PRIVACY POLICY

Effective as of: August 2022

This website (Site) is operated by Baja Vida. Throughout the site, the terms “we”, “us” and/or “our” refer to Baja Vida. At Baja Vida, we recognize that many visitors to our Site are concerned about the information they provide to us and how we treat that information. Baja Vida respects your privacy and is committed to protecting your personally identifiable information. We have adopted this privacy policy (“Privacy Policy”) to explain what information may be collected on our Site and how such information may be used and/or shared with others. This Privacy Policy applies solely to information collected through our Site and not through any other sources. This Privacy Policy is subject to the terms and conditions posted on our Site (“Terms and Condition”). Please review this Privacy Policy each time you visit our Site to ensure that you have read and agree with the current policy, as it may be amended without notice. The date of our Privacy Policy is set forth at the top of the document. Any changes to this Privacy Policy will be effective immediately upon the posting of the revised Privacy Policy on our Site. Your use of our Site constitutes your agreement to the Terms and Conditions set forth in this Privacy Policy.

WHAT INFORMATION ABOUT YOU IS COLLECTED ON OUR WEBSITE OR THROUGH OUR ONLINE PRODUCTS? 

We collect two types of information: personally identifiable information and non-personally identifiable information. 

Personally identifiable information is information that identifies you or can be used to identify or contact you (“Personally Identifiable Information”). Such Personally Identifiable Information may include your name, address, email address, telephone number, birth date (primarily for eligibility purposes) and billing and payment information. We may request Personally Identifiable Information from you when you register on our Site, subscribe to Club Baja, or in connection with other online products or promotions we may make available on our Site from time to time. In all of these instances, we will collect Personally Identifiable Information from you only if you voluntarily submit such information to us. 

When you become a registered user of our Site, subscribe to Club Baja, or in connection with other online products or promotions we may make available on our Site from time to time, we also may collect information that by itself cannot be used to identify or contact you, such as demographic information (like age, profession or gender) and health information (like current weight) (“Non-Personally Identifiable Information”).  Non-Personally Identifiable Information may also include user IP addresses, browser types, domain names, and other anonymous statistical data involving the use of our Site.  Non-Personally Identifiable Information is used to help us understand who uses our Site and to improve and market our Site in general and our Online Products in particular. 

INFORMATION FROM OTHER SOURCES.

We may also supplement the information we collect with information from other sources to assist us in evaluating and improving our Site and online products, to determine your preferences so that we can tailor our Site and online products to your needs, and/or to study nutritional, weight-loss, behavioral and fitness questions in general.

WHERE AND WHEN IS INFORMATION COLLECTED ON OUR SITE OR THROUGH OUR ONLINE PRODUCTS (INCLUDING THROUGH THE USE OF COOKIES AND ACTION TAGS)? 

We may collect information (including information that is Personally Identifiable Information) from you in different manners and at different places and times on our Site, such as when you register for our Site or subscribe to one of our online products, like Club Baja. We also may collect information from you in connection with, or through, other online products or promotions we may make available on our Site from time to time. The following is a description of the areas and/or manners in which we primarily collect information about you. 

Orders

We request information from you on our order form. To buy from us, you must provide contact information (like name and shipping address) and financial information (like credit card number, expiration date). This information is used for billing purposes and to fill your orders. If we have trouble processing an order, we’ll use this information to contact you.

We use an outside shipping company to ship orders, and a credit card processing company to bill users for goods and services. These companies do not retain, share, store or use personally identifiable information for any secondary purposes beyond filling your order.

Contests / Promotions

From time-to-time, our site requests information via contests or promotions. Participation in these contests or promotions is completely voluntary and you may choose whether or not to participate and therefore disclose this information. Information requested may include contact information (such as name and shipping address), and demographic information (such as zip code, age level). Contact information will be used to notify the winners and award prizes. Contest and/or Promotion information may also be used for purposes of monitoring or improving the use and satisfaction of this Site.

Registered User / Subscription.

In order to access certain Online Products on our Site, Club Baja, you first complete certain steps to become either a registered user or a subscriber. During these steps, you may be required to provide us with information (including Personally Identifiable Information) such as name, zip code and email address, and, if you subscribe to one of our online products, payment and billing information. This information is used to help us understand who uses our Site, to improve our Site and our online products, to contact users about requested online products and/or for subscription billing purposes. 

