2017 Dioptics Summer Survival Kit GIVEAWAY!
NO PURCHASE NECESSARY TO ENTER, PLAY OR WIN. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED. YOU MUST BE A LEGAL RESIDENT OF ONE OF THE FIFTY (50) UNITED STATES OR DISTRICT OF COLUMBIA (“D.C.”) AND BE EIGHTEEN (18) YEARS OF AGE OR OLDER TO ENTER THIS SWEEPSTAKES. YOU MUST BE IN THE UNITED STATES OR D.C. AT TIME OF ENTRY.
1) Sponsor and Entry Dates: The 2017 Dioptics Summer Survival Kit GIVEAWAY! (the “Sweepstakes”) is sponsored by Dioptics Medical Products, Inc. (“Sponsor”) The Sweepstakes begins at 1:00:00 p.m. Pacific Standard Time (“PST”) on August 8, 2017 and ends at 11:59:59 p.m. PST on September 20, 2017 (the “Promotion Period”).
2) Eligibility: The Sweepstakes is open only to legal residents of the fifty (50) United States and the District of Columbia (excluding Puerto Rico and all other U.S. territories) who are eighteen (18) years of age or older as of the start date of the Sweepstakes (“Eligible Participants”). Employees, officers and directors of Sponsor, its parent company, affiliates, subsidiaries, divisions, advertising, promotional, fulfillment and marketing agencies (collectively the “Promotion Entities”), their immediate families (defined as parent, child, sibling & spouse; whether biological, adopted, step or in-law) and persons living in the same households as such employees (whether related or not), are not eligible to participate in the Sweepstakes and will not be considered Eligible Participants. Void where prohibited or otherwise restricted by law, rule or regulation. All federal, state, and local laws and regulations apply. In the event of a dispute as to the identity of the entrant, the entrant will be deemed the person named on the order or on the mail in card.
4) Winner Determination: At the conclusion of the Promotion Period, Sponsor will randomly select one (1) entry from among all eligible entries received during the Promotion Period to award the Grand Prize. The person associated with that entry will be deemed the “Qualifier.” The Qualifier will be notified by email at the email address provided with qualifying order/entry (the “Qualifier Notification”) and will be required to answer a skill question and verify eligibility within three (3) days of the send date of Qualifier Notification. If the Qualifier correctly answers the skill question and is verified as eligible within the specified time frame, he/she will be deemed the “Grand Prize Winner.” After the grand prize is awarded, eight (8) more entries will be selected from among the remaining eligible entries for the remaining prizes until “Winners” are determined for such prizes in accordance with this paragraph. Odds of being selected as the Qualifier and/or Winners depend on the number of eligible entries received. Sponsor’s decisions are final and binding on winner determination and all other matters related to this Sweepstakes.
Nine (9) prizes will be awarded. The prizes include:
(1) Grand Prize $50.00 VISA GIFT CARD, Sunglasses, Drawstring Bag, T-Shirt and Flashlight. Approximate retail value (“ARV”): $90.00.
(2) Eight (8) Sunglasses, Drawstring Bag, T-Shirt and Flashlight. ARV: $40.00.
All federal, state, local, and other taxes on prizes are the sole responsibility of the Winner. Any costs associated with prize acceptance and uses that are not specified herein as being provided by Sponsor are the Winner’s sole responsibility. In the event of unavailability, Sponsor reserves the right to substitute a prize or any prize component with a prize of equal or greater value. A prize recipient shall not be permitted to (a) replace his/her designated prize with another prize or item (b) redeem the prize for cash or (c) transfer or assign his/her designated prize to another person. The verified Winner’s prize will be shipped to him/her at the shipping address provided at the time of entry. If Qualifier Notification is returned as undeliverable, if Qualifier fails to comply with directions provided by Sponsor, or if Qualifier is determined to be ineligible for any reason, prize will be forfeited and an alternate Qualifier will be randomly selected from the remaining eligible entries, and the same Winner determination/verification process will be followed. Up to three (3) attempts will be made to determine/verify a Winner, and if there is no Winner after three (3) attempts, the prize may not be awarded. Any unclaimed prizes will not be awarded. Total ARV of all prizes: $410.00.
