DenimDream Giveaway Rules
HEY GORGEOUS! + SLINK JEANS GIVEAWAY
JANUARY 25 – 30, 2016
HERE’S HOW TO ENTER
- FOLLOW @HeyGorgeousNY with your publicly viewable Instagram account.
- “LIKE” the @HeyGorgeousNY Instagram Image of the Day every day during the Promotion
- SATISFY the requirements listed in the caption of each @HeyGorgeousNY Image of the Day. (which includes tagging a friend in the comments field - BOTH you AND the friend will win the jeans if selected!)
NO PURCHASE NECESSARY. Odds of winning depend on number of eligible entries received. Void where prohibited. Open only to persons who are, as of Entry, 18 years of age or older; legal residents of, and physically located within, the 50 United States or D.C. and have a valid postal mailing address. Sweepstakes begins on 12:01AM EST on January 25, 2016 and ends at 11:59PM EST on January 30, 2016. See Official Rules for details, including specific entry period. Promotion is sponsored by HeyGorgeous.com. Promotion is in no way sponsored, endorsed or otherwise associated with Instagram or Facebook. Your participation is your consent to the Official Rules.
NO PURCHASE NECESSARY TO ENTER OR WIN AND A PURCHASE OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. ODDS OF WINNING WILL DEPEND ON THE TOTAL NUMBER OF ENTRIES RECEIVED AND THE SKILL OF EACH ENTRANT. THIS IS A SKILL-BASED PROMOTION. PRIZE ACCEPTANCE RELEASE MAY BE REQUIRED. SPONSOR OBTAINS A NON-EXCLUSIVE LICENSE TO POST AND USE ANY AND ALL CONTENT SUBMITTED AS PART OF THE PROMOTION. VOID WHERE PROHIBITED BY LAW. ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION.
BY ENTERING THE PROMOTION YOU MUST AGREE TO THESE OFFICIAL RULES AND ARE SUBJECT TO ALL APPLICABLE U.S.FEDERAL, STATE, AND LOCAL LAWS. YOU AGREE THAT SUBMISSION OF AN ENTRY IN THE PROMOTION CONSTITUTES AGREEMENT TO THESE RULES. YOU MAY NOT SUBMIT AN ENTRY TO THE PROMOTION AND ARE NOT ELIGIBLE TO RECEIVE THE PRIZES DESCRIBED HEREIN UNLESS YOU AGREE TO THESE RULES. WITHOUT LIMITATION, SUCH CONTRACT INCLUDES GRANTS OF RIGHTS AND INDEMNITIES TO SPONSOR FROM YOU AND MANDATORY ARBITRATION OF DISPUTES AND A LIMITATION OF YOUR RIGHTS AND REMEDIES. THIS PROMOTION IS IN NO WAY SPONSORED, ENDORSED, OR OTHERWISE ASSOCIATED WITH INSTAGRAM.
- ELIGIBILITY:The Madison Plus Select, Inc. (Hey Gorgeous) #DenimDreams Giveaway (the “Promotion”) is open only to legal residents of the United States and the District of Columbia who are at least eighteen (18) year sold at the time of entry (“Entrant”). Proof of residency may be required. Employees of Madison Plus Select, Inc. and Slink Jeans and any of its licensees, parent and affiliate companies as well as the immediate family (spouse, parents, siblings and children) and house hold members of each such employee are not eligible. The Promotion is subject to all applicable federal, state, and local laws and regulations and is void where prohibited.
- SPONSOR:Madison Plus Select, Inc., 270 West 38th, Suite 2000, New York, NY 10018 (“Sponsor”). This Promotion is in no way sponsored, endorsed or administered by Instagram. You must abide by both Facebook and Instagram’s Terms and Conditionsto participate in this Promotion.
