4OCEAN’S GUESS THE WEIGHT CONTEST RULES
NO PURCHASE OR PAYMENT IS NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE THE CHANCES OF WINNING. THIS CONTEST IS INTENDED FOR THE UNITED STATES. DO NOT PARTICIPATE IF RESIDING OUTSIDE THE UNITED STATES AT THE TIME OF ENTRY. INTERNET ACCESS IS REQUIRED TO PARTICIPATE. Void where prohibited or restricted by law. SUBJECT TO ALL APPLICABLE FEDERAL, STATE AND LOCAL LAWS AND REGULATIONS.
ARBITRATION NOTICE: BY ENTERING, YOU AGREE THAT DISPUTES BETWEEN YOU AND ANY CONTEST ENTITY WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A JURY TRIAL, CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. See Disputes/Arbitration provision contained herein.
- SPONSOR: The 4ocean Guess the Weight Contest (this “Contest”) is sponsored by 4ocean Public Benefit Corporation, a Delaware corporation, with its principal address at 3600 FAU Blvd, Boca Raton, FL 33431 (“Sponsor”).
- ELIGIBILITY: This Contest is open to legal residents of the United States who: (i) are the age of majority or older in their state of residence (19+ in AL and NE, 18+ in all other states) prior to the beginning of the Promotion Period; (ii) have not been a winner in any of Sponsor’s prior promotions; and (iii) completed the entry requirements described in Section 5 below. This Contest is void where prohibited or restricted by law. All federal, state and local laws and regulations regarding the eligibility of participants apply. This Contest is only open to natural persons and the following are ineligible: corporations, businesses, non-profit organizations, governmental agencies or other entities.
Employees, officers and directors of the Sponsor, its parent, subsidiary and affiliated companies, advertising and promotion agencies and any other individuals or entities who are engaged directly or indirectly in the development of, the production, distribution or review of materials for, or the administration, execution or implementation of this Contest (collectively the “Contest Entities”) and persons in the immediate family of such individuals (spouse, parent, child, sibling, partners and their respective spouses, and foster and step-relations) regardless of where they reside, or those living in their same household (whether or not related) as any person in any of the preceding categories are not eligible to participate in the Contest.
- AGREEMENT TO RULES: All participation in this Contest shall be governed by these Official Rules. By participating in the Contest, you fully and unconditionally agree to be bound to and accept these Official Rules and any additional terms and conditions specific to the Contest communicated by Sponsor. By participating, you agree to be bound to the decisions of the Sponsor (and its authorized representatives), which are final and binding in all matters. By submitting an Entry (defined below), you agree to be contacted by Sponsor with Contest related communications.
- PROMOTION PERIOD: This Contest begins on February 16, 2021 at 12:00 a.m., Eastern Standard Time (“EST”) and ends on March 14, 2021 at 11:59 p.m. EST (“Promotion Period”). Sponsor’s clock/server/computer is the official time keeping device for this Contest. All Entries must be received during the Promotion Period. All Entries must also comply with the entry requirements set forth in these Official Rules. All Entries submitted after the Promotion Period has ended will not be accepted. You are solely responsible for determining the correct time zone in your respective jurisdiction. Contest Entities disclaim all liability or responsibility relating thereto.
- HOW TO ENTER: No purchase or payment is necessary to enter or to win. During the Promotion Period, you may enter the Contest by visiting https://www.youtube.com/4ocean or https://www.facebook.com/4oceanBracelets/ and entering an estimated weight in the comments below the video (“Entry”).
No other form of entry into the Contest will be permitted. All Entries become the property of Sponsor and will not be returned to you. Entries must adhere to the representations and requirements of entry. Limit one (1) Entry per person; multiple Entries will not be accepted. Normal internet access or device usage charges imposed by mobile carriers may apply to Entries submitted via mobile device. Messaging & data rates apply to internet access via mobile devices. Other charges may apply; check with the applicable mobile carrier for rates/details. Consent may not be condition of purchase or imposition of messaging, data rates and other charges imposed by mobile carriers.
- ODDS: Odds of winning depend on the number of eligible Entries received during the Promotion Period.
- WINNER SELECTION AND NOTIFICATION
A. After the Promotion Period has ended, on or about March 31, 2021, from among all eligible Entries received during the Promotion Period (“Drawing”), one (1) potential winner will be selected who the first to guess that is closest to the actual weight as determined by Sponsor after the Promotion Period ends. The determination of a winner or winners will be made by Sponsor or Sponsor’s representative, whose decisions are final and binding in all matters relating to this Contest.
B. Within thirty (30) days of the Drawing, the potential winner will be notified by Sponsor using the contact information provided with their Entry. If the potential winner cannot be reached within three (3) calendar days of the first notification attempt or declines to accept the prize, an alternate potential winner will be selected at random from the remaining eligible Entries received during the Promotion Period. Contest Entities are not responsible for any undelivered messages, emails or any other communications, including but not limited to those that are not received because of the potential winner’s privacy or spam filter settings that may divert any notification or other Contest related email to a spam or junk folder. Prize award is subject to verification of eligibility and compliance with these Official Rules.
