OFFICIAL RULES FOR 3DXL CHALLENGE

NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN

1. Contest Period: The Puffco 3DXL Challenge (the “Contest”) begins on Tuesday, September 12, 2023 at 5p.m. Pacific Daylight Time (“PDT”) and the period for entering the Contest ends on October,4 2023 at 5:00p.m. PDT (the “Contest Period”). By participating in the Contest, each Participant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of Puff Corp. (“Sponsor” or “Puffco”) which shall be final and binding in all respects.

2. Eligibility: Only individuals over the age of twenty-one (21) years as ofSeptember 12, 2023who are residing and located in the United States are eligible to enter. The Contest is void where prohibited. Employees and directors of Sponsor, and their immediate family are not eligible.  All federal, state, and local laws apply.

3. How to Enter the Contest: During the Contest Period,Participants must submit an Instagram video reelof themselves using a Puffco “3DXL” Chamber with a Puffco Peak. Winners will be selected by a panel of Puffcojudges, and based on the most creativevapor cloud and original video. By submitting an entry, Participant confirm that they have the right, including any required permission of individuals depicted in the photo and/or video, to publicly perform or display the video. Participant also confirms that they have the rights to the photo and/or video, and to publicly perform or display, any music accompaniment in the video.  All entries must be following Puffco’s Instagram account, @puffco, and Roger Volodarsky’s personal Instagram account, @jollyroger, and must tag Puffco’sInstagram account, @puffco, and Roger Volodarsky’s personal Instagram account, @jollyroger. Incomplete submissions are void. Limit one (1) entry per person during the Contest Period.  All entries must be received during the Contest Period to be eligible. Puffco is not responsible for late, lost, or misdirected entries that are not received in a timelymanner, or are lost due to computer or electronic malfunction or other error, or due to inaccessibility of the Internet or portions thereof. Proof of transmission is not proof of receipt.  Puffco’s database is the official timekeeping device for the Contest.  Each entry will be deemed submitted by the authorized account holder of the email or Instagram account associated with the entry.  An “authorized account holder” is defined as the natural person to whom the email address or Instagram account is assigned by an internet service provider, online service provider or other organization that is responsible for assigning email addresses for the domain associated with the submitted email address.

4.  Additional Rules Relating to the Submission of Photo and/or Video:  By submitting any photo and/or video to the Contest, Participants hereby grant to Puffco and its affiliates, subsidiaries, licensees and assigns, an irrevocable, perpetual and royalty-free right to use, reproduce, edit, display, transmit, prepare derivative works of, modify, publish and otherwise make use of the submitted photo and/or video in any and all media, whether now known or hereinafter created, throughout the world and for any purpose. In addition to other things, the rights granted to Sponsor include but is not limited to the right to censor, compress, edit, feature, caption, affix logos to, and to otherwise alter or make use of the submitted photo and/or video.  In addition, by submitting any video to the Contest, Participants hereby represent and warrant that the submitted photo and/or video or information does not and shall not infringe on any copyright or other right of any third party, and Participant has the right to grant any and all rights and licenses granted to Puffco herein, including but not limited to all necessary rights under copyright, free and clear of any claims or encumbrances. Puffco may, but shall have no obligation to, post, display or otherwise make publicly available any content submitted by you, and may in its sole and unfettered discretion, remove, edit, modify or delete any portion of the photo and/or video or information that you submit to the Contest.

5. Data Collection/Privacy: Information provided to enter the Contest will not be sold to third parties but may be shared in accordance with the terms of Puffco’s Privacy Policy.  Sponsor, its affiliates, and companies supplying prizes (or parts thereof) in connection with this Contest may from time to time contact entrants via email or text message concerning the Contest, or to send promotional emails or messages, and each entrant consents to receiving such communications via email and/or text message. 

6. Automated or Forged Entries Prohibited: No mechanically reproduced, incomplete, forged, fraudulent, software generated or automated multiple entries will be accepted.

