LUCKY BRAND “HOLIDAY RECOVERY” SWEEPSTAKES
U.S. OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR TO WIN.
A PURCHASE WILL NOT IMPROVE CHANCE OF WINNING. VOID WHERE PROHIBITED BY LAW.
Lucky Brand Dungarees, LLC (“Sponsor”) is pleased to introduce the LUCKY BRAND “HOLIDAY RECOVERY” SWEEPSTAKES (“Sweepstakes”). The Sweepstakes begins at 3:00 p.m. Eastern Time (ET) on December 19, 2018 and ends at 11:59 p.m. ET on January 10, 2019 (the “Sweepstakes Period”). Sponsor’s computer shall be the official clock for purposes of the Sweepstakes. At the end of the Sweepstakes Period, one (1) random drawing will be conducted from among all eligible entries received to select one (1) prize winner (the “Winner”).
As a condition of participating in the Sweepstakes, entrant agrees to be fully and unconditionally bound by these Official Rules and the decisions of Sponsor, whose decisions shall be final and binding in all respects, and to waive any right to claim ambiguity in the Sweepstakes, these Official Rules or any Sweepstakes materials. By entering this Sweepstakes, entrants agree to sign up to receive newsletters and special offers from Sponsor and AFAR Media, LLC, BRIC’s Milano, Wellness Creations, Inc (d/b/a WellPath), Winc, Hearst Communications, Inc. (d/b/a Woman’s Day), BLAZKI, S.A. DE C.V. and its affiliate and/or subsidiary company, Pueblo Bonito Pacifica Resort in Cabo San Lucas (each, a “Promotional Partner” and collectively, the “Promotional Partners”).
1. The Sweepstakes is open only to individuals who are at least twenty-one (21) years of age at the time of entry, who are legal U.S. residents of the fifty (50) United States and the District of Columbia and who satisfy all other requirements contained herein (“Entrant”). Void in Puerto Rico, other United States territories and where prohibited or restricted by law. Employees, officers, and directors of Sponsor, Promotional Partners, as well each of their respective directors, officers, shareholders, and employees, affiliates, subsidiaries, distributors, and agents, including but not limited to their respective advertising and promotion agencies, and each of their affiliated companies, subsidiaries, licensees, distributors, dealers, sales representatives, retailers, printers, individuals engaged in the development, production or distribution of materials, and any and all other companies associated with the promotion agents (collectively, the “Sweepstakes Entities”), and each of their immediate family members (as defined by the IRS including spouse, parents, grandparents, siblings, children and grandchildren) and/or people living in the same household (whether or not related) are not eligible to participate. This Sweepstakes is subject to applicable federal, state, and local laws and regulations. VOID WHERE PROHIBITED OR RESTRICTED BY LAW OR REGULATIONS.
2. By participating in this Sweepstakes, each Entrant fully and unconditionally agrees to and accepts these Official Rules and the decisions of the Sponsor, which are final and legally binding in all matters related to the Sweepstakes.
How to Enter:
A. Online Website Method of Entry.
During the Sweepstakes Period visit https://www.dojomojo.ninja/landing/campaign/4532 and follow the instructions to complete all required information on the entry form. By submitting the entry form, Entrants unconditionally agree to these Official Rules. Upon completion of the Sweepstakes entry form, eligible entrants will receive one (1) entry into the Sweepstakes.
Bonus Entries. Each person who submits an entry to the Sweepstakes will have the opportunity to receive additional entries by following the instructions listed on the pop-up window confirming their online entry. Entrants will only receive one (1) bonus entry for performing each of the permitted actions listed on the pop-up window, up to a maximum of one (1) bonus entry.
