TOMO Giveaway Official Rules

No purchase of any advertised product or service is required to enter or win a prize in the TOMO Giveaway. A purchase will not improve your chances of winning. The Giveaway is open to all eligible participants who meet the requirements as stated in these Official Rules, regardless of any purchase or transaction with TOMO BOTTLE LLC, its affiliates, subsidiaries, or partners.

Eligibility:

Legal Compliance: Participation in the TOMO Giveaway (the “Giveaway”) is subject to local laws and regulations. Entrants are responsible for ensuring that their participation complies with local laws. This Giveaway is not available in jurisdictions where it is prohibited or restricted by law. Entrants must seek independent legal advice if they are unsure about the legality of their participation under local laws.

Age Requirement: The Giveaway is open to individuals who are at least 18 years old at the time of entry, and the age of majority in their jurisdiction of residence, whichever is older. Proof of age may be required. If you do not meet the age requirement in your jurisdiction, you are not eligible to participate or win.

Geographic Restrictions: The Giveaway is void where prohibited by law, including but not limited to jurisdictions with specific laws and regulations that prevent participation in such giveaways. It is the responsibility of the entrant to determine whether they are eligible to participate under their local laws. Entrants shall be legal residents of their respective countries. Proof of residency may be required for verification purposes. Due to regulatory complexities, the Giveaway is void in the state of Rhode Island, and residents of Rhode Island are not eligible to participate.

Employee Restrictions: Employees, officers, and directors of TOMO BOTTLE LLC, its parent company, subsidiaries, affiliates, partners, advertising and promotion agencies, manufacturers or distributors of Giveaway materials, and their immediate families (defined as parents, spouses, children, siblings, and grandparents) and household members (whether or not related) of each such employee, officer, or director are not eligible to participate in the Giveaway.

Sponsor:

The Giveaway is sponsored by TOMO BOTTLE LLC (“TOMO” / ”Sponsor”), 123 Fuller Drive, West Hartford, CT, USA.

By entering this Giveaway, the Entrant (“You” or “Your”) agrees to abide by the Sponsor's Official Rules and decisions, which are fully and unconditionally binding in all respects. The Sponsor reserves the right to refuse, withdraw, or disqualify any entry at any time at the Sponsor’s sole discretion. By entering this Giveaway, You represent and warrant that You are eligible to participate based on eligibility requirements explained in the Official Rules. You also agree to accept the decisions of the Sponsor as final and binding as it relates to the content of this Giveaway.

Disqualification:

TOMO reserves the right to disqualify any entrant if it determines, at its sole discretion, that the entrant’s participation in the Giveaway or receipt of any prize would violate local law or regulations.

Prize Details:

One (1) winner will be selected at random by TOMO.

The winner will receive four (4) tickets to a Taylor Swift concert in Miami on October 20, 2024, at 7:00 PM at the Hard Rock Stadium - Complex, Miami, Florida, USA.

The prize includes admission to the concert only. The winner does not have the choice of seats and will receive the seats provided by the Sponsor.

Additional terms and conditions may apply to the prize as determined by the concert organizers.

The approximate retail value (ARV) of the prize is USD 4,256.42. 

The winner is solely responsible for any and all taxes associated with the prize.

Entry Procedure:

No purchase of the advertised product or service is required to win a prize, and a purchase will not improve the chances of winning.

To participate in the TOMO Giveaway, entrants shall follow the specific entry requirements for one of the social media platforms. It is not mandatory to enter on all platforms; each platform entry is treated equally, and entering on multiple platforms does not increase the chances of winning.

Instagram Entry:

Follow the Page: Follow the TOMO BOTTLE page on Instagram [https://www.instagram.com/p/C9IN9X6y3Xb/?img_index=1].;

Share the Video: Share the video about TOMO Bottle to your Instagram story; and 

Tag Friends: Tag four (4) friends on the same story about TOMO Bottle.

Odds:

The odds of winning depend on the total number of eligible entries received. For example, if 1,000 entries are received, each entry has a 1 in 1,000 chance of winning. The actual odds will vary based on the final number of entries.

Winner Selection and Notification:

The winner will be selected in a random drawing from all eligible entries received during the Giveaway Period.

The Sponsor should be able to verify and match your full legal name to your email address and relevant social media account to confirm the winner used their real account to enter.

