1. SWEEPSTAKES PERIOD: The #DivaDifference #Sweepstakes (the “Sweepstakes”) begins on April 18, 2018 at 12:00:00 AM Eastern Time (“ET”) and ends on May 23, 2018 at 11:59:59 PM ET (the “Sweepstakes Period”). No purchase is necessary to enter or win the Sweepstakes.
2. SPONSOR: The Sweepstakes is sponsored solely by Collective Bias, Inc., whose address is 1750 S. Osage Springs Drive, Ste. 100, Rogers, AR USA 72758.
3. ELIGIBILITY: The Sweepstakes is open only to those participants who are: (i) legal residents of the fifty (50) United States, the District of Columbia, or Canada (excluding Quebec); and (ii) who are the older of 18 years or the age of legal majority in their jurisdiction of residence. Employees of Sponsor, Diva International, Inc. and/or any of their parent and affiliate companies (collectively, “Sweepstakes Entities”) and members of the immediate families (spouse, biological, adoptive or step-parents, grandparents, children, grandchildren and siblings, and each of their respective spouses, regardless of where they reside), or households (whether related or not) of any of the Sweepstakes Entities are not eligible to enter. Eligible participants will be referred to herein as “Entrants”. The Sweepstakes is subject to all applicable federal, state, provincial/territorial, municipal and local laws and regulations. Void in Quebec and where prohibited or restricted by law.
4. AGREEMENT TO OFFICIAL RULES: Participation in this Sweepstakes constitutes Entrant’s full and unconditional agreement to these Official Rules and Sponsor's decisions, which are final and binding in all matters related to this Sweepstakes. Winning a prize is contingent upon fulfilling all requirements set forth herein. These Official Rules form a binding legal agreement between the Entrant and the Sponsor with respect to the Sweepstakes. The Sponsor’s computer will serve as the official clock of the Sweepstakes.
5. HOW TO PARTICIPATE: To participate in the Sweepstakes, an eligible entrant (“Entrant”) must visit http://periodconfidence.com/ (the “Website”), answer three (3) trivia questions (correct answers are not required for entry), check a box confirming that he/she has read and accepted the Sweepstakes rules, and provide his/her name and email address. This will result in one (1) entry into the Sweepstakes and may be completed by Entrant only once during the Sweepstakes Period. As a condition of entry, Entrant agrees to receive email communications from Diva International, Inc. that relate solely to the administration of the Sweepstakes. Entrants will also have the option to opt-in to receive marketing email communications from Diva International, Inc.
A. Once entered in the Sweepstakes, Entrant will receive a unique referral link, which he/she may share with his/her friends/family/contacts via text message, IM, email, blog post and/or social media. Standard data charges may apply. Each such text message, IM, email, blog post and/or social media post should include Entrant’s unique referral link and the following: “#DivaDifference #Sweepstakes ends 5/8/18. See Rules https://a.pgtb.me/l2n0M5”. Entrant may receive one additional entry for each new, eligible participant who enters the Sweepstakes during the Sweepstakes Period via Entrant’s unique referral link.
IMPORTANT NOTE: Prior to sharing a referral link, it is the Entrant’s sole and absolute responsibility to obtain permission from the individual(s) with whom he/she intends to share. The onus of obtaining such permission rests entirely with the Entrant and the Sponsor assumes no responsibility for obtaining any such permission. An Entrant may only share his/her referral link with friends with whom he/she has had direct voluntary two way communications, and with whom it is reasonable to conclude he/she has a personal relationship considering shared interests, experiences, opinions and other relevant factors. An Entrant may only share his/her referral link with family members to whom he/she is related by marriage, a common-law partnership, or parent-child relationship, and with whom he/she has had direct voluntary two way communications. The information of an Entrant’s friend(s) or family member(s) will not be used by the Sponsor unless and until they enter the Sweepstakes in accordance with these Official Rules. They will not be added to any direct marketing list or used in any direct marketing programs without their consent.
