THE 4OCEAN GET OUTSIDE GIVEAWAY SWEEPSTAKES RULES
SWEEPSTAKES TERMS AND CONDITIONS
NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE THE CHANCES OF WINNING.
- Sponsor: The Sponsor of GET OUTSIDE GIVEAWAY is 4ocean, Public Benefit Corporation.
- Eligibility: GET OUTSIDE GIVEAWAY (the "Sweepstakes") is only open to those who are 18 years of age as of the date of entry and legal residents of United States. Entrants must have a valid Instagram account and keep the profile on public for the duration of the Sweepstakes so that the Sponsor can verify eligibility. Employees, independent contractors, interns, officers, directors, and agents of 4ocean (the "Sponsor") their respective affiliates, subsidiaries, advertising and promotion agencies, suppliers of prizes, and their immediate family members and/or those living in the same household of each are not eligible to participate in the Sweepstakes. Groups, clubs, organizations, businesses, and commercial and non-commercial entities cannot participate. The Sweepstakes is subject to all applicable federal, state, and local laws and regulations. The Sweepstakes is void where prohibited by law.
- Agreement to Rules: By entering the Sweepstakes, the Entrant (“You”) agree to comply with and abide by these Rules and the decisions of the Sponsor, and You represent and warrant that You meet the eligibility requirements. In addition, You agree to accept the Sponsor’s decisions as final and binding as it relates to the content of this Sweepstakes, without the right of appeal. Entrants should look solely to the Sponsor with any questions, comments or issues related to the Sweepstakes.
- Entry Period: The Sweepstakes begins on November 15, 2023, at 5:00 PM (17:00) EST and ends on November 29, 2023, at 11:59 PM (23:59) EST (the “Entry Period”). Entries submitted before or after the Entry Period will not be eligible. The Sponsor reserves the right to adjust the Entry Period as deemed necessary by the Sponsor.
- How to Enter: Entries for the Sweepstakes must be made on Instagram by doing all of the following: (1) following 4ocean’s official and verified Instagram account; (2) liking the GET OUTSIDE GIVEAWAY Instagram post; and (3) tagging a friend’s account on the GET OUTSIDE GIVEAWAY Instagram post. Entries that are incomplete, include inaccurate or invalid information, or do not adhere to the rules or specifications of the Sweepstakes may be disqualified at the sole discretion of the Sponsor. Each Entrant may only enter the Sweepstakes once. You may not enter more times than indicated by using multiple Instagram accounts, identities, or devices in an attempt to circumvent the rules. If You use fraudulent methods or otherwise attempt to circumvent the rules of the Sweepstakes, Your submission may be disqualified at the sole discretion of the Sponsor. If you have any questions regarding how to enter the Sweepstakes You may contact firstname.lastname@example.org.
- Prizes: The winner(s) of the Sweepstakes (the “Winner”) will receive the following prizes:
- 1 winner will receive the following:
- One Pair of 4ocean Free Dive Fins: valued at $250.00.
- One Self-Contained Nomad Blu3 Tankless Dive System: valued at $1,799.00.
- One ScubaJet Pro All-in-One Kit: valued at $2,350.00.
- 4ocean Swag Bag Containing Unreleased Bracelet Collection: valued at $600.00.
- Total Value of Prizes: $4,999.00.
- Value of Prizes: Actual/appraised value of prizes may differ at time of prize award. The specifics of the prizes shall be solely determined by the Sponsor. No cash or other prize substitution shall be permitted except for at the Sponsor’s discretion. The prizes are non-transferable. Substitution of the prizes, or transfer/assignment of the prizes to others, or request for the cash equivalent of the prizes by the Winner is not permitted. The prizes must be accepted as awarded. The Sponsor reserves the right to substitute any Prize for one of equal or greater value for any reason. Any and all prize related expenses, including without limitation any and all federal, state, and/or local taxes shall be the sole responsibility of the Winner. Winner will be issued a 1099-MISC form due to the value of the Prizes being over $600.00. Acceptance of the prize constitutes permission for the Sponsor to use the Winner’s name, likeness, city, state, or any other information provided by the Entrant for purposes of announcing the winner. You must sign the Sponsor’s Release forms in order to receive the prizes.
- Odds of Winning: The odds of winning depend on the number of eligible entries received.
