“BEXTRAVAGANZA COMMANDER” Sweepstakes
Sponsored by BEX Sunglasses LLC
OFFICIAL SWEEPSTAKES RULES
NO PURCHASE NECESSARY. VOID WHERE PROHIBITED.
“BEXTRAVAGANZA COMMANDER” Sweepstakes (the “Sweepstakes”) is sponsored by BEX Sunglasses LLC (the “Sponsor”) and administered by Marden-Kane Inc. (the “Administrator”). For the purposes of the Sweepstakes, the “Sweepstakes Group” is composed of the Sponsor and the Administrator, together with their affiliates and related companies, including without limitation their parent, sister and subsidiary companies, retailers, franchisees, advertising and promotion agencies, suppliers of material and services related to the Sweepstakes, and any other corporation, partnership, sole proprietorship or other legal entity directly involved in the Sweepstakes and their respective officers, directors, employees, agents, and other representatives.
- SWEEPSTAKES PERIODThe Sweepstakes starts onDecember 1, 2018at 9:01:00 a.m. Eastern Time (“ET”) and ends onMarch 31, 2019 at 11:59:59 p.m. ET (the “Sweepstakes Period”).
- ELIGIBILITYAll participants must (a) be at least 18 years of age or older* at the time of entry; (b) possess a valid form of identification; and, (c) be a legal resident of one of the 48 United States or the District of Columbia, (excludingresidents of Hawaii, Alaska, Puerto Rico, overseas military installations and other U.S. territories). Persons identified as “Blocked Persons” or persons subject to applicable sanctions prohibitions, including, without limitation, those persons listed on the U.S. Department of Treasury Office of Foreign Assets Control’s Specially Designated Nationals and Blocked Persons List are not eligible to participate in the Sweepstakes. All applicable federal, national, state, and local laws and regulations apply. Void where prohibited, restricted or where Sweepstakes Group would be subject to a tax by law. Excluded from eligibility are officers, directors, employees, agents and representatives of Sweepstakes Group, each of its respective parent, affiliated or related companies, agencies, suppliers of the materials and services related to this Sweepstakes, and members of any immediate families (defined as parents, siblings, children and spouses, regardless of where they live) or households (whether or not related) of such officers, directors, employees, agents and sales representatives (collectively above, the “Eligibility Criteria”).
*Prize will be awarded to a parent or guardian (proof required) if an Entrant is younger than the age of majority in their jurisdiction of residence at time of entry. Parent will be required to agree to be bound by these official rules and all federal, national, state and local laws. If parent/guardian declines to accept the prize and follow the requirements as set forth in these Official Rules, Entrant will forfeit the prize.
- HOW TO ENTERInternet access required at your cost. An individual meeting the Eligibility Criteria may enter the Sweepstakes during the Sweepstakes Period by one of the following methods of entry:
- During the Sweepstakes Period:
- Purchase any item from the Sponsor’s website at bexsunglasses.comand receive one (1) Sweepstakes entry for each $5.00 spent (excludes sales tax and shipping fees). If purchase is returned prior to Sweepstakes drawing, eligible entries will be voided. No limit on number of entries received with a purchase on www.bexsunglasses.com
- At participating Bex Authorized Retailers, any product purchased with an authorized Sweepstakes Entry Tag, submitted by an eligible entrant (see section 2 above), will earn one (1) entry into the Sweepstakes. Entry Tag must be complete, include a copy of receipt from authorized retailer, inserted into a # 10 envelope and mailed to BEX SUNGLASSES LLC, P.O. Box 488, Syosset, New York, 11791-0488. One (1) Entry Tag per purchase from a Bex Authorized Retailer.One (1) Entry Tag per envelope. Incomplete Entry Tags that do not follow the requirements as outlined above will be disqualified. Envelopes must be postmarked by March 31, 2019 and received by April 5, 2019 to qualify
- Mail-in entry:In a number #10 envelope insert one (1) card with the following information: hand printed name, address, city, state, zip code, email address, telephone number and date of birth. Send to (the following information must be hand-written): Bextravaganza Commander Sweepstakes, BEX SUNGLASSES LLC, O. Box 488, Syosset, NY 11791-0488. For each envelope received earn one (1) Sweepstakes entry. Incomplete and mail-in entries that do not follow the requirements as outlined above will be disqualified. Envelopes must be mailed individually. Mail-in entries must be postmarked by March 31, 2019 and received by April 5, 2019 to qualify.
