OFFICIAL RULES - Custom Gold Grillz 100k TikTok Giveaway
NO PURCHASE IS NECESSARY TO PARTICIPATE OR WIN. ENTRY INTO THIS GIVEAWAY CONSTITUTES YOUR ACCEPTANCE OF THESE OFFICIAL RULES. VOID WHERE PROHIBITED.
Eligibility: The Custom Gold Grillz 100k TikTok Giveaway ("Giveaway") is open and offered only to legal residents of the 50 United States and the District of Columbia ("Eligibility Area"), who live in the Eligibility Area and are eighteen (18) years of age or older. In the event of any conflict or inconsistency with any other advertising, promotional, or other materials, these Official Rules shall govern. Employees, officers, directors, and representatives of First Vibes, LLC ("Custom Gold Grillz") (the "Sponsor"), as well as the immediate family members and same household members of each such employee, officer, director, or representative, are not eligible to participate in the Giveaway. Only individuals meeting all eligibility requirements set forth in these Official Rules may participate in the Giveaway or win a prize ("Participant"). All federal, state, and local laws and regulations apply. Sponsor reserves the right to verify the eligibility of winners.
Giveaway Period: The Giveaway commences at 7:00 A.M. Pacific Time ("PT") on June 27th, 2023 and ends at 11:59 P.M. PT on July 4th, 2023 ("Giveaway Period"). Sponsor's computer is the official time-keeping device for this Giveaway.
How to Enter:
Via TikTok: You can enter the Giveaway by:
You must have the TikTok app and an account to enter via this method. If you do not have the TikTok app, you may download it through the application store on your device. The TikTok app is free.
By entering the Giveaway via TikTok using your mobile device, standard data fees may apply. Please consult your wireless service provider's pricing plan for details. You agree to incur any and all charges demanded by your wireless carrier. Additionally, please check your device's features and the device manual for specific use instructions.
All entry information and comments shall be collectively referred to herein as the "Submissions" or each as a "Submission." Submissions must comply with the Guidelines and Restrictions defined below.
By entering, each entrant warrants and represents the following with respect to their Submission: (a) the entrant is the sole and exclusive owner of the Submission; (b) the Submission will not infringe on any rights of any third parties; and (c) any third parties appearing in the Submission have given entrant appropriate consent to be photographed and used as permitted herein. Sponsor reserves the right to request releases from any third parties appearing in any Submissions at any time. Failure to produce third-party releases upon Sponsor's request may result in disqualification, as determined by Sponsor in its sole and absolute discretion.
Providing a Submission constitutes entrant's consent to give Sponsor a royalty-free, irrevocable, perpetual, non-exclusive license to use, reproduce, modify, publish, create derivative works from, and display such Submissions in whole or in part, on a worldwide basis, in perpetuity, and to incorporate it into other works, in any form, media, or technology now known or later developed, for any purpose whatsoever, including for promotional or marketing purposes.
Limit one (1) Submission per person. Entrants are not permitted to submit a Submission more than once during the Giveaway Period. Duplicate Submissions by the same person will be subject to disqualification. All terms and conditions of TikTok.com apply. Multiple entrants are not permitted to share the same TikTok account. Any attempt by any entrant to obtain more than the stated number of entries by using multiple/different TikTok accounts, identities, registrations and logins, or any other methods will void that entrant's entries, and that entrant may be disqualified. The use of any automated system, devices, bots, and/or other programs or software to participate is prohibited and will result in disqualification. Entries must be submitted by the Participant. Sponsor is not responsible for lost, late, illegible, incomplete, invalid, unintelligible, misdirected, technically corrupted, or garbled entries, which will be disqualified, or for problems of any kind, whether mechanical, human, or electronic. Sponsor shall not be responsible for incorrect or inaccurate entry information, whether caused by any of the equipment or programming associated with or utilized in the Giveaway or by any technical or human error that may occur in the processing of the entries in the Giveaway. Sponsor assumes no responsibility or liability for any error, omission, interruption, deletion, theft, or destruction or unauthorized access to, or alteration of entries. Only fully completed entries are eligible.
In the event of a dispute over who submitted a winning entry, the "authorized account holder" of the TikTok account used to register on the platform will be deemed to be the entrant. The potential winner may be required to show proof of identity or forfeit the prize. All entries become the property of Sponsor and will not be acknowledged or returned. By entering the Giveaway, 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 Giveaway.
Random Drawing/Odds: The winner will be selected in a random drawing from all eligible Submissions received on or about July 5th, 2023. Odds of winning depend on the number of Submissions received for the drawing.
Prize: One (1) winner will be randomly drawn to win a free 6 top and 6 bottom 10k gold grillz set, with an approximate retail value of $1000.
Prize is not available for individual retail sale. The prize is non-transferable. No substitutions or cash redemptions will be made. In the case of unavailability of a prize, Sponsor reserves the right to substitute a prize of equal or greater value. Sponsor also reserves the right to reschedule the Giveaway, modify the dates of the Prize, or cancel the awarding of the Prize at its discretion.