6) General: All entrants agree to comply fully with each provision in these Official Rules. Sponsor’s decisions are final on all matters relating to this Sweepstakes. Any person attempting to defraud or in any way tamper with this Sweepstakes or any person who does not comply with these Official Rules, will be ineligible for a prize and may be prosecuted to the fullest extent of the law. Any attempt to deliberately damage any website or to undermine the legitimate operation of this Sweepstakes is a violation of criminal and civil laws, and should such an attempt be made, Sponsor reserves the right to seek remedies and damages to the fullest extent permitted by law, including criminal prosecution. Sponsor reserves the right, in its sole discretion and without liability, to cancel, modify, or suspend the Sweepstakes should a technology failure, virus, bug or other cause beyond the reasonable control of Sponsor corrupt the security or proper administration of the Sweepstakes or prevent the Sweepstakes from running as originally planned, and to the extent feasible, Sponsor will select a Qualifier, determine and verify the Winner, and award the prize from among entries received prior to cancellation or modification. Sponsor is not responsible for Internet, computer hardware and software, phone, and other technical errors, malfunctions, and delays. Entries which are not in compliance with these Official Rules are void.
By submitting an entry and/or accepting a prize, each winner grants to Sponsor, its parent and affiliated companies the right, except where prohibited by law, to use his/her name and address (city and state) for advertising and promotional purposes across all of Sponsor’s web, social and digital media sites without compensation (unless prohibited by law).
7) Release of Liability: By entering the Sweepstakes and/or accepting a prize, all entrants release Sponsor, its parent company, affiliates, partners, subsidiaries, and all entities associated with the development and execution of this Sweepstakes, and each of their officers, directors, agents, employees (collectively the “Released Parties”) from any and all liability with respect to and in any way arising from participating in this Sweepstakes, entries and/or from their acceptance, possession, use or mis-use of prizes, including any responsibility or liability for any (a) lost, stolen, delayed, damaged or misdirected entries or for any failure of the Sweepstakes Site, or (b) any problems or technical malfunctions of any telephone network or lines, computer on-line systems, servers, access providers, computer equipment, software, failure or delay of any email or entry to be received on account of technical problems or traffic congestion on the Internet or at any website, or (c) any combination thereof including, but not limited to, any injury or damage to an entrant’s or any other person’s computer or other equipment related to or resulting from entrant’s participation in the Sweepstakes. All federal, state and local laws and regulations are applicable. The Sweepstakes is void where restricted or prohibited by law.
8) Limitation of Liability, Disputes and Choice of Law: IN NO EVENT WILL ANY OF THE RELEASED PARTIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF AN ENTRANT’S ACTION TO PARTICIPATE IN THE SWEEPSTAKES. ALL PRIZES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
Except where prohibited, participants agree that: (a) any and all disputes, claims, and causes of action arising out of or connected with this Sweepstakes shall be resolved individually, without resort to any form of class action, and exclusively by an action in the Federal or State Courts located in the State of Rhode Island, Providence County and (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in this Sweepstakes but in no event attorneys’ fees; and (c) under no circumstances will entrant be permitted to obtain awards for and entrant hereby waives all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of participant and the Sponsor in connection with this Sweepstakes, shall be governed by, and construed in accordance with the laws of the State ofRhode Islandwithout regard for conflicts of law doctrine of any jurisdiction.
10) Winner’s List: The name of the winner(s) may be obtained by sending a self-addressed, stamped envelope postmarked by October 21, 2017 to: Dioptics Medical Products, Inc., Attention: 2017 Dioptics Survival Kit GIVEAWAY! Winner List, 1327 Archer Street, San Luis Obispo, California 93401.
11) Sponsored by: Dioptics Medical Products, Inc., 1327 Archer Street, San Luis Obispo, California 93401.