LA Contest Terms and Conditions
OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER, WIN OR CLAIM A PRIZE. A PURCHASE OR PAYMENT WILL NOT INCREASE AN ENTRANT’S CHANCES OF WINNING. VOID WHERE PROHIBITED OR RESTRICTED BY LAW. THIS GAME IS INTENDED FOR ENTRY IN THE UNITED STATES AND CANADA (EXCLUDING QUEBEC) ONLY AND WILL BE GOVERNED BY U.S AND CANADIAN LAW. This Sweepstakes is in no way sponsored, endorsed or administered by Instagram, Facebook or YouTube. You understand that you are supplying your information to the Sponsor and not to Instagram, Facebook or YouTube. This Sweepstakes shall not be published without permission of the Sponsor.
SPONSOR / ADMINISTRATORS: The “DUER Los Angeles Giveaway” (“Sweepstakes”) is sponsored (“Sponsor”) by and administered by (“Administrator”) DUER, located at 129 Larchmont Blvd, Los Angeles, CA 90004.
SWEEPSTAKES TIMING / ENTRY PERIODS: The Sweepstakes begins on May 22, 2023 at 12:00 AM Pacific Time (“PT”) and ends on June 30, 2023 at 11:59 PM PT (“Sweepstakes Period”).
There is one (1) prize available to be won as follows:
- One (1) $1,000 USD DUER gift card, redeemable on www.shopduer.com or in-store at any of DUER’s Flagship Stores in Canada and the US.
The Sponsor reserves the right at any time to substitute the Grand Prize (or component thereof) for any reason, so long as a Grand Prize (or component) of comparable value is substituted.
ELIGIBILITY: This Sweepstakes is open only to legal residents of (a) the fifty (50) United States and the District of Columbia who are at least eighteen (18) years of age or the age of majority in their jurisdiction of residence at time of entry (“US Resident Entrants”); and (b) Canada (excluding Quebec) who are at least eighteen (18) years of age or the age of majority in their jurisdiction of residence at time of entry (“Canadian Resident Entrants”). For purposes of these Official Rules US Resident Entrants and Canadian Resident Entrants will be collectively referred to as “Entrants”. Employees, representatives and agents of Sponsor, the Administrator, and each of their respective parent companies, subsidiaries, affiliates, advertising and promotion agencies (collectively, “Sweepstakes Entities”) and each of their immediate family members (i.e., spouse, parent, child, sibling, and their respective spouses and the “steps” of each, regardless of where they reside) and persons living in the same household of each, whether or not related, are not eligible to enter or win. Subject to all federal, state, local and provincial/territorial laws and regulations. Void in Quebec, outside the fifty (50) United States, the District of Columbia and the remaining provinces and territories of Canada and wherever else prohibited or restricted by law. Participation constitutes Entrant’s full and unconditional agreement to these Official Rules and Sponsor/Administrator’s decisions and interpretations, which are final and binding in all matters related to the Sweepstakes.
HOW TO ENTER:
To enter the contest, an entrant has to Opt-in to receive email offers and updates from DUER.
All entries must be submitted by June 30, 2023 at 11:59pm PT (“End Time”). Website tracking determines date and time of entry. DUER (the “Sponsor”), is not responsible for technical, hardware or software malfunctions, lost, delayed or corrupted data transmission, line failures of any network or telephone, or inability to access the website. This contest is not endorsed or sponsored by Instagram or Facebook in any way.
*IMPORTANT: MESSAGE AND DATA RATES MAY APPLY IF AN ENTRANT ENTERS THIS SWEEPSTAKES ON HIS/HER MOBILE DEVICE. NOT ALL MOBILE TELEPHONE/WIRELESS PROVIDERS CARRY THE SERVICE NECESSARY TO PARTICIPATE IN THESE SWEEPSTAKES. ENTRANTS SHOULD CONSULT THEIR WIRELESS PROVIDER'S PRICING PLANS. MOBILE ENTRY IS NOT REQUIRED TO ENTER OR WIN A PRIZE IN THIS SWEEPSTAKES.
Notification / Verification: The potential Prize Winners will be notified by the Sponsor via email within one (1) to three (3) business days from the date in which the drawing takes place (“Email Notification”). Upon receipt of the Email Notification, the potential Prize Winners will be required to click the “Redeem Your Prize” link found within the Email Notification which will lead him/her to the Website. Upon clicking the “Redeem Your Prize” button found in the email, potential Prize Winner will automatically be redirected to his/her Wallet. If the potential Prize Winner is not logged in, he/she will see a message that a login link was sent to his/her email. The potential Prize Winner must return to his/her inbox and click on the login link to log in to his/her Wallet. In the Wallet, the potential Prize Winner will see a digital item that says “You Won”. Potential Prize Winner must tap the “You Won” item, click “Redeem Prize”. Upon clicking “Redeem Prize” (and successfully completing the mathematical skills testing question for Canadian Resident Entrants), Prize Winner will receive an electronic gift card delivered by email.