Winner Selection & Notification: One (1) winner will be randomly selected on or around July 5th, 2023 by Sponsor from all Submissions received during the Giveaway Period. Sponsor will contact the potential winner via TikTok DIRECT MESSAGE and announce the winner by posting a comment on Sponsor's Official TikTok account within 1 day of the selection, providing details on how to claim the prize. The potential winner will be required to respond to Sponsor within 24 hours to claim their prize. If a winner is unable to be contacted within 24 hours from the first attempt, the potential winner may forfeit the prize. The winner may be provided a Declaration of Eligibility and Liability/Publicity Release to fill out, sign, and return within 24 hours of receipt. If the winner does not sign and return the Declaration and Release or does not meet eligibility criteria, or is unwilling or unable to comply with these Official Rules or return the necessary documentation by the required deadlines, an alternate winner may be selected from the remaining Submissions in accordance with these Official Rules, at Sponsor's sole discretion. Only three (3) alternate winner selections will be made, after which any prizes will remain unawarded.
Verification of Potential Winners: The potential winner is subject to verification by Sponsor, whose decisions are final and binding in all matters related to the Giveaway. A Participant is not a winner of any prize unless and until their eligibility has been verified, and they have been notified that verification is complete.
Publicity: By participating in the Giveaway, each Participant agrees to allow Sponsor to use their name, photograph, image, likeness, voice, opinions, hometown, and/or state for advertising, trade, promotion, and publicity purposes in all forms of media now known or hereafter discovered or devised, worldwide in perpetuity, without further notice, review, or approval or compensation.
General Conditions: Sponsor reserves the right, in its sole and absolute discretion, to cancel, terminate, modify, extend, or suspend the Giveaway if non-authorized intervention, fraud, weather, force majeure events, or other causes beyond the control of Sponsor corrupt or affect the administration, security, fairness, or proper conduct of the Giveaway. Sponsor reserves the right to disqualify any individual it determines, in its sole and absolute discretion, is or is attempting or intending to: (a) tamper with any aspect of the operation of the Giveaway, (b) defraud Sponsor, (c) undermine the legitimate operation of the Giveaway by cheating, deception, or other unfair playing practices, (d) annoy, abuse, threaten, or harass any other participants, Sponsor, or representatives of the Sponsor, or (e) act in violation of these Official Rules. In such events, Sponsor reserves the right (in addition to disqualification of such individual) to seek damages from any such person to the fullest extent permitted by law. Sponsor's failure to enforce any provision of these Official Rules shall not constitute a waiver of that provision. No groups, clubs, newsletters, or organizations may reproduce or distribute any portion of these Official Rules to their members, and anyone who participates in the Giveaway through means not permitted by these Official Rules is subject to disqualification. Typographical, mechanical, or other errors are not the responsibility of Sponsor.
CAUTION: ANY ATTEMPT BY ANY INDIVIDUAL TO DELIBERATELY 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 INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
Agreement to Official Rules: By participating in the Giveaway, each Participant fully and unconditionally agrees to and accepts these Official Rules and the decisions of Sponsor, which are final and binding in all matters relating to the Giveaway. By participating in the Giveaway, each Participant waives any right to claim ambiguity in these Official Rules.
Release: By participating in this Giveaway, Participant agrees to release, indemnify, and hold harmless First Vibes, LLC and its subsidiaries and affiliates (collectively, the "Released Parties"), from any and all liability for any injuries, loss, harm, damage, cost, or expense of any kind to any person(s), including, without limitation, property damage, personal injury, and/or death, arising in whole or in part, directly or indirectly, from acceptance, possession, use, and/or misuse of a prize or participation in this Giveaway or any Giveaway-related activity and for any claims based on publicity rights, defamation, or invasion of privacy. The Released Parties are not responsible for cancellations or delays, or if any prize cannot be awarded, or if the Giveaway cannot be conducted as planned for any reason due to non-authorized intervention, fraud, weather, force majeure events, acts of war, natural disasters, terrorism events, or other causes beyond their control.
Limitation of Liability: Except where prohibited, Participant agrees that: (1) any and all disputes, claims, and causes of action arising out of or connected with this Giveaway, or any prize awarded, or the determination of the winners, shall be resolved individually, without resort to any form of class action; (2) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Giveaway, but in no event attorneys' fees; and (3) under no circumstances will Participant be permitted to obtain awards for, and Participant hereby waives all rights to claim punitive, incidental, consequential, and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased.
WITHOUT LIMITING THE FOREGOING, EVERYTHING REGARDING THIS GIVEAWAY, INCLUDING THE GAME AND 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 NONINFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. CHECK LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
Choice of Law: All issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules, or the rights and obligations of Participant and/or Sponsor in connection with the Giveaway, shall be governed by, and construed in accordance with, the laws of the State of California, and all proceedings regarding same shall take place exclusively either in a state or federal court located in or around Martinez, California. Participant agrees to the jurisdiction of such courts and waives any right to change of venue or any like right.
Privacy: By entering the Giveaway, each Participant agrees that their entry and any other personally identifiable information collected or used in connection with the Giveaway are subject to and may be used by Sponsor in accordance with its Privacy Policy, as posted on Sponsor's website.
Name of Winner/List of Winners: To obtain the name of the winner, send a self-addressed, stamped envelope by July 18th, 2023 to: Attn: Marketing, Custom Gold Grillz 100k Tiktok Giveaway, First Vibes, LLC, PO Box 1082, Martinez, CA 94553.
Sponsor: This Giveaway is sponsored by First Vibes, LLC, PO Box 1082, Martinez, CA 94553.
THIS PROMOTION IS IN NO WAY SPONSORED, ENDORSED, OR AFFILIATED WITH TIKTOK. YOU ARE PROVIDING YOUR INFORMATION TO SPONSOR AND NOT TO TIKTOK.