NO PURCHASE NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES.
1. SWEEPSTAKES DATES AND TIMES: The Misfits Market “Fresh Start” Sweepstakes (“Sweepstakes”) begins on January 10, 2024 at 12:00 a.m. ET and ends January 31, 2024 at 11:59 p.m. ET (the “Sweepstakes Period”).
2. ELIGIBILITY: This Sweepstakes is open only to individual legal residents of the fifty (50) United States and the District of Columbia, at least 18 years of age (or the age of majority in his or her state of residence if greater than 18) on date of entry. Employees of Misfits Market, Inc. or Imperfect Foods, Inc. (collectively, “Misfits Market” or “Sponsor”) or Stasher, Inc. (“Stasher”), Open Mind Developments Corporation (dba Lomi) (“Lomi”), and Tokimeku Inc. d/b/a Material (“Material”) (collectively “Prize Providers” and each, a “Prize Provider”) and their respective employees’ immediate family members (parents, spouses, siblings, children, and grandparents, regardless of where they reside), and members of the same household (whether legally related or not), and its and their respective affiliates, subsidiaries, parent companies, and advertising and promotion agencies are not eligible to enter or to win. Parties that are under any obligation, contractual or otherwise, that would limit or impair Sponsor’s ability to use the Entry as set forth in these Official Rules, and parties that are under a merchandising or similar agreement that would restrict exploitation of any right related to the Entry, are also not eligible to enter or to win. Sweepstakes void where restricted or prohibited. By entering, you represent that you have read these Official Rules and agree to abide by and be bound by all terms of these Official Rules.
4. ENTRY REQUIREMENTS: By participating in the Sweepstakes, you warrant that you have sole control of and access to the email address you provide. Automated or robotic Entries will be disqualified. Any attempt to obtain more Entries by using multiple/different email addresses, identities, registrations, logins or any other methods, including, but not limited to, commercial giveaway/giveaway subscription notification and/or entering services, will void your Entries and you will be disqualified. You indemnify Sponsor from and against any cause of action, complaints, or other claims arising out of the breach of any of the warranties set forth herein. Sponsor reserves the right to disqualify any Entry if, in Sponsor’s sole discretion, it considers an Entry inappropriate in any way or otherwise not in compliance with these Official Rules. Sponsor reserves the right to not award the Prize in the event it does not receive any eligible Entries. Decisions of Sponsor are final and binding.
5. DRAWING: A potential winner (“Winner”) will be selected in a random drawing following the conclusion of the Sweepstakes Period. Odds of winning depend on the number of eligible entries received. Designation as the Winner is subject to the potential Winner’s proof of compliance with these Official Rules, continued compliance with these Official Rules, and approval by Sponsor. The decisions of Sponsor are final and binding in all matters relating to this Sweepstakes, including interpretation and application of these Official Rules.
6. NOTIFICATION OF WINNER: Sponsor will notify the potential Winner following conclusion of the Sweepstakes Period by sending the potential Winner an email. Sponsor and the Prize Providers shall have no liability for Winner’s failure to receive notices due to Winner’s spam, junk e-mail or other security settings or for Winner’s provision of incorrect or otherwise non-functioning contact information. The potential Winner will be required to follow the instructions provided by Sponsor and respond as instructed by Sponsor within the time frame specified. The potential Winner may be required to sign and properly execute an Affidavit of Eligibility and Publicity/Liability Release (where legal) (collectively, the “Release”) and return the Release via email (and subsequently by mail) to Sponsor within the time frame specified. The potential Winner may also be required to perform additional clearance requests at Sponsor’s discretion. Upon receipt and confirmation of documentation, the potential Winner will be named the “Winner”. If the potential Winner fails to properly execute and return all information and/or documents described herein in the time specified by Sponsor, or if the potential Winner declines to accept the Prize, or if the potential Winner is found not to be eligible or not in compliance with these Official Rules, the potential Winner may be disqualified and, at Sponsor’s discretion and time permitting, an alternate winner may be selected (subject to all verification and eligibility requirements of these Official Rules) even if the disqualified potential Winner’s name or Entry may have already been shown or announced online. In addition, you acknowledge and agree that Sponsor reserves the right to disqualify any potential Winner at any time, in its sole discretion, on the basis of anything contained in, or learned or obtained as a result of, the submitted Release or any other forms requested by Sponsor that, in Sponsor’s sole opinion, would constitute a breach of these Official Rules or any such forms, inclusive of any proof of permission that Sponsor may request in its sole discretion.
