NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING.
Sponsored by TwistedBands (herein “Sponsor”)
OPEN ONLY TO INDIVIDUALS WHO ARE LEGAL RESIDENTS OF AND CURRENTLY RESIDING WITHIN THE UNITED STATES AND THE DISTRICT OF COLUMBIA (“D.C.”), EXCLUDING RHODE ISLAND, PUERTO RICO, AND U.S. TERRITORIES AND POSSESSIONS WHO ARE TWENTY-ONE (21) YEARS OF AGE OR OLDER AS OF THE TIME OF ENTRY. VOID IN RHODE ISLAND, PUERTO RICO, AND THE U.S. TERRITORIES AND POSSESSIONS AND WHEREVER PROHIBITED BY LAW. THIS SWEEPSTAKES IS GOVERNED BY UNITED STATES LAW. DO NOT ENTER IF YOU ARE NOT LOCATED IN THE UNITED STATES OR D.C., EXCLUDING RHODE ISLAND, PUERTO RICO, AND THE U.S. TERRITORIES AND POSSESSIONS AT TIME OF ENTRY.
1. Sweepstakes Period: The TwistedBands Honeymoon Giveaway (“Sweepstakes”) begins on July 1, 2021, at 12:00:00 a.m. Mountain Time (“MT”) and ends on August 31, 2021, at 11:59:59 p.m. MT (“Sweepstakes Period”). Sponsor is the official timekeeper for the Sweepstakes.
2. Eligibility: The Sweepstakes is open only to legal residents of the United States and D.C., excluding Rhode Island, Puerto Rico, and U.S. Territories and Possessions who are twenty-one (21) years of age or older as of the time of entry. Employees, officers and directors of Sponsor, its parent company, affiliates, subsidiaries, distributors, suppliers and advertising and promotion agencies associated with the Sweepstakes, and members of the immediate families (defined as including spouse, biological, adoptive and step-parents, grandparents, siblings, children and grandchildren, and each of their respective spouses, regardless of where they reside) or households (whether related or not) of any of the above are NOT eligible to participate in the Sweepstakes. Non-eligibility or non-compliance with any of these Official Rules may result in disqualification. Sweepstakes is void in Rhode Island, Puerto Rico, the U.S. Territories and Possessions and wherever prohibited by law. The Sweepstakes is subject to United States law.
3. How To Enter: To enter, make a purchase on https://twistedbands.com/ (“Website”) during the Sweepstakes Period and automatically receive one (1) entry for every $5.00 you spend (rounded down to the nearest dollar), excluding tax and delivery (each a “Qualified Purchase”), up to the entry limit indicated below. Example: if you purchase a Solid Black Tungsten Ring for $62.98, you will receive twelve (12) entries. All Qualified Purchases must occur during the Sweepstakes Period to receive automatic entry.
To enter without purchase, handprint your name, address, city, state, ZIP code, e-mail address, and daytime phone number (including area code) on a 3" x 5" card, and mail in a business-size (#10) envelope with proper postage affixed to: TwistedBands Sweepstakes, P.O. Box 6000, Morton Grove, IL 60053. For each mail-in entry received, entrant will receive twenty-five (25) entries. All mail-in entries must be postmarked by August 31, 2021, and received by September 10, 2021, to be eligible. Each entry must be mailed separately. No typed, computer printed, mechanically reproduced, photocopied, illegible, or incomplete entries will be accepted, and all such entries will be void.
Limit: 200 entries per person regardless of method of entry.
