Official Rules For Hawaii Giveaway
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. PURCHASE OR PAYMENT DOES NOT IMPROVE YOUR CHANCE OF WINNING.
- Eligibility: The Moderne Gentleman Giveaway (the “Promotion”) is open only to legal residents of the 50 United States and the District of Columbia (the "Territory") who have reached the legal age of majority in their state of residence and are located in the Territory at the time of entry. NowOne Ventures LLC (“Sponsor”), SweepstakesPros (“Promotion Administrator”) and their respective parent companies, subsidiaries and affiliated companies, retailers, sales representatives, dealers, distributors, licensees and the advertising, fulfillment, judging and promotion agencies involved in the development and administration of this Promotion and each of their respective officers, directors, employees, representatives and agents (collectively, “Promotion Parties”), and members of their immediate families (defined as including spouse, biological, adoptive and step-parents, grandparents, siblings, children and grandchildren, and each of their respective spouses, regardless of where they reside) or households (whether related or not) of any of the above are not eligible to participate. The Promotion is subject to all applicable federal, state and local and is void outside the Territory and where prohibited by law. By participating in this Promotion, entrants agree to abide by and be bound by these Official Rules and decisions of the independent Promotion Administrator, which shall be final in all matters relating to the Promotion.
- Promotion Period: The Promotion begins at 12:00 a.m. Pacific Time ("PT") on September 1, 2023 and ends at 11:59 p.m. PT on October 15, 2023 (the "Promotion Period").
- How to Enter:
- Purchase Entry: During the Promotion Period, visit www.modernegentleman.com (the “Website”) and purchase one or more eligible products from the Website during the Promotion Period (a “Purchase Entry”). The products eligible for Purchase Entries, and number of Purchase Entries awarded for the purchase of each eligible product will be displayed on the Website and may change from time to time during the Promotion Period. Entrants must complete all required information. Membership purchases and purchase transactions involving account adjustment transactions/returns, declined credit or debit transactions are not eligible for Purchase Entries.
- Membership Entry: During the Promotion Period, visit the Website and sign up for one of three membership options to join The Moderne Travel Club, to earn the following entries into the promotion (“Membership Entries”). Entrants must complete all required information. You must remain a member for at least one month to earn Membership Entries. Membership Entries may be earned as follows:
- Sign up for the First Class Membership - Receive 500 entries for each monthly $30 Membership payment made during the Promotion Period.
- Sign up for the Priority Membership – Receive 250 entries for each monthly $20 Membership payment made during the Promotion Period.
- Sign up for the Basic Membership – Receive 100 entries for each monthly $10 Membership payment made during the Promotion Period.
- Sign-up Entry: During the Promotion Period, visit the Website to look for the pop-up form (the “Sign-up Form”). Follow the on-screen directions, complete all required fields, provide your mobile phone number and/or email address, and submit to receive ten (10) entries for providing your email address and ten (10) entries for providing your phone number in the Promotion (a “Sign-up Entry”). LIMIT TWENTY (20) SIGN-UP ENTRIES PER PERSON/EMAIL ADDRESS/PHONE NUMBER. If you provide your mobile phone number, you agree to receive up to ten (10) texts from an automated system. Standard message and data rates may apply. Text STOP to unsubscribe. Text HELP to get help. Consent to receive text messages is not required to buy goods and services. Please consult the terms and conditions in your individual service plan prior to signing up for text messages.
- Mail-in Entry: To enter the Promotion by mail without making a purchase, during the Promotion Period, handprint (in the following order) your full name, complete street address, daytime telephone number, email address, and birth date on a standard 4″ x 6″ postcard (with no outer envelope) and mail it to: Moderne Gentleman Giveaway, PO Box 3161, Saratoga, CA 95070 (a “Mail-in Entry”). You will receive seven hundred fifty (750) entries into the Promotion for each Mail-in Entry received. Mail-in Entries must be received by October 23, 2023. All Mail-in Entries must be legibly handwritten (including addressing), mailed separately with no outer envelope, and have sufficient postage. LIMIT ONE THOUSAND FIVE HUNDRED (1,500) MAIL-IN ENTRIES, WHICH IS TWO (2) MAIL-IN POSTCARDS, PER PERSON/EMAIL ADDRESS, SUBJECT TO THE MAXIMUM NUMBER OF TOTAL ENTRIES LISTED BELOW. ENTRANTS THAT SEND IN MORE THAN THE MAXIMUM NUMBER OF POSTCARDS WILL BE DISQUALIFIED.
