Operation No B.O. — Terms And Conditions
BRAVO SIERRA CONTEST
Eligibility: Contest is open only to legal residents of the United States (including Puerto Rico but excluding Guam and all other U.S. and foreign territories and possessions not otherwise mentioned herein) who are 18 years of age or older and the age of majority in their state or territory of primary residence as of the date of entry, Contest is not open to employees, independent contractors, officers, directors, agents or representatives of Arjolo, Inc., dba Bravo Sierra (“Sponsor”), or of Sponsor’s parents, affiliates, subsidiaries, successors and/or assigns, or of Sponsor’s advertising, promotion and fulfillment agencies, and legal advisors (all such persons and entities are referred to collectively as, the “Contest Entities”) and the immediate family members (mother, father, brother, sister, daughter, son or spouse, regardless of where they live) and persons living in the same household (whether or not related) of any of the foregoing.
Sponsor: Bravo Sierra or “Sponsor”.
Agreement to Official Rules: By entering this Contest, each entrant acknowledges he/she has read, understands and will abide by these Official Rules. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrants and/or Sponsor in connection with this Contest, shall be governed by and construed in accordance with, the laws of the State of New York, without regard to the conflict of laws principles.
Contest Period: The Contest begins on 11/12/19 at 12:00am Eastern Time (ET) and ends on 11/27/19 at 12:00am ET (the “Contest Period”). Entries must be received by the end of the Contest Period.
How to Enter: To enter the Contest, please follow the instructions listed at www.bravosierra.com/operationNoBO. Your Submission must also comply with all of the Submission Requirements listed below.
Submission Requirements: Your Submission must comply with these Official Rules, including all of the following Submission Requirements:
- No person other than you, the entrant, may be included in the Submission.
- You must own all rights to the Submission.
- The Submission must not contain any visible third-party trademarks, names, logos, drawings, cartoons, or phrases.
- The Submission is your original work (modifying, enhancing or altering a third-party’s pre-existing work does not qualify as your original work), and has been legally obtained and created, does not infringe the intellectual property, privacy or publicity rights or any other legal or moral rights of any third party, or violate applicable laws, or regulations, has not been entered in or won previous contest, contests or awards, and has not been published previously in any medium (other than on a website where you retain the rights to use, modify and remove the Submission).
- The Submission must not contain any libelous or defamatory statements or discriminatory language or material, or other language or material not suitable for a public forum, including but not limited to words, symbols and images that are considered offensive to, or biased against, individuals of a certain race, ethnicity, religion, sexual orientation or socioeconomic group (as determined in Sponsor’s sole discretion).
- The Submission must not contain any nudity, lewd, hateful, vulgar, indecent or obscene behavior, language or material (as determined in Sponsor’s sole discretion), or any other material that is unlawful, harmful, in violation of or contrary to the laws or regulations in any state where the Submission is created, invasive of another's privacy, abusive, tortious, threatening or harassing to any individual, partnership or corporation, or is otherwise deemed by Sponsor to be objectionable or otherwise unsuitable for a public forum.
- The Submission must not contain any images of medical conditions or claims of medical effectiveness.
- The Submission must not contain any advertisements, "junk mail," "chain letters," "pyramid schemes," “spam” content or references to other products, offers or websites, or any other form of solicitation.
- The Submission must not contain any email addresses, URLS to other websites, phone numbers, physical addresses or other forms of contact or personal information.
Sponsor may, in its sole discretion, disqualify a Submission that does not comply with these Submission Restrictions or that Sponsor otherwise deems to be inappropriate or unresponsive in its sole discretion. In the event of disqualification, the Submission will not be entered into the Contest.
By providing a Submission, each entrant understands and agrees that the entrant’s Submission may be accessible for viewing by the general public and any such posting will be deemed made at the direction of the entrant within the meaning of the Digital Millennium Copyright Act and the Communications Decency Act.
Release of Liability:
- Transmission of Information. Neither Sponsor, Administrator, the Promotion Entities, prize suppliers, nor any of their respective parent, subsidiary or affiliated entities or any of their respective shareholders, officers, directors, employees, agents, attorneys, successors and assigns (the “Released Parties”) are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrant, printing, typographical or other errors or by any of the equipment or programming associated with or utilized in this Contest; (2) technical failures of any kind, including, but not limited to, malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or this Contest; (4) printing, typographical, technical, computer, network or human error which may occur in the administration of this Contest, the uploading, the processing or random selection of entries, the announcement of the Prizes or in any Contest-related materials; (5) late, lost, garbled, misdirected, inaccurate, incorrect, undeliverable, damaged or stolen entries or mail; (6) costs associated with claiming or redeeming the prizes; nor (7) loss or damages resulting from an entrant’s connection to the internet via any of the websites contained herein. Released Parties are not responsible for any incorrect, mistranscribed, misdirected or undeliverable entries, Email transmissions, incorrect announcements of any kind, or for any technical problems of any kind, malfunctions of computer systems, servers, providers, hardware/software, lost or unavailable network connections or failed, incomplete, garbled or delayed computer transmission or any combination thereof. Sponsor assumes no responsibility for late, lost, incomplete, inaccurate or damaged entries, or undeliverable E-mails resulting from any form of active or passive E-mail filtering by a user's Internet service provider and/or E-mail client or for insufficient space in user's E-mail account to receive E-mail. Sponsor does not accept responsibility for any damage (whether material or non-material) caused to entrants, to their computer equipment or to data which is stored on them, or to their personal, professional or commercial activities. Proof of submitting entries will not be deemed to be proof of receipt by Sponsor or Administrator.
