VAPORESSO Wishful Skies Draw Event Official Rules
These rules (“Official Rules”) are the complete, official rules for the Vaporesso Wishful Skies Draw Event (the “Event”). Event Sponsor reserves the right to disqualify any Participant who is found to breach these Official Rules.
The Event is sponsored by Nexify Inc., 2550 N LOOP FWY W, #108 HOUSTON TX 77092 (“Sponsor”).
EVENT PERIOD: The Event period shall begin on August 17, 2023 at 12:00:01 A.M. Eastern Time (“ET”) and shall continue to run until September 18, 2023 at 11:59:59 P.M. ET (“Event Period”). Event Submissions received after the Event Period will not be considered valid submissions.
It is the Participant’s responsibility to check the website regularly throughout the Event 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 Event.
ELIGIBILITY: The Event 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 Event is subject to all federal, state, and local laws and regulations and is void outside the United States and where prohibited by law. To be eligible for entry, the copyright or other intellectual property rights for all Submissions submitted to the Event must be owned by an eligible participant.
Each Submission: a. Cannot defame, misrepresent, or contain disparaging remarks or images about Sponsor or its products or other people, products, or companies; b. Cannot communicate any message inconsistent with the positive image and goodwill with which Sponsor wishes to associate. Without limitation, this means that your Submission cannot contain materials that are threatening, harassing, degrading, hateful, intimidating, obscene, indecent, pornographic, violent, or otherwise objectionable, as determined by Sponsor in its sole discretion; c. Cannot violate any law; and d. Cannot contain materials embodying the names, likeness, or other indicia identifying any other person, living or dead, unless you have express permission from that person (or, if such person is a minor, from his or her parent or legal guardian) to use his or her name, likeness, or other indicia in connection with this Contest. You will provide Sponsor with proof of such permission upon Sponsor’s request.
Sponsor reserves the right, in its sole and absolute discretion, to refuse to accept any Submission for any reason.
Sponsor is the sole judge of eligibility and may determine that a Submission or Participant is ineligible to participate in the contest for a variety of reasons not described here but at the sole discretion of Sponsor.
AGREEMENT TO OFFICIAL RULES: Participant’s participation in the Contest 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 Contest 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: Each eligible Participant may participate by visiting https://www.vaporesso.com/activity/inno-dream-carnival.
Participant fill in their email address, country and their
wishes through the game window to complete the release of
paper planes. · Participant will get two entries to draw
prizes after successfully releasing the paper plane. ·
Participant can click the "Seize a Plane" button, the
system will randomly assign a paper plane as the lucky
draw result, each paper plane represents a different
prize. Participant will be notified of the results
immediately. · We will contact the winners via email and
arrange prizes mailing.
Submissions must be received prior to the Event deadline
and adhere to the guidelines for Submissions specified in
the Official Rules and on the Event Website.
Submissions that do not meet the requirements set forth in
these Official Rules will be disqualified and ineligible
to win.
EVENT RULES:
· Each Participant can release paper plane once per day
and receives two entries to draw paper planes, with the
number of entries updated every 24 hours.
· Participant must complete a paper plane release before
drawing paper planes.
· To ensure that we can contact the winners, make sure
that the e-mail address is accurate.
· One Participant has only one chance to win the top 3
tier prizes during the event period.
· Wishes on paper planes should not contain negative
content to ensure they are suitable for reading.
PRIZES AND APPROXIMATE RETAIL VALUE (“ARV”):
1.The activity consists of three prize tiers: First Prize,
Second Prize, and Third Prize. The prizes for each tier
are as follows: First Prize: One (1) MacBook Air (13
inches, 8GB memory, 256GB storage); Second Prize: One(1)
pair of Airpods (second generation); Third Prize: One (1)
set of Summeresso Kit brand merchandise.
2. A participant who receives a priceless paper plane
(selected at random) will be awarded a First Prize, which
is a MacBook Air (13 inches, 8GB memory, 256GB
storage).
3. A participant who receives a unique paper plane
(selected at random) will be awarded a Second Prize, which
is a pair of Airpods (second generation).
4. A participant who receives a special paper plane from
VAPORESSO (selected at random) will be awarded a Third
Prize, which is a Summeresso Kit brand merchandise.
5. All participants will receive a 25% discount coupon for
the pre-sale of LUXE X PRO at the VAPORESSO ONLINE STORE.
This coupon is applicable during the event period.
6. All prizes will be distributed randomly among
participants. The chances of receiving special paper
planes are limited.
7. Winning participants will be contacted by our staff via
email within 15 working days. It is the responsibility of
the participants to regularly check their email during
this period. 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.
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 Event deadline, in which case the declining
Participant forgoes any prize or other features associated
with winning the Event. Sponsor reserves the right to
disqualify a Participant at its sole discretion if Sponsor
deems disqualification appropriate.
RECEIVING PRIZES: After verification of eligibility,
Sponsor will contact the winner via email. Any winners
that receive prizes valued over $600 will receive IRS 1099
form in the amount of their prize at the appropriate time
in US. 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: By submitting an entry to the Event, you
agree that you have full right and authority to enter and
participate in the Event. 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 Event 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
Event.
Each Participant is solely responsible for all equipment,
including but not necessarily limited to a camera,
computer, and internet connection necessary to access the
Website and to develop and upload any Submission, as well
as all costs incurred by or behalf of the Participant in
participating in the Event.
By entering a Submission, you represent and warrant that
you have the right and authority to make the Submission on
your own behalf and that your Submission:
· does not contain confidential information; · does not
violate or infringe upon the intellectual property rights,
copyrights, trademarks, rights of privacy, publicity or
other intellectual property or other rights of any person
or entity;
· does not and will not violate any applicable law,
statute, ordinance, rule or regulation;
· does not trigger any reporting or royalty obligation to
any third party.
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 Event,
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 Event
or the Event Prize. Event 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. Event
Sponsor reserves the right to cancel, modify, or suspend
the Event should any causes beyond the control of Event
Sponsor corrupt the administration, security, or proper
play of the Event, 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. Event Sponsor disclaims any liability for damage
to any computer system resulting from participation in, or
accessing or downloading information in connection with,
the Event.
RESERVATION OF RIGHTS: Event Sponsor reserves the right to
modify the dates and deadlines, and the right to modify,
add, or remove additional Event deadlines for any reason.
Sponsor may cancel the Event entirely, not award the
prize, or select an alternate prize if awarding the Event
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 Event Website.
MISCELLANEOUS
PRIVACY: Participants agree that personal data submitted
and any other information provided in connection with the
Event may be processed, shared, and otherwise used for the
purposes and within the context of the Event 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 Event to administer the Event.
SEVERABILITY: The invalidity or unenforceability of any
provision of these Event 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 Event 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 Event;
(b)
Claims arising out of or connected with this Event, 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
Event, 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 Event,
shall be governed by and construed in accordance with, the
laws of Texas in the United States, without giving effect
to any choice of law or conflict of law rules.