BEX DEAL OF THE DAY: Throughout the Promotion Period the Sponsor will be announcing “BEX DEAL OF THE DAY”. Select products will be featured at 50% off retail value…plus earn the full retail value of entries (for example, on a BEX DEAL OF THE DAY, purchase a featured item t-shirt, regularly sold for $20.00 for $10.00, earn 4 entries into the Sweepstakes). On an advertised BEX DEAL OF THE DAY, mail-in entries with the words “BEX DEAL OF THE DAY” hand written in the bottom left hand side of the outer envelope and postmarked on the specified BEX DEAL OF THE DAY will earn two (2) Sweepstakes entries.
BEX DOUBLE ENTRIES: Throughout the Promotion Period the Sponsor will be announcing “BEXDOUBLE ENTRIES”. For every $5.00 spent, earn 2 entries into the Sweepstakes. On an advertised BEX DOUBLE ENTRY, mail-in entries with the words “BEX DOUBLE ENTRY” hand written in the bottom left hand side of the outer envelope and postmarked on the specified BEX DOULBE ENTRIES will earn two (2) Sweepstakes entries.
- DRAWINGOn or about APRIL 8,2019(the “Draw Date”) a random draw will be conducted by Sweepstakes Group or its designee, from all eligible Entries that are timely received in accordance with Section 3 to select two (2) Grand Prize Winners. See Prize Claim Conditions in Rule 5 below. Odds of being selected as eligible to win a Grand Prize in this Sweepstakes will depend on the total number of eligible Entries timely received in accordance with Section 3.
- PRIZE CLAIM CONDITIONSEntrants selected as potential winners (“Potential Winners”) are subject to verification of eligibility and compliance with these Official Sweepstakes Rules. Each Potential Winner will be notified by Sweepstakes Group within approximately forty-eight (48) hours of the Draw Date at the email account provided during the registration process (online or via mail-in entry).
Potential Grand Prize Winner: in order to be declared a Winner must:
- complete and return to Sweepstakes Group (or its authorized agent) by the deadline specified in the documents a written affidavit of eligibility (or declaration and release) and publicity release form (collectively, the “Release”), releasing the Sweepstakes Group from any liability in connection with this Sweepstakes or the acceptance, possession, use or misuse of any Prize;
- complete all tax documentation required by the law of the jurisdiction in which the Potential Winner resides (“Tax Documentation”); and
The Sweepstakes Group will attempt to notify each Potential Winner a maximum of two times. If a Potential Winner does not respond within three (3) calendar days of first attempt by Sweepstakes Group or its agent, Sweepstakes Group will make a second and final attempt to notify the Potential Winner. Return of any Prize or winner notification as undeliverable, inability to reach a Potential Winner or failure of a Potential Winner to respond to notification within three (3) calendar days of second attempt by Sweepstakes Group or its agent, failure to provide proof of eligibility (if requested), Release documents, Tax Documentation or other required documentation in a timely manner, or other non-compliance with these Official Sweepstakes Rules may result in disqualification, forfeiture of the Prize and, at Sweepstakes Group’s sole discretion, selection of an alternate eligible entrant for the forfeited Prize at random from all remaining eligible Entries received, who will be subject to disqualification in the same manner.
- PRIZE Two (2) Grand Prizes will be awarded. Each Winner will receiveone (1)2019 Can-Am Commanders. Estimated Retail Value: $12,000usd each. Grand Prize Total Average Retail Value: $12,000usd.
Total Average Retail Value of all prizes: $24,000usd.
Note; A mutually agreed upon date and process to redeem the prize will be determined between Sponsor and Winner within a reasonable time-frame. Failure to take delivery within 30 days of availability could cause prize to be forfeited and awarded to an alternate. No substitution or transfer of prize permitted except at the sole discretion of the Sponsor. Prize Winner is responsible for the payment of taxes (federal, state and local) on the prize and for any other costs and expenses associated with the acceptance and use of the prize. Sponsor reserves the right to substitute prize of equal or greater value at any time during the duration of the Sweepstakes.
To the extent permitted by law, Sweepstakes Group makes no representations or warranties with respect to Prize. Winner will be responsible for all taxes (federal, state, and local of all applicable jurisdictions) and all expenses not listed herein related to acceptance and use of Prize. Winner will receive an IRS form 1099 after the end of the calendar year in which the prizes was awarded, and copy of such form will be filed with the Internal Revenue Service (IRS), or such other tax form as may be required by the laws of the jurisdiction in which the winner resides.