7. PRIZE: One (1) Winner will receive a $250 Misfits Market gift card, a $200 Stasher gift card, one (1) Lomi Bloom in the color of the Winner’s choice, one (1) Material “The Full reSet” in the color of the Winner’s choice, and one (1) Material “Trio of Knives” in the color of the Winner’s choice (“Prize”). Prize is non-transferable; no substitutions allowed, except at the discretion of Sponsor. All details of Prize shall be determined solely by Sponsor. Allow 6-8 weeks for delivery of Prize, pending winner verification. The approximate retail value (ARV) of the Prize is $1,324. Use of the Prize will be governed by the terms, conditions, and limitations set forth the Terms of Service of Sponsor and each Prize Provider, which can be found at https://www.misfitsmarket.com/terms-of-service, https://www.stasherbag.com/pages/terms-of-service, https://lomi.com/policies/terms-of-service, and https://materialkitchen.com/pages/terms-and-conditions. Any and all Prize related expenses, including without limitation any and all federal, state, and local taxes shall be the sole responsibility of the Winner. Acceptance of Prize constitutes permission for Sponsor and each Prize Provider to use Winner’s name, likeness, and entry for purposes of advertising and trade without further compensation, unless prohibited by law. Prizes are awarded “as is” with no warranty or guarantee.
8. LIMITATION OF LIABILITY: Sponsor, Prize Providers, any of their parents, subsidiaries, and affiliates, or any of its or their respective officers, directors, shareholders, agents, and employees, Instagram, Facebook, TikTok, LinkedIn, Google, Twitter, Gleam, or any Internet access providers (collectively “Releasees”) are not responsible for: incorrect or inaccurate entry of Entry information; human error; technical malfunction; lost/delayed data transmission; omission; interruption; deletion; defect; failure of any telephone, computer, or other network or of any computer equipment, software, or any combination thereof; inability to access the Internet; late, lost, damaged, misdirected, incorrect or incomplete Entries; or any other problems or errors related to the Sweepstakes. Entries that do not comply with these Official Rules, as determined by Sponsor, will be subject to disqualification from the Sweepstakes.
9. ADDITIONAL TERMS: Sponsor reserves the right, in its sole discretion, to disqualify any individual found tampering with the entry process or entry materials. If, in Sponsor’s opinion, there is any suspected or actual evidence of electronic or non-electronic tampering with any portion of the Sweepstakes, or if technical difficulties compromise the integrity of the Sweepstakes, Sponsor reserves the right to void suspect Entries and/or terminate the Sweepstakes and award the Prize from among all Eligible Entries received as of the termination date or as otherwise deemed fair and appropriate by Sponsor.
10. DISPUTES/CHOICE OF LAW: The laws of the United States govern the Sweepstakes. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of you and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of New York, without giving effect to any choice of law or conflict of law rules or provisions (whether of the State of New York or any other jurisdiction), that would cause the application of the laws of any jurisdiction other than the State of New York. You agree that: (a) any and all disputes, claims, and causes of action arising out of or in connection with this Sweepstakes, or any prizes awarded, shall be resolved individually, without resort to any form of class action; (b) if the parties are unable to resolve their dispute amicably, such dispute shall be resolved by arbitration; (c) 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 and under no circumstances will you be permitted to obtain awards for attorneys’ fees; and (d) you hereby waive all rights to claim 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.
11. WHO WON? To receive the name of the Winner, contact Sponsor at https://help.misfitsmarket.com/contact/.
12. SPONSOR: Misfits Market, Inc., 7481 Coca Cola Drive, Hanover, MD, 21076.