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“#REBELSPIRIT SOCIAL MEDIA SWEEPSTAKES”
OFFICIAL TERMS AND CONDITIONS
1. SWEEPSTAKES. The following official terms and conditions ("OFFICIAL RULES") apply to the “#rEBELSPIRIT Social media SWEEPSTAKES” (the "Sweepstakes"). NO PURCHASE NECESSARY TO ENTER OR WIN THE SWEEPSTAKES. COMPLETING THE ACTIONS DESCRIBED FOR PRIMARY ENTRY IN SECTION 4(A) BELOW SHALL NOT INCREASE YOUR CHANCES OF WINNING AS COMPARED TO OTHER FORMS OF ENTRY. THE ODDS OF WINNING THE SWEEPSTAKES DEPEND ON THE NUMBER OF ELIGIBLE ENTRIES RECEIVED. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
2. ENTRY PERIOD: The Sweepstakes starts on Saturday, September 16, 2017, at 10:00:00 A.M. ET and ends on Monday, October 2, 2017, at 11:59:59 P.M. ET (the “Sweepstakes Period”). All entries must be posted on Instagram or postmarked prior to the expiration of the Sweepstakes Period in accordance with the terms and conditions of these Official Rules.
3. ELIGIBILITY: ThE Sweepstakes is open to legal residents Of THE CONTINENTAL UNITED STATES (the “territory”). Entrants must be at least 18 years of age or older at time of entry. Employees (and their immediate families) (i.e., parents, spouse, children, siblings, grandparents, step parents, step children and step siblings) of Sponsor (as defined herein) and any affiliated companies, sponsors, advertising agencies, and third party fulfillment agencies are not eligible.
4. HOW TO ENTER: Subject to the terms and conditions set forth in these Official Rules, there are two ways to enter into the Sweepstakes and become an eligible entrant (“Entrant”)—specifically, Primary Entry and Alternative Entry, each as more fully described below.
(A) PRIMARY ENTRY:
In order to be entered into the Sweepstakes, Entrant must (i) be a personally-registered account holder of Instagram in good standing with a public profile. Any Entrant found to be using the account of a group, company, or other association, may be disqualified in Sponsor’s sole and absolute discretion. If Entrant is not a personally-registered account holder of Instagram, Entrant should visit Instagram.com to register for an account. Instagram accounts are free. Registration for and use of Instagram is subject to Instagram’s terms and conditions and Sponsor has no responsibility with respect to such registration or use or enforcement of such terms and conditions; (ii) visit a John Varvatos retail store in the Territory during the Sweepstakes Period; and (iii) post, for public viewing, on Entrant’s Instagram account (but not on Entrant’s Instagram Story) a photo or video of Entrant as the primary subject during such visit to the John Varvatos retail store in the Territory during the Sweepstakes Period, and such post shall include “@johnvarvatos” and the hashtags “#REBELSPIRIT” and “#sweepstakes” in the caption of the photo/video (the “Audiovisual Submission”). Each Audiovisual Submission is considered one entry into the Sweepstakes.
In addition, each Audiovisual Submission shall abide by the below content guidelines:
-Each Audiovisual Submission must be an original unpublished work owned solely by Entrant.
-Each Audiovisual Submission must not have won any previous award or been submitted in any other competition.
-Each Audiovisual Submission must remain on Entrant’s Instagram throughout the Sweepstakes Period. If Entrant deletes an Audiovisual Submission during the Sweepstakes Period, Entrant may lose the entry.
-Each Audiovisual Submission must not be posted more than once on Entrant’s Instagram during the Sweepstakes Period.
-Each Audiovisual Submission must not infringe any third party’s intellectual property, privacy or other rights.
-Each Audiovisual Submission must not communicate messages inconsistent with or contrary to the spirit of the Sweepstakes or the Sponsor and its policies, services or goodwill, as determined in Sponsor’s sole and absolute discretion.
-Each Audiovisual Submission must not feature or reference any commercial products and/or trademarks, logos, brands or endorsements (including third party logos on street scenes, panoramic views, vehicle license plates, clothing, etc.) other than those of the Sponsor and must not contain any copyrighted works of any third party.
-Regramming or copying and using a photo or video created by another Instagram user is prohibited.
Sponsor may, in its sole and absolute discretion, disqualify, remove, delete and/or forfeit any Audiovisual Submission that Sponsor deems inappropriate, indecent or obscene, unsuitable for publishing or otherwise non-compliant with these Official Rules. Sponsor makes the final determination as to which Audiovisual Submissions are eligible to take part in the Sweepstakes.