- PRIZE: Each of the five Daily Winners (one Daily Winner for each day of the Promotion Period) will receive all of the apparel items featured in the Instagram Image for the day that they were selected as the Winner. The estimated total ARV for the prizes will vary from day to day. Prizes will be shipped to Winners within three (3) weeks of Sponsor’s receipt of valid shipping address and upon confirmation of Eligibility. Sponsor reserves the right in its sole discretion to substitute any and all prizes with prizes of comparable value; all prizes are non-transferable. A list of the daily prizes and the ARV for each day’s price may be obtained by email request to email@example.com.
- TIMING:The Promotion begins on 12:01AM EST on January 25, 2016 and ends 11:59PM EST on January 30, 2016 (the “Promotion Period”). All submissions must be posted to Entrant’s Instagram account by 11:59 ET on January 30, 2016 in order to be eligible for that days drawing. Sponsor’s computer is the official time-keeping device for the Promotion. Only one entry per household is allowed.
To enter the Promotion, an Entrant must:
(a) Follow Sponsor's Instagram feed @HeyGorgeousNY Instagram
(b) “LIKE” the @HeyGorgeousNY Image of the Day every day during the Promotion.
(c) SATISFY the requirements specified under each @HeyGorgeousNY Image of the Day post (“Submission”).
The Submission must be made during the Promotion Period. By making a Submission in connection with your Instagram account, you acknowledge and agree that Sponsor has the right to stream your Submission in any way it sees fit.
- AGREEMENT TO OFFICIAL RULES:Participation in this Promotion constitutes Entrant’s full and unconditional agreement to these Official Rules and Sponsor’s decisions, which are final and binding in all matters related to this Promotion. Winning a prize is contingent upon fulfilling all requirements set forth herein. Any violation of these Official Rules or any behavior on the Daily Winner, defined below, that may bring the Daily Winner or the Sponsor into disrepute (in Sponsor’s sole discretion) may result in Daily Winner’s disqualification from the Promotion and all privileges as a Daily Winner will be immediately terminated.
- WINNER DETERMINATION:A single winner will be randomly selected by Sponsor from the Eligible Entries for each Image of the Day posted during the Promotion Period (“Daily Winner”). The Daily Winner will be announced via Sponsor’s Instagram account at the completion of the contest sometime on or around February 2, 2016. Winners will be announced by Sponsor tagging the Daily Winner in the Instagram comments for the relevant Image of the Day and by sending Daily Winner a Direct Message on Instagram (“Notice of Winning”). Daily Winner must respond to Sponsor via direct messaging or e-mail at firstname.lastname@example.org to confirm eligibility, identity and valid shipping address within twenty four (24) hours of Notice of Winning. If a Daily Winner fails to respond to the Notice of Winning within twenty-four (24) hours (or is otherwise determined, in the sole discretion of the Sponsor, to be ineligible) an alternate winner will be chosen from the remaining eligible entries. If there is a dispute as to who is the owner of a submission, the submission will be deemed entered by the individual who can prove that they are the e-mail account holder associated with the Instagram account to which the winning submission was posted. If an identity dispute cannot be settled to Sponsor’s satisfaction the Entry will be deemed ineligible and another Daily Winner will be selected.
- WINNER REQUIREMENTS: If a potential Daily Winner cannot be contacted or does not comply with these Official Rules, or prize is returned as undeliverable, the potential Daily Winner forfeits the prize. If a potential winner is disqualified for any reason, the prize may be awarded to a runner-up, if any, in Sponsor’s sole discretion or the applicable prize will remain un-awarded. Sponsor reserves the right in its sole discretion to substitute any and all prizes with prizes of comparable value; all prizes are non-transferable. Acceptance of any prize shall constitute and signify each winner’s agreement and consent that Sponsor and its designees may use the winner’s name, city, state, likeness, photo, Submission and/or prize information in connection with the Promotion for promotional, advertising or other purposes, worldwide, in any and all media now known or hereafter devised, including the Internet, without limitation and without further payment, notification, permission or other consideration, except where prohibited by law. Without limiting the generality of these Official Rules, each Daily Winner shall irrevocably grant, transfer, convey and assign to Sponsor the entirety of the rights in and to the Submission and all renewals and extensions of copyright, and the right to secure copyright registrations thereto in perpetuity including, without limitation, the rights to use the Submission for any and all purposes in any and all media whether now known or hereafter developed, on a worldwide basis, in perpetuity. Each Daily Winner accepts and acknowledges that Sponsor shall not be obligated to use the Submission and that Sponsor in its sole discretion shall have the right to refrain from using the Submission. Sponsor shall not incur any liability whatsoever to the extent Sponsor chooses to refrain from any exploitation of its rights hereunder. Each Daily Winner will indemnify the Releasees (as defined in Section 9, below) and any licensee of Sponsor against all claims, damages, liabilities, and expenses (including reasonable counsel fees and legal expenses) arising out of any breach of these terms. Prizes will be fulfilled 2-3 weeks after the conclusion of the Promotion.