LIMIT ONE THOUSAND FIVE HUNDRED (1,500) PURCHASE ENTRIES, MEMBERSHIP ENTRIES, AND MAIL-IN ENTRIES COMBINED PER PERSON/EMAIL ADDRESS DURING THE PROMOTION PERIOD. LIMIT ONE THOUSAND FIVE HUNDRED AND TWENTY (1,520) ENTRIES TOTAL PER PERSON/EMAIL ADDRESS DURING THE PROMOTION PERIOD REGARDLESS OF METHOD OF ENTRY. To the maximum extent permitted by law, all entries and submissions become the exclusive property of the Sponsor and will not be acknowledged or returned except as provided herein.
- Finalist Drawing: On or about October 30, 2023, the Promotion Administrator will conduct a random drawing to select ten (10) finalists (the “Finalists”) from among all eligible entries received during the entire Promotion Period.
- Grand Prize Drawing: On or about November 7, 2023, the Sponsor will conduct a random drawing from among the Finalists for the Grand Prize Winner. The process for random selection and the location of the Grand Prize Drawing shall be determined solely by the Sponsor. Further, the final date and location of the Grand Prize Drawing are subject to change at Sponsor's discretion.
Option 1: Trip for two (2) to Hawaii. Trip includes:
- Round trip airfare for two from the major airport nearest winner’s residence to Oahu, Hawaii (ARV: up to $2,000).
- Hotel accommodations (double occupancy) for 5 days / 4 nights in Oahu, Hawaii (ARV: up to $4,500).
- One (1) Jurassic Park or Helicopter Tour (ARV: $1,000).
- $2,500 spending cash awarded in the form of a check.
Option 2: $10,0000 awarded in the form of a check.
Total ARV of the Grand Prize is up to $10,000. All characteristics and features of the prize(s) except as otherwise explicitly stated above are at the Sponsor’s sole and absolute discretion. No substitution, cash redemption, sale or transfer of prize(s) is permitted except at Sponsor’s sole discretion or as provided herein. If a prize, or any portion thereof, cannot be awarded for any reason, Sponsor reserves the right to substitute such prize (or portion thereof) with an equivalent prize of equal or greater value. All federal, state and local taxes, and all other costs associated with acceptance or use of the prize(s), are the sole responsibility of the applicable winner(s). You are not a winner until your prize claim is validated and you receive official written notification from the Sponsor or the Promotion Administrator. Arrangements for delivery of prize(s) will be made after winner validation. Odds of winning a prize depend on the number of eligible entries received. Prize will be awarded only to an address within the Territory provided it is claimed properly in accordance with these Official Rules. At the Sponsor’s discretion, prizes that are not claimed properly in accordance with these Official Rules may not be awarded. In no event will more than the stated number of prizes be awarded.
Actual value (for Option 1) will depend on airfare fluctuations and point of departure. Any difference between stated value and actual value will not be awarded. Winners' guest must be 18 years of age or older, unless the winner is the parent/legal guardian of the guest. Trip must be booked six (6) weeks prior to the trip date. The trip is subject to availability and blackout dates. All travel arrangements/accommodations and destinations are at Sponsor’s sole discretion. If, in the sole judgment of the Sponsor, air travel is not required due to winner’s proximity to prize location, ground transportation may be substituted for round-trip air travel, but no additional compensation will be offered. Sponsor is not liable for delays, cancellation or unforeseen events related to the flights nor any harm nor loss of life which may occur during the trip. Sponsor will not replace any lost, mutilated, or stolen tickets, travel vouchers or certificates. Once travel documents are issued, neither travel arrangements nor travel companions may be changed without the approval of Sponsor. Prize must be accepted as awarded with no substitution. Prize is non-transferable and cannot be redeemed for cash or credit, in whole or in part, for any destination. Sponsor is not responsible or liable for war, civil strife, weather, acts of God, terrorism or any other circumstance beyond its control, that may affect the Trip or for inability of winner to travel in accordance with these Official Rules. Winner and guest must travel on the same itinerary. Winner and travel companion are responsible for procuring adequate documentation travel, passports, if required, or personal travel insurance prior to departure, if desired. The Grand Prize winner’s travel companion may be required to complete a Travel Release. Certain travel restrictions, conditions and limitations may apply.
