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SWEEPSTAKES OFFICIAL RULES
FOR ANY SWEEPSTAKES PROMOTION, NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT IMPROVE YOUR CHANCE OF WINNING. BY ENTERING, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, THIS CONTRACT INCLUDES DISCLAIMERS, LIMITATIONS OF LIABILITY, AND A LIMITATION OF YOUR RIGHTS AND REMEDIES
- Start/End Dates. Sweepstakes' beginning and end dates will be identified in the applicable social media post (the “Sweepstakes Period”).
- Sponsor. The sponsor of the Sweepstakes is BURST USA, Inc. (“Sponsor”).
- Eligibility. The sweepstakes (“Sweepstakes”) is open only to legal residents of the fifty (50) United States and the District of Columbia, and who are at least eighteen (18) years of age as of the date of entry. Employees of Sponsor, and any of Sponsor’s respective parents, subsidiaries, divisions, affiliates, suppliers, distributors, and advertising, promotional, and judging agencies, including the administrator of this Sweepstakes if any, and of Sponsor’s employees’ and their immediate family members (spouses, parents, children and siblings and their spouses) and any household members of each (whether related or not), are not eligible to participate or win. This Sweepstakes is void where prohibited.
- How to Enter. During the Sweepstakes Period, you may enter the Sweepstakes by visiting the Sweepstakes site at the appropriate Sponsor website or social media site, unless directed otherwise, and follow the instructions. Upon completion of the necessary requirements, you will receive one (1) entry into the Sweepstakes. By entering the Sweepstakes, entrants fully and unconditionally agree to be bound by these rules and the decisions of the judges, which will be final and binding in all matters relating to the Sweepstakes. There is NO PURCHASE OR PAYMENT OF ANY KIND NECESSARY to participate in the Sweepstakes. A purchase does not improve your chance of winning.
Limit of one (1) entry per person. No automated entry devices and/or programs are permitted. All entries become the sole and exclusive property of Sponsor and submission of additional entries are prohibited and will not be acknowledged or entered into the Sweepstakes by Sponsor. Delivery of prizes requires an email address. Sponsor is not responsible for lost, late, illegible, stolen, incomplete, invalid, unintelligible, misdirected, technically corrupted, or garbled entries, which will be disqualified, or for problems of any kind whether mechanical, human, or electronic. Only fully completed entry forms that do not violate these rules will be accepted.
- Winner Selection. Winners will be selected by Sponsor or a third-party administrator in a random drawing from all eligible entries received by the end date of the Sweepstakes Period. The odds of winning depend on the number of eligible entries received for the drawing. ANY VIOLATION OF THESE OFFICIAL RULES BYTHE WINNER WILL RESULT IN THE WINNER’S DISQUALIFICATION AS THE WINNER OF THE CAMPAIGN, AND ALL PRIVILEGES AS THE WINNER WILL BE IMMEDIATELY TERMINATED.
- Prizes. The Sweepstakes Prize will be awarded to the winner subject to the winner’s full compliance with these Official Rules. All portions of the prize are non-assignable and non-transferable. Prizes depicted in point-of-sale, online, television, and print advertising, promotional packaging, and other Sweepstakes materials are for illustrative purposes only. All details of the prize not specified in these Official Rules will be determined by Sponsor in its sole discretion. No cash alternative or substitution of the prize will be allowed, except Sponsor reserves the right in its sole discretion to substitute a prize of comparable value if any prize listed is unavailable, in whole or in part, for any reason. All federal, state, and local taxes are the sole responsibility of the winners.
- Notification. Winners will be notified via the appropriate social media channel (e.g,, through Facebook or Instagram) or via email from an official Sponsor account on or about the end date of the Sweepstakes. If any winner does not respond within five (5) calendar days of the notification attempt, if any prize or prize notification is returned as undeliverable, if any winner rejects his/her prize, or in the event of winner’s non-compliance with these Sweepstakes rules and requirements, such prize will be forfeited, and an alternate winner will be selected from all remaining eligible entries. Upon prize forfeiture, no compensation will be given. Limit one prize per person or household.
- Limitation of Liability; Disclaimer of Warranties. By participating, entrants and winners agree to release and hold harmless, Sponsor, Facebook, Inc., Instagram, and their respective advertising and promotion agencies and their respective parent companies, subsidiaries, affiliates, partners, representatives, agents, successors, assigns, employees, officers, and directors (collectively, “Released Entities”), from any and all liability, for loss, harm, damage, injury, cost or expense whatsoever including without limitation, property damage, personal injury and/or death which may occur in connection with, preparation for, travel to, or participation in this Sweepstakes, or for possession, acceptance and/or use or misuse of prize or for participation in any Sweepstakes-related activity, or for any claims based on publicity rights, defamation or invasion of privacy and merchandise delivery.