- Winner Selection and Notification: NO ONE IS THE WINNER UNLESS AND UNTIL THE SPONSOR OFFICIALLY CONFIRMS ENTRANT AS THE WINNER IN ACCORDANCE WITH THESE TERMS AND CONDITIONS. The Winner will be selected at random at the sole discretion of the Sponsor after the closing of the Entry Period. The Winner will be notified via direct message on Instagram within 48 hours of the winner selection. If the Winner cannot be contacted, is ineligible, fails to claim the prizes within 24 hours from the time award notification was sent, fails to provide correct contact information for acceptance of Winner required forms, or fails to timely return any required forms, the prizes may be forfeited, and an alternate Winner selected. The Sponsor shall have no liability for a Winner’s failure to receive notices due to privacy or security settings, connectivity issues, or issues with Instagram. Winner will be required to sign and return, within three (3) calendar days of notification, the Sponsor’s declaration and release form, which (among other things): (i) confirms compliance with these Rules; (ii) acknowledges acceptance of the Prizes as awarded; (iii) releases the Sponsor and all other Released Parties from any and all liability in connection with this Sweepstakes, Winner’s participation therein and/or the awarding and use/misuse of the applicable Prizes; and (iv) agrees to the publication, reproduction and/or other use of Winner’s name, city and State of residence, statements about the Sweepstakes, and/or photograph or other likeness without further notice or compensation, in any publicity or advertisement carried out by or on behalf of the Sponsor in any manner or medium whatsoever, including print, broadcast, or the Internet. Winner will also be required to submit a W9 for the purposes of issuing an IRS 1099-MISC. Winner will be responsible for any taxes related to the acceptance of the Prizes. Receipt of the Prizes offered in this Sweepstakes by the Winner is conditioned upon compliance with any and all federal, state, and local laws and regulations. Any violation of these official rules by the Winner will result in the Winner’s disqualification as winner at the Sponsor’s sole discretion, and all privileges as winner will be immediately terminated.
- Rights Granted by the Entrant: By entering this Sweepstakes, You understand and agree that the Sponsor will exclusively own all rights to the entry and anyone acting on behalf of the Sponsor, or its respective licensees, successors, and assigns, shall have the right, where permitted by law, to print, publish, broadcast, distribute, use, produce, reproduce, edit, integrate into new content and/or create derivative works, and display in any media, platform, or forum, now known or hereafter developed, in perpetuity and throughout the World, without limitation, Your entry, name, likeness, image, statements about the Sweepstakes, and biographical information for any lawful purpose, including but not limited to education, news, publicity, information, trade, advertising, marketing, public relations, promotions, and other commercial purposes without any further compensation, notice, review, or consent.
- Sponsor Rights: ANYONE DEEMED BY THE SPONSOR TO BE IN VIOLATION OF THE SPONSOR'S INTERPRETATION OF THE LETTER AND/OR SPIRIT OF THESE TERMS AND CONDITIONS FOR ANY REASON IS SUBJECT TO DISQUALIFICATION IN THE SOLE AND ABSOLUTE DISCRETION OF THE SPONSOR AT ANY TIME. The Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify, or suspend the Sweepstakes should virus, bug, non-authorized human intervention, fraud, or other cause beyond the Sponsor’s control corrupt or affect the administration, security, fairness, or proper conduct of the Sweepstakes. In such cases, the Sponsor may select a winner(s) from eligible entries received before and/or after the action taken by the Sponsor, if appropriate. The Sponsor reserves the right at its sole discretion to disqualify any individual who tampers or attempts to tamper with the entry process, or the operation of the Sweepstakes or website, or violates these Terms and Conditions. The Sponsor has the right, in its sole discretion, to maintain the integrity of the Sweepstakes, 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 user from different Instagram accounts; multiple entries from the same computer in excess of that allowed by Sweepstakes rules; or the use of bots, macros, scripts, or other technical means for entering. The Sponsor reserves the right to refuse participation by any person whose eligibility is in question or who has been disqualified or is otherwise ineligible to enter. In its sole and absolute determination, the Sponsor may disqualify any person who acts in any manner to threaten or abuse or harass any other person. Any attempt by an Entrant to deliberately damage any website or undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil laws. Should such an attempt be made, the Sponsor reserves the right to seek damages to the fullest extent permitted by law.
- Privacy: Any information provided to enter the Sweepstakes or be the eligible Winner will not be sold to third parties, but may be shared as necessary for the purposes of conducting the Sweepstakes or as otherwise authorized herein. The Sponsor may from time-to-time contact the Winner via direct messaging on Instagram and email concerning the Sweepstakes and Prizes, and each Entrant consents to receiving such communications via email.
