NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR TO WIN THIS CONTEST. A PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING. THIS CONTEST IS OPEN TO LEGAL RESIDENTS OF NEVADA AND IS GOVERNED BY US LAW. MUST BE 21 YEARS OF AGE OR OLDER TO PARTICIPATE.
- CONTEST PERIOD
- HOW TO ENTER
- DRAWINGS AND NOTIFICATION
- PERSONAL INFORMATION
- LIMITATIONS OF LIABILITY AND RELEASES
- GENERAL CONDITIONS
The Hervé Contest (the “Contest”) is open to legal residents of Nevada who have reached the age of 21 years or older at the time of entry. You are not eligible to enter if you are an officer, director, employee, agent, or representative of, or a member of the immediate family (defined as parent, sibling, children and/or spouse regardless of where they live) of, or domiciled with (whether related or not) any such officer, director, employee, agent or representative of Hervé. (the “Sponsor”), it’s respective advertising or promotional agencies, any independent contest judging organization, each of their respective parent, subsidiary, affiliated and related companies, any suppliers of materials and services related to this Contest, or any of the Nevada cannabis agencies, boards, commissions, branches, retailers, distributors/wholesalers and llicense holders (the “Authorities”). The Sponsor, Hervé, their respective advertising and promotional agencies, any independent contest judging organization, the Authorities, the parent, subsidiary, affiliate and related entities of each of the foregoing and all of their respective officers, directors, owners, employees, agents, representatives, successors and assigns shall be referred to herein as the “Contest Entities”. The state cannabis authorities are not connected with this Contest in any manner whatsoever and are not liable in any way whatsoever in any regard to any matter which is related to this Contest.
- CONTEST PERIOD
This Contest commences at 12:01AM EST on Oct 1st 2020 and ends at 11:59PM EST on Dec 31st, 2020 (the “Contest Period”). To be eligible, Entries (defined below) must be received by Sponsor during the Contest Period.
- HOW TO ENTER:
To Enter With Purchase: During the Contest Period, obtain your unique Code (“Code” upon entry to Hervé.
No Purchase Entry: To enter without purchase, test contest code to 20555 for automatic (“No Purchase Entry”). One No Purchase Entry request permitted per person per week. No Purchase Entry requests must be received by December 31st, 2020 to allow sufficient time for processing.
There are 3 grand prizes per entry location:
– 3 x Hervé Hat and T-Shirt and coupon for 50% off Hervé Le Mirage dispenser
Launch Prize: There are 1,000 Launch Prizes (the “Launch Prize”) available to be won ranging in value from $5.00 to $10.00. Each Launch Prize will be assigned a random, computer-generated time stamp. Each Launch Prize will be awarded to the first entrant to text (subject to compliance with these Official Rules, as determined by the Sponsor at its sole discretion) on or immediately after the predetermined time-stamp associated with such Launch Prize, as determined by the Sponsor in its sole discretion on the basis of its records during the Contest Period. The clock of the Sponsor’s server shall be the sole determinant of the time for the purposes of this Contest.
Prizes must be accepted as awarded, are not transferable, cannot be substituted and are not redeemable for cash or otherwise. The Sponsor reserves the right, in its sole discretion, at any time to substitute a Grand Prize and/or Launch Prize (each a “Prize”) (or component thereof) for any reason so long as a prize (or component) of equal or greater monetary value is substituted. Sponsor makes no representations or warranties with respect to any prize. No cannabis is included in any part of any prize.
- DRAWINGS AND NOTIFICATION
Three (3) selected entrants will be notified within approximately twenty-four (24) hours of the applicable Draw Date at the telephone number used to submit the Entry. Communication will be entered into only with selected entrants. Before being declared a winner of the Grand Prize, each selected entrant must click on the link in the text within twenty-four (24) hours, complete the form (including name, email, phone number and date of birth) and first correctly answer without assistance of any kind, whether mechanical or otherwise, a mathematical skill-testing question. Each selected entrant will also be required to complete and return to Sponsor (or its authorized agent), by the deadline specified in the documents, a written Declaration and Release of Liability (the “Declaration and Release”), which, among other things: (a) confirms compliance with these Official Rules; (b) acknowledges acceptance of the Prize as awarded; (c) releases the Contest Entities from any liability in connection with this Contest or the receipt, possession, use or misuse of the Prize or any part thereof; and (d) agrees to the publication, reproduction and/or other use of his/her name, address, voice, statements about the Contest and/or photograph or other likeness without further notice or compensation, in any publicity or advertisement carried out by, or on behalf of, the Sponsor in any manner whatsoever, including print, broadcast or the internet. Grand Prizes will be delivered to the address provided in the applicable form within 30 business days of being declared the winner.
Inability to reach selected entrant or failure by any selected entrant to click on the link in the text within twenty-four (24) hours, or complete, sign and return the Declaration and Release, or any other required documentation, as applicable within five (5) business days after notification is sent, or the return of winner notification as undeliverable, or failure to provide proof of eligibility (if requested), or other non-compliance with these Official Rules may result in forfeiture of the Grand Prize and selection of an alternate winner by random draw in Sponsor’s sole and absolute discretion, who will be subject to disqualification in the same manner, until the Grand Prize has been awarded. If no qualified winner can be declared within ten (10) days of the applicable Grand Prize draw date, the Grand Prize may be forfeited in its entirety in the sole discretion of the Sponsor. Failure of the selected entrant to correctly answer the skill-testing question will result in disqualification, forfeiture of the Grand Prize, and Sponsor may in its sole and absolute discretion, randomly select an alternative Entry from among all remaining eligible Entries, who may be subject to disqualification in the same manner. The winning Entry will be removed from the entries eligible for the next Draw Date during the Contest Period. Entries not selected will remain in the pool of Entries until selected or the end of the Contest Period (whichever comes first).
