Junk Food Clothing Summer Giveaway
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT DOES NOT IMPROVE YOUR CHANCES OF WINNING. YOU MUST HAVE ACCESS TO THE INTERNET, AN INSTAGRAM ACCOUNT AND A VALID EMAIL ADDRESS AT ALL TIMES DURING THE PROMOTION TO PARTICIPATE. BY ENTERING THIS PROMOTION, YOU AGREE TO RESOLVE ANY ISSUE BY BINDING ARBITRATION AS SET FORTH IN SECTION 9.
PROMOTION MAY ONLY BE ENTERED IN OR FROM WITHIN THE 50 UNITED STATES AND THE DISTRICT OF COLUMBIA AND ENTRIES ORIGINATING FROM ANY OTHER JURISDICTION ARE NOT ELIGIBLE FOR ENTRY. THIS PROMOTION IS GOVERNED EXCLUSIVELY BY THE LAWS OF THE UNITED STATES. YOU ARE NOT AUTHORIZED TO PARTICIPATE IN THE PROMOTION IF YOU ARE NOT LOCATED WITHIN THE 50 UNITED STATES OR THE DISTRICT OF COLUMBIA.
During the Promotion Period, Junk Food Clothing will publish one (1) designated Instagram post (“Instagram Promotion Post”) on the Junk Food Clothing Instagram feed (“Junk Food Clothing Instagram Feed”) using the @junkfoodclothingco handle (“Junk Food Clothing Instagram Handle”) announcing the Promotion. To submit one (1) entry to the Promotion (“Entry” or “Entries”), Entrants must: (i) “Like” the Instagram Promotion Post and (ii) “Tag” one (1) friend in the comment section and; (iii) Follow @junkfoodclothing. A “Like” and one (1) “Tag” is one (1) entry.
No limit on number of entries. Entrants may enter multiple times, as long as he or she “tags” different friends in the comment section. Sponsor reserves the right, in its sole and absolute discretion, to disqualify any Entry that depicts illegal lewd, obscene, sexually explicit, disparaging, defamatory or libelous in any nature, or does not comply with these Official Rules.
All terms and conditions of Instagram.com apply, as applicable. Multiple entrants are not permitted to share the same Instagram Account. Use of any automated system to participate is prohibited and will result in disqualification. In the event of a dispute as to any Instagram account, the authorized account holder of the email address used to register on the platform will be deemed to be the entrant. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Each potential winner may be required to show proof of being the authorized account holder.
If an entrant chooses to enter the Promotion using his/her mobile device, messaging and/or data fees may apply. An entrant should consult his/her wireless service provider's pricing plan for details. Each entrant agrees to incur any and all charges demanded by his/her wireless carrier. Each entrant should also check his/her device's features for capabilities and check the device manual for specific use instructions.
By entering, each entrant warrants and represents the following with respect to entrant’s Entry: (a) entrant is the sole and exclusive owner of the Entry; and (b) the Entry will not infringe on any rights of any third parties.
By entering the Promotion, each entrant agrees that entrant’s Submission conforms to the Submission guidelines and content restrictions as defined below (collectively, the “Guidelines and Restrictions”) and that Sponsor, in its sole discretion, may remove any Submission and/or disqualify an entrant or a Submission from the Promotion if it believes, in its sole discretion, that the entrant’s Submission fails to conform to the following guidelines and restrictions.
