Published

Aug 13, 2008

INTERMIX 100K Followers Sweepstakes Official Rules

NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT IMPROVE YOUR CHANCES OF WINNING.

Sweepstakes may only be entered by residents of the fifty (50) United States and the District of Columbia.  This Sweepstakes is governed exclusively by the laws of the United States. 

1. How to Enter.  To enter the Sweepstakes, during the Sweepstakes Period (as defined below), either (i) use the Instagram application on your Instagram-compatible mobile device (your carrier’s standard data rates apply) and comment and tag a friend’s Instagram account you would like to designate to win a prize if your entry is selected as a winner on INTERMIX’s 100K Celebration photo posted on INTERMIX’s Instagram feed on August 21, 2014; or (ii) e-mail entry to social@intermixny.com. Any entrant using the Instagram method of entry must have a public Instagram profile and must be following @intermixonline on Instagram.

To enter the Sweepstakes via Instagram, you must have the Instagram application, be a registered user of Instagram and have an active, non-private account with an established Instagram username to participate. If you do not have the Instagram application, you may download it through the application store on your mobile device.  The Instagram application is free.  Instagram’s Terms of Use apply (http://instagram.com/legal/terms/).  Note: If you enter the Sweepstakes using a mobile device on a wireless service provider’s network (as opposed to on a Wi-Fi network), your carrier’s data rates apply.  You should consult your wireless service provider’s pricing plan for details.  You agree to incur any and all charges demanded by your wireless carrier.

To enter the Sweepstakes via e-mail, send an e-mail with the subject line “INTERMIX 100K Followers Sweepstakes” to social@intermixny.com that includes your name, the name of the friend you would like to designate to win a prize if your entry is selected as a winner and your phone number.

Limit one (1) entry per person during the Sweepstakes Period. Gap Inc. (“Sponsor”) reserves the right to cancel or modify this Sweepstakes in the event an insufficient number of qualified entries are received.

By entering, you further agree that your entry conforms to the Guidelines and Content Restrictions set forth below (collectively, the “Guidelines and Restrictions”) and that Sponsor, in its sole discretion, may reject any participant’s entry and disqualify him or her from the Sweepstakes if Sponsor believes, in its sole discretion, that such entry fails to conform to the Guidelines and Restrictions or otherwise is in violation of these Official Rules.

Guidelines and Content Restrictions:

  • Entries must not contain material that violates or infringes another’s rights, including but not limited to privacy, publicity or intellectual property rights, or that constitutes copyright infringement;
  • Entries must not contain brand names or trademarks, except for Sponsor’s trademark, which entrant has a limited license to use for the sole purposes of creating and uploading a Submission into this Contest;
  • Entries must not contain false or unsubstantiated statements or claims regarding Sponsor’s or any other products;
  • Entries must not contain material that is inappropriate, indecent, obscene, violent, hateful, tortious, defamatory, slanderous or libelous;
  • Entries must not contain material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age;
  • Entries must not contain material that is unlawful, in violation of or contrary to any laws or regulations where the entry is created;
  • Entries must adhere to the Instagram Terms of Use set forth here: http://instagram.com/about/legal/terms/.

All entrants must have a valid e-mail address. No automated entry devices and/or programs permitted.  Delivery of prizes requires a street address (no P.O. Boxes). All entries become the sole and exclusive property of Sponsor and receipt of entries will not be acknowledged or returned. Sponsor is not responsible for lost, late, illegible, stolen, incomplete, invalid, unintelligible, postage-due, misdirected, technically corrupted or garbled entries, which will be disqualified, or for problems of any kind whether mechanical, human or electronic.  Only fully completed entries are eligible.  Proof of submission will not be deemed to be proof of receipt by Sponsor.

2. Start/End Dates. Sweepstakes begins at 6:00 am Eastern Time (“ET”) on August 21, 2014 and ends at 11:59 pm ET on August 21, 2014 (“Sweepstakes Period”).

3. Eligibility. Participation open only to legal residents of the fifty (50) United States, the District of Columbia, who are eighteen (18) or older as of date of entry.  Void outside of the United States and the District of Columbia and where prohibited, taxed or restricted by law.  Employees, officers and directors of Sponsor and its parent company, subsidiaries, affiliates, partners, advertising and promotions agencies, and their immediate families (parents, children, siblings, spouse) or members of the same household (whether related or not) of such employees, officers and directors are not eligible to enter.  Sweepstakes may only be entered into in or from the fifty (50) United States or the District of Columbia, and entries originating from any other jurisdiction are not eligible for entry.  All federal, state and local laws and regulations apply.

4. Random Drawing/Odds. The drawing will be conducted on or about the close of the day on August 21, 2014.  The two (2) winners will be selected by a random drawing of one (1) entry from among all eligible entries received during the Sweepstakes Period, with the winners being the person whose entry is drawn and the friend who was named in that person’s entry. Odds of winning depend on the number of eligible entries received for the drawing. By entering the Sweepstakes, you fully and unconditionally agree to be bound by these Official Rules and the decisions of the Sponsor, which will be final and binding in all matters relating to the Sweepstakes.

5. Prizes. There will be two (2) winners selected, comprised of the entrant selected in the random drawing and the entrant’s friend named in his/her entry. The winners will each receive one (1) $500 INTERMIX gift card. Gift card terms and conditions apply. Prize is non-transferable.  No substitutions or cash redemptions.  In the case of unavailability of any prize, Sponsor reserves the right to substitute a prize of equal or greater value.  Winner is responsible for all federal, state and local taxes owed on prize and for all expenses not specifically listed herein.

6. Notification. Sponsor will contact the entrant who is selected as a potential winner (along with his or her designated friend) via direct message on Instagram (for Instagram entrants) or via e-mail (for e-mail entrants) on or about August 22, 2014.  The winners will be announced on or about August 22, 2014 in the comments section of INTERMIX’s 100K Followers photo post. Potential winners will be asked to e-mail the Sponsor in order to claim their prize within three (3) days of receipt of Sponsor’s Instagram direct message or e-mail. If the winner cannot be contacted or does not respond within those three (3) days, if any prize or prize notification is returned as undeliverable, if any winner rejects his/her prize, or in the event of noncompliance with these Official Rules, the prize will be forfeited and an alternate winner will be selected at random from among all remaining eligible entries. Upon prize forfeiture, no compensation will be given. Winners may be required to sign and return, where legal, an Affidavit of Eligibility and Liability/Publicity Release within five (5) days of prize notification. If any winner is considered a minor in his/her jurisdiction of residence, the Affidavit of Eligibility and Liability/Publicity must be signed by, and the prize will be awarded in the name of, his/her parent or legal guardian.

7. Conditions. BY PARTICIPATING, ENTRANTS AND WINNERS AGREE TO RELEASE, INDEMNIFY AND HOLD HARMLESS SPONSOR, INSTAGRAM, LLC, AND THEIR ADVERTISING AND SWEEPSTAKES AGENCIES AND THEIR RESPECTIVE PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, PARTNERS, REPRESENTATIVES, AGENTS, SUCCESSORS, ASSIGNS, EMPLOYEES, OFFICERS AND DIRECTORS (“RELEASED PARTIES”), FROM ANY AND ALL LIABILITY, FOR LOSS, HARM, DAMAGE, INJURY, COST OR EXPENSE WHATSOEVER INCLUDING WITHOUT LIMITATION, PROPERTY DAMAGE, PERSONAL INJURY AND/OR DEATH WHICH MAY OCCUR IN CONNECTION WITH, PREPARATION FOR, TRAVEL TO, OR PARTICIPATION IN SWEEPSTAKES, OR POSSESSION, ACCEPTANCE AND/OR USE OR MISUSE OF PRIZE OR PARTICIPATION IN ANY SWEEPSTAKES-RELATED ACTIVITY AND FOR ANY CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION, INVASION OF PRIVACY, COPYRIGHT INFRINGEMENT, TRADEMARK INFRINGEMENT OR ANY OTHER INTELLECTUAL PROPERTY-RELATED CAUSE OF ACTION.

Entrants who do not comply with these Official Rules, or attempt to interfere with this Sweepstakes in any way shall be disqualified.  Sponsor is not responsible if Sweepstakes cannot take place or if any prize cannot be awarded due to delays or interruptions due to acts of God, acts of war, natural disasters, weather or acts of terrorism or any other causes outside of Sponsor’s reasonable control.

8. License/Grant of Rights. Participation in Sweepstakes and acceptance of prize constitutes each winner’s permission for Sponsor to use his/her entry and his/her name, address (city and state), likeness, image, picture, portrait, voice, biographical information, and/or any statements made by each winner regarding the Sweepstakes or Sponsor for advertising and Sweepstakes purposes in any and all media now known or hereafter developed, worldwide, in perpetuity, without notice or additional compensation, except where prohibited by law.

