Ocean's Tiktok Giveaway Terms and Conditions
TERMS AND CONDITIONS
These are the terms and conditions for giveaways run on TikTok (the “giveaway”) by Ocean’s (“Oceans”, “we” or “our”). These terms and conditions, any information shared in the TikTok publication where the giveaway is announced, and the privacy notice, forms the full and final contract governing the giveaway (the “Contract”). Please read all the provided information in the post, these terms and conditions, and the privacy notice carefully before entering the giveaway. By participating in the giveaway, you (the “participant”, “you” or “your”) accept the Contract.
Participation in a giveaway is free of charge and participants are not obligated to make any purchases.
The giveaway is hosted solely by Ocean’s, and it is not sponsored, endorsed, or administrated by, or associated with, as applicable, TikTok.
1. PARTICIPATION ELIGIBILITY
To participate in the giveaway, you must
a) be at least 18 years of age,
b) be a legal resident of Canada
c) not be an Ocean’s employee or an immediate family member of an Ocean’s employee.
By participating in the giveaway, you confirm and warrant that you fulfill these conditions. Should it come to Ocean’s attention that that you have entered the giveaway despite not fulfilling these conditions, Ocean’s reserves the right to exclude you from participation and you will not be eligible to be drawn as the winner of the giveaway.
2. GIVEAWAY TERM AND DRAWING THE WINNER
The detailed requirements for participating in the giveaway will be posted on Ocean’s account on TikTok, @oceansseafood, upon the commencement of the giveaway. Once you have fulfilled the requirements, you have the chance to be drawn as the winner of the giveaway!
The winner of the giveaway will be randomly selected through a draw between all the eligible participants and will be announced on Ocean’s TikTok.
Start and end date of the giveaway will be announced on Ocean’s TikTok account, and the winner is drawn and announced on the same account in accordance with Ocean’s communication on its TikTok account.
Please note that the winner will be contacted by Ocean’s through a DM from Ocean’s official handle only, we will never ask you to follow any other accounts, transfer money or provide any payment details.
Ocean’s is not responsible for and shall not be liable for late, misdirected or unsuccessful efforts to notify a potential winner(s). If the potential winner does not claim the prize within the appropriate time given upon, the entrant will automatically be disqualified and their prize will be forfeited.
3. PRIZE
The prize won in the giveaway will be Ocean’s and Ripley’s Gift boxes. There are 3 winners in total. Each gift box contains one (1) Ocean Vibes Hoody made from recycled plastic, Ripley’s SWAG: (1) cap, (1) t-shirt, (1) water bottle, (1) plushie, as informed in the post where the giveaway is announced. It is not possible to exchange, collect or redeem the prize in cash.
4. LIABILITY AND WAIVER
Ocean’s can exclusively be held liable for damages in case of intent or gross negligence by Ocean’s, or where Ocean’s otherwise is liable in accordance with applicable mandatory law. To the extent permittable under applicable laws, Ocean’s liability shall be limited to the value of the prize in the giveaway.
Ocean’s does not make any warranties, whether express, implied or statutory, other than what is expressly stated in the Contract. Access to the giveaway might depend on circumstances out of Ocean’s control, including actions pertaining to third parties, such as the social media platform (TikTok) and their availability, up or downtime, data loss, functions etc. For errors, delays, damage, or other results based on circumstances pertained to such a third party, Ocean’s does not assume any liability.
Ocean’s disclaims all liability for any delays, misdelivery, loss, or failure in the delivery of any item sent by mail, courier, express, electronic transmission, or other delivery method.
5. DISQUALIFICATIONS AND PENALTIES
If it becomes evident that any of the Participants have not met the requirements of the Terms and Conditions, or that the data provided for participation is not valid, the participation is considered null and void and the Participant will automatically be excluded from the Promotion, losing all rights to the prize(s) on offer in the Promotion.
Participation in this Promotion, as well as the publication of comments made by Participants in their posts, may not under any circumstances infringe the TIKTOK COMMUNITY GUIDELINES or the TikTok terms of use.
6. ADVERTISING CONSENT
By participating in the giveaway, you confirm that you have understood that your name will be published on Ocean’s social media account if you are the winner, and you consent to this use of your name.
7. PROTECTION AND PERSONAL DATA
Each winner must complete the Sponsor’s Release to: (i) confirm compliance with all Giveaway Rules; (ii) agree to accept the prize as awarded; (iii) release, discharge and hold harmless the Sponsor and participating brokers, and each of their Affiliates, franchisees, advertising and promotional agencies, counsel, marketing partners and each of their and their Affiliates’ respective directors, officers, employees, shareholders, Affiliates, successors, partners, agents, advisors, suppliers, distributors and assignees (“Released Parties”) from and against any and all manner of liability, action, cause of action, claim or demand, loss or injury, use or misuse of a prize, suit, debt, covenant, contract, including legal fees and expenses, including but not limited to, claims based on negligence, breach of contract and fundamental breach, failure of any third party contractor or supplier used in connection with any aspect of the Giveaway to perform or deliver any goods or services, any act of God or any other event beyond the Released Parties’ control, any dissatisfaction of any kind by a winner with any aspect of the Giveaway or any prize, liability for physical injury, death, or property damage which the entrants, their heirs, successors or assignees have, might have or could have suffered, by reason of or arising out of the entrant’s participation in the Giveaway and/or in connection with the acceptance and/or exercise by the entrant of the prizes as awarded; and (iv) indemnify the Released Parties against any loss, damage or expense, including legal fees, that any of the Released Parties may suffer or incur as a result of any non-compliance by an entrant with any of the Giveaway Rules or participation in the Giveaway and/or in connection with the acceptance and/or exercise by an entrant of a prize.
The Sponsor is not responsible for: (i) incorrect or inaccurate entry information which may affect a person’s ability to participate in the Giveaway or be awarded a prize, including but not limited to human error, technical malfunctions, lost or delayed entries for any reason, mail failures, omission, or any combination thereof, and entries which fail to fully comply with these Giveaway Rules; (ii) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in telephone lines or network hardware or software; (iii) lost, stolen, incomplete, damaged, delayed, mutilated or misdirected entries or Releases either prior to or after delivery to Sponsor; (iv) injury or damage to the entrant’s computer or to any other individual’s computer related to or resulting from participating in, or downloading any material regarding the Giveaway or accepting a prize; (v) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Giveaway or receipt or use or misuse of any prize; (vi) the security or privacy of information transmitted via computer networks or for breaches of privacy due to interference by third party computer “hackers” or otherwise; or (vii) late, lost, misdirected or unsuccessful efforts to notify a potential winner.