All “Entries” set forth above are subject to the provisions of Section 6 of these Official Rules.
6. ENTRY RESTRICTIONS:
A. Each Entry must be in English;
B. Each Entry must not contain material that violates or infringes another's rights, including but not limited to privacy, publicity, copyrights, trademarks or other intellectual property rights ;
C. Each Entry must not be disparaging in any way, including but not limited to disparaging the Sweepstakes Entities or any other person or party affiliated with the Sweepstakes and administration of this Sweepstakes, or any of their respective products and/or brands;
D. Each Entry must not in any way, either visibly or otherwise, contain any brand names, logos or trademarks other than those of Sponsor, which Entrant has a limited right to use solely for purposes of submitting entries into this Sweepstakes (and for no other purpose);
E. Each Entry must not include any identifiable image (as determined by Sponsor in its sole discretion) of any person other than Entrant unless Entrant is able to obtain written permission from that other person (and that person’s parent or legal guardian if he/she is under the age of legal majority in his/her jurisdiction of residence);
F. Each Entry must not contain material that is inappropriate, indecent, lewd, pornographic, obscene, hateful, tortious, defamatory, slanderous or libelous;
G. Each Entry must not contain material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age; and
H. Each Entry must not contain material that is unlawful, in violation of, or contrary to the laws or regulations in any jurisdiction where the Entry is created.
Each Entrant: (i) grants a pre-paid, non-exclusive, unlimited worldwide license to the Sponsor and Sweepstakes Entities to use any Entries he/she has submitted in any medium whatsoever; and (ii) waives all moral rights in and to all such Entries in favor of the Sponsor (and anyone authorized by the Sponsor to use such Entries).
7. RANDOM SELECTION OF THE WINNER, ODDS OF WINNING, PRIZES, AND APPROXIMATE RETAIL VALUE (“ARV”):
On or about May 24, 2018 (the “Drawing Date”), eligible winners will be selected in a random drawing from all eligible Entries. The odds of winning depend upon the number of eligible Entries. The following Prizes will be awarded:
● One (1) Grand Prize consisting of a $500 Visa gift card (CAD $643.03), a DivaCup (ARV $39.99) (CAD $51.43) and a DivaWash (ARV $9.99) (CAD $12.85). The Approximate Retail Value (“ARV”) of the Grand Prize is $549.98 (CAD $707.30).
● Twenty Five (25) First Prizes each consisting of a $100 Visa gift card (CAD $128.61), a DivaCup (ARV $39.99) (CAD $51.43) and a DivaWash (ARV $9.99) (CAD $12.85). The ARV of each First Prize is $149.98 (CAD $192.88).
The ARV of all prizes to be awarded in the Sweepstakes is $4,299.98 (CAD $5,529.35). Limit one prize per Entrant/household. Canadian residents will receive their gift cards in CAD, subject to currency fluctuations.
Each gift card is subject to the terms and conditions set forth on the card and to all terms, conditions and policies of the issuer. Each gift card is redeemable for merchandise only and will not be redeemed or exchanged for cash, except where required by law. Each gift card will not be replaced or replenished if it is lost, stolen, damaged, destroyed or used without your permission and will be voided if altered or defaced. An Entrant may receive no more than one prize in this Sweepstakes.
All prizes will be awarded provided that there are a sufficient number of Entrants. All prizes are non-transferable, with no cash redemptions, equivalents or substitutions except at Sponsor’s sole and absolute discretion. All prize details not specified in these Official Rules will be determined in Sponsor’s sole and absolute discretion. Prize details and availability are subject to change, and in the event that Sponsor is unable to provide a winner with their prize, the Sponsor may elect, to provide such winner with the approximate value of such item in cash or award an alternate prize of equal or greater value.
8. HOW TO CLAIM A PRIZE: On or after the Drawing Date, each potential Entrant winner will be contacted by Sponsor via the e-mail provided when entering the Sweepstakes. FOR US RESIDENTS: All federal, state and local taxes on a prize will be the responsibility of the winner. FOR RESIDENTS OF CANADA ONLY: Any eligible winner from Canada will be required to correctly answer a mathematical skill-testing question without mechanical or other aid prior to being confirmed as a winner. Failure to correctly answer the mathematical skill-testing question will result in disqualification.
