Pushing The Envelope
- VAPORESSO 9th Grand Anniversary Season Official Rules
These rules (“Official Rules”) are the complete, official
rules for the VAPORESSO 9th Grand Anniversary Season
Activity (the “Activity”). Activity Sponsor reserves the
right to disqualify any Participant who is found to breach
these Official Rules.
The Activity is sponsored by Smoore Labs, 7901 Stoneridge
Drive, Suite 208, Pleasanton, CA 94588 (“Sponsor”).
ACTIVITY PERIOD: The Activity period shall begin on July 26, 2024 at 12:00:01 A.M. Eastern Time (“ET”) and shall continue to run untilAugust 31, 2024 at 11:59:59 P.M. ET. Submissions received after the Activity Period will not be considered valid submissions.
It is the Participant’s responsibility to check the
website regularly throughout the Activity to stay informed
of any new or updated deadlines. Sponsor is not
responsible for any Participant’s failure to do so.
Note: Sponsor’s computer is the official timekeeping
device for this Activity.
ELIGIBILITY: The Activity is an activity of skill open only to who is 21 years of age or older (a “Participant,” “you,” or “entry”). The following individuals are not eligible to participate or to submit Submissions: (i) employees of Sponsor, and any of their affiliate companies or subsidiaries; (ii) family members (spouse, parents, siblings, and children) of any individual referred to in clause (i), and (iii) persons living in the same household (whether or not related) with any person referred to in clause (i) or (ii) above. This Activity is subject to all federal, state, and local laws and regulations and is void outside the United States and where prohibited by law.
AGREEMENT TO OFFICIAL RULES: Participant’s participation in the Activity constitutes Participant’s full and unconditional agreement to and acceptance of these Official Rules and the decisions of Sponsor, which are final and binding. By participating in the Activity and submitting a Submission, Participant expressly agrees to participate in supporting marketing and other promotions and endorsements for Sponsor and its partners. Sponsor may display Submission photos on its website or on other promotional materials without attribution or any compensation owed to Participant.
SUBMISSION REQUIREMENTS: HOW TO ENTER: Each eligible Participant may participate by visiting https://www.vaporesso.com/activity/envelope Submissions must be received prior to the Activity deadline and adhere to the guidelines for Submissions specified in the Official Rules and on the Activity Website. Submissions that do not meet the requirements set forth in these Official Rules will be disqualified and ineligible to win.
INTELLECTUAL PROPERTY: By entering your Submission in the Activity or submitting additional photographs related to the Activity, you hereby grant Sponsor and its successors a worldwide, perpetual, non-exclusive, irrevocable, royalty-free, sub-licensable (through multiple tiers), and transferable license (with a right to create derivative works) to use, copy, distribute, perform, publicly perform, and display your Submission, in any and all media, in whatever form, for any legal purposes whatsoever now known or that hereinafter become known. Each Participant irrevocably waives any and all so-called moral rights they may have in the Submission(s) submitted by him or her. By uploading a submission, Participant is expressly warranting that they own or are licensed to enter the photo in the Activity and that their Submission does not infringe the intellectual property rights of any third party.
PRIZES AND APPROXIMATE RETAIL VALUE (“ARV”): Sponsor personnel will judge the completeness and value of the submissions as provided below to award prizes. Ten (10) winners will be selected at the end of the anniversary season based on the number of participants of the website interaction.
• First Prize: One Participant will be selected randomly to receive a Round-trip Flight Tickets To Paris. The ARV of the First Prize is $_520_.
• Second Prize: Three Participants will be selected randomly to receive an BMX Bicycle. The ARV of the Second Prize is $_500_.
• Third Prize: Six Participants will be selected randomly to receive an DJI OSMO Pocket 3. The ARV of the Second Prize is $_480_.
The total approximate retail value of all prizes is $_4900_, including free shipping. The ARV of each prize represents Sponsor’s good faith determination.
Each prize is nontransferable and non-refundable and must
be accepted as awarded. No cash or other substitution may
be made except by Sponsor, who reserves the right to
substitute a prize with another prize of equal or greater
value for any reason as determined by Sponsor in its sole
discretion. The winners will be responsible for all
applicable federal and local taxes on the receipt and use
of the prize and all other costs and expenses not
specifically mentioned herein. You agree that Sponsor
shall not be liable for any damages or losses you incur
using or related to the Prize.
The Winners will be notified by email and announced on the
Official Website on August 18, 2024
WINNERS’ OBLIGATIONS (DELIVERY & DOCUMENTATION): If a
prize is valued at $600 or more the potential winner must
sign and return an IRS W-9 form within 14 days of
notification in order to claim the prize. Potential
winners will be disqualified and the prize may be awarded
to an alternate winner (the next-ranked qualified
Participant on the leaderboard) if:
• the required documentation is not returned within 14
days after receipt of any request to provide
documentation;
• prize notification letter/email or prize is returned as
undeliverable; or
• potential winner is disqualified for any reason.
