Pool Day Sweepstakes Official Rules

LOVE AND XO JULIA

POOL DAY SWEEPSTAKES RULES

NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. ALL FEDERAL, STATE, LOCAL, AND MUNICIPAL LAWS AND REGULATIONS APPLY. VOID WHERE PROHIBITED. PARTICIPATION IN THE SWEEPSTAKES CONSTITUTES YOUR AGREEMENT TO AND ACCEPTANCE OF THE OFFICIAL RULES (“RULES”) BELOW. 

A DECLARATION OF ELIGIBILITY/ PRIZE ACCEPTANCE DOCUMENTS WILL BE REQUIRED. All disputes will be resolved solely by binding arbitration. You may opt out of arbitration by sending an email to hello@loveandxojulia.com within 15 days of your initial participation in this sweepstakes. 

SPONSOR. This sweepstakes is sponsored by LOVE AND XO JULIA LLC, an Oregon limited liability company (“Sponsor”), with a mailing address of 3 MONROE PKWY STE P # 444, LAKE OSWEGO, OR 97035.  

1. ELIGIBILITY

This Love and XO Julia Pool Day Giveaway Sweepstakes (the “Sweepstakes”) is open to legal residents of any of the fifty (50) United States and the District of Columbia who are at least (a) the age of majority in their state of residence (which is generally eighteen (18) years of age in most states); or (b) at least 13 years of age, and have permission and consent from their parent or legal guardian to enter into the Sweepstakes (for each of the foregoing, “entrant” or “you”). Employees of Sponsor and other companies associated with the promotion of the Sweepstakes, and their respective parents, subsidiaries, affiliates and advertising and promotion agencies as well as the immediate family (spouse, parents, siblings, and children) and household members of each such employee are not eligible. Additional provisions affecting the eligibility of entrants is found in other parts of these Rules below.  The Sweepstakes is subject to federal, state, and local laws and regulations.  

2. AGREEMENT TO RULES. 
Participation in the Sweepstakes constitutes your agreement to and acceptance of these Sweepstakes Rules (“Rules”) and the decisions of the Sponsor, which are final and binding. Winning the Grand Prize is contingent upon being and staying compliant with these Rules.

3. SWEEPSTAKES PERIOD

The Sweepstakes begins on June 7, 2021 at 12:00AM PDT and ends on June 21, 2021 at 11:59 PM PST (the “Sweepstakes Period”). Entries that are submitted before or after the Sweepstakes Period will be disqualified. 

4. HOW TO ENTER

A. INITIAL ENTRY

During the Sweepstakes Period, each eligible entrant may submit one (1) entry (“Entry”) into the Sweepstakes at https://loveandxojulia.com/pages/pool-day-giveaway-2021 (the “Website”) by following the instructions on the Website.

B. ALTERNATIVE ENTRY METHOD

On a postcard or a card that is no smaller than 3 ½ by 5 inches, each eligible entrant may handwrite their name, mailing address, phone number and age and mail with proper postage to: LOVE AND XO JULIA POOL DAY SWEEPSTAKES, 3 MONROE PKWY STE P # 444, LAKE OSWEGO, OR 97035. All information provided to Sponsor must be true, accurate, and complete. There is a limit of one (1) write-in entry per envelope/postcard. Each envelope/postcard is considered one (1) Entry into the Sweepstakes. Multiple entries submitted or completed by anyone other than the Entrant are void. No mechanical reproductions will be accepted. Write-in entries must contain all entry fields outlined above; otherwise, they are void and will not be eligible to win.

MAXIMUM NUMBER OF ENTRIES AND ADDITIONAL TERMS

Regardless of the entry method used to enter the Sweepstakes, there is a limit of one hundred (100) Entries per eligible entrant for the entire Sweepstakes Period. Any attempt by an entrant to obtain more than the stated number of entries by using multiple/different identities, and/or any other methods will void that Entrant’s entry and that Entrant may be disqualified from the Sweepstakes. Entries submitted by anyone other than the entrant are void. In case of dispute as to the identity of any Entrant, entry will be declared made by the registered name and address on such entry. Any potential prize winner may be requested to provide Sponsor with proof that such person is the prize winner. All Entries become the property of Sponsor and will not be acknowledged or returned.