Cookies

We use “cookies” on this site. A cookie is a piece of data stored on a site visitor’s hard drive to help us improve your access to our Site and identify repeat visitors to our Site. These small text files make using a Site more convenient by saving your passwords and preferences for you. Cookies themselves do not contain any personally identifiable information. We may analyze the information derived from these cookies and match such information with data provided by you or another party. We may provide our analysis and certain non-personally identifiable information to potential partners, advertisers (who may use this information to provide advertisements or other information tailored to your interests) or other third parties, but we will not disclose any personally identifiable information.

You have the option of deciding whether or not to accept a cookie by resetting your browser to notify you whenever a cookie is being sent to your hard drive. You may also delete a cookie manually from your hard drive. To edit what information we may collect, please customize your cookie settings. Please note, however, that some parts of our Site may not function properly or may be considerably slower if you refuse to accept a cookie or choose to disable all cookie settings.

OTHER SITES

Our Site may contain links to other websites that are not controlled or maintained by Baja Vida. We are not responsible for the privacy practices employed by these other websites. We encourage you to note when you leave our Site and to read the privacy statements of such other websites before submitting any personally identifiable information. In addition, our Site may link to websites owned or operated by subsidiaries or companies affiliated with Baja Vida and/or One World CPG, LLC (“Affiliated Site”). Please note that any Affiliated Site is subject to the privacy policies posted on the particular site and not ours.

FURTHER DISCLOSURE

We reserve the right to disclose any personally identifiable or non-personally identifiable information if we are required to do so by law or if we reasonably believe that such action is necessary in order to: (i) fulfill a government request; (ii) conform with the requirements of the law or to comply with legal process served on us; (iii) protect or defend the legal rights or property of Baja Vida, One World CPG, LLC, our Site or its users; or (iv) in an emergency to protect the health and safety of our Site’s users or the general public.

YOUR ACCESS TO AND CONTROL OVER INFORMATION WE COLLECT

We are the sole owners of the information collected on this site. We only have access to/collect information that you voluntarily give us via email or other direct contact from you. We will not sell or rent this information to anyone.

We will use your information to respond to you, regarding the reason you contacted us. We will not share your information with any third party outside of our organization, other than as necessary to fulfill your request, e.g. to ship an order.

Unless you ask us not to, we may contact you via email in the future to tell you about specials, new products or services, or changes to this privacy policy.

You may opt out of any future contacts from us at any time. You can do the following at any time by contacting us via the email, address or phone number given on our website.

SECURITY

We take precautions to protect your information. When you submit sensitive information via our Site, your information is protected both online and offline.

Wherever we collect sensitive information (such as credit card data), that information is encrypted and transmitted to us in a secure way. You can verify this by looking for a closed lock icon at the bottom of your web browser, or looking for “https” at the beginning of the address of the web page.

While we use encryption to protect sensitive information transmitted online, we also protect your information offline. Only employees who need the information to perform a specific job (for example, billing or customer service) are granted access to personally identifiable information. The computers/servers in which we store personally identifiable information are kept in a secure environment.

CONTACT INFORMATION

Our Privacy Policy may change from time to time and all updates will be posted on this page. If you have questions or comments about our privacy practices, or if you wish to review, amend or delete any personally identifiable information you have provided or if you wish to modify the permission you have given us regarding use of your personally identifiable information, you can contact us at:

512 VIA DE LA VALLE
SOLANA BEACH, CA 92075

MON-FRI · 9AM – 5PM PST

866-777-BAJA

INFO@BAJAVIDA.COM

BY USING OUR WEBSITE, YOU SIGNIFY YOUR ACCEPTANCE OF THIS PRIVACY POLICY. IF YOU DO NOT AGREE TO THIS PRIVACY POLICY, YOU SHOULD NOT USE OUR WEBSITE. YOUR CONTINUED USE OF OUR WEBSITE FOLLOWING THE POSTING OF CHANGES TO THIS PRIVACY POLICY WILL MEAN THAT YOU ACCEPT THOSE CHANGES.

