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OFFICIAL RULES

Effective January 15th, 2024

NOTICE REGARDING DISPUTE RESOLUTION: THESE OFFICIAL RULES CONTAIN TERMS THAT GOVERN HOW CLAIMS BETWEEN YOU AND SPONSOR, RELATING TO YOUR PARTICIPATION IN THE Event, WILL BE RESOLVED.  FOR EXAMPLE, SECTION 18 INCLUDES AN ARBITRATION AGREEMENT AND WAIVER OF A CLASS ACTION THAT REQUIRES YOU TO SUBMIT ALL CLAIMS TO ARBITRATION (INSTEAD OF GOING TO COURT BEFORE A JUDGE AND JURY) AND LIMITS YOUR ABILITY TO BRING CLAIMS ON BEHALF OF ANYONE OTHER THAN YOURSELF (THAT IS, IT PROHIBITS YOU FROM BRINGING ANY PURPORTED CLASS ACTION OR PURPORTED COLLECTIVE OR REPRESENTATIVE PROCEEDING).

NO PURCHASE, PAYMENT, OR DONATION OF ANY KIND IS NECESSARY TO ENTER OR WIN.  A PURCHASE, PAYMENT, OR DONATION WILL NOT INCREASE THE CHANCES OF WINNING.

1. THE SPONSOR: Brandee Anthony Media LLC d/b/a Vero Beach Mermaid and Charity Leblanc LLC (referred to herein as collectively as  “Sponsor”) are Florida Limited Liability Companies and for-profit entertainment, content creation, and media companies.

2.  WINNER(S):  One (1) grand prize winner (the “Grand Prize Winner”);  One (1) second place winner (the “Second Place Winner”)(collectively, “Winners” and each individually a “Winner”).

3. PRIZE PROVIDER(S):  Sponsor, Brandee Anthony, Charity LeBlanc, Salty Sea Siren, Lost Ocean Swim, Hilton West Palm Beach (“Prize Providers”).

4.  PRIZE DETAILS: 

(a) The Grand Prize.  

Grand Prize Winner will receive:  

• Getaway with Brandee Anthony and Charity LeBlanc on 04/04/24 3 pm EST until 04/06/24 3 pm EST at Hilton West Palm Beach (the “Event”); 

• $500 cash prize 

• Swag bag (“ARV”):  $200 (USD).

• Acro yoga class

• Mermaid experience with Vero Beach Mermaid

• Hotel accommodation at Hilton West Palm Beach 04/04/24 to 04/06/24.  Approximate Retail Value (“ARV”): $1600 (USD).

• Professional photoshoot with Brandee Anthony Media (Grand Prize Winner must sign a photography agreement and release).  Approximate Retail Value (“ARV”):  $650 (USD).

• Private Pool Cabana rental at Hilton West Palm Beach (“ARV”):  $2,000 (USD).

• Handmade creation by Charity LeBlanc.  Approximate Retail Value (“ARV”):  $500 (USD).

• 3 Meals at Hilton West Palm Beach.  Approximate Retail Value (“ARV”):  $300  (USD).

(the “Grand Prize”).    

The Grand Prize is strictly limited to those elements described in this Section 4. 

Any Grand Prize elements not specifically described in this Section 4 may be determined by Sponsor at its sole and absolute discretion.  Sponsor may, in its sole and absolute discretion, present Grand Prize Winner with one or more Grand Prize options, from which Grand Prize Winner may choose one.  However, Grand Prize Winner is not guaranteed or entitled to have the ability to request or demand any Prize elements that are not specifically stated in this Section 4.    Winner is responsible for taxes and other costs (such as travel).  

(b) Second Place.  

Second Place Winner will receive:  

-gift box with various items

(the “Second Place Prize”).    

The Second Place Prize is strictly limited to those elements described in this Section 4. 

 Any Second Place Prize elements not specifically described in this Section 4 may be determined by Sponsor at its sole and absolute discretion.  Sponsor may, in its sole and absolute discretion, present Second Place Winner with one or more Second Place prize options, from which Second Place Winner may choose one.  However, Winner is not guaranteed or entitled to have the ability to request or demand any Prize elements that are not specifically stated in this Section 4.  Winner is responsible for taxes and other costs (such as travel).  

