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Sweepstakes Guidelines

Molly Sims Productions

Official Sweepstakes Rules and Terms of Agreement

This sweepstakes (the “Sweepstakes”) offered by Molly Sims Productions, a California limited liability company with a business address of 11911 San Vicente Blvd, Los Angeles, 90049  (the “Company”) is governed by the following rules and terms of agreement (the “Rules”). NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE THE CHANCES OF WINNING. By entering the Sweepstakes, you (“Entrant”) (together with the Company, the “Parties”) fully and unconditionally agree to be bound by the following:

  1. Start and End Dates

The Sweepstakes shall begin on or about December 22nd, at 12:01 AM PST and shall continue until December 27th, at 12:00 pm PST (the “Sweepstakes Period”).

  1. Eligibility

The Sweepstakes is open only to those who sign up at the online Sweepstakes page, [https://www.mollysims.com/travel-getaway/  (the “Site”), and who are at least 18 years old at the time of entry. The Sweepstakes is open to the legal residents of the United States and is void where prohibited by law. Employees of the Company, its affiliates, subsidiaries, advertising and promotion agencies, and suppliers, as well such employees’ immediate family members and those persons living in the same household of the aforementioned persons are not eligible to participate in the Sweepstakes. The Sweepstakes is subject to all applicable federal, state and local laws and regulations. By entering into the Sweepstakes, Entrant represents and warrants that Entrant meets the eligibility requirements set forth herein.

  1. How to Enter; Entry Guidelines

During the Sweepstakes Period, Entrant may enter the Sweepstakes by submitting an entry using the online form provided on the Site. The entry must fulfill all Sweepstakes requirements, as specified, to be eligible to win a prize. Entries that are not complete, are not in compliance with the Rules or do not otherwise adhere to specifications on the Site may be disqualified at the Company’s sole discretion. Entries are limited to one (1) per person and must include all requested information, which Entrant represents and warrants is truthful and accurate. Entrants may not enter more times than indicated by using multiple e-mail addresses, identities or devices in an attempt to circumvent the Rules. Upon completion of the necessary requirements, Entrant will receive one entry into the Sweepstakes.

  1. Winner Selection

Winners of the Sweepstakes will be selected by the Company in a random drawing from all eligible entries received by the end of the Sweepstakes Period. Any violation of the Rules, as determined in the Company’s sole discretion, will result in Entrant’s disqualification from the Sweepstakes. Winners will be notified via the e-mail address they provide in connection with the Sweepstakes. Notwithstanding anything to the contrary in the Company’s notification, Entrant has fifteen (15) days to accept the prizes won. If Entrant fails to accept within fifteen (15) days, the prize may be forfeited, and an alternate winner may be selected from all remaining eligible entries. The Company shall have no liability for an Entrant’s failure to receive notices due to Entrant’s spam, junk e-mail or other security settings or for Entrant’s provision of incorrect or otherwise non-functioning contact information.

  1. Prizes

If selected as a winner of the Sweepstakes, Entrant will win:

Entrants are not guaranteed to win a prize and Entrant’s chance of winning is dependent on the total number of eligible entries received. Prizes are non-transferable, with no cash redemptions, equivalent or substitutions except at the Company’s sole and absolute discretion. All prize details not specified in these Rules will be determined in the Company’s sole and absolute discretion. Prize details and availability are subject to change. Acceptance of prize constitutes permission for the Company to use winner’s name, likeness, and entry for purposes of advertising and trade without further compensation, unless prohibited by law.

  1. Taxes

Entrants selected as winners are solely responsible for reporting and paying (a) any and all applicable taxes related to the prizes and (b) any expenses associated with any prize(s) which are not specifically provided for in the Rules. Any Entrant winning prizes valued over six hundred U.S. dollars ($72.00) msy be required to provide a social security number and other information required by the IRS, will receive an IRS form 1099 at the end of the calendar year, and a copy of such form must be filed with the IRS to receive prizes.

  1. Rights Granted by Entrants
    • By entering this Sweepstakes, Entrant understands that the Company, anyone acting on behalf of the Company, or the Company’s licensees, successors and assigns will have the right, where otherwise not permitted by law, to print, publish, broadcast, distribute, and use the information provided by Entrant in connection with the Sweepstakes for trade, advertising, public relations and promotional purposes without any further compensation or further notice to Entrant.
    • By entering this Sweepstakes, Entrant agrees to receive email communications periodically from the Company and its promotional partners offering prizes in this Sweepstakes. Entrant can opt-out of receiving communications at any time by clicking the unsubscribe link in communications it receives.
  2. Limitation of Liability

By participating in the Sweepstakes, Entrant agrees to waive, release and hold the Company harmless from any and all claims for loss, harm, damage, injury, cost or expense whatsoever in connection with the Sweepstakes. In no event will the Company be responsible or liable for any damages or losses of any kind, including direct, indirect, incidental, consequential or punitive damages arising from Entrant’s participating in the Sweepstakes. For the avoidance of doubt, the Company will not be liable for, among other things, (a) Entrant’s participation in the Sweepstakes and Entrant’s acceptance, possession, use, or misuse of any prize or any portion thereof, (b) technical failures of any kind, including but not limited to the malfunctioning of any computer, cable, network, hardware or software; (c) the unavailability or inaccessibility of any transmissions or telephone or internet service; (d) unauthorized human intervention in any part of the entry process or the Sweepstakes; and (e) electronic or human error which may occur in the administration of the Sweepstakes or the processing of entries.

