SUMMER’S IN THE BAG SWEEPSTAKES

Official Rules

 

NO PURCHASE NECESSARY.  A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.

 

I. Eligibility: The Summer’s in the Bag Sweepstakes (the “Sweepstakes” or “Promotion”) is open only to legal residents of the residents of the fifty (50) United States and the District of Columbia, who are eighteen (18) years of age and older at time of entry. Officers, directors and employees of Sea Bags, LLC, Tommy Bahama Group, Inc., OluKai, LLC, each of their respective parent, subsidiary and affiliated companies, sales representatives, advertising, promotional and judging agencies, persons engaged in the development, production or distribution of materials for this Promotion (collectively, “Sweepstakes Entities”), and members of the immediate families (defined for these purposes as including spouse, parents, grandparents, children, grandchildren, siblings, and each of their respective spouse) or households (defined for these purposes as including people who share the same residence at least three months a year whether related or not) of any of the above, are not eligible to participate in the Promotion. The Sweepstakes is subject to all applicable federal, state, and local and international laws and regulations, and is void where prohibited by law.

 

II. Sponsors: Sea Bags, LLC, 25 Custom House Wharf, Portland, Maine 04101; Tommy Bahama Group, Inc. 400 Fairview Ave N #488, Seattle, Washington 98109; OluKai, LLC, 10 Faraday, Irvine, California, 92618.

 

III. Administrator: Sea Bags, LLC, 25 Custom House Wharf, Portland, Maine 04101

 

IV. Entry Period: The Sweepstakes begins June 28, 2021 at 12:00 AM Eastern Standard Time and ends July 5, 2021 at 11:59 PM Eastern Standard Time (“Entry Period”). Administrator’s servers are the official time-keeping device for the Sweepstakes.

 

V. How to Enter: During the Entry Period, visit www.https://seabags.com/sweepstakes.html and following the links and instructions to enter by providing your name and valid email address. You will automatically receive one (1) entry into the Sweepstakes drawing. By entering the Promotion, you will be automatically opted-in to receive marketing communication from each Sponsor.To enter the Sweepstakes by mail, hand-print the following on a 3½”×5” postcard: Summer’s in the Bag Sweepstakes, your full name, full mailing address, day and evening phone numbers, email address (if any) and date of birth and mail it with proper postage to: Sea Bags, Attn: Sweepstakes Entry, 25 Custom House Wharf, Portland, Maine 04101. Mail-in entries must be handwritten and postmarked by July 5, 2021 and received by July 8, 2021. Proof of sending or submission will not be deemed to be proof of receipt by Sponsors. No mechanical reproductions will be accepted. Sponsors are not responsible for lost, late, illegible, invalid, misdirected, mutilated, incomplete, or postage-due mail/entries, which will be disqualified. All Sweepstakes entrants are collectively referred to herein out as a “Participant,” regardless of whether the entrant has entered the Sweepstakes via online or mail. Limit one (1) entry per person per household mailing address.

 

By entering, Participant acknowledges compliance with, these Official Rules including all eligibility requirements, and Terms and Conditions of the Sponsors’ Websites, as applicable. Administrator reserves the right to disqualify any entry that it determines, in its sole discretion, has violated any provision of these Official Rules as applicable, and their decisions in this regard are final. Proof that you entered into the Sweepstakes online does not constitute evidence that it was received by the appropriate deadline. Participants waive all rights and remedies at law or in equity for any claim they may have relating to this Sweepstakes as a condition to receive any prize for which a Participant may be eligible to win. Incomplete entries are void. All entries and information become the property of Sponsors and will not be acknowledged or returned. In the event of a dispute as to any entry, the authorized account holder of the email account used to enter will be deemed to be the Participant. The "authorized account" holder is the natural person assigned the email account by email network administrator. Each potential Winner (as defined below) may be required to show proof of being the authorized account holder.

