be selected based upon a random drawing from among all other eligible entries received for the Sweepstakes during the Promotion Period.
As a condition of receiving the prize, the potential winner must sign and return any documents requested by Sponsor, including but not limited to, an affidavit of eligibility and a form release of liability within twenty-four (24) hours of accepting the prize. Receiving the prize is contingent upon compliance with these Official Rules. The winner will be issued an IRS Form 1099 in the amount of the Approximate Retail Value (“ARV”) of the prize and must provide Sponsor with his/her valid Social Security Number or Taxpayer ID for tax reporting purposes. Noncompliance with this requirement will result in disqualification of the potential winner and the forfeiture of all interest in the prize. The winner is solely responsible for all federal, state, local, or other applicable taxes associated with the acceptance and use of the prize.
6. PRIZE CONDITIONS
Prizes cannot be transferred, redeemed for cash, or substituted by winner. Sponsor reserves the right in its sole and absolute discretion to award a substitute prize of equal or greater value if a prize described in these Official Rules is unavailable or cannot be awarded, in whole or in part, for any reason. The total ARV of the prize represents Sponsor's good faith determination, which is final and binding and cannot be appealed. If the actual value of the prize turns out to be less than the stated ARV, the difference will not be awarded in cash. Sponsor makes no representation or warranty concerning the appearance, safety or performance of any prize awarded. Restrictions, conditions, and limitations may apply. Sponsor will not replace any lost or stolen prize items.
Gift cards are not redeemable for cash and will not be replaced if lost or stolen. Gift card usage is subject to the issuing company’s complete terms and conditions, including expiration dates.
8. LIMITATION OF LIABILITY AND RELEASE
Participation/entry in the Sweepstakes is at a person’s own risk. Sponsor, Sweepstakes Entities, and each of its respective parents, subsidiaries and affiliated entities, directors, officers, employees, attorneys, agents, and representatives and (collectively, the "Released Parties") assume no liability for, and you hereby waive and release the Released Parties from, any actions, claims, losses or injuries (“Claims”) of any kind arising in connection with the Sweepstakes and/or the receipt or misuse of any prize, regardless of whether such Claims, or knowledge of the facts constituting such Claims, exist at the time of entry or arise at any time thereafter. The Released Parties assume no liability for, and hereby disclaim liability for any Claims related to (a) any incorrect or inaccurate entry information, or for any faulty or failed electronic data transmissions; (b) any unauthorized access to, or theft, destruction or alteration of entries at any point in the operation of this Sweepstakes; (c) any technical malfunction, failure, error, omission, interruption, deletion, defect, delay in operation or communications line failure, regardless of cause, with regard to any equipment, systems, networks, lines, satellites, servers, camera, computers or providers utilized in any aspect of the operation of the Sweepstakes; (d) inaccessibility or unavailability of any network or wireless service, the Internet or website or any combination thereof; (e) suspended or discontinued Internet, wireless or landline phone service; (f) any injury or damage to participant's or to any other person’s computer or mobile device which may be related to or resulting from any attempt to participate in the Sweepstakes or download of any materials in the Sweepstakes; (g) failure of any online transmissions to be sent or received; lost, late, delayed, incomplete, inaccurate, damaged, destroyed, misdirected or not received or intercepted transmissions; (h) unauthorized human or non-human intervention of the operation of the Sweepstakes, including without limitation, unauthorized access, tampering, hacking, theft, viruses, bugs, or worms; (i) destruction of any aspect of the Sweepstakes, or loss, miscount, misdirection, inaccessibility or unavailability of any email, website, or social media account used in connection with the Sweepstakes; (j) any errors, omissions, interruptions, deletions, defects, delays in operation failures or human error that may occur in the transmission, receipt or processing of entries, or for deletion, theft or destruction of, unauthorized access to, or alteration of, entries; or (k) any causes beyond Sponsor’s reasonable control that jeopardize the administration, security, fairness, integrity or proper conduct of this Sweepstakes. NOTWITHSTANDING ANYTHING ELSE HEREIN OR OTHERWISE, SPONSOR SHALL NOT BE LIABLE OR OBLIGATED WITH RESPECT TO ANY SUBJECT MATTER OF THESE OFFICIAL RULES, THE SWEEPSTAKES OR UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR (A) ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, GOODWILL, OR ANTICIPATED PROFITS) OR (B) DATA LOSS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO PORTIONS OF THE ABOVE MAY NOT APPLY TO YOU.