  1. Disclaimer

The Sweepstakes and all prizes awarded are provided “as is” without warranty of any kind, express or implied (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose).

  1. Indemnification

Entrant agrees to indemnify, defend, and hold harmless the Company, its affiliates, and their respective officers, directors, employees, agents, successors and assigns from and against all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, fees, costs, or expenses of whatever kind, including reasonable attorneys’ fees (collectively “Losses”), arising out of any third-party claim, suit, action of proceeding (a “Third-Party Claim”) relating to Entrant’s participation in the Sweepstakes and Entrant’s acceptance of any applicable prizes.

  1. Miscellaneous
    • Privacy Policy. Information submitted with an entry is subject to the Privacy Policy stated on the Molly Sims Productions. Read the Privacy.https://www.mollysims.com/new-page/
    • Survival. Sections 6, 7, 8, 9 and 10, as well as any Sections or provisions of the Rules including any attachments hereto that contemplate compliance or performance after the termination or expiration of the Rules shall survive termination for the duration of such compliance or performance.
    • Interpretive Provisions; Headings. Unless otherwise indicated to the contrary herein by the context or use thereof: (i) the words, herein, hereto, hereof and words of similar import refer to the Rules as a whole and not to any particular Section or paragraph hereof; (ii) the word including means including, but not limited to; (iii) masculine gender shall also include the feminine and neutral genders, and vice versa; and (iv) words importing the singular shall also include the plural, and vice versa. The headings in the Rules are for reference only and shall not affect the interpretation of the Rules.
    • Severability. Each provision of the Rules shall be treated as a separate and independent clause, and the unenforceability of any one clause shall in no way impair the enforceability of any of the other clauses herein. Moreover, if one or more of the provisions contained in the Rules shall for any reason be held to be excessively broad as to scope, activity, subject or otherwise so as to be unenforceable at law, such provision or provisions shall be construed by the appropriate judicial body by limiting or reducing such provision or provisions, so as to be enforceable to the maximum extent compatible with the applicable law as such law shall then be.
    • Entire Agreement; Amendment; Termination. The Rules constitutes the entire agreement of the Parties hereto with respect to the specific subject matter hereof and supersedes all prior agreements and undertakings, both written and oral between the Parties with respect to the subject matter hereof, except as expressly provided herein. The Rules may be amended by Company in its sole discretion. The Company reserves the right, in its sole discretion to cancel, terminate, modify or suspend the Sweepstakes at any time and for any reason
    • Waiver. No waiver of any default by any party shall be deemed to constitute a waiver of any subsequent default with respect to the same or any other provision hereof. No waiver shall be effective unless made in writing with specific reference to the relevant provision(s) of the Rules and signed by a duly authorized representative of the Party granting the waiver.
    • Governing Law; Conflict Resolution. The Rules shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction). Any legal suit, action or proceeding arising out of or based upon the Rules or the transactions contemplated hereby may be instituted in any court of appropriate jurisdiction in Los Angeles County, and each Party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action or proceeding. Further, in any such dispute, under no circumstances will Entrant be permitted to obtain awards for, and hereby waives all rights to claim punitive, incidental, or consequential damages, including reasonable attorneys’ fees, other than participant’s actual out-of-pocket expenses (i.e., costs associated with entering this Sweepstakes), and Entrant further waives all rights to have damages multiplied or increased.
    • Waiver of Jury Trial. Each party acknowledges and agrees that any controversy which may arise under the Rules is likely to involve complicated and difficult issues and, therefore, each such Party irrevocably and unconditionally waives any right it may have to a trial by jury in respect of any legal action arising out of or relating to the Rules or the transactions contemplated hereby.
    • Force Majeure. Neither party will be responsible for its failure to perform or delay in performance due to wars, riots, embargoes, general strikes, acts of civil or military authorities, fires, earthquakes, floods, extreme weather or other natural hazard or disaster, shortages of power, or changes to applicable law, in each case, provided that such party gives the other party prompt written notice detailing such force majeure event and its anticipated duration and uses its reasonable efforts to limit the resulting delay in its performance. The party invoking a force majeure event shall notify the other party promptly upon the termination of such an event. During the period that the performance by one of the Parties of its obligations under the Rules has been suspended by reason of a force majeure event, the other party may likewise suspend the performance of all or part of its obligations hereunder to the extent that such suspension is commercially reasonable.
    • Sponsor. This Sweepstakes is sponsored by the Company.