(c)  Except as explicitly stated, all Prizes are awarded as is, without any representations or warranties, and cannot be transferred, sold, substituted, or redeemed for cash by Winner.  Unless noted in the Prize details in this Section 4, Winner is solely responsible for all taxes, costs, and fees associated with Prize receipt, ownership, and/or use.  In order to accept the Grand Prize, Winner must accurately complete and timely return all documentation, including without limitation additional contracts, required by Sponsor and/or the Prize Provider.

(d)  Winners may be required to complete and return an IRS W-9 form, W8-BEN, or other applicable forms (i.e., Request for Taxpayer Identification Number and Certification).  Sponsor will not replace any lost or stolen Prize(s) or components of a Prize(s). 

(e) Winner is entitled, at their discretion, to refuse to accept some or all of the Prize(s) that they are eligible to receive and, in such instances, will be deemed to have forfeited the Prize.  If at any time and for any reason, a Winner is deemed to have forfeited a Prize, in whole or in part, or fails to accept delivery of the Prize(s) within a reasonable period, Winner will not be entitled to any alternate Prize or any other compensation of any kind, and Sponsor shall have no obligation to award the rejected or unclaimed portion of any Prize(s) to an alternative winner.

(f)  Winner is responsible for arranging Winner’s travel and transportation to and from the Event location and showing up for the Event.

(g)  Certain types of Prizes may have other restrictions or limitations, including without limitation as follows:

(i) Prizes That Include Attending an Event:  In the case the Event is delayed or rescheduled for any reason, rescheduling of the event may be provided at the sole discretion of Sponsor. If the event is canceled for any reason, the remainder of the Prize, if any, will be awarded without the scheduled event. Sponsor may substitute an alternate Prize of equal or greater value (including in the form of cash) at its sole discretion. 

(iv) Prizes That Include Meeting or Greeting any Person: Meet and greet portion of the Prize is subject to availability. In the case of unavailability, the remainder of the Prize, if any, will be awarded without the meet and greet portion.

(v) Prizes That Involve Participating in a Physical Event: Sponsor may require Winner and Winner’s guest(s), if applicable, to be examined by a doctor or other appropriate medical professional before participating in the event. Sponsor and/or Event Partners reserve the right to decline participation in the event to any Winner or Winner’s guest(s), if applicable if it is deemed that individual is unfit, in an unsafe condition, acting in an unsafe manner, fails to meet the requirements of that particular component of the event (which may include, without limitation, height/weight restrictions or restrictions based on the health of the participant) or for any other reason as determined by Sponsor in its reasonable discretion. In such circumstances, the Potential Winner may be required to take cash or other prize alternatives, if available as part of the Event. If such an alternative prize is not available, Potential Winner may be disqualified.

(vi) Prizes That Involve Appearing in a Film, TV, or Other Production: This portion of any Prize is subject to the production occurring as scheduled and to the Potential Winner entering into third-party agreements including agreements regarding appearance releases, confidentiality and background checks. Participation in such an on camera opportunity does not guarantee any type or length of appearance or that such appearance will be included in the final production or that the production will be released at all.

All third-party names and trademarks are the property of their respective owners.

5.  APPLICABILITY OF THE RULES: 

(A) These Official Rules provide the general terms and conditions applicable to the Event.  The Event is subject to all applicable international, federal, state, and local laws and regulations and is void where prohibited. 

(B) Binding Contract. The Official Rules form a binding contract between Sponsor and the Event participant (a “Participant.”)  Entry into any Event constitutes Participant’s full and unconditional agreement to the Official Rules and Sponsor’s decisions, which are final and binding in all matters relating to the Event. If you do not agree to these Official Rules do not enter the Event.

6. ELIGIBILITY: To be eligible to enter the Event or be awarded the prizes(s) (each a “Prize”), a Participant must fully comply with the Official Rules.  This Event is only open to individuals who (i) are at least 18 years of age or older at time of entry; (ii) are NOT in one or more of the “Prohibited Persons” categories listed in Section 6(B), below; and (iii) are legal residents of the United States. Any entry submitted by any ineligible person(s) will be void.  

(A)  Age to enter.  You must be at least 18 years old to enter.  

(B) Prohibited Persons. The following individuals are not eligible to enter or win any Event:

(i) Any employees, officers, and/or directors of any of the following (collectively, the “Event Partners” ): (a) Sponsor;  (b) Sponsor’s third-party contractors who participate in or provide services related to the  selection process for the applicable Event, and (c) any contractor or other partner engaged by Sponsor to supply and/or fulfill any portion of the Prize(s), including, without limitation, any Prize supply partners.  