No robotic, programmed, script, macro, or other automated entries (collectively “Automated Entries”). Automated Entries or entries that have been tampered with will result in disqualification of all such entries. Released Parties (as defined in Rule 7 below) are not responsible for lost, late, stolen, misdirected, damaged, illegible, incomplete, or postage-due entries or mail. Incomplete or illegible entries will not be acknowledged and will not be included in the Sweepstakes drawing. All entries submitted become the property of Sponsor and will not be returned. Submission of an entry is subject to, and all entrants must comply with, all policies, terms and conditions set forth in these Official Rules. Proof of submission does not constitute proof of receipt. Only the person associated with the Qualified Purchase or the person identified in a mail-in entry may be entitled to a prize. In the event of a dispute as to who received entry resulting from a Qualified Purchase, the name of the “authorized account holder” associated with the email account provided at time of Qualified Purchase will be deemed to be the entrant as long as such person is eligible and in compliance with these Official Rules. The authorized account holder of the email address is defined as the natural person who is assigned to the email address by an Internet access provider, online service provider, or other organization that is responsible for assigning email addresses or the domain associated with the submitted email address. Qualified Purchase(s) must be made by 11:59:59 p.m. MT on August 31, 2021, to count toward entry into the Sweepstakes drawing. Any entry that does not comply with these requirements, in the sole opinion of the Sponsor, may be disqualified.
4. Drawing/Odds of Winning: To be eligible for the Sweepstakes drawing, an eligible entry must be received (or, with respect to mail-in entries, postmarked) during the Sweepstakes Period. The Sweepstakes drawing will be conducted on or about September 17, 2021 (the “Drawing Date”) by an independent judging agency whose decisions shall be final in all matters relating to the Sweepstakes. One (1) potential winner will be selected at random from among all eligible entries. Odds of winning the Sweepstakes prize will depend on the total number of eligible entries received by both entry methods combined.
5. Prize and Approximate Retail Value (“ARV”): One (1) Prize: Winner will receive a 5-day/4-night trip for two (winner and guest) to La Jolla, California (“Prize”). Prize includes round trip economy air transportation to San Diego, CA from a major commercial airport near winner’s residence selected by Sponsor in its sole discretion, one standard hotel room for four (4) nights, and $500 cash (awarded in the form of a check) intended to be used for incidentals. Approximate retail value (“ARV”): $2,000. Any difference between the estimated value and the actual value of the prize will not be awarded. If in the judgment of Sponsor air travel is not required due to winner’s proximity to La Jolla, CA (within approximately 4 hours by car), ground transportation may be substituted for round trip air travel at Sponsor’s sole and absolute discretion. The difference in value will not be awarded to the winner. Winner must complete travel within one (1) year from the date the Prize is awarded or prize will be forfeited in its entirety and Sponsor will have no further obligation to the winner. Actual travel dates to be determined by Sponsor and are subject to availability. Blackout dates may apply. Winner and their guest must travel on same itinerary and possess all required travel documents. All travel arrangements must be made through Sponsor. Winner and winner’s guest are responsible for transport to/from their respective residences and their departure airport. No extension or change of trip dates is permitted. It is the responsibility of the winner and winner’s guest to provide proper documentation (including government issued picture identification). Airline tickets are non-refundable/non-transferable and are not valid for upgrades and/or frequent flyer miles. All airline tickets are subject to flight variation, work stoppages, and schedule or route changes. Winner and winner’s guest are responsible for meals, gratuities, and all other expenses not specified herein. Winner’s guest must be at least twenty-one (21) years of age. Released Parties (defined below) shall not be responsible for any cancellations, delays, diversions or substitution or any act or omissions whatsoever by the air carriers, hotels, venue operators, transportation companies, or any other persons providing any Prize-related services or accommodations. Sponsor is not liable for any missed prize events, activities, opportunities, or expenses incurred resulting from flight cancellation/delay or ground transportation delay. No refund or compensation will be made in the event of the cancellation or delay of any transportation, event, activity, or other