The drawing will take place on July 12, 2024, and will be supervised at the Sponsor’s principal address to ensure fairness and compliance with all applicable rules.

The winner will be notified via direct message on the respective social media platform or via email within seven (7) days following the end of the Giveaway Period.

If the winner does not respond within seven (7) days of notification, another winner may be selected.

The winner may be required to sign an affidavit of eligibility, liability release, and/or publicity release to officially claim their prize. 

After the winner has been verified and confirmed, their name or User ID, as preferred by the winner, may be publicly announced through various channels, such as social media, press releases, or the Sponsor’s website.

The winner shall complete a W9 form and supply the Sponsor with their social security number for tax purposes. An IRS Form 1099-NEC and/or any other applicable tax form will be issued in the name of the winner for the actual value of the prizes received.

A name or User ID of the winner, whichever preferred by the winner, may be obtained by sending a written request to the Sponsor to the email address - [INSERT EMAIL ADDRESS] 15 (fifteen) calendar days of the date of the drawing. The Sponsor will respond by email within 15 (fifteen) days of receipt of the request.

Privacy:

Any information submitted throughout the Giveaway is subject to TOMO's Privacy Policy, which can be found at [Privacy Policy URL]. By participating in the Giveaway, entrants consent to the collection and use of their personal information by TOMO BOTTLE LLC for the purposes of administering the Giveaway, including winner notification and prize fulfillment. TOMO BOTTLE LLC may also use entrants' information for internal research and marketing purposes. Personal information will not be shared with third parties except as necessary for the administration of the Giveaway or as required by law. Entrants have the right to access, correct, or delete their personal information by contacting TOMO BOTTLE LLC in accordance with TOMO's Privacy Policy.

Concert and Travel Disclaimer:

Concert Disclaimer: The winner acknowledges that the concert date, time, and venue are subject to change. TOMO BOTTLE LLC is not responsible for any changes to the concert schedule or venue. The winner and their companions shall comply with all venue and event policies, including those related to health and safety.

Visa and Travel Requirements: The winner is responsible for obtaining any necessary visas and meeting all passport and travel requirements, if applicable. TOMO BOTTLE LLC assumes no responsibility for the winner's ability to secure the required travel documents.

Travel and Health Insurance: The winner and their companions are strongly advised to secure comprehensive travel and health insurance for the concert and any necessary travel, if applicable. TOMO BOTTLE LLC will not be responsible for any medical, travel, or personal expenses incurred beyond the scope of the prize as outlined in these rules.

Travel Restrictions and Advisories: The winner shall comply with any travel advisories issued by governmental or health authorities. In the event of concert or travel restrictions, cancellations, or delays due to health advisories, political instability, natural disasters, or other external events, TOMO BOTTLE LLC is not liable for alteration, delay, or cancellation of the concert and/or any necessary travel.

Cost Responsibility: While the prize includes concert tickets only, all other expenses related to the concert and/or any necessary travel (such as meals, transportation costs, personal expenses) are the responsibility of the winner and their companions. The Sponsor is not responsible for lost or stolen tickets.

Acceptance of Terms: Participation in this Giveaway and acceptance of the prize constitutes the winner's consent to these terms and acknowledgment of the inherent risks associated with attending a concert or any necessary travel. By accepting the prize, the winner agrees to not hold TOMO BOTTLE LLC liable for any issues that arise related to the concert or any necessary travel.

Liability Release:

By entering the Giveaway, each participant agrees to release, indemnify, and hold harmless TOMO BOTTLE LLC, its parent, subsidiaries, affiliates, directors, officers, employees, and agents (collectively, the “Released Parties”) 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 which may occur in connection with, preparation for, or participation in the Giveaway, or possession, acceptance and/or use or misuse of the prize or participation in any giveaway-related activity and for any claims or causes of action based on publicity rights, defamation or invasion of privacy and merchandise delivery.

Participants further agree that the Released Parties are not responsible or liable for any injuries, sickness, death, damage, or losses of any kind caused by any element of the prize or due to participation in the giveaway, or resulting directly or indirectly from acceptance, possession, use, or misuse of any prize awarded in connection with the giveaway, including any and all costs and liabilities incurred as a result.

This liability release extends to all issues known and unknown, disclosed and undisclosed, arising out of or in any way connected with the Giveaway and the prizes awarded.

The prize(s) awarded in this Giveaway are provided “as is” without any warranties or guarantees, either express or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. The Sponsor is not responsible for any dissatisfaction with the prize(s) or for any consequential, incidental, or indirect damages arising out of or in connection with the use, misuse, or inability to use the prize(s). Any and all warranties and/or guarantees on the prize(s), if any, are subject to the respective organizer’s terms, and the winner agrees to look solely to such organizer for any such warranty and/or guarantee.

Prize Restrictions:

Cancelation: The Giveaway is contingent on the availability of the Taylor Swift concert in Miami on October 20, 2024, at 7:00 PM at the Hard Rock Stadium - Complex, Miami, Florida, USA, and sufficient participant activity. If the tickets are not available at the time of purchase, or if the Sponsor determines that the level of participant activity is insufficient to consider the giveaway successful, the Sponsor reserves the right to cancel the giveaway. In such an event, no alternative prize will be provided, and the Giveaway will be null and void.

Non-Transferable: Prizes are non-transferable and cannot be exchanged for cash or other alternatives. Only the winner and their selected companions as specified in the prize details are eligible to use the prize.

Changes and Cancellations: TOMO BOTTLE LLC is not responsible for any changes, cancellations, or delays in concert or necessary travel arrangements. In such cases, no compensation will be provided.

Third-Party Organization: The concert is organized by a third party, and TOMO BOTTLE LLC has no control over or responsibility for the event's organization, management, or any related matters. TOMO BOTTLE LLC shall not be held liable for any issues, disputes, or damages arising from or related to the concert.

Governing Law:

These rules and any dispute or claim arising out of or in connection with them or their subject matter (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of laws principles.

Arbitration: 

Any dispute, controversy, or claim arising out of or relating to these rules or the giveaway, including the determination of the scope or applicability of this agreement to arbitrate, shall be resolved by arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. The place of arbitration shall be New York, New York. The arbitration shall be conducted before a single arbitrator. The arbitrator shall apply New York law to the merits of any dispute or claim.

The parties understand that, absent this provision, they would have the right to sue in court and have a jury trial. They further understand that the costs of arbitration could exceed the costs of litigation and that the right to discovery may be more limited in arbitration than in court.

No Class Actions: 

You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. The arbitrator may not consolidate more than one person's claims or preside over any form of a representative or class proceeding.

Judgment on the Award: 

Judgment on the arbitration award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.

Modification of Rules: 

The Sponsor reserves the right to update or modify these rules at any time with or without notice. Any such changes will be posted at [INSERT URL]. It is the responsibility of participants to review these rules for any updates or modifications. Continued participation in the Giveaway following any changes to these rules will constitute acceptance of such changes.

Non-Sponsorship:

This Giveaway is in no way sponsored, endorsed, administered by, or associated with Taylor Swift, Firefly Entertainment Inc., NBCUniversal Media LLC, Facebook, TikTok, Instagram, or other social media channels, or any of their affiliates.

Additional Terms:

TOMO reserves the right to modify, suspend, or cancel the Giveaway at any time.

By participating, entrants agree to these Official Rules and the decisions of TOMO, which are final and binding in all matters related to the Giveaway.

In its sole discretion, the Sponsor reserves the right to modify, suspend, cancel, or terminate the Giveaway should non-authorized human intervention, a bug or virus, fraud, or other causes beyond the Sponsor’s control, impact or corrupt the security, fairness, proper conduct, or administration of the Giveaway. The Sponsor, in the event of any of the above issues, may determine the winner based on all eligible entries received prior to and/or after (if appropriate) the action taken by the Sponsor. Individuals who tamper with or attempt to tamper with the operation or entry process of the giveaway or website or violates these Official Rules will be disqualified by the Sponsor in its sole discretion. 

Except where prohibited by law, by accepting Prize, winner grants Sponsor a perpetual, worldwide, royalty-free license to use winner’s name, photograph, voice and/or likeness without further authorization, compensation, or remuneration of any kind for advertising and other publicity purposes in any and all media now or hereafter known throughout the world.

Should individual provisions of these Official Rules be invalid or incomplete or should fulfillment become impossible, this shall not affect the validity of the remaining parts of the rules. In this case, the ineffective provision shall be replaced without further ado by a permissible effective provision which comes closest to the original intention in terms of its content.

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