SHARE YOUR VISION, SHAPE THE FUTURE Community Activity Official Rules
These rules (“Official Rules”) are the complete, official rules for the SHARE YOUR VISION, SHAPE THE FUTURE Activity (the “Activity”). The Sponsor reserves the right to disqualify any Participant who is found to breach these Official Rules.
The Activity is sponsored by Smoore Labs, 7901 Stoneridge Drive, Suite 208, Pleasanton, CA 94588 (“Sponsor”).
ACTIVITY PERIOD:
The Activity period shall begin on November 6st, 2024, at 12:00:01 A.M. Eastern Time (“ET”) and ends on December 6st, 2024, at 11:59:59 P.M. ET. Submissions received after the Activity Period will not be considered valid submissions.
It is the Participant’s responsibility to check the website regularly throughout the Activity to stay informed of any new or updated deadlines. Sponsor is not responsible for any Participant’s failure to do so.
Note: Sponsor’s computer is the official timekeeping device for this Activity.
ELIGIBILITY:
The Activity is open to individuals who are 21 years of age or older (a “Participant,” “you,” or “entry”). The following individuals are not eligible to participate or to submit Submissions: (i) employees of Sponsor, and any of their affiliate companies or subsidiaries; (ii) family members (spouse, parents, siblings, and children) of any individual referred to in clause (i), and (iii) persons living in the same household (whether or not related) with any person referred to in clause (i) or (ii). This Activity is subject to all federal, state, and local laws and regulations and is void where prohibited by law.
AGREEMENT TO OFFICIAL RULES:
Participant’s participation in the Activity constitutes full and unconditional agreement to and acceptance of these Official Rules and the decisions of Sponsor, which are final and binding. By participating in the Activity and submitting a Submission, the Participant expressly agrees to participate in supporting marketing and other promotions for the Sponsor. Sponsor may display Submission photos on its website or on promotional materials without attribution or compensation owed to Participant.
SUBMISSION REQUIREMENTS & HOW TO ENTER:
Each eligible Participant may participate by visiting [https://community.vaporesso.com/t/share-your-vision-shape-the-future/1123]. Submissions must be received prior to the deadline and adhere to the guidelines specified in these Official Rules and on the Activity Website. Submissions that do not meet these requirements will be disqualified ineligible to win.
INTELLECTUAL PROPERTY:
By entering your Submission in the Activity or submitting additional photographs related to the Activity, you hereby grant Sponsor and its successors a worldwide, perpetual, non-exclusive, irrevocable, royalty-free, sub-licensable (through multiple tiers), and transferable license (with a right to create derivative works) to use, copy, distribute, perform, publicly perform, and display your Submission, in any and all media, in whatever form, for any legal purposes whatsoever now known or that hereinafter become known. Each Participant irrevocably waives any and all so-called moral rights they may have in the Submission(s) submitted by him or her. By uploading a submission, Participant is expressly warranting that they own or are licensed to enter the photo in the Activity and that their Submission does not infringe the intellectual property rights of any third party.
PRIZES AND APPROXIMATE RETAIL VALUE (“ARV”):
Sponsor personnel will judge the value of submissions based on the number of participants and website interactions. The SHARE YOUR VISION, SHAPE THE FUTURE community activity, held within the community, will award prizes as follows:
- One participant will receive a iPad mini (128G 2024). The ARV of the First Prize is $500.
- One participant will receive a DJI Action Camera. The ARV of each Second Prize is $300.
- One participant will receive The Ultimate Product Gift Set, featuring total 5 premium VAPORESSO, and DOJO products. The ARV of Third Prize is $ 200.
The total approximate retail value of all prizes is $ 1000, including free shipping. Each prize is nontransferable and non-refundable and must be accepted as awarded. No cash or other substitution may be made except by Sponsor, who reserves the right to substitute a prize with another prize of equal or greater value for any reason as determined by Sponsor in its sole discretion. The winners will be responsible for all applicable federal and local taxes on the receipt and use of the prize and all other costs and expenses not specifically mentioned herein. You agree that Sponsor shall not be liable for any damages or losses you incur using or related to the Prize.
Winners will be announced on the community event page on December 6, 2024, and notified through united community direct message by December 16th 2024 to provide their mailing address for prize shipment.
Prize Shipping: VAPORESSO will complete all prize shipping process by December 26th 2024
WINNERS’ OBLIGATIONS (DELIVERY & DOCUMENTATION):
If the prize is valued at $600 or more, the potential winner must sign and return an IRS W-9 form within 14 days of notification to claim the prize. A potential winner may be disqualified if:
- Required documentation is not returned within 14 days after receipt of any request to provide documentation;
- The prize notification letter/email or prize is undeliverable;
- The potential winner is disqualified for any other reason.
