Junk Food Clothing x SoulCycle Summer of Live Music Sweepstakes

  • NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND 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 AND ENTRANTS WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION FORMAT.
  • THIS PROMOTION IS IN NO WAY SPONSORED, ENDORSED, ADMINISTERED BY, OR ASSOCIATED WITH INSTAGRAM.

 

PROMOTION MAY ONLY BE ENTERED IN OR FROM WITHIN THE FIFTY (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 FIFTY (50) UNITED STATES OR THE DISTRICT OF COLUMBIA.

 

1. ELIGIBILITY REQUIREMENTS: The Junk Food Clothing x SoulCycle Summer of Live Music Sweepstakes (the "Promotion") is open only to individuals who are legal residents of the fifty (50) United States (including the District of Columbia) and who are at least the age of majority in their state/jurisdiction of residence (which is eighteen (18) in most states but is nineteen (19) in Alabama and Nebraska and twenty-one (21) in Mississippi), and located in the fifty (50) United States or District of Columbia at the date/time of entry. Void 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”), SoulCycle, and each of respective their parent companies, subsidiaries and affiliated companies, web design, advertising, and 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 with Sponsor and SoulCycle, “Promotion Parties”), and the immediate family members of each (i.e., spouse, parent, child, sibling, grandparent, and spouse or “step” of each) and those living in the same households of each (i.e., those persons whether legally related or not who live in the same residence for at least three (3) months during the twelve (12)-month period preceding the start date of the Promotion), are not eligible to participate or win a prize in this Promotion. Void where prohibited 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 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 Time (“PT”) on April 12, 2024 and ends at 11:59:59 pm PT on April 14, 2024 (the “Promotion Period”). Sponsor's designated time clock is the official timekeeper for this Promotion.

3. HOW TO ENTER: During the Promotion Period, Entrants can enter via the Instagram mobile application or 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.com 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 receive one (1) entry to the Promotion (“Entry” or “Entries”), Entrants must: (i) “Like” the Instagram Promotion Post;(ii) follow @junkfoodclothingco and @soulcycle; and (iii) “Tag” two (2) friends in the comment section of the Promotion Post. Sponsor may not receive entries that fail to strictly follow the posting instructions set forth in these Official Rules and Sponsor is not responsible for failure to see or receive an Entry.

Maximum one (1) entry per Entrant, even if multiple comments are posted. 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. Subsequent attempts made by the same individual to submit multiple Entries by using multiple or false contact information, accounts or otherwise may result in the Entrant being disqualified. Entries generated by a script, computer programs, macro, programmed, robotic or other automated means are void and may be disqualified. Entries that are in excess of the stated limits, incomplete, illegible, corrupted, damaged, destroyed, forged, false, lost, late or misdirected, deceptive or otherwise not in compliance with the Official Rules may be disqualified from the Promotion at Sponsor’s sole and absolute discretion. Entries submitted by Entrants who do not meet the eligibility requirements (including all requirements with respect to age and residence) are void. In the event of a dispute over the identity of an online Entrant, Entry will be deemed submitted by the registered account holder of the email address associated with the social media account for the domain associated with the submitted address provided that person is eligible. 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. In the event a dispute regarding the identity of the individual who actually submitted an Entry cannot be resolved to Sponsor’s satisfaction, the affected Entry will be deemed ineligible. Those who do not follow all of the instructions, provide the required information in their Entry, or abide by these Official Rules or other instructions of Sponsor may be disqualified. All Entrants submitting materials/content as part of the Promotion will be non-exclusively licensing (with the unlimited right to sublicense) to Promotion Parties the right to use such materials, and the images related thereto (including Entrant’s name, social media account username and likeness), for any purpose (including any and all commercial purposes) with the right to modify the materials and make derivative works thereof. The Promotion Parties may run multiple campaigns, contests, sweepstakes or other promotions simultaneously. Entry into one (1) campaign, contest or sweepstakes does not constitute entry into any other. 

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 Entry conforms to the content posting guidelines and restrictions as outlined below (collectively, the “Guidelines and Restrictions”) and that Sponsor, in its sole discretion, may remove any Entry and/or disqualify an Entrant or an Entry from the Promotion if it believes, in its sole discretion, that the Entrant’s Entry 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 Entry;
  • 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’s Terms of Use available at https://help.instagram.com/478745558852511.