IN NO EVENT WILL THE RELEASED ENTITIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICE AND/OR THE SWEEPSTAKES, DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM ANY WEBSITES ASSOCIATES WITH THE SWEEPSTAKES. IN NO EVENT SHALL THE RELEASED ENTITIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED $10. WITHOUT LIMITING THE FOREGOING, THE SWEEPSTAKE AND ALL PRIZES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
- Insufficient entries; Force Majeure Event. . In the event an insufficient number of eligible entries are received and/or the Sponsor is prevented from awarding prizes or continuing with the Sweepstakes as contemplated herein by any event beyond their control, including but not limited to fire, flood, a natural or man-made epidemic of the health of other means, earthquake, explosion, labor dispute or strike, an 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, then subject to any governmental approval which may be required, Sponsor shall have the right to modify, suspend, or terminate the Sweepstakes. If the Sweepstakes 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.
- Additional Conditions. Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify, extend, or suspend the Sweepstakes should (in its sole discretion) viruses, bugs, non-authorized human intervention, fraud, or other causes beyond its control corrupt or affect the administration, security, fairness or proper conduct of the Sweepstakes. In such a case, Sponsor will select the winner(s) from all eligible entries received prior to the action taken by Sponsor. Sponsor reserves the right to disqualify any individual it finds, in its sole discretion, to be tampering with the entry process or the operation of the Sweepstakes or website. Sponsor may prohibit an entrant from participating in the Sweepstakes or winning a prize if, in its sole discretion, it determines that said entrant is attempting to undermine the legitimate operation of the Sweepstakes by cheating, hacking, deception, or other unfair playing practices (including the use of automated quick entry programs) or intending to annoy, abuse, threaten or harass any other entrants or Sponsor representatives.
Participation in the Sweepstakes and acceptance of the prize constitutes each winner’s permission for Sponsor to use his/her name, address (city and state), likeness, photograph, picture, portrait, voice, biographical information, and/or any statements made by each winner regarding the Sweepstakes or Sponsor for advertising and promotional purposes without notice or additional compensation, except where prohibited by law.
The invalidity or unenforceability of any provision of these rules 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 rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
- Disputes; Governing Law. The parties waive all rights to trial in any action or proceeding instituted in connection with these Official Rules, including, without limitation, the Sweepstakes. Any controversy or claim arising out of or relating to these Official Rules and/or the Sweepstakes shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in the State of California, City of Los Angeles.
In case of dispute as to the identity of any entrant, entry will be declared made by the authorized account holder of the email address or social media account submitted at the time of entry. “Authorized Account Holder” is defined as the natural person who is assigned an email address by an Internet access provider, online service provider, or other organization (e.g., business, educational, institution, etc.) responsible for assigning email addresses or the domain associated with the submitted email address. Any potential winner may be requested to provide Sponsor with proof that such winner is the authorized account holder of the email address associated with the winning entry. Any other attempted form of entry is prohibited; no automatic, programmed; robotic or similar means of entry are permitted. Sponsor, its affiliates, partners, and promotion and advertising agencies are not responsible for technical, hardware, software, telephone, or other communications malfunctions, errors or failures of any kind, lost or unavailable network connections, website, Internet, or ISP availability, unauthorized human intervention, traffic congestion, incomplete or inaccurate capture of entry information (regardless of cause) or failed, incomplete, garbled, jumbled or delayed computer transmissions which may limit one’s ability to enter the Sweepstakes, including any injury or damage to participant’s or any other person’s computer relating to or resulting from participating in the Sweepstakes or downloading any materials in the Sweepstakes.
THESE OFFICIAL RULES AND THE INTERPRETATION OF ITS TERMS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA WITHOUT REGARD TO ITS CONFLICTS OF LAWS RULES. For any matters which are not subject to arbitration as set forth in these Official Rules and/or in connection with the entering of any judgment on an arbitration award in connection with these Official Rules and/or the Sweepstakes, the parties irrevocably submit and consent to the exclusive jurisdiction and venue of the state and federal courts located in or closest to the County of Los Angeles in the State of California. The parties agree not to raise the defense of forum non conveniens.
- Winners List. To obtain a copy of any legally-required winners list, send a self-addressed stamped envelope to: “Sweepstakes Winners List”, to BURST, 440 N Barranca Ave, #4658 Covina, CA 91723. Vermont residents may omit return postage.
- Use of Data. Sponsor will be collecting personal data about entrants online, in accordance with its privacy policy. Please review Sponsor’s privacy policy at http://burstoralcare.com/privacy-policy. By participating in the Sweepstakes, entrants hereby agree to Sponsor’s collection and usage of their personal information and acknowledge that they have read and accepted Sponsor’s privacy policy.