Grand Prize Additional Terms and Conditions:
The Grand Prize winner assumes all responsibility for any injury or damage caused, or claimed to be caused, by participation in this Sweepstakes or use or redemption of the prize.
By accepting the Grand Prize the Winner shall release the Sweepstakes Groupfrom all liability and responsibility for use of the prize.
- PERSONAL INFORMATIONSponsor and its authorized agents will collect, use, and disclose the personal information you provide when you enter the Sweepstakes for the purposes of administering the Sweepstakes and prize fulfillment. By entering this Sweepstakes, entrants consent to such collection, use, and disclosure of your personal information.
By accepting a Prize, each winner agrees to Sweepstakes Group’s use of his/her name, city/state/province of residence, picture, biographical information, statements, voice and likeness in any advertising and publicity Sweepstakes Group may conduct relating to the Sweepstakes in any media or format, whether now known or hereafter developed, including but not limited to the World Wide Web, at any time or times in perpetuity, without further compensation or notice, except where prohibited by law. Aggregate and anonymized Sweepstakes winner information may be used by the Sweepstakes Group to communicate about the Sweepstakes to its retailers and distributors.
- RIGHT TO VOID / TERMINATE / SUSPEND / MODIFYSweepstakes Group reserves the right to suspend or modify this Sweepstakes, or these Official Sweepstakes Rules, in whole or in part, at any time and without notice or obligation if, in Sweepstakes Group’s sole opinion, any factor interferes with its proper conduct as contemplated by these Official Sweepstakes Rules. Without limiting the generality of the foregoing, if the Sweepstakes, or any part thereof, is not capable of running as planned for any legitimate reason, including but not limited to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, programming errors, or technical failures, which, in the sole opinion of Sweepstakes Group, corrupt or affect the administration, security, fairness, integrity or proper conduct of this Sweepstakes, Sweepstakes Group may, in its sole discretion, void any suspect Entries and: (a) terminate the Sweepstakes, or any portion thereof; (b) modify or suspend the Sweepstakes, or any portion thereof, to address the impairment and then resume the Sweepstakes, or relevant portion, in a manner that best conforms to the spirit of these Official Sweepstakes Rules; and/or (c) award the prize from among the eligible, non-suspect Entries received up to the time of the impairment in accordance with the winner selection criteria discussed above.
- GENERAL CONDITIONSWinning a Prize is contingent on fulfilling all the requirements set forth herein. All Entries become the property of Sweepstakes Group, where permitted and in any event none will be returned or acknowledged. Mass Entries, automated Entries, Entries submitted by third parties, and any Entries or prize claims that are late, incomplete, fraudulent, illegible, unidentified or delayed will be void. All Entries and prize claims are subject to verification. Proof of Entry submission does not constitute proof of receipt. Entrants agree to abide by these Official Sweepstakes Rules. Decisions of Sweepstakes Group will be final and binding on all matters pertaining to this Sweepstakes. Sweepstakes is subject to all applicable federal, state, and local laws, of all applicable jurisdictions. Sweepstakes Group reserves the right to correct any typographical, printing, computer programming or operator errors. Sweepstakes Group’s failure to enforce any term of these Official Sweepstakes Rules shall not constitute a waiver of that provision. The invalidity or unenforceability of any provision of these Official Sweepstakes Rules shall not affect the validity or enforceability of any other provision. If any provision of the Official Sweepstakes Rules is determined to be invalid or otherwise unenforceable, then the Official Sweepstakes Rules shall be construed in accordance with their terms as if the invalid or unenforceable provision was not contained therein. Should a winner make any false statement(s) in any document referenced above, the winner will be required to promptly return to Sweepstakes Group his/her prize, or the cash value thereof. Sweepstakes Group reserves the right at its sole discretion to disqualify any individual who tampers or attempts to tamper with the entry process, the operation of the Sweepstakes and/or Sweepstakes websites or apps, violates the Official Sweepstakes Rules, Sponsor’s Terms of Service, or acts with intent to annoy, abuse, threaten or harass any other person. WARNING: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE OR APPLICATION ASSOCIATED WITH THIS SWEEPSTAKES OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SWEEPSTAKES GROUP RESERVES THE RIGHT TO PROSECUTE AND SEEK DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW.
