Instagram Contest Terms & Conditions
Official Rules For Win a $50 Gift Card Giveaway Sweepstakes on Instagram
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. ODDS OF WINNING WILL DEPEND ON THE TOTAL NUMBER OF ENTRIES RECEIVED FOR THE APPLICABLE SWEEPSTAKES. VOID WHERE PROHIBITED BY LAW. ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION AND ENTRANTS WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION FORMAT.
By participating in the Win a $50 Gift Card Giveaway Sweepstakes between 10/22/2018 and 11/29/2018 (the "Sweepstakes") promoted by @sugarspiceapparel (the "Official Instagram Account"), you agree to these Official Rules, which are a contract, so read them carefully before participating. This sweepstakes is created and sponsored by Sugar & Spice Apparel, sugarandspiceapparel.com (the “Sponsor”). Without limitation, this contract includes indemnities to the Released Parties (defined below) from you and a limitation of your rights and remedies. The details and requirements for entry or participation in any Sweepstakes shall be provided by the Official Instagram Account from time to time, in the discretion of Sugar & Spice Apparel ("Sponsor"). You must follow the directions provided by the Official Instagram Account and otherwise be bound by and follow these Official Rules to be eligible to receive a prize in connection with any Sweepstakes.
1. ELIGIBILITY: The Sweepstakes is open only to individuals who (a) are legal residents of the United States or the District of Columbia, and (b) as of the date of the individual’s first Entry, are eighteen (18) years of age or older, or aged 13-18 with parent or legal guardian permission. Sponsor in its discretion may require a person who submits an Entry ("Participant") to provide verification of eligibility. The following individuals are not eligible to enter or win The Sweepstakes: current or former (within the immediately preceding 12 months) employees, officers, directors, and contractors of Sugar & Spice Apparel, and anyone involved in the administration of The Sweepstakes, and any member of the immediate family (i.e., a parent, sibling, child or grandchild) or household of any of the foregoing individuals.
Odds of winning will depend on the total number of entries received for the applicable sweepstakes. Void where prohibited by law.The Sweepstakes is subject to all applicable federal, provincial, state, territory and local laws, rules and regulations.
2. HOW TO ENTER: The Sweepstakes begins at 10:45 AM Central Standard Time (CST) on 10/22/2018 and ends at 11:59 PM CST on 11/29/2018 (Entry Period). You may enter any Sweepstakes by Instagram, and no other method of entry will be accepted.
Instagram: To enter the Sweepstakes via Instagram, you must have a valid, public (i.e. not "private” or “protected") Instagram account and follow the Official Instagram Account. If you do not have an Instagram account, visit www.instagram.com and register in accordance with the enrollment instructions for a free Instagram account. To enter the Sweepstakes via Instagram, complete the following instructions:
- 1. Follow @sugarspiceapparel on Instagram;
2. Upload to Instagram an original photograph of yourself wearing a chic outfit from Sugar & Spice Apparel or inspired by trending and seasonal clothing on sugarandspiceapparel.com;
3. Tag us @sugarspiceapparel and use the hashtag #sugarspicebabe in the caption or comment section of the photograph.
To enter more than one photograph, repeat steps 2 and 3. Each original photograph and outfit will constitute one (1) Entry. Each eligible Participant may submit an unlimited number of Entries during the Sweepstakes Entry Period. By tagging our Instagram account @sugarspiceapparel and using the hashtag #sugarspicebabe to submit an Entry, you warrant and represent that
your Entry photograph is original and does not infringe the intellectual property rights of any third party,
you own or have the necessary licenses, rights, consents, and permissions to publish and exploit the Entry photograph,
the Entry does not feature trademarks, logos, or brand names other than Sugar & Spice Apparel, and
the Entry is not made for any improper purpose such as to intimidate or harass any individual or to ridicule, disparage, or embarrass Sugar & Spice Apparel.
No Entry shall contain any language or imagery which Sugar & Spice Apparel deems, in its sole and absolute discretion, to be inappropriate, indecent, obscene, hateful, tortious, defamatory, or that promotes discrimination on the basis of race, gender, religion, nationality, disability, sexual orientation, or age. Sugar & Spice Apparel reserves the right, in its sole discretion, to disqualify any Entry that contains any such language or imagery or which otherwise may be in violation of any law. Late, incomplete and/or inaccurate entries and entries not complying with all Rules are subject to disqualification. Any form of automated entry, including by the use of macros, scripts or bots, will be disqualified. Furthermore, by entering, each Participant represents and warrants that each Entry complies with these Sweepstakes Rules in full. Entries must not contain any material that Sugar & Spice Apparel, in its sole discretion, deems inappropriate for public viewing and/or determines is contrary to the Sweepstakes mission. Sugar & Spice Apparel reserves the right in its sole discretion to disqualify and/or not accept any Entry that Sponsor determines does not or is likely not to comply with these guidelines.
