“Dyerector Magnabowl” Giveaway (the “Promotion”)
PURCHASE NECESSARY TO ENTER.
1. SPONSOR: Dyerector 664 NY-208, Gardiner, NY 12525.
2. PROMOTION DATES: The Promotion begins at 9:00:00 a.m. EST on June 1, 2022 and ends at 11:59:59 p.m. EST on Dec 31, 2022 (the “Promotion Period”). For purposes of these Official Rules, all times are given in Eastern Standard Time. There is a limit of one Magnabowl & Brush Assistant 9pc Set (the “Giveaway”) per order for the entire Promotion.
3. ELIGIBILITY: Open to legal permanent residents of the forty-eight (48) contiguous United States who are at least the age of majority in his/her state, province, or territory of residence as of the date of entry and who have internet access and a valid and active email account (the “Entrant”). Current and past employees, officers and directors of Dyerector (the “Sponsor”) and each of its subsidiaries and affiliates, distributors, vendors, advertising/promotion agencies, and any others engaged in the development, production, execution or distribution of the Promotion are not eligible to participate. All federal, state and local laws and regulations apply. Promotion is void outside of the forty-eight (48) United States.
4. TO ENTER: Visit www.dyerector.com (the “Website”) and make a purchase of a Dyerector-[One] unit or units. Each order, regardless of how many units purchased, is a valid entry. Entrant will need to provide all of the required information as requested in order to receive the Giveaway. Upon completion of the purchase, Entrant will automatically be considered entered by purchase (the “Order Number). If an Entrant requests a refund, the refund, cancellation and monetary compensation of Gift will be determined based on the Sponsor’s refund policy at https://www.dyerector.com/pages/terms-conditions.
A. REDEMPTION FORM: Visit https://www.dyerector.com/pages/free-magnabowl-promo to complete the Redemption Form by providing a valid email address, delivery address, phone number and order number.
Sponsor is not responsible for any entry that is lost, late, misdirected or undeliverable, whether due to system errors, omissions, interruption, deletions, defects, delay in operations or transmissions, theft or destruction or failures, faulty transmissions or other telecommunications malfunctions, entries not received resulting from any hardware or software failures of any kind, lost or unavailable network connections, failed, incomplete or garbled computer or telephone transmissions, typographical or system errors and failures, faulty transmissions, technical malfunctions, or otherwise.
Without limitation, Sponsor reserves the right in their sole discretion to disqualify any Entrant whose social media account, in Sponsor’s sole opinion, refers, depicts or in any way reflects negatively upon the Sponsor, the Promotion or any other person or entity; does not comply with these Official Rules; or if Sponsor receives notification about any potential infringements or breaches of law or any other reason set forth herein.
In the event of a dispute regarding the identity of the person who submitted an entry, the entry will be deemed submitted by the Authorized Account Holder (defined below) of the e-mail address connected with the email account from which the Purchase, Redemption Form was sent. “Authorized Account Holder” is defined as the natural person who is assigned to an e-mail address by the Internet access provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. An Entrant may be requested to provide Sponsor with proof that the Entrant is the Authorized Account Holder of the email address associated with the entry.
Any attempt by any Entrant to enter this Promotion using multiple/different accounts or any other methods other than those stated above may void the Entrant’s entries and may result in disqualification, at the sole discretion of Sponsor. The Promotion Entities are not responsible for any entry that is lost, late, misdirected or undeliverable, whether due to system errors, omissions, interruptions, deletions, defects, delays in operation or transmissions or any other reason, theft or destruction or failures, faulty transmissions or other telecommunication malfunctions, entries not received resulting from any hardware or software failures of any kind, lost or unavailable network connections, failed, incomplete or garbled computer or telephone transmissions, typographical or system errors and failures, technical malfunctions, or otherwise. Late entries or entries sent via any other method than those stated above will not be accepted.
Total value Giveaway is $49USD.
PROMOTION RESTRICTIONS: Giveaway cannot be substituted, assigned, transferred, or redeemed for cash except at Sponsor’s sole discretion or as otherwise provided herein. Sponsor reserves the right to substitute giveaway with a prize of comparable value if advertised prize should become unavailable. Entrants are required to comply with any and all applicable federal, state, provincial and local laws, rules and regulations. Entrant is solely responsible for any taxes on the giveaway he/she has received, including but not limited to any and all federal, state and local taxes. No more than the number of giveaways as set forth in these Official Rules will be awarded.