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TERMS AND CONDITIONS

NO PURCHASE NECESSARY TO ENTER OR WIN. INTERNET ACCESS IS REQUIRED TO ENTER. Void in Quebec and where prohibited or restricted by law.

ELIGIBILITY: The Baja Vida “Beach to Bunker” Sweepstakes (the “Promotion”) is offered in and open only to legal residents of the fifty (50) contiguous states of the United States and D.C. (collectively, the “U.S.”) who are 16 years of age or older. Employees, officers and directors of Baja Vida aka One World CPG, LLC (“Sponsor”), and those individuals and entities involved in the execution, preparation of materials and/or administration of this Promotion (collectively, the “Promotion Entities”), and their immediate family members (spouse, siblings, children and parents including foster and step-relations) and those living in the same household as such individuals (whether or not related) are not eligible to enter.

PROMOTION PERIOD: The Promotion begins on or about 12:01am Pacific Time (“PT”) on or about June 1st, 2022 and ends on or about 11:59 pm PT on June 30, 2022 (the “Promotion Period”). All time referenced herein is Pacific Time. Sponsor’s server’s time-keeping device shall be the official time keeping device for the Promotion. PARTICIPANTS ARE SOLELY RESPONSIBLE FOR DETERMINING THE CORRESPONDING TIME ZONE IN THEIR RESPECTIVE JURISDICTIONS; PROMOTION ENTITIES DISCLAIM ALL LIABILITY AND RESPONSIBILITY RELATING THERETO.

AGREEMENT BY ENTRANT: All Entries, entrants and participation in this Promotion shall be governed by these Official Rules. By participating in the Promotion, each entrant fully and unconditionally agrees to the fullest extent permitted by law to be bound to: (i) these Official Rules including, without limitation, the granting to Sponsor, among other things, of a license to use entrant’s name, likeness, image, etc., and their Entry (as hereinafter defined) and all content therein); (ii) the Promotion application terms of use (if any) (iii) any terms of service or other policies provided on Sponsor’s website; and (iv) any additional instructions, terms and conditions specific to the Promotion communicated by Sponsor. Entrants further agree to be bound to the decisions of Sponsor (including its authorized representatives), which are final and binding in all matters pertaining to the Promotion.

The information you provide will be used as stated herein and as stated in Sponsor’s privacy policy. By submitting an Entry, entrants agree to be contacted by Sponsor with notices and reminders pertaining to the Promotion. In addition, by entering each entrant agrees to receive advertising and promotional communications from Sponsor; you may opt out at any time without affect to your Entry.

HOW TO ENTER: During the Promotion Period, go to https://bajavida.com/beach-to-bunker-sweepstakes/ (the “Website”), register by providing all required contact information and submit (“Entry”). Limit one (1) Entry per person during the entire Promotion Period. Failure to follow all steps will void Entry.

ENTRY SPECIFICS: Entries must be complete, compliant, submitted via the method and online platform communicated, and received by Sponsor within the Promotion Period. Incomplete, invalid, unsuitable, or otherwise non-compliant Entries (as determined in Sponsor’s sole and absolute discretion) will not be eligible. Entries become the property of Sponsor and will not be returned. Entries submitted via any other entry method than stated herein will not be accepted. Entries may only be submitted by a single registered account user; group or commercial submissions are not permissible. Multiple entrants are not permitted to share the same device, account, IP or email address. Entrants may not (whether apparent or suspected) enter through a sweepstakes club or exchange sites (or similar method), with multiple or false identities, accounts, or devices, or use multiple e-mail and/or street addresses, or use any other device or artifice to enter. Engaging directly or indirectly in any (apparent or suspected) artifice, cheating, fraud, spamming, phishing, on-line sweepstakes clubs (or similar methods), exchange sites, robotic, automatic, macro, programmed or like participation methods as determined in Sponsor’s sole and absolute discretion, will void all such Entries, and disqualify any entrant suspected of using/benefitting directly or indirectly from such methods. If an Entry, for any reason whatsoever, garners comments that are unpleasant, distasteful, nasty or otherwise inappropriate for the Sponsor community, Sponsor reserves the right to disqualify Entry/entrant and remove any such Entry. Promotion Entities assume no responsibility for lost, late, incomplete, inaccurate, delayed, destroyed, damaged, illegible, or misdirected Entries (in whole or in part), and/or non-compliance. In the event of a dispute as to the identity of an online entrant, the authorized account holder of the email address used in connection with the Entry will be deemed to be the entrant. Potential winner may be required to show proof of being the authorized account holder. The “authorized account holder” is the natural person assigned to an email address by an Internet service provider, online service provider, or other organization responsible for assigning email addresses for the domain associated with the submitted email address.

