Giveaway Terms and Conditions
Terms & Conditions
THE BOUQS FREE FLOWER SWEEPSTAKES OFFICIAL RULES
1. OFFICIAL RULES. The following are the official rules (“Rules”) for The Bouqs Free Flower Sweepstakes (“Sweepstakes”). In order to enter the Sweepstakes, you must agree to these Rules. You agree that submission of an entry form and/or participation in the Sweepstakes constitutes your agreement to these Rules.
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. ALL FEDERAL, STATE AND LOCAL LAWS AND REGULATIONS APPLY. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
OPEN ONLY TO ELIGIBLE LEGAL RESIDENTS OF THE 50 UNITED STATES AND DISTRICT OF COLUMBIA WHO, AS OF THE TIME OF ENTRY, ARE AT LEAST 18 YEARS OLD.
2. SPONSOR. The Sweepstakes is sponsored by The Bouqs Company (“Sponsor”), 4094 Glencoe Ave., Marina del Rey, CA 90292.
3. ENTRY & ELIGIBILITY. The Sweepstakes will begin at 12:00am (PST) on June 3, 2021. To enter the Sweepstakes, you must submit your email address on the giveaway page (http://link.bouqs.com/join/4sk/june2021giveaway) (an “Entry”). Entries that are lost, late, incomplete, misdirected or altered for any reason, including hardware, software, browser or network failure, malfunction, congestion, or incompatibility will be ineligible. This Sweepstakes is open to individuals: (a) who are legal residents of the 50 United States, or the District of Columbia (void in Puerto Rico and all jurisdictions other than those stated above and where prohibited or restricted by law); (b) who are eighteen (18) years or older at the time of entry; (c) who are willing to comply in full with these Rules and all other terms and conditions of the Sweepstakes; and (d) are not excluded from eligibility by these Rules and/or the other terms and conditions of the sweepstakes (“Entrants”). Employees, agents, or representatives of the Sponsor or any subsidiary, affiliate, or family members of Sponsor are not eligible.
4. SUBMISSION PERIOD. The entry period for the Sweepstakes begins at 12:00am (PST) on June 3, 2021 and ends at 11:59pm (PST) on July 6, 2021 (“Submission Period”).
5. SELECTION OF WINNER/ODDS OF WINNING. The Prize (as described below) will be awarded to two (2) winners by two (2) random drawings following the end of the Submission Period. The winners will be announced and the Prize awarded on July 7, 2021. The result and decision regarding the winners selection are final and binding in all respects. The odds of winning will depend on the number of eligible Entries received during the Submission Period. The Prize is not transferable or redeemable in cash and must be accepted as awarded. Taxes related to the Prize, if any, are the sole responsibility of the winners. All costs and expenses associated with Prize acceptance and use not specifically provided herein are the responsibility of the winners.
6. DESCRIPTION OF PRIZE. There will be two (2) prizes (the “Prize”) awarded as follows: the winners will each receive one $65 + Free Shipping promo code that cannot be combined and may be applied towards the purchase of a Bouqs Product on The Bouqs’ website (www.bouqs.com) (approximate Prize value $83). Prize must be redeemed by 11:59pm (PST) on December 31, 2021. IN NO EVENT WILL MORE THAN TWO PRIZES BE AWARDED IN THE SWEEPSTAKES. The Prize will be awarded “as is” with no warranty or guarantee, either express or implied, by Sponsor.
7. NOTIFICATION OF WINNER. The Winners will be notified by email. If the winning Entry is discovered to be invalid for any reason prior to delivery of the Prize, or if the winner cannot be contacted or do not respond within seven (7) business days, an alternate winner may be selected, at the sole discretion of Sponsor. If there is no winner by the 30th day after the end of the Sweepstakes, no further winners will be chosen.
8. PERMISSIONS: Except where prohibited by law, entry into this Sweepstakes constitutes permission to use, copy, modify, publish, and/or reproduce your Entry, including but not limited to your name, handle, likeness, image, story and photos, for any purpose, including but not limited to marketing, media, editorial, commercial, advertising, promotional and/or publicity purposes, in any form of media anywhere in the world, without any compensation to you. You also agree to participate in any marketing, media, editorial, commercial, advertising, promotional and/or publicity activity related to the Sweepstakes. Failure to comply with the aforementioned conditions shall be grounds for forfeiture of the Prize.
9. PRIVACY: Any personally identifiable information collected during your participation in the Sweepstakes will be collected and used by Sponsor and its designees for the administration and fulfillment of the Sweepstakes and as otherwise described in these Rules and Sponsor’s privacy policies available at https://bouqs.com/about-us/privacy.
