OluKai x Tommy Bahama Summer Better Giveaway: Terms & Conditions
2022 OLUKAI X TOMMY BAHAMA GROUP, INC. OFFICIAL RULES
It's Day #9 of our Summer Better Giveaway, and we're partnering with Tommy Bahama Group, Inc. (“Tommy Bahama”) to give away one of their deluxe backpack beach chairs! Kick back and relax this summer because we've saved you the best seat on the beach. Designed to maximize your leisure, the Wavy Marlin Deluxe Backpack Beach Chair features a cooler pouch, arm pouch, drink holder, storage pocket, and pillow. So go ahead and enjoy the view in unparalleled comfort.
HERE’S HOW TO WIN:
NO PURCHASE NECESSARY. A PURCHASE OF ANY OLUKAI OR TOMMY BAHAMA PRODUCT OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. Click the link in our Instagram bio to learn more info on the brand and chair. We’re only giving away one Tommy Bahama Wavy Marlin Deluxe Backpack Beach Chair, from the time the post goes live on OluKai’s Instagram on Tuesday 7/12/22 at 7:54 a.m. PST until the Giveaway ends on Wednesday 7/13/22 at 12:00 a.m. PST. You must be following @olukai and @tbahama on Instagram, like the post, tag 1 friend and comment in response to the entry guidelines in order to win. Unlimited entries. Winners are selected at random by @olukai’s official account. The winner will receive a DM from the official @olukai account.
The 2022 OluKai x Tommy Bahama Summer Better Giveaway is sponsored by OluKai and open only to legal residents of the United States (including the District of Columbia), who comply with the entry requirements in Section 3 below and who are at least eighteen (18) years old at the time of entry. Do not enter the OluKai x Tommy Bahama Giveaway if you are not located in the United States at the time of entry or do not meet the age requirement. Employees of OluKai, its parent and affiliate companies, as well as the immediate family (spouse, domestic partners, parents, siblings and children) and household members of each such entity are not eligible. The OluKai x Tommy Bahama Giveaway is subject to all applicable federal, state and local laws and regulations and is void in Rhode Island and where prohibited. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and any other applicable rules or regulations, which are final and binding in all matters related to the Giveaway. Winning any prize is contingent upon fulfilling all requirements set forth herein.
SPONSOR: OluKai, LLC, 10 Faraday, Irvine, CA 92618 (“Sponsor” or “OluKai”).
HOW TO ENTER/LIMITATIONS: To be eligible for the OluKai x Tommy Bahama
Giveaway, you must be following both @olukai and @tbahama on Instagram. If you are not, you can follow them by visiting their Instagram profiles here and clicking the follow button: https://www.instagram.com/olukai/ & https://www.instagram.com/tbahama/. Once you have followed both IG accounts and have completed the necessary tasks to win, you will
automatically be entered to win the Giveaway. The Giveaway will run during the Promotion Period as defined in Section 4 below.
Any attempt by any entrant to obtain more than the stated number of entries or prizes by using multiple/different cell phone numbers, devices, identities, registrations and/or logins, or any other methods, will void the entrant’s entries and result in automatic disqualification from the OluKai x Tommy Bahama Giveaway. Use of any automated system to participate is prohibited and will result in disqualification. Sponsor is not responsible for lost, late, incomplete, invalid, unintelligible or misdirected registrations, which will be disqualified. Winner(s) may be required to show proof of being the authorized account holder.
4. PROMOTION PERIOD:
The OluKai x Tommy Bahama Summer Better Giveaway begins via OluKai’s Instagram channel @olukai on Tuesday, July 12th, 2022 at 7:54 a.m. Pacific Standard Time (“PST”). The promotion ends on Wednesday, July 13th, 2022 at 12:00 a.m. (collectively, the “Promotion Period”).
5. WINNER DETERMINATION; PRIZE AND VERIFICATION:
By completing the OluKai x Tommy Bahama steps to win, you are opting in to follow both @olukai and @tbahama accounts on Instagram. Being selected to win and receiving any prize in the OluKai x Tommy Bahama Giveaway is contingent upon compliance with these Official Rules and any rules or regulations associated OluKai. One winner will be selected from the pool of Eligible Entrants on Wednesday, July 13th, 2022. On this day, OluKai will randomly select the winner and the winner will be notified by DM on Instagram by the official @olukai account. The winner will receive one (1) Tommy Bahama Swimming Marlins Deluxe Backpack Beach Chair. No Eligible Entrant may win more than once during the Promotion Period. OluKai reserves the right to verify all Eligible Entrant information prior to awarding any prize. Eligible Entrants who opt out from following @olukai or @tbahama on Instagram will not be included in any drawing. Each winner will then have twenty-four (24) hours from initial contact to respond, or the prize will be forfeited and another winner will be selected.