5. SELECTION OF WINNERS/ODDS: One (1) winner will be selected in a random drawing on or about April 16, 2024 from all eligible Entries received during the Promotion Period. Sponsor will have complete discretion over interpretation of the Official Rules, of administration of the Promotion, and of selection of the winner. Decisions of the Sponsor as to the selection of the winner will be final. Odds of winning depend on the total number of Entries received during the Promotion Period. The winner of the Promotion will be announced on or after 11:00:00 a.m. PT on April 16, 2024 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. The Promotion Parties are not responsible for electronic communications that are undeliverable as a result of any form of active or passive filtering of any kind, or insufficient space in Entrant’s email account to receive email messages.

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 seventy-two (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. If any potential prize winner fails or refuses to sign and return such Prize Documents within the time period required by Sponsor or if the prize or prize notification is returned as rejected, faulty, unclaimed or returned as undeliverable to such potential prize winner, such potential prize winner may be disqualified and an alternate may be selected. Non-compliance shall result in disqualification and award of the prize(s) to an alternate winner. If any potential prize winner is found to be ineligible, or if he or she has not complied with these Official Rules, or if the potential prize winner cannot attend or participate in any portion of the prize, or declines a prize for any reason prior to award, such potential winner may be disqualified and an alternate potential winner may be selected. 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. If, for any reason, more bona fide winners come forward seeking to claim prizes in excess of the number of each type of prize set forth in these Official Rules, the winners, or remaining winners, as the case may be, of the advertised number of prizes available may be selected in a random drawing from among all persons making purportedly valid claims for such prize(s). Inclusion in such drawing shall be each Entrant’s sole and exclusive remedy under such circumstances.

6. PRIZES AND APPROXIMATE RETAIL VALUES (“ARV”): One (1) winner will receive the following prize package:

PRIZE

ARV

One (1) Exclusive Junk Food Clothing x Soul Cycle Studio Tour Tee One (1)

SoulCycle 5-Class Pack

One (1) $100 Junk Food Clothing Gift Card

One (1) $100 Live Nation Gift Card

$65.00

$185.00

$100.00

$100.00

 

The total approximate retail value (“ARV”) of all of the prizes to be awarded in this Promotion is four hundred and fifty dollars and zero cents ($450.00 USD). The Promotion Parties are not responsible for and winner will not receive the difference, in any, between the actual value of the prize(s) at the time of award and the stated ARV in these Official Rules or in any Promotion-related correspondence or material. Prize(s) are non-transferable, with no cash redemptions, equivalents or substitutions except at Sponsor’s sole and absolute discretion. All prize details not specified in these Official Rules will be determined in Sponsor’s sole and absolute discretion. Prize details and availability are subject to change and prize provider’s rules and restrictions, and in the event that Sponsor is unable to provide the winner with his or her prize(s), the Sponsor may elect to provide winners with the approximate value of such item in cash or award an alternate prize of comparable or greater value. All prize(s) are awarded “AS IS” and without warranty of any kind, express or implied (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose). Prize winner will be solely responsible for all federal, state and/or local taxes, and for any other fees or costs associated with the prize(s) they receive, regardless of whether they, in whole or in part, are used. The ARV of the prize(s) is based on available information provided to Sponsor and the value of any prize awarded to a winner may be reported for tax purposes as required by law. The winner may be required to provide Sponsor with a valid social security number before the prize(s) will be awarded for tax reporting purposes. An IRS Form 1099 may be issued in the name of winner(s), or if a minor in the jurisdiction in which s/he resides, in the name of his/her/their parent or legal guardian, for the actual value of the prize(s) received. Unclaimed prize(s) will be forfeited. Prize(s), if legitimately claimed, will be awarded. The Promotion Parties are not responsible for and will not replace any lost, mutilated or stolen prize(s) or any prize that is undeliverable or does not reach the winner because of an incorrect or changed address. If a winner does not accept or use the entire prize, the unaccepted or unused part of the prize will be forfeited and the Promotion Parties will have no further obligation with respect to that prize or portion of the prize. No more than the stated prize(s) will be awarded.