5. RANDOM DRAWING; grand PRIZE

On or about June 21, 2021 Sponsor will tally the number of eligible Entries received. One winner of a grand prize (“Grand Prize”) will be randomly selected from among all eligible Entries received during the Promotion Period. The odds of winning will depend on the total number of eligible Entries received during the Promotion Period. Although approximate numeric odds of winning are not known at this time, Sponsor believes that in general, many Entries will be received, but only one Grand Prize winner will win.  

The Grand Prize consists of: One inflatable mini pool, one inflatable chase lounge, two pool towels, one cooler bag, one Polaroid camera, one Love and XO Julia pool bag, and a 3 month subscription to XO Insiders. The Grand Prize is valued at up to $461. The Grand Prize is awarded “as is” with no warranty or guarantee, either express or implied by Sponsor. The Grand Prize consists of only the items specifically listed as part of the prize in these Official Rules and prize details not specified herein shall be determined solely by Sponsor. Grand Prize will be shipped to the winner within 7 business days of winner providing Love and XO Julia with winner’s shipping address, and executing a form of Declaration of Eligibility and Release provided by Sponsor.  The Declaration of Eligibility and Release will include provisions permitting Sponsor to use the Grand Prize winner’s name and likeness as part of Sponsor’s marketing and promotional materials, as well as other provisions common to legal documents of the type used to award sweepstakes prizes as part of a sponsor’s marketing and promotional efforts.  Sponsor will select a shipping carrier in Sponsor’s sole discretion, and Sponsor will have no responsibility for damage or destruction of Grand Prize in transit.

6. WINNER NOTIFICATION
This section is only applicable to eligible entrants who qualify for the Grand Prize. Sponsor will attempt to notify the potential winner(s) via email or mail (depending on the type of winning Entry) on or about June 22, 2021. The potential winner will be required to respond to Sponsor within five (5) days of the date of notice or attempted notice is sent, in order to claim your Grand Prize. If Sponsor is unable to contact you at after a reasonable attempt to do so, or the potential winner fails to respond appropriately within the required time period and execute the Declaration of Eligibility and Release in a form satisfactory to Sponsor in its sole discretion, or the Grand Prize is returned as undeliverable, the potential winner will forfeit the Grand Prize, and Sponsor reserves the right to hold another random drawing in order to identify an eligible winner for the Grand Prize, but shall not be obligated to do so. If the Grand Prize winner is under eighteen (18) and still considered a minor in their jurisdiction of residence, Sponsor reserves the right to place the Grand Prize in the name of the winning entrant’s parent or legal guardian, who will be required to sign the Declaration of Eligibility and Release on the winner’s behalf and fulfill any other requirements imposed by these Rules. Receiving the Grand Prize of any type is contingent upon fulfilling all requirements and compliance with these Rules. In the event that the Grand Prize recipient is disqualified for any reason, Sponsor is not obligated to provide an alternate Grand Prize, or extend the Sweepstakes Period in any way. 

7. GENERAL CONDITIONS

In the event that the operation, security, or administration of the Sweepstakes is impaired in any way for any reason, including, but not limited to fraud, technical problems, security malfunctions or in the event the Sweepstakes is unable to run as planned for any other reason, as determined by Sponsor in its sole discretion, Sponsor may, in its sole discretion, either: (1) suspend the Sweepstakes to address the impairment and then resume in a manner that best conforms to the spirit of these Rules; or (2) terminate the Sweepstakes and, in the event of termination, no participant shall be eligible for the Grand Prize of any type. 

Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the operation of the Sweepstakes or to be acting in violation of these Rules or in a disruptive manner. Any attempt by any person to damage the website or undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages (including attorneys fees) and any other remedies from any such person to the fullest extent permitted by law. Failure by Sponsor to enforce any provision of these Rules shall not constitute a waiver of that provision.

Participating individuals have been advised of the existence of Section 1542 of the California Civil Code which provides: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE WHICH, IF KNOWN BY HIM OR HER, MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. 

Notwithstanding Section 1542 of the California Civil Code, entry and participation in the Sweepstakes shall constitute a full release of liability of Sponsor to the maximum possible extent under applicable law.  Each eligible entrant knowingly and voluntarily acknowledge and agree that this waiver is an essential and material term of these Rules and that without such waiver, Sponsor would not have accepted the entry. 