Promotion Entities assume no responsibility for any equipment, computer, telephone, device, network, app, electronic, hardware or software malfunctions, failures, connections, or availability, or garbled, corrupt, or jumbled transmissions; nor service provider, Internet, Web site, user accessibility or availability, incompatibility, traffic congestion, unauthorized human intervention or any human error, or the incorrect or inaccurate capture of Entry, or other information, nor for the failure to capture or display any such information.

While you may forward or share with family, friends and direct known contacts, please do not engage in phishing or spamming. Apparent or suspected phishing or spamming, sending of junk communications or the use of any unauthorized method or automated system to participate, or to acquire (unauthentic) entries, Likes or Follows, etc. is prohibited, as is posting content to irrelevant or inappropriate sites to obtain entry, and, if discovered at any time will void the applicable Entry and entrant suspected of using/benefitting from such methods in Sponsor’s sole and absolute discretion. Entrants’ use of the respective app platform used to facilitate entry must comply with and be in accordance with its respective Terms of Use, Terms of Service and Policies. This Promotion is in no way sponsored, endorsed or administered by, or associated with any social media platforms that may be used in communications about this Promotion.

By entering, entrants understand and agree that submitted eligible Entries may be subject to public viewing, streaming (i.e. “digital transmission”), downloading (i.e. “digital distribution”), and public comments, including but not limited to being forwarded, re-grammed, re-tweeted, and otherwise posted, for commercial and non-commercial purposes, throughout Sponsor’s and third parties’ digital and off-line social media, marketing and advertising properties. Normal internet access and device usage charges imposed by your mobile plan and/or on-line service may apply to entry via mobile device. For those entrants entering with a mobile device: Promotion may not be available via all mobile carriers. Messaging & data rates apply to internet access via mobile devices. Other charges may apply; check your mobile plan for rates/details.

LICENSE GRANT: At the time you submit an Entry, and whether or not selected as the winner, by entering this Promotion and providing Sponsor with the Entry and all user generated content therein (“UGC”), you grant Sponsor (its affiliates, related entities and authorized third-parties) a worldwide, royalty-free, perpetual, irrevocable, exclusive right and fully sub-licensable license to use, copy, reproduce, distribute, publish, publicly perform, publicly display, modify, adapt, translate, archive, store, and create derivative works from such Entry/UGC and any element thereof, in any media, form, format, or medium, of any kind now known or later developed for any purpose whatsoever, including but not limited to, marketing, advertising, and other commercial and non-commercial purposes using or incorporating such Entry/UGC information, and for any other purposes and/or uses whatsoever . You waive any moral rights you might have with respect to the Entry/UGC you provide to us. You also grant us the right to use any material, information, ideas, concepts, know-how or techniques contained in any communication or entry you provide or otherwise submit to us. All rights in this paragraph are granted without the need for review or additional compensation of any sort to you. You further agree to execute all documents and perform all acts deemed necessary by Sponsor to protect Sponsor’s rights. You understand and agree by granting this license your Entry/UGC may be modified, edited, distorted, used in whole or in part, alone or in combination with other works, used in illusory or composite form, or in any other manner, as solely determined by Sponsor. You will not now nor in the future be paid for your Entry/UGC or for granting Sponsor any of these rights. The consideration for the rights granted to Sponsor herein is your opportunity to participate in the Promotion.

REQUIREMENTS FOR ENTRY: Incomplete, non-compliant or otherwise ineligible Entries, or any element thereof, will disqualify an Entry. Proof that you uploaded an Entry does not constitute proof or evidence that it was received within the Promotion Period or eligible for the Promotion, or any element thereof. Sponsor reserves the absolute right to disqualify and/or immediately remove any Entries and/or entrants in whole or in part for any reason within its sole and absolute discretion. Without limitation, Entries will be disqualified if Sponsor considers for any reason an Entry, or any element thereof, not to be in the spirit of the Promotion, ineligible or otherwise not compliant herewith, or will have a detrimental impact on Sponsor, this Promotion, any of Sponsor’s brands, products or services.