The person entering for the Sweepstakes and uploading the Audiovisual Submission will be deemed the Entrant. By entering, each Entrant warrants and represents that he/she has obtained the necessary rights and consents with respect to the Audiovisual Submission.
(B) ALTERNATIVE ENTRY:
In order to be entered into the Sweepstakes without completing the actions described above as part of the Primary Entry method, Entrant must mail in a 3”x5” card with Entrant’s first and last name, physical address, e-mail address, date of birth, and telephone number to John Varvatos Enterprises, Inc., #REBELSPIRIT SOCIAL MEDIA SWEEPSTAKES, 26 West 17th Street, 12th Floor, New York, NY 10011 prior to the conclusion of the applicable Sweepstakes Period. For the avoidance of doubt, mail-in entries must be legibly postmarked before the conclusion of the Sweepstakes Period and must be received by Sponsor no more than six days thereafter to be eligible for the Sweepstakes. There is a limit of one write-in entry per post marked envelope. Each envelope is considered one entry into the Sweepstakes. Multiple entries submitted or completed by anyone other than Entrant are void. No mechanical reproductions shall be accepted. Write-in entries must contain all entry fields outlined above; otherwise, they are void and shall not be eligible for the Sweepstakes.
5. GENERAL ENTRY TERMS AND CONDITIONS: All entries submitted in accordance with these Official Rules shall be hereinafter referred to as “Eligible Entries”. Entrants are limited to one entry per Entrant per day during the Sweepstakes Period and all entries in excess of such amount shall be deemed void. As used herein, a “day” is defined as a 24-hour period, beginning at 12:00:00 A.M. ET and ending at 11:59:59 P.M. ET, except for the first day of the Sweepstakes where a day is defined as beginning at 10:00:00 A.M. ET and ending at 11:59:59 P.M. ET. Entries submitted by anyone other than Entrant or in any manner or method other than as required by these Official Rules are void. In the event of a dispute over who submitted, or shall be entitled to claim, the winning entry, the authorized account holder of the Instagram account used to participate in the Sweepstakes at the actual time of entry, shall be deemed to be the Entrant. It is solely the responsibility of Entrant to notify the Sponsor in writing if Entrant changes his or her Instagram account used to enter the Sweepstakes during the Sweepstakes Period. Any potential Prize Winner (as defined herein) may be requested to provide Sponsor with proof and other substantiating documentation that such person is the Prize Winner. All entries and related materials become the property of Sponsor and shall not be acknowledged or returned.
6. Prize Winner SELECTION AND Notification: Subject to the terms and conditions set forth in these Official Rules, there shall be one potential prize winner randomly selected from among all qualifying Entrants on or about seven days after the conclusion of the Sweepstakes Period (the “Prize Winner”) and Sponsor and/or its designees shall thereafter attempt to contact the potential Prize Winner either using the phone number and/or e-mail address provided by him/her as part of his/her entry into the Sweepstakes or through an Instagram Direct Message on the Instagram account used to post the Audiovisual Submission. If a potential Prize Winner: (i) cannot be contacted; or (ii) does not respond and return two copies of the completed Sweepstakes Documentation (as defined herein), including any documentation requested by Sponsor to be signed by the potential Prize Winner’s one guest, within 12 hours after Sponsor’s attempted notification, Sponsor reserves the right, in its sole and absolute discretion, to disqualify such potential Prize Winner and, if time permits, to select the next qualifying potential Prize Winner and attempt to contact same, who shall be subject to the same eligibility requirements and disqualification in the same manner as described in these Official Rules. Sponsor shall not be responsible for failed attempts to notify any potential Prize Winner and no responsibility is assumed by Sponsor for any e-mail(s), message(s) or other correspondence returned as undeliverable without a forwarding address or any other problems, omissions or technical malfunctions associated with any platform, network, servers, computer equipment, software, applications, the Internet or any combination thereof. For the avoidance of doubt, each potential Prize Winner shall be subject to verification, including, as described in Section 7 below.
