BE ORIGINAL AMERICAS INSTAGRAM GIVEAWAY
OFFICIAL SWEEPSTAKES RULES
NO PURCHASE IS NECESSARY TO ENTER OR WIN. VOID WHERE PROHIBITED BY LAW. ENTRY INTO THIS SWEEPSTAKES CONSTITUTES YOUR ACCEPTANCE OF THESE OFFICIAL RULES (“Rules”).
1. Sponsorship Eligibility: This sweepstakes (“Sweepstakes”) is sponsored by Be Original Americas, Inc. (the “Sponsor”). There is no purchase necessary to enter or win. This Sweepstakes is open to legal residents of the United States who are eighteen (18) years or older and who have valid Instagram accounts as of the date of entry; however, this Sweepstakes is void in Rhode Island and where otherwise prohibited or restricted by law.
Employees of the Sponsor, its affiliates, licensees, advertising agencies, promotion agencies, and suppliers, (collectively the “Employees”), and their immediate family members (spouse, mother, father, sister, brother, daughter or son, regardless of where they live) and/or those living in the same household of Employees (whether related or not) are not eligible to participate in the Sweepstakes.
2. Agreement to Rules: By entering the Sweepstakes, you (“You” or “Participant”) represent and warrant that you meet the eligibility requirements set forth in Paragraph 1 of these Rules, and you agree to be fully and unconditionally bound by these Rules and the decisions of Sponsor which shall be final. All applicable federal, state, and local laws, rules and regulations apply.
3. Promotional Period. There will be one (1) promotional period.
- For the first promotional period, Sweepstakes entries will be accepted online starting on August 10, 2018 at 5 PM EST and ending on August 22, 2018 at 5 PM EST (“First Promotional Period”). All online entries for the First Promotional Period must be received by August 22, 2018 at 5 PM EST. After the end of the First Promotional Period, there will be a Prize drawing (“First Promotional Period Prize”).
Mail in entries postmarked from [date] through [date] will be entered either in the First Promotional Period (if received in time for that drawing) in accordance with entry procedures, as stated below.
4. How to Enter: There are two ways to enter the Sweepstakes: The Instagram Method and the Mail-In Method.
(a) Entry by Instagram. To enter the Sweepstakes by Instagram, (1) follow @beoriginalusa on Instagram; (2) once you have followed @beoriginalusa, “like” the @beoriginalusa Sweepstakes post for the First Promotional Period by double tapping the photo or tap the heart image below the applicable Instagram post; (3) comment on the post; and (4) if you are entering the Sweepstakes during the First Promotional Period, do not “unlike” the post or remove your comment until after the end of the first promotional period. You may enter only one (1) time for the First Promotional Period.
(b) Entry by Mail: To enter by mail, on a 3” by 5” card, in ink, hand print your full name, complete home address including zip code, home telephone number with area code, valid email address, date of birth, and mail in a first-class stamped envelope to Sponsor at Be Original Americas c/o bde, 665 Broadway, #704 New York, NY 10012. Limit  mail-in card per person per promotional period.
Whether you enter by Instagram or by Mail, you must fulfill all Sweepstakes requirements, as specified, to be eligible to win a Prize. Entries that are incomplete or do not adhere to the Rules or specifications may be disqualified at Sponsor’s sole discretion.
You may not enter more times than indicated by using multiple email addresses, identities, or devices in an attempt to circumvent the Rules. If you use fraudulent methods or otherwise attempt to circumvent the Rules, your submission may be removed from eligibility at the sole discretion of Sponsor.
5. Prizes: Each Prize winner (each a “Winner”) will receive one (1) original design t-shirt valued at $50 (a “Prize”). Ten (10) Prizes will be awarded to Winners in the First Promotional Period.
Actual/appraised value of the Prize may differ at time of Prize award. The specifics of the Prize shall be solely determined by Sponsor. The Prize is nontransferable. Any and all Prize-related expenses, including without limitation any and all federal, state, and/or local taxes, shall be the sole responsibility of the applicable Winner. Winners may not substitute or transfer Prizes. Sponsor reserves the right to substitute a prize of equal or greater value in the event a Prize is unavailable. Prizes are not redeemable for cash. All taxes on Prize are the applicable Winner’s responsibility. Limit: one Prize per household. Any unclaimed Prizes shall remain property of Sponsor.
6. Permissions: Except where prohibited by law, entry constitutes permission for Sponsor and Sponsor’s and/or Sponsor’s officers, employees, representatives, agents, licensees, successors and assigns to print, publish, broadcast and use worldwide in any media now known or hereafter developed, including but not limited to the internet and the world wide web, each Winner’s name, hometown, likeness, biographical information as news or information and/or for any advertising and publicity without additional compensation, notice or consent. Winners may also be required to sign and return a release of liability, declaration of eligibility, and where lawful, a publicity consent agreement as conditions of receiving a Prize. Failure to comply with the aforementioned conditions shall be grounds for forfeiture of a Prize.
7. Odds: The odds of winning depend on the number of eligible entries received.
8. Winner Selection and Notification: Winner will be selected by a random drawing from all eligible entries received for that drawing under the supervision of Sponsor. Winner will be notified by direct message on Instagram within five (5) days following selection of Winner, or if the Winner entered by mail, by the email address posted on the mail-in entry. Winner must monitor Winner’s Instagram account (or if applicable, Winner’s email) for prize notifications and other Sweepstakes related communications. If Winner cannot be contacted, is ineligible, fails to claim the Prize within five (5) days from the time award notification was sent, or fails to timely return a completed and executed release of liability and other requested documentation, the Prize may be forfeited and an alternate Winner selected. Receipt by Winner of any Prize offered in this Sweepstakes is conditioned upon Winner’s compliance with any and all federal, state, and local laws and regulations.
9. Violation of Sweepstakes Rules: Sponsor reserves the right to disqualify any Participant or Winner who, in its sole suspicion, tampers with the entry process or operation of the Sweepstakes, intentionally submits more than a single entry per promotional period, violates these Rules, violates the terms of service of Instagram or any other Instagram rules, or acts in an unsportsmanlike or disruptive manner, or with the intent to annoy, abuse, threaten or harass any other person. Any attempt by any Participant to deliberately damage any website or undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil laws. Should such attempt be made, Sponsor reserves the right to seek damages to the fullest extent permitted by law.
10. RELEASE AND HOLD HARMLESS: BY ENTERING THE SWEEPSTAKES AND/OR BY ACCEPTING A PRIZE, YOU, TO THE FULLEST EXTENT PERMITTED BY LAW, AGREE TO RELEASE AND HOLD HARMLESS SPONSOR, INSTAGRAM AND THEIR RESPECTIVE LICENSEES, PARENTS, AFFILIATES, SUBSIDIARIES, ADVERTISING AND PROMOTIONAL AGENCIES (“RELEASED PARTIES”) AND THE RELEASED PARTIES’ RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, AND AGENTS FROM ANY AND ALL LIABILITY FOR ANY INJURIES, LOSS OR DAMAGE OF ANY KIND TO ANY PERSON, INCLUDING DEATH, AND PROPERTY, ARISING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM ACCEPTANCE, POSSESSION, USE OR MISUSE OF A PRIZE, PARTICIPATION IN ANY SWEEPSTAKES RELATED ACTIVITY, OR PARTICIPATION IN THIS SWEEPSTAKES.
LIMITATION OF LIABILITY: TO THE FULLEST EXTENT PERMITTED BY LAW, SPONSOR ASSUMES NO RESPONSIBILITY FOR AND SHALL NOT BE LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO (I) LATE, LOST, DELAYED, DAMAGED, MISDIRECTED, STOLEN, INCOMPLETE, ILLEGIBLE OR UNINTELLIGIBLE ENTRIES; (II) TELEPHONE, ELECTRONIC, HARDWARE OR SOFTWARE PROGRAM, NETWORK, INTERNET OR COMPUTER MALFUNCTIONS, FAILURES, OR DIFFICULTIES; (III) ERRORS IN TRANSMISSION; (IV) ANY CONDITION CAUSED BY EVENTS BEYOND THE CONTROL OF SPONSOR THAT MAY CAUSE THE SWEEPSTAKES TO BE DISRUPTED OR CORRUPTED; (V) ANY INJURIES, LOSES, OR DAMAGES OF ANY KIND CAUSED BY A PRIZE OR RESULTING FROM ACCEPTANCE, POSSESSION OR USE OF A PRIZE, OR FROM PARTICIPATION IN THE SWEEPSTAKES; (VI) ANY PRINTING OR TYPOGRAPHICAL ERRORS IN ANY MATERIALS ASSOCIATED WITH THE SWEEPSTAKES; AND/OR (VII) ELECTRONIC OR HUMAN ERROR IN THE ADMINISTRATION OF THE SWEEPSTAKES OR THE PROCESSING OF ENTRIES.
SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS
11. NO WARRANTIES: SPONSOR AND RELEASED PARTIES DO NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, AS TO THE CONDITION, FITNESS OR MERCHANTABILITY OF THE PRIZE AND DISCLAIM ANY LIABILITY FOR DAMAGE TO ANY COMPUTER SUSTEM RESULTING FROM ACCESS TO OR THE DOWNLOAD OF INFORMATION OR MATERIALS CONNECTED WITH THIS SWEEPSTAKES.
12. Disputes: As a condition of participating in this Sweepstakes, you agree that any and all disputes that cannot be resolved between the parties, and causes of action arising out of or connected with this Sweepstakes, shall be resolved individually, without resort to any form of class action, exclusively before a court located in the county of New York, State of New York having competent jurisdiction, which court shall apply the laws of the State of New York without regard for principles of conflicts of law. Further, in any such dispute, under no circumstances shall participant be permitted to obtain awards for, and hereby waives all rights to, punitive, incidental, or consequential damages, or any other damages, including reasonable attorney’s fees, other than participant’s actual out-of-pocket expenses (i.e. costs directly associated with entering this Sweepstakes). Participant further waives all rights to have damages multiplied or increased.
14. Winners List: To obtain a copy of each Winner’s name or a copy of these Rules, mail your request along with a stamped, self-addressed envelope to: Be Original Americas c/o bde, 665 Broadway, #704 New York, NY 10012. Requests must be received no later than August 31, 2018 at 5 PM EST. In addition, any additional inquiries or questions regarding this Sweepstakes may be sent by e-mail to email@example.com or by regular mail at the address set forth above.
15. Instagram: The Sweepstakes is sponsored by Be Original Americas, a 501(c)(6) entity organized and existing under the laws of the State of New York; and this Sweepstakes is in no way sponsored, endorsed, administered by, or associated with Instagram or Facebook.