Additional Conditions for Grand Prize Winner and Guest (for Option 1 only): Grand Prize winner and Guest must take the trip by November 30, 2024, or the entire travel prize will be forfeited in its entirety. All travel accommodations at Sponsor’s sole discretion. A potential winner may also be required to provide, upon request, sufficient information to ensure that he/she is not positive for COVID -19. Travel restrictions, conditions and limitations may apply. Airline tickets and hotel accommodations are subject to space availability and blackout dates: March – July 2024. The actual value of a prize will depend on the actual departure and destination locations. Winners will not be awarded the difference between the actual and maximum retail value of their prize. Once travel documents are issued, travel arrangements may not be changed without the approval of Sponsor. Dates of trip, location, and travel arrangements are at Sponsor's sole discretion, and are subject to availability and change. All travel expenses not specifically listed, including but not limited to, ground transportation, gas, meals, parking fees, insurance, tolls, beverages, activities, incidental hotel expenses, gratuities, airline fees, fuel, surcharges (including NAV surcharges), airport fees, service charges or facility charges, personal charges at lodging, security fees, taxes or other expenses, are the sole responsibility of each winner and, where applicable, must be paid by winner with a credit card at the time of booking. Each winner must comply with all airline and security requirements.
- Entrant Verification: In the event of a dispute regarding the identity of the person submitting an entry, the entry will be declared made by the natural person in whose name the entry was made. The Promotion Administrator reserves the right to require proof of identity and/or eligibility (in a form acceptable to the Promotion Administrator – including, without limitation, government issued photo identification) for any reason the Promotion Administrator deems necessary, in its sole discretion, for the purposes of administering this Promotion in accordance with these Official Rules. Failure to provide such proof to the complete satisfaction of the Promotion Administrator within the timeline specified by the Promotion Administrator may result in disqualification by the Promotion Administrator, in its sole discretion.
- Disqualification: Entries which are incomplete, incorrect, incomprehensible, not received, or do not otherwise comply with these Official Rules (as determined by the Promotion Administrator in its sole and absolute discretion) will be void and will not be entered into the Promotion's prize drawing. Entries made by facsimile, overnight courier, automated means, any entry service, or in any other manner not specifically allowed under these Official Rules will not be entered into the Promotion and may result in disqualification of the entries and the responsible entrant(s), as determined by the Promotion Administrator in its sole and absolute discretion. Promotion Administrator reserves the right, in its sole and absolute discretion, to disqualify any individual who tampers with or attempts to tamper with the entry process or who acts in a disruptive or unfair manner or who otherwise fails to comply with these Official Rules.
- Notification & Validation of Winners: Potential winners, at Promotion Administrator’s discretion, will each be contacted by telephone, email, regular mail or overnight mail, and may be required to complete, sign and return an affidavit or declaration of eligibility, a liability release, tax forms, and where lawful, a publicity release within a stated amount of time. The return of any notification as undeliverable or failure to respond to notices or return any required documents or information in a timely manner or a determination that a potential winner is ineligible or not in compliance with these Official Rules, as determined by the Promotion Administrator, in its sole and absolute discretion, may result in disqualification and forfeiture of any prize, and the selection of an alternate winner in a random drawing from among the remaining eligible entries.
- Limitations: To the fullest extent permitted by applicable law, Promotion Parties are not responsible for: (i) electronic or digital transmissions, entries or mail that are lost, late, stolen, incomplete, illegible, damaged, garbled, destroyed, misdirected, non-delivered, or not received by Sponsor or Promotion Administrator for any reason; (ii) mail that is received postage-due; (iii) any problems or technical malfunctions, errors, omissions, interruptions, deletions, defects, delays in operation or transmission, communication failures (including but not limited to failures or malfunctions of phone lines, mail delivery service, telephone systems or other communications systems), destruction of or unauthorized access to, or alteration of, entries, or for printing, distribution or production errors; (iv) failed or unavailable hardware, network, software or telephone transmissions; (v) damage to entrants' or any person's computer; (vi) causes beyond Promotion Parties’ reasonable control that jeopardize the administration, security, fairness, integrity or proper conduct of this Promotion; (vii) incorrect or inaccurate entry information whether caused by entrants or by any of the equipment or programming associated with or utilized in the Promotion; (viii) any typographical or other error in the printing or advertising related to the Promotion, in the administration or execution of the Promotion, or in the announcement/notification of prize winners; (ix) any human, or other error, which may occur in the promotion or administration of this Promotion; or (x) cheating or fraud by any participant.