8. RELEASE AND LIMITATIONS OF LIABILITY
By participating in the Sweepstakes, you agree to release and hold harmless Sponsor, and each of its respective parents, subsidiaries, affiliates, advertising and promotion agencies, other companies associated with the Sweepstakes, and each of their respective officers, directors, employees, shareholders, representatives, members, managers, and agents (together, “Released Parties”) from and against any claim or cause of action arising out of participation in the Sweepstakes or receipt of the Grand Prize, including, but not limited to: (a) any technical errors associated with the Sweepstakes, including lost, interrupted or unavailable Internet Service Provider (ISP) OR EMAIL DELIVERY TO YOUR INBOX, network, server, or wireless service provider; (b) unauthorized human intervention in the Sweepstakes; (c) mechanical human, printing or typographical errors; or (d) injury, death, losses or damages of any kind, to persons or property which may be caused, directly or indirectly, in whole or in part, from your participation in the Sweepstakes or acceptance, receipt or misuse of any Grand Prize you may receive. You further agree that in any cause of action, the Released Parties’ liability, if any, will be limited to TWENTY FIVE AND 00/100 DOLLARS ($25.00), and in no event shall the entrant be entitled to receive attorney’s fees. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by site users, tampering, hacking, or by any equipment or programming associated with or utilized in the Sweepstakes. 

9. PRIVACY & INFORMATION SUBMITTED

As a condition of entering the Sweepstakes, you give consent for Sponsor to obtain and deliver his or her name, address and other information to third parties for the purpose of administering or hosting this Sweepstakes and to comply with applicable laws, regulations and rules.  Any information you provide to Sponsor may be used to communicate with you in relation to this Sweepstakes or on a Sweepstakes Winner’s list.  

Separately and in addition, as a condition of entering the Sweepstakes, you give consent for Sponsor to use the contact information you provide (such as email and mailing address) to send you information and promotional communications, whether relating to the Sweepstakes or to the Sponsor’s activities, services, and products in general. Information submitted in connection with the Sweepstakes will be treated in accordance with the Sponsor’s Privacy Policy. 

For the name of the Grand Prize winner, available on or about June 22, 2021, send a self-addressed, stamped envelope and a note requesting the name of the winner to LOVE AND XO JULIA POOL DAY SWEEPSTAKES, 3 MONROE PKWY STE P # 444, LAKE OSWEGO, OR 97035.

10. MISCELLANEOUS. 

The invalidity or unenforceability of any provision of these Rules or the prize acceptance documents will not affect the validity or enforceability of any other provision.  In the event that any provision of the Rules is determined to be invalid or otherwise unenforceable or illegal, the other provisions will remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.  Sponsor’s failure to enforce any term of these Rules will not constitute a waiver of that provision.  You agree to waive any rights to claim ambiguity of these Rules.  Headings are solely for convenience of reference and will not be deemed to affect in any manner the meaning or intent of the documents or any provision hereof. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Sweepstakes-related materials, privacy policy or terms of use on the Site and/or the terms and conditions of the Rules, the Rules shall prevail, govern and control.

11. ARBITRATION.
Any dispute or claim that arises out of or that relates to the Sweepstakes or these Rules, or to the interpretation or breach thereof, or to the existence, validity, or scope of this agreement or this agreement to arbitrate, shall be resolved by arbitration in accordance with the then effective arbitration rules of (and by filing a claim with) Arbitration Service of Portland, Inc. (“ASP”), and judgment upon the award rendered pursuant to such arbitration may be entered in any court having jurisdiction thereof.  A party may seek from a court an order to compel arbitration, or any other interim relief or provisional remedies pending an arbitrator’s resolution of any dispute, controversy, or claim.  Any such action, suit, or proceeding – or any action, suit, or proceeding to confirm, vacate, modify, or correct the award of the arbitrator – will be litigated in courts located in Multnomah County, Oregon, and for all purposes of the foregoing each party consents and submits to the jurisdiction of any local, state, or federal court located in Multnomah County, Oregon.  Each party is responsible for paying its own filing, administrative and arbitrator fees.

These Rules shall be governed by, and construed in accordance with, the laws of Oregon, without giving effect to any choice of law or conflict of law rules, which would cause the application of the laws of any jurisdiction other than Oregon. Except where prohibited, you agree that any and all disputes, claims and causes of action arising out of, or connected with, the Sweepstakes or any Grand Prize awarded shall be resolved by binding arbitration as provided above, without resort to any form of class action.