5. GIVEAWAY CLAIM: Each valid entrant must sign and return to the Sponsor an affidavit of eligibility/release of liability/publicity release (the “Release”), an IRS form W-9 (US Residents) or IRS form W-8BEN (Non-US Residents) in order to claim the giveaway (collectively, the “Required Documents”). The giveaway may be taxable as income and the prize winner is solely responsible for any taxes on the giveaway, including, but not limited to all applicable federal, state, provincial and local taxes. The Sponsor must report the value of the giveaway to the IRS in the year the giveaway is received by the entrant and will be reported to the entrant and the IRS in the form of a Form 1099 for Form 1042-S, or any equivalent required at the entrant’s place of residence or business.
Except where prohibited, each prize winner consents to use of his/her name, likeness, biographical information, and voice (or any derivation thereof) in advertising worldwide without additional compensation (Tennessee residents will not be required to sign a publicity release as a condition of winning a prize).
6. GENERAL: By participating in this Promotion, each Entrant, to the extent permitted by law, agrees: [a] to abide by and be bound by these Official Rules and the decisions of the Sponsor which shall be final in all respects relating to the Promotion, including without limitation the interpretation of these Official Rules; [b] ] to the fullest extent permitted by the mandatory provisions of the applicable law, to release, discharge and hold harmless Sponsor, its franchisees, licensees, subsidiaries, affiliates, advertising agencies, promotional agencies and suppliers, and any other individual or company involved in the development or execution of the Promotion from any and all injuries, liability, losses, damages, rights, claims and actions of any kind including liability for personal injury or death resulting from his/her participation in the Promotion or their acceptance, use or misuse of a giveaway; and [c] if an entrant, to the use of his/her name, voice, image and/or likenesses for advertising, publicity and promotional purposes by Sponsor and Sponsor’s subsidiaries and affiliates without further notice or compensation (unless prohibited by law) and, except where prohibited, to execute specific consent to such use if asked to do so.
Nothing in these Official Rules limits, excludes or modifies or purports to limit, exclude or modify any statutory consumer guarantees or any implied condition or warranty the exclusion of which from these Official Rules would contravene any statute or cause any part of these Official Rules to be void (“Non-Excludable Guarantees”). Subject to the limitations in the preceding sentence, the Promoter excludes from these Official Rules all conditions, warranties and terms implied by statute, general law or custom. Except for liability in relation to a Non-Excludable Guarantee, the Sponsor (including its licensees, subsidiaries, affiliates, advertising agencies, promotional agencies and suppliers and any other individual or company involved in the development or execution of the Promotion, including the Independent Administrator, and each of their respective directors, officers, shareholders and employees) excludes all liability whether arising in tort, contract or otherwise, for any personal injury or any other loss or damage (including without limitation loss of opportunity or loss of profits) whether direct, indirect, special or consequential, arising in any way out of the Promotion, including, without limitation, the following: [a] electronic transmission errors resulting in omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction; [b] unauthorized access to or alterations of entry materials; [c] technical, network, telephone equipment, electronic, computer, hardware or software malfunctions; or [d] limitations of any kind or inaccurate transmissions of or failure to receive information by Sponsor on account of technical problems or traffic congestion on the Internet or at any website or any combination thereof Sponsor is not responsible for lost, late, incomplete, incorrect, damaged, misdirected, or illegible entries or any condition caused by events beyond the control of the Sponsor that may cause the Promotion to be disrupted or corrupted. Sponsor may prohibit an Entrant from participating in the Promotion if, in its sole discretion, it determines that said Entrant is attempting to undermine the legitimate operation of the Promotion by cheating, deception, or other unfair playing practices or intending to annoy, abuse, threaten or harass any other Entrants, Sponsor, or Independent Administrator. Entries which contain false information, are incomplete, inaccurate or are otherwise forged, defective, or made outside authorized channels, including those which have failed due to malfunction or failure of phones, phone lines, telephone systems or networks, server, providers, computer equipment, software or any combination thereof of any kind, any human error or otherwise, shall be void. CAUTION: ANY ATTEMPT BY A PERSON TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY’S FEES) FROM ANY SUCH PERSON TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION. SPONSOR’S FAILURE TO ENFORCE ANY TERM OF THESE OFFICIAL RULES SHALL NOT CONSTITUTE A WAIVER OF THESE PROVISIONS. To the fullest extent permitted by the mandatory provisions of the applicable law, if, for any reason whatsoever, this Promotion, in Sponsor’s sole opinion, is not capable of running as planned, including, but not limited to, by reason of infection by computer virus, tampering, fraud, technical failures, or any other cause which, in the Sponsor’s sole judgment, corrupts or affects the administration, security, fairness, integrity or proper conduct of this Promotion, Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend this Promotion and limit entries to those submitted prior to the action taken, or to proceed in such a manner as may be deemed fair and equitable by Sponsor in its sole discretion. Notice of such action will be posted on the Website. All federal, state and local regulations apply. TO THE FULLEST EXTENT PERMITTED BY THE MANDATORY PROVISIONS OF THE APPLICABLE LAW, EXCEPT WHERE PROHIBITED AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW ENTRANTS AGREE THAT: (1) ANY AND ALL DISPUTES, CLAIMS AND/OR CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS PROMOTION OR THE PRIZE AWARDED SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION AND IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW YORK WITHOUT REGARD TO PRINCIPLES OF CONFLICTS OF LAW; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS INCURRED, INCLUDING COSTS ASSOCIATED WITH ENTERING THIS PROMOTION, IF ANY, BUT IN NO EVENT WILL ENTRANT BE ENTITLED TO RECEIVE ATTORNEYS’ FEES OR BE ENTITLED TO RECOVER PUNITIVE, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES.
