Giveaway / Sweepstakes Terms & Rules

“OLIVER THOMAS x STARFIT” SWEEPSTAKES RULES

OFFICIAL RULES

 

NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT IMPROVE CHANCES OF WINNING. VOID IN RHODE ISLAND WHERE PROHIBITED. OPEN ONLY TO LEGAL RESIDENTS OF THE 50 UNITED STATES AND THE DISTRICT OF COLUMBIA WHO ARE AT LEAST 13 YEARS OLD AT THE TIME OF ENTRY. ODDS OF WINNING DEPEND ON THE NUMBER OF ELIGIBLE ENTRIES. MANY WILL ENTER; ONE WILL WIN.

 

IF YOU ARE A MINOR IN THE JURISDICTION IN WHICH YOU RESIDE, BEFORE PARTICIPATING IN THE SWEEPSTAKES, YOU MUST OBTAIN PERMISSION FROM YOUR PARENT OR LEGAL GUARDIAN. PROOF OF PERMISSION MAY BE REQUIRED AT ANY TIME AND IN ANY FORM DEEMED NECESSARY BY OLIVER THOMAS.

 

PLEASE READ THESE OFFICIAL RULES CAREFULLY. BY ENTERING THE SWEEPSTAKES, YOU (AND IF YOU ARE A MINOR, YOUR PARENT OR LEGAL GUARDIAN) AGREE TO AND WILL COMPLY WITH THESE OFFICIAL RULES. IF YOU DO NOT AGREE TO THESE OFFICIAL RULES, DO NOT ENTER THE SWEEPSTAKES.

 

  1. ELIGIBILITY; GENERAL. This sweepstakes is open only to legal U.S. residents residing in the 50 United States and the District of Columbia who are 13 years old or older. Minors are not eligible to participate if they have not obtained consent from their parent or legal guardian. Employees of Oliver Thomas (a division of Black Diamond Group, Inc.) (“Oliver Thomas”) and its promotional partners, Starfit and their respective affiliates and subsidiaries, and the immediate families and household members of such persons, are not eligible to participate in this sweepstakes. By entering the sweepstakes, you (a) agree to comply with and be bound by these Official Rules, the decisions of Oliver Thomas, which are final and binding in all matters, and any and all applicable laws, rules, or regulations (collectively, “Applicable Laws”); (b) represent that you satisfy these eligibility requirements, and (c) waive any right to claim ambiguity in the sweepstakes or these Official Rules.

 

  1. BINDING AGREEMENT. These Official Rules form a legally binding agreement with respect to the sweepstakes. If you do not agree to the Official Rules, you are not eligible to participate in the sweepstakes or to win any of the prizes. Your submission of an entry to the sweepstakes constitutes your agreement to these Official Rules.

 

  1. SWEEPSTAKES PERIOD. The sweepstakes begins at 9am EST on 10/28/24 and ends at 11:59pm EST on 11/01/24 (the “Sweepstakes Period”). All entries must be received during the Sweepstakes Period in order to be eligible.

 

  1. HOW TO ENTER. You may enter by one of the following three ways:

 

  • On Instagram post, dated 10/28/24, follow @shopstarfit + @theoliverthomas, like and share the post + tag 3 besties in the comments (one tag = one entry). For an additional chance to win, enter your email via the link in bio.

 

  • Send an email to Customerservice@theoliverthomas.com with the subject line “Sweepstakes Entry – “OLIVER THOMAS x STARFIT” and include in the email your first and last legal name, your state of residence, your mailing address, your email address, your age at the time of entry, and if you are a minor, the first and last name, plus e-mail address, of your parent or legal guardian who gave you permission to enter and agreed to these rules.

 

Regardless of method of entry, limit 100 entry per person. For avoidance of doubt, you may not enter multiple times using multiple accounts, duplicate posts, etc. Except for User-Generated Content, which will be subject to Section 13, all sweepstakes entries become the property of Oliver Thomas and will not be acknowledged or returned.

 

Oliver Thomas is not responsible for and will not consider any entries that (i) are incomplete, incorrect, damaged, illegible, misdirected, inaccurate or inaccurately captured, not received by Oliver Thomas (including as a result of your privacy settings on a Social Media Platform (defined in Section 11 below)), lost, stolen, delayed, undelivered, or late for any reason, including as a result of any technical, electronic, telephone, hardware, software, internet, server, email platform, Social Media Platform, website, application, access provider, network, computer, data transmission, or any third-party service errors, malfunctions, or difficulties (including any active or passive filtering) of any kind (collectively, “Transmission Failures”), or (ii) do not conform with any the requirements of these Official Rules (collectively, “Faulty Entries”).

