Junk Food Clothing x Summer Kickoff Instagram 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.

1. ELIGIBILITY REQUIREMENTS: The Junk Food Clothing x Summer Kickoff Instagram Giveaway (the "Promotion") is open to legal residents of the fifty (50) United States and the District of Columbia who are 18 years of age (or the age of majority in their state of residence, whichever is older) and located in the 50 United States or District of Columbia at the time of entry. Void outside the U.S. and the District of Columbia, in Puerto Rico, all U.S. territories, possessions and overseas military installations and wherever prohibited by law. Hybrid Promotions, LLC dba Junk Food Clothing Company and its Affiliates (collectively, “Junk Food Clothing” or “Sponsor”), its parent, its subsidiaries and affiliated companies, its web design, advertising, fulfillment agencies involved in the administration, development, fulfillment, execution of this Promotion, and each of their respective officers, directors, shareholders, members, managers, agents, distributors, employees, attorneys, dealers, representatives, subsidiaries and affiliates, and successors and assigns (collectively, "Promotion Parties"), and the immediate family members of each (spouse, parent, child, sibling, grandparent, and spouse or "step" of each) and those living in the same households of each (those persons whether related or not who live in the same residence for at least three months during the twelve-month period preceding the start date of the Promotion), are not eligible to participate.  Void where prohibited or restricted by law. By participating in this Promotion, an individual who enters the Promotion (individually, “Entrant” and collectively, “Entrants”) agrees to be bound by these Official Rules and Sponsor’s Privacy Policy (available at https://www.junkfoodclothing.com/pages/privacy-policy), and agrees that the decisions of Sponsor shall be final and binding in all matters pertaining to the Promotion.

2. PROMOTION ENTRY PERIOD: Promotion begins at 9:00:00 a.m. Pacific Daylight Time (“PDT”) on June 21, 2023 and runs through 9:00:00 p.m. PDT on June 23, 2023 (the “Promotion Period”).  Sponsor's time clock is the official clock for this Promotion.

3. HOW TO ENTER: During the Promotion Period, entrants can visit http://www.Instagram.com (“Instagram”) and log onto his or her valid public Instagram account. If Entrant does not have an Instagram account, they can follow the directions to create a free account by visiting Instagram or you may download the Instagram app by visiting your mobile phone app store and follow the instructions to join Instagram. When joining Instagram, Entrant indicates that they have read and agree to accept the Instagram Terms of Service and Privacy Policy. Membership on Instagram is free. Please note that Sponsor may not receive entries from Instagram users with “protected” or “private” updates, so Instagram account should be set to “public.” To the extent of any conflict between these Official Rules and the Instagram Terms of Service, these Official Rules will apply.  

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.

4. POSTING CONTENT RESTRICTIONS:

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,

Instagram post must comply with Instagram.com’s Terms of Use available at https://help.instagram.com/478745558852511

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.

5. SELECTION OF WINNERS: One (1) winner will be randomly selected from all eligible entries received during the Promotion Period. Odds of winning depend on the total number of eligible entries received during the Promotion Period.  The winner of the Promotion will be announced on or after 12:00:00 p.m. PDT on June 23, 2023 [AB1] on Instagram via the @junkfoodclothingco Instagram handle. Winner must claim their prize by sending a direct message to the @junkfoodclothingco Instagram handle. A winner is considered a potential winner pending verification of eligibility and compliance with these Official Rules. All decisions of Sponsor are final. A Form 1099 may be issued to the winner, the Internal Revenue Service and state taxing authorities as required by law. Each winner is responsible for all applicable taxes and other related expenses associated with the Prize.

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.

6. PRIZES AND APPROXIMATE RETAIL VALUES ("ARV"): Three (3) Winners will receive:

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.