(ii) The immediate family members of (meaning, spouse, parent, child, sibling, and their respective spouses, regardless of where they reside) and/or those living in the same household as the employees, officers and/or directors of Sponsor supported by the Event (whether or not related).

(C) Prohibited Jurisdictions: This Event is only open to legal residents of the United States.  Residents of any territory outside of the United States are not eligible to participate in this Event.

(D) Health and Safety:  Sponsor and/or Prize Provider may require that the Winner (i) attest to having received certain vaccinations, including, without limitation, a COVID-19 vaccination, and provide proof of the same (in a format determined by Sponsor and/or Prize Provider in its sole discretion) and/o (ii) provide proof of a negative COVID-19 test (testing and proof of results in a format determined by Sponsor and/or Prize Provider in its sole discretion) in order to accept the Grand Prize.  In the event a Winner is unable to produce proof of vaccination and/or a negative COVID-19 test reasonably satisfactory to Sponsor and/or Prize Provider, and adhere to any COVID-19 protocols during the Event, Sponsor reserves the right to require that Winner take the Cash Alternative (if provided) or substitute an alternate Prize of equal or greater value in its sole discretion.

(E) Anti-Piracy:  Winner must agree to abide by standard anti-piracy security protocols in order to accept the Grand Prize.

Entry is subject to all applicable international, federal, state, and local laws and regulations and is void where prohibited.  In certain jurisdictions, local rules and laws may restrict or prohibit the award of certain prizes or impose additional restrictions on participation.

7. HOW TO ENTER:  To enter the Event contest, entrant must complete the following: 

• Follow @verobeachmermaid and @charity.grace on Instagram.

• Tag three valid Instagram users in the comments section of the Event’s official giveaway post.

• Share official giveaway post to your story

• Submit information on the application landing webpage 

 

The Event contest begins 2/16/2024 at 12:00 pm , Eastern Time, and ends 2/23/2024 at 12:00pm , Eastern Time (the “Entry Period”). Only those entries received by Sponsor during the Entry Period will be valid. Sponsor will be the official timekeeper for the Event.  Winner will be selected at random from all valid entries received by the Sponsor during the Entry Period.  Potential Winner will be notified, on or after the close of the Entry Period and must timely respond in accordance with the terms and deadlines herein.

8. ENTRY LIMITATIONS AND RESTRICTIONS: Only accurate and complete entries submitted during the Entry Period and received by Sponsor are eligible. Any incomplete, illegible, corrupted, or untimely entries are also void and ineligible to win. Proof of submission will not be deemed to be proof of receipt by Sponsor. Sponsor is not responsible for lost, late, illegible, incomplete, invalid, unintelligible, misdirected, technically corrupted or garbled entries, or for other submission problems of any kind, whether caused mechanical, human or electronic error, all of which are void and ineligible to win. Additionally, Sponsor is not responsible for any telephone, electronic, hardware, software, network, Internet, or computer malfunctions, failures, or difficulties. 

(A) Entry Limit.  The maximum number of entries for any one person into this Event (the “Entry Limit”) is one (1), regardless of the method of entry.

(B) Required Information.  Participants must provide all required information and sign all required documents specified on the Event’s webpage or entry form to be eligible to enter and win.

(C) Email Address Requirements. Participants may not use multiple email addresses, identities, address, logins, devices, or any other tactics used in an effort to receive entries over the Event’s Entry Limit.  To receive valid entries, Participant must provide a valid email address for which the Participant is the authorized owner. Multiple Participants may not share the same email address.  In the event of a dispute as to the identity of any Participant, the authorized account holder of the email address used to enter will be deemed to be the Participant. The “authorized account holder” is the natural person assigned an email address by an internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Potential Winners and/or Winners (as defined below) may be required to show proof of being the authorized account holder. Any entries connected to an invalid, non-working, or inactive email address, or linked to an authorized account holder other than Participant, are void and ineligible to win. Any conduct in violation of this Section is strictly prohibited and will void all entries for that Participant and may result in disqualification of Participant from all Events, at Sponsor’s discretion. 

(D) No automated entry devices. All entries must be submitted by the individual Participant to be valid.  Use, or attempted use, of any robotic, automated, programmed, mechanical, or other non-manual entry methods will void all entries for that Participant and will result in disqualification of the Participant from all Events, at Sponsor’s discretion. No copies, facsimiles, or other mechanical or electronic reproductions of entries will be accepted. Sponsor has the sole right and discretion to make a determination that Participant used or attempted to use any such prohibited automated entry methods.

