Rules

“Hello Spring Giveaway” Sweepstakes

OFFICIAL RULES

NO PURCHASE NECESSARY TO ENTER OR WIN.

A PURCHASE DOES NOT IMPROVE YOUR CHANCES OF WINNING.

This “Hello Spring Giveaway” Sweepstakes (the “Sweepstakes”) is sponsored by Darling Media, Inc. (“Sponsor”).  Sponsor, its parent company, subsidiaries and affiliates, and any other companies or agencies associated with the Sweepstakes (such as advertising, promotion, fulfillment or judging partners), including, but not limited to, aCanela Expeditions, The Beachwaver Co., Called To Surf, ELE SWIMS, Gunn & Swain, Zenme App, DesignWorks Ink, LLC, SOKO INC., will hereinafter collectively be referred to as the “Sweepstakes Entities.”

The Sweepstakes may only be entered in or from the 50 United States and the District of Columbia and entries originating from any other jurisdiction are not eligible for entry. This Sweepstakes is governed exclusively by the laws of the United States. You are not authorized to participate in the Sweepstakes if you are not located within the 50 United States or the District of Columbia.

1. How to Enter: To enter the Sweepstakes, during the Sweepstakes Period (defined below), go to https://app.viralsweep.com/sweeps/full/bebc22-85990?framed=1 (the “Landing Page”), fully complete the entry form, including your first name and email address, and follow the directions to enter.  All entrants must have a valid email address.  

Limit one (1) entry per person/email address (not including “Bonus Entries,” as described below). No automated entry devices and/or programs permitted.  All entries become the sole and exclusive property of the Sponsor and receipt of entries will not be acknowledged or returned.  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 are eligible.  Proof of submission will not be deemed to be proof of receipt by Sponsor.  

Each person who submits an entry to the Sweepstakes will have the opportunity to obtain “Bonus Entries,” additional entries by performing listed social actions. For each action performed, the user will receive the allotted amount of bonus entries listed. Entrant can receive unlimited additional entries by completing bonus entry actions. 

2. Eligibility: Participation open only to legal residents of the fifty (50) United States and the District of Columbia who are at least 18 years old by the date they enter the Sweepstakes, have provided a valid email address, and have agreed to receive emails from Sponsor for the purpose of general solicitation, marketing, or other business or promotional activities in connection with the services and products provided by Sponsor or the participating companies. Entrants can opt out through their account settings or through the unsubscribe link in any Sponsor or other participating company marketing communication at any time. Void outside of the 50 United States and the District of Columbia and where prohibited, taxed or restricted by law.  Employees, officers, and directors of Sweepstakes Entities, in addition to their respective immediate families (parents, children, siblings, spouse) or members of the same household (whether related or not) of such employees, officers and directors are not eligible to enter.  You are not authorized to participate in the Sweepstakes if you are not located within the 50 United States and the District of Columbia. All federal, state and local laws and regulations apply. 

3. Start/End Dates: Sweepstakes begins at 12:00:00 AM Eastern Time (“ET”) on April 17, 2021 and ends at 11:59:59 PM ET on May 9, 2021 (the “Sweepstakes Period”). 

4. Random Drawing/Odds: One (1) potential Grand Prize winner will be selected in a random drawing from all eligible entries received on or about May 10, 2021.  Odds of winning depend on the number of eligible entries received for the drawing.  Drawing will be conducted by Sponsor. 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.

5. Grand Prize.  

One (1) Grand Prize Winner will receive:

One (1) $250 gift card to Darling Media

Two (2) Classic Adventure Dresses from aCanela Expeditions (ARV $168)

One (1) $350 gift card to Beachwaver.com

One (1) $400 gift card to Called To Surf

Three (3) surprise swimsuits from ELE SWIMS (ARV $390) 

One (1) $250 gift card to Gunn & Swain

One (1) $250 gift card to SOKO

One (1) Lifetime Membership to the Prezence App (ARV $300)

One (1) $250 gift card to DesignWorks Ink

Total ARV of the Grand Prize is: $2,608. Actual value may vary. Prize winner will not receive difference between actual and approximate retail value.  Prizes are non-transferable.  No substitutions or cash redemptions by the prize winners.  In the case of unavailability of prize, Sponsor reserves the right to substitute a prize of equal or greater value.  Unclaimed prizes will not be awarded. All taxes and unspecified expenses are the responsibility of winner. 