Your submission of an Entry constitutes your legal representation that you are eligible to participate in The Sweepstakes, and that you have read and agree to be bound by these Rules.
All Entries must be posted to Instagram no later than 11:59 pm Central Time on November 29, 2018.
3. JUDGING CRITERIA: All Entries will be judged by Sugar & Spice Apparel personnel, to be selected by Sugar & Spice Apparel at its sole discretion (the "Judges"). The Judges shall select a Winner using the following equally weighted criteria: Creativity; composition of photograph; and relevance to trending and seasonal clothing on Sugar & Spice Apparel.com. Decisions of the Judges are final and binding.
5. WINNER NOTIFICATION, REQUIREMENTS, AND GRANT OF RIGHTS: Sugar & Spice Apparel, using the @sugarspiceapparel Instagram account, will notify the Winner via Direct Message to the potential winner’s Instagram account (in the sole discretion of the Sponsor) provided at the time of entry (the “Prize Notification”). To claim the Prize, Winner must respond to the Notification within twenty-four (24) hours of its posting by replying to the direct message from @sugarspiceapparel on Instagram and will be required to privately (through Instagram direct message, email, or other secure, private means) provide the Winner's full legal name, home address, email address, and other personal information necessary to receive the Prize.
If there is a dispute as to the identity of an entrant, the Prize will be awarded to the authorized account holder of the Instagram account associated with the winning Entry, as registered with Instagram. Sugar & Spice Apparel shall have no liability for a Winner's failure to receive notices due to Winners' failure to check Instagram; due to spam, junk e-mail or other security settings; or for Winners' provision of incorrect or otherwise non-functioning contact information. Sugar & Spice Apparel may in its discretion announce the name of the potential Winner on the Official Instagram Account, on www.sugarandspiceapparel.com or in other forms of communication. The receipt by any Winner of the prize offered in this Sweepstakes is conditioned upon compliance with any and all federal and state laws and regulations.
The failure of a potential winner promptly to prove eligibility or Sugar & Spice Apparel's inability to contact the potential winner, will result in immediate disqualification and selection of an alternative winner.
ANY VIOLATION OF THESE OFFICIAL RULES BY ANY WINNER (AT SPONSOR'S SOLE DISCRETION) WILL RESULT IN SUCH WINNER'S DISQUALIFICATION AS WINNER OF THE Sweepstakes AND ALL PRIVILEGES AS WINNER WILL BE IMMEDIATELY TERMINATED.
6. PRIZES: There shall be one (1) prize awarded during the Entry Period (the "Prize") consisting of one online gift card to sugarandspiceapparel.com in the amount of $50.00. No cash or other prize substitutions are permitted except at Sponsor's sole discretion. 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 each Winner. Gift card shall be subject to the terms and conditions delivered with the online gift card.
7. LIMITATION OF LIABILITY: By entering, each Participant agrees to and hold harmless Sugar & Spice Apparel and its subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, officers and directors (all of the foregoing, the "Sponsor Parties") from any liability, illness, injury, death, loss, litigation, claim or damage that may occur, directly or indirectly, whether caused by negligence or not, from (i) such Participant's participation in The Sweepstakes and/or her acceptance, possession, use, or misuse of any prize or any portion thereof, (ii) technical failures of any kind, including but not limited any loss or damage to any Entry, (iii) the malfunctioning of any computer, cable, network, hardware or software; (iv) the unavailability or inaccessibility of any transmissions or telephone or Internet service; (v) unauthorized human intervention in any part of the entry process or The Sweepstakes; (vi) electronic or human error which may occur in the administration of The Sweepstakes or the processing of Entries; to the maximum extent allowed by law. Some jurisdictions may not permit certain liability limitations or waivers. If any court determines the law of such a jurisdiction applies, our liability shall be limited to the greatest extent permitted by law.
