Sweepstakes Terms and Conditions- Fight for the Ocean

FIGHT FOR THE OCEAN SWEEPSTAKES TERMS AND CONDITIONS
NO PURCHASE IS NECESSARY TO ENTER OR WIN.

1. Sponsor: The Sponsor of FIGHT FOR THE OCEAN SWEEPSTAKES is
4ocean, Public Benefit Corporation. All donations raised during the
Sweepstakes benefit 4ocean Charitable Foundation, Inc., a 501(c)(3) not-for
profit organization, EIN 88-2694307, and are tax deductible as allowed by
law.
2. Eligibility: FIGHT FOR THE OCEAN SWEEPSTAKES (the "Sweepstakes") is
only open to individuals who are 21 years of age or older as of the date of
entry, have a valid identification card and/or passport issued by their
country of residence for travel and verification purposes, reside in
countries where this Sweepstakes, as a game of chance, is allowable by
local law, and is not subject to international sanctions or other undesirable
disqualifications. Any entrant selected as the potential winner must
consent to and pass a background check to the sole satisfaction of the
Sponsor prior to being awarded the prize. Employees, independent
contractors, interns, officers, directors, and agents of 4ocean (the
"Sponsor") their respective affiliates, subsidiaries, advertising and
promotion agencies, suppliers of prizes, and their immediate family
members and/or those living in the same household of each are not
eligible to participate in the Sweepstakes. Groups, clubs, organizations,
businesses, and commercial and non-commercial entities cannot
participate. The Sweepstakes is subject to all applicable federal, state, and
local laws and regulations. The Sweepstakes is void where prohibited by
law, and any entries submitted where the Sweepstakes is void will be
disqualified.
3. Agreement to Rules: By entering the Sweepstakes, the Entrant (“You”)
agree to comply with and abide by these Terms and Conditions, 4ocean’s
Terms of Service Acceptable Use Policy, and the decisions of the Sponsor.
You represent and warrant that You meet the eligibility requirements and
the Sweepstakes is valid in Your country of residence. You acknowledge
that if You are selected as the potential winner, You must consent to a
background check and pass the background check to the sole satisfaction
of the Sponsor in order to be awarded the prize. You acknowledge that
accepting the prize may subject You to taxes on the value of the prize
under applicable law. In addition, You agree to accept the Sponsor’s
decisions as final and binding as it relates to the content of this
Sweepstakes, without the right of appeal. Entrants should look solely to
the Sponsor with any questions, comments or issues related to the
Sweepstakes.
4. Entry Period: The Sweepstakes begins on April 22, 2024, at 12:00AM
Eastern (US) Daylight Time and ends on September 7, 2024, at 11:59PM
Eastern (US) Daylight Time (the “Entry Period”). Entries submitted before
or after the Entry Period will not be eligible. The Sponsor reserves the right
to adjust the Entry Period as deemed necessary by the Sponsor. The
Winner will be announced on International Coastal Cleanup Day,
September 21, 2024, unless delays in verifying the Winner prevent the
Sponsor from announcing the Winner on that date. In an event of such a
delay, the Winner will be announced as soon as the Winner is verified.
5. How to Enter: The Sweepstakes may be entered by Pulling Pounds for
Entry exclusively through the Fight for the Ocean Sweepstakes website
accessible at www.4oceanfoundation.org/fight-for-the-ocean or on
www.4ocean.com/fight-for-the-ocean to be redirected to the Foundation
website. All entries are for the Sweepstakes are processed through
4ocean Foundation. Any product purchases from 4ocean, Public
Benefit Corporation do not qualify as entries to the Sweepstakes. Every
dollar donated through the Sweepstakes removes one pound of trash
from the ocean and equals one entry into the Sweepstakes. Alternatively,
the Sweepstakes may be entered by handwriting an entry on a 3x5 index
card or a plain sheet of paper, and including, legibly: Your full name,
complete mailing address (including city, state, zip, and country), email
address, and telephone number, and listing five (5) ways that You can start
helping out our ocean by fighting the plastic crisis. Your entry must be
enclosed in an envelope, with proper postage affixed, and mailed to
4ocean, PBC, 3600 FAU Blvd., Boca Raton, FL 33431 USA. One envelope is
equal to one entry. The Entrant must fulfil all requirements of the
Sweepstakes, as specified, to be eligible to win the prize. Entries that are
incomplete, include inaccurate or invalid information, 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. If You are ineligible, 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. If you have any
questions regarding how to enter the Sweepstakes You may contact
info@4ocean.com.