B. Alternate Free Method of Entry. To enter the Sweepstakes without subscribing an email address to Sponsor and its Promotional Partners’ email subscription lists, Entrants can mail a 3” x 5” piece of paper with their full name, email address, and mailing address in an envelope to Lucky Brand Dungarees, LLC, Attn: Lilly Liem – HOLIDAY RECOVERY Sweepstakes, 540 S. Santa Fe Ave., Los Angeles, CA 90013. Mailed entries must be received by Sponsor no later than 9:00 p.m. ET, January 10, 2019. Mechanically reproduced or pre-printed entries or mailing labels will not be accepted. Incomplete entry forms will not qualify for the Sweepstakes. Upon mailing in their entry, eligible Entrants will receive one (1) entry into the Sweepstakes. Only one (1) entry per postmarked envelope; however, up to one (1) entry and one (1) additional bonus entry may be submitted by an Entrant. Each valid Alternate Free Method of Entry submitted will receive one (1) entry into the Sweepstakes.
NOTE: Entry must be made by the Entrant only. Use of any automated system to participate is prohibited and will result in disqualification. Entries made by any other individual or any entity, including but not limited to commercial sweepstakes subscription notification and/or entering services, will be declared invalid and disqualified for this Sweepstakes. Tampering with the entry process or the operation of the Sweepstakes is prohibited and any entries deemed by Sponsor, in their sole discretion, to have been submitted in this manner will be void. In the event a dispute regarding the identity of the individual who actually submitted an entry cannot be resolved to Sponsor’s satisfaction, the affected entry will be deemed ineligible. The Released Parties (as defined below) are not responsible for lost, late, undeliverable, illegible, damaged, stolen, misdirected, mutilated, or incomplete entries, regardless of cause. Multiple entrants are not permitted to share the same email address.
Use of Data.
Subject to verification of eligibility and compliance with these Official Rules, one (1) confirmed Winner will receive one (1) grand prize (the “Prize”). The Prize includes the following:
Trip for two (2) to Cabo San Lucas, Mexico, which includes:
- Four (4) night’s all-inclusive stay for two (2) at the Pueblo Bonito Pacifica Resort Cabo San Lucas (including breakfast, lunch, fine dining, and beverages), Sponsored by Pueblo Bonito Pacifica Resort in Cabo San Lucas (NOTE: Certain black-out dates including all holidays apply and subject to availability)
- $750 Visa® Gift Card, Sponsored by Lucky Brand
- $250 Gift Card to Lucky Brand
- $250 AMEX® Gift Card, Sponsored by Winc*
- $250 Visa® Gift Card, Sponsored by AFAR Media, LLC
- $250 Visa® Gift Card, Sponsored by BRIC’s Milano
- One (1) Bellagio V2.0 21” Carry-On Spinner Trunk (Valued at $595), Sponsored by BRIC’s Milano
The maximum Approximate Retail Value (the “ARV”) of the Prize package is $4,573. The ARV represents Sponsor's good-faith determination of the approximate retail value of the prize in U.S. dollars, and may differ from the actual fair market value. If the ARV of the Prize exceeds the actual fair market value of the Prize, the difference will not be awarded to the Winner in cash or otherwise.
NOTE: All federal, state, local and any other taxes are the responsibility of the Winner. Winner of any prize valued at $600 or more will receive an Internal Revenue Service Form 1099 for the actual value of the prize after the end of the calendar year in which the prize is awarded, and a copy of such form will be filed with the IRS. All other costs and expenses not specified herein are the responsibility of the Winner.
Gift cards, certificates, credits, or coupons (the “Gift Card”) values are less any applicable activation, transaction, or maintenance fees and subject to the terms, conditions, and restrictions disclosed on the Gift Card. Sponsor and Promotional Partners are not responsible for, and will not replace any lost, stolen, destroyed, or expired Gift Cards, or Gift Cards used without Winner’s permission. If guest(s) cannot attend, the Winners are not entitled to the difference between the value of the Prizes and the actual cost of the ticket. No transfer, substitution, or cash equivalent for the Prizes permitted, except by Sponsor at its sole discretion. If necessary due to unavailability of the Prizes, a prize of equal or greater value will be awarded at the discretion of the Sponsor. Odds of winning the Prize depend on the total number of eligible entries received during the Sweepstakes Period.