- GENERALCONDITIONS: Sponsor reserves the right to cancel, suspend and/or modify the Promotion, or any part of it, if any fraud, technical failures, human error or any other factor impairs the integrity or proper functioning of the Promotion, as determined by Sponsor in its sole discretion. If terminated Sponsor may, in its sole discretion, determine the winners from among all non-suspect, eligible Submissions received up to time of such action using the judging procedure outlined above. Sponsor, in its sole discretion, reserves the right to disqualify any individual it finds to be tampering with the Submission processor the operation of the Promotion or to be acting in violation of the Official Rules of this or any other promotion or in an unsportsmanlike or disruptive manner and void all associated Submissions. Any attempt by any person to deliberately undermine the legitimate operation of the Promotion may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages and other remedies (including attorneys’ fees) from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
- LIMITATIONS OFLIABILITY:Releasees are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrant, printing, typographical or other errors or by any of the equipment or programming associated with or utilized in the Promotion; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the Submission process or the Promotion; (4) printing, typographical, technical, computer, network or human error which may occur in the administration of the Promotion, the uploading, the processing or judging of Submissions, the announcement of the prizes or in any Promotion-related materials; (5) late, lost, undeliverable, damaged or stolen mail; or (6) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Promotion or receipt or use or misuse of any prize (including any travel/activity related thereto). Releasees are not responsible for misdirected or undeliverable Submissions or for any technical problems, malfunctions of computer systems, servers, providers, hardware/software, lost or unavailable network connections or failed, incomplete, garbled or delayed computer transmission or any combination thereof. Releasees are not responsible for any unauthorized third party use of any Submission.
- TECHNOLOGY USE.Promotion Sponsor is not be responsible for misdirected entries, human error, hardware or software malfunctions, or network failures of any other kind which could restrict entry, or any damage to entrant's computer in connection with participation in the Promotion or downloading or sending any Promotion materials. Promotion Sponsor reserves the right in its sole discretion to cancel, terminate, modify, delay or suspend the Promotion due to computer virus or to any reason of a technical, creative or other nature in Promotion Sponsor’s sole discretion, and to select Daily Winners. All entries become property of Promotion Sponsor and will not be returned or acknowledged. Proof of posting does not equal receipt of entry or notice. By participating in this Promotion, all entrants agree to be bound by these rules and by the decisions of the Sponsor, which are final in all matters relating to this Promotion.
- TAXES:The value of the Prize may be taxable as income. The receipt by Winner of any Prize is conditioned upon compliance with any and all federal, state and local rules and regulations. Winner is solely responsible for all insurance and any and all applicable federal, state and local taxes that become due with respect to the Prize.