- Fraud; Reservation of Rights. Sponsor reserves the right to cancel, suspend, and/or modify this Contest, or any part of it, if any fraud, technical failures or any other factor impairs the integrity or proper functioning of this Contest, as determined by Sponsor in its sole discretion. If terminated, Sponsor may, in its sole discretion, determine winners from among all non-suspect, eligible entries received up to time of such action or as otherwise deemed fair and appropriate by Sponsor. Administrator, in its sole discretion, reserves the right to disqualify any individual it finds to be tampering with the entry process or the operation of this Contest or to be acting in violation of the Official Rules of this or any other promotion or in an unsportsmanlike or disruptive manner and void all associated entries. The preceding in no way precludes Sponsor from taking other actions against such individuals so as to protect its rights. Sponsor’s failure to enforce any provision of these Official Rules in a given circumstance does not constitute the waiver of such provision.
- Release and Indemnity. By participating, entrant indemnifies, releases and agrees to hold harmless the Released Parties, their parents, affiliates, members and subsidiaries, and other entities involved in the development / production / administration of the Contest, and the directors, officers, agents, representatives, shareholders, employees, successors and assigns of any of the above organizations, from any and all liability for loss, harm, damage, injury, cost or expense whatsoever, including without limitation, property damage, personal injury (including emotional distress), and/or death, arising from participating in the Contest, any Contest-related activity and/or acceptance, receipt, possession or use/misuse of any prize and for any claims or causes of action based on publicity rights, defamation or invasion of privacy and merchandise delivery.
Dispute Resolution/Governing Law: To the fullest extent permitted by law, by participating in the Contest, you agree that: (a) any action at law or in equity arising out of or relating to these Official Rules or this Contest shall be filed exclusively in the federal or state courts of the State of New York, and you hereby consent and submit to the personal and exclusive jurisdiction of such courts for the purposes of litigating any such action; (b) any such action shall be resolved individually, NOT as part of a class action; (c) any claims/judgments/awards shall be limited to actual out-of-pocket costs incurred in entrant’s entry into the Contest (if any), but NOT attorneys’ fees, special damages, punitive damages, or consequential damages of any kind (including lost wages). These Official Rules and Contest shall be governed by the internal, substantive laws of the State of New York, without regard to principles of choice of laws/conflict of laws of the State of New York or of any other jurisdiction.
FORCE MAJEURE: If, for any reason, the Contest (or any part thereof) is not capable of running as planned by reason of computer virus, bug, system malfunction, tampering, unauthorized intervention, fraud, technical failures, fire, flood, storm or other natural cataclysm, riot, strike, civil commotion, governmental regulation or any other causes beyond the control of Sponsor which, in its sole opinion, corrupt or affect the administration, security, fairness, integrity or proper conduct of the Contest (or any part thereof), Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Contest and conduct the Contest selecting the prize winner(s) from among all Eligible Entries received for such affected Entry Period prior to the action taken by Sponsor or otherwise in a manner which is fair, equitable and in accordance with these Official Rules, as determined by Sponsor in its sole discretion.
Winner Requirements: Each prize winner, as selected randomly by a random name generator entity, shall be required to verify name and complete address and to execute and return to the Administrator within four (4) days an affidavit of eligibility/ W-9 taxpayer identification form and liability/publicity release covering eligibility, liability, advertising, publicity unless prohibited by law. Prize shall not be awarded until all such properly executed forms are returned. Prize winner will be notified by phone and/or by email or mail or express mail using the contact information provided at the time of entry. Administrator and Sponsor shall have no liability for any potential prize winning notification that is lost, intercepted or not received by any potential prize winner for any reason. If, despite reasonable efforts, any potential prize winner does not respond within (2) days of the first notification attempt, or if the prize notification or prize is returned as unclaimed or undeliverable to such potential prize winner, the potential prize winner will forfeit his or her prize and an alternate winner may be selected from remaining eligible entries with the highest Judges score. If any potential prize winner is found to be ineligible, or if he or she has not complied with these Official Rules or declines a prize for any reason prior to award, such potential prize winner will be disqualified and an alternate winner may be selected from remaining eligible entries with the highest Judges score.
Winners List: For a winners list or a copy of these Official Rules, send a self-addressed stamped envelope for receipt by 12/31/19 , to: Bravo Sierra, Operation NoBO, 265 Canal Street, suite 510, New York, NY 10013
Prize(s): $10,000 cash payment.
The winner will be picked randomly on 11/27/19.
Prizes are non-refundable and non-transferable, cannot be combined with any other special offer or promotion and must be accepted as awarded.
Prizes may not be exchanged for cash value or substituted, except that Sponsor reserves the right in its sole discretion to substitute with either the cash value of a prize, or a prize or prizes of equal or greater value. Prizes are provided “AS-IS” without warranty of any kind, either express or implied, and sponsor hereby disclaims all such warranties, including but not limited to, the implied warranties of merchantability and fitness for a particular purpose. Applicable federal, state, or local taxes and any other costs or expenses associated with the prizes or the use or redemption thereof is the sole responsibility of the winner. The prizes will be awarded, and will be delivered to the confirmed winner to a valid U.S. address within (Time Frame) of the determination of the winner.