PLEASE READ CAREFULLY. BY ENTERING THE GIVEAWAY, YOU ACKNOWLEDGE AND ACCEPT THE FOLLOWING GIVEAWAY TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO BE BOUND BY THE FOLLOWING, PLEASE DO NOT ENTER THE GIVEAWAY.
NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW.
The “Giveaway” starts on April 18, 2018 at 6 pm PST and ends on April 20, 2018 at 4 pm PST (the “Giveaway Period”).
ELIGIBILITY: The Giveaway is open solely to legal residents of the forty-eight (48) contiguous states of the United States, who are eighteen (18) years of age or older at the time of entry. Employees of California Pak, LLC (the “Sponsor”) and their parent and affiliate companies, subsidiaries, divisions, promotion agencies, suppliers and members of their immediate families and household, are not eligible. Giveaway is subject to all applicable federal, state and local laws.
SPONSOR: California Pak, LLC at 1700 S. Wilmington Ave., Compton, CA 90220.
HOW TO ENTER:
During the Giveaway Period:
To participate in the Giveaway, an entrant must (1) follow @CALPAK on Instagram, (2) follow @Oh Joy on Instagram, (3) follow @OhJoyCo on Instagram, (4) post a comment on the image posted on April 18, 2018 at approximately 6 pm PST on the @CALPAK Instagram profile, or the @OhJoy Instagram profile, or the @OhJoyCo Instagram profile describing where you would take your new Oh Joy! for CALPAK Luggage (collectively an “Entry”).
Inappropriate, obscene, threatening, dangerous, or abusive comments are not permitted, and any entrants participating in such activity will be disqualified. No spam or unlawful content is permitted.
Entries must be received between during the Giveaway Period.
Limit one (1) Entry per person, per Instagram account. The person submitting the Entry must be the authorized account holder of the Instagram account associated with the Entry.
REQUIREMENTS OF ENTRIES:
By submitting an Entry, entrant warrants and represents that he/she consents to the submission and use of the Entry in the Giveaway and to its use as otherwise set forth herein.
Entrant agrees that Released Parties (as defined below) are not responsible for any unauthorized use of Entries by third parties.
PRIZE SELECTION/ODDS: The winning entry for the prize(s) will be chosen from all eligible entries received during the Giveaway Period on or about April 20, 2018. The number of eligible entries received determines the odds of winning. Subject to verification of eligibility and compliance with these Official Rules, the winning entry chosen as determined by the Sponsor, will be deemed the potential prize winner.
The Giveaway will be conducted under the supervision of the Sponsor. The decisions of the Sponsor are final and binding in all matters relating to this Giveaway. Winners will be notified by email or direct message; provided, however, that Sponsor reserves the right to determine an alternate method of notification. Winners must claim their prize within one (1) business day after the date of notification of such Prize. A Giveaway winner's failure to respond to the Prize notification within the specified one (1) business day will be considered such Giveaway winner's forfeiture of the prize and an alternate winner may be selected from the pool of eligible entries. If an entrant is found to be ineligible, an alternate winner may also be selected from the pool of eligible entries. Sponsor may successively attempt to contact up to two (2) potential prize winners in accordance with such procedure, and if there is still no confirmed prize winner after such attempts have been made, if any, the applicable prize may go unawarded.
WINNER NOTIFICATION: On or about April 20, 2018, Giveaway winners will be notified via email or direct message. After initial contact has been made, subsequent communication may take place via e-mail or telephone. The potential winners may be required to execute and return an affidavit of eligibility, a liability release and, where lawful, a publicity release within seven (7) days of date of issuance. If such documents are not returned within the specified time period, a prize or prize notification is returned as undeliverable, or a potential winner is not in compliance with these Official Rules, that potential winner’s prize will be forfeited and an alternate winner will be selected. If a potential winner is an eligible minor in his/her jurisdiction of residence, the prize may be awarded in the name of his/her parent or legal guardian who will be responsible for fulfilling all requirements imposed on the winner set forth herein.
In the event of a dispute as to the identity of any potential winner, Sponsor reserves the right in its sole discretion to select another winner and the unidentifiable potential winner will forfeit all rights to a prize.