- PERSONAL INFORMATION
- LIMITATIONS OF LIABILITY AND RELEASES
BY PARTICIPATING IN THIS CONTEST, ENTRANTS AGREE THAT THE CONTEST ENTITIES HAVE NO LIABILITY WHATSOEVER FOR, AND SHALL BE HELD HARMLESS BY ENTRANTS AGAINST, ANY LIABILITY FOR ANY INJURIES, LOSSES OR DAMAGES OF ANY KIND (INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES) TO PERSONS OR PROPERTY RESULTING FROM: A) ENTRY OR PARTICIPATION IN THIS CONTEST OR ANY CONTEST-RELATED ACTIVITY, INCLUDING ACCESS TO AND USE OF THE CONTEST WEBSITE, OR B) ANY CLAIMS BASED ON PERSONALITY OR PRIVACY RIGHTS, DEFAMATION OR MERCHANDISE DELIVERY OR C) AWARDING, RECEIPT, POSSESSION, USE OR MISUSE OF ANY PRIZE. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, therefore such exclusions may not apply to you.
Without limiting the foregoing, the Contest Entities shall not be responsible for: (a) any incomplete or inaccurate information that is caused by any Contest application or contest website users, or by any of the equipment or programming associated with or utilized in the Contest, or by any technical or human error which may occur in the processing of submissions in the Contest; (b) lost, interrupted, or unavailable network, server, service provider, on-line systems, telephone networks or telephone lines, or any other connections; (c) the theft, destruction, loss or unauthorized access to, or alteration of, Entries; (d) any problems with, or malfunctions or failures of, telephone networks or lines, computers or computer on-line systems, servers or providers, computer equipment, software, viruses or bugs; (e) garbled transmissions or miscommunications; (f) failure of any e-mail or text message to be received by or from any independent contest judging organization or Sponsor for any reason, including but not limited to traffic congestion on the Internet or at any website or combination thereof or technical incompatibility; (g) damage to a user’s phone or computer equipment (software or hardware) occasioned by participation or downloading of materials related to this Contest; (h) printing, distribution, programming or production errors, and any other errors or malfunctions of any kind, whether human, mechanical, electronic or otherwise; or (i) technical, pictorial, typographical or editorial errors or omissions contained herein.
- GENERAL CONDITIONS
By entering, entrants agree to be bound by these Official Rules and the decisions of the Sponsor, which shall be final and binding in all matters pertaining to this Contest. The selected entrants of the Grand Prizes and Launch
Prizes will be required to follow all directions and instructions of the Sponsor or his/her Prize may be forfeited.
This Contest is subject to all applicable federal, state and municipal laws and is void where prohibited. All Entries become the property of Sponsor and none will be returned or acknowledged. All Entries are subject to verification at any time. Automated Entries (including but not limited to Mass Entries, Entries submitted using any bot, script, macro or Contest service), copies, third-party Entries, facsimiles and/or mechanical reproductions are not permitted and will be disqualified. PINs obtained through unauthorized sources or which are not original or are altered, reproduced, stolen, forged, counterfeited, irregular or that contain printing or other errors are void. The Sponsor is not responsible for late, lost, incomplete, tamped with or illegible Entries or PINs. ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE THE CONTEST OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING CRIMINAL PROSECUTION. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds, in its sole discretion, to be tampering with the entry process or the operation of this Contest; to be in violation of applicable terms of service; to be acting in violation of these Official Rules; or to be acting in a non-sportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. The Sponsor reserves the right, in its sole and absolute discretion, to require proof of identity and/or eligibility (in a form acceptable to the Sponsor – including, without limitation, government issued photo identification) to participate in this Contest. Failure to provide such proof to the satisfaction of the Sponsor in a timely manner may result in disqualification. In the event of a dispute as to the identity of the person who submitted any Entry, the authorized account holder of the phone number submitted at registration will be deemed to be the entrant. The “authorized account holder” is the natural person assigned the phone number by an access provider, service provider, or other person or organization responsible for assigning phone numbers for the account associated with the submitted address. The potential winner may be required to show proof of being the authorized account holder. Sponsor reserves the right, to terminate or amend this Contest, or these Official Rules, in whole or in part, at any time, without prior notice for any reason, including but not limited to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, programming errors, or technical failures. In the event of any discrepancy or inconsistency between the terms and conditions of these Official Rules and disclosures or other statements contained in any Contest-related materials, including, but not limited to: point of sale, television, print or online advertising; the terms and conditions of these Official Rules shall prevail, govern and control. Sponsor reserves the right to correct any typographical, printing, computer programming or operator errors. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. If any provision of the Official Rules is determined to be invalid or otherwise unenforceable, then the Official Rules shall be construed in accordance with their terms as if the invalid or unenforceable provision was not contained therein. Should a winner make any false statement(s) in any document referenced above, the winner will be required to promptly return to Sponsor his/her Prize, or the cash value thereof