- PRIZE: The winner will receive:
- Stasher bag 56oz
- Stasher bag 15 oz
- Stasher bag 9.9 oz
- 4ocean Low Profile Hat
- 2 4ocean buffs
- Large 4ocean gloves
- Reusable Bottle 2-Pack
- Gray Logo Tshirt
- 3 white Chico Bags
- 3 blue Chico Bags
- Signature Blue braided
- Signature Blue beaded
- Harp Seal braided
- Harp Seal beaded
- Hülya Swim $100 gift card: https://hulyaswim.com/
- 20x30 aluminum whale shark print
Total retail value $767.
- CLAIMING THE PRIZE: The potential winner will be subject to verification, including verification of age and compliance with these Official Rules. If the winner is deemed by Sponsor to be ineligible or not to have complied with these Official Rules then the prize will be forfeited. Winner must provide Sponsor with all information required to claim the prize (including tax identification information). Winner shall sign and return to Sponsor a liability and publicity release, affidavit of eligibility, and a tax indemnification guarantee (collectively, the “Required Documentation”) by a date determined by Sponsor in form and substance satisfactory to Sponsor. If any of the Required Documentation is not timely completed, signed, and returned, then the prize will be forfeited by the winner.
- TAXES: The Winner is solely responsible for any and all federal, state, municipal and local taxes, fees and other government assessments associated with receipt and use of a prize or participation in this Contest. Federal and state withholding laws are subject to change without notice. The withholding laws in effect at the time the prize is claimed will be followed, and the winner may be issued an Internal Revenue Service Form W-2G or Form 1099 by Sponsor (if required), which the winner will be required to sign at a time and in a manner determined by Sponsor in its sole discretion.
A. Sponsor reserves the right in its sole discretion to disqualify any individual who: (i) tampers or attempts to tamper with the operation of the Contest, including the entry process or the Sponsor’s website or affiliated websites, platforms, channels or mobile or over-the-top applications; (ii) violates the Official Rules; or (iii) acts in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. CAUTION: ANY ATTEMPT BY A PARTICIPANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
B. Contest Entities are not responsible for any incorrect or inaccurate information, whether caused by website users, human error, tampering, hacking or by any of the equipment or programming associated with or utilized in the Contest and assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission (including availability or accessibility of the internet), incompatibility, communications failure, theft, loss or destruction of Entries, nor for the failure to capture Entry or other information. Contest Entities are not responsible for injury or damage to participants’ or to any other person’s computer or mobile device related to or resulting from downloading materials from or use of any Website. If, for any reason, the Contest or any element thereof is not capable of running as planned by reason of, but not limited to, tampering, unauthorized intervention, fraud, force majeure, technical or other failures or errors, or any other causes similar or dissimilar which Sponsor deems, in its sole opinion, could corrupt or affect the administration, security, fairness, integrity or proper conduct of this Contest or any element thereof, Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Contest or element thereof and select the winner from non-suspect, eligible entries received prior to the action or as otherwise may be deemed fair and equitable by Sponsor. In the event of any discrepancy, ambiguity, inconsistency, printing or any other error or miscommunication in any communications, announcements, advertising or promotional materials relating to this Contest, these Official Rules shall govern.C. Sponsor shall have no responsibility or obligation to any participant that is ineligible for a prize, or is unable to or does not accept a prize, for any reason.
D. Prizes are awarded “as is”. Only the prizes as described herein are available to be awarded; in no event will the Contest Entities be responsible for awarding more or different prizes than stated herein. Prizes cannot be assigned, transferred, or substituted, except by Sponsor who may, at its sole discretion, substitute a prize or any part thereof with a prize of equal or greater value.
E. This Contest is in no way sponsored, endorsed or administered by, or associated with Facebook, Instagram, Twitter, YouTube, Google or any other social media, mobile application, over-the-top application, or similar platform where this Contest may be promoted, advertised or otherwise used to disseminate information relating to the Contest. You understand that all information is being provided to Sponsor and not to Facebook, Instagram, Twitter, YouTube, Google or any other social media where this Contest may be promoted, advertised or otherwise used to disseminate information relating to the Contest. Sponsor is not responsible for practices, terms or actions taken by any of these or other social media and web services sites. You understand that you are required to comply with terms and conditions of those social media platforms.
- PUBLICITY RELEASE: By participating in the Contest, you grant (and agree to confirm that grant in writing, if necessary) Sponsor or Sponsor’s authorized representatives the right to use your Entry, including any likeness, image, voice, and statements contained therein, for promotion, trade, commercial, and publicity purposes, at any time or times, in all media now known or hereafter discovered, including television, Internet and social media, worldwide, without notice, review or approval and without additional compensation except where prohibited by law.
