b8ta HOLIDAY SCRATCH CARD GIVEAWAY OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR TO WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING A PRIZE.
1. GIVEAWAY PERIOD: The b8ta Holiday Scratch Card Giveaway (the “Giveaway”) will begin November 7, 2019 and will end between November 25 and 29, 2019 depending upon supplies and availability (the “Giveaway Period”) at participating b8ta stores and Holiday Roadshow Events. Scratch Cards obtained at b8ta stores must be redeemed in accordance with the redemption terms listed on the cards between November 28, 2019 and December 31, 2019 (the b8ta store Scratch Cards “Redemption Period”). Scratch Cards obtained at b8ta Roadshow Events must be redeemed in accordance with the redemption terms listed on the cards between November 28, 2019 through January 20, 2020 (the Roadshow Scratch Cards “Redemption Period”). Scratch Cards will not be valid after December 31, 2019 or January 20, 2010, respectively.
2. LIMITATIONS: (1) b8ta store customers may receive one Scratch Card per customer purchase, per location, per business day; (2) b8ta Roadshow Event attendees may receive one Scratch Card per person, per daily Roadshow Event attended; (3) Giveaway discounts cannot be applied to previous purchases or purchases of b8ta gift cards; (4) when redeemed, Giveaway discounts may be applied to a single purchase only, though the purchase may contain multiple items; (5) Giveaway Scratch Cards must be physically present with the customer when redeemed in store; (6) Giveaway discounts cannot be combined with any other b8ta-sponsored discount or offer, though Partner-sponsored discounts, if any, may be used concurrently with Scratch Cards; (7) Scratch Cards received at b8ta stores may be redeemed only with purchase in a b8ta store, and may not be used for online or phone orders; (8) Scratch Cards received at b8ta Holiday Roadshow Events may be redeemed either in store or online; (9) if redeemed in stores, Scratch Cards will be collected at the point of redemption.
Additional Limitations: Scratch Cards are automatically void if Sponsor, in its sole discretion, determines that a Scratch Cards has been counterfeited, mutilated, forged, altered, or tampered with in any way, if illegible, mechanically reproduced, obtained outside authorized legitimate channels or if it contains printing, production, typographical, mechanical, or other errors, or if it is rendered inoperable due to any type of malfunction, whether technological or otherwise. All Scratch Cards submitted for prize claims become the property of Sponsor and will not be returned. Sponsor is not responsible for lost, late, stolen, illegible, incomplete, damaged, mutilated, misdirected, or postage-due mail, requests, or prize claims. All official Scratch Cards are subject to verification before any prize is awarded. Decisions of the judging organization are final, binding, and conclusive in all matters relating to this Giveaway. ANY PERSON ATTEMPTING TO FORGE GIVEAWAY MATERIALS OR TO DEFRAUD SPONSOR IN ANY WAY IN CONNECTION WITH THIS GIVEAWAY WILL BE DISQUALIFIED AND MAY BE PROSECUTED TO THE FULLEST EXTENT OF THE LAW. Participant assumes all risk of loss or damage to, or destruction of, official Scratch Cards. Liability for official Scratch Cards containing printing or other errors or for official Giveaway materials that are incomplete, missing, or rendered inoperable due to any type of malfunction or other error, is limited to replacement with one (1) Giveaway Card, while supplies last. No more than the intended number of prizes as outlined in these Official Rules will be awarded for each prize. If, for any reason, more valid prize claims are received than there are prizes at any level as listed in these Official Rules, the intended number of prizes at that level will be awarded through a random drawing from among all valid prize claims received for that prize level. All federal, state, and local income taxes on prizes and all other costs incurred in claiming, registering, or using any prizes, or expenses on receipt and use of prizes are the responsibility solely of the winners unless otherwise provided in these Official Rules. Prizes pictured in point of sale, online banner or print advertising and in promotional materials and other materials in connection with this Giveaway are for illustrative purposes only. Actual prizes may vary in appearance from the prizes pictured. Prizes cannot be transferred or substituted except at Sponsor's sole discretion, or as provided herein. Sponsor reserves the right to substitute a prize of equal or greater value if an advertised prize becomes or is unavailable for any reason. All potential winners, by submission of prize claim, acknowledge compliance with these Official Rules and agree to release and hold harmless Sponsor, and affiliates, any entity for each of the foregoing, their participating retailers, dealers, distributors, affiliates, subsidiaries, media partners, and advertising, promotion, printers and other coordinating agencies involved in this Giveaway, and all of their respective officers, directors, and employees from and against any and all liability for injuries or damages of any kind sustained in connection with participation in this Giveaway or the use, acceptance, possession or awarding of any prize/discount or while preparing for, participating in and/or traveling to or in connection with any prize-related activity, any accident, loss, injury or death occurring or in any way related to the prizes or use/misuse thereof, or while traveling to and/or from a location to obtain or use the prizes or participation in this Giveaway. Unclaimed prizes will not be awarded.
3. ELIGIBILITY: The Giveaway is open only to legal residents of the fifty United States and the District of Columbia, who are 18 or older as of the date of entry. Void outside of the 50 United States and the District of Columbia, and where prohibited, taxed or restricted by law. Employees, officers and directors of b8ta (the “Sponsor”), and each of their parent companies, subsidiaries, divisions, affiliates, partners, dealers, suppliers, distributors and advertising, promotional and judging agencies, manufacturers or distributors of Giveaway materials and their immediate family members (spouses, parents, children, and siblings and their spouses) and household members of each (whether related or not) of such employees/officers/directors are not eligible to participate or win. Void where prohibited by law. All federal, state and local laws and regulations apply. Participation constitutes entrant’s full and unconditional agreement to these Official Rules (“Rules”) and Sponsor’s decisions, which are final and binding in all matters related to the Giveaway. Winning any prize is contingent upon fulfilling all requirements set forth herein.