 

VI. Prize Drawing: Administrator will select one (1) Grand Prize Winner and one (1) Runner-Up Prize Winner (collectively, “Winners”) by random drawing from all eligible entries received during the Sweepstakes Entry Period.  The potential Winners will be selected on or around July 8, 2021. The Administrator’s decision is final and binding on all matters relating to the drawings. Each potential Winner will be notified by email and will be required to complete and sign the following: (i) an Affidavit of Eligibility and Liability/Publicity Release (“Prize Acceptance Release”), and (ii) W-9 Tax Form (collectively with the Prize Acceptance Release, the “Required Documentation”). If a potential Winner cannot be contacted using the information provided or fails to respond to Administrator’s attempt to notify them of selection within two (2) days; if any notification is returned as undeliverable or yields an error of undeliverable type “bounce back” email (regardless if the message is ultimately delivered to the recipient); if Administrator is unable to verify potential Winner’s eligibility; if potential Winner fails to sign and return the Required Documentation within two (2) days of first notification or fails to comply with these Official Rules; if any prize is returned undeliverable; or if a potential Winner is unable or unwilling to accept the prize as stated, the potential Winner is disqualified and an alternate Winner will be selected by random drawing from among the eligible entries. Up to three (3) alternate drawings will be held, time permitting, after which the prize will remain un-awarded. 

 

VII. Prizes: The following prizes will be awarded:

 

ONE (1) GRAND PRIZE WINNER will receive: one (1) Tommy Bahama Gift Card ARV $2,500; Two (2) Tommy Bahama Kalani Multi Stripe Deluxe Backpack Chairs ARV $79.50 each; two (2) Corkcicle 12 oz Stemless Wine Cups ARV $24.95 each; one (1) Tommy Bahama Wood Marlin Corkscrew ARV $20.00; two (2) COOLA Sunscreens ARV $40.00 each; one (1) Sea Bags Wavy Marlin Large Wristlet ARV $55.00; one (1) Sea Bags Wavy Marlin Beverage Bucket Bag ARV $100.00; one (1) Sea Bags Wavy Marlin Large Tote ARV $220.00; one (1) copy of “The Marlin Bar Cocktail Book” ARV $40.00; two (2) Tommy Bahama Blue Frond Beach Towels ARV $39.50. The total approximate retail value of the Grand Prize is $3,302.90.

 

ONE (1) RUNNER-UP PRIZE WINNER will receive: one (1) Tommy Bahama Gift Card ARV $1,000; two (2) Corkcicle 12 oz Stemless Wine Cups ARV $24.95 each; one (1) Tommy Bahama Navy Multi Stripe 6’x6’ Beach Blanket ARV $59.50; two (2) Tommy Bahama Marlin Caps ARV $39.50 each; one (1) Tommy Bahama Wood Marlin Corkscrew ARV $20.00; two (2) COOLA Sunscreens ARV $40.00 each; one (1) Sea Bags Wavy Marlin Large Wristlet ARV $55.00. The total approximate retail value of the Runner-Up Prize is $1,343.40.

 

The approximate retail value of the total prize package is $4,646.30.

 

Prizes cannot be redeemed for cash, are non-transferable, and no substitution will be made except as provided herein at the Administrator’s sole discretion. Administrator reserves the right to substitute a prize for one of comparable or greater value for any reason. Winners are responsible for all taxes and fees associated with prize receipt and/or use. Prizes are awarded “as is” with no warranty or guarantee, either express or implied by the Sponsors. Prizes will be fulfilled within 8-10 weeks after the conclusion of the Sweepstakes. All prize details are at Sponsors’ sole discretion. Limit one (1) prize per household.

 

VIII. Odds of Winning: The odds of winning will depend on the number of eligible entries received during the Entry Period. 

 

IX. Conditions Of Participation: By entering, all Winners consent to the use of their name, image, likeness, photograph, voice and biographical material for advertising, publicity and promotional purposes by Sponsors or a party designated by them, in any and all media now or hereafter known including but not limited to, any online announcements, or for sharing this information with the press for viewing, whether TV or print, throughout the world  in perpetuity, without additional compensation, notification or permission, except where prohibited by law. Participants agree that if selected as a Winner, they will grant to the Sponsors, and their designees the right to film and later publish footage of the Winner during their redemption of the Grand Prize. By entering, Participants and Winners release and hold harmless the Sweepstakes Entities from any claims, actions, injury, loss or damage of any kind, including but not limited to, personal injury or death, resulting from participating in this Promotion or from the acceptance, possession, use or misuse of any Prize awarded or participation in any Prize-related activity.

 

X. Opt-In and Privacy: By participating, Participants consent for the Sponsors to obtain, use, and transfer a Participant’s name, address and other information for the purpose of administering this Sweepstakes. All information submitted  by Participants as part of this Sweepstakes will be treated in accordance with the Sponsors’ respective privacy policies, available at http://seabags.com/info/privacy-policy.html, https://www.tommybahama.com/en/privacy-policy,  and https://olukai.com/pages/privacy-policy. Participant may opt into to receive future e-mails from the Sponsors. A Participant will remain eligible for this Promotion whether or not they opt into receiving promotional e-mails from the Sponsors.