- INDEMNIFICATION AND RELEASE OF LIABILITY: BY PARTICIPATING, YOU AGREE TO THE FULLEST EXTENT PERMITTED BY LAW TO RELEASE, DISCHARGE AND HOLD HARMLESS THE SPONSOR, OTHER CONTEST ENTITIES, AND THEIR PARENT, AFFILIATES AND SUBSIDIARY COMPANIES, ADVERTISING AND PROMOTION AGENCIES, AND THEIR RESPECTIVE OFFICERS, MANAGERS, DIRECTORS, EMPLOYEES, INDEPENDENT CONTRACTORS, REPRESENTATIVES AND AGENTS (“RELEASED PARTIES”) FROM AND AGAINST ANY AND ALL ALLEGED OR ACTUAL CLAIMS, CAUSES OF ACTION, DEMANDS, LOSSES, SETTLEMENTS, LIABILITIES AND DAMAGES OF ANY KIND WHATSOEVER EXISTING NOW OR ARISING IN THE FUTURE (INCLUDING, WITHOUT LIMITATION, BODILY INJURY, PERSONAL INJURY, DEATH, DISABILITY AND PROPERTY DAMAGE, VIOLATION OF PROPRIETARY, PUBLICITY, PRIVACY OR ANY OTHER RIGHT), COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES, COURT COSTS, SETTLEMENT AND DISBURSEMENTS) DIRECTLY OR INDIRECTLY ARISING OUT OF USE OF THE ENTRY IN WHOLE OR IN PART, THE ACCEPTANCE, POSSESSION, USE OR MISUSE OF A PRIZE, PARTICIPATION IN ANY PROMOTION OR PRIZE RELATED ACTIVITY, ACCESS TO THE WEBSITE, OR OTHER PARTICIPATION IN THIS CONTEST. By entering or accepting a prize, YOU covenant to the fullest extent permitted by law not to sue any Released Party or cause them to be sued regarding any matter released above, and not to disaffirm, limit or rescind this release. A waiver by one or more of the Contest Entities of any term in these Official Rules does not constitute a waiver of any other provision. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE FOREGOING MAY NOT APPLY TO EVERY ENTRANT. Any provision adjudged to be invalid shall be struck from these OFFICIAL Rules and the remainder shall continue in full force and effect.
- FORCE MAJEURE: Contest Entities shall not be liable to participants, the winner or any other person or entity for failure to execute the Contest, or supply a prize or any part thereof, by reason of any act of God, any action, regulation, order or request by any governmental or quasi-governmental entity (whether or not the action, regulation, order or request proves to be invalid), equipment failure, terrorist act, cyber-attack, earthquake, war, fire, flood, explosion, unusually severe weather, hurricane, epidemics, pandemics, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, cancellation or delay of any event, or any similar or dissimilar event beyond their reasonable control.
- DISCLAIMERS: Sponsor is not responsible for lost, late, or misdirected Entries, or telecommunication, Internet, wireless carrier, cellular, hardware or software failures, including by reason of any bug or computer virus or other failure. Sponsor may cancel, modify, or terminate the Contest (including winner selection and prizes) without prior notice if it is not capable of completion as planned, including by reason of infection of computer virus, tampering, unauthorized intervention, force majeure or technical difficulties of any kind.
- ALTERNATIVE DISPUTE RESOLUTION/ARBITRATION: Any disputes between the parties relating to the terms of these Official Rules, or the breach thereof, shall be submitted to binding arbitration in Palm Beach County, Florida, in accordance with the Commercial Arbitration rules of the American Arbitration Association (the “AAA”). Sponsor and Participants each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. SPONSOR AND PARTICIPANTS EACH HEREBY WAIVE THE RIGHT TO PARTICIPATE IN ANY CLASS ACTION, WHETHER IN COURT OR ARBITRATION. In the event that either party desires to arbitrate any such dispute, such party shall so notify the other party and the parties shall endeavor, for a period of 30 days, to resolve such dispute without arbitration. In the event that the parties cannot resolve the dispute within such 30 day period, then within 10 days thereafter, the parties shall jointly designate a single arbitrator to hear the dispute, or, if the parties are unable to jointly select an arbitrator, an arbitrator shall be chosen according to the rules of the AAA. The arbitration, including the rendering of the award, shall take place in Palm Beach County, Florida and shall be the exclusive forum for resolving such dispute, controversy or claim. The decision of the arbitrator shall be final and binding upon the parties hereto, and the expense of the arbitration (including without limitation the award of reasonable attorneys’ fees and costs to the prevailing party) shall be paid by the losing party of such arbitration (as the arbitrator determines). The decision of the arbitrator shall be executory, and judgment thereon may be entered by any court of competent jurisdiction. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, SPONSOR AND PARTICIPANTS EACH WAIVE ANY RIGHT TO A JURY TRIAL.
- SEVERABILITY: The invalidity, illegality, or unenforceability of any provision of these Official Rules shall in no way affect the validity, legality, or enforceability of any other provision hereof. Any invalid, illegal, or unenforceable provision shall be deemed severed from these Official Rules and the balance of these Official Rules shall be construed and enforced as if these Official Rules did not contain such invalid, illegal, or unenforceable provision.
- WINNERS’ LIST: To obtain a winner’s list, send an email to email@example.com within thirty (30) days of the end of the Promotion Period. The email should contain the following phrase in the “subject” field: 4ocean Guess the Weight Contest Winners’ List.