Social Giveaway

PLEASE READ THESE RULES CAREFULLY PRIOR TO PARTICIPATION OR ENTRY. NO PURCHASE IS NECESSARY TO REGISTER, ENTER, OR WIN. OPEN ONLY TO INDIVIDUALS AGED 21 AND OVER WHO ARE LEGAL RESIDENTS OF THE UNITED STATES OR THE DISTRICT OF COLUMBIA.
A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING.
VOID WHERE PROHIBITED BY LAW.

From time to time, FunkkOFF! Inc. may offer sweepstakes and/or contests on its official third-party social media pages, such as Instagram and Facebook (collectively, the “Social Media Sites”). Each such giveaway or sweepstakes is referred to as a “Social Media Giveaway” or “Giveaway.” The Social Media Post setting forth the method of entry for each Social Media Giveaway is posted is referred to as a “Giveaway Social Media Post.” Please read these Official Rules before entering a FunkkOFF! Inc. Social Media Giveaway. You agree that, by submitting an entry to a Social Media Giveaway, you will be bound by these Official Rules and the rules on the Giveaway Social Media Post and you acknowledge that you satisfy all Social Media Giveaway eligibility requirements. Social Media Giveaways are created and sponsored by FunkkOFF! Inc. (“Sponsor” or “FunkkOFF!”), 32932 Pacific Coast Highway, #14250, Dana Point, CA 92629. By participating in each Social Media Giveaway, you agree to the terms and conditions and that your participation will be governed by, and you shall abide by, all of the following rules outlined herein.

1. Eligibility: Open to individual legal residents of the 50 United States or the District of Columbia who are the older of 21 years of age or the legal age of majority in their state of residence who are legal residents of the United States or the District of Columbia. The following individuals are not eligible to enter or win FunkkOFF! Social Media Giveaways: current or former (within the immediately preceding 12 months) employees, officers, directors, and contractors of FunkkOFF!, and anyone involved in the administration of the Giveaway, and any member of the immediate family (i.e., a parent, sibling, child or grandchild) or household of any of the foregoing individuals.

2. Giveaway Period: Each Social Media Giveaway begins and ends on the dates and times as specified on the Giveaway Social Media Post (the “Giveaway Entry Period”). Entries will only be accepted during the Giveaway Entry Period.

3. How to Enter: Follow the instructions on the Giveaway Social Media Post to enter a Giveaway (the “Entry”). If the Entry is in the form of an original photograph or comment, you warrant and represent that your Entry is original and does not infringe the intellectual property rights of any third party,you own or have the necessary licenses, rights, consents, and permissions to publish and exploit the Entry,the Entry does not feature trademarks, logos, or brand names other than FunkkOFF!, and the Entry is not made for any improper purpose such as to intimidate or harass any individual or to ridicule, disparage, or embarrass FunkkOFF!. You grant a right to FunkkOFF! to a royalty-free, irrevocable, transferrable, sublicensable, and non-exclusive perpetual license throughout the universe for use in any and all media whether now known or hereafter devised to use and exploit (including without limitation by reproduction, distribution, public display, adaptation, communication to the public, and/or public performance, and including for commercial purposes) the Entry, waive to the full extent permitted by law any and all claims against FunkkOFF! related to moral rights in the Entry, and except where prohibited, grant written permission to have the Winner’s name, likeness and identity used for promotional purposes by FunkkOFF! without additional compensation.

Limit one Entry per person per Giveaway unless otherwise stipulated.

To preserve the standards of a Giveaway, FunkkOFF! may occasionally ask for additional information which will be used for fraud prevention.

No Entry shall contain any language or imagery which FunkkOFF! deems, in its sole and absolute discretion, to be inappropriate, indecent, obscene, hateful, tortious, defamatory, or that promotes discrimination on the basis of race, gender, religion, nationality, disability, sexual orientation, or age. FunkkOFF! reserves the right, in its sole discretion, to disqualify any Entry that contains any such language or imagery or which otherwise may be in violation of any law. Late, incomplete and/or inaccurate entries and entries not complying with all Rules are subject to disqualification. Any form of automated entry, including by the use of macros, scripts or bots, will be disqualified. Furthermore, by entering, each Participant represents and warrants that each Entry complies with these Giveaway Rules in full. FunkkOFF! reserves the right in its sole discretion to disqualify and/or not accept any Entry that Sponsor determines does not or is likely not to comply with these guidelines.

4. Number of Entries: One Entry per Social Media account, unless otherwise stipulated on the Giveaway Social Media Post. Any Entries over the limit will be deemed ineligible and will not be entered into the Giveaway.

By participating, each person who participates (each a “Participant”) agrees to be fully and unconditionally bound by these Rules, and represents and warrants that he/she meets the eligibility requirements set forth herein.

By entering a Giveaway, you will not be eligible to receive any prizes awarded in any other Giveaway unless you enter each Giveaway separately.

5. Prizes: Prize shall be as stated on Giveaway Social Media Post. No cash or other prize substitutions are permitted except at Sponsor’s sole discretion. The prize is nontransferable. Online gift card prizes shall be subject to the terms and conditions delivered with the online gift card. Each winner will be responsible for paying all costs and expenses related to a prize that are not specifically mentioned, including, but not limited to, income taxes, and any other expenses that might reasonably be incurred by the winner in receiving or using the prize. Winner should consult a tax professional to discuss winner’s particular situation. Each winner may be required to submit his/her social security number or tax payer ID to FunkkOFF! in order to claim a prize. If a winner does not provide his/her social security number or tax payer ID as requested by FunkkOFF!, the winner will no longer be eligible to receive the prize and the prize will be forfeited and returned to Sponsor.

Each prize will be awarded “AS IS” and WITHOUT WARRANTY OF ANY KIND, express or implied (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose). If you win a prize, you may not transfer, assign, or redeem the prize for cash. Sponsor or FunkkOFF! reserves the right to substitute a prize with a gift card or other prize of value equal to or greater than the value paid by Sponsor while setting up the Giveaway.

6. Grant of Rights: By accepting the Prize, the Winner agrees, where imposing such condition is legal, to grant Sponsor and its designees the irrevocable, royalty-free right to publish, disseminate, and use the person’s name and city and state of residence without further notice, permission, or consideration, in perpetuity, throughout the world, in all media and formats now known or hereafter invented, in connection with the execution and promotion of the Giveaway, and will confirm consent to such use in writing upon request.

7. Winner Selection, Notification, and Odds of Winning: Sponsor will award a prize to one or more individuals who enter the Social Media Giveaway as specified in the Giveaway Social Media Post. The start and end dates and times of the Social Media Giveaway, method of entry, prize(s) and ARV, and winner selection method will be specified on the Giveaway Social Media Post. The winner selection method will be one of the following, as more fully described on the Giveaway Social Media Post:

1. Winner(s) will be selected by random drawing from among all eligible entries received. Odds of winning depend on the number eligible entries received.
2. Entries will be judged by FunkkOFF! personnel, to be selected by FunkkOFF! at its sole discretion (the "Judges"). The Judges shall select a Winner using the following equally weighted criteria: Creativity; Marketability; Originality, and Relevance to the giveaway theme. Decisions of the Judges are final and binding.

Limit one prize per person per Social Media Giveaway, unless otherwise stated.

The Winner will be notified via direct message to the Social Media Site account or email associated with the Winner’s Entry, and must respond within two (2) days to claim the prize.

8. Terms: All federal, state, and local laws and regulations apply, and the Giveaway is void where prohibited. FunkkOFF! reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Giveaway should (in its sole discretion) a virus, bugs, non-authorized human intervention, fraud or other causes beyond its control corrupt or affect the administration, security, fairness or proper conduct of the Giveaway. In such case, FunkkOFF! may select the recipients from all eligible Entries received prior to and/or after (if appropriate) the action taken by FunkkOFF!. FunkkOFF! 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 Giveaway or who violates these Giveaway Rules. Sponsor is not responsible for lost, late, illegible, incomplete, damaged, mutilated, misdirected, misdelivered, or delayed Entries, or for technical or human errors or failures of any kind in connection with the submission, transmission, processing or selection of Entries or the winning Entry, including without limitation any malfunctions or failures of computer hardware, computer software, networks or telephone equipment or any technical problems or traffic congestion on the Internet or at any website or late, lost, damaged, or postage due mail, or any combination thereof. Caution: Any attempt by a person to deliberately damage any Web site or undermine the legitimate operation of the Giveaway 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 person to the fullest extent of the law. Sponsor is not responsible for any typographical or other error in the printing of the offer, administration of the Giveaway, or in the announcement of the prize. Sponsor shall not be responsible for retaining copies of any Entry. These Giveaway Rules set forth the entire agreement and understanding between Sponsor and Participant concerning the subject matter hereof and merges and supersedes all prior discussions, agreements, and understandings of any kind between them. Notwithstanding anything contained herein to the contrary, Sponsor reserves the right, in its sole discretion, at any future time to terminate, modify, or suspend the Giveaway for any reason, in Sponsor's sole discretion. Participant shall be deemed an independent contractor and nothing contained herein shall constitute this arrangement to be employment, a joint venture, or a partnership. Sponsor's failure to enforce any provision of these Giveaway Rules shall not constitute a waiver of any provision contained herein. If any provision of these Rules is found to be invalid or unenforceable by a court of competent jurisdiction or appointed arbitrator, such determination shall in no way affect the validity or enforceability of any other provision herein. The titles of Sections of these Giveaway Rules are for convenience only and shall not be given any legal effect. The word “including” is used in these Giveaway Rules to mean “including but not limited to.” Sponsor may, in its sole discretion, disqualify any individual found to be acting in an unsportsmanlike or disruptive manner or with intent to annoy, abuse, threaten or harass any other person.

If there is a dispute as to the identity of an entrant, the Prize will be awarded to the authorized account holder of the Social Media Site account associated with the winning Entry, as registered with the Social Media Site at the actual time of entry, or, if applicable, to the authorized account holder of the email address associated with the winning Entry, as registered with the organization responsible for assigning email addresses for the domain associated with the Winning Entry’s submitted email address. FunkkOFF! shall have no liability for a Winner’s failure to receive notices due to Winners’ failure to check their Social Media Site messages, or for emails sent to spam, junk e-mail or other security settings or for Winners’ provision of incorrect or otherwise non-functioning contact information.

No greater than the number of prizes stated on the Giveaway Social Media Page will be awarded, and any prize not claimed by the time requested on the Giveaway Social Media Page may not be awarded and such prize may be forfeited and returned to Sponsor. If any technical or other errors occur in the selection of a potential winner or if more prizes are claimed than the number of prizes specified on the Giveaway Social Media Page, Sponsor or FunkkOFF! may award the prize(s) by random drawing from among all eligible claimants.

9. Limitation of Liability: By entering, each Participant agrees to and hold harmless FunkkOFF! and its subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, officers and directors (all of the foregoing, the “Sponsor Parties”) 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 Participant's participation in the Giveaway and/or her acceptance, possession, use, or misuse of any prize or any portion thereof; (ii) technical failures of any kind, including but not limited any loss or damage to any Entry; (iii) the malfunctioning of any computer, cable, network, hardware or software; (iv) the unavailability or inaccessibility of any transmissions or telephone or Internet service; (v) unauthorized human intervention in any part of the entry process or the Giveaway; (vi) electronic or human error which may occur in the administration of the Giveaway or the processing of Entries; to the maximum extent allowed by law. Some jurisdictions may not permit certain liability limitations or waivers. If any court determines the law of such a jurisdiction applies, our liability shall be limited to the greatest extent permitted by law.

10. All Decisions Final: All decisions of Sponsor and Sponsor Parties are final and binding in all respects.

11. Disputes: THE GIVEAWAY IS GOVERNED BY THE LAWS OF THE UNITED STATES OF AMERICA WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. As a condition of participating in the Giveaway, to the fullest extent allowed by law, Participant agrees that any and all disputes, claims, causes of action or controversies arising out of or in connection with the Giveaway, shall be resolved in arbitration individually and without resort to collective, class, or aggregate action, as set forth in the Terms and Conditions of the FunkkOFF! website. By registering and/or submitting an Entry, each Participant irrevocably waives, to the greatest extent allowed by law, any right to seek and/or obtain rescission and/or equitable and/or injunctive relief. Further, in any such dispute, under no circumstances will Participant be permitted to obtain awards for, and hereby waives all rights to claim, punitive, incidental, or consequential damages, including reasonable attorneys’ fees, other than Participant’s actual out-of-pocket expenses (i.e. costs associated with entering the Giveaway), and participant further waives all rights to have damages multiplied or increased.

NOTWITHSTANDING ANYTHING TO THE CONTRARY, IN NO EVENT WILL THE SPONSOR OR THE SPONSOR PARTIES BE LIABLE TO ANY PARTICIPANT OR ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSS OF REVENUES, LOST PROFITS, LOST CAPITAL OR OVERHEAD, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WHETHER OR NOT SPONSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

12. Miscellaneous: Each Giveaway is governed by the laws of the United States. You agree that Sponsor’s decisions related to the Giveaway and all distribution of prizes are final. Each winner agrees that, by participating in the Giveaway, Sponsor or FunkkOFF! may use the winner’s name in any manner and in any medium for its promotional purposes without additional compensation, including posting in a winner’s list, except where prohibited by law, and Sponsor or FunkkOFF! may be required to disclose the winner's address to state regulatory authorities.

13. Privacy Policy: In the event that a Giveaway calls for submission of information on the FunkkOFF! website, all information submitted in connection with the Giveaway will be treated in accordance with the FunkkOFF! Privacy Policy. All submissions through Social Media Sites will be governed by the Privacy Policy of the Social Media Site on which the Giveaway Social Media Post is posted.

14. Name of Winner: For the name of the Winner, which will be available two weeks after a Social Media Giveaway has ended, send a self-addressed and stamped envelope marked with the Social Media Site name and date of the Giveaway (e.g. “Instagram Giveaway Dec. 1, 2018”) to FunkkOFF!, 32932 Pacific Coast Highway, #14250, Dana Point, CA 92629.


15. Disclaimer: The Social Media Giveaways are in no way sponsored, endorsed or administered by, or associated with, Facebook, Instagram, or any other third party social media site (the “Social Media Sites”) and in no instance shall the Social Media Sites or their subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, officers and directors (all of the foregoing, the “Social Media Sites Parties”) be liable for any disputes, claims, causes of action or controversies arising out of or in connection with a Social Media Giveaway.

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Social Giveaway

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