4. HOW TO PARTICIPATE: There is NO PURCHASE NECESSARY to participate in the Giveaway. A purchase does not increase your chances of winning. To enter the Giveaway, pick up your Scratch Card from any b8ta store or Holiday Roadshow Event location during the Giveaway Period, and scratch the surface to reveal a prize.
5. GIVEAWAY PRIZES:
• Free b8ta tote (while supplies last) (1,500 winners)
• $50 off your purchase of $200 or more (while supplies last) (250 winners)
• $25 off your purchase of $75 or more (while supplies last) (525 winners)
• $10 off your purchase of $50 or more (while supplies last) (1750 winners)
Quantities of Scratch Cards are limited by day and by location. Scratch Cards will be distributed in daily amounts in Sponsor’s sole discretion. Once a b8ta store or Holiday Roadshow Event distributes each day’s allotment of Scratch Cards, additional Scratch Cards will not be available until commencement of regular operating hours on the following business day.
6. LIMITATIONS ON LIABILITY: By participating in the Giveaway, the entrant agrees that Sponsor, and each prize provider, and each of their respective parents, subsidiaries, affiliated companies, partners, representatives, agents, successors, assigns, retailers, advertising and promotion agencies, and all of their respective shareholders, officers, directors, employees and assigns, members, representatives and agents (collectively, the “Limitation on Liability Parties”), will have no liability whatsoever for, and will be held harmless by entrant for any liability for, any and all claims, damages, obligations, losses, liabilities, costs or debts, and expenses (included but not limited to attorneys’ fees) arising from: (i) entry creation, (ii) the acceptance, possession, use or misuse of the prize or parts thereof, (iii) participation in the Giveaway, or participation in any Giveaway-related activity, (iv) any technical errors, printing errors, and any errors in the administration of the Giveaway, (v) any claims based on publicity rights, defamation, invasion of privacy, copyright infringement, trademark infringement or any other intellectual property-related cause of action, (vi) any breach or alleged breach of the Official Rules, (vii) use of materials or features available via the Giveaway, or (viii) a violation of applicable law or any agreement or terms with a third party. Entrants who do not comply with these Official Rules, or attempt to interfere with this Giveaway in any way, shall be disqualified.
If any part of this limitation of liability is found to be invalid or unenforceable for any reason or if any of the Limitation on Liability Parties is otherwise found to be liable in any manner, then the Limitation on Liability Parties’ aggregate liability for all claims under such circumstances for liabilities shall not exceed fifty dollars (USD $50).
7. HOW TO REDEEM PRIZES: To redeem a winning Scratch Card received during the Giveaway Period from a participating b8ta store, during the Redemption Period present the Scratch Card at checkout to receive the discount awarded. To redeem a winning Scratch Card received at a b8ta Roadshow Event, during the Redemption Period either present the Scratch Card at checkout in a b8ta store to receive the discount awarded, or if redeeming online, enter the relevant information from the Scratch Card during online checkout.
8. ALTERNATE METHOD OF ENTRY: To receive a b8ta Holiday Scratch Card without purchase, send an email request to Sweepstakes@b8ta.com. The email must be received during the Giveaway Period described above. Limit one (1) entry per person, per e-mail address, per Giveaway period. Any personally identifiable information provided pursuant to this “Alternate Method of Entry” section, including email address and legal name, will be used only to communicate with you relating to your participation in the Giveaway and comply with legal and administrative requirements thereof, and will not be used or retained for marketing purposes.
Quantities are limited. Within Sponsor’s sole discretion, once the AMOE Scratch Cards for each day have been distributed, additional Scratch Cards will not be available until commencement of regular operating hours on the following business day.
9. GOVERNING LAW & JURISDICTION: 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 the Sponsors in connection with the Giveaway, shall be governed by, and construed in accordance with, the laws of the State of California, without giving effect to any choice of law or conflict of law rules. By entering, you consent to the jurisdiction and venue of the state and local courts located in San Francisco County, California and the federal courts located in the Northern District of California for the resolution of all disputes, and agree that any and all disputes shall be resolved exclusively in those courts. Sponsors’ failure to enforce any term of these Official Rules shall not constitute a waiver of that or any other provision. If any provision of these Official Rules is held to be invalid or unenforceable, such provision shall be struck, and the remaining provisions shall be enforced. In the event of a discrepancy or inconsistency between disclosures and other statements contained in any Giveaway materials and the terms and conditions of these Official Rules, these Official Rules shall prevail, govern, and control.
10. FORCE MAJEURE/APPROVAL AND UNFORESEEN OCCURRENCES: If, for any reason the Giveaway cannot be conducted as planned, as determined by Sponsor, the Sponsor, may, without prior notice, terminate, modify or suspend the Giveaway, in whole or in part. In the event of termination of the Giveaway prior to the stated end date, Sponsor will post notice regarding the termination on the Giveaway’s website and will allow redemption of only those prizes for which valid claims were received prior to the date/time of termination.
11. SPONSOR: b8ta, inc., 121 2nd Street, Suite 600, San Francisco, CA 94105