TERMS & CONDITIONS FOR GIVEAWAYS, SWEEPSTAKES AND PROMOTIONS (“Sweepstakes”)
No purchase is necessary to enter our Sweepstakes and a purchase does not increase your chances of winning a prize.
2. Sponsor: Holiday Diver, Inc. d/b/a Divers Direct
3. Eligibility: Our Sweepstakes is only open to those individuals who are over 18 years of age when he/she enters the contest and who sign up to receive text message promotions from Divers Direct. The Sweepstakes is open to US residents only and is void where prohibited by law. Sorry, but not everyone over 18 is eligible to win … those who are not eligible to participate in these Sweepstakes are: employees, independent contractors, officers, directors, and agents of Holiday Diver, Inc. or Divers Direct (the "Sponsor"), their respective affiliates, subsidiaries, advertising agencies, suppliers and their immediate family members and/or those living in the same household. The Sweepstakes is subject to all applicable federal, state and local laws and regulations and is void where prohibited.
4. Agreement to Rules: By entering the Sweepstakes, you agree to comply with and abide by these Rules and the decisions of the Sponsor, and you represent and warrant that you meet the eligibility requirements listed above. In addition, you agree to accept the Sponsor's decisions as final as they relate to the content of this campaign. You should reach out only to Divers Direct with any questions, comments or issues related to the Sweepstakes.
5. How to Enter: It is easy to enter! All you need to do is sign up for text messages and you do this on our website by providing your phone number and opting into our SMS marketing campaigns.
6. Entry Period: The Sweepstakes entry periods are subject to change. Entries submitted before or after the Entry Period will not be eligible to enter. The Sweepstakes must be entered by submitting an entry using the online form provided at www.diversdirect.com. The entry must fulfill all requirements of the Sweepstakes, as specified, to be eligible to win a prize. Entries that are incomplete or do not adhere to the rules or specifications of the Sweepstakes may be disqualified at the sole discretion of the Sponsor. You must provide the information requested. You may not enter more times than indicated by using multiple phone numbers, identities, or devices in an attempt to circumvent the rules. If you use fraudulent methods or otherwise attempt to circumvent the rules of the Sweepstakes, your submission may be disqualified at the sole discretion of the Sponsor.
6. Prizes: Prizes vary and are subject to change at the discretion of Divers Direct.
7. Actual value of prizes may differ at time of prize award. The specifics of the prize shall be solely determined by the Sponsor. No cash or other prize substitution shall be permitted except at the Sponsor's discretion. The prizes are non transferable. Substitution of the prize or transfer/assignment of the prize to others or request for the cash equivalent of the prize by the Winner(s) is prohibited. Any and all prize related expenses, including without limitation any and all federal, state, and/or local taxes shall be the sole responsibility of the Winner(s). Acceptance of the prize constitutes permission for the Sponsor to use the Winner's name, likeness, and entry for purposes of advertising and trade without further compensation, unless prohibited by law.
8. Winner(s) Selection and Notification: The Winner(s) will be selected by Random Draw under the supervision of the Sponsor. Divers Direct will notify the winner(s) within 30 days after the Entry Period closes. The Sponsor shall have no liability for a Winner's failure to receive notices due to spam, junk e-mail or other security settings or for a Winner's provision of incorrect or otherwise non-functioning contact information. If the Winner(s) cannot be contacted, is ineligible, fails to claim the prize within 10 days from the time award notification was sent, or fails to timely return a completed and executed declaration and release as required, the prize may be forfeited, and an alternate Winner(s) selected. Receipt of the prize offered in this Campaign by the Winner(s) is conditioned upon compliance with any and all federal, state, and local laws and regulations. Any violation of these official rules by the Winner(s) at the Sponsor's sole discretion will result in the Winner's disqualification as a winner, and all privileges as winner will be immediately terminated.
9. Rights Granted by the Entrant: By entering this Sweepstakes, you understand and agree that the Sponsor and anyone acting on behalf of the Sponsor or its respective licensees, successors, and assigns, shall have the right, where permitted by law, to print, publish, broadcast, distribute, and use in any media now known or created in the future, in perpetuity and throughout the World, without limitation, your name, portrait, picture, voice, likeness, image, statements about the Campaign, and biographical information for news, publicity, information, trade, advertising, public relations, and promotional purposes without any further compensation, notice, review, or consent.
10. Terms and Conditions: The Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Sweepstakes should any virus, bug, non-authorized human intervention, fraud, or other cause beyond the Sponsor’s control corrupt or affect the administration, security, fairness, or proper conduct of the Sweepstakes. In such cases, the Sponsor may select a winner(s) from eligible entries received before and/or after the action taken by the Sponsor if appropriate. The Sponsor reserves the right at its sole discretion to disqualify any individual who tampers or attempts to tamper with the entry process or the operation of the Sweepstakes or website or violates these Terms & Conditions. The Sponsor has the right, in its sole discretion, to maintain the integrity of the Sweepstakes, to void entries for any reason, including, but not limited to: multiple entries from the same user from different IP addresses; multiple entries from the same computer in excess of that allowed by Sweepstakes rules; or the use of bots, macros, scripts, or other technical means for entering. Any attempt by an entrant to deliberately damage any website or undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil laws. Should such an attempt be made, the Sponsor reserves the right to seek damages to the fullest extent permitted by law.
11. Limitation of Liability: By entering the Sweepstakes you agree to release and hold harmless Holiday Diver Inc. d/b/a Divers Direct and its subsidiaries, affiliates, advertising and promotion agencies, agents, successors, assigns, employees, officers and directors from any liability, illness, injury, death, loss, litigation, claim or damage that may occur, directly or indirectly, whether caused by negligence or not, from (i) such entrant’s participation in the Sweepstakes and/or his/her acceptance, possession, use, or misuse of any prize or any portion thereof; (ii) unauthorized human intervention in any part of the Sweepstakes; (iii) electronic or human error in the administration of the Sweepstakes or the processing of entries; (iv) technical errors of any kind, including but not limited to the malfunction of any computer, cable, network, hardware, or software, or other mechanical equipment; (v) the unavailability or inaccessibility of any transmissions, telephone, or Internet service; (vi) printing errors; (vii) lost, late, postage due, misdirected, or undeliverable mail.
12. Disputes: This Sweepstakes is governed by the laws of United States, without respect to conflict of law doctrines. By participating in this Campaign, you agree that any and all disputes that cannot be resolved between the parties, and causes of action arising out of or connected with this Campaign, shall be resolved individually, without resort to any form of class action, exclusively before a court located in the United States having jurisdiction. Further, in any such dispute, under no circumstances shall You be permitted to obtain awards for, and hereby waives all rights to, punitive, incidental, or consequential damages, including reasonable attorney’s fees, other than actual out-of-pocket expenses (i.e. costs associated with entering the Sweepstakes). You further waive all rights to have damages multiplied or increased.
13. The Sweepstakes is in no way sponsored, endorsed, administered by, or associated with Google, Meta (Facebook), Twitter, Instagram, Snapchat, YouTube, Pinterest, or any other social networks that are used to share the Sweepstakes. You understand that you are providing your information to the owner of the Sweepstakes and not to Google, Meta (Facebook), Twitter, Instagram, Snapchat, YouTube, Pinterest or any other social networks.
14. Acceptance of Rules: By participating in the Sweepstakes, You have affirmatively reviewed, accepted, and agreed to all of the Official Rules, Terms and Conditions.