10. DISPUTES/CLASS ACTION WAIVER. Except where prohibited, you agree that: (a) any and all disputes, claims and causes of action arising out of, or connected with, the Sweepstakes or any prize or discount awarded shall be resolved individually, without resort to any form of class action, and exclusively by a court of applicable jurisdiction located in Los Angeles County, California; (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Sweepstakes, and in no event shall you be entitled to receive attorneys’ fees or other legal costs or expenses; and (c) you waive the right to claim any other damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages. You expressly consent to the jurisdiction of and venue in such courts and waive all defenses of lack of jurisdiction and inconvenient forum with respect to such courts. All issues and questions concerning the construction, validity, interpretation and enforceability of these Rules, your rights and obligations, or the rights and obligations of Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of State of California, without giving effect to any choice of law or conflict of law rules (whether of the State of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than State of California. By entering and participating in the Sweepstakes, you agree to be bound by these Rules and by Sponsor’s decisions, which are final and binding on all matters relating to the Sweepstakes.
11. MISCONDUCT AND DECISIONS. Entrants are required to provide accurate, valid and truthful information at all times. Sponsor will reject and delete any Entry that it discovers to be false, fraudulent, illegal or deceptive and will disqualify any entrant who tampers with the Entry process or the operation of the Sweepstakes, or is otherwise in violation of the Rules. Sponsor is not responsible for electronic transmission errors which result in the omission, interruption, deletion, defect, destruction, alteration, and/or delay of any Entry. Sponsor is not responsible for any technical, network, electronic, computer, hardware and/or software malfunction, problem, incompatibility, congestion or failure of any kind. Sponsor reserves the right to cancel, terminate or modify the Sweepstakes at any time, in its sole discretion, if the Sweepstakes is not capable of completion as planned, including without limitation, the lack of Entry submissions, incomplete Entries, computer viruses, bugs, tampering, unauthorized intervention or technical failures of any sort, without notice. Upon cancellation or termination of the Sweepstakes for any reason, Sponsor shall have no obligation to award prizes or compensation of any kind.
By submitting an Entry and participating in the Sweepstakes, you represent and warrant that (i) your Entry is original and that you are the sole and exclusive owner and rights holder of the submitted Entry, or you have obtained the necessary permission to include the Entry in the Sweepstakes, and that you have the right and authority to submit the Entry in the Sweepstakes; (ii) your Entry does not violate any third party intellectual property, privacy or other proprietary rights; and (iii) you are otherwise not in violation of any applicable laws, rules and/or regulations.
12. DISCLAIMER AND LIMITATIONS OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU HEREBY AGREE TO INDEMNIFY, RELEASE AND HOLD HARMLESS SPONSOR AND ITS AFFILIATES, AND EACH OF THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, LICENSEES, SUCCESSORS, REPRESENTATIVES AND AGENTS, AT ALL TIMES FROM AND AGAINST ANY AND ALL CLAIMS, ACTIONS, LOSSES, LIABILITIES, DAMAGES, PROCEEDINGS, COSTS (INCLUDING ATTORNEYS’ FEES) AND EXPENSES FOR ANY INJURY, DAMAGE OR LOSS CAUSED OR CLAIMED TO BE CAUSED, BASED UPON, OR ARISING FROM THE ACCEPTANCE, POSSESSION, USE OR MISUSE OF THE PRIZE OR ANY PART OF THE PRIZE, ENTERING THE SWEEPSTAKES, PARTICIPATION IN THE SWEEPSTAKES, OR PARTICIPATION IN ANY PRIZE RELATED ACTIVITY OR EVENT.
13. GENERAL. In no event shall Sponsor be liable to any winner or entrant for any indirect, incidental, consequential, special or punitive damages of any kind, whether in contract, tort, negligence, strict liability, statutory or any other theory of liability arising from or related to the Sweepstakes, or any aspect of winner’s or entrant’s participation in or termination from the Sweepstakes as provided herein, even if Sponsor has been advised of the possibility of such damages. In no event shall Sponsor be liable to a winner or entrant for any amount with respect to winner’s or entrant’s participation in or disqualification from the Sweepstakes, or from the termination or cancellation of the Sweepstakes. To the extent permitted by law, the rights to litigate, seek injunctive relief or to any other recourse to judicial or any other procedure in case of disputes or claims resulting from or related to the Sweepstakes are hereby excluded, and you expressly waive any and all such rights.
If any section, provision, term or clause shall be held or found to be unenforceable or invalid by a court decision, statute, rule or otherwise, the remaining provisions shall not be affected thereby and shall continue in full force and effect and such provision may be modified or severed from these Rules to the extent necessary to make such provision enforceable and consistent with the remainder of these Rules.
14. INQUIRIES OR QUESTIONS: Any inquiries or questions regarding this Sweepstakes, including any request for the name of the Winner, may be sent by email to [email protected] or by regular mail to Sponsor at its address set forth above. Requests for name of the Winner must be received no later than sixty (60) days after the end of the Submission Period.