(E) Contact Details. By entering any Event, you agree that Sponsor may contact you via email, phone, or social media. 

9. ENTRY CONDITIONS AND RELEASE: As a condition of entering any Event, Participant expressly:

(A) Consents to receive information or promotional materials from Sponsor, or any of the other Event Partners, via email and/or mail;

(B) Represents and warrants that (s)he agrees to be bound by these Official Rules and decisions of the Sponsor, which will be binding and final in all matters relating to the Event;

(C) Releases the Event Partners, and any advertising platform used in connection with the promotion of any Event, including, without limitation, the Facebook platform owned and operated by Meta Platforms, Inc., Google LLC, Instagram, Inc., Pinterest, Inc., Reddit, Inc., Snap Inc., Twitter, Inc., and any of their respective parents, subsidiaries and affiliates (collectively “Advertising Platforms”), from all liability, loss or damage or expense arising out of or in connection with participation in the Event or the acceptance, use, or misuse of any Prizes;

(D) Knowingly and expressly waives all rights to claim, punitive, exemplary, indirect incidental, consequential, or any other damages, other than for actual out-of-pocket expenses and/or any rights to have damages multiplied or otherwise increased;

(E) Agrees that all claims, disputes, or causes of action arising out of or connected with the Event, or any Prizes awarded, shall be individually resolved in binding arbitration, per Section 18, without resort to any form of class, collective or representative action;

(F) Agrees that any and all claims, judgments, and awards, if permitted to proceed, will be limited to Participant’s actual out-of-pocket costs incurred (if any), excluding attorneys’ fees and court costs.

Some jurisdictions do not allow the limitations or exclusion of liability set forth above in Section 9. So, some of the provisions contained in this section may not apply to every Participant.

10. WINNER SELECTION: Potential winner(s) of the Event (the “Potential Winner”) will be selected on 9/24/2022. 

11. WINNER NOTIFICATION PROCESS: Potential Winners will be contacted using the email address used to enter the Event. Potential Winners must respond to the Potential Winner notification email within 24 hours of it being sent (or the time frame indicated in the Potential Winner notification email, if another time frame other than 24 hours is specified). If a Potential Winner fails to respond to the notification email within the stated period, Potential Winner may be disqualified and, in such instances, will forfeit any claim to any of the Prizes(s).  After sending the Potential Winner notification email, to the extent a phone number has been provided, Sponsor reserves the right to also contact Potential Winners via phone as well.  By entering, Potential Winners expressly authorize Sponsor to name, tag, or otherwise identify Potential Winner on Sponsor’s websites, social media pages, and/or in Sponsors other promotional materials.

Some jurisdictions may prohibit Sponsor from conditioning participation on Potential Winner’s consent to publicity described in this Section. Potential Winners who are residents of such jurisdictions and who object to such publicity, must notify Sponsor of objections via email during the Potential Winner confirmation and verification process.

12. CONFIRMATION AND VERIFICATION OF POTENTIAL WINNERS: A Potential Winner will only be confirmed as the winner eligible to receive the Prize after Sponsor has completed verification of Potential Winner’s eligibility to win and confirmed Potential Winner’s compliance with the terms of these Official Rules. Potential Winners must be willing and able to claim and/or accept the Prizes(s) in full in the period specified by Sponsor. Potential Winners are subject to confirmation and verification by Sponsor, by whatever means Sponsor shall deem appropriate. To be confirmed and verified as eligible to win, a Potential Winner must comply with all terms and conditions of these Official Rules and fulfill all requirements. Sponsor’s decisions are final and binding in all matters related to the administration, operation, drawing, verification of the Winner, and all issues related to the Event. 

(A) Winner Documentation. To receive the Prize(s), and as part of the Winner confirmation and verification process, Potential Winner must accurately complete and timely return Sponsor’s Affidavit of Eligibility, Release of Liability and Publicity Release (where permitted by law), any other documentation (for instance health and safety forms, including any vaccination attestations, including providing proof of the same in a format determined by Sponsor in its sole discretion) reasonably required by Sponsor or the provider of the Prize(s) (where permitted by law), and/or any other document necessary to confirm and verify a Potential Winner’s eligibility, as determined by Sponsor, in its sole discretion (collectively, the “Winner Documentation”). Potential Winner must fully and accurately complete Winner Documentation and timely return all such documentation by the date specified by Sponsor, or the Potential Winner may be disqualified and will forfeit any claim to any of the Prizes(s). 

