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podpak

The vape kit that has everybody buzzing — discreet, sleek, judgment-free.

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turnpen

Our next-gen, rechargeable, disposable, ready-to-vape pen.

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turntonic (non-cannabis)

Small batch craft brews and seltzers made with love (and alcohol) in Southern California.

TURN BRANDS THUNDER DOWN UNDER CONTEST OFFICIAL RULES

VOID WHERE PROHIBITED

The TURN BRANDS THUNDER DOWN UNDER CONTEST (this “Activation”) is run by Turn Brands InteraKtive, LLC

(“Turn” or “Sponsor”).

This Activation is subject to these Official Rules and to all applicable federal, state, and local laws and regulations in

the United States. This Activation is open only to legal U.S. residents who are 21 years of age or older at the time of

entry and is void where prohibited by law.

For general questions arising out of these Official Rules and/or related to this Activation, please contact

[email protected].

By entering and participating in this Activation, you agree to be bound by these Official Rules and represent that you

satisfy all of the eligibility requirements below.

  1. Activation Period: 03/01/2024 - 07/-01/2024

  2. How to Enter. Purchase a Turn disposable or pod vape product earmarked by turn for this Activation.

  3. Eligibility. This Activation is open to legal residents of the United States who are 21 years of age or older at the time

of entry residing in one (1) of the fifty (50) United States or the District of Columbia (but excluding residents of Rhode

Island and Tennessee) who are 21 years of age or older at the time of entry. Void in Rhode Island, Tennessee, and

where prohibited; employees (and members of their households and immediate families (spouses, parents, siblings,

children and each of their respective spouses)) of the Activation Entities (as defined below); their respective parent

companies, subsidiaries, and affiliates; their advertising and promotion agencies; and all local sponsors are not

eligible. Do not enter this Activation if you do not meet all of the above qualifications. For the purposes of this

Activation, “employees” shall include all individuals who have entered into an employee, independent contractor and/

or consultant agreement with the Sponsor or any of its affiliates.

  1. Privacy. In connection with this Activation entry process, Sponsor may be collecting personal data about entrants

on the Website, in accordance with its Privacy Policy. Please review Sponsor’s Privacy Policy located at: http://

www.turn.me/privacy. By participating in the Activation, you hereby agree to Sponsor’s collection and usage of your

personal information and acknowledge that you have read and accepted Sponsor’s Privacy Policy. When you enter a

Weekly Activation, you may be asked to consent to receive promotional emails and reminders for upcoming

promotions and information about Sponsor. Consenting to receive such emails is optional and not required in order to

be eligible to enter the Activation and does not improve your chances of winning.

Except where prohibited by law, the winner’s entry and acceptance of the Prize constitutes permission for the

Sponsor to use said winner’s name, photographs, likeness, statements, biographical information, voice, and city and

state addresses on a worldwide basis, and in all forms of media now known or hereinafter known, in perpetuity,

without further compensation.

  1. Selection of Winners. The winner will pull an instant winning insert located in either the thunder down under

branded turnpen or pod packaging of a turn vape product.

The decisions of Sponsor or its judges with respect to the Prize winners and other matters pertaining to this Activation

shall be final and binding.

  1. Prizes. The winner will receive airfare for two (2) people (non-stop flights shall be subject to local airport

availability) to Australia or New Zealand, a hotel stay for seven (7) nights at a 4-star hotel, Turn swag/merchandise,

and $1,000 in cash or a Visa gift card (the “Prize”). The Winner will have a choice to split his/her time between

Australia and New Zealand in his/her sole discretion, provided that the Prize shall only include one (1) additional

ticket between Australia and New Zealand. The Prize shall not include multiple city stops within either of Australia or

New Zealand. The Prize shall only be awarded in connection with 25,000 units of turn thunder down under vapeproducts earmarked for this Activation (the “Eligible Units”). If a winner does not come forward within sixty (60) days

of the last Eligible Unit being sold by Turn (the “Claim Period”), Turn will (a) hold a random giveaway on Instagram or

TikTok or (b) sell an additional 250 Eligible Units subject to the same sixty (60) day Claim Period.

The specifics of all elements of the Prize in this Activation shall be solely determined by Sponsor. TO THE EXTENT

PERMITTED BY APPLICABLE LAW, ALL PRIZES ARE AWARDED “AS IS” AND WITHOUT WARRANTY OF ANY

KIND, EXPRESS OR IMPLIED, IN FACT OR IN LAW (INCLUDING, WITHOUT LIMITATION, ANY IMPLIED

WARRANTY OF SATISFACTORY QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE).

All costs, taxes, fees, and expenses associated with any element of any Prize are the sole responsibility of the

applicable Prize winner. All federal, state and local taxes on Prizes are the Prize winner’s responsibility.

  1. Winner Notifications. Winners will be notified by email, SMS message, and/or social media platforms maintained by

Sponsor.