8. ALL DECISIONS FINAL: All decisions of Sponsor and Sponsor Parties are final and binding in all respects.
9. DISPUTES: THE SWEEPSTAKES IS GOVERNED BY THE LAWS OF THE UNITED STATES OF AMERICA AND THE STATE OF TEXAS, WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. As a condition of participating in The Sweepstakes, to the fullest extent allowed by law, Participant agrees that any and all disputes, claims, causes of action or controversies arising out of or in connection with The Sweepstakes, shall be resolved in arbitration individually and without resort to collective, class, or aggregate action, as set forth in the Terms and Conditions of the sugarandspiceapparel.com website. By registering and/or submitting an Entry, each Participant irrevocably waives, to the greatest extent allowed by law, any right to seek and/or obtain rescission and/or equitable and/or injunctive relief. Further, in any such dispute, under no circumstances will Participant be permitted to obtain awards for, and hereby waives all rights to claim, punitive, incidental, or consequential damages, including reasonable attorneys' fees, other than Participant's actual out-of-pocket expenses (i.e. costs associated with entering The Sweepstakes), and participant further waives all rights to have damages multiplied or increased.
NOTWITHSTANDING ANYTHING TO THE CONTRARY, IN NO EVENT WILL THE SPONSOR OR THE SPONSOR PARTIES BE LIABLE TO ANY PARTICIPANT OR ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSS OF REVENUES, LOST PROFITS, LOST CAPITAL OR OVERHEAD, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WHETHER OR NOT SPONSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
10. GENERAL TERMS AND CONDITIONS: All federal, state, and local laws and regulations apply, and The Sweepstakes is void where prohibited. Sugar & Spice Apparel reserves the right, in its sole discretion, to cancel, terminate, modify or suspend The Sweepstakes should (in its sole discretion) a 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, Sugar & Spice Apparel may select the recipients from all eligible Entries received prior to and/or after (if appropriate) the action taken by Sugar & Spice Apparel. Sugar & Spice Apparel reserves the right at its sole discretion to disqualify any individual who tampers or attempts to tamper with the entry process or the operation of The Sweepstakes or who violates these Sweepstakes Rules. Sponsor is not responsible for lost, late, illegible, incomplete, damaged, mutilated, misdirected, misdelivered, or delayed Entries, or for technical or human errors or failures of any kind in connection with the submission, transmission, processing or selection of Entries or the winning Entry, including without limitation any malfunctions or failures of computer hardware, computer software, networks or telephone equipment or any technical problems or traffic congestion on the Internet or at any website or late, lost, damaged, or postage due mail, or any combination thereof. Caution: Any attempt by a person to deliberately damage any Web site or undermine the legitimate operation of The Sweepstakes is a violation of criminal and civil laws and should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent of the law. Sponsor is not responsible for any typographical or other error in the printing of the offer, administration of The Sweepstakes, or in the announcement of the prize. Sponsor shall not be responsible for retaining copies of any Entry. These Sweepstakes Rules set forth the entire agreement and understanding between Sponsor and Participant concerning the subject matter hereof and merges and supersedes all prior discussions, agreements, and understandings of any kind between them. Notwithstanding anything contained herein to the contrary, Sponsor reserves the right, in its sole discretion, at any future time to terminate, modify, or suspend The Sweepstakes for any reason, in Sponsor's sole discretion. Participant shall be deemed an independent contractor and nothing contained herein shall constitute this arrangement to be employment, a joint venture, or a partnership. Sponsor's failure to enforce any provision of these Sweepstakes Rules shall not constitute a waiver of any provision contained herein. If any provision of these Rules is found to be invalid or unenforceable by a court of competent jurisdiction or appointed arbitrator, such determination shall in no way affect the validity or enforceability of any other provision herein. The titles of Sections of these Sweepstakes Rules are for convenience only and shall not be given any legal effect. The word "including" is used in these Sweepstakes Rules to mean "including but not limited to."
11. NAME OF WINNER: The Winner will be announced and the Winner's name made available on the Official Instagram Account.
12. DISCLAIMER: The Sweepstakes is in no way sponsored, endorsed or administered by, or associated with, Instagram, and in no instance shall Instagram and its subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, officers and directors (all of the foregoing, the "Instagram Parties") be liable for any disputes, claims, causes of action or controversies arising out of or in connection with The Sweepstakes.