(B) Background Checks. Except where legally prohibited, Sponsor reserves the right to conduct background checks on a Potential Winner and any Potential Winner guests, where applicable. Participation in the Event constitutes Participant’s authorization to such background checks without Sponsor providing any additional prior notice or seeking additional permissions or consents from Potential Winner. Sponsor reserves the right, in its sole discretion, to disqualify any Potential Winner and any Potential Winner’s guest(s) based on the results of such background check (or the background check of Potential Winner’s guest(s), if applicable), if the Sponsor determines in its sole discretion that awarding the Prize to such Potential Winner and/or Potential Winner’s guest(s) might reflect negatively on Sponsor or any of the other Event Partners, or be likely to put Sponsor, any of the other Event Partners, or any other third-party in danger. Sponsor is not obligated to clarify, confirm, or share any specific results of background check with any Potential Winner or any Potential Winner’s guest(s), whether the background check resulted in disqualification or not. Factors that could result in disqualification include, without limitation: having been convicted of a felony or misdemeanor, being delinquent on a government-ordered payment, such as child support, spousal support, alimony, tax payments, etc., or any other criminal or civil offense determined at the sole discretion of Sponsor. When requested, Potential Winner or Potential Winner’s guest(s) must provide authorization and/or complete any forms reasonably needed to facilitate such a background check. If Potential Winner and/or Potential Winner’s guest(s) fails to sign and return the required documentation within the period specified by Sponsor, Potential Winner and/or any Potential Winner’s guest(s) may be disqualified and will forfeit any claim to any of the Prizes(s).

13.  WINNER DISQUALIFICATION:  Reasons a Participant, Potential Winner and/or Winner may be ineligible to receive the Prizes and/or disqualified include, but are not limited to: (i) failures to meet all of the eligibility requirements stated in the Official Rules, (ii) failures to abide by these Official Rules, or other instructions of Sponsor, (iii) failure to provide a valid email address at the time of entry, (iv) failure to timely respond to the Potential Winner notification email or any other request from Sponsor, (v) Sponsor is unable to verify the identity and verification of the Potential Winner to its reasonable satisfaction within 7 working days of the relevant drawing of the Potential Winner for the Event, (vi) failure to timely complete and/or return the Winner Documentation and/or background check documents, (vii) failure to pass the background check to Sponsor’s full satisfaction, (viii) the provision of false, incomplete and or misleading information to or about Sponsor or any of the other Event Partners, (ix) the commission of any fraud or deception in connection with any Event and/or relationship with Sponsor, (x) acting in an obnoxious, threatening, abusive, or harassing manner, at any time before or during the awarding of the Prize, in whole or in part; (xi) inability to timely accept the Prizes for any reason, including, but not limited to, inability to travel to the location where the Prize is being fulfilled and/or  injury or death and (xii) the inability of Sponsor to timely award or otherwise fulfill the Prizes, due to circumstances beyond Sponsor’s reasonable control, including, but not limited to, legal restrictions, Acts of God, natural disasters, pandemics/epidemics, terrorism, and/or weather. 

If a Potential Winner or Winner is determined to be ineligible and/or disqualified for any reason, an alternate Potential Winner may be randomly drawn from the eligible entries. Any alternate Potential Winner will be notified as per the procedures outlined in the Official Rules (time permitting). Sponsor reserves the right to modify the Winner notification and/or confirmation and verification procedures connected with the drawing of an alternate Potential Winner, if any.

14. PUBLICITY: Except where prohibited by law, acceptance of any Prize also constitutes Winner’s express agreement and consent for Sponsor, and those acting under Sponsor’s authority, to use Winner’s name, city and state of residence, photographs or other likenesses, pictures, portraits, video, voice, testimonials, biographical information (in whole or in part), and/or statements made by Winner regarding the Event, Prize, and/or any of the Event Partners, worldwide and in-perpetuity for any and all purposes, including, but not limited to, advertising, trade and/or promotion on behalf of Sponsor (or the applicable Event Partners), in any and all forms of media, now known or hereafter devised, including, but not limited to, print, TV, radio, electronic, cable, or World Wide Web, without further limitation, restriction, compensation, notice, review, or approval. Winner agrees to confirm this consent in writing if requested.

