Socktober 2014 Instagram Sweepstakes Official Rules
These official rules ("Official Rules") contain the terms and conditions applicable to the LittleMissMatched SOCKTOBER 2014 SWEEPSTAKES (the "Sweepstakes") | Instagram.
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED. THIS SWEEPSTAKES IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH INSTAGRAM.
YOU MUST HAVE OR CREATE A PUBLICLY VISIBLE INSTAGRAM ACCOUNT TO PARTICIPATE.
This promotion is open to any legal resident or citizen of the fifty (50) United States or District of Columbia who is 13 years of age or older as of the commencement of the Sweepstakes Period. Individuals who are employees, officers or directors of Delta Galil USA (“Sponsor”), PM Digital (“Sweepstakes Administrator”), and their respective parents, subsidiaries, affiliates and advertising and promotion agencies, and the immediate family members (spouses, domestic partners and parents, children and siblings and their spouses or domestic partners, regardless of where they live) or members of the same households (whether related or not) of such individuals are not eligible to win. All applicable federal, state, and local rules apply. Please note: Anyone who has won a prize in a promotion sponsored by Delta Galil USA on Instagram in the 12 months prior to the start of this Sweepstakes, along with any such person’s immediate family or household members who share the same mailing address, is also not eligible. Any prize won by a minor may be awarded to his/her parent or legal guardian. Participation constitutes entrant’s full and unconditional agreement to these Official Sweepstakes Rules (the “Official Rules”) and Delta Galil USA’s decisions, which are final and binding in all matters related to the Sweepstakes. Winning a prize is contingent upon fulfilling all requirements set forth herein.
Sweepstakes begins at 11 a.m. ET on Friday 24th October 2014 and ends at 11:59 p.m. ET on Friday 24th October 2014 (the “Sweepstakes Period”). Sweepstakes Administrator is the official timekeeper for the Sweepstakes.
3. HOW TO ENTER THE SWEEPSTAKES
How to Enter The Sweepstakes: You must have or create a publicly visible Instagram account to participate. During the Sweepstakes Period, enter by first following “LittleMissMatched” on Instagram at http://instagram.com/littlemissmatched or through the Instagram mobile application (the “LittleMissMatched Instagram Account”). Users must like and comment under LittleMissMatched’s promotional photo (the “Promotional Post”) posted on the LittleMissMatched Instagram Account on Friday, 24th October 2014 as directed in the caption under the Promotional Post. You may tag other Instagram users in your comment under the Promotional Post, however, only you and the first Instagram user tagged in your comment under the Promotional Post (the “Tagged Participant”) will be eligible to receive the Prize. Each participant may make a maximum of one (1) entry during the Sweepstakes Period. Multiple entries are not permitted. Any attempt by any entrant to make more than the stated number of entries by using multiple/different email addresses, identities, registrations and logins, or any other methods will void that entrant’s entries and that entrant may be disqualified at Delta Galil USA’s sole discretion. Normal Internet access and usage charges imposed by your Internet service provider will apply. All entries must be received by Delta Galil USA during the Sweepstakes Period or they will be void.
4. SELECTION CRITERIA
Selection Criteria: Each entrant selected as a potential winner must comply with all terms and conditions set forth in these Official Rules and winning is contingent upon fulfilling all such requirements.
Sweepstakes Administrator will choose one winner at random to win a set of Black Zany Fuzzy Socks on Monday 27th October 2014. Winner shall be notified via Instagram on or around Monday 27th October 2014. Winner and the first person tagged in the winner’s comment on the Promotional Post will each receive a set of Black Zany Fuzzy Socks as featured in Instagram Promotional Post. Prize ARV is $13.33 each.
In the event the potential winner is selected and the potential winner’s Instagram comment includes a Tagged Participant, the Tagged Participant agrees to be bound by these Official Rules (including, but not limited to, the Grant of Publicity provisions and the General Conditions set forth herein), or he/she will not be eligible for the Prize.
These determinations are final and binding with respect to all matters relating to the Sweepstakes. No information regarding entries or judging will be disclosed to any third party not involved in the conduct of the Sweepstakes.
