Worst of BCFM Giveaway

Official Terms & Conditions
‍

• Official Rules.

  The following are the official rules (“Rules”) for the Miami Labs, Inc. (d/b/a OpenStore) Worst of BFCM Giveaway (the “Contest”). In order to enter the Contest, you must agree to these Rules. You agree that submission of an entry form and/or participation in the Contest constitutes your agreement to these Rules.

• Disclaimer.

  NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING. ALL FEDERAL, STATE AND LOCAL LAWS AND REGULATIONS APPLY. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.

• Sponsor.

   The Contest is sponsored by OpenStore, a Delaware corporation with its principal place of business at 2916 N. Miami Ave., Suite 1005, Miami, Florida 33127 (“OpenStore”).

• Eligibility.
  

  The Contest is open only to legal residents of the contiguous forty-eight (48) states of the United States and Alaska, Hawaii and the District of Columbia who are of age or older at the time of entry. Employees of OpenStore and its respective parents, affiliate companies, subsidiaries, Sweepstake agencies, suppliers and members of their immediate families, are not eligible. Void in Rhode Island, Puerto Rico and elsewhere prohibited by law. For purposes of the Contest, “immediate family” is defined as spouses, parents, children, siblings and their respective spouses, regardless of whether they reside in the same household.

• Timing

  The entry submission period of the Contest begins on December 12, 2022 at 12:00:00 pm Eastern Standard Time (“EST”) and ends January 09, 2023 at 11:59:59 pm EST (the “Contest Period”).

• Entry.
  

  ‍To enter the Contest during the Contest Period, follow the instructions on the ‘Worst of BFCM Giveaway’ landing page and fill out the entry form through the survey link provided here: https://form.typeform.com/to/ceSKJcB9. Entrants must make sure to fill out all required fields to complete the entry. Entrant agrees that by submitting an entry, Entrant agrees to receive emails from OpenStore. Entrant may, at any time, unsubscribe to the emails sent from OpenStore by following the unsubscribe instructions in such emails. No purchase necessary. A purchase or payment of any kind will not increase your chances of winning. One (1) grand prize winner will be randomly selected (the “Winner”) from the pool of entries. No more than one (1) person can enter using the same email address. One (1) entry (“Entry”) per person and per Shopify business. Use of any automated system to participate is prohibited and will result in disqualification. The Contest is not sponsored by any third-party social media platform, Shopify or Virgin Voyages. All entrants will receive a $7.00 gift card to a local coffee shop via email (provided by thnks.com) within two (2) days after the end of the Contest Period.

• Entry Errors.
  

  OpenStore is not responsible for lost, late, incomplete, damaged, stolen, invalid, unintelligible or misdirected entries, which will be disqualified. OpenStore is not responsible if online service or equipment is interrupted including without limitation (1) interruptions to any network, server, Internet, Web site, telephone, satellite, computer or other connections, (2) failures of any telephone, satellite, hardware, software or other equipment, (3) garbled, misdirected or jumbled transmissions, or traffic congestion, (4) other errors of any kind, whether human, technical, mechanical or electronic, (5) the incorrect or inaccurate capture of information or the failure to capture any such information, or (6) printing or typographical errors.

• Grand Prize.
  