Some jurisdictions may prohibit Sponsor from conditioning the awarding of a Prize on Winner’s consent to publicity as described in this Section 13. Winners who are residents of such jurisdictions and who object to such publicity, must notice Sponsor of such objections via email during the Winner confirmation process.

15. GENERAL CONDITIONS: Sponsor reserves the right to cancel, suspend, and/or modify the Event, in whole or in part, due to any fraud, bugs, virus, technical failures, changes in the law, or any other factor beyond Sponsor’s reasonable control that impairs the integrity or proper functioning of the Event, as determined by Sponsor. Sponsor reserves the right, in its sole discretion and at any time, to conduct maintenance for its systems that may suspend or otherwise impact access to the Event. Sponsor reserves the right, in its sole discretion, to disqualify any individual tampering, or to attempting to tamper, with the administration and/or operation of any Event, including without limitations the entry process or the Potential Winner draw process.

WARNING: ANY ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE ANY WEBSITE ASSOCIATED WITH AN Event OR UNDERMINE, OR ATTEMPT TO UNDERMINE, THE LEGITIMATE OPERATION OF AN Event WILL BE DISQUALIFIED AND MAY BE SUBJECT TO CRIMINAL AND CIVIL PROSECUTION AND PENALTIES. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. SPONSOR’S FAILURE TO ENFORCE ANY TERMS OF THESE OFFICIAL RULES SHALL NOT CONSTITUTE A WAIVER OF THAT PROVISION. SPONSOR RESERVES THE RIGHT TO DISQUALIFY ANY INDIVIDUAL IT FINDS TO BE ATTEMPTING TO TAMPER WITH OR UNDERMINE THE ENTRY PROCESS, THE WEBSITE, AND/OR THE LEGITIMATE OPERATION OF AN Event; TO BREACH THE OFFICIAL RULES; OR TO ACT IN AN UNSPORTSMANLIKE OR DISRUPTIVE MANNER OR WITH THE INTENT TO ANNOY, ABUSE, THREATEN, OR HARASS ANY OTHER PERSON.  IF, FOR ANY REASON, THE Event CANNOT BE RUN AS PLANNED OR IF SPONSOR DETERMINES IN ITS SOLE DISCRETION THAT THE INTEGRITY OR VIABILITY OF AN Event IS COMPROMISED, SPONSOR RESERVES THE RIGHT TO VOID ANY ENTRY AT ISSUE AND (A) CANCEL OR TERMINATE THE Event (OR ANY PORTION THEREOF); (B) MODIFY THE Event OR SUSPEND THE Event TO ADDRESS THE IMPAIRMENT AND THEN RESUME THE Event IN A MANNER THAT BEST CONFORMS TO THE SPIRIT OF THESE OFFICIAL RULES; AND/OR (C) AWARD THE PRIZE AT RANDOM FROM AMONG THE ELIGIBLE, NON-SUSPECT ENTRIES RECEIVED UP TO THE TIME OF THE IMPAIRMENT.

16.  INDEMNIFICATION:  As a condition of entry, each Participant, agrees to defend, indemnify, release and hold harmless Sponsor, all other the Event Partners, and their respective parent, subsidiary, and affiliated companies, and any other person or organization responsible for sponsoring, fulfilling, administering, advertising or promoting the Event, including Advertising Platforms, and all of their respective past and present officers, directors, employees, agents and representatives (collectively, the “Released Parties”) from and against any and all claims, expenses, and liability, including but not limited to negligence and damages of any kind to persons and property, including but not limited to invasion of privacy (under appropriation, intrusion, public disclosure of private facts, false light in the public eye or other legal theory), defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright or other intellectual property rights, property damage, or death or personal injury arising out of or relating to a participant’s entry, creation of an entry or submission of an entry, participation in the Event, acceptance, possession, attendance at, defect in, delivery of, inability to use, use or misuse of Prize (including any travel or activity related thereto) and/or the broadcast, exploitation or use of entry.