Prize element except at the sole and absolute discretion of Sponsor. Additional Prize award details and travel information to be provided to the winner at the time of Prize notification. Winner and winner’s guest are also responsible for obtaining travel insurance (and all other forms of insurance) at their option and hereby acknowledge that Sponsor has not and will not obtain or provide travel insurance or any other form of insurance. Winner may be required to provide a credit card at the time of lodging check-in. Once a guest is selected by winner, such guest may not be substituted, except in Sponsor’s sole and absolute discretion. Travel is subject to the terms and conditions set forth in these Official Rules, and those set forth by Sponsor’s transportation carrier(s) of choice. Lost, stolen or damaged airline tickets or travel vouchers will not be replaced or exchanged. Transportation carrier and lodging regulations and conditions apply. Unclaimed or forfeited Prize, or any portion thereof, will not be awarded. All tax resulting from acceptance of the Prize is the sole responsibility of the winner. No substitution, transfer, or cash redemption of Prize is permitted, except as expressly set forth herein by Sponsor, who reserves the right to substitute a prize (or portion thereof) of comparable or greater value (at its sole discretion) for any reason. Any expenses not specifically stated herein, including but not limited to state and local government surcharges, taxes (including federal, state, and local income taxes), other costs, and other expenses relating to the Prize and the use or acceptance of the Prize are the sole responsibility of the winner. All Prize details not specified herein shall be determined by Sponsor in its sole discretion. By participating and accepting the Prize, winner and winner’s guest accept any risk in travel, including personal injury and/or death, acknowledge that their participation in Prize events is voluntary, acknowledge that there are natural factors and occurrences which may impact on or affect the safety of the activities they are participating in and they assume the risk of such factors and occurrences and agree that the Released Parties (defined below) will not be in any way responsible for any resulting injury and/or death. Winner and winner’s guest agree to comply with all applicable venue regulations. Sponsor and the venue representatives reserve the right to remove or to deny entry to winner (and their guest) who, in Sponsor or venue representatives’ sole judgment, engages in a non-sportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person or engages in any other objectionable behavior. Prize is awarded “as is” with no warranty or guarantee, either express or implied by Sponsor. In no event, shall Sponsor’s prize liability exceed the stated ARV of the prize. In no event shall the Sponsor be responsible for any travel restrictions or other restrictions (including without limitation as may be related to the COVID-19 pandemic) that prevent, hinder, or otherwise negatively affect the winner’s ability to claim the Prize.
6. Winner Notification/Prize Award/Publicity Consent: No entrant is deemed a winner until their eligibility has been verified and it is determined that they have complied with all terms of these Official Rules. As soon as reasonably practicable following the Drawing Date, potential winner will be notified by Sponsor or Sponsor’s agent via email, and will be required to complete an Affidavit of Eligibility and Release of Liability and Publicity (where permitted) (“Affidavit”). Affidavit must be completed and returned by the potential winner within seven (7) days from date the Affidavit is issued. Winner’s guest must also complete and return a Liability/Publicity Release during this same time-period. Failure by a potential winner to return the Affidavit within the time-period stated above will result in disqualification and the Prize will be awarded to an alternate winner. Failure of a potential winner to comply with the above Prize claim requirements for any reason, or the return of any Prize notification as undeliverable, or the determination that a potential winner is ineligible to receive the Prize, will result in forfeiture of the Prize and may result in an alternate winner being selected in accordance with these Official Rules. No messages will be left on answering machines or voice mail systems. All entries become property of Sponsor and will not be returned. By accepting the Prize, winner grants Sponsor and Sponsor’s agents, the right to use their name and likeness in advertising, publicity and promotion without further compensation or permission, except wherever prohibited by law. Sponsor is not responsible for technical difficulties with telecommunications systems beyond its control or for change to a potential winner’s mailing address, email address, and/or phone number. If Prize-related communication is returned as undeliverable, Prize will be forfeited.