 

If Oliver Thomas determines that there is any suspected or actual tampering, it may void the entries at issue, and/or terminate the sweepstakes, at which time, it may conduct a random drawing to award prizes using all eligible entries received as of the termination date.

 

  1. SELECTION OF WINNER. One (1) potential winner will be chosen by a random drawing to be conducted on or about 11/02/24 via from all eligible entries received during the Sweepstakes Period.

 

  1. WINNER VERIFICATION. Any potential winner will be deemed a winner and eligible to receive the prize only after Oliver Thomas’s verification of eligibility of the potential winner. Oliver Thomas may disqualify you from this sweepstakes and deem any such entry by you void if it suspects or finds that you have (i) violated any Applicable Law or these Official Rules, including by (a) entering as a minor without permission from your parent or legal guardian, (b) entering or attempting to enter multiple times in violation of these Official Rules, including through use of multiple accounts, or (c) entering as a residence of a place in which this sweepstakes is void; (ii) tampered or attempted to tamper with the entry process or the operation of the sweepstakes, including by generating entries through an automated means to subvert the entry process; (iii) acted in an unsportsmanlike or disruptive manner, or with the intent to annoy, abuse, threaten, bully, or harass any other person; or (iv) attempted to undermine the legitimate operation of the sweepstakes by cheating, hacking, deception, or other unfair playing practices (collectively, “Violating Entries”). ANY ATTEMPT BY YOU TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS SWEEPSTAKES MAY BE DEEMED A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, OLIVER THOMAS WILL DISQUALIFY YOU AND MAY SEEK DAMAGES AND OTHER REMEDIES (INCLUDING ATTORNEYS’ FEES) FROM YOU TO THE FULLEST EXTENT PERMITTED BY LAW, AND MAY BAN OR DISQUALIFY YOU FROM THIS AND FUTURE SWEEPSTAKES.

 

  1. PRIZES The potential winner will receive your choice of 3 items from our pink or blue floral collections, and a Starfit $100 Gift Card. A total prize value worth up to $625. The actual retail value of a prize may depend on the specific style or product selected.

 

  1. GENERAL PRIZE CONDITIONS/LIMITATIONS. No prize substitution, cash equivalent of prizes, transfer, or assignment of prizes is permitted, except Oliver Thomas may substitute a prize or prizes of similar value. Prizes are subject to product availability. In addition to the requirements set forth in Section 10, Oliver Thomas may require personal identification and/or proof of permission from a parent or a legal guardian to be presented in any form deemed necessary by Oliver Thomas to redeem the prize. Oliver Thomas is not responsible for any late, lost, stolen, damaged, delayed, or undelivered prizes. If a potential winner is a minor, the prize may be awarded to the minor’s parent or legal guardian who must sign and return all required documentation.

 

  1. ODDS OF WINNING. Odds of winning will depend on the number of eligible entries received. Many will enter, only one will win.

 

  1. OFFICIAL NOTIFICATION. A potential sweepstakes winner will be contacted by Oliver Thomas via email or a message on social media to the account that was used in entering the sweepstakes. A winner must respond within seven 7 days of being notified of winning. A potential winner must supply Oliver Thomas with the potential winner’s legal name, email address, mailing address, and age at the time of entry. The potential winner may also be required to sign and return an affidavit of eligibility, release, and/or name/likeness license and liability release, and if a potential winner is a minor, the potential winner’s parent or legal guardian will also be required to sign such documents. Return of the prize notification as “undeliverable,” or any failure to respond or to return any required document in the time noted, or any other failure to comply with these Official Rules, will result in disqualification of the selected winner and forfeiture of the prize. Oliver Thomas is not required to award elsewhere any prizes forfeited by the chosen winner. The prize will be awarded after Oliver Thomas’ receipt of the winner’s response, any required documents and proper verification of the winner’s identity and eligibility.

 

  1. NO SOCIAL MEDIA PLATFORM ENDORSEMENT; RELEASE. Depending on the particular sweepstakes, the sweepstakes may involve one or more social media platforms. In all cases, however, this sweepstakes is in no way sponsored, endorsed, or administered by, or associated with any such platform, including Meta Platforms, Inc. (Facebook), Instagram Inc., ByteDance Ltd. (TiKTok), Google Inc. (YouTube), or Twitter, Inc. (collectively, “Social Media Companies”). You understand that by using and interacting with the application or website of any of the Social Media Companies (the “Social Media Platforms”), you are subject to the terms, conditions, and policies that govern the use of those Social Media Platforms (including for example, YouTube’s Community Guidelines found here at https://www.youtube.com/howyoutubeworks/policies/community-guidelines/). You should therefore review the applicable terms and policies, including privacy and data gathering practices, before using or interacting with them. By entering this sweepstakes, you agree to comply with all Social Media Companies’ terms and policies, and you hereby release and discharge, and you will indemnify and hold harmless, the Social Media Companies and their respective affiliates, employees, officers, directors, and representatives from any claims, losses, and damages arising out of or relating to participation in this sweepstakes, any sweepstakes-related activities, or the acceptance, use, misuse, or possession of any prize awarded hereunder, including personal injuries, death, and property damage.