  The following “Prize” is being awarded in this Contest: One (1) Grand Prize Winner will win a double occupancy cruise for two (2) to a Caribbean destination, departing from Miami, Florida, provided by OpenStore, approximate value up to five thousand dollars ($5,000), at unspecified date within twelve (12) months of the end of the Contest Period (the “Trip”), which shall include  (i) one (1) round trip economy ticket (up to $500) for the Grand Prize Winner and one (1) round trip economy ticket (up to $500) for a guest of the Grand Prize Winner on an airline selected by OpenStore, and (ii) a double occupancy accommodation for up to 7 nights on Virgin Voyages (up to $4,000). Certain restriction and blackout dates may apply and no alternate travel dates will be made available. All travel must be taken within one year after Winner is selected or Prize will be forfeited. Winner and guest must travel on the same itinerary. Exact travel dates and arrangements subject to availability. No additional transportation or lodging accommodations will be provided by OpenStore. Winner must be available within the time frame dictated by OpenStore. All results and decisions of the selection will be determined by the criteria set forth in these Rules. All results and decisions of OpenStore are final and binding in all respects. The Trip must be taken on the dates specified by OpenStore within one (1) year after Winner is selected, according to OpenStore’s directions and choice of flight, cruise and activities. As part of the Prize, the Prize Winner may be photographed and/or videotaped and Prize Winner agrees to execute the OpenStore’s standard release form in connection therewith, prior to the Trip. Travel restrictions, conditions and other limitations may apply. No insurance is provided as part of the Prize, and obtaining any insurance, such as but not limited to, travel insurance, health, accident or medical insurance, and property loss or damage insurance is the sole responsibility of the Prize Winner and their guest. OpenStore will not be liable for any missed opportunities or expenses incurred by Prize Winner and/or their guest as a consequence of flight cancellation/delay or ground transportation delay. The Prize Winner will be required to provide a current valid major credit card at time of cruise check-in to cover incidentals, and any and all costs, fees, and expenses not expressly provided for as stated in the Prize description above. Once a Prize Winner’s guest is determined, that guest cannot be changed without the express consent of OpenStore, which may be withheld for any reason. The approximate value of the Prize is up to five thousand dollars ($5,000). Limit one (1) Prize per Winner. All results and decisions of OpenStore are final and binding in all respects. The Prize cannot be combined with any other offer. The Prize is not transferable or redeemable in cash and must be accepted as awarded. Any difference between the approximate value and the actual value of the Prize will not be awarded and any difference will not be refunded. Federal, state and local taxes related to the Prize, if any, are the sole responsibility of the Winner.

• Prize Winner Obligations.
  

  Winner must be available on date specified by OpenStore. If, at any time during the Trip, OpenStore deems the conduct or behavior of the Prize Winner or their guest to be in violation of these Rules or any other terms and conditions provided to Winner or has placed the OpenStore in an embarrassing or compromising situation, OpenStore, in its sole discretion, shall have the right to immediately cancel all events and prizes related to such Prize and the Trip, including but not limited to any and all accommodations, reservations and activities, and OpenStore shall have no further obligation to such Prize Winner or their guest in connection with the Contest, Prize and Trip. All expenses and incidental travel costs not expressly stated herein, including but not limited to personal charges at cruise, security fees, baggage fees, transportation costs, taxes or other expenses or incidentals are the sole responsibility of Winner and/or their guest. Winner must possess a current and valid passport.

• Prize Winner's Guest Obligations.
  

  Prize Winner’s guest must be at least eighteen (18) years old as of the date of departure and must travel on the same itinerary and at the same time as the Prize Winner. Prize Winner’s guest must execute a liability/publicity release prior to travel. Travel restrictions, conditions and other limitations may apply. Once a Prize Winner’s guest is determined, that guest cannot be changed without the express consent of OpenStore, which may be withheld for any reason. Prize Winner’s guest must possess a current and valid passport.

• Selection of Winner.
  

  OpenStore will select one Winner applying the following criteria: relevance to theme and humor. The Winner will be notified via email within five (5) business days after the Contest Period ends. Entrants are responsible for ensuring that their email account information is up-to-date and accurate. Prize notices returned as undeliverable will result in the disqualification of the potential Prize Winner and an alternate Winner will be selected. OpenStores decisions as to the random drawing are final and no correspondence will be entered into. Winner will have twenty-four (24) hours to respond and claim their Prize via email message from either emily@open.store or jackie@open.store. If the Winner is discovered to be invalid for any reason prior to delivery of the Prize, or if the Winner cannot be contacted or does not respond within the twenty-four (24) hour time period, an alternate Winner may be selected, at the sole discretion of the OpenStore. If there is no Winner by the 30th day after the end of the Contest Period, no further Winners will be chosen. In the event of a dispute, the person to whom the email account used to enter the Contest was registered will be deemed the winning Entrant. A potential Winner may be required to show proof of identification and a valid passport, complete a 1099 form, and provide social security number in conjunction with Prize award/acceptance.