5. WINNER NOTIFICATION & AFFIDAVIT OF ELIGIBILITY
Potential winner (and the Tagged Participant, if applicable) will be notified via Instagram at the account used for the entry (and the Tagged Participant’s Instagram account) using Instagram Direct on or around Monday 27th October 2014. Potential winner and Tagged Participant will be required to complete an affidavit of eligibility (an “Affidavit of Eligibility”) as well as any additional required information, releases or responses. All legal responsibilities of a minor under these Official Rules will be assumed by his/her parent or legal guardian, and a minor winner’s Prize will be awarded in the name of the parent for the benefit of the minor. If any potential winner is found to be ineligible or if any potential winner does not comply with the Official Rules, then the potential winner may also be disqualified and an alternate potential Prize winner will be determined. If a potential winner cannot be contacted within 48 hours after the first attempt to contact such potential winner, an alternate entrant will be selected in his or her place from all entries received. If Tagged Participant is found to be ineligible, does not agree to or comply with the Official Rules, or cannot be contacted within 48 hours after the first attempt to contact such Tagged Participant, the Tagged Participant will no longer be eligible to win the Prize, and that Prize will be forfeited. Prize will be shipped to the postal address (within the 50 United States or D.C.) as provided by the winner (and Tagged Participant, if applicable) to Sponsor or Sweepstakes Administrator.
Winner (and Tagged Participant, if applicable) will receive a set of Black Zany Fuzzy Socks as featured in the Instagram Promotional Post (the “Prize”). Prize award is subject to verification of eligibility and compliance with these Official Rules. Prize ARV is $13.33 each. The odds of winning the Prize depend on the number of entries received.
Prizes and the redemption thereof are subject to terms and conditions specified by Delta Galil USA. Prizes are awarded “as is” with no warranty or guarantee, either express or implied. Prizes cannot be transferred, substituted or redeemed for cash, or used in conjunction with any other Sweepstakes or offer. Sponsor reserves the right, in its sole discretion, to substitute and/or modify the Prize with a prize of comparable or greater retail value, at its sole discretion. Only two (2) prizes are permitted per person and per family or household. All taxes on prizes and all costs and expenses related to acceptance and use of the prize not specified in these Official Rules as being provided are the sole responsibility of winner. Prize will only be awarded and delivered to an address within the 50 United States or D.C. P.O. Boxes will not be accepted. If any mail is returned as undeliverable without a forwarding address, then the Prize may be forfeited and an alternate winner may be selected at Sponsor’s discretion. All Prize details are at Sponsor’s sole discretion.
7. GRANT OF PUBLICITY
By participating in this Sweepstakes, you agree to permit Sponsor and its designees to use your entry, name, Instagram name, city and state address, voice, statement, image, profile photo or other likeness for advertising, publicity and promotional purposes, in any manner, in any and all media, now or hereafter developed, including but not limited to within Sponsor’s website and on Sponsor’s social media pages, in perpetuity, without compensation (unless prohibited by law) or permission from, or notification to, you, and further agree to execute any specific consent needed or requested by Sponsor or its designees in furtherance of such use.
8. GENERAL CONDITIONS
By participating in this Sweepstakes, you agree: [a] to these Official Rules and decisions of Sponsor and Sweepstakes Administrator, which shall be final and binding in all respects relating to the Sweepstakes; and [b] to release, waive, discharge, indemnify, defend and hold harmless Sponsor, Sweepstakes Administrator, Instagram, and their respective parents, affiliates, subsidiaries and advertising and promotion agencies and all of their respective officers, directors, shareholders, partnership, members, principals, employees, agents, contractors or suppliers (collectively, “Released Parties”) from any and all injuries, liability, losses and damages of any kind arising out of or related to their participation in the Sweepstakes or their acceptance, use or misuse of a prize including, without limitation, personal injury, death and property damage, and claims based on publicity rights, copyright, trademark, defamation or invasion of privacy. In the event of a dispute regarding the identity of the person submitting an entry, the entry will be deemed to be submitted by the natural person who is the “authorized account holder” assigned to the account by Instagram. If the identity of the person submitting an entry cannot be resolved to Sponsor or Sweepstakes Administrator’s satisfaction, the affected entry will be deemed ineligible.