PRIZE: One (1) winner will receive one (1) Oh Joy! + CALPAK Two-Piece Luggage Set, one (1) Oh Joy! + CALPAK Floral Medium Hat Box, one (1) Oh Joy! + CALPAK Power Luggage Tag, and one (1) Oh Joy! + CALPAK 5-Piece Packing Cube Set. ALL PRIZES ARE 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. The winners may not substitute, assign or transfer the prizes or redeem the prizes for cash, however, Sponsor retains the right, in its sole discretion, to substitute the prizes (or any portion thereof) with one of comparable or greater value. Winners are responsible for all applicable federal, state and local taxes, if any, as well as any other costs and expenses associated with prize acceptance and use not specified herein as being provided.
GENERAL CONDITIONS: By participating, each entrant agrees: (a) to abide by these Official Rules and decisions of Sponsor, which shall be final and binding in all respects relating to this Giveaway; and (b) to the use of his/her name, voice, performance, photograph/video, image and/or likeness for programming, advertising, publicity and promotional purposes in any and all media, now or hereafter known, worldwide and on the Internet, and in perpetuity by Sponsor and its designees, without compensation (unless prohibited by law) or additional consents from entrant or any third party and without prior notice, approval or inspection, and to execute specific consent to such use if asked to do so. By participating, entrant also agrees not to release any publicity or other materials on their own or through someone else regarding their participation in the Giveaway without the prior consent of the Sponsor, which it may withhold in its sole discretion.
LIABILITY: By entering the Giveaway, each entrant agrees that California Pak, LLC and their respective parents, subsidiaries and affiliated companies, their successors and assigns and all their respective shareholders, directors, officers and employees and all their advertising and promotion agencies (“Released Parties”), will have no liability whatsoever in connection with this Giveaway, and the entrant shall hold them harmless for any injuries, costs, losses or damages, including, without limitation, death and bodily injury, of any kind that entrant or others may incur as a consequence of entrant’s participation in the Giveaway or any Giveaway-related activity or entrant’s acceptance, receipt, possession, use or misuse of the prize, in whole or in part, directly or indirectly. By entering the Giveaway, entrant explicitly releases, discharges and holds harmless the Released Parties from any and all liability, actions, causes of action, damages, actual, incidental or consequential, claims and demands whatsoever in law or equity, including attorneys' fees and/or experts fees and costs, which he/she now has or may acquire, by reason of any personal injury, death, loss of or damage to property, or any reason, occurring during or arising out of his/her participation in the Giveaway or any Giveaway-related activity and the acceptance, receipt, possession, and use or misuse of the prize, in whole or in part, directly or indirectly.
OWNERSHIP/USE OF ENTRIES: By submitting an Entry, each entrant hereby grants the Released Parties a non-exclusive, worldwide, perpetual, irrevocable, fully transferable right and license to use, modify and otherwise fully exploit the Entry submitted (including the copyright thereto and all rights embodied therein). For clarity, the foregoing license permits Sponsor and its designees to exploit, edit, modify, and distribute the Entry and all elements of such Entry, including, without limitation, the names and likenesses of any persons or locations embodied therein, in any and all media now known or hereafter devised, worldwide, in perpetuity without compensation, permission or notification to entrant or any third party, and entrant hereby agrees to execute specific consent to such use if asked to do so.