Sponsor will only make two (2) attempts to reach a potential Prize Winner via the Email Notification within a seventy-two (72) hour time frame. In the event a potential Prize Winner does not respond within a seventy-two (72) hour time frame, the original potential Prize Winner will be disqualified, and an alternate may at the discretion of the Sponsor be selected from the remaining non-winning eligible entries received during the respective Entry Period(s) and notified as outlined above. If a potential Prize Winner is disqualified, found to be ineligible or not in compliance with these Official Rules, or declines to accept the Prize, the respective Prize will be awarded to an alternate as outlined above
Sponsor will attempt to notify each potential prize winner as set forth above, but Sponsor is not responsible for any undelivered e-mails, including without limitation e-mails that are not received because of a prize winner’s privacy or spam filter settings which may divert any Sweepstakes e-mail, including any winner notification e-mail, to a spam or junk folder. The Sponsor’s decisions with respect to the selection of the Prize Winners shall be based on their sole discretion and interpretation of these Official Rules and are final and binding in all respects.
No transfer or substitution of any prize is permitted, except at Sponsor’s sole discretion or as otherwise provided herein. Prize winners are each solely responsible for all federal, state and local taxes if applicable. Except as otherwise set forth herein, unclaimed prizes will not be awarded. All other costs and expenses not expressly set forth herein shall be solely each winner’s responsibility. Prizes that are unclaimed, unredeemed, or returned as undeliverable will not be awarded. Prizes are non-transferable and no prize substitution, exchange or cash equivalent will be allowed, except by Sponsor, who reserves the right to substitute a prize of equal or greater value in case of unavailability of the prize or force majeure, at Sponsor’s sole and absolute discretion. Sweepstakes Entities shall not be held responsible for any delays in awarding the prize for any reason.
LIMITATION OF LIABILITY: By participating in this Sweepstakes, Entrants agree that the Sweepstakes Entities, Instagram, Facebook, and YouTube, and each of their respective affiliates, subsidiaries, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment and marketing agencies, website providers and each their respective officers, directors, stockholders, employees, representatives, designees and agents (“Released Parties”) are not responsible for: (i) lost, late, incomplete, stolen, misdirected, postage due or undeliverable e-mail/text notifications or postal mail; (ii) any computer, telephone, satellite, cable, network, electronic or Internet hardware or software malfunctions, failures, connections, or availability; (iii) garbled, corrupt or jumbled transmissions, service provider/network accessibility, availability or traffic congestion; (iv) any technical, mechanical, printing or typographical or other error; (v) the incorrect or inaccurate capture of registration information or the failure to capture, or loss of, any such information; (vi) any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, technical error, theft or destruction or unauthorized access to the Sweepstakes; (vii) any injury or damage, whether personal or property, to Entrants or to any person's computer related to or resulting from participating in the Sweepstakes and/or accepting a prize; and (viii) entries that are late, forged, lost, misplaced, misdirected, tampered with, incomplete, deleted, damaged, garbled or otherwise not in compliance with the Official Rules. Further, the Sweepstakes Entities are not responsible for any unanswered or undeliverable winner notifications.
By entering the Sweepstakes, each Entrant agrees: (i) to be bound by these Official Rules, including entry requirements; (ii) to waive any rights to claim ambiguity with respect to these Official Rules; (iii) to waive all of his/her rights to bring any claim, action or proceeding against any of the Released Parties in connection with the Sweepstakes; and (iii) to forever and irrevocably agree to release and hold harmless each of the Released Parties from any and all claims, lawsuits, judgments, causes of action, proceedings, demands, fines, penalties, liability, costs and expenses (including, without limitation, reasonable attorneys’ fees) that may arise in connection with: (a) the Sweepstakes, including, but not limited to, any Sweepstakes-related activity or element thereof, and the Entrant’s entries, participation or inability to participate in the Sweepstakes; (b) the violation of any third-party privacy, personal, publicity or proprietary rights; (c) acceptance, attendance at, receipt, travel related to, participation in, delivery of, possession, defects in, use, non-use, misuse, inability to use, loss, damage, destruction, negligence or willful misconduct in connection with the use of a prize (or any component thereof); (d) any change in the prizing (or any components thereof); (e) human error; (f) any wrongful, negligent, or unauthorized act or omission on the part of any of the Released Parties; (g) lost, late, stolen, misdirected, damaged or destroyed prizing (or any element thereof); or (h) the negligence or willful misconduct by Entrant.
If, for any reason, the Sweepstakes is not capable of running as planned, Sponsor reserves the right, at its sole and absolute discretion, to cancel, terminate, modify or suspend the Sweepstakes and/or proceed with the Sweepstakes, including the selection of a winner in a manner it deems fair and reasonable, including the selection of a winner from among eligible entries received prior to such cancellation, termination, modification or suspension. In no event will more prizes be awarded than are stated in these Official Rules. In the event that, due to technical, typographical, mechanical, administrative, printing, production, computer or other errors, there are more winners than are stated in these Official Rules, a random drawing among the claimants will be held to determine the prize winners.