6. Notification. Potential Grand Prize winner (“winner”) will be notified on or about May 10, 2021 and may be required to complete and return, where legal, an Affidavit of Eligibility, Liability/Publicity Release and/or rights transfer document and a W-9, within five (5) calendar days of receipt. If potential winner cannot be contacted within five (5) calendar days of first notification attempt, if any prize or prize notification is returned as undeliverable, if potential winner rejects his/her prize or in the event of noncompliance with these Sweepstakes rules and requirements, such prize will be forfeited and an alternate winner will be selected from all remaining eligible entries (time-permitting). Only three (3) alternate potential winners will be contacted. Upon prize forfeiture, no compensation will be given.  

7. Conditions: ALL FEDERAL, STATE AND LOCAL TAXES ARE THE SOLE RESPONSIBILITY OF THE WINNER. Participation in Sweepstakes and acceptance of prize constitutes 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.  By participating, entrants and winner agree to release and hold harmless the Sweepstakes Entities from any and all liability, for loss, harm, damage, injury, cost or expense whatsoever. Entrants who do not comply with these Official Rules, or attempt to interfere with this Sweepstakes in any way shall be disqualified. There is no purchase or sales presentation required to participate. A purchase does not increase odds of winning.    

8. Additional Terms: Any other attempted form of entry is prohibited; no automatic, programmed; robotic or similar means of entry are permitted. The Sweepstakes Entities are not responsible for technical, hardware, software, telephone or other communications malfunctions, errors or failures of any kind, lost or unavailable network connections, web site, 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 this Sweepstakes or downloading any materials in this Sweepstakes.  Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify, extend or suspend this Sweepstakes should (in its sole discretion) virus, bugs, non-authorized human intervention, fraud, epidemics, pandemics, or other causes beyond its control corrupt or affect the administration, security, fairness or proper conduct of the Sweepstakes. In such case, Sponsor will select the potential winner from all eligible entries received prior to and/or after (if appropriate) the action taken by Sponsor. Sponsor reserves the right, at its sole discretion, to disqualify any individual it finds, in its sole discretion, to be tampering with the entry process or the operation of the Sweepstakes or the Landing Page.  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. 

CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE ANY WEB SITE (INCLUDING THE LANDING PAGE) OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. 

9.  Limitation of Liability; Disclaimer of Warranties:  IN NO EVENT WILL THE SWEEPSTAKES 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 ANY SITE ASSOCIATED WITH THIS SWEEPSTAKES, OR FROM DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM ANY WEBSITES ASSOCIATED WITH THE SWEEPSTAKES. WITHOUT LIMITING THE FOREGOING, THIS SWEEPSTAKES 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. 

10. 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. Except for disputes relating to the infringement of your or Sponsor’s intellectual property (such as trademarks, trade dress, copyright and patents) or where Sponsor is seeking a preliminary injunction (“Excluded Disputes”), you agree that all disputes between you and Sponsor (whether or not such dispute involves a third party) with regard to these Official Rules, including, without limitation, the Sweepstakes, will be resolved by binding, individual arbitration and you hereby expressly waive trial by jury. As an alternative, you may bring your claim in your local “small claims” court, if permitted by that small claims court’s rules. Neither you nor Sponsor will participate in a class action or class-wide arbitration for any claims covered by this agreement. This dispute resolution provision will be governed by the Federal Arbitration Act and, where consistent, Texas law. 

You agree that any action at law or in equity relating to the arbitration provision of these Official Rules or the Excluded Disputes will be filed only in the state or federal courts located in Dallas, TX and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.

THESE OFFICIAL RULES AND THE INTERPRETATION OF ITS TERMS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS 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 Dallas in the State of Texas. The parties agree not to raise the defense of forum non conveniens. 

11.  Use of Data:  Sponsor will be collecting personal data about entrants online, in accordance with its privacy policy.  This privacy policy can be found at: https://shop.darlingmagazine.org/pages/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.  

12. Name of winner/List of Winners: To obtain the name of winner, send a self-addressed, stamped envelope by May 31, 2021 to: Virginia Hawkins, Darling Media, Inc., 1347 Motor Cir, Dallas, TX 75207. 

13. Sponsor: Darling Media, Inc., 1347 Motor Cir, Dallas, TX 75207.