- Limitation of Liability: By entering the Sweepstakes You agree to release and hold harmless 4ocean and its subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, officers and directors, and Instagram, (“the Releasees”) 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 Sweepstakes and/or Entrant’s acceptance, possession, use, or misuse of any prize or any portion thereof; (ii) failure of any Sweepstakes related information, winner notification messages, and/o other information or materials whatsoever to be received, captured, recorded, or function properly for any reason whatsoever, (iii) unauthorized human intervention or tampering in any part of the Sweepstakes; (iv) electronic or human error in the administration of the Sweepstakes, damage or alternation during entry submission, or the processing of entries; (v) technical errors of any kind, including but not limited to the malfunction of any website, platform, computer, cable, network, hardware, servers, access providers, or software, or other mechanical equipment; (vi) computer viruses, injury or damage to an Entrant’s or other person’s computer or other device related to or resulting from participation in the Sweepstakes, or any other costs or fees incurred by an Entrant or other person in relation to participation in the Sweepstakes (vii) the unavailability or inaccessibility of any transmissions, telephone, or Internet service; (viii) printing errors; (ix) lost, late, postage due, misdirected, or undeliverable mail, (x) anyone being incorrectly and/or mistakenly identified as a winner or eligible winner; (xi) any attempts by a scam or fraudulent account to contact You and obtain sensitive information or payment; and/or (xii) any combination of the above. You acknowledge and agree that any content in furtherance of the Sweepstakes may be available for viewing and comment by the public, and understand that comments with which You may disagree or are unhappy about may be published or otherwise associated with any submitted content. Entrants hereby waive any privacy expectations that they may have with respect to participation the Sweepstakes and hereby release and discharge 4ocean and the Released Parties from and against all and any costs, claims, damages, liabilities, and expenses of any sort arising out of, or generally relating to the use of submitted content and Your participant in the Sweepstakes, including without limitation claims of defamation, invasion of privacy, emotional distress, infringement of moral rights, infringement of rights of publicity, or copyright infringement.
- Disputes: This Sweepstakes is governed by the laws of Florida, without respect to conflict of law doctrines. By participating in this Sweepstakes, You agree that any and all disputes that cannot be resolved between the parties, and causes of action arising out of or connected with this Sweepstakes, shall be resolved individually, without resort to any form of class action, exclusively before a small claims court located in Florida having jurisdiction. Further, in any such dispute, under no circumstances shall You be permitted to obtain awards for, and hereby waive all rights to, punitive, incidental, exemplary, indirect, special, or consequential damages, including reasonable attorney’s fees, other than actual out-of-pocket expenses (i.e. costs associated with entering the Sweepstakes). You agree that any damages will not exceed the value of the prizes in the Sweepstakes. You further waive all rights to have damages multiplied or increased. The invalidity or unenforceability of any provision of these Terms and Conditions shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Terms and Conditions shall otherwise remain in effect and shall be construed in accordance with the terms as if the invalid or illegal provision were not contained herein.
- Winners List: To request a copy of the winner list please contact the Sponsor. Requests must be sent within four (4) weeks of the end of the Entry Period.
- Disclaimer: The Sweepstakes is in no way sponsored, endorsed, administered by, or associated with Blu3, Inc., Scubajet GmbH, Instagram, Facebook, Twitter, Snapchat, YouTube, Reddit, Pinterest, LinkedIn, or any other social networks that are used to share the Sweepstakes. You understand that You are providing your information to the Sponsor of the Sweepstakes and not to Instagram, Facebook, Twitter, Snapchat, YouTube, Reddit, Pinterest, LinkedIn, or any other social networks.
- Relationship: By entering the Sweepstake, You agree and acknowledge that participation, including without limitation, to whether or not You are selected as the Winner, does not give rise to any confidential, fiduciary, implied-in-fact, implied-in-law, agency, ambassadorship, employment, partnership, joint venture, or other special relationship between you and 4ocean. The only contracts, express or implied, between you and 4ocean are as set forth in these Terms and Conditions and the Release and Waiver of Rights.
- Acceptance of Rules: By participating in the Sweepstakes, You have affirmatively reviewed, accepted, and agreed to all of the Official Rules, Terms and Conditions. You agree to be fully and unconditionally bound by these Terms and Conditions and any other governing rules regarding the Sweepstakes. You represent and warrant that You meet the eligibility requirements and accept the decision of the Sponsor as final and binding as it relates to the Sweepstakes.
- Be Aware of Scams: 4ocean will contact the Winner via direct message from its official and verified Instagram after the Entry Period has concluded. 4ocean will never send unauthorized links, ask you to pay a fee to claim your prize, or ask for you to divulge any financial or personal information other than your email address for the receipt of required forms for claiming the Prizes.