Entries must NOT contain material which is (or promoting activities which are) sexually explicit, obscene, pornographic, violent, self-mutilating (e.g., relating to murder, the sales of weapons, cruelty, abuse, etc.), discriminatory (based on race, sex, religion, natural origin, physical disability, sexual orientation or age), illegal (e.g., underage drinking, substance abuse, computer hacking, etc.), offensive, threatening, profane, unsafe, dangerous, harassing, or endorse any form of hate or hate group; or material that contains any derogatory or defamatory references, misrepresentations or disparaging remarks about any person or entity, including but not limited to any Promotion Parties or Sponsor’s products (as determined in the sole and absolute discretion of Sponsor);
Entries must not contain or transmit any materials that contain software viruses or other computer code, files or programs designed to impair, limit, interfere with or cause harm to any communications network operated by any of the Promotion Parties or the computers of any individual or entity participating in or otherwise associated with the Promotion;
Entries must be entrant’s own original creation executed solely by entrant, must NOT include any copyrighted material, photo, media production, or image from films, music, books, television programming, etc., or contain any identifying description of any media property, must NOT have won any previous award or been submitted in any other competition, and must be a previously unpublished and previously un-produced work;
Entries must NOT include images of or reference to third-party intellectual property rights, including but not limited to, trademarks, trade names, logos, insignia, or location signage, photographs, artwork, or sculpture except for the Sponsor’s trademark used solely for the purpose of this Promotion only, nor the names and/or likenesses of other individuals without their written consent;
Entries cannot advertise or promote any third party brand or product of any kind or contain any personal identification, including, but not limited to: license plate numbers, personal names, e-mail addresses, phone numbers, or street addresses;
Entries cannot contain materials embodying the names or other indicia of, or identifying any person, living or dead (other than yourself), unless appropriate permission and releases have been obtained for your use of such material in your Submission;
Entries cannot communicate messages inconsistent with the messages, policies, and/or goodwill with which Sponsor wishes to associate, as determined in the sole and absolute discretion of Sponsor;
Instagram post cannot be in violation of any applicable federal, state, and/or local laws, rules, and regulations; and,
Sponsor’s decisions are final and binding in all matters relating to this Promotion, including, but not limited to, interpretation and application of these Official Rules. By entering the Promotion, entrants fully and unconditionally agree to be bound by these rules and the decisions of the judges, which will be final and binding in all matters relating to the Promotion.
Before being declared a prize winner, a potential prize winner may be required to sign and return, where legal, an Affidavit or Declaration of Eligibility, Liability/Publicity Release and/or rights transfer document and/or a prize claim document (collectively, “Prize Documents”) within 72 hours of receipt. A prize to a potential winner will be forfeited and may be awarded to another potential winner if any of the following events occur: (i) if such potential winner cannot be contacted within (3) calendar days of first notification attempt, (ii) if any prize or prize notification is returned as undeliverable, (iii) if any potential winner rejects his/her prize, or (iv) in the event of potential winner’s non-compliance with these Official Rules. Upon prize forfeiture, no compensation will be given to such potential winner. A potential winner may be required to furnish proof of identification and other proof of eligibility under these Official Rules.
One (1) $100.00 gift card for use at www.junkfoodclothing.com
The total Approximate Retail Value (“ARV”) of each of the three (3) Prizes to be awarded in this Promotion is one hundred dollars and zero cents ($100.00 USD). Prize winners will not receive the difference between actual and approximate retail value. Prizes are non-transferable. No substitutions or cash redemptions. In the case of unavailability of any prize(s) or part of a prize, Sponsor reserves the right, at its sole and absolute discretion, to substitute a prize(s) of equal or greater value.