By accepting any Prize, each Participant receiving a Prize
thereby agrees to the use of his/her name, address, image,
likeness, and/or Prize information by Sponsor for
promotional purposes in any medium without additional
compensation. DECLINING PRIZES: A Participant may decline
to be a Winner by notifying Sponsor directly within one
week following the Activity deadline, in which case the
declining Participant forgoes any prize or other features
associated with winning the Activity. Sponsor reserves the
right to disqualify a Participant at its sole discretion
if Sponsor deems disqualification appropriate. RECEIVING
PRIZES: After verification of eligibility, the Prize
winner will receive the prize through U.S. Mail, as
appropriate. Allow 30 days from final confirmation for
Prize delivery. Any winners that receive prizes valued
over $600 will receive IRS 1099 form in the amount of
their prize at the appropriate time. Prize winners are
responsible for any taxes, fees, or other liability
resulting from their receipt of a Prize regardless of the
value of the prize. WARRANTIES AND OBLIGATIONS
PARTICIPANT WARRANTIES AND OBLIGATIONS: You agree that you
have full right and authority to enter and participate in
the Activity. You are solely responsible for your entry.
All entry information is deemed collected in the United
States. Participation is subject to all federal, state,
and local laws and regulations. Void where prohibited or
restricted by law. You are responsible for checking
applicable laws and regulations in your jurisdiction
before participating in the Activity to make sure that
your participation is legal. You are responsible for all
taxes and reporting related to any award that you may
receive as part of the Activity. A breach of any of these
warranties will result in the corresponding entry being
invalid, as well as other legal obligations.
LIMITATION OF LIABILITY: By participating in the Activity,
each Participant agrees to release, indemnify, and hold
harmless Sponsor, its respective affiliates, subsidiaries,
advertising and promotions agencies, as applicable, and
each of their respective agents, representatives,
officers, directors, shareholders, and employees from and
against any injuries, losses, damages, claims, actions,
and any liability of any kind resulting from or arising
out of your participation in or association with the
Activity or the Activity Prize. Activity Sponsor is not
responsible for any miscommunications such as technical
failures related to computer, telephone, cable, and
unavailable network or server connections, related
technical failures, or other failures related to hardware,
software, or virus, or incomplete, late, or misdirected
Submissions. Activity Sponsor reserves the right to
cancel, modify, or suspend the Activity should any causes
beyond the control of Activity Sponsor corrupt the
administration, security, or proper play of the Activity,
and to determine winners from among Submission not
affected by the corruption, if any, in its sole
discretion. Sponsor is not responsible for (a) late, lost,
stolen, damaged, garbled, incomplete, incorrect, or
misdirected Submissions or other communications, (b)
errors, omissions, interruptions, deletions, defects, or
delays in operations or transmission of information, in
each case whether arising by way of technical or other
failures or malfunctions of computer hardware, software,
communications devices, or transmission lines, or (c) data
corruption, theft, destruction, unauthorized access to, or
alteration of Submission materials, loss or otherwise.
Sponsor is not responsible for electronic communications
or emails which are undeliverable as a result of any form
of active or passive filtering of any kind, or
insufficient space in any email account to receive email
messages. Activity Sponsor disclaims any liability for
damage to any computer system resulting from participation
in, or accessing or downloading information in connection
with, the Activity.
RESERVATION OF RIGHTS: Activity Sponsor reserves the
right to modify the dates and deadlines, and the right to
modify, add, or remove additional Activity deadlines for
any reason. Sponsor may cancel the Activity entirely, not
award the prize, or select an alternate prize if awarding
the Activity Prize as originally described or on the
original time frame becomes commercially unreasonable
arising out of or caused by, directly or indirectly,
forces beyond its control, including, without limitation,
strikes, pandemics, government orders related to a
pandemic, work stoppages, accidents, acts of war or
terrorism, civil or military disturbances, nuclear or
natural catastrophes or acts of God, and interruptions,
loss, or malfunctions of utilities, communications, or
computer (software and hardware) services. Any changes
will be communicated on the Activity Website.
MISCELLANEOUS
PRIVACY: Participants agree that personal data submitted
and any other information provided in connection with the
Activity may be processed, shared, and otherwise used for
the purposes and within the context of the Activity and
any other purposes outlined in these Official Rules and
the Privacy Policy found at
https://www.vaporesso.com/privacy-policy.
In addition to the uses of personal information described
in that Policy, Sponsor will use information you provide
through entry into the Activity to administer the
Activity.
SEVERABILITY: The invalidity or unenforceability of
any provision of these Activity 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 Activity Rules
shall otherwise remain in effect and be construed in
accordance with their terms as if the invalid or illegal
provision was not contained herein.
GOVERNING LAW AND VENUE: Participant agrees that:
(a) he/she releases and will defend, indemnify, and hold
harmless the Promotion Parties from and all any and all
Claims from third parties related to Participant’s
participation in the Activity; (b) Claims arising out of
or connected with this Activity, or the prize awarded
shall be resolved individually, without resort to any form
of class action, and solely and exclusively in a federal
or state court located in California; (c) Participant
submits to sole and exclusive personal jurisdiction to
said courts in the State of California for any such
dispute and irrevocably waives any and all rights to
object to such jurisdiction; (d) any and all Claims,
judgments, and awards shall be limited to actual damages
of out-of-pocket expenses associated with entering this
Activity, but in no event attorneys’ fees; and (e) under
no circumstances will Participant be permitted to obtain
awards for and Participant hereby waives all rights to
claim punitive, incidental, and consequential damages or
any other damages, and any and all rights to have damages
multiplied or otherwise increased.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION 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
Rules, your rights and obligations, or the rights and
obligations of Sponsor in connection with this Activity,
shall be governed by and construed in accordance with, the
laws of California in the United States, without giving
effect to any choice of law or conflict of law rules.