By submitting an Entry, entrants represent, warrant and covenant (and agree to release and indemnify Sponsor from same) that their Entry submitted and all content therein: (i) is the original creation of the entrant and has not been copied in whole or in part from any other work, and is the sole and exclusive property of the entrant (or entrant has all ownership or licensed rights thereto and in any and all content); (ii) does not contain, depict, condone, encourage or promote the use of any hunting/fishing equipment in a cruel, illegal, dangerous, harmful, or unsafe manner, nor contain, depict, condone, encourage or promote content that is (or is construed by Sponsor as being) obscene, reprehensible, repugnant, offensive, sexually inappropriate, overtly political or religious, discriminatory, defamatory, highly sensitive, harmful, dangerous, unsafe, illegal, violent, explicit, cruel, hateful, or otherwise unsuitable, as determined solely by Sponsor (in its sole and absolute discretion); (iii) does not violate or infringe any laws including but not limited to copyright or trademark laws, or other proprietary, publicity, privacy or any other rights of any person, entity, or venue; (iv) does not refer to or contain in any respect information about an individual under the age of 18 without the express permission of the minor’s parent or adult legal guardian; and (v) owners of any depicted venues, or any individuals mentioned, featured in, or who have worked on the Entry, in whole or in part, in any manner have given entrant their express written consent to submission to this Promotion and the use contemplated. If requested by Sponsor, entrant shall provide evidence of the above in writing. Nothing herein shall be deemed an obligation of confidentiality.

DRAWING/WINNER SELECTION: One (1) winner will be selected in a random drawing conducted at Baja Vida HQ in Solana Beach, CA at approximately 1:00 pm Pacific Time on the 1st business day after the end of the promotional run time, delivered by the Sponsor (or its authorized representative). 

Sponsor or its authorized designee will notify the potential winner(s) via email and/or phone (in Sponsor’s sole discretion) with instructions on how to submit his/her name, email and/or physical address, phone number and any other required information in order for Sponsor to verify eligibility and deliver the prize. Potential winner must follow all instructions and may be required to sign, have notarized and return an Affidavit of Eligibility and Liability/Publicity Release (except where prohibited) and any other requested documents (“Release Documents”) within the time specified by Sponsor, or prize will be forfeited in its entirety and awarded to (an) alternate winner(s).

Promotion Entities are not responsible for any undelivered telephone calls, messages, e-mails, or any other communications, including but not limited to those that are not received because of any app or platforms’ or entrant’s privacy or spam filter settings that may divert any winner notification or other Promotion related communications to a spam or junk folder. Prize award is subject to verification of eligibility and compliance with these Official Rules.

PRIZE(S)/ODDS. Prizes (1): There will be one (1) prize winner in connection with the Promotion. The winner will receive the following as a prize: one (1) Quiksilver Branded Beach Towel and $500 gift card with ARV of $535.00, (2) pairs of Heat Wave Visual sunglasses with ARV of $150, (1) Sub70 Golf Bag and (1) Sub 70 Tropical Bucket Hat with ARV of $200, (1) pair of Duca Del Cosma Golf Shoes with ARV of $210, (1) year supply of Baja Beef Jerky and (2) Golf Rounds with ARV of $400. Limit one (1) winner, during the entire Promotion Period.

All federal, state and local taxes on a prize are the sole responsibility of a U.S. winner. Prize will be shipped to winner’s legal residence within the U.S. (at Sponsor’s expense) on or within approx. 4 – 6 weeks after verification. Any difference in ARV and actual value will not be awarded in cash or otherwise. No transfer, assignment or substitution of a prize (in whole or in part) is allowed, except Sponsor reserves the right to substitute a prize of equal or greater value. Prize is not redeemable for cash or otherwise. All costs, fees and expenses not expressly stated as being included herein are the sole responsibility of a winner.