*Winc is unable to ship to P.O. mailboxes or to the following states: Alabama, Alaska, Arkansas, Delaware, Hawaii, Kentucky, Michigan, Mississippi, Oklahoma, Rhode Island, South Dakota and Utah. Members must be 21 years old to purchase alcohol. Alcohol beverage industry members, including retailers, and their families, employees, shareholders, officers, directors, agents, representatives of Sponsor, or the promotion and advertising agencies of any aforementioned entity, and their immediate family members and those living in their household, and each person or entity connected with the production or administration of the Sweepstakes, and each parent company, affiliate, subsidiary, agent and representative of any aforementioned entity are not eligible.
A. Selection. A random drawing using a computer-generated randomizer to be conducted on or about January 14, 2019 from all eligible entries received throughout the Sweepstakes Period to select one (1) potential prize winner. Potential prize winner will be notified within two (2) calendar days of the drawing date. If there is a dispute regarding the identity of the winner, the registered account holder of the email account used to submit the winning entry will be deemed the winner, subject to such owner's compliance with the Official Rules. Potential prize winner will be notified by email or phone as determined by Sponsor at its sole discretion, based on the Entrant’s information supplied upon registering in the Sweepstakes.
B. Notification. Sponsor will contact potential prize winner by email and/or phone. Sponsor is not liable for a potential prize winner's failure or inability to receive communications sent by Sponsor to the contact information provided. To receive the Prize, the potential prize winner must: (a) respond to Sponsor within two (2) days of initial contact to confirm eligibility; and (b) sign and return an affidavit or declaration of eligibility, IRS Form W-9 (if requested), and liability and publicity release (together, "Winner Paperwork") to Sponsor within five (5) business days of Sponsor's delivery. If, despite reasonable efforts, any potential prize winner does not respond within two (2) business days of the first notification attempt, or if the prize notification is returned as unclaimed or undeliverable to such potential prize winner, such potential prize winner will forfeit his or her prize and an alternate winner will be selected (time permitting).
A potential prize winner may be disqualified for: failure to timely respond to Sponsor's notification, failure to timely complete and return the Winner Paperwork, failure to meet the Eligibility Requirements at the time of entry, failure to comply with the Official Rules, and/or failure to comply with applicable laws and regulations, each as determined in Sponsor's sole discretion. All winner privileges shall immediately terminate upon disqualification. If any potential prize winner is found to be ineligible, or if he or she has not complied with these Official Rules or declines a prize for any reason prior to award, such potential prize winner will be disqualified and an alternate winner will be selected (time permitting).
5. GENERAL PRIZE RESTRICTIONS/CONDITIONS:
Winner and his/her guest must have valid travel documents (e.g., government issued I.D., passport, etc.) along with any other travel requirements in order to travel prior to departure, and failure to do so may result in forfeiture of Prize. Upon receiving the Winner’s full mailing address, the Pueblo Bonito Pacifica Resort in Cabo San Lucas will issue a prize certificate and mail it directly to the Winner. The trip must be booked directly with the Pueblo Bonito Pacifica Resort in Cabo San Lucas per the instructions provided on the prize certificate and must be taken by December 21, 2019. Black-out dates may apply and include, but are not limited to, the following dates: December 22, 2018 – January 1, 2019, January 18, 2019 – January 21, 2019, February 14, 2019 – February 18, 2019, March 14, 2019 - March 17, 2019, April 14, 2019 – April 29, 2019, May 4, 2019 – May 6, 2019, May 10, 2019 – May 12, 2019, May 23, 2019 – May 27, 2019, June 13, 2019 – June 16, 2019, June 28, 2019 – July 7, 2019, August 29, 2018 – September 2, 2019, September 12, 2019 – September 16, 2019, October 10, 2019 – October 14, 2019, November 7, 2019 – November 11, 2019, November 18, 2019 – November 20, 2019, and November 27, 2019 – November 30, 2019.
These black-out dates may be subject to change. The Winner and his/her guest are solely responsible for booking their travel and satisfying all legally required conditions of travel. Winner must have a valid major credit card to check in to a hotel.