Junk Food Gift Card may be redeemed to purchase apparel and accessories on https://www.junkfoodclothing.com/. For complete terms and conditions for Live Nation Gift Card see https://help.livenation.com/hc/en-us/articles/9901809418001-Gift-Card-Terms-of-Use.

7. GENERAL CONDITIONS: The Promotion Parties are not responsible for the actions of Entrants in connection with the Promotion, including Entrants’ attempts to circumvent the Official Rules or otherwise interfere with the administration, security, fairness, integrity or proper conduct of the Promotion. Persons found tampering with or abusing any aspect of this Promotion, or whom Sponsor believes to be causing malfunction, error, disruption or damage may be disqualified. Additionally, any attempt to cheat the Promotion, as determined at the sole and absolute discretion of Sponsor, may result in immediate disqualification of the Entrant, as well as other possible consequences, including disqualification from any and all existing and future Promotion. 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 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. Sponsor reserves the right, at its sole and absolute discretion, to disqualify (or terminate the prize of) any individual who is found to be, or suspected of, acting in violation of these Official Rules, or to be acting in an unsportsmanlike, obscene, immoral or disruptive manner, or with the intent to annoy, abuse, threaten or harass any other person. In the event Sponsor is prevented from continuing with the Promotion by any event beyond its control, including, but not limited to, fire, flood, epidemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, communications or equipment failure, utility or service interruptions, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared), interference with the Promotion by any party, or any federal, state, local or provincial government law, order, or regulation, order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control (each, a “Force Majeure” event or occurrence), Sponsor shall have the right to modify, suspend or terminate the Promotion or prize.

 

8. 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.

9. GOVERNING LAW; DISPUTES: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of Entrants, Sponsor or the Released Parties in connection with the Promotion will be governed by and construed in accordance with the internal laws of the State of California, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other laws. We believe that arbitration is a preferable manner to resolve any disputes or disagreements that you may have related to this Promotion 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 9 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.

10. Use of Data: As a condition of entering the Promotion, each Entrant gives consent for Sponsor to obtain and deliver his or her name, address and other information to third parties for the purpose of administering this Promotion and to comply with applicable laws, regulations and rules. Any information Entrant provides to Sponsor may be used to communicate with Entrant in relation to this Promotion or on a Promotion winner’s list. Sponsor may be collecting personal data about Entrants online, in accordance with its privacy policy. Please review Sponsor’s privacy policy, available at https://www.junkfoodclothing.com/pages/privacy-policy. By participating in the Promotion, Entrants hereby consent to Sponsor’s collection and usage of their personal information and acknowledge that they have read and accepted Sponsor’s privacy policy.

11. Official Rules/Winner’s List Request: To obtain a copy of these Official Rules or for the name of the winner, prior to July 31, 2024, please request by sending a direct message to the @junkfoodclothingco Instagram handle.

12. Sponsor: Hybrid Promotions, LLC, dba Junk Food Clothing Company, 10700 Valley View St., Cypress, CA 90630. Reference to third parties in connection with prizes and/or third party websites or services are for reference and identification purposes only and not intended to suggest endorsement, sponsorship or affiliation with Sponsor or the Promotion.

13. Miscellaneous: The invalidity or unenforceability of any provision of these Official Rules or the Prize Documents will not affect the validity or enforceability of any other provision. In the event that any provision of the Official Rules or the Prize Document is determined to be invalid or otherwise unenforceable or illegal, the other provisions will remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. Sponsor’s failure to enforce any term of these Official Rules will not constitute a waiver of that provision. Entrants agree to waive any rights to claim ambiguity of these Official Rules. Headings are solely for convenience of reference and will not be deemed to affect in any manner the meaning or intent of the documents or any provision hereof. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Promotion-related materials, privacy policy or terms of use on any website, social media platform or application and/or the terms and conditions of the Official Rules, the Official Rules shall prevail, govern and control and the discrepancy will be resolved in Sponsor’s sole and absolute discretion.

© 2024 Hybrid Apparel. All rights reserved.

Instagram 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 or Meta.