In the event of noncompliance, if an entrant becomes noncompliant or ineligible during or after the Promotion Period, or a potential winner fails to respond within the time specified, or cannot be reached within two (2) separate attempts using the contact method selected by Sponsor (in Sponsor’s discretion), that prize will be forfeited and an alternate potential winner will be selected at random for the applicable prize/level. A winner later found ineligible or non-compliant will be immediately required to return and forfeit any prize awarded. After two (2) unsuccessful attempts to verify an alternate winner for the prize, the prize will remain un-awarded. Prize or prize notifications that are un-awarded, unclaimed, returned, unresponsive, untimely, or otherwise undeliverable will be forfeited and will not be re-awarded. There will not be a second-chance drawing. Any prize pictured in advertising or promotional materials is for illustrative purposes only and may not be the actual prize or have the same elements or features as the prize awarded. Except for any standard manufacturer’s warranty PRIZES ARE AWARDED “AS IS” WITHOUT WARRANTIES, EXPRESSED OR IMPLIED, AS TO THEIR QUALITY OR CONDITION AND PROMOTION ENTITIES EXPRESSLY DISCLAIM ANY WARRANTY OF MERCHANTABILITY, SUITABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Prize awards are subject to verification of eligibility and compliance with these Official Rules. Sponsor reserves the right, but without any obligation whatsoever, to conduct a voluntary background check on a potential winner, and such individual agrees to cooperate, to confirm eligibility and to help ensure that awarding a prize to any such individual will not bring the Promotion Entities into public disrepute, contempt, scandal or ridicule or reflect unfavorably on the Promotion, the Sponsor, prize suppliers, or their respective brands, goods or services, as determined by Sponsor in its absolute discretion.

GENERAL RELEASE: Failure to timely return or properly complete Release Documents, or if potential winner is or becomes ineligible or does not comply with these Official Rules, prize forfeiture will result and (an) alternate potential winner(s) will be selected. BY PARTICIPATING, ENTRANTS AGREE TO RELEASE, INDEMNIFY, DEFEND AND HOLD HARMLESS TO THE FULLEST EXTENT PERMITTED BY LAW THE SPONSOR, ITS PARENT, AFFILIATES AND SUBSIDIARY COMPANIES, ADVERTISING AND PROMOTION AGENCIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, INDEPENDENT CONTRACTORS, REPRESENTATIVES AND AGENTS (“RELEASED PARTIES”) FROM AND AGAINST ANY AND ALL ALLEGED AND/OR ACTUAL CLAIMS, ACTIONS, DEMANDS, LOSSES, SETTLEMENTS (WHETHER OR NOT LITAGATION IS COMMENCED), LIABILITIES AND DAMAGES OF ANY KIND WHATSOEVER EXISTING NOW OR ARISING IN THE FUTURE (INCLUDING, WITHOUT LIMITATION, BODILY INJURY, PERSONAL INJURY, DEATH, DISABILITY AND PROPERTY DAMAGE OR LOSS), COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES, COURT COSTS, SETTLEMENT AND DISBURSEMENTS) DIRECTLY OR INDIRECTLY ARISING IN WHOLE OR IN PART FROM THE USE OF THE ENTRY IN WHOLE OR IN PART, THE DELIVERY, ACCEPTANCE, POSSESSION, USE OR MISUSE OF A PRIZE, PARTICIPATION IN ANY PRIZE RELATED ACTIVITIES, ACCESS TO THE WEBSITE, AND/OR PARTICIPATION IN THIS PROMOTION OR ANY OTHER ELEMENT THEREOF. To the fullest extent permitted by law, entrants and winner(s) covenant not to sue any Released Party or cause them to be sued regarding any matter released above; and further covenant not to disaffirm, limit or rescind this release. A waiver by one or more of the Promotion Entities of any term in these Official Rules does not constitute a waiver of any other provision. Any invalid, illegal or unenforceable provision shall be deemed severed from these Rules only to the extent of its invalidity, illegality or unenforceability, and these Rules shall be construed and enforced as if they did not contain the stricken provision. 