7. Prize Winner Verification: Upon the request of Sponsor, the potential Prize Winner must sign and return the following documents in order to be eligible to receive the Prize (as defined herein): (i) an affidavit of eligibility; (ii) a publicity/liability release; (iii) any other releases and waivers requested by Sponsor, in each instance (i.e., subsections (i), (ii) and (iii) above), releasing the Sponsor Entities from any and all liability, loss, claims, demands, and causes of action for or related to (a) personal injury, damage, theft, loss, or any other harm suffered in connection with the Sweepstakes or the receipt and/or use of the Prize (or any component thereof); (b) publicity rights, defamation, invasion of privacy, intellectual property and any other personal, proprietary or property rights of any party and/or any related cause of, including, the use/misuse and/or acceptance of the Prize (or any component thereof); and (c) except where prohibited by law, a promotional release granting Sponsor the right to use each potential Prize Winner’s name and likeness for advertising, marketing and publicity purposes without additional compensation, credit, accounting, notification or approval (collectively, the “Sweepstakes Documentation”). By entering into the Sweepstakes, each Entrant agrees to promptly sign and return all of the Sweepstakes Documentation in accordance with the requirements, criteria, parameters and timing described herein or otherwise designated by Sponsor. The potential Prize Winner’s one guest shall also be required to promptly sign and return releases, waivers and any other documentation requested by Sponsor.
8. Prize Terms and RESTRICTIONS: Only the Prize as described in these Official Rules shall be awarded and no substitutions, cash equivalents and/or redemptions shall be made, except that Sponsor reserves the right to substitute the Prize (or any component thereof) with another prize of equal or greater value, including a cash award, in the event that the Prize (or any component thereof) is not available. Each Entrant in the Sweepstakes shall be eligible to win no more than one Prize. The Prize is non-transferable or assignable to any other person or entity, except by Sponsor. Reporting and payment of all applicable taxes, fees, and/or surcharges, if any, arising out of, or resulting from, acceptance or use of the Prize, are the sole responsibility of the Prize Winner. The Sponsor Entities expressly disclaim any responsibility or liability for injury or loss to any person or property relating to the delivery and/or subsequent use and redemption of the Prize. The Sponsor Entities make no representations or warranties (express or implied) concerning the appearance, safety, features, usage, accuracy or performance of the Prize. Restrictions, conditions and limitations apply, as more fully described in Section 9 below. The Sponsor Entities shall not be liable for nor replace any lost, stolen, damaged or malfunctioning element of the Prize.
9. Prize DESCRIPTION AND CONDITIONS: Subject to the terms and conditions set forth in these Official Rules, the prize for the Sweepstakes is as follows (collectively, the “Prize”):
The approximate retail value of the Prize is $3,600.00 USD. The actual value of the Prize may vary depending upon market conditions at the time of fulfillment and/or redemption. Any difference between the approximate retail value and the actual value, if any, shall not be rewarded. The redemption, availability and use of the Prize shall be subject to any applicable policies, conditions, restrictions, exclusions and other terms promulgated by the air carriers, hotels, venue operators, Prize providers or other third parties providing any Prize-related products or services (including such third parties’ use, acceptance, redemption, cancellation, codes of conduct and security policies, etc.). Entrant acknowledges that the air transportation, hotel and/or Concert may be cancelled, rescheduled or modified without notice to Entrant and the Sponsor Entities shall have no obligation to refund the value of the Prize, to provide tickets to the rescheduled concert or flight (if any), to provide a replacement hotel room or to otherwise provide a substitute prize or any compensation of any kind. Except as specifically provided herein, the Prize does not include taxes, insurance, travel visas, telephone charges, Internet/data fees, personal expenses, travel arrangements between the major U.S. airport near the potential Prize Winner’s place of residence in the U.S. and the U.S. airport of departure, ground transportation, gratuities, passenger facility charges, departure taxes, incidental charges, or