9. Additional Terms. In case of dispute as to the identity of any entrant, entry will be declared made by the authorized account holder of the e-mail address associated with the Instagram account used to enter or the e-mail address submitted via e-mail at time of entry. “Authorized Account Holder” is defined as the natural person who is assigned an e-mail address by an Internet access provider, online service provider, or other organization (e.g., business, educational, institution, etc.) responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. Any potential winner may be requested to provide Sponsor with proof that such winner is the authorized account holder of the e-mail address associated with the winning entry.  Any attempted form of entry other than as set forth above is prohibited; no automatic, programmed, robotic or similar means of entry are permitted. The Released Parties are not responsible for lost, late, unintelligible, misdirected, technically corrupted or garbled submissions, which will be disqualified, or for problems of any kind whether mechanical, human or electronic.  Only entries submitted by eligible persons and that conform to these Official Rules are eligible. The Released Parties are not responsible for technical, hardware, software, telephone or other communications malfunctions, errors or failures of any kind, lost or unavailable network connections, website, Internet, or ISP availability, unauthorized human intervention, traffic congestion, incomplete or inaccurate capture of entry information (regardless of cause) or failed, incomplete, garbled, jumbled or delayed computer transmissions which may limit one’s ability to enter the Sweepstakes, including any injury or damage to participant’s or any other person’s computer relating to or resulting from participating in this Sweepstakes or downloading any materials in this Sweepstakes.  Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify, extend or suspend this Sweepstakes should (in its sole discretion) virus, bugs, non-authorized human intervention, fraud or other causes beyond its control corrupt or affect the administration, security, fairness or proper conduct of the Sweepstakes. In such case, Sponsor may select the winners from all eligible entries received prior to and/or after (if appropriate) the action taken by Sponsor. Sponsor reserves the right, at its sole discretion, to disqualify any individual it finds, in its sole discretion, to be tampering with the entry process or the operation of the Sweepstakes or a website.  Sponsor may prohibit an entrant from participating in the Sweepstakes or winning a prize if, in its sole discretion, it determines that said entrant is attempting to undermine the legitimate operation of the Sweepstakes by cheating, hacking, deception, or other unfair playing practices (including the use of automated quick entry programs) or intending to annoy, abuse, threaten or harass any other entrants or Sponsor representatives.

CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.

10.  Limitation of Liability; Disclaimer of Warranties.  IN NO EVENT WILL THE RELEASED ENTITIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO AND USE OF INSTAGRAM AND/OR THE SWEEPSTAKES, DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM ANY WEBSITES ASSOCIATED WITH THE SWEEPSTAKES. IN NO EVENT SHALL THE RELEASED ENTITIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED $10. WITHOUT LIMITING THE FOREGOING, THIS SWEEPSTAKES AND ALL PRIZES ARE PROVIDED “AS IS”  WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.

11. Disputes; Governing Law.  The parties waive all rights to trial in any action or proceeding instituted in connection with these Official Rules, including without limitation the Sweepstakes. Any controversy or claim arising out of or relating to these Official Rules and/or the Sweepstakes shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in the State of New York, City of New York.

THESE OFFICIAL RULES AND THE INTERPRETATION OF ITS TERMS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW YORK WITHOUT REGARD TO ITS CONFLICTS OF LAWS RULES. For any matters which are not subject to arbitration as set forth in these Official Rules and/or in connection with the entering of any judgment on an arbitration award in connection with these Official Rules and/or the Sweepstakes, the parties irrevocably submit and consent to the exclusive jurisdiction and venue of the state and federal courts located in or closest to the County of New York in the State of New York.  The parties agree not to raise the defense of forum non conveniens.

12. Use of Data.  Sponsor will be collecting personal data about entrants online, in accordance with its privacy policy.  Please review the Sponsor’s privacy policy at http://www.intermixonline.com/category/customer+service/privacy+and+security.do;jsessionid=3911948D4B77031798F1E928284B484D.intermixonline-productionv596-b2c-i1 By participating in the Sweepstakes, entrants hereby agree to Sponsor’s collection and usage of their personal information and acknowledge that they have read and accepted Sponsor’s privacy policy.

13. List of Winners. To obtain a list of winners, send a self-addressed, stamped envelope byOctober 1, 2014 to: INTERMIX 100k Celebration Instagram Sweeps, 675 6th Ave., 4th floor, NYC, NY 10010.  

14. Sponsor.  Gap Inc. 2 Folsom Street, San Francisco, CA 94105 is the sponsor of this Sweepstakes. Instagram, LLC is not a sponsor of, nor is Instagram, LLC associated with, this Sweepstakes and has not endorsed, administered, authorized or otherwise sanctioned or agreed to this Sweepstakes and/or the use of Instagram’s name and/or service for the purposes set forth herein.