PUBLICITY RELEASE: By entering and/or accepting a prize, entrants and winner(s) hereby consent, where lawful, to the use by Sponsor (and its authorized representatives) of their name, image, likeness, voice, hometown, and/or biographical information (including the right to edit, adapt, crop, and modify such information or use it in illustrative, or composite form, alone or in conjunction with other materials), in any and all media now known or hereafter developed worldwide, including and on cellular networks, the Internet and World Wide Web, without additional compensation, and without the right of review, notification or approval. 

LIMITATIONS OF LIABILITY: IN NO EVENT WILL THE RELEASED PARTIES BE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF THIS PROMOTION OR ANY ELEMENT THEREOF, PARTICIPATION IN ANY PROMOTION ACTIVITIES, PARTICIPATION IN PRIZE RELATED ACTIVITIES OR ANY ELEMENT THEREOF, THE USE/MISUSE OF A PRIZE BY ANYONE, AND/OR DAMAGES ARISING OUT OF ANY PARTICIPANT’S ACCESS TO AND USE OF (OR FAILURE TO ACCESS OR USE) THE PROMOTIONAL WEBSITES, OR THE DOWNLOADING FROM AND/OR PRINTING OF MATERIAL DOWNLOADED FROM THE WEBSITE. 

If, for any reason, this Promotion or any element thereof is not capable of running as planned by reason of, but not limited to, infection by computer virus, worms, bugs, tampering, unauthorized intervention, artifice, cheating or fraud, equipment, software, hardware, network or technical failures, or any other causes which Sponsor deems, in its sole opinion, could corrupt or affect the administration, security, fairness, integrity or proper conduct of this Promotion or any element thereof, Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Promotion or any element thereof and select the winner(s) for the applicable prize/prize level from eligible, non-suspect entries received prior to the action, or as otherwise may be deemed fair and equitable by Sponsor. Sponsor is not responsible for user cheating or fraud by any entrants. Any activities intended to disrupt or interfere with the proper play of the Promotion or defraud Sponsor in any way will be prosecuted to the fullest extent of the law. Participants who engage in any of the foregoing activities will be disqualified and will forfeit any prize won.

In the event that technological, programming, printing, erroneous communications, human or other error causes more than the stated number of winners/prizes as indicated in these Official Rules, to be communicated, sent as notifications, distributed, announced, claimed or received for any prize, Sponsor reserves the right, at its sole discretion, to award only the stated number and description of prizes pursuant to a random drawing among all eligible non-suspect claimants or as otherwise deemed fair and equitable by Sponsor. In the event of any discrepancy, ambiguity, inconsistency, printing or any other error or miscommunication in an app, any emails, announcements, advertising, brochures, Promotion materials and/or any other communications or information relating to this Promotion or any element thereof, these Official Rules (English version, if applicable) shall govern.

FORCE MAJEURE: Promotion Entities shall not be liable to winner or any other person or entity for failure to execute this Promotion or any element thereof, or supply a prize or any part thereof, by reason of any act of God, any action(s), regulation(s) order(s) or request(s) by any governmental or quasi-governmental entity (whether or not the action(s), regulation(s), order(s) or request(s) prove(s) to be invalid), equipment failure, terrorist acts, cyber-attacks, earthquake, war, fire, flood, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, cancellation or delay of an event, or any similar or dissimilar event beyond their reasonable control.

CHOICE OF LAW/ARBITRATION: THIS SWEEPSTAKES IS GOVERNED BY THE LAWS OF THE UNITED STATES AND THE STATE OF CALIFORNIA WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. As a condition of participating in this Promotion, except where prohibited by law, entrants agree that any and all disputes that cannot be resolved between the parties and causes of action arising out of or connected with this Promotion shall be resolved individually, without resort to any form of class action, exclusively before a neutral one person arbitration panel located in San Diego, CA having jurisdiction. 

WINNER’S LIST: For winner’s name, contact Sponsor by mailing a self-addressed, sufficiently postage stamped envelope to: Baja Vida  “Beach To Bunker” Sweepstakes, Winner List Request; 512 Via De La Valle Suite 303, Solana Beach, CA 92075, United States of America – Attn: Promotion Admin., for receipt. Limit one (1) request per person, or per household.

SPONSOR: Baja Vida One World CPG, LLC, 512 Via De La Valle Suite 303, Solana Beach, CA 92075, United States of America