Tommy Bahama reserves the right to substitute any prize for one of equal or greater value if the designated prize should become unavailable for any reason. Winner is responsible for all taxes and fees associated with prize receipt and/or use. Odds of winning any Tommy Bahama prize depend on the number of Eligible Entrants.
By receipt of any prize, winner agrees to release and hold harmless OluKai and Tommy Bahama, its parent and affiliates and each such entity’s members, managers, officers, directors, employees and agents (collectively, the “Released Parties”) from and against any claim, costs (including reasonable attorney fees) or cause of action, including, but not limited to, personal
injury, death or damage to or loss of property, arising out of participation in the OluKai x Tommy Bahama Giveaway or receipt or use or misuse of any prize.
7. LIMITATION OF LIABILITY:
The Released Parties are not responsible for: (i) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the OluKai x Tommy Bahama; (ii) technical failures of any kind, including, but not limited to malfunctions, interruptions or disconnections in email networks, hardware or software; (iii) unauthorized human intervention in any part of the entry process or the OluKai x Tommy Bahama Giveaway; (iv) technical or human error which may occur in the administration of the OluKai x Tommy Bahama Giveaway or the processing of entries; or (v) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the OluKai x Tommy Bahama Giveaway or receipt or use or misuse of any prize. If for any reason an entrant’s entry is confirmed to have been erroneously deleted, lost or otherwise destroyed or corrupted, entrant’s sole remedy is another entry in the OluKai x Tommy Bahama Giveaway, if possible. No more than the stated number of prizes will be awarded.
Except where prohibited, participation in the OluKai x Tommy Bahama Giveaway constitutes the winners’ consent to Sponsor’s and its agents’ use of the winners’ name, likeness, photograph, voice, opinions and/or hometown and state for promotional purposes in any media, worldwide, without further payment or consideration.
9. GOVERNING LAW/DISPUTES:
The OluKai x Tommy Bahama Giveaway is governed by the laws of the United States and the State of California, without respect to any choice of law or conflict of law principles that would result in the application of any law other than that of California. As a condition of participating in this OluKai x Tommy Bahama Giveaway, entrants agree any and all disputes which cannot be resolved between the parties and causes of action arising out of or in connection with the OluKai x Tommy Bahama Giveaway, shall be resolved individually through binding arbitration, without resort to any form of class action, in accordance with the arbitration provision set forth in Section 10 below.
10. BINDING ARBITRATION:
By participating in the OluKai x Tommy Bahama Giveaway, each entrant agrees that any and all disputes the entrant may have with, or claims entrant may have against, the Released Parties relating to, arising out of or connected in any way with (i) the OluKai x Tommy Bahama Giveaway; (ii) the awarding or redemption of any prize; and/or (iii) the determination of the scope or applicability of this agreement to arbitrate, will be resolved individually and exclusively
by final and binding arbitration administered by the National Arbitration Forum (the “Forum”) and conducted before a sole arbitrator pursuant to the Code of Procedure established by the Forum. The arbitration shall be held at a location determined by the Forum pursuant to the Code of Procedure, or at such other location as may be mutually agreed upon by the participant and Sponsor. The arbitrator's decision shall be controlled by the terms and conditions of these Official Rules and any of the other agreements referenced herein that the applicable participant may have entered into in connection with the OluKai x Tommy Bahama Giveaway. There shall be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only the participant's and/or Sponsor's individual claims and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated. The arbitrator shall not have the power to award special or punitive damages against the participant or Released Parties. For more information on the Forum and/or the Forum's Code of Procedure, please visit their website at www.arb-forum.com. If any part of this Arbitration Provision is deemed to be invalid or otherwise unenforceable or illegal, the balance of this Arbitration Provision shall remain in effect and shall be construed in accordance with its terms as if the invalid or illegal provision were not contained herein.
11. GENERAL CONDITIONS:
Sponsor reserves the right to cancel, suspend and/or modify the OluKai x Tommy Bahama Giveaway, or any part of it, if any fraud, technical failures, human error or any other factor impairs the integrity or proper functioning of the OluKai x Tommy Bahama Giveaway, as determined by Sponsor in its sole discretion. In such event, Sponsor, in its sole discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any or all of the prizes offered herein. Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the OluKai x Tommy Bahama Giveaway or to be acting in violation of the Official Rules of this or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the OluKai x Tommy Bahama Giveaway may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of such provision.