FOR US RESIDENTS: If a US winner's prize is valued over $600 in this Sweepstakes or cumulatively over $600 from other Sweepstakes conducted by Sponsor, winners will need to provide his/her social security number via an affidavit in order to receive a 1099. Each certification or affidavit must be signed using DocuSign within 5 days from the date it is sent or the Prize will be forfeited and may be awarded to another winner selected at random from the pool of entrants into the Sweepstakes.
In the event that any e-mail is returned as undeliverable, or if no response is received within 5 days from the date of the e-mail, or if the potential prize winner does not comply with these Official Rules (including, for residents of Canada, the requirement to correctly answer a mathematical skill-testing question), his/her prize may, in the Sponsor’s sole and absolute discretion, be forfeited. In the event a prize is forfeited or not awarded for any reason, the Sponsor may or may not select an alternative prize winner in a random drawing as set forth in Section 7 of these Official Rules.
9. ELIMINATION: Any false information provided within the context of the Sweepstakes by any Entrant or any other non-compliance with these Official Rules or the like may result in the immediate elimination of the Entrant from the Sweepstakes. Any Entrants suspected of or found by Sponsor to be entering or compromising the entry process in any way, including but not limited to the use of automatic, programmed, script, bot, third-party or otherwise fraudulent entry method, in Sponsor’s sole discretion, will be disqualified.
Sponsor reserves the right to disqualify any person found or suspected of tampering with the point process or the operation of this Sweepstakes, to be acting in violation of these Official Rules, to be acting in a non-sportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person.
10. INTERNET: Sponsor is not responsible for electronic transmission or other errors resulting in omission, interruption, deletion, defect, delay in operations or transmission. If, for any reason, the Sweepstakes is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Sweepstakes, Sponsor may, in its sole discretion, cancel, terminate, modify and/or suspend the Sweepstakes. In the event the Sweepstakes is canceled, terminated, modified and/or suspended, Sponsor will select the eligible winners on the basis of the criteria stated herein from among all eligible, non-suspect Entries received as of the date/time such action was taken.
12. LIMITATION OF LIABILITY: TO THE EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT WILL THE SWEEPSTAKES ENTITIES, THEIR AFFILIATES, SUBSIDIARIES AND RELATED COMPANIES, THEIR ADVERTISING OR SWEEPSTAKES AGENCIES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS, BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES. Sponsor assumes no responsibility for undeliverable Entries resulting from any cause. By participating in this Sweepstakes, Entrants agree to release and hold harmless Sweepstakes Entities, Visa, Inc., applicable social media platforms, their respective affiliates and the respective directors, officers, employees and agents of each of the foregoing (collectively, the “Releasees”) from and against any and all liability for any injuries, losses or damages of any kind to persons, including death, or property arising in whole or in part, directly or indirectly, from acceptance, use or misuse of a prize (if applicable), participation in the Sweepstakes, or inability to participate in Sweepstakes or in any Sweepstakes-related activity. Releasees are not responsible for printing errors or for lost, late, unintelligible, misdirected, incomplete, damaged or garbled Entries. Releasees are not responsible for any: (a) telephone, computer, hardware, software, programming or interrupted or unavailable network, server or other connections, network malfunction, or other technical failures or human or other errors; (b) communication disruption or other forces beyond the reasonable control of the Sponsor, including inability to enter the Sweepstakes, or other disruption related to Internet traffic, virus, bug, or non-authorized intervention; (c) damage caused by computer virus or otherwise resulting to any computer or other device concerning Entrant’s Entry whether human, mechanical or electronic; or (d) incorrect or inaccurate information whether caused by users or by any of the programming or equipment associated with or used in the Sweepstakes. Releasees shall not be liable to any prize winner or any other person for failure to supply a prize, by reason of any acts of God; any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entities (whether or not they prove to be valid); equipment failure; terrorist acts; earthquake; fire; flood; war; explosion; unusually severe weather; hurricane; embargo; labor dispute or strike (whether legal or illegal); labor or material shortage; transportation interruption of any kind; work slow-down; civil disturbance; insurrection; riot; or any other cause beyond Sponsor’s sole control.