6. Prizes: One winner of the Sweepstakes (the “Winner”) will receive the
following prizes:
 Two tickets to a UFC Fight Night with Dana White: valued at
$2,999.00.*
 Hotel and Travel/Flight for Winner and Guest (must also be 21
years or older): valued at $2,000.00.
 *Subject to Availability
7. Value of Prizes: Actual/appraised value of prizes may differ at time of prize
award. The specifics of the prizes shall be solely determined by the
Sponsor. No cash or other prize substitution shall be permitted except for
at the Sponsor’s discretion. The prizes are non-transferable. Substitution of
the prizes, or transfer/assignment of the prizes to others, or request for the
cash equivalent of the prizes by the Winner is not permitted. The prizes
must be accepted as awarded. The Sponsor reserves the right to
substitute any Prize for one of equal or greater value for any reason. 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. Winner will be issued a 1099 form due to the value of the Prizes
being over $600.00. Acceptance of the prize constitutes permission for the
Sponsor to use the Winner’s name, likeness, and submitted entry content
of any kind for legitimate purposes, including but not limited to
educational, commercial, and advertising without further compensation,
unless prohibited by law. You must sign the Sponsor’s Declaration and
Release forms in order to receive the prizes, and pass a background check
at the sole discretion of the Sponsor.
8. Odds of Winning: The odds of winning depend on the number of eligible
entries received.
9. Winner Selection and Notification: NO ONE IS THE WINNER UNLESS
AND UNTIL THE SPONSOR OFFICIALLY CONFIRMS ENTRANT AS THE
WINNER IN ACCORDANCE WITH THESE TERMS AND CONDITIONS AND
THE WINNER PASSESS A BACKGROUND CHECK TO THE SOLE
SATISFACTION OF THE SPONSOR. The Winner will be selected at random.
The Winner will be notified via electronic mail to the email provided within
forty-eight (48) hours of the winner selection. 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 cannot be contacted,
is ineligible, fails to acknowledge the notification within forty-eight (48)
hours, fails to claim the prize within forty-eight (48) hours from the time
award notification was sent, or fails to timely return any required forms or
submit to a background check, or fails the background check at the sole
discretion of the Sponsor, the prize may be forfeited and an alternate
Winner selected. Before determination of eligibility to receive the prize,
Winner will be required to sign and return, within three (3) calendar days
of receipt, the Sponsor’s declaration and release forms, which (among
other things): (i) confirms compliance with these Rules; (ii) acknowledges
acceptance of the Prizes as awarded; (iii) releases the Sponsor and all
other Released Parties from any and all liability in connection with this
Sweepstakes, Winner’s participation therein, and/or the awarding and
use/misuse of the applicable Prize; and (iv) agrees to the publication,
reproduction and/or other use of Winner’s name, city and State of
residence, voice, statements about the Sweepstakes, and/or photograph
or other likeness without further notice or compensation, in any publicity
or advertisement carried out by or on behalf of the Sponsor in any manner
or medium whatsoever, including print, broadcast, or the Internet, unless
prohibited by law. Winner will also be required to submit a W9 for the
purposes of issuing an IRS 1099-MIS, or similar tax form depending on
Winner’s country of residence. Winner will be responsible for any taxes
related to the acceptance of the Prizes. Receipt of the prize offered in this
Sweepstakes by the Winner is conditioned upon compliance with any and
all federal, state, and local laws and regulations. Any violation of these
official rules by the Winner, determined at the Sponsor’s sole discretion,
will result in the Winner’s disqualification as winner, and all privileges as
winner will be immediately terminated.