No alcoholic beverage is part of any prize award. Winner is responsible for all incidental expenses while on the trip. Any and all applicable federal, state, and local taxes and all fees and expenses related to acceptance and use of prizes not specified herein as being provided are the sole responsibility of the Winner and his/her guest, including, but not limited to surcharges, in-room charges, gratuities, travel or departure taxes, upgrades, amenities, insurance, telephone calls, meals, ground transportation, baggage check fees, parking, beverages, personal expenses, and incidental charges). Sponsor shall not be responsible for any cancellations, delays, diversions or substitutions or any act or omissions whatsoever by any air carrier(s) or other transportation companies or any other persons providing any of these services to passengers including any results thereof such as lost, late, stolen or damaged luggage, or changes in services or accommodations necessitated by same. If travel delays or difficulty prevent arrival in time for any and all elements of trip, Sponsor is not responsible for awarding any compensation in lieu thereof.
The Prize is non-exchangeable, non-transferable, and is not redeemable for cash or other prizes. In the event a Winner and/or his/her guest engage(s) in behavior during stay that (as determined by Sponsor in their sole discretion) is obnoxious or threatening, illegal, or that is intended to threaten or harass any other person, or that in any way disparages or adversely affects the reputation, image, and/or customer goodwill of Sponsor or any of Sponsor’s services, products, trademarks, service marks, or logos, Sponsor reserve the right to terminate the stay early, and send that Winner and/or his/her guest home with no further obligations or compensation whatsoever to Winner and/or his/her guest (which may, in Sponsor’s sole discretion, result in that Winner’s disqualification from the Sweepstakes and forfeiture of any (and/or all) prize(s).
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SUCH PRIZE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND SPONSOR HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT.
6. PUBLICITY RELEASE AND USE OF PERSONAL INFORMATION: Except where prohibited or restricted by law, by participating in this Sweepstakes and/or accepting the Prize, the Winner grants to Sponsor and Sponsor’s designees the right to use and/or publish the Winner and his or her guest’s name, address, biographical information, likeness, and testimonial for advertising or publicity purposes regarding the Sweepstakes, on a worldwide basis and in all forms of media known or unknown, without further compensation.
ENTRANT FURTHER ACKNOWLEDGES THAT ENTRANTS’ PERSONAL IDENTIFYING INFORMATION MAY BE DISCLOSED TO THIRD PARTIES INCLUDING, WITHOUT LIMITATION, PLACING ENTRANT’S NAME ON A WINNERS’ LIST OR PROVIDING ENTRANT’S NAME TO THIRD PARTIES.
A. Transmission of Information. By entering this Sweepstakes, each Entrant agrees to be bound by all terms of these Official Rules and to release, hold harmless, covenant not to sue, and forever discharge the Sponsor, Promotional Parties, Internet service provider(s) and each of their respective affiliates, subsidiaries, parent corporations and advertising and promotional agencies, and all of their officers, directors, shareholders, employees and agents (collectively, “Releasees”) from, against, and as to any and all third-party claims, actions, damages, losses, liabilities, costs, expenses, injuries or causes of action of any kind that in any way now or hereinafter may arise from or relate to the Sweepstakes including without limitation, in connection with (i) the administration of the Sweepstakes, including without limitation typographical, printing, seeding, human or other errors relating to or in connection with the Sweepstakes, the processing of entries, the sharing of the Sweepstakes link, the announcement of any prizes or any related materials, inaccurate, fraudulent, incomplete, illegible, late, lost, stolen, misdirected, undelivered, incomplete, damaged or postage due entries or mail, or any delays in delivery or lack of availability of any Prize or Prize materials, and/or (ii) Entrant’s participation in this Sweepstakes, acceptance or use of any Prize, and/or for any claims or causes of action based on publicity rights, defamation or invasion of privacy. Released Parties assume no responsibility for any damage to an Entrant’s or any other person's computer system, mobile device or tablet which is occasioned by accessing the Website or otherwise participating in the Sweepstakes, or for any computer system, mobile device, tablet, phone line, hardware, software or program malfunctions, or other errors, failures, delayed computer transmissions or network connections that are human or technical in nature. No mechanically reproduced, illegible, incomplete, forged, software-generated or other automated multiple entries will be accepted. No more than the stated number of Prizes will be awarded.