By entering the Promotion, each entrant agrees: (i) to waive any rights to claim ambiguity with respect to these Official Rules and (ii) to release, defend, indemnify and hold harmless each of the Released Parties from any and all claims, lawsuits, judgments, causes of action, proceedings, demands, fines, penalties, liability, costs and expenses (including, without limitation, reasonable outside attorneys’ fees) that may arise in connection with: (a) the Promotion, including, but not limited to, any Promotion-related activity or element thereof, and the entrant’s entries, participation or inability to participate in the Promotion; (b) the violation of or any claims based on publicity rights, defamation, invasion of privacy, copyright infringement, trademark infringement or any other privacy, personal, publicity or proprietary rights; (c) typographical or printing errors in these Official Rules or any Promotion materials; (d) acceptance, attendance at, receipt, travel related to, participation in, delivery of, possession, defects in, use, nonuse, misuse, inability to use, loss, damage, destruction, negligence or willful misconduct in connection with the use of a prize (or any component thereof); (e) any change in the prizing (or any components thereof) due to unavailability or due to reasons beyond Sponsor’s control, including, but not limited to, by reason of any acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not such action(s), regulation(s), order(s) or request(s) prove(s) to be invalid), equipment failure, threatened or actual terrorist acts, earthquake, war, fire, flood, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slowdown, civil disturbance, insurrection, riot or any other cause beyond any of the Released Parties’ control, or as otherwise permitted in these Official Rules; (f) any interruptions in or postponement, cancellation or modification of the Promotion; (g) human error; (h) incorrect or inaccurate transcription, receipt or transmission of any part of any entry (including, without limitation, the registration information or any parts thereof); (i) any technical malfunctions or unavailability of any telephone network, computer system, computer online system, mobile device, computer timing and/or dating mechanism, computer equipment, software, Internet service provider, or mail service utilized by any of the Released Parties or by an entrant; (j) interruption of or inability to access the Promotion, any Promotion-related website(s) or any online service via the Internet due to hardware or software compatibility problems; (k) any damage to entrant’s (or any third person’s) equipment used to access the Promotion and/or its contents related to or resulting from any part of the Promotion; (l) any lost/delayed data transmissions, omissions, interruptions, defects, and/or any other errors or malfunctions; (m) any late, lost, stolen, mutilated, misdirected, delayed, garbled, corrupted, destroyed, incomplete, undeliverable or damaged entries; (n) any wrongful, negligent or unauthorized act or omission on the part of any of the Released Parties; (o) lost, late, stolen, misdirected, damaged or destroyed prizing (or any element thereof); (p) the negligence or willful misconduct by entrant or (q) any breach or alleged breach of any of the warranties, representations or agreements of entrant hereunder.
IN NO EVENT WILL THE RELEASED PARTIES 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 ANY WEB SITES ASSOCIATED WITH THE PROMOTION. WITHOUT LIMITING THE FOREGOING, EVERYTHING REGARDING THIS PROMOTION, INCLUDING THE PRIZE COMPONENTS, IS 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 EXCLUSIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSIONS OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. CHECK LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
To the fullest extent permissible by law, with the exception of disputes pertaining to the Sponsor’s intellectual property rights and certain statutory claims that, pursuant to law, are not arbitrable, any dispute of any kind between you and the Sponsor arising and/or resulting from these Official Rules shall be resolved through binding arbitration pursuant to the JAMS Streamlined Arbitration Rules and Procedures on an individual basis with no class relief. The arbitrator shall be a retired judge or justice of any California state or federal court with substantial experience in the internet industry and shall follow California substantive law in adjudicating the dispute, except that this Section 9 shall be construed as a “written agreement to arbitrate” pursuant to the Federal Arbitration Act (“FAA”). You and we agree that we intend that this Section 10 satisfies the “writing” requirement of the FAA. The hearing shall be conducted in the county that encompasses the address and/or zip code you have provided to the Sponsor. For any claim in which you seek U.S. $10,000.00 or less, you shall have the choice as to whether the hearing is conducted in person, by telephone, or instead the arbitrator may decide the dispute without a hearing. For those claims that the arbitrator determines are not frivolous, the Sponsor shall pay the costs and fees of JAMS and the arbitrator. The Sponsor agrees that it will not seek reimbursement from you for its costs and fees incurred by it in the arbitration. AGREEMENT TO THESE TERMS CONSTITUTES AN AGREEMENT TO PURSUE YOUR CLAIM ON AN INDIVIDUAL BASIS AND A WAIVER OF THE ABILITY TO PURSUE YOUR CLAIM IN A CLASS ACTION.
© 2023 Hybrid Apparel. All rights reserved.
Instagram, Inc. and Meta are not sponsors of this Promotion and have not authorized or otherwise sanctioned or agreed to this Promotion and/or the use of Instagram name and/or service for the purposes set forth herein. Any questions, comments or complaints regarding the Promotion should be directed to Sponsor, not Instagram or Meta. You are providing your information to Sponsor and not to Instagram, Inc. or Meta.