By entering the Sweepstakes, you (or your parent/legal guardian, if you are deemed to be a minor in the state of your residence) represent and warrant as follows: [a] the entry is your own, original material; [b] the entry does not contain any harmful computer code and is not otherwise corrupted; [c] as of the date of entry, the entry is not the subject of any actual or threatened litigation or claim; [d] the entry does not and will not violate or infringe other people's or companies’ intellectual property, privacy, publicity, or other legal rights, or constitute copyright infringement; [e] the entry does not contain any material disparaging of the Sponsor and Sponsor’s affiliates; [f] the entry does not contain material embodying the names, images, likeness or voices identifying another person without permission; and [g] the entry is not abusive, harassing, harmful to reputation, pornographic, indecent, profane, obscene, hateful, racist, or otherwise objectionable. Sponsor and Sweepstakes Administrator reserve the right to disqualify (and refuse to accept or remove) any entry that Sponsor or Sweepstakes Administrator, in their sole discretion, deem to violate these Official Rules.
Released Parties are not responsible for and shall not be liable for: [a] electronic, hardware or software program, network, Internet or computer malfunctions, failures, or difficulties of any kind, including without limitation, server malfunction or by any human error which may occur in the processing of Entries or votes; [b] failed, incomplete, garbled or delayed computer transmissions; late, lost, inaccurate, delayed, stolen, garbled, misdirected or incomplete entries or votes or for other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Sweepstakes, including, without limitation, errors or difficulties which may occur in connection with the administration of the Sweepstakes, the processing of entries, the announcement of thePrize winner; or any condition caused by events that may cause the Sweepstakes to be disrupted or corrupted. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by site users, tampering, hacking, or by any equipment or programming associated with or utilized in the Sweepstakes. Released Parties are not responsible for injury or damage to any person’s computer related to or resulting from participating in this Sweepstakes. Persons who tamper with or abuse any aspect of the Sweepstakes or website (including, but not limited to, the use of any device to automate the entry process), who act in an unsportsmanlike or disruptive manner or who are in violation of these Official Rules, as solely determined by Sponsor, will be disqualified and all associated entries will be void. Sponsor reserves the right in its sole discretion to cancel, terminate, modify or suspend the Sweepstakes or any portion thereof should viruses, bugs or other causes corrupt the administration, security or proper play of the Sweepstakes, and limit entries to those submitted prior to the action taken, or to proceed in such a manner as may be deemed fair and equitable by Sponsor in its sole discretion and, if terminated, to award the prizes from all non-suspect, eligible entries received prior to such action or as otherwise deemed fair and appropriate by Sponsor.
These Official Rules cannot be modified or amended in any way except in a written document issued in accordance with law by a duly authorized representative of Sponsor. The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
Except where prohibited, entrant agrees that:(1) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred in entering this Sweepstakes, and in no event will entrant be entitled to obtain attorneys’ fees or other legal costs; and (2) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, special, punitive, incidental and consequential damages and any other damages, except as expressly provided above, and any and all rights to have damages multiplied or otherwise increased.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE ANY AND ALL RIGHTS UNDER SECTION 1542 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.” You expressly waive and release any right or benefit which you have or may have under Section 1542 of the Civil Code of the State of California, to the full extent that you may waive all such rights and benefits pertaining to the matters released here. In connection with such waiver and relinquishment, you acknowledge that you are aware that you may hereafter discover claims presently unknown or unsuspected, or facts in addition to or different from those which you now know or believe to be true, with respect to the matters released herein; nevertheless, it is your intention through this release to fully and finally and forever settle and release all such matters and claims relative thereto, which do not exist, may exist or heretofore have existed between yourself and the Sponsor related to the Sweepstakes. The release herein given shall be and remain in effect as a full and complete release of such claims and matters notwithstanding the discovery or existence of any such additional or different claims or facts relative thereto.
Governing Law/Jurisdiction: The Sweepstakes and these Official Rules shall be construed in accordance with New York state law. Any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes or any prize awarded or not awarded shall be resolved individually, without resort to any form of class action, and exclusively by the Courts located in New York County, New York.
Delta Galil USA, Harmon Plaza, 5TH Floor, Secaucus, NJ 07094.
10. SWEEPSTAKES ADMINISTRATOR
PM Digital, 5 Hanover Square, New York, NY 10004.
11. WINNER'S LIST / OFFICIAL RULES
To obtain any legally-required winner(s) list (after the conclusion of the Sweepstakes) or a copy of these Official Rules, send a self-addressed envelope with the proper postage affixed to: PM Digital, 5 Hanover Square, New York, NY 10004 (VT residents may omit return postage) by 31st October, 2015.
This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with Instagram. You understand that you are providing your information to Sponsor and not Instagram. If you have any questions about this Sweepstakes, please contact Sponsor and not Instagram.