 

XI. Entry Errors/Tampering: The Sweepstakes Entities are not responsible for: (i) electronic or digital transmissions or any entries that are lost, late, stolen, incomplete, illegible, damaged, garbled, destroyed, postage-due or misdirected; (ii) any problems or technical malfunctions, errors, omissions, interruptions, deletions, defects, delays in operation or transmission, communication failures, destruction or unauthorized access to, or alteration of, entries; (iii) failed or unavailable hardware, network, software or telephone transmissions, damage to  Participant’s or any person’s computer and/or its contents, or causes beyond the Sweepstakes Entities’ reasonable control that jeopardize the administration, security, fairness, integrity or proper conduct of this Sweepstakes; (iv) any entries submitted in a manner that is not expressly allowed under these rules; (v) incorrect or inaccurate entry information whether caused by Participants or by any of the equipment or programming associated with or utilized in the Sweepstakes, (vi) any typographical or other error in the printing or advertising of the offer, administration or execution of the Sweepstakes, or in the announcement of prize/prize Winners; or (vii) malfunctions or interference resulting from illicit, malicious or injurious code (including but not limited to viruses, worms and denial of service attacks). If for any reason the Sweepstakes cannot be executed as planned, including but not limited to transmission failure, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of a Sponsor that corrupt or affect the security, administration, fairness, integrity or proper conduct of the Sweepstakes, or if the Sweepstakes is compromised or becomes technically corrupted in any way, electronically or otherwise, the Sponsors reserve the right to cancel, modify or terminate the Sweepstakes and reserves the right, but shall not be obligated, to randomly select the Winners from among all non-suspect entries received as of the date/time of such termination/cancellation or modification. The Sponsors reserve the right, at their sole discretion, to disqualify and prosecute any individual who tampers with or attempts to tamper with the entry process or who enters using any automatic or programmed entry duplication method.

 

CAUTION: ANY ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE ANY WEBSITE OR OTHERWISE CORRUPT THE SWEEPSTAKES OR TO UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS.

 

SHOULD SUCH AN ATTEMPT BE MADE, SPONSORS RESERVE THE RIGHT TO DISQUALIFY, PROSECUTE AND SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.

 

XII. Limitation of Liability: Without limiting any other limitations or disclaimers of liability herein, in the event of any claim by a Participant against the Sweepstakes Entities, any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes, but in no event shall there be a claim or award of attorneys’ fees or costs; and under no circumstances will Participants be permitted to obtain, and Participant hereby waives all rights to claim, punitive, incidental, special, indirect and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased.

 

XIII. Dispute Resolution: Except where prohibited, Participant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Promotion shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the District of Maine; (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, but in no event attorneys’ fees; and; (3) under no circumstances will Participant be permitted to obtain awards for, and Participant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased.  All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the Participant and Sponsors in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the State of Maine, without giving effect to any choice of law or conflict of law rules (whether of the State of Maine or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Maine. 

 

XIV. Winners List: For the names of the Winners send a self-addressed, stamped legal size envelope no later than July 12, 2022 to: Sea Bags, Attn: Summer’s in the Bag Sweepstakes Winner, 25 Custom House Wharf, Portland, Maine 04101. 

 

XV. Miscellaneous: The names of individuals, groups, companies, products and services mentioned herein, and any corresponding likenesses, logos and images thereof reproduced herein, have been used for identification purposes only and may be the copyrighted properties and trademarks of their respective owners. The mention of any individual, group or company, or the inclusion of a product or service as a prize, does not imply any association with or endorsement by such individual, group or company or the manufacturer or distributor of such product or service and, except as otherwise indicated, no association or endorsement is intended or should be inferred. The invalidity or unenforceability of any provision of these Official Rules or the Prize Acceptance Release will not affect the validity or enforceability of any other provision. In the event that any provision of the Official Rules or the Prize Acceptance Release is determined to be invalid or otherwise unenforceable or illegal, the other provisions will remain in effect   and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. Sponsors’ failure to enforce any term of these Official Rules will not constitute a waiver of that provision. For Participant, to the extent there is a conflict between these Official Rules and any terms of use or other agreement posted on the Sponsors’ Websites, these Official Rules control.