Marvel Vivid Venom and Spider-Man Gift Set
Volvik Giveaway Official Rules
NO PURCHASE NECESSARY TO ENTER OR WIN. MAKING A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. MAKING A DONATION TO BREAST CANCER RESEARCH FOUNDATION WILL NOT IMPROVE YOUR CHANCES OF WINNING.
ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION AND ENTRANTS WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION FORMAT.
SWEEPSTAKES ENTRY PERIOD: MARVEL VOLVIK GIFT SET SWEEPSTAKES (the “Sweepstakes”) begins on October 15, 2024 on 12:00 AM Eastern Standard Time (“EST”), and ends at 11:59:59 PM EST on October 24, 2024 (the “Sweepstakes Period”).
SPONSOR: Volvik USA, Inc., located at 4211 W SAND LAKE ROAD, SUITE E, ORLANDO, FLORIDA 32809 (the “Sponsor”).
ELIGIBILITY: The Sweepstakes is open to legal residents of the 50 United States, including the District of Columbia, who are age 18 or older and the age of majority in their state of residence (19 and older in Alabama and Nebraska; 21 and older in Mississippi) at the time of entry, and who comply with the terms and conditions outlined in these official rules (the “Official Rules”). Void in Puerto Rico, Guam, the U.S. Virgin Islands, outside the U.S., and wherever else prohibited by law. Employees of Sponsor, and its respective subsidiaries, affiliates, advertising and promotion agencies, and the immediate family members (spouses, parents, children, and siblings and their spouses) of, and/or those living in the same household of each, are not eligible to enter. Sweepstakes is subject to all applicable federal, state and local laws and regulations. You must be over 18 or the age of majority in your respective state of residence to enter this Sweepstakes.
HOW TO ENTER: During the Sweepstakes Period Entries must be received at any time between October 15, 2024 on 12:00 AM Eastern Standard Time (“EST”), and 11:59:59 PM EST on October 24, 2024 to be eligible for the Sweepstakes. Entrants are subject to all notices posted online, including, but not limited to, the Sponsor’s Privacy Policy, which can be found at https://volvik.com/privacy-policy
Limit: Each Entrant can submit One (1) Entry per person regardless of whether the entrant has more than one email address or social media account. All entries become the property of the Sponsor and will not be acknowledged or returned.
PRIZES/APPROXIMATE RETAIL VALUE (“ARV”)/ODDS: Sponsor will award up to ONE (1) winning entrants with the following prize (collectively, the “Prize”) as winner will get the following:
- Marvel Venon Vivid Gift Set and Marve Spider-Man Gift Set
The ARV of the Prize is ($49.98).
The total aggregate ARV of all Prizes available to be won: $49.98. Odds of winning will depend upon the total number of eligible entries received.
RANDOM DRAWING: The winners will be selected in a random drawing on October 25, 2024, from among all eligible entries received during the Sweepstakes Period, decisions are final. If the Random Drawing date falls on a Sponsor holiday date, the Random Drawing shall occur on the first subsequent non-holiday date.
WINNER NOTIFICATION & VERIFICATION:Potential Prize winners will be notified via email, phone, or social media (Facebook: https://www.facebook.com/VolvikUSA) or Instagram https://www.instagram.com/volvikgolf, and will be required to claim their Prize within forty-eight (48) hours. The Prizes will be awarded within approximately thirty (30) days after the winners are notified and verified.
If a Prize notification or Prize is returned as undeliverable, or if a winner is found to be ineligible or not in compliance with these Official Rules, that winner will be disqualified, and the Prize may be awarded to an alternate winner in a separate random drawing in Sponsor’s sole discretion. If Sponsor is unable to determine and verify a potential winner after repeated alternate drawings or if Sponsor fails to receive a sufficient number of entries to correspond to the number of Prizes available to be awarded, Sponsor reserves the right to not award such Prizes.
PRIZE CONDITIONS: Prizes are not redeemable for cash, assignable, transferable and may not be substituted except at Sponsor’s sole discretion. Sponsor reserves the right to substitute a Prize of equal or greater value at its discretion. Any other incidental expenses not specified herein are the winner’s sole responsibility.
Gifts are not redeemable for cash and will not be replaced if lost or stolen.
The Prize winner is responsible for all federal, state, local and income taxes associated with winning the Prize. The Prize winner agrees to execute any documentation requested by the Sponsor in connection with this Prize.
Except where prohibited by law, entry and acceptance of a Prize constitute permission to use winner’s name, prize won, hometown, likeness, video recordings, photographs, and statements for purposes of advertising, promotion and publicity (including online posting) in any and all media now or hereafter known throughout the world in perpetuity, without additional compensation, notification or permission.
GENERAL: Although subsequent attempts to enter may be received, only the first complete entry received from a particular entrant will be eligible to win the Giveaway; subsequent attempts by the same person to enter, including entries submitted with an alternate email address, will be disqualified.
Participating entrants agree to these Official Rules and the decisions of the Sponsor, and release the Sponsor, its affiliated companies, and all other businesses involved in this Sweepstakes, as well as the employees, officers, directors and agents of each (the “Released Parties”), from all claims and liability relating to their participation in the Sweepstakes, and the acceptance and use/misuse of a Prize offered. Participating entrants assume all liability for, and Released Parties shall be held harmless against, any liability for any injury, losses or damages of any kind to persons, including personal injury or death, or injury to property caused or claimed to be caused in whole or in part, directly or indirectly, by participation in this Sweepstakes, acceptance, possession, or use/misuse of a Prize, or any claims based on publicity rights, defamation or invasion of privacy, or merchandise delivery. Sponsor is not responsible for any typographical or other error in the printing of the offer, administration of the Sweepstakes or in the announcement of the Prizes.
In the event of a dispute over the identity of an entrant, entry will be deemed submitted by the “Authorized Account Holder” of the e-mail address submitted at time of entry. Authorized Account Holder means the natural person who is assigned to an email address by an Internet access provider, online service provider, or other organization that is responsible for assigning email addresses for the domain associated with the submitted e-mail address. Sponsor may ask any entrant or potential winner to provide Sponsor with proof, to Sponsor’s satisfaction, that such party is the authorized account holder of the email address and/or Facebook or Instagram address associated with the entry. Entry materials/data that have been tampered with or altered, or mass entries or entries generated by a script, macro or use of automated devices are void. The Released Parties are not responsible for: (i) lost, late, misdirected, damaged or illegible entries; or (ii) error, omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to or alterations of entry materials, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions of any kind, or inaccurate transmission of or failure to receive entry information by Sponsor on account of technical problems or traffic congestion on the Internet or at any web site or any combination thereof; or (iii) any injury or damage to entrant’s or any other person’s computer related to or resulting from participating in the Sweepstakes. By participating in the Sweepstakes, entrant (i) agree to be bound by these Official Rules, including all eligibility requirements, and (ii) agree to be bound by the decisions of Sponsor, which are final and binding in all matters relating to the Sweepstakes. Failure to comply with these Official Rules may result in disqualification from the Sweepstakes.
Sponsor reserves the right to cancel, suspend and/or modify the Sweepstakes, or any part of it, if any fraud, technical failures or any factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Sweepstakes, as determined by Sponsor. If, for any reason, the Sweepstakes cannot be run as planned, Sponsor may disqualify any suspect entries or individuals from the Sweepstakes and any sweepstakes it sponsors and (a) suspend the Sweepstakes and modify the Sweepstakes to address the impairment, then resume the Sweepstakes in a manner that best conforms to the spirit of these Official Rules; and/or (b) award the Prizes at random from among the eligible, non-suspect entries received up to the time of the impairment.
THE RELEASED PARTIES ARE NOT RESPONSIBLE IF THIS SWEEPSTAKES CANNOT BE ADMINISTERED OR CONDUCTED OR ANY PRIZE CANNOT BE AWARDED DUE TO CANCELLATIONS, DELAYS, OR INTERRUPTIONS RESULTING OR ARISING FROM ACTS OF GOD, WAR, OR TERRORISM, CIVIL UNREST, STRIKES, SUPPLY SHORTAGES, NATURAL DISASTERS, WEATHER, EPIDEMICS, COMPLIANCE WITH ANY LAW OR ORDER OF A GOVERNMENTAL AUTHORITY, OR ANY OTHER SIMILAR ACT, EVENT, OR OCCURRENCE BEYOND THE REASONABLE CONTROL OF THE SPONSOR. BY PARTICIPATING IN THIS SWEEPSTAKES, PARTICIPANT AGREES THAT THE RELEASED PARTIES WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY INJURIES, DAMAGES, OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES TO PERSONS, INCLUDING DEATH, OR TO PROPERTY ARISING OUT OF ACCESS TO AND USE OF ANY WEBSITE ASSOCIATED WITH THIS SWEEPSTAKES OR THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM SUCH SITE, AS APPLICABLE.
LEGAL WARNING: ANY ATTEMPT BY AN INDIVIDUAL, WHETHER OR NOT AN ENTRANT, TO DAMAGE, DESTROY, TAMPER OR VANDALIZE THIS WEB SITE OR INTERFERE WITH THE OPERATION OF THE SWEEPSTAKES, IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND DILIGENTLY PURSUE ALL REMEDIES AGAINST ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
GOVERNING LAW: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of entrants, Sponsor or the Released Parties in connection with the Sweepstakes will be governed by and construed in accordance with the internal laws of the State of Florida, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other laws.
CLASS ACTION WAIVER AND LIMITATION OF LIABILITY: BY ENTERING THE SWEEPSTAKES, ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (A) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SWEEPSTAKES, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (B) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED $49.98, BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (C) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES NOT TO EXCEED $49.98, AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (D) ENTRANTS’ REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.
DISPUTES AND MANDATORY ARBITRATION AGREEMENT: Entrants, Sponsor and the Released Parties each agree to finally settle all disputes arising out of or related to this Sweepstakes only through arbitration; provided, however, the Released Parties shall be entitled to seek injunctive or equitable relief in the state and federal courts in Orlando, Florida and any other court with jurisdiction over the parties. In arbitration, there is no judge or jury and review is limited. The arbitrator’s decision and award is final and binding, with limited exceptions, and judgment on the award may be entered in any court with jurisdiction. The parties agree that, except as set forth above, any claim, suit, action or proceeding arising out of or relating to this Sweepstakes shall be directed to Losey PLLC, 1420 Edgewater Drive, Orlando, FL 32804 or a mutually agreeable arbitration administration service. If an in-person hearing is required, then it will take place in Orange County, Florida. The federal or state law that applies to these Official Rules will also apply during the arbitration. Disputes will be arbitrated only on an individual basis and will not be consolidated with any other proceedings that involve any claims or controversy of another party, including any class actions; provided, however, if for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then the agreement to arbitrate doesn’t apply and the dispute must be brought in a court of competent jurisdiction in Orange County, Florida. Sponsor agrees to pay the administrative and arbitrator’s fees in order to conduct the arbitration (but specifically excluding any travel or other costs of entrant to attend the arbitration hearing). Either party may, notwithstanding this provision, bring qualifying claims in small claims court.
PRIVACY: As a condition of entering the Sweepstakes, each entrant gives consent for Sponsor to obtain and deliver his or her name, address and other information to third parties for the purpose of administering this Sweepstakes and to comply with applicable laws, regulations and rules, including, without limitation, the storing of your personal information for purposes of complying with state record retention requirements. Any information entrant provides to Sponsor may be used to communicate with entrant in relation to this Sweepstakes or on a Sweepstakes winner’s list. Any information entrant provides to Sponsor may be publicized if the entrant wins the Giveaway. Personal information collected from entrants are subject to the Sponsor’s Privacy Policy, which can be found at https://volvik.com/privacy-policy
All trademarks used herein are the property of their respective owners in the United States and abroad.
© 2024 Volvik USA, INC. All rights reserved.
For the name of the Prize winners, send an email to info@volvik.com after November 15, 2024.
Social Posts/Ads disclaimers
Facebook & Instagram: NO PURCHASE NECESSARY. Open to 50 U.S. / D.C., ages 18+ (19+ in AL and NE, 21+ in MS). Ends October 24, 2024 at 11:59 pm EST. For full Official Rules: See Link in bio: @volvikusa or @volvikgolf