This sweepstakes (the “Sweepstakes”) offered by Lunya Company (the “Company”) is governed by the following rules and terms of agreement (the “Rules”). NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS CONTEST. By entering, By entering the Sweepstakes, you (Entrant”) (together with Company, the “Parties”) fully and unconditionally agree to be bound by the following:
1. Start and End Dates
The Sweepstakes shall begin on Monday, June 21, 2021 and shall continue until Wednesday, June 30, 2021 at 11:59 PST (the “Sweepstakes Period”).
The Sweepstakes is open only to legal residents of the United States who are at least 18 years of age. Limit one (1) entry per person. Only fully complete entry forms are eligible.
3. How to Enter
During the Sweepstakes Period, Entrant may enter the Sweepstakes by visiting lunya.co and following the instructions. Upon completion of the necessary requirements, Entrant will receive one entry into the Sweepstakes. A purchase or payment of any kind will not improve an entrant’s chance of winning.
4. Entry Guidelines
Entrant must provide a name, email address, phone number and answer quiz questions to properly enter into the Sweepstakes. Entrant represents and warrants that the information provided in connection with the Sweepstakes is truthful and accurate.
5. Winner Selection
Winners will be selected by 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 Company’s sole discretion, will result in Entrant’s disqualification from the Sweepstakes. Winners will be notified via the email address they provide. Notwithstanding anything in Company’s notification, Entrant has 7 days to accept the prizes won. If Entrant fails to accept within 7 days, the prize shall be forfeited and an alternate winner shall be selected from all remaining eligible entries.
If selected as a winner of the Sweepstakes, Entrant will win:
(a) Lunya’s Linen Silk collection [**will market this as favorite pieces since we don’t know what ST will be] [NOTE TO LUNYA: we need to be more specific in final rules]
(b) Up to 3 night complimentary stay at Nobu Cabo in Deluxe Ocean Room View
(c) 20% discount on food & beverage consumption at Ardea Steakhouse, Playabar, Pacific Restaurant, Nobu Cafe, Room Service, or Malibu Restaurant (excludes Nobu Restaurant & Bar)
(d) $100 US Spa credit per person per day at Esencia Wellness Spa (applicable towards massages 50+ min, body treatments, facials)
Prizes are non-transferable, with no cash redemptions, equivalents or substitutions except at Company’s sole and absolute discretion. All prize details not specified in these Rules will be determined in Company’s sole and absolute discretion. Prize details and availability are subject to change and Company’s rules and restrictions.
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 ($600.00) will 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 will be filed with the IRS. To receive prizes
8. Limitation of Liability
By participating in the Sweepstakes, Entrant agrees to waive, release and hold 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 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.
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).
Entrant agrees to indemnify, defend, and hold harmless 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.
11.1 Survival. Sections 6, 7, 8, and 9, 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.
11.2 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.
11.3 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.
11.4 Entire Agreement; Amendment. 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.
11.5 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
11.6 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.
11.7 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.
11.8 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.