B. Reservation of Rights. Sponsor reserves the right, at its sole discretion, to disqualify any individual who tampers in any way with any part of the Sweepstakes, including, without limitation, submitting a fraudulent entry or an entry not otherwise in accordance with these Official Rules and to cancel, terminate, modify or suspend the Sweepstakes or any element thereof. Sponsor also reserves the right, at its sole discretion, to disqualify any individual who is found to be (i) acting in violation of these Official Rules, including, without limitation, entering or attempting to enter the Sweepstakes through the use of any robotic or automated devices or (ii) acting in an unsportsmanlike or disruptive manner, with the intent to disrupt or undermine the legitimate operation of the Sweepstakes, or with the intent to annoy, abuse, threaten or harass any other person.
IN NO EVENT WILL 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 PARTICIPATION IN THIS SWEEPSTAKES OR FROM THE USE OF ANY PRIZES AWARDED HEREUNDER. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, IN WHICH CASE THE LIABILITY OF THE RELEASED PARTIES WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
C. Release and Indemnity. By participating, Entrant indemnifies, releases and agrees to hold harmless the Released Parties, their parents, affiliates and subsidiaries, and other entities involved in the development/production/ administration of the Sweepstakes, and the directors, officers, agents, representatives, shareholders, employees, successors and assigns of any of the above organizations, from any and all liability for loss, harm, damage, injury, cost or expense whatsoever, including without limitation, property damage, personal injury (including emotional distress), and/or death, arising from participating in the Sweepstakes, any Sweepstakes-related activity and/or acceptance, receipt, possession or use/misuse of any prize and for any claims or causes of action based on publicity rights, defamation or invasion of privacy and merchandise delivery. If Prize involves travel or activities, Sponsor shall have no liability for any personal injuries, death, theft, property damage or other expenses resulting from or arising out of any travel related to the Prize or any other aspect of a Winner’s or his/her guest’s (if applicable) acceptance or use of the Prize. Any potential winner and travel companion (if applicable) may be required to execute releases absolving Released Parties from any and all liability with respect to participation in such travel/activities and/or use of the Prize.
8. Without limiting the foregoing, in the event the Sponsor is prevented from continuing with the Sweepstakes as contemplated herein by any event beyond its control, including, without limitation, a force majeure, fire, flood, epidemic or other national health emergency, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared,) or any federal, state or local government law, order, or regulation, order of any court or jurisdiction, public health crisis, or other cause not reasonably within its control, then it shall have the right to modify, suspend, extend or terminate the Sweepstakes. In the event that the Sweepstakes is terminated, cancelled or postponed for any reason whatsoever, the ARV of the Prize will be awarded to the extent required by law.
9. Entrant agrees that 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 by the United States District Court for the State of California. By participating, Entrant expressly consents to the personal jurisdiction of such courts and waives any right of change of venue or like right. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official 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 California, without giving effect to any choice of law or conflict of law rules (whether of the State of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of California.
10. THIRD PARTY PLATFORMS: If this Sweepstakes is hosted, administered by or with the assistance of, or operated on a third party platform, including without limitation a social media platform (e.g. Facebook or Twitter) (“Third Party Platform”), then by participating in this Sweepstakes, Entrants hereby release and agree to hold harmless such Third Party Platform from any and all liability, loss or damages arising from or in connection with the awarding, receipt, and/or use or misuse of prizes or participation in any prize-related activities. Unless otherwise stated to the contrary in these Official Rules, this Sweepstakes is not sponsored, endorsed or administered by, or associated with, any Third Party Platform.
11. The first name, last name, and state of residency for confirmed Winner(s) will be available upon written request to the Sponsor at the address below, for two (2) years following the end of the Sweepstakes Period.
12. Lucky Brand Dungarees, LLC, 540 S. Santa Fe Ave., Los Angeles, CA 90013.