WAIVER OF LIABILITY/PUBLICITY RELEASE: By participating in the Sweepstakes and submitting an entry, each entrant agrees to (i) be bound by these Official Rules, including all entry requirements, and (ii) waive any and all claims against the Sponsor and each of their respective parents, affiliated companies, subsidiaries, officers, directors, employees, agents, licensees, distributors, dealers, retailers, printers, representatives and advertising and promotion agencies, and any and all other companies associated with the applicable Sweepstakes, and all of their respective officers, directors, employees, agents and representatives (collectively, "Released Parties") for any injury, damage or loss that may occur, directly or indirectly, in whole or in part, from the participation in the applicable Sweepstakes or from the receipt or use of any Prize (or any portion thereof) or any travel or activity related to the receipt or use of any Prize (or any portion thereof). By entering any Sweepstakes, each entrant gives his/her express permission to be contacted by Sponsor by telephone, email and/or postal mail for Sweepstakes purposes. Each Winner, by acceptance of the Prize, grants to Sponsor and each of their designees the right to publicize such Winner's name, address (city and state/territory/province of residence), photograph, voice, statements and/or other likeness and prize information for advertising, promotional, trade and/or any other purpose in any media or format now known or hereafter devised, throughout the world, in perpetuity, without limitation and without further compensation, consideration, permission or notification, unless prohibited by law.
GENERAL CONDITIONS: Released Parties are not responsible for stolen, late, incomplete, illegible, inaccurate, misdirected, lost, misrouted, scrambled, damaged, delayed, undelivered or garbled entries, transmissions, email or mail; or for lost, interrupted or unavailable network, cable, satellite, server, Internet Service Provider (ISP), wireless network, website, or other connections including those through and/or by any website, availability or accessibility or miscommunications or failed computer, satellite, telephone, cable or wireless transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties; wireless service congestion; failures or malfunctions of phones, phone lines or telephone systems, wireless towers or cellular tower equipment; any error, omission, interruption, defect or delay in wireless or other transmission, processing, or communication; non-delivery; misdirected, blocked, or delayed email notifications; printing, typographical or other errors appearing within these Official Rules, in any Sweepstakes-related advertisements or other materials; or any other errors, problems or difficulties of any kind whether human, mechanical, electronic, network, computer, telephone, wireless service, mail, typographical, printing or otherwise relating to or in connection with the Sweepstakes, including, without limitation, errors or difficulties which may occur in connection with the administration of the Sweepstakes, the processing of entries, the announcement of the Prize or in any Sweepstakes-related materials, or the cancellation or postponement of any Major League Baseball game, event or exhibition. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by website users, tampering, hacking, or by any equipment or programming associated with or utilized in the Sweepstakes. Released Parties are not responsible for injury or damage to participants' or to any other person's computer and/or wireless device related to or resulting from participating in this Sweepstakes or downloading materials from or use of the website. Persons who tamper with or abuse any aspect of the Sweepstakes or website or attempt to undermine the legitimate operation of the Sweepstakes by cheating, deception or other unfair playing practices, or intend to annoy, abuse, threaten or harass any other entrant or any representative of Sponsor or who are in violation of these Official Rules, as solely determined by Sponsor, will be disqualified and all associated entries will be void. Any attempt to deliberately damage the content or operation of any Sweepstakes is unlawful and subject to legal action by Sponsor and/or their respective agents. Sponsor shall have the sole right to disqualify any entrant for violation of these Official Rules or any applicable laws relating to the Sweepstakes, and to resolve all disputes in its sole discretion. Released Parties (i) make no warranty, guaranty or representation of any kind concerning any Prize (or any portion thereof), and (ii) disclaim any implied warranty. Sponsor's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
Sponsor reserves the right, in their sole discretion, to cancel or suspend any Sweepstakes (or any portion thereof) should virus, bugs, unauthorized human intervention, or other causes corrupt administration, security, fairness, integrity or proper operation of the Sweepstakes (or any portion thereof). In the event of cancellation, Sponsor may elect to identify the Winner(s) and award the Prize(s) by way of random drawing from among all non-suspect, eligible entries received up to the time of such cancellation. Sponsor reserves the right, in their sole discretion, to modify these Official Rules for clarification purposes without materially affecting the terms and conditions of the Sweepstakes or discontinue any Sweepstakes at any time without notice.
CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE ASSOCIATED WITH THE SWEEPSTAKES OR UNDERMINE THE CONTENT OR LEGