SMS Sign Up Giveaway Sweepstakes Terms & Conditions
$150 Monthly SMS Sign Up Giveaway Sweepstakes (“Official Rules”)
NO PURCHASE NECESSARY TO ENTER OR WIN. ODDS OF WINNING DEPEND UPON THE TOTAL NUMBER OF ELIGIBLE ENTRIES. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING. OPEN TO LEGAL RESIDENTS OF THE UNITED STATES. VOID IN RHODE ISLAND, US MILITARY INSTALLATIONS IN FOREIGN COUNTRIES, ALL US TERRITORIES AND POSSESSIONS OUTSIDE THE UNITED STATES, AND WHERE PROHIBITED OR RESTRICTED BY LAW.
GIVEAWAY PERIOD, SPONSOR, AND ADMINISTRATOR: The “$150 Monthly SMS Sign Up Giveaway Sweepstakes” (the “Giveaway") begins on the 1st of each month at 12:00AM PST”) and on the last day of each month at 11:59 pm PST (“Giveaway Period”). These sweepstakes (“Sweepstakes”) are sponsored by Sivana, 531 Encinitas Blvd, Suite 110, Encinitas CA 92024 (“Sponsors”).
ELIGIBILITY: The Giveaway is only open to participants who is open to anyone who is at least eighteen (18) years of age and has reached the age of majority in their jurisdiction of residence at the time of opt-in (19 in Alabama and Nebraska; 21 in Mississippi) and lives within the continental United States and has a valid SMS phone number address. Employees, independent contractors, interns, officers, directors, and agents of Sponsor and the associated companies are not eligible to enter. By entering, I confirm that I am at least 18 years old and have reached the age of majority in my jurisdiction of residence at the time of opt-in (19 in Alabama and Nebraska; 21 in Mississippi). By entering the sweepstakes, I agree to sign up to receive SMS marketing messages and special offers from SivanaSpirit.com (collectively, the “Sponsors”).
Employees of Sponsors, Prize Providers, as well as each of their respective agencies, shareholders, officers, directors, members, successors, agents and assigns, together with the Immediate Family Members and/or Household Members of such persons, are not eligible to participate in the Giveaway. For purposes of the Giveaway, "Household Members" shall mean those people who share the same residence at least three months a year, whether or not related; "Immediate Family Members" shall mean parents, step-parents, legal guardians, children, step-children, siblings, step-siblings, or spouses, regardless of where they live. Void where restricted or prohibited by law. Participation constitutes Participant’s unconditional agreement to these “Official Rules” and to Sponsor’s decisions, which are final and binding in all matters related to the Giveaway. A Participant is not a winner of a prize until Participant’s eligibility as a Giveaway winner has been verified, Participant has been notified that verification is complete, Participant has submitted all required information within the stated time period, and Participant has otherwise complied with the terms and conditions of these Official Rules.
HOW TO PARTICIPATE: During the Giveaway Period, You can enter the Sweepstakes by going to https://sivanaspirit.attn.tv/p/a2c/landing-page From there, you may enter by submitting all contact details requested. Visit https://sivanaspirit.attn.tv/p/a2c/landing-page for full entry details.
GRAND PRIZE: Sponsor(s) shall award 1 winners each with  prize (each a “Prize”) for the Sweepstakes, consisting of (1) $150 Gift Card to be redeemed at SivanaSpirit.com.
APPROXIMATE RETAIL VALUE (ARV) AND ODDS OF WINNING: The ARV for each Prize is $150 USD. If you have questions regarding any component of the Prize, please contact Sponsor at [firstname.lastname@example.org]. The odds of winning the Sweepstakes will depend on the number of entries submitted. Each entry shall be equally weighted and have the same chance of winning. Sponsor will award each prize within fifteen (15) days of the end of the Promotion Period.
PRIZE RESTRICTIONS: Prize Providers are responsible for the fulfillment of each of their respective Prizes as listed above, and Prize Providers have full discretion with respect to what products are used to fulfill each prize. Winner may not be given the chance by Prize Provider to select the gender, size, model, type, if applicable, of the clothing or product to be awarded by a particular Prize Provider. Winner cannot ask Prize Providers for exchanges, returns, gift card or store credit (or its equivalent) Gift card is only eligible on full priced items, and must accept what Prize Providers provide. Sponsor makes no representation that the Winner will receive any specific products, unless otherwise expressly disclosed in these Official Rules, and makes no warranty or guaranty related to any prize.
There is no substitution, transfer or cash equivalent for the Grand Prize, or any portion of any prize, and the Grand Prize must be accepted as awarded, except that the Sponsor may, at its sole discretion, substitute any portion or all of the Grand Prize with a prize of comparable value or cash. THE GRAND PRIZE AND EACH PORTION THEREOF ARE AWARDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE). Any depictions of prizes are for illustrative purposes only. ALL FEDERAL, STATE AND LOCAL TAXES, AND ANY OTHER COSTS AND EXPENSES, ASSOCIATED WITH THE RECEIPT OR USE OF ANY PRIZE ARE THE SOLE RESPONSIBILITY OF THE WINNER.
WINNER SELECTION AND NOTIFICATION: On or about the 5th day after giveaway closes, the potential winner of the Grand Prize will be selected in a random drawing conducted by the Sponsor from among all eligible entries received throughout the Giveaway Period. The potential winner will be notified within approximately one (1) day of the drawing date at the phone number associated with the entry. The winner will be required to respond (as directed) to the notification within 72 hours(or a shorter time if required by exigencies) of attempted notification. The failure to respond within the stated time period may result in forfeiture of the Grand Prize and selection of an alternate potential winner from the remaining eligible entries. The potential winner will be required to verify address, sign, and return within two (2) days of initial notification one or more forms covering eligibility, liability, advertising and (unless prohibited by law) publicity rights and such other documents as Sponsor may provide (collectively, “Prize Acceptance Forms”). Failure to return the Prize Acceptance Forms within the specified time period may result in forfeiture of the prize and selection of an alternate potential winner from the remaining eligible entries. Sponsor, in its sole discretion, will attempt to contact up to three (3) potential winners of the Grand Prize in accordance with the above procedure, after which the Grand Prize may go unawarded if it remains unclaimed. If the Grand prize is awarded but goes unclaimed or is forfeited by recipient, the Grand Prize may not be re-awarded, in Sweepstakes Entities’ sole discretion. Sponsor reserves the right to disqualify anyone not fully complying with the Official Rules. Winners are solely responsible for all federal, state and/or local taxes, if applicable, and for any other fees or costs associated with the prize they receive. The stated approximate retail value of each prize is based on available information provided by the Prize Providers and the value of the prize awarded to a winner may be reported for tax purposes as required by law. If a prize is valued at $600 or more, the winner must provide Sponsor with a valid social security number before the prize will be awarded for tax reporting purposes and an IRS Form-1099 may be issued for the actual value of the prize received. Other restrictions may apply.
ODDS OF WINNING: Odds of winning depend on the number of eligible entries received during the Giveaway Period.
CONDITIONS OF PARTICIPATION/RELEASES: All federal, state and local laws and regulations apply. By participating, each Participant agrees to be bound by these Official Rules and the decisions of the Sponsor, which shall be final in all respects. Each Participant (including each winner) agrees to release the Sponsor, Prize Providers, and each of their respective licensees, affiliates, subsidiaries, representatives, consultants, contractors, production partners, legal counsel, advertising, public relations, promotional, fulfillment and marketing agencies, website providers, Web masters and their respective officers, directors, employees, representatives, designees and agents (collectively, the "Released Parties") from any and all actions, claims, injury, loss or damage arising in any manner, directly or indirectly, from participation in this Giveaway and/or acceptance or use or misuse of a prize. The Released Parties shall not be liable for: (i) any injuries, losses, liabilities or damages of any kind including personal injury or death caused by the Grand Prize, any prize included in the Grand Prize, or any portion thereof, or resulting from acceptance, possession or use or misuse of a prize including participation in any activity related thereto, or from participation in the Giveaway; (ii) telephone system, telephone or computer hardware, software or other technical or computer malfunctions, lost connections, disconnections, delays or transmission errors; (iii) data corruption, theft, destruction, unauthorized access to or alteration of post or other materials; (iv) late, lost, delayed, stolen, misdirected, postage-due, incomplete, unreadable, inaccurate, garbled or unintelligible posts, communications or information, regardless of the method of transmission; (v) any inability of winner to accept or use any prize (or portion thereof) for any reason and such prize or portion thereof shall be forfeited; or (vi) any printing, typographical, human administrative or technological errors in any materials or activities associated with the Giveaway. Released Parties disclaim any liability for damage to any computer system resulting from participating in or accessing or downloading information in connection with this Giveaway. The failure of Released Parties to comply with any provision of these Official Rules due to an act of God, hurricane, war, fire, riot, earthquake, terrorism, act of public enemies, actions of governmental authorities outside of the control of Sponsor (accepting compliance with applicable codes and regulations), or other “force majeure” event will not be considered a breach of these Official Rules. Sponsor reserve the right, in their sole discretion, to cancel, modify or suspend the Giveaway (or any portion of the Giveaway) at any time for any reason or should a virus, bug, computer problem, unauthorized intervention, extenuating circumstance or other problem/cause corrupt or inhibit the administration, security or proper or fair play of the Giveaway and, in such situation, will select one or more potential winners from eligible non-suspect posts received prior to and/or after such action or in such manner as deemed fair and appropriate by the Sponsor. Sponsor may prohibit Participant from participating in the Giveaway or winning a prize if, in its sole discretion, it determines Participant is attempting to undermine the legitimate operation of the Giveaway by cheating, hacking, deception, or any other unfair practices or intending to annoy, abuse, threaten or harass any other Participants or Sponsor. CAUTION: ANY ATTEMPT TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THE GIVEAWAY MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND WILL RESULT IN DISQUALIFICATION FROM PARTICIPATION IN THE GIVEAWAY. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION. BY PARTICIPATING IN THE GIVEAWAY, PARTICIPANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE GIVEAWAY, OR ANY AWARD AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED, (IF ANY), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; AND 3) UNDER NO CIRCUMSTANCES WILL ANY PARTICIPANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND PARTICIPANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS, AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.
INDEMNITY: Each Participant (including each winner) shall indemnify, defend and hold harmless the Released Parties from and against any and all claims, damages, actions, liability, loss, injury or expense, including reasonable attorneys’ fees and costs, arising out of or in connection with: (a) participation in the Giveaway; (b) a breach or allegation which if true would constitute a breach of any of the representations, warranties or obligations herein; and (c) acceptance, possession, grant, or use or misuse of the Grand Prize, any prize, and any portion thereof, including without limitation, personal injury, death and property damage arising therefrom.
DISPUTES: 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 prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in Culver City, CA. 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 the Sweepstakes, shall be governed by, and construed in accordance with, the laws of CA, without giving effect to any choice of law or conflict of law rules (whether of CA or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than California.
PUBLICITY RELEASE: Except where prohibited or restricted by law, winner’s acceptance of a Prize constitutes the winner’s agreement and consent for Sponsor, Prize Providers, and their successors, assigns, transferees, licensees, and sublicensees to use and/or public winner’s full name, city and state of residence, photographs or other likenesses, entry, pictures, portraits, voice, testimonials, biographical information (in whole or in part), statements made by winner regarding the Giveaway, Sponsors, or Prize Providers, and any other information provided to Sponsor in connection with the Giveaway, worldwide and in perpetuity for any and all purposes, including, but not limited to, advertising, trade, syndication and/or promotion on behalf of Sponsors, in any and all forms of media, now known or hereafter devised, including, but not limited to, print, TV, radio, electronic, cable, digital or World Wide Web, without further limitation, restriction, compensation, notice, review, or approval, which rights winner acknowledges and agrees Sponsors can transfer, assign, license, and/or sublicense.
WINNERS’ LIST. For a list of prize winners, write your name and address on a 3"x 5" card and mail it in an envelope to Sponsor’s physical address above. Winner List requests will only be accepted after the Sweepstakes’ end date and requests must be received no later than thirty (30) days after such end date.