• Publicity Rights.
  

  By submitting an Entry and participating in the Contest, you agree and hereby grant OpenStore and its affiliates permission to use, copy, modify, publish, and/or reproduce your Entry, including but not limited to your name, likeness, voice, image, story and photos, for any purpose, including but not limited to marketing, media, editorial, commercial, advertising, promotional and/or publicity purposes, in any form of media anywhere in the world, without geographic or time limitation or further payment, compensation, notice or approval to you, except where prohibited by law. You also agree to participate in any marketing, media, editorial, commercial, advertising, promotional and/or publicity activity relating to the Contest. You agree to provide affidavits to OpenStore upon request for the purpose of complying with legal and/or broadcaster requirements concerning eligibility or the use of designs and/or testimonials in advertising. As part of the Prize, the Prize Winner may be photographed and/or videotaped and the Prize Winner agrees to execute the OpenStore’s standard release form in connection therewith prior to receiving the Prize.

• General.
  

  This Contest is governed by the laws of the State of Florida, United States. All federal, state and local laws and regulations apply. By entering and participating in the Contest, you agree to be bound by these Rules and by OpenStore’s decisions, which are final and binding on all matters relating to the Contest. OpenStore’s failure to enforce any provision of these Rules shall not constitute the waiver of such provision. Entrants are required to provide accurate, valid and truthful information at all times. OpenStore will reject and delete any Entry that it discovers to be false, fraudulent, illegal or deceptive and will disqualify any Entrant who tampers with the Entry process, the operation of the Contest, or is otherwise in violation of the Rules or acts in a disruptive or unsportsmanlike manner. OpenStore is not responsible for electronic transmission errors, which result in the omission, interruption, deletion, defect, destruction, alteration, and/or delay of any Entry. OpenStore is not responsible for any technical, network, electronic, computer, hardware and/or software malfunction, problem, incompatibility, congestion or failure of any kind. OpenStore reserves the right to cancel, terminate, suspend and/or modify the Contest at any time, in its sole discretion, if the Contest is not capable of completion as planned, including without limitation, the lack of Entry submissions, incomplete Entries, computer viruses, bugs, tampering, unauthorized intervention or technical failures of any sort, without notice. Without limiting the foregoing, OpenStore may lock out any Entrant who, in OpenStore’s sole judgment, has been disqualified, has questionable eligibility or is otherwise ineligible to enter. Upon cancellation or termination of the Contest for any reason, OpenStore and OpenStore shall have no obligation to award prizes or compensation of any kind.

• Representations and Warranties.
  

  By submitting an Entry and participating in the Contest, you represent and warrant that (i) your Entry is original and that you are the sole and exclusive owner and rights holder of the submitted Entry and the corresponding Shopify business, or you have obtained the necessary permission to include the Entry in the Contest, and that you have the right and authority to submit the Entry in the Contest; (ii) your Entry does not violate any third party intellectual property or proprietary rights; and (iii) you are otherwise not in violation of any applicable laws, rules and/or regulations.

• Disputes/Choice of Law.
  

  Except where prohibited, each Entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Contest or the awarding of the Prize shall be resolved individually, without resort to any form of class action, and exclusively by state or federal courts situated in Miami-Dade County, in the State of Florida, (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, but in no event attorneys’ fees, and (3) no punitive, incidental, special, consequential or other damages, including without limitations, lost profits, may be awarded (collectively, “Special Damages”), and (4) Entrant hereby waives all rights to claim Special Damages and all rights to have such damages multiplied or increased. Florida Law, without reference to choice of law rules, governs the Contest and all aspects related thereto.

• Indemnification.
  