The personal data relating to entrants shall be mandatorily required to enter this Promotion. Refusal by entrants shall impede entry into this Promotion. The data controller is the Sponsor.
The data will be used by the Sponsor and by any of their representatives or employees for the use and purposes to run the Promotion based on Art. 6 (1) lit. b of the EU General Data Protection Regulation/GDPR (i.e., “processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract”) as provided in these Term and Conditions.
Please note that the personal data collected in connection with the Promotion will be processed by the Sponsor’s servers and computer systems which are based in the United States of America, so that the Sponsor can provide its services in relation to the Promotion.
In addition, we may need to share your information with our affiliated companies, agents, vendors, and partners for the purposes of conducting the Promotions. This is done exclusively in accordance with our instructions and on our behalf according to a processing contract according to Art. 28 GDPR.
The transfer of personal data to the above-mentioned affiliated companies, agents, vendors, and partners is based on Art. 6 (1) lit. f GDPR. According to Art. 6 (1) lit. f GDPR the processing of personal data is lawful if the processing is necessary for the purpose of the legitimate interests pursued by us, except where such interests are overridden by your interests or fundamental rights and freedoms which require protection of personal data. Our legitimate interest is to work with all places required to offer and perform the Promotion and receive assistance by partners that are able to perform tasks better than we do. You can object to this data processing at any time if there are reasons which exist in your particular situation and which speak against the data processing.
Consent to use of personal data for advertising purposes. Entrants may receive future advertising materials via email in which the Entrant may opt-out upon receipt of such materials.
The Sponsor and its subsidiaries and affiliates uses the above data for the purpose of advertisement. You will not receive additional compensation for this.
This data processing is based on your consent, Article 6 (1) lit. a GDPR. The Sponsor is entitled to transfer the necessary data to our subsidiaries and affiliates to use them for advertising purposes.
The data is stored until you withdraw your consent.
Data will be stored until the expiry of statutory retention and limitation periods.
On request, you have the right to obtain free information on your stored personal data. Additionally, you have the right to obtain the rectification of inaccurate personal data, the right to obtain a restriction of excessive processing of personal data as well as the right to obtain the erasure of unlawful processed personal data or data which is stored too long (as far as there are no legal obligations to store the data). Furthermore, you have the right to receive your personal data in a structured, commonly used and machine-readable format and to transmit those data to another controller (right to data portability), as far as you have handed over the data to us within the framework of a declaration of consent or for the fulfilment of a contract. You also have the right to set the consequences of your death on your personal data.
Where you have given us your consent to process your personal data, you may withdraw your consent; however, you will be disqualified as an entrant in the Promotion if you withdraw your consent. In order to exercise your rights you can write an email with the subject “Dyerector Magnabowl Giveaway” to email@example.com.
You have the right, for reasons arising from your particular situation, to object to the processing of your personal data on the basis of Art. 6 para. 1 lit. f GDPR at any time; this also applies to profiling based on these provisions. We will no longer process the personal data relating to you unless we can prove compelling grounds for processing worthy of protection which outweigh your interests, rights and freedoms, or the processing serves to assert, exercise or defend legal claims.
8. OFFICIAL RULES: Visit the Website for a copy of these Official Rules during the Promotion
This Promotion shall not be published without written permission by Sponsor.