7. Winner Selection: Three (3) winners will be selected by Puffco-appointed judges on or about Tuesday, October 5, 2023 during a livestream on YouTube.  The potential winners will be notified using the contact information supplied at the time of entry.  No liability is assumed for any winner notification that is lost, intercepted, deleted, or not received by a potential winner for any reason.  Failure to respond to any winner notification within two (2) business days may result in disqualification and selection of an alternate winner.  Potential winner may be required to sign an affidavit of eligibility, liability/publicity release (where legal), and an IRS Form W-9.  Failure to comply when requested may result in disqualification and selection of an alternate winner.  If potential winner is found to be ineligible, or if they have not complied with these Official Rules or declines a prize for any reason prior to award, such potential winner will be disqualified and an alternate winner may be selected.  Sponsor reserves the right to require proof of identification, age, eligibility, and acceptance of these Official Rules from any potential winner prior to awarding a prize.

8. Prize Details: First place winner will receive a $1000 Puffco Gift Card; Second and Third place winners will receive $500 Puffco Gift Cards. Each finalist will receive a Puffco-branded towel (“sweatsy”).  

9. General Prize Conditions: At Sponsor’s discretion, the winner may be required to execute an Affidavit of Eligibility, Release of Liability and Prize Acceptance Form (collectively, the “Prize Claim Documents”). If a Winner fails or refuses to sign and return the Prize Claim Documents within three (3) days of prize notification, the Winner may be disqualified. Prizes are not transferable and not assignable. No substitutions of prizes will be allowed, except Sponsor reserves the right to substitute prize(s) of comparable or greater value in the event a prize or any portion thereof becomes unavailable for any reason. Winners shall be solely responsible for all taxes and fees or costs associated with any prize, including but not limited to any federal or state or other income tax, ground transportation (except as expressly stated above), meals (except as expressly stated above), gratuities, personal expenses and any other expenses not expressly specified herein.

10. Limitations of Liability:  By entering you agree that Puffco, and their respective subsidiaries, affiliates, employees, directors, members, shareholders, representatives, and agents (collectively, the “Released Parties”) will have no liability whatsoever for, and you release and hold harmless the Released Parties for any liability for any injuries, losses, or damages of any kind to persons, including death or injury, or property resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of or inability to use any prize or from participation or inability to participate in this Contest, including any Contest-related activity, and under no circumstances, including negligence, shall any of the Released Parties be liable for any direct, incidental, special or consequential damages resulting from participation in the Contest or acceptance, use or misuse of any prize.  You further agree that the Released Parties shall have no liability whatsoever for failure to supply a prize or any part thereof, by reason of any acts of God, any severe weather, hurricane, flood, fire, war, transportation interruption of any kind, or any other cause beyond their control.  Except where legally prohibited, winners grant (and agrees to confirm in writing) permission for the Released Parties and those acting under their authority to use their name, photographs, videos, and/or likeness, for advertising, trade and/or publicity purposes without additional compensation in all media now known or hereafter discovered, worldwide, including, without limitation, on the Internet, without notice, review or approval.   Puffco assumes no liability, and shall not be liable, for typographical or other errors in the offer or administration of the Contest including, without limitation, errors in the printing or display of the offer and official rules, selection, notification and announcement of the Winners, or distribution of the prizes. Puffco is not responsible for any incorrect or inaccurate information, whether caused by internet users or by any of the equipment or programming associated with or utilized in the Contest and assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to any systems associated with the Contest. 

 

11. General:  By participating, you agree that: (a) any and all disputes, claims, and causes of action arising out of or in connection with the Contest, or any prizes awarded, shall be resolved individually without resort to any form of class action; (b) any claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Contest, but in no event attorney’s fees; (c) under no circumstances will any entrant be permitted to obtain any award for, and entrant hereby waives all rights to claim, punitive, incidental or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than damages for actual out-of-pocket expenses; and (d) these Rules and all disputes shall be governed by the internal laws of the state of California, without regard to principles of conflicts of laws, any disputes shall be resolved exclusively in the state or federal courts in the state of California and you expressly consent to the jurisdiction of said courts and waive any objection thereto.  For New Jersey residents, the limitations set forth above are inapplicable where attorneys’ fees, court costs, or other damages are mandated by statute.

12. Name of Winner: The name of the winners will be postedon Puffco’s Instagram account, @puffco, and Roger Volodarsky’s Instagram account, @jollyroger, during the week of October 9, 2023.