WITHOUT LIMITING THE FOREGOING, EVERYTHING REGARDING THIS SWEEPSTAKES, INCLUDING THE PRIZES, ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
DISPUTES (US RESIDENTS ONLY): THIS SWEEPSTAKES IS GOVERNED BY, AND WILL BE CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF NEW YORK AND THE FORUM AND VENUE FOR ANY DISPUTE SHALL BE IN MONROE COUNTY, NEW YORK. IF THE CONTROVERSY OR CLAIM IS NOT OTHERWISE RESOLVED THROUGH DIRECT DISCUSSIONS OR MEDIATION, IT SHALL THEN BE RESOLVED BY FINAL AND BINDING ARBITRATION ADMINISTERED BY JAMS IN ACCORDANCE WITH ITS ARBITRATION RULES AND PROCEDURES OR SUBSEQUENT VERSIONS THEREOF (“JAMS RULES”). THE JAMS RULES FOR SELECTION OF AN ARBITRATOR SHALL BE FOLLOWED, EXCEPT THAT THE ARBITRATOR SHALL BE EXPERIENCED AND LICENSED TO PRACTICE LAW IN NEW YORK. ALL PROCEEDINGS BROUGHT PURSUANT TO THIS PARAGRAPH WILL BE CONDUCTED IN MONROE COUNTY, NEW YORK. THE REMEDY FOR ANY CLAIM SHALL BE LIMITED TO ACTUAL DAMAGES, AND IN NO EVENT SHALL ANY PARTY BE ENTITLED TO RECOVER PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED, INCLUDING ATTORNEYS’ FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF. ENTRANTS AGREE THAT THE RIGHTS AND OBLIGATIONS OF ANY ENTRANT AND/OR SWEEPSTAKES ENTITIES AND/OR ANY OTHER PARTY SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION. ANY DEMAND FOR ARBITRATION MUST BE FILED WITHIN ONE (1) YEAR FROM THE END OF THE SWEEPSTAKES PERIOD, OR THE CAUSE OF ACTION SHALL BE FOREVER BARRED.
PRIVACY: The collection of personal information provided in connection with this Sweepstakes will be used in accordance with the Co-Administrator/Sponsor’s privacy policies located online at the following website pages: https://shopduer.com/pages/privacy-policy. Upon entering this Sweepstakes, your email address will be added to Sponsor’s email marketing list. Entrants may unsubscribe to Sponsor’s email marketing list at any time without impacting his/her chances of winning.
PUBLICITY RIGHTS: By participating in this Sweepstakes, each Entrant agrees to allow the Sponsor and Sponsor’s designee the perpetual right to use his/her name, address (city and state/province/territory), biographical information, likeness, picture, video and other information and content provided in connection with the Sweepstakes for promotion, trade, commercial, advertising and publicity purposes in all media worldwide including, but not limited to, on television and the Internet, without notice, review, or approval and without additional compensation, except where prohibited by law.
GENERAL: Any attempted form of participation in this Sweepstakes other than as described herein is void. Sponsor and Administrator reserve the right to disqualify any Entrant found or suspected, in their sole and absolute discretion, to be tampering with the operation of the Sweepstakes; to be acting in violation of these Official Rules; or to be acting in an unsportsmanlike manner or with the intent to disrupt the normal operation of this Sweepstakes. Any attempted form of participation in this Sweepstakes other than as in these Official Rules is void. If it is discovered that a person has registered or attempted to register more than once using multiple phone numbers, e-mail addresses, residential addresses, multiple identities, IP addresses, use of proxy servers, or like methods, all of that person’s entries will be declared null and void and that person will not be awarded any prize that he/she might have been entitled to receive. Any use of robotic, automatic, macro, programmed, third party or like methods to participate in the Sweepstakes will void any attempted participation effected by such methods and the disqualification of the individual utilizing the same. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. If any provision of these Official Rules or any word, phrase, clause, sentence, or other portion thereof should be held unenforceable or invalid for any reason, then that provision or portion thereof shall be modified or deleted in such manner as to render the remaining provisions of these Official Rules valid and enforceable. The invalidity or unenforceability of any provision of these Official Rules or the prize documents will not affect the validity or enforceability of any other provision. No Entrant shall have the right to modify or amend these Official Rules. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision and such provision shall remain in full force and effect. All entries and/or materials submitted become the property of Sponsor and will not be returned. In the event of any conflict with any Sweepstakes details contained in these Official Rules and Sweepstakes details contained in any promotional materials (including but not limited to point of sale, television and print advertising, promotional packaging and other promotional media), the details of the Sweepstakes as set forth in these Official Rules shall prevail.
WINNERS LIST: For the names of the prize winners or a copy of these Official Rules, please submit a self-addressed, stamped envelope by July 31, 2023 to “DUER Los Angeles Giveaway”, 1476 w 8th Ave, Vancouver BC, V6H 1E1 CANADA.