10. Rights Granted by the Entrant: By entering this Sweepstakes and
uploading content in furtherance thereof (e.g., online or handwritten
submission of information and content, including but not limited to,
photographs, video, audio, text, etc.), You understand and agree that the
Sponsor will exclusively own all rights to the submission 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, use, produce, reproduce, edit, integrate into new
content and/or create derivative works, and display in any media, platform,
or forum, now known or hereafter developed, in perpetuity and
throughout the World, without limitation, Your entry, name, portrait,
picture, voice, likeness, image, statements about the Sweepstakes, and
biographical information for any lawful purpose, including but not limited
to education, news, publicity, information, trade, advertising, marketing,
public relations, promotions, and other commercial purposes without any
further compensation, notice, review, or consent. By entering this content,
You represent and warrant that Your entry is an original work of
authorship, and does not violate any third party’s proprietary, intellectual
property, or personal rights. For the avoidance of doubt, Your entry cannot
contain copyrighted material (music, images, videos, etc.) or trademarks
(company names, logos, brands, etc.) without permission, consent, or
sublicensing; violate rights of privacy; violate rights of publicity; or violate
any other proprietary rights of a person or entity, with the sole exception
of discussing 4ocean, PBC, or 4ocean Charitable Foundation, Inc. This
includes a prohibition against the use of any copyrighted, trademarked, or
proprietary items that may be visual on your person or in the background
of any video submission. If Your entry infringes upon the intellectual
property or personal rights of another, You will be disqualified at the sole
discretion of the Sponsor. If the content of Your entry is claimed to
constitute infringement of any proprietary, intellectual property, or
personal rights of any third party, You shall, at your sole expense, defend
against or settle such claims. You shall indemnify, defend, and hold
harmless 4ocean subsidiaries, affiliates, advertising and promotion
agencies, partners, representatives, agents, successors, assigns,
employees, officers, directors, and 4ocean Charitable Foundation, Inc.,
(“the Releasees”), from and against any suit, proceeding, claims, liability,
loss, damage, costs or expense, which the Releasees may incur, suffer, or
be required to pay arising out of such infringement or suspected
infringement of any third party’s right.
11. Sponsor Rights: ANYONE DEEMED BY THE SPONSOR TO BE IN
VIOLATION OF THE SPONSOR'S INTERPRETATION OF THE LETTER
AND/OR SPIRIT OF THESE TERMS AND CONDITIONS FOR ANY REASON IS
SUBJECT TO DISQUALIFICATION IN THE SOLE AND ABSOLUTE
DISCRETION OF THE SPONSOR AT ANY TIME. The Sponsor reserves the
right, in its sole discretion, to cancel, terminate, modify, or suspend the
Sweepstakes should 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 and 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: the use of bots, macros, scripts, or
other technical means for entering in violation of these Terms and
Conditions. The Sponsor reserves the right to refuse participation by any
person who has been disqualified or is otherwise ineligible to enter. In its
sole and absolute determination, the Sponsor may disqualify any person
who acts in any manner to threaten or abuse or harass any other person.
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.
12. Privacy: The information provided to enter the Sweepstakes will not be
sold to third parties, but may be shared as necessary for the purposes of
conducting the Sweepstakes or as otherwise authorized herein. The
Sponsor may from time-to-time contact Entrants via email concerning the
Sweepstakes, and by entering into the Sweepstakes each Entrant
consents to receiving such communications via email. Entrant can
unsubscribe at any time via electing to unsubscribe in the email.
13. Limitation of Liability: By entering the Sweepstakes You agree to release
and hold harmless 4ocean, Zuffa, LLC, 4ocean Charitable Foundation, Inc.,
and each of their subsidiaries, affiliates, advertising and promotion
agencies, partners, representatives, agents, successors, assigns,
employees, officers and directors, (“the Releasees”), 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 Entrant’s acceptance,
possession, use, or misuse of any prize or any portion thereof, including
participation in prize activities; (ii) failure of any Sweepstakes related
information, winner notification messages, and/o other information or
materials whatsoever to be received, captured, recorded, or function
properly for any reason whatsoever, (iii) unauthorized human intervention
or tampering in any part of the Sweepstakes; (iv) electronic or human error
in the administration of the Sweepstakes, damage or alternation during
entry submission, or the processing of entries; (v) technical errors of any
kind, including but not limited to the malfunction of any website,
platform, computer, cable, network, hardware, servers, access providers, or
software, or other mechanical equipment; (vi) computer viruses, injury or
damage to an Entrant’s or other person’s computer or other device related
to or resulting from participation in the Sweepstakes, or any other costs or
fees incurred by an Entrant or other person in relation to participation in
the Sweepstakes (vii) the unavailability or inaccessibility of any
transmissions, telephone, or Internet service; (viii) printing errors; (ix) lost,
late, postage due, misdirected, or undeliverable mail, (x) anyone being
incorrectly and/or mistakenly identified as a winner or eligible winner;
and/or (xi) any combination of the above. You acknowledge and agree
that any content in furtherance of the Sweepstakes may be available for
viewing and comment by the public, and understand that comment with
which You disagree or are unhappy about may be published or otherwise
associated with any submitted content. Entrants hereby waive any privacy
expectations that they may have with respect to any content submitted to
the Sponsor and hereby release and discharge the Releases from and
against all and any costs, claims, damages, liabilities, and expenses of any
sort arising out of, or generally relating to the use of submitted content
and Your participant in the Sweepstakes, including without limitation
claims of defamation, invasion of privacy, emotional distress, infringement
of moral rights, infringement of rights of publicity, or copyright
infringement.