 

  1. By entering the sweepstakes, you recognize and agree that the information provided by you will be [(a)] made available to Oliver Thomas, and use of such information by Oliver Thomas will be governed by Oliver Thomas’ Privacy Policy found at https://theoliverthomas.com/pages/privacy-policy and (b) to Starfit and use of such information by Starfit will be governed by Starfit privacy policy found at https://www.shopstarfit.com/pages/privacy-policy. You agree that personal information shared in connection with the sweepstakes: (i) may be processed, shared, and otherwise used for the purposes and within the context of the sweepstakes and any other purposes outlined in these Official Rules; and, (ii) if you consent, may be used by Oliver Thomas and Starfit for purposes of sending marketing information generally. Personal information may also be used by Oliver Thomas to verify your identity, age, address, or to otherwise verify the participant's eligibility to participate in the sweepstakes.

 

  1. LICENSES; USER-GENERATED CONTENT; LIKENESS. By entering the sweepstakes, to the extent you upload any photograph, video, text, or other content in connection with the sweepstakes (“User-Generated Content”), you grant an irrevocable, perpetual, worldwide, non-exclusive license to Oliver Thomas, to reproduce, modify, distribute, publicly display, publish, and create derivative works of the User-Generated Content in whole or in part in all media now known or hereafter devised, throughout the universe, in any way such Oliver Thomas sees fit (including, for avoidance of doubt, in advertising, publicity, and other communications and marketing purposes). You represent and warrant that (i) you have all rights necessary to upload your User-Generated Content, including written permission and agreement to these Official Rules from anyone (or, if under 18 years old or the age of majority, written permission from their parent or legal guardian) featured in your User-Generated Content; and (ii) the User-Generated Content does not infringe upon or violate any third-party copyright, trademark, moral right, right of privacy/publicity or intellectual property, or other right of any person or entity. You consent to Oliver Thomas doing or omitting to do any act that would otherwise infringe your “moral rights” in the User-Generated Content and waive any “moral rights” you may have in the User-Generated Content in favor of Oliver Thomas. Display or publication of any User-Generated Content on Oliver Thomas’ website, social media pages, or otherwise does not indicate that you have been or will be selected as a winner. Oliver Thomas will not be required to pay any additional consideration or seek any additional approval in connection with any use of User-Generated Content.

 

  1. LIKENESS. You grant to Oliver Thomas the irrevocable, perpetual, worldwide, and unrestricted right to print, publish, broadcast, and use your name, image, likeness, voice, persona, hometown, prize information, and all statements made in connection with the sweepstakes (collectively, “Likeness”) in all media now known or hereafter devised throughout the universe in perpetuity in any way such Oliver Thomas sees fit (including, for avoidance of doubt, in advertisements, publicity, and other communications and marketing purposes). Oliver Thomas will not be required to pay any additional consideration or seek any additional approval in connection with such use. Upon Oliver Thomas’ request, you (or, if under 18 years old or the age of majority, your parent or legal guardian), will sign any necessary documentation that may be required for Oliver Thomas to make use of the rights granted herein.

 

  1. TERMINATION OF SWEEPSTAKES; CHANGES TO OFFICIAL RULES. Oliver may terminate, suspend, or modify these Official Rules or this sweepstakes (or any portion thereof) at any time in any manner without prior notice, for any reason whatsoever. 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, Oliver Thomas may terminate the sweepstakes.

 

  1. RELEASE; DISCLAIMER. Oliver Thomas, its promotional partners Starfit, the Social Media Companies, and their respective affiliates and subsidiaries, all prize suppliers, and the directors, officers, employees, representatives, and agents of all such entities (collectively, the “Released Parties”) do not assume any liability for and may not be held liable for, and you hereby release and discharge, and will indemnify and hold them harmless from, any and all liability, losses, damages, rights, claims, and actions of any kind arising out of or relating to (i) the sweepstakes, including the administration of the sweepstakes, the selection or confirmation of any winner, any errors or omissions, or the acceptance, possession, use, or misuse of any prize, including personal injuries, death, and property damage; (ii) publicity rights, defamation, or invasion of privacy, whether suffered by you or a third party; (iii) any Faulty Entries or Violating Entries; (iv) any Transmission Failure, including any injury or damage to your or any other person’s computer related to or resulting from downloading any material connected to the sweepstakes, all of which may affect a person’s ability to participate in the sweepstakes; (v) any errors, omissions, or incorrect or inaccurate information in any sweepstakes-related materials, including printing or advertising errors or the failure of or problems with any equipment or programming associated with or used in the sweepstakes howsoever caused; or (vi) the security or privacy of information transmitted via computer networks or for breaches of privacy due to interference by third party, including third-party computer “hackers” or otherwise. Oliver Thomas disclaims all warranties, express or implied, including implied warranties of merchantability and fitness for a particular purpose with respect to the sweepstakes and any prizes. This section shall apply to the extent permitted by law.