7. General: By participating, entrants agree to abide and be bound by these Official Rules and the decisions of the Sponsor, which are final and binding in all matters. To the maximum extent permitted in pursuant to applicable law, entrants further agree to release, discharge and hold harmless Sponsor, its parent company, affiliates, subsidiaries, distributors, suppliers and advertising, judging, and promotion agencies associated with the Sweepstakes, and all other service agencies involved with the design, execution or fulfillment of this Sweepstakes, and the respective directors, officers, agents and employees of each of the foregoing (collectively, the “Released Parties”) from and against any liability, claims, losses and damages of any kind, including death, to persons or property, arising out of, or relating to, their participation in this Sweepstakes and the acceptance, use, misuse or possession of, or inability to claim or receive, the Prize (if applicable), including as set out in Rule 9, below. Entrants who Sponsor determines to have not complied with these Official Rules are subject to disqualification. Sponsor reserves the right, at its sole discretion, to disqualify any entrant from this Sweepstakes or any other promotion conducted now or in the future by Sponsor or any of its affiliates if Sponsor suspects or finds entrant to be: (a) violating the Official Rules; (b) tampering or attempting to tamper with the entry process, the operation of the Sweepstakes and/or the Website; (c) acting in a disruptive manner, or with the intent to annoy, abuse, threaten or harass any other person; or (d) attempting to undermine the legitimate operation of the Sweepstakes by cheating, hacking, deception, or other unfair playing practices or intending to annoy, abuse, threaten or harass any other entrants, Sponsor or Sponsor’s representatives. ANY ATTEMPT BY AN INDIVIDUAL TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THIS SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR MAY DISQUALIFY ANY SUCH INDIVIDUAL AND RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES (INCLUDING LAWYERS’ FEES) FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW, AND TO BAN OR DISQUALIFY AN ENTRANT FROM THIS AND FUTURE PROMOTIONS. All materials submitted become the property of Sponsor and will not be returned. By entering, entrants agree that: (a) all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, participants’ rights and obligations, and the rights and obligations of the Sponsor in connection with the Sweepstakes, will be governed by, and construed in accordance with, the laws of the United States.
8. Binding Arbitration: Subject to applicable laws, any controversy or claim arising out of or relating to the Sweepstakes shall be settled by binding arbitration in a location determined by the arbitrator as set forth herein (provided that such location is reasonably convenient for claimant), or at such other location as may be mutually agreed upon by the parties, in accordance with the procedural rules for commercial disputes set forth in the Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules and Procedures”) then prevailing, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. The arbitrator shall apply Utah law consistent with the Federal Arbitration Act and applicable statutes of limitations and shall honor claims of privilege recognized at law. In the event that the claimant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of the claimant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. If any part of this arbitration provision is deemed to be invalid, unenforceable, or illegal (other than that those claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal, or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable, or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither claimant nor Sponsor shall be entitled to arbitrate their dispute. Upon filing a demand for arbitration, all parties to such arbitration shall have the right of discovery, which discovery shall be completed within sixty (60) days after the demand for arbitration is made, unless further extended by mutual agreement of the parties.
SUBJECT TO APPLICABLE LAWS, THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN THE ENTRANT’S INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. DO NOT ENTER THIS SWEEPSTAKES IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE OFFICIAL RULES. BY PARTICIPATING IN THE SWEEPSTAKES, EACH ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SWEEPSTAKES, OR THE PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY THROUGH BINDING ARBITRATION AS SET FORTH ABOVE, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY), BUT IN NO EVENT WILL ATTORNEYS' FEES BE AWARDED OR RECOVERABLE; (3) TO THE EXTENT ALLOWED BY APPLICABLE LAW, ENTRANT WILL NOT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES, AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) ENTRANT'S REMEDIES ARE LIMITED TO A CLAIM FOR MONETARY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW MANDATORY ARBITRATION, WAIVER OF CLASS ACTIONS, THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO RELEVANT PORTIONS OF THE ABOVE MAY NOT APPLY TO EVERY ENTRANT.
By entering, entrants agree that: (a) all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, entrants’ rights and obligations, and the rights and obligations of the Sponsor in connection with the Sweepstakes, will be governed by, and construed in accordance with, the laws of the State of Utah, without giving effect to any choice of law or conflict of law rules (whether of Utah or any other jurisdiction), that would cause the application of the laws of any jurisdiction other than Utah; and (b) any matters or proceedings which are not subject to arbitration as set forth above in this Section 8 of these Official Rules, and/or are related to entering any judgment on an arbitration award, shall take place in the State of Utah in Iron County.