17. LIMITATIONS OF LIABILITY: The Released Parties are not responsible and will have no obligation or liability for or resulting from: (i) a Participant’s entry or attempt to participate in the Event, (ii) incorrect or incomplete information, whether caused by a Participant, technical errors or by any of the equipment or programming associated with or utilized in the Event, (iii) technical failures of any kind, including, but not limited to outages, malfunctions, interruptions, or disconnections in phone lines or network hardware or software or scheduled or unscheduled maintenance; (iv) unauthorized human intervention in any part of the entry process or the Event; (v) technical or human error in the administration of the Event or the processing of registrations, (vi) entries, Prize claims or Prize notifications that are lost, late, incomplete, illegible, unintelligible, damaged, undeliverable or otherwise not received by the intended recipient, in whole or in part, due to computer, human or technical error of any kind (including, for example, SPAM filters); (vii) Participants who have committed fraud or deception in entering or participating in the Event or claiming the Prize, (viii) an inability of the Winner to accept the Prize for any reason; (ix) an inability to fulfill or award a Prize due to delays or interruptions due to Acts of God, natural disasters, pandemics/epidemics, terrorism, weather or any other similar event beyond Sponsor’s reasonable control; or (x) any damages, injuries or losses of any kind caused by any Prize or resulting from awarding, acceptance, possession, use, misuse, loss or misdirection of any Prize or resulting from participating in the Event or any promotion or Prize related activities. If for any reason, a Participant’s entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, Participant’s sole remedy is another entry in the Event.

18. BINDING ARBITRATION, NO CLASS ACTION: 

Please read this section carefully. Participant understands and agrees that (s)he waives his/her right to sue or go to court to assert or defend his/her rights connected with participation in the Event. 

(A) Mandatory Arbitration of Disputes:  As a condition of participation, Participant and Sponsor each agree that any dispute, controversy, or claim arising out of or relating to the Event, these Official Rules, or the breach, termination, enforcement, interpretation, or validity thereof, and including the determination of the scope or applicability of this arbitration provision (each, a “Claim”) shall be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding.  Participant and Sponsor agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these Official Rules and that this arbitration provision shall survive termination of these Official Rules.

 (B) Class Action Waiver: Participant and Sponsor each agree that either of them may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding.  Further, if the parties’ dispute is resolved through arbitration, neither JAMS nor the arbitrator may consolidate another person’s claims with Participant’s claims or otherwise preside over any form of a representative or class proceeding for any purpose. If this specific provision is found to be unenforceable, then the entirety of this Section 18 shall be null and void.

(C) Limited Remedies: Additionally, except as may be provided for in Subsection 18(D), below, or prohibited by law, Participant and Sponsor each agree that, for any dispute, claim, or controversy arising out of or relating to the Event, these Official Rules or the breach, termination, enforcement, interpretation, or validity thereof, their remedies are limited to a claim for money damages (if any) and they each irrevocably waive any right to seek injunctive or equitable relief.

(D) Exceptions and Opt-out: Notwithstanding Subsections 18(A) and (B), above, Participant and Sponsor each retain the right to:

(i) seek to resolve a Claim in small claims court if it qualifies; and

(ii) seek injunctive or other equitable relief from a court of competent jurisdiction to prevent (or enjoin) the infringement or misappropriation of their respective intellectual property rights.

In addition, Participant will retain the right to opt out of arbitration entirely and litigate any Claim if Participant provides Sponsor with written notice of Participant’s desire to do so by regular mail sent to the attention of Sponsor’s Legal Department at the Sponsor address set out in Section 23, below, within thirty (30) days following the date Participant first agrees to these Official Rules. If Sponsor changes any of the terms of this Section 18 after the date Participant first accepted these Official Rules (or accepted any subsequent changes to these Official Rules), Participant may reject any such change by sending Sponsor written notice within thirty (30) days of the date such change became effective, as indicated in the “Effective” date above. By rejecting any change, Participant is agreeing to arbitrate any Claim between Participant and Sponsor in accordance with the terms of this Section 18 as of the date Participant first accepted these Official Rules (or accepted any subsequent changes to these Official Rules).

 (E) Dispute Resolution and Notification of Claims: Prior to bringing a Claim, Participant and Sponsor each agree to notice the other party and attempt, in good faith, to negotiate an informal resolution.  To begin this process, before initiating any arbitration proceeding, the party seeking to bring a Claim must send a Notice of Claim (“Notice”) by certified mail to the other party.  All Notices to Sponsor must be sent to the Sponsor address set out in Section 23, below. The Notice must describe the nature and basis of the Claim and the relief sought. If we are unable to resolve the potential Claim within forty-five (45) days after receipt of the Notice, then Participant or Sponsor may initiate arbitration proceedings as set out below.