 

  1. LIMITATION OF LIABILITY. Without limiting the foregoing or any other provision herein, the Released Parties’ total liability for any and all claims, judgements, and awards against the Released Parties shall not exceed the total out-of-pocket expenses incurred by you to enter the sweepstakes. In no event shall the Released Parties be liable for any attorneys’ fees, punitive, indirect, incidental, special, and consequential damages. For avoidance of doubt, any liability of Oliver Thomas and its promotional partners Starfit shall be several and not joint. Oliver Thomas shall not be responsible or liable for the actions of any of its promotional partners, including the use of any personal information (including phone numbers), User-Generated Content, or Likeness by such person or entity. This section shall apply to the extent permitted by law.

 

  1. Any winner will be solely responsible for any and all taxes or other assessments associated with receipt and use of the prizes.

 

  1. FORCE MAJEURE. Oliver Thomas will not be liable for failure or delay in the sweepstakes because of causes beyond its reasonable control, including acts of God, terrorism, war, riots, fire, earthquake, flood, or degradation or failure of third party networks or communications infrastructure.

 

  1. WINNER LIST; RULES REQUEST. To request a copy of these Official Rules or a list of winners’ names, please send an email to customerservice@theoliverthomas.com with the subject line “Official Rules Request; “Oliver Thomas x Starfit” or “Winner’s List Request; “Oliver Thomas x Starfit” as applicable.

 

  1. WAIVER OF JURY TRIAL AND CLASS ACTIONS. EACH PARTY (AND IF ENTRANT IS A MINOR, THE ENTRANT’S PARENT OR LEGAL GUARDIAN) HERETO IRREVOCABLY AND UNCONDITIONALLY WAIVES ALL RIGHT TO TRIAL BY JURY IN OR TO HAVE A JURY PARTICIPATE IN RESOLVING ANY DISPUTE, ACTION, PROCEEDING, OR COUNTERCLAIM, WHETHER SOUNDING IN CONTRACT, TORT, OR OTHERWISE, ARISING OUT OF OR RELATING TO OR IN CONNECTION WITH THESE OFFICIAL RULES, THE SWEEPSTAKES, OR ANY PRIZE. ALL CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS SWEEPSTAKES, OR ANY PRIZES AWARDED, SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM CLASS ACTION. THIS SECTION SHALL APPLY TO THE EXTENT PERMITTED BY LAW.

 

  1. CHOICE OF LAW; JURISDICTION; EQUITABLE RELIEF. This sweepstakes is void wherever prohibited or restricted by Applicable Law and is subject to all Applicable Laws. This sweepstakes will be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts. You hereby consent to the exclusive jurisdiction and venue of the federal and state courts of the Commonwealth of Massachusetts for resolution of all claims, differences, and disputes the parties may have regarding this Agreement. Notwithstanding anything to the contrary herein, you acknowledge and agree that a breach by you of these Official Rules would cause Oliver Thomas irreparable harm for which monetary damages would not be an adequate remedy, and in the event of such breach or threatened breach, Oliver Thomas will be entitled to injunctive or equitable relief.

 

  1. DISPUTES. If you believe that a controversy or claim arises out of or relating to these Official Rules, your participation in the sweepstakes or use of any prize, you agree to provide Oliver Thomas with a notification via email to customerservice@theoliverthomas.com, briefly summarizing the claim or controversy and your request for relief, before instituting any other formal legal action against us. Any cause of action or claim you may have arising out of or relating to these Official Rules or the sweepstakes must be commenced within one year after the cause of action accrues, otherwise, such cause of action or claim is permanently waived.

 

  1. SEVERABILITY. The provisions of these rules are deemed by the parties to be severable and the invalidity or unenforceability or any one or more of the provisions will not affect the validity or enforceability of any other provision, and all other provisions shall remain in full force and effect. If any one or more of the provisions of these rules is held to be excessively broad or invalid, illegal, or unenforceable, it shall be reformed and construed by limiting and reducing it so as to be enforceable to the maximum extent permitted by Applicable Law in conformance with its original intent.

 

SWEEPSTAKES SPONSOR:

Oliver Thomas (a division of Black Diamond Group, Inc.)

300 Trade Center Drive, Suite 5550

Woburn, MA 01801