  TO THE MAXIMUM EXTENT PERMITTED BY LAW, ENTRANT HEREBY AGREES TO INDEMNIFY, RELEASE AND HOLD HARMLESS OPENSTORE AND ITS AFFILIATES, SUBSIDIARIES, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, LICENSEES, SUCCESSORS, REPRESENTATIVES AND AGENTS AT ALL TIMES FROM AND AGAINST ANY AND ALL CLAIMS, ACTIONS, LOSSES, LIABILITIES, DAMAGES, PROCEEDINGS, COSTS (INCLUDING ATTORNEYS’ FEES) AND EXPENSES FOR ANY INJURY, DAMAGE OR LOSS CAUSED OR CLAIMED TO BE CAUSED, BASED UPON, OR ARISING FROM THE ACCEPTANCE, POSSESSION, USE OR MISUSE OF THE PRIZE OR ANY PART OF THE PRIZE, ENTERING THE SWEEPSTAKES, PARTICIPATION IN THE SWEEPSTAKES, OR PARTICIPATION IN ANY PRIZE RELATED ACTIVITY OR EVENT.

  In no event shall OpenStore be liable to a Winner or Entrant for any indirect, incidental, consequential, special or punitive damages of any kind, whether in contract, tort, negligence, strict liability, statutory or any other theory of liability arising from or related to the Contest, or any aspect of Winner’s or Entrant’s participation in or termination from the Contest as provided herein, even if OpenStore has been advised of the possibility of such damages. In no event shall OpenStore be liable to a Winner or Entrant for any amount with respect to Winner’s or Entrant’s participation in or disqualification from the Contest, or from the termination or cancellation of the Contest. To the extent permitted by law, the rights to litigate, seek injunctive relief or to any other recourse to judicial or any other procedure in case of disputes or claims resulting from or related to the Contest are hereby excluded, and you expressly waive any and all such rights.

  If any section, provision, term or clause shall be held or found to be unenforceable or invalid by a court decision, statute, rule or otherwise, the remaining provisions shall not be affected thereby and shall continue in full force and effect and such provision may be modified or severed from these Rules to the extent necessary to make such provision enforceable and consistent with the remainder of these Rules.

• Liability.
  

  Entrant agrees that OpenStore and its subsidiaries and affiliated companies and all of its advertising and marketing agencies, as well as Shopify and any third-party social media platforms (the “Released Parties”), will have no liability whatsoever in connection with this Contest. By entering the Contest, Entrant explicitly releases, discharges and holds harmless OpenStore and its successors and assigns and all its shareholders, directors, officers and employees, as well as any third-party social media platforms and Shopify, one and all, from any and all liability, actions, causes of action, damages, actual, incidental or consequential, claims and demands whatsoever in law of equity, including attorneys’ fees and/or experts fees and costs, which he/she now has or may acquire, by reason of any personal injury, death, loss of or damage to property, or any reason, occurring during or arising out of his/her participation in the Contest and the acceptance and use or misuse of the Prize. The Released Parties are not responsible for any injury or damage to persons or property, which may be caused, directly or indirectly, in whole or in part, from Entrant’s participation in the Contest or receipt or use or misuse of the Prize.

• Privacy Pool.
  

  OpenStore is committed to protecting your privacy. The privacy policy located at http://open.store/privacy addresses how we will use the information we collect from you on the Contest entry form. By entering the Contest, or providing your information to us, you agree to accept the uses of your information described in this privacy policy.
  
  When you register as an Entrant in the Contest your name, email address and will be collected. Once a Prize Winner is chosen, the Prize Winner’s first and last name as well as business name may be publicly shared and displayed on OpenStore’s website, OpenStore’s third-party social media accounts, and in other promotional materials. The Prize Winner’s name will also be shared with any inquiring parties.
  
  For clarity, this Contest is in no way sponsored or administered by Virgin Cruises Intermediate Limited or any of its affiliates, which is only a prize provider.
  
  End of Official Rules