(F) Arbitration Process and Rules:  Any arbitration will be conducted by JAMS pursuant to its procedural rules for commercial disputes (“JAMS Rules”), using the Optional Expedited Arbitration Procedures when applicable. The JAMS Rules are available at https://www.jamsadr.com.  A party who wishes to start arbitration must submit a written Demand for Arbitration to JAMS and give notice to the other party as specified in the JAMS Rules. JAMS provides a form Demand for Arbitration at www.jamsadr.com. JAMS will appoint an arbitrator. When practical, the arbitrator should have prior subject matter knowledge and familiarity with sweepstakes and/or fundraising laws in the jurisdiction in which Sponsor is incorporated. The arbitration may be conducted via video-conference or in-person in the county (or other municipality) where Participant lives, unless Participant and Sponsor both agree to a different location.  The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability, and scope of this arbitration agreement. During the arbitration, both Participant and Sponsor may take one deposition of the opposing party, limited to 4 hours. If Participant and Sponsor cannot agree on a time and location for a deposition, the arbitrator will resolve any scheduling disputes. The arbitrator shall provide a decision explaining the arbitrator’s findings and conclusions, and the ruling may be entered in any court having jurisdiction thereof. The arbitrator’s decision shall be final and binding upon the parties to these Official Rules.

 (G) Arbitration Costs: Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules. If Participant asserts a claim against Sponsor, Participant will be responsible for paying the consumer filing fee. Sponsor will pay for all other JAMS-included fees (including filing, administration, and arbitrator fees and expenses). Each party shall pay its own attorneys’ fees and any other costs it incurs. If any party prevails on a statutory claim that affords a prevailing party attorneys’ fees and costs, or if there is a written agreement providing for attorneys’ fees and costs, the arbitrator will award such costs and fees per the applicable statute or written agreement. The arbitrator shall resolve any dispute regarding the reasonableness of any fee or cost that may be awarded under this paragraph.

(H) Confidentiality: To the extent permitted by law, the existence of the arbitration, the arbitration proceedings, and the outcome of the arbitration will be treated as confidential and will not be disclosed by either of Participant and Sponsor. Participant and Sponsor agree that an award, and any judgment confirming it, only applies to the arbitration in which it was awarded and cannot be used in any other proceeding except to enforce the award itself and any post-arbitration action seeking to enforce an arbitration award or action seeking equitable or injunctive relief shall be brought exclusively in the courts in Vero Beach, Florida, or the United States District Court for the Southern District of Florida. 

(I) Severability: If any part of this arbitration provision is deemed to be invalid, unenforceable, or illegal, or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein.

19. GOVERNING LAW: All issues and questions concerning the construction, validity, interpretation, and enforceability of the Official Rules, or the rights and obligations of Participants and Sponsor in connection with the Event, shall be governed by, and construed in accordance with, United States federal law and the laws of the State of Florida, without giving effect to the conflict of laws rules thereof. 

20. PARTICIPANT'S PERSONAL INFORMATION: Information collected from Participants is subject to the Sponsor’s Privacy Policy, available at https://www.brandeeanthony.com/policy

21. RESULTS:  A list of Winners will be available on the giveaway web page 

23. SPONSOR CONTACT: verobeachmermaid@gmail.com

24. SEVERABILITY:  Each of the terms of these Official Rules operates separately.  If any court of relevant authority decides that any of them are unlawful or unenforceable, the remaining terms will remain in full force and effect.

25. NO WAIVER: If Sponsor fails to insist that Participant perform any of Participant’s obligations under these Official Rules, or if Sponsor does not enforce its rights against Participant, or if Sponsor delays in doing so, that will not mean that Sponsor has waived its rights against Participant and will not mean that Participant does not have to comply with these obligations.  If Sponsor does waive a default by Participant, Sponsor will only do so in writing, and that will not mean that Sponsor will automatically waive any later default by Participant.

26. ENTIRE AGREEMENT:  These Official Rules constitute the entire agreement between Sponsor and Participant with respect to the Event and supersede all prior or contemporaneous communications, whether electronic, oral or written, between Sponsor and Participant with respect to the Event.

The Event is not sponsored, endorsed, or affiliated in any way with any advertising platform used in connection with the promotion of any Event, including, without limitation,  Tik Tok, the Facebook platform owned and operated by Meta Platforms, Inc., Google LLC, Instagram, Inc., Pinterest, Inc., Reddit, Inc., Snap Inc., Twitter, Inc., and any of their respective parents, subsidiaries, and affiliates.