Any entries submitted in a manner that is not expressly allowed under these Official Rules or cheating or fraud by any entrant will result in disqualification. Sponsor is not responsible for any typographical errors, any incorrect or inaccurate information, whether caused by entrants, site users, tampering, hacking or printing errors or by any of the equipment or programming associated with or utilized in the Sweepstakes in the announcement of the Prize or these Official Rules, or any inaccurate or incorrect data contained on any the Sweepstakes Site or any other website. Use of any the Sweepstakes Site or any other website is at user’s own risk. Sponsor is not responsible for any personal injury or property damage or losses of any kind which may be sustained to user's or any other person's computer (hardware or software) and/or other device related to or resulting from participation in the Sweepstakes or the acceptance or use of any Prize awarded. The use of third-party software or website or automated entry systems to participate is prohibited, and Sponsor reserves the right to disqualify entries made in such fashion.
THE SWEEPSTAKES IS PROVIDED “AS IS” AND SPONSOR DOES NOT MAKE ANY, AND HEREBY DISCLAIMS ANY AND ALL, REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THE SWEEPSTAKES.
10. SPONSOR’S RESERVATION OF RIGHTS
If, for any reason, the Sweepstakes is not capable of running as planned for reasons which may include without limitation, infection by computer virus, tampering, unauthorized intervention, fraud, technical failures, or any other causes which may corrupt or affect the administration, security, fairness, integrity or proper conduct of this Sweepstakes, the Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Sweepstakes in whole or in part. In such event, Sponsor shall immediately suspend all drawings and prize awards, and Sponsor reserves the right to award any remaining prizes (up to the total ARV as set forth in these Official Rules) in a manner deemed fair and equitable by Sponsor. Sponsor and Released Parties shall not have any further liability to any participant in connection with the Sweepstakes.
11. LEGAL WARNING
ANY ATTEMPT TO DELIBERATELY DAMAGE, DESTROY, TAMPER OR VANDALIZE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES, THE SWEEPSTAKES SITE, OR A SPONSOR WEBSITE MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND WILL RESULT IN DISQUALIFICATION FROM PARTICIPATION IN THE SWEEPSTAKES. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
12. DISPUTES, VENUE, GOVERNING LAW
All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of entrants, Sponsor or the Released Parties in connection with the Sweepstakes will 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 or provisions that would cause the application of any other laws.
BY ENTERING THE SWEEPSTAKES, ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (A) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SWEEPSTAKES, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (B) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED TEN DOLLARS ($10.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (C) 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 TEN DOLLARS ($10.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (D) ENTRANTS’ 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, SO THE ABOVE MAY NOT APPLY TO YOU.
DISPUTES: The parties hereto each agree to finally settle all disputes only through arbitration; provided, however, the Released Parties shall be entitled to seek injunctive or equitable relief in the state and federal courts in Los Angeles County, CA and any other court with jurisdiction over the parties. In arbitration, there is no judge or jury and review is limited. The arbitrator’s decision and award is final and binding, with limited exceptions, and judgment on the award may be entered in any court with jurisdiction. The parties agree that, except as set forth above, any claim, suit, action or proceeding arising out of or relating to this Sweepstakes shall be resolved solely by binding arbitration before a sole arbitrator under the streamlined Arbitration Rules Procedures of JAMS Inc. (“JAMS”) or any successor to JAMS. In the event JAMS is unwilling or unable to set a hearing date within fourteen (14) days of the filing of a “Demand for Arbitration”, then either party can elect to have the arbitration administered by the American Arbitration Association (“AAA”) or any other mutually agreeable arbitration administration service. If an in-person hearing is required, then it will take place in Los Angeles, CA. The federal or state law that applies to these Official Rules will also apply during the arbitration. Disputes will be arbitrated only on an individual basis and will not be consolidated with any other proceedings that involve any claims or controversy of another party, including any class actions; provided, however, if for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then the agreement to arbitrate doesn’t apply and the dispute must be brought in a court of competent jurisdiction in Los Angeles, CA. Sponsor agrees to pay the administrative and arbitrator’s fees in order to conduct the arbitration (but specifically excluding any travel or other costs of entrant to attend the arbitration hearing). Either party may, notwithstanding this provision, bring qualifying claims in small claims court.
In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Sweepstakes-related materials or made by any advertising partner or other Sweepstakes Entities, and these Official Rules, these Official Rules shall prevail, govern and control.
13. WINNER LIST/OFFICIAL RULES
To obtain a copy of the Winner List or a copy of these Official Rules, send your request along with a stamped, self-addressed envelope to Our Place cc: Selfcare Giveaway at 3924 Tuller Avenue, Culver City, CA 90230. Requests for the name of the winner must be received no later than June 30, 2021 after the Promotion Period has ended.