- DISPUTES; CHOICEOF LAW:ALL INTREPRETATIONS OF THE RULES AND DECISIONS BY SPONSOR ARE FINAL. SPONSOR RESERVES THE RIGHT AT ITS SOLE DISCRETION TO DISQULIFY ANY INDIVIDUAL IT FINDSTO BE TAMPERING WITH THE ENTRY PROCESS OR THE OPERATION OF THE WEBSITE; TO BEACTING IN VIOLATION OF THE OFFICIAL RULES; OR TO BEACTING IN AN UNSPORTSMANLIKE OR DISRUPTIVE MANNER, OR WITH INTENT TO ANNOY,ABUSE, THREATEN, OR HARASS ANY OTHER PERSON. CAUTION: ANY ATTEMPT BY A PARTICIPANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION IS A VIOLATION OF CRIMINAL AND CIVILLAWS AND SHOULD SUCH AN ATTEMPT BE MADE, PROMOTION SPONSOR RESERVES THE RIGHTTO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BYLAW. THE NEW YORK COURTS (STATE AND FEDERAL) SHALL HAVE EXCLUSIVEJURISDICTION OF ANY OF THE CONTROVERSY REGARDING THE PROMOTION AND THE LAWS OFTHE STATE OF NEW YORK SHALL GOVERN THE PROMOTION. WITHOUT REGARD TO ANYCONFLICT OF LAWS OR PRINCIPLES, EACH ENTRANT WAIVES ANY AND ALL EXCLUSIVEOBJECTIONS TO JURISDICTION AND VENUE IN THOSE COURTS AND HEREBY SUBMITS TO THE JURISDICTION OF THOSE COURTS. EXCEPT WHERE PROHIBITED, EACH PERSON WHO PARTICIPATES IN THE PROMOTION IRREVOCABLY AGREES THAT SUCH DISPUTE(S) WILL BERESOLVED SOLELY BY BINDING ARBITRATION BEFORE A SOLE ARBITRATOR, WITH EXPERIENCE IN ADVERTISING OR PROMOTION AND ENTERTAINMENT LAW, UNDER THE RULESAND REGULATIONS OF THE AMERICAN ARBITRATION ASSOCIATION (“AAA”); PROVIDED, HOWEVER, THAT NOTWITHSTANDING THE PARTIES’ DECISION TO RESOLVE ANY ANDALL DISPUTES ARISING UNDER THIS PROMOTION THROUGH ARBITRATION, SPONSOR MAY (1)SEEK TO OBTAIN INJUNCTIVE RELIEF OR OTHER EQUITABLE RELIEF FROM A COURT TOENFORCE THE PROVISIONS OF THESE OFFICIAL RULES; (2) BRING AN ACTION IN COURT TO PROTECT AND INTERPRET SPONSOR’S INTELLECTUAL PROPERTY RIGHTS; AND/OR (3) BRINGAN ACTION TO ENFORCE THE DECISION OF THE ARBITRATOR BEFORE ANY COURT WITHAPPLICABLE JURISDICTION. The arbitration will be held in New York, New York. The arbitrator will apply the substantive laws of the state of New York, will issue a written decision and will have the power to award any legal remedies except as limited by these Official Rules. The parties will split the arbitrator’s fee; provided, however, if applicable law requires Sponsor to pay the arbitrator’s fee in order for the arbitration provision to be enforceable, Sponsor shall have the discretion to elect to pay such fees and proceed to arbitration. Entrant irrevocably waives any right to bring or join in any class action regarding the Promotion. Judgment upon the arbitration award may be entered in any court having jurisdiction thereof. This arbitration provision shall be deemed to be self-executing, and in the event that any party fails to appear to any properly noticed arbitration proceeding, an award may be entered against such party notwithstanding said failure to appear. In no event shall any entrant seek or be entitled to rescission, injunctive or other equitable relief or to enjoin or restrain the operation of this Promotion (or any website connected therewith), exploitation of any advertising or other materials issued in connection therewith, or exploitation of this Promotion (or any website or any content or other materials used or displayed on the website used in connection with the Promotion) or the entrant’s Submission(s).
- WINNER LIST: For a list of Daily Winners, (available after February 5, 2016) or a copy of these Official Rules, send an email to: email@example.com. Subject: Promotion Winners List or Promotion Official Rules (as applicable).