- Modification, Suspension and Termination: If for any reason this Promotion cannot be executed as planned, including but not limited to infection by virus, bugs, tampering, unauthorized intervention, fraud, technical failures, human error, legal mandate, social media mandate, pandemic, epidemic, or any other causes beyond the control of Sponsor or Promotion Administrator that corrupt or affect the security, administration, integrity, fairness or proper conduct of this Promotion, or if this Promotion is compromised or becomes corrupted in any way, electronically or otherwise, Promotion Administrator reserves the right, in its sole discretion, to void suspect entries/entrants and/or modify, suspend and/or terminate this Promotion, including the selection of winners in a manner the Promotion Administrator deems fair and reasonable, including the selection of winners in a random drawing from among applicable eligible, non-suspect entries received prior to such modification, suspension or termination. Thereafter, the Sponsor reserves the right to accept no further entries and award no further prizes.
- Releases: By participating in this Promotion, entrants agree (and agree to confirm in writing): (a) to the maximum extent permitted by law, that all causes of action arising out of or connected with this Promotion, or any prize awarded, shall be resolved individually, without resort to any form of class action; (b) to release, defend, indemnify and hold harmless Promotion Parties and their respective successors and assigns from and against any liability, loss, claim or cause of action, including, but not limited to, injury, death or damages arising out of participation in this Promotion or the acceptance, possession, use or misuse of any prize received in this Promotion or the use of any photo, video or entry; and (c) to waive all rights to claim punitive, indirect, incidental and consequential damages, attorneys’ fees, court costs, or any damages other than actual out-of-pocket costs incurred to enter, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO APPLICABLE PORTIONS OF THE ABOVE MAY NOT APPLY TO YOU.
- Publicity: Except where prohibited, participation in the Promotion constitutes each entrant’s permission for the Sponsor and its agencies to use entrants' names, photographs, videos, voices and/or any other likenesses for purposes of advertising and publicity in all media now known or hereinafter invented without territorial or time limitations and without compensation or notice.
- Choice of Law, Jurisdiction and Notice: All issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Promotion, 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 (whether of the State of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of California. By entering, entrants irrevocably consent to the exclusive jurisdiction of the federal and state courts located within the county of Santa Clara, California for any action, suit or proceeding arising out of or relating to this Promotion. These Official Rules are protected by U.S. and International copyright laws. Reproduction and distribution of these Official Rules without written permission from the Promotion Administrator is prohibited. Copr. 2023 Promotion Administrator.
- Severability & Conflicts: The invalidity or unenforceability of any provision of these Official Rules 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 Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Promotion-related materials or made by any representative of Sponsor or Promotion Administrator, and the terms and conditions of these Official Rules, these Official Rules shall prevail, govern and control.
- Winners’ List: To view the winners’ list for this Promotion, please visit https://certified.promotrust.com/NowOneVentures/ModerneGentlemanGiveaway/winners. The winners’ list will be available after winner validation has been completed.
- Third Party Rights: All trademarks used herein are the property of their respective owners. Manufacturers of the prizes offered in this Promotion do not sponsor or endorse this Promotion and are not affiliated with the Sponsor or Promotion Administrator in any way.
- Sponsor: NowOne Ventures LLC (D.B.A. Moderne Gentleman), Rancho Santa Margarita, CA 92688. Mail-in entries are not accepted at this address.
- Promotion Administrator: The Promotion is administered and judged by SweepstakesPros, P.O. Box 3222, Saratoga, CA 95070. Mail-in entries are not accepted at this address. All comments, questions and complaints regarding this Promotion must be directed to the Promotion Administrator only.