9. Limitation of Liability: To the maximum extent permitted in pursuant to applicable law, the Released Parties do not assume any responsibility for, and the entrant hereby releases and agrees to hold the Released Parties harmless from and against, any and all claims, actions, damages, demands and liabilities of whatever nature or kind arising out of, or in connection with, the entrant’s participation or attempted participation in the Sweepstakes, including, without limitation, the administration of the Sweepstakes, the selection and confirmation of the winner, and the arranging for, awarding of and use of the Prize or portion thereof, and any inability, restriction or other limitation that prevents the winner from claiming or receiving the Prize (including without limitation any regulation, rule, order or other edict from a public authority related to COVID-19). Without limiting the generality of the foregoing, the Released Parties are not responsible for (a) the incorrect or inaccurate capture of entry information for any reason; (b) late, lost, stolen, damaged, misdirected, garbled or incomplete entries, transmissions or transactions, entries that are altered or otherwise irregular, have been submitted through illicit means or do not conform with or satisfy any or all of the conditions of these Official Rules; (c) any loss, damage, or claims caused by, or in any way related to, the awarded Prize or the Sweepstakes itself; (d) failure of the Website or any website associated with this Sweepstakes, or any operations or transmission of information during the Sweepstakes Period, including, without limitation, any problems, human, production or technical errors, lost, delayed, garbled or corrupted data or transmissions, omissions, interruptions, deletions, defects or failures of any telephone or transmission lines, technical malfunctions of any computer on-line systems, servers, access providers, computer equipment, software, failure of any e-mail or entry to be received on account of technical problems or traffic congestion on the Internet or at any website, or any combination thereof including, without limitation, any injury or damage to an entrant’s or any other person's computer related to or resulting from participating in or downloading any material connected to the Sweepstakes, all of which may affect a person’s ability to participate in the Sweepstakes; (e) any typographical or other error or omission in any printing or advertising relating to the Sweepstakes, in the administration or execution of the Sweepstakes, or in the announcement or notification of the winner; (f) the security or privacy of information transmitted via computer networks or for breaches of privacy due to interference by third party computer "hackers" or otherwise; (g) any claims regarding the accepting, arranging for, awarding of, inability to travel to receive or claim, or use of the Prize or any portion thereof; (h) electronic communications which are undeliverable as a result of any form of active or passive filtering of any kind; or (i) cheating or fraud by any participant. Entry material/data that has been tampered with or altered is void. Sponsor reserves the right, at its sole discretion, to amend these Official Rules for clarification purposes, at any time, in any way, and without prior notice, without materially affecting the terms and conditions of the Sweepstakes. Without limiting the foregoing, if for any reason the Sweepstakes is not capable of running as originally planned, including should any virus, worm, bug, technical failures, unauthorized human intervention, or other causes corrupt or affect the administration, security, fairness or proper conduct of the Sweepstakes, Sponsor reserves the right to modify, terminate or suspend this Sweepstakes. In the event of termination, Sponsor may randomly select the winner from among all eligible, non-suspect entries received up to date/time of such termination, or up to the date/time of the situation warranting such termination.
10. Winner’s Name: The Sponsor expects to announce the name of the winner on or around September 24, 2021. For the winner’s name (available after winner has been verified), send a self-addressed, stamped, business size (#10) envelope by November 24, 2021, to: TwistedBands Winner, 5550 Touhy Ave, Suite 403, Skokie, IL 60077.
12. Rules Govern: In the event of any discrepancy or inconsistency between the Official Rules and disclosures or other statements contained in any Sweepstakes-related materials or made by any representative of Sponsor, these Official Rules shall prevail, govern, and control.
13. Severability: The invalidity or unenforceability of any provision of these Official 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 Official 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.
14. Sponsor: TwistedBands, 118 S Cedar Hills Circle, Cedar City, UT 84720