- LIMITATIONS OF LIABILITY AND RELEASESBY PARTICIPATING IN THIS SWEEPSTAKES, ENTRANTS AGREE THAT SWEEPSTAKES GROUP HAS NO LIABILITY WHATSOEVER FOR, AND ENTRANTS SHALL HOLD THE SWEEPSTAKES GROUP HARMLESS AGAINST, ANY LIABILITY FOR ANY INJURIES, CLAIMS, LOSSES, DAMAGES, COSTS OR EXPENSES OF ANY KIND (INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES) TO PERSONS OR PROPERTY RESULTING FROM (A) ENTRY OR PARTICIPATION IN THIS SWEEPSTAKES, INCLUDING ACCESS TO AND USE OF THE SWEEPSTAKES WEBSITES, (B) ANY CLAIMS BASED ON PERSONALITY OR PRIVACY RIGHTS, DEFAMATION OR PRIZE DELIVERY, OR (C) THE ACCEPTANCE, POSSESSION, USE OR MISUSE OF ANY PRIZE. SWEEPSTAKES GROUP IS NOT RESPONSIBLE FOR ANY UNDELIVERED E-MAILS, INCLUDING WITHOUT LIMITATION E-MAILS THAT ARE NOT RECEIVED BECAUSE OF A WINNER’S PRIVACY OR SPAM FILTER SETTINGS WHICH MAY DIVERT ANY NOTIFICATION OR OTHER E-MAIL, INCLUDING ANY WINNER NOTIFICATION E-MAIL, TO A SPAM OR JUNK FOLDER. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, therefore such exclusions may not apply to you, please see Rule 12 below.
Without limiting the foregoing, but subject to Rule 12 below, the Sweepstakes Group and any of Sponsor’s other agencies, suppliers or contractors, shall not be responsible for: (a) any incomplete or inaccurate information that is caused by Sweepstakes website users, or by any of the equipment or programming associated with or utilized in the Sweepstakes, or by any technical or human error which may occur in the processing of submissions in the Sweepstakes; (b) lost, interrupted, or unavailable network, server, service provider, on-line systems, telephone networks or telephone lines, or any other connections; (c) the theft, destruction, loss or unauthorized access to, or alteration of, Entries; (d) any problems with, or malfunctions or failures of, telephone networks or lines, computers or computer on-line systems, servers or providers, computer equipment, software, viruses or bugs; (e) garbled transmissions or miscommunications; (f) failure of any e-mail to be received by or from the Sweepstakes Group for any reason, including but not limited to traffic congestion on the Internet or at any website or combination thereof or technical incompatibility; (g) damage to a user’s computer equipment (software or hardware) occasioned by participation or downloading of materials related to this Sweepstakes; (h) printing, distribution, programming or production errors, and any other errors or malfunctions of any kind, whether human, mechanical, electronic or otherwise; or (i) technical, pictorial, typographical or editorial errors or omissions contained herein.
By participating in the Sweepstakes, you agree to release and hold Bextravaganza and the employees, officers, directors, shareholders, agents, representatives of Bextravaganza, its affiliates, subsidiaries, advertising, promotion, fulfillment agencies, and legal advisors, harmless from any and all losses, damages, rights, claims and actions of any kind in connection with the Sweepstakes, or resulting from acceptance, possession, use or loss any prize, including without limitation, personal injury, death, and property damage, and claims based on publicity rights, defamation, or invasion of privacy.
- DISPUTE RESOLUTIONExcept where prohibited, you agree that: (1) any and all disputes, claims, and causes of action arising out of or connected with this Sweepstakes shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for Clark, Nevada; (2) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Sweepstakes, but in no event attorneys’ fees; and (3) under no circumstances will you be permitted to obtain awards for, and you hereby waive all rights to claim, indirect, punitive, incidental and consequential damages, and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE ABOVE RESTRICTIONS IN THE EVENT OF DISPUTE OR LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.
All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Sweepstakes Rules, or the rights and obligations of you and the Sweepstakes Group in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Nevada without giving effect to any choice of law or conflict of law rules (whether of the State of Nevada or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Nevada.
- 12. WINNERS LIST
Winners to be posted on promotion website after confirmation of winner and up until May 10, 2019.
- SPONSORS ADDRESS
BEX SUNGLASSES LLC
3100 Moapa Valley Blvd., PO BOX 1305, Logandale, NV 89021
- ADMINISTRATOR ADDRESS
575 Underhill Blvd. Suite 222, Syosset, NY 11791
CAN-AM is not a Sponsor or Participant in this Sweepstakes.©2018. Marden-Kane, Inc. All rights reserved. These Official Rules may not be copied, edited, or used for any other purpose, commercial or otherwise, without the express written consent of Marden-Kane, In