14. Disputes: This Sweepstakes is governed by the laws of the State of Florida,
without respect to conflict of law doctrines. By participating in this
Sweepstakes, 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 Sweepstakes, shall be resolved individually, without resort to any form
of class action, exclusively by binding arbitration, rather than in court. To
begin an arbitration proceeding, you must send a letter requesting
arbitration and describing Your claim to 4ocean Public Benefit
Corporation, Attention: Legal Dept., 3600 FAU Boulevard, Boca Raton, FL
33431. The arbitration will be conducted by and under the rules of the
American Arbitration Association (AAA), including the AAA's
Supplementary Procedures for Consumer-Related Disputes. The AAA's
rules are available at www.adr.org or by calling 1-800-778-7879. Payment
of all filing, administration and arbitrator fees will be governed by the
AAA's rules. You may choose to have the arbitration conducted by
telephone, based on written submissions, or in person in Boca Raton,
Florida, or at another mutually agreed location. Further, in any such
dispute, under no circumstances shall You be permitted to obtain awards
for, and hereby waive all rights to, punitive, incidental, exemplary, indirect,
special, 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. The invalidity or unenforceability of any provision
of these Terms and Conditions shall not affect the validity or enforceability
of any other provision. In the event that any provision is determined to be
invalid or otherwise unenforceable or illegal, these Terms and Conditions
shall otherwise remain in effect and shall be construed in accordance with
the terms as if the invalid or illegal provision were not contained herein.
15. Winners List: To request a copy of the winners list please contact the
Sponsor. Requests must be sent within four (4) weeks of the end of the
Entry Period.
16. Disclaimer: The Sweepstakes is in no way sponsored, endorsed,
administered by, or associated with Facebook, Twitter, Instagram,
Snapchat, YouTube, Reddit, Pinterest, LinkedIn, 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 Facebook, Twitter, Instagram, Snapchat, YouTube, Reddit, Pinterest,
LinkedIn, or any other social networks.
17. Relationship: By entering the Sweepstake, You agree and acknowledge
that participation, including without limitation, to whether or not You are
selected as the Winner or if any of Your content is used by the Sponsor,
does not give rise to any confidential, fiduciary, implied-in-fact, implied-in-
law, agency, ambassadorship, employment, partnership, joint venture, or
other special relationship between you and 4ocean. The only contracts,
express or implied, between you and 4ocean are as set forth in these
Terms and Conditions and the Release and Waiver of Rights.
18. Privacy: By entering this Sweepstakes, each Entrant expressly consents to
the Sponsor, its agents and/or representatives, storing, sharing and using
the personal information submitted for the purpose of administering the
Sweepstakes and in accordance with the Sponsor's privacy policy
(available at: https://www.4ocean.com/pages/4ocean-privacy-policy). This
section does not limit any other consent(s) that an individual may provide
the Sponsor or others in relation to the collection, use and/or disclosure of
their personal information.
19. Acceptance of Rules: By participating in the Sweepstakes, You have
affirmatively reviewed, accepted, and agreed to all of the Official Rules,
Terms and Conditions. You agree to be fully and unconditionally bound by
these Terms and Conditions and any other governing rules regarding the
Sweepstakes. You represent and warrant that You meet the eligibility
requirements and accept the decision of the Sponsor as final and binding
as it relates to the Sweepstakes.