MISCELLANEOUS: Released Parties are not responsible for lost, late, incomplete, damaged, inaccurate, illegible, stolen, delayed, misdirected, undelivered, or garbled Entries; or for lost, interrupted or unavailable network, server, Internet Service Provider (ISP), website, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties, or other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Giveaway, including, without limitation, errors or difficulties which may occur in connection with the administration of the Giveaway, the processing of Entries, the drawing for prizes, the announcement of the prize, or the incorrect uploading of the photo or in any Giveaway-related materials. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by site users, tampering, hacking, or by any equipment or programming associated with or utilized in the Giveaway. Released Parties are not responsible for injury or damage to any person's computer related to or resulting from participating in this Giveaway or downloading materials from or use of the website. Persons who tamper with or abuse any aspect of the Giveaway or the applications or websites of any Released Party, or who act in an unsportsmanlike or disruptive manner or who are in violation of these Official Rules, as solely determined by Sponsor, will be disqualified and all associated Entries will be void. Should any portion of the Giveaway be, in Sponsor’s sole opinion, compromised by virus, worms, bugs, non-authorized human intervention or other causes which, in the sole opinion of the Sponsor, corrupt or impair the administration, security, fairness or proper play, or submission of Entries, Sponsor reserves the right at its sole discretion to suspend, modify or terminate the Giveaway. Notwithstanding the foregoing, Sponsor may seek equitable relief in any court of competent jurisdiction. In the event an insufficient number of eligible entries are received and/or Sponsor is prevented from awarding prizes or continuing with the Giveaway as contemplated herein by any event beyond its control, including but not limited to fire, flood, natural or man-made epidemic of health of other means, 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, public health crisis, order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control (each a “Force Majeure” event or occurrence), then subject to any governmental approval which may be required, Sponsor shall have the right to modify, suspend, extend, or terminate the Giveaway. If the Giveaway is terminated before the designated end date, Sponsor will (if possible) select the winner in a random drawing from all eligible, non-suspect entries received as of the date of the event giving rise to the termination. Inclusion in such drawing shall be each entrant’s sole and exclusive remedy under such circumstances. Only the type and quantity of prizes described in these Official Rules will be awarded. These Official Rules cannot be modified or amended in any way except in a written document issued in accordance with law by a duly authorized representative of Sponsor. If any provision of these rules is held to be illegal or unenforceable, such provision shall be limited or eliminated to the minimum extent necessary so that these rules otherwise remain in full force and effect and enforceable. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE SPONSOR’S WEBSITES OR APPLICATIONS OR UNDERMINE THE LEGITIMATE OPERATION OF THE GIVEAWAY MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES (INCLUDING ATTORNEYS’ FEES) FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
GOVERNING LAW/JURISDICTION: ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE OFFICIAL RULES OR THE RIGHTS AND OBLIGATIONS OF ENTRANTS OR SPONSOR IN CONNECTION WITH THE GIVEAWAY SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAWS OF THE STATE OF CALIFORNIA WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OR CONFLICT OF LAW RULES OR PROVISIONS THAT WOULD CAUSE THE APPLICATION OF ANY OTHER STATE’S LAWS. FOR THE PURPOSES OF ANY DISPUTES HEREUNDER, BY ENTERING THIS GIVEAWAY, EACH ENTRANT AGREES THAT ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR IN ANY WAY RELATED TO THIS GIVEAWAY SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION AND CONSENTS TO THE EXCLUSIVE JURISDICTION AND VENUE OF THE APPROPRIATE STATE OR FEDERAL COURT SITUATED IN THE STATE OF CALIFORNIA.
ARBITRATION: EXCEPT WHERE PROHIBITED BY LAW, AS A CONDITION OF PARTICIPATING IN THIS PROMOTION, ENTRANT AGREES THAT (1) ANY AND ALL DISPUTES AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS PROMOTION, OR ANY PRIZES AWARDED, SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION, AND EXCLUSIVELY BY FINAL AND BINDING ARBITRATION UNDER THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION AND HELD AT THE AAA REGIONAL OFFICE NEAREST THE ENTRANT; (2) THE FEDERAL ARBITRATION ACT SHALL GOVERN THE INTERPRETATION, ENFORCEMENT AND ALL PROCEEDINGS AT SUCH ARBITRATION; AND (3) JUDGMENT UPON SUCH ARBITRATION AWARD MAY BE ENTERED IN ANY COURT HAVING JURISDICTION. UNDER NO CIRCUMSTANCES WILL ENTRANT BE PERMITTED TO OBTAIN AWARDS FOR, AND ENTRANT HEREBY WAIVES ALL RIGHTS TO CLAIM, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES, INCLUDING ATTORNEYS' FEES, OTHER THAN ENTRANT’S ACTUAL OUT-OF-POCKET EXPENSES (I.E., COSTS ASSOCIATED WITH PARTICIPATING IN THIS PROMOTION), AND ENTRANT FURTHER WAIVES ALL RIGHTS TO HAVE DAMAGES MULTIPLIED OR INCREASED.
REQUEST FOR WINNER: For the name of the winner, available after June 4, 2018, send a self-addressed, stamped, envelope to: Oh Joy! + CALPAK Giveaway, CALPAK, 1700 S. Wilmington Ave., Compton, CA 90220.