GENERAL CONDITIONS: No cash equivalent or substitution of any prize is offered, except at the sole and absolute discretion of Sponsor. Prize(s) are non-transferable, non-refundable and have no cash value. Limit of one (1) prize per person and per household. Federal, state and local taxes and any expenses related to accepting and/or using the prize are solely the responsibility of each winner. Prizes will only be shipped to an address in the U.S.  Each winner bears all risk of loss or damage to a prize after placed by Sponsor with third party common carrier for shipment to winner. By participating in this Promotion, entrants agree to these Official Rules and Sponsor’s Privacy Policy (available at https://www.junkfoodclothing.com/pages/privacy-policy) which are final and binding in all respects. Unclaimed prizes will not be awarded. If a prize, or any portion thereof, cannot be awarded for any reason, Sponsor reserves the right, at its sole and absolute discretion, to substitute prize with another prize of equal or greater value. If for any reason the Promotion is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Promotion, Sponsor reserves the right, at its sole and absolute discretion, to disqualify any individual who is responsible or who tampers with the entry process, and to cancel, modify or terminate the Promotion. CAUTION AND WARNING: ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. In such case, Sponsor may select the winner from all eligible entries received prior to and/or after (if appropriate) the action taken by Sponsor.  This Promotion is offered only in the United States and is governed by the laws of the state of California.

LIMITATION OF LIABILITY:  By participating in this Promotion, entrants agree that the Promotion Parties, Instagram, Inc., and their respective parent, affiliates, subsidiaries, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment and marketing agencies, website providers, Web masters and their respective officers, directors, employees, representatives, designees and agents (collectively, “Released Parties”) are not responsible for lost, late, incomplete, stolen, misdirected, postage due or undeliverable email notifications, direct messages, or postal mail; or for any computer, telephone, satellite, cable, network, electronic or Internet hardware or software malfunctions, failures, connections or availability; or garbled, corrupt or jumbled transmissions, service provider/Internet accessibility, availability or traffic congestion; or any technical, mechanical, programming, printing, or typographical or other error; or unauthorized human intervention; or the incorrect or inaccurate capture of registration information; or the failure to capture, or loss of, any such information. Released Parties are not responsible for any incorrect or inaccurate information, whether caused by any web users, tampering, hacking or by any of the equipment or programming associated with or utilized in the Promotion and assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, technical error, theft or destruction, or unauthorized access to any Promotion-related website(s). Released Parties are not responsible for any injury or damage, whether personal or property, to participants or to any person’s computer related to or resulting from participating in the Promotion and/or accepting a prize. Released Parties shall not be responsible or liable for entries that are entered by any automated computer, program, mechanism or device, for any entries in excess of the stated limit or for entries that are late, forged, lost, misplaced, misdirected, tampered with, incomplete, deleted, damaged, garbled or otherwise not in compliance with the Official Rules, and all such entries may, at Sponsor’s sole discretion, be disqualified.

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.

DISPUTES; GOVERNING LAW. We believe that arbitration is a preferable manner to resolve any disputes or disagreements that you may have related to this Sweepstakes or your interactions with the Sponsor.  Therefore, pursuant to these Official Rules, if you have any dispute or disagreement with the Sponsor regarding or related to the Promotion, a prize, or other aspect of your interaction with the Sponsor or the website or service where this Promotion appears, including any data or information you may provide to the Sponsor or that the Sponsor may gather in connection with such use, interaction or transaction (collectively, “Sponsor Transactions or Relationships”), you will not have the right to pursue a claim in court, or have a jury decide the claim and you will not have the right to bring or participate in any class action or similar proceeding in court or in arbitration.  By entering the Promotion or engaging in any other Sponsor Transactions or Relationships, you agree to binding arbitration as provided below.

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.

Use of Data. Sponsor may be collecting personal data about entrants online, in accordance with its privacy policy. Please review Sponsor’s privacy policy https://www.junkfoodclothing.com/pages/privacy-policy. By participating in the Promotion, 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.

Official Rules/Winner’s List Request: To obtain a copy of these Official Rules or for notification of the winner, please request by sending a Direct Message to the @junkfoodclothingco Instagram handle.

Sponsor: Hybrid Promotions, LLC dba Junk Food Clothing Company, 10700 Valley View St., Cypress, CA 90630

© 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.

 [AB1]Is this enough time to randomly choose winner?