any other items not specifically described in these Official Rules, and all expenses for any of the foregoing are the sole responsibility of the potential Prize Winner. Sponsor Entities shall not be liable for any loss or damage to baggage. If the potential Prize Winner is deemed a minor in his/her state of residence, then the potential Prize Winner’s parent/legal guardian shall be required to accompany the potential Prize Winner on the trip as the potential Prize Winner’s one guest. The POTENTIAL PRIZE winner must be able to travel on those dates AND TIMES designated by Sponsor, in its sole and absolute discretion, and all travel arrangements shall be made by Sponsor or Sponsor’s designated agent. The potential Prize Winner and one guest must possess valid travel documents in order to travel. If the potential Prize Winner chooses not to accept the Prize, fails to comply with these Official Rules, or is unable and/or unwilling to travel on those dates and times designated by Sponsor, in its sole and absolute discretion, the Prize shall be forfeited, in its entirety, by that potential Prize Winner, and Sponsor reserves the right to offer the Prize to another qualifying Entrant, subject to the terms and conditions set forth in these Official Rules. If Sponsor cannot find an eligible Entrant able to travel on the required dates and times, the Prize shall be forfeited. Once confirmed, trip dates and travel accommodations cannot be changed by the potential Prize Winner. Travel is subject to availability, blackout dates, and/or changes due to circumstances beyond the Sponsor’s control. No extensions shall be permitted, and any unused travel shall be forfeited. The Prize cannot be used in conjunction with any other promotion or offer and may not be separated. All tickets issued in conjunction with the Prize are not eligible for frequent flyer miles and no code-share flights may be used. In the event a Prize Winner engages in behavior that (as determined by Sponsor in its sole and absolute discretion) is dangerous, obnoxious, threatening, illegal or that is intended to annoy, abuse, endanger, threaten or harass any other person, or that is otherwise contrary to the spirit of the Sweepstakes, Sponsor reserves the right to terminate such Prize Winner’s Prize, in whole or in part, and send the potential Prize Winner home, at his/her sole expense. The Sponsor Entities expressly disclaim any responsibility or liability for injury or loss to any person or property relating to the delivery and/or subsequent use and redemption of the Prize (or any component thereof). The Sponsor Entities make no representations or warranties (express or implied) concerning the appearance, safety or performance of the Prize (or any component thereof). For the avoidance of doubt, the value of the Prize shall be taxable to the potential Prize Winner as income. The potential Prize Winner must supply Sponsor with his/her social security number for tax purposes. An IRS Form 1099 shall be issued in the name of the potential Prize Winner, or if a minor in the jurisdiction in which he/she resides, in the name of his/her parent or legal guardian, for the actual value of the Prize received. All federal, state and local taxes, and any other costs not specifically provided for in these Official Rules are solely the potential Prize Winner’s responsibility. The Prize restrictions and conditions set forth herein are not exhaustive and additional restrictions and conditions may apply.
10. General Terms: The Sweepstakes is governed by and subject to the laws of the United States. All federal, state and local laws and regulations apply. Void where prohibited or restricted by law. Any violation of these Official Rules may result in disqualification. Sponsor reserves the right to reject any entries in the Sweepstakes or any Entrant’s activities associated therewith that may be deemed, in its sole and absolute discretion, to violate these Official Rules, and/or any policies or guidelines established by Sponsor that govern Entrants’ participation in the Sweepstakes. If these Official Rules conflict with or otherwise differ from any promotional or other materials published OR MADE AVAILABLE in connection with the Sweepstakes, these Official Rules shall control.
ANY VIOLATION OF THESE TERMS BY A PRIZE WINNER AND/OR PRIZE WINNER’S GUEST OR ANY BEHAVIOR BY A PRIZE WINNER AND/OR PRIZE WINNER’S GUEST THAT SHALL BRING SUCH PRIZE WINNER, GUEST OR SPONSOR INTO DISREPUTE (IN THE SPONSOR’S SOLE AND ABSOLUTE DISCRETION) SHALL RESULT IN SUCH PRIZE WINNER’S DISQUALIFICATION AS A PRIZE WINNER FROM THE SWEEPSTAKES AND ALL PRIVILEGES AS A PRIZE WINNER SHALL BE IMMEDIATELY TERMINATED.