  1. Conduct. By entering this Activation, entrants agree to be bound by these Official Rules and the decisions of the

Sponsor and any applicable judges (which shall be final and binding in all respects). These Official Rules may be

accessible from the Website and App throughout the Activation Period. Failure to comply with these Official Rules

may result in disqualification. Sponsor reserves the right at its sole discretion to disqualify any individual suspected of

(i) tampering with the entry process or the operation of the Activation; (ii) to be acting in any manner deemed by

Sponsor to be in violation of the Official Rules; or (iii) to be acting in any manner deemed by Sponsor to be

unsportsmanlike or disruptive, or with intent to annoy, abuse, threaten or harass any other person.

  1. Limitations of Liability. Sponsor, those working on its behalf, and all other businesses involved in this Activation

(including any Prize vendor/provider) (collectively with Sponsor, the “Activation Entities”); their respective affiliates,

subsidiaries, parent, advertising and promotion agencies; the foregoing persons’ officers, directors, shareholders,

employees and agents; and any and all Internet servers and access provider(s) are not responsible for: (i) any

incorrect or inaccurate entry information; (ii) printing or human or other errors; (iii) theft, tampering, destruction, or

unauthorized access to, or alteration of entries; and (iv) any entries which are late, lost, incomplete, misdirected,

stolen, or any combination thereof.

If this Activation is not capable of running as planned, including, tampering, unauthorized intervention, fraud or other

cause beyond Sponsor’s control which corrupts or threatens to corrupt or adversely affects the administration,

security, fairness, integrity or proper conduct of the Activation, Sponsor reserves the right, in its sole discretion, to

cancel, suspend and/or modify this Activation and Sponsor may, in its sole and absolute discretion, perform the

random drawing from among all eligible entries received prior to such cancellation, suspension or modification of the

Activation.

Online or mail submission are not considered proof of delivery or receipt. All entries become the property of Sponsor

and will not be returned. All entrants, as condition of entering this Activation, agree to release, discharge, indemnify

and hold harmless the Activation Entities and their respective parent companies, subsidiaries, their respective

representatives and agents, advertising and promotion agencies, promotion partners and prize suppliers, and all of

the foregoing persons’ affiliated companies, employees, officers, directors, managers, members and shareholders,

from and against all claims and damages or liability arising in connection with or otherwise relating to (i) such

entrant’s participation and/or entry in this Activation and/or his/her receipt or use of any Prize awarded in this

Activation, (ii) any injuries, damages or losses to any person (including death) or property of any kind resulting in

whole or in part, directly or indirectly, from acceptance, possession, misuse or use of any Prize or participation in any

Activation-related activity or participation in this Activation, or (iii) Sponsor’s use of your entry, name or likeness. All

entrants further understand and agree that all rights under Section 1542 of the Civil Code of California (“Section

1542”) and any similar law of any state or territory of the United States that may be applicable with respect to the

foregoing release are hereby expressly and forever waived. You acknowledge that Section 1542 provides that: “A

GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES

NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, AND

THAT IF KNOWN BY HIM OR HER WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH

THE DEBTOR OR RELEASED PARTY.” The releases hereunder are intended to apply to all claims not known or

suspected to exist with the intent of waiving the effect of laws requiring the intent to release future unknown claims.Any and all warranties and guarantees are subject to the applicable manufacturer’s terms. If by reason of a printing,

computer, technological or other error, more Prizes are claimed than the number set forth in these Official Rules, all

persons making purportedly valid claims will be included in a random drawing to award the advertised number of

Prizes available in the Prize category in question. No more than the advertised number of Prizes will be awarded.

  1. Governing Law/Dispute Resolution. This Activation shall be governed and interpreted by the laws of the State of

California, U.S.A., without regard to its conflicts of laws provisions that may require the application of the laws of

another jurisdiction. Any action or litigation concerning this Activation shall take place exclusively in the federal or

state courts sitting in Los Angeles, California and you expressly consent to the jurisdiction of and venue in such

courts and you waive all defenses of lack of jurisdiction and inconvenient forum with respect to such courts. You

agree to service of process by mail or other method acceptable under the laws of the State of California. BY

ENTERING THIS PROMOTION, ENTRANT AGREES THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW: (i)

ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS

PROMOTION, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY

FORM OF CLASS ACTION; (ii) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO

ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY), NOT TO EXCEED TWO HUNDRED

FIFTY DOLLARS ($250.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (iii)

UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND

ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK PUNITIVE, INCIDENTAL,

CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN

ACTUAL OUT-OF-POCKET EXPENSES NOT TO EXCEED TWO HUNDRED FIFTY DOLLARS ($250.00), AND/OR

ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (iv) ENTRANT’S REMEDIES

ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY

RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF.

  1. Sponsor. Turn Brands InteraKtive, LLC.

Sponsor reserves the right to modify these Official Rules in any way and at any time, as long as Sponsor gives

reasonable notice.

This Activation may be advertised on Facebook, Instagram and Twitter, but is in no way sponsored, endorsed,

administered by, or associated with, Facebook, Instagram or Twitter.

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