13. DISPUTES: THE SWEEPSTAKES IS GOVERNED BY, AND WILL BE CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF NORTH CAROLINA USA, WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OR CONFLICT OF LAW RULES, AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW THE FORUM AND VENUE FOR ANY DISPUTE SHALL BE IN THE STATE OF NORTH CAROLINA USA.
IF THE CONTROVERSY OR CLAIM IS NOT OTHERWISE RESOLVED THROUGH DIRECT DISCUSSIONS OR MEDIATION, THEN TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW IT SHALL THEN BE RESOLVED BY FINAL AND BINDING ARBITRATION ADMINISTERED BY AMERICAN ARBITRATION ASSOCIATION, IN ACCORDANCE WITH ITS ARBITRATION RULES AND PROCEDURES OR SUBSEQUENT VERSIONS THEREOF (“AAA RULES”). THE AAA RULES FOR SELECTION OF AN ARBITRATOR SHALL BE FOLLOWED, EXCEPT THAT THE ARBITRATOR SHALL BE EXPERIENCED AND LICENSED TO PRACTICE LAW IN THE STATE OF NORTH CAROLINA USA. THE REMEDY FOR ANY CLAIM SHALL BE LIMITED TO ACTUAL DAMAGES, AND TO THE EXTENT ALLOWED BY LAW, IN NO EVENT SHALL ANY PARTY BE ENTITLED TO RECOVER PUNITIVE, EXEMPLARY, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, INCLUDING ATTORNEY’S FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF.
14. GENERAL: CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO DISQUALIFY AND SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. Entries will not be returned. In the event of any conflict with any Sweepstakes details contained in these Official Rules and Sweepstakes details contained in Sweepstakes-related materials (including but not limited to point of sale, television, and print advertising, packaging, and other Sweepstakes media if applicable), the details of the Sweepstakes as set forth in these Official Rules shall prevail and govern.
The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
By participating in the Sweepstakes, you agree that your entry is gratuitous, unsolicited and without restriction, and will not place the Sweepstakes Entities under any obligations other than those contained in these Official Rules, and that Sweepstakes Entities are free to disclose the ideas contained in the Entry on a non-confidential basis to anyone or otherwise use the ideas therein without any compensation to you. You further acknowledge that Sweepstakes Entities do not waive any rights to use similar or related ideas previously known to Sweepstakes Entities, or developed by their respective employees, or obtained from sources other than you. By entering the Sweepstakes, you understand and acknowledge that you will not now or in the future be paid or compensated in any way for your Entry or for granting the Sweepstakes Entities any of the rights set out in these Official Rules. You further acknowledge that Sweepstakes Entities are not obligated to make use of any of the rights granted in these Official Rules.
This Sweepstakes is in no way sponsored, endorsed by, or associated with Visa Inc. Any questions, comments, or complaints regarding this Sweepstakes shall be directed to Sponsor and not to Visa, Inc.
15. WINNERS’ LIST: For the name of the prize winners, those interested print their name and address on a 3"x 5" card and mail it in an envelope to: #DivaDifference #Sweepstakes, c/o Collective Bias, 1750 S. Osage Springs Drive, Ste. 100, Rogers, Arkansas USA 72758. Winner List requests will only be accepted after the Sweepstakes’ end date (listed above) and requests must be received no later than June 30, 2018.
Entrants into the Sweepstakes are encouraged to print a copy of these Official Rules. Otherwise, these Official Rules may not be reprinted or republished in whole or in part without the prior written consent of Sponsor. All other rights are reserved to Sponsor.
Copyright 2018 Collective Bias