Sponsor reserves the right to cancel, terminate or modify any transmission or other activity not capable of completion as planned, including by reason of infection by computer virus, bugs, tampering, unauthorized intervention, force majeure or technical failures of any sort. Sponsor is not responsible for errors in the administration or fulfillment of the Sweepstakes, including, mechanical, human, printing, distribution or production errors, and may modify or cancel the Sweepstakes for any reason or no reason in its sole and absolute discretion without liability or obligation. Sponsor assumes no responsibility for the incorrect or inaccurate posting of information whether caused by any of the equipment or programming associated with or utilized in the Sweepstakes or by any human error which may occur in the processing of the Eligible Entries, memberships, registrations or other correspondence or transmissions in connection with the Sweepstakes. Sponsor is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers, or providers, computer equipment, software, applications, failure of any e-mail or players on account of technical problems or traffic congestion or otherwise on the Internet or at any web site or application, or any combination thereof, including, any injury or damage to any Entrant’s or any other person's computer related to or resulting from participation in the Sweepstakes. Sponsor is not responsible for any typographical or other error in the printing of any materials, administration of the Sweepstakes, or in the announcement of the Prize Winner. If, for any reason, any functionality or other aspect of the Sweepstakes is not capable of being offered and/or operated as planned, including, due to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Sweepstakes, Sponsor reserves the right in its sole and absolute discretion to cancel, terminate, modify (e.g., time periods, alternate prizing, eligibility criteria, etc.) or suspend the Sweepstakes. All interpretations of these Official Rules and decisions by Sponsor are final. No software-generated, robotic, programmed, script, macro or other automated online or text message entries are permitted and shall result in disqualification of all such entries. Sponsor reserves the right in its sole and absolute discretion to disqualify any Entrant or other party for any reason, including those it finds to (i) have tampered with the entry process or the operation of any technology associated therewith (or any component thereof); (ii) be acting in violation of these Official Rules or the spirit of the Sweepstakes; or (iii) be acting in a disruptive or unsportsmanlike manner, whether with intent to annoy, abuse, threaten or harass any other person or Entrant or other otherwise, or to have provided inaccurate information at any time during the Sweepstakes, including, on any entries or legal documents submitted in connection with the Sweepstakes or otherwise. Further, Sponsor reserves the right to disqualify any Entrant whose conduct, in Sponsor’s sole and absolute discretion, is deemed to be offensive, libelous, slanderous, inflammatory, or otherwise inappropriate or unsportsmanlike in any way for the Sweepstakes.
CAUTION: ANY ATTEMPT BY ANY INDIVIDUAL TO DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
Entrant agrees to indemnify and hold harmless the Sponsor Entities from any and all liability resulting or arising from Entrant’s acts or omissions in connection the Sweepstakes, to release all rights to bring any claim, action or proceeding against the Sponsor Entities from any and all liability resulting or arising from the Sweepstakes and hereby acknowledge that the Sponsor Entities have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to the Prize.
11. Disputes/Governing Law: Except where prohibited, as a condition of participating in the Sweepstakes, each Entrant agrees that any and all disputes which cannot be resolved between the parties, claims and causes of action arising out of or connected with the Sweepstakes, or the Prize awarded, or the determination of the Prize Winner shall be resolved individually, without resort to any form of class action. Further, in any such dispute, under no circumstances shall any Entrant be permitted to obtain awards for, and hereby waives all rights to claim punitive, incidental or consequential damages, or any other damages, including attorneys' fees, other than Entrant’s actual out-pocket expenses (e.g., costs associated with entering the Sweepstakes), and each Entrant further waives all rights to have damages multiplied or increased. All issues and questions, rights and obligations of each Entrant in connection with the Sweepstakes shall be governed by, and construed in accordance with, the laws of the State of New York, U.S.A., without giving effect to the conflict of laws rules thereof and any matters or proceedings as set forth in these Official Rules, shall take place in the State of New York, County of New York. Sponsor and each Entrant waive rights to trial by jury in any action or proceeding instituted in connection with these Official Rules and/or the Sweepstakes.
12. PRIVACY: By entering the Sweepstakes, and subject to the terms and conditions set forth in these Official Rules, each Entrant agrees to Sponsor’s use of their personal information and Audiovisual Submission in accordance with Sponsor’s applicable policies.
13. PRIZE WINNERS LIST/RULES REQUESTS: For a copy of these Official Rules or the Prize Winner’s name, send a separate, stamped, self-addressed envelope detailing your request to: John Varvatos Enterprises, Inc., Attention: “#REBELSPIRIT Social Media Sweepstakes” Winners List, 26 West 17th Street, 12th Floor, New York, NY 10011. Requests received 60 days after the conclusion of the Sweepstakes Period shall not be honored.
14. SPONSOR: The Sweepstakes is sponsored by John Varvatos Enterprises, Inc., 26 West 17th Street, 12th Floor, New York, NY 10011 (“Sponsor”). The Sweepstakes is in no way authorized, sponsored, endorsed, approved, or administered by, or in association with, Guns N’ Roses, Instagram, Inc. or any of their respective affiliates. Each Entrant releases Instagram and its affiliates from any and all claims and damages arising out of or in connection with the Sweepstakes. Any questions, comments or complaints regarding the Sweepstakes are to be directed to Sponsor, at the address above, not Instagram.