By accepting any Prize, each Participant receiving a Prize thereby agrees to the use of his/her name, address, image, likeness, and/or Prize information by Sponsor for promotional purposes in any medium without additional compensation. DECLINING PRIZES: A Participant may decline to be a Winner by notifying Sponsor directly within one week following the Activity deadline, in which case the declining Participant forgoes any prize or other features associated with winning the Activity. Sponsor reserves the right to disqualify a Participant at its sole discretion if Sponsor deems disqualification appropriate. RECEIVING PRIZES: After verification of eligibility, the Prize winner will receive the prize through U.S. Mail, as appropriate. Allow 30 days from final confirmation for Prize delivery. Any winners that receive prizes valued over $600 will receive IRS 1099 form in the amount of their prize at the appropriate time. Prize winners are responsible for any taxes, fees, or other liability resulting from their receipt of a Prize regardless of the value of the prize.
PARTICIPANT WARRANTIES AND OBLIGATIONS:
You agree that you have full right and authority to enter and participate in the Activity. You are solely responsible for your entry. All entry information is deemed collected in the United States. Participation is subject to all federal, state, and local laws and regulations. Void where prohibited or restricted by law. You are responsible for checking applicable laws and regulations in your jurisdiction before participating in the Activity to make sure that your participation is legal. You are responsible for all taxes and reporting related to any award that you may receive as part of the Activity. A breach of any of these warranties will result in the corresponding entry being invalid, as well as other legal obligations.
LIMITATION OF LIABILITY:
By participating in the Activity, each Participant agrees to release, indemnify, and hold harmless Sponsor, its respective affiliates, subsidiaries, advertising and promotions agencies, as applicable, and each of their respective agents, representatives, officers, directors, shareholders, and employees from and against any injuries, losses, damages, claims, actions, and any liability of any kind resulting from or arising out of your participation in or association with the Activity or the Activity Prize. Activity Sponsor is not responsible for any miscommunications such as technical failures related to computer, telephone, cable, and unavailable network or server connections, related technical failures, or other failures related to hardware, software, or virus, or incomplete, late, or misdirected Submissions. Activity Sponsor reserves the right to cancel, modify, or suspend the Activity should any causes beyond the control of Activity Sponsor corrupt the administration, security, or proper play of the Activity, and to determine winners from among Submission not affected by the corruption, if any, in its sole discretion. Sponsor is not responsible for (a) late, lost, stolen, damaged, garbled, incomplete, incorrect, or misdirected Submissions or other communications, (b) errors, omissions, interruptions, deletions, defects, or delays in operations or transmission of information, in each case whether arising by way of technical or other failures or malfunctions of computer hardware, software, communications devices, or transmission lines, or (c) data corruption, theft, destruction, unauthorized access to, or alteration of Submission materials, loss or otherwise. Sponsor is not responsible for electronic communications or emails which are undeliverable as a result of any form of active or passive filtering of any kind, or insufficient space in any email account to receive email messages. Activity Sponsor disclaims any liability for damage to any computer system resulting from participation in, or accessing or downloading information in connection with, the Activity.
RESERVATION OF RIGHTS:
Activity Sponsor reserves the right to modify the dates and deadlines, and the right to modify, add, or remove additional Activity deadlines for any reason. Sponsor may cancel the Activity entirely, not award the prize, or select an alternate prize if awarding the Activity Prize as originally described or on the original time frame becomes commercially unreasonable arising out of or caused by, directly or indirectly, forces beyond its control, including, without limitation, strikes, pandemics, government orders related to a pandemic, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or acts of God, and interruptions, loss, or malfunctions of utilities, communications, or computer (software and hardware) services. Any changes will be communicated on the Activity Website.
MISCELLANEOUS
PRIVACY:
Participants agree that personal data submitted and any other information provided in connection with the Activity may be processed, shared, and otherwise used for the purposes and within the context of the Activity and any other purposes outlined in these Official Rules and the Privacy Policy found at https://www.vaporesso.com/privacy-policy.
In addition to the uses of personal information described in that Policy, Sponsor will use information you provide through entry into the Activity to administer the Activity.
SEVERABILITY:
The invalidity or unenforceability of any provision of these Activity Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Activity Rules shall otherwise remain in effect and be construed in accordance with their terms as if the invalid or illegal provision was not contained herein.
GOVERNING LAW AND VENUE:
Participant agrees that: (a) he/she releases and will defend, indemnify, and hold harmless the Promotion Parties from and all any and all Claims from third parties related to Participant’s participation in the Activity; (b) Claims arising out of or connected with this Activity, or the prize awarded shall be resolved individually, without resort to any form of class action, and solely and exclusively in a federal or state court located in California; (c) Participant submits to sole and exclusive personal jurisdiction to said courts in the State of California for any such dispute and irrevocably waives any and all rights to object to such jurisdiction; (d) any and all Claims, judgments, and awards shall be limited to actual damages of out-of-pocket expenses associated with entering this Activity, but in no event attorneys’ fees; and (e) under no circumstances will Participant be permitted to obtain awards for and Participant hereby waives all rights to claim punitive, incidental, and consequential damages or any other damages, and any and all rights to have damages multiplied or otherwise increased.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules, your rights and obligations, or the rights and obligations of Sponsor in connection with this Activity, shall be governed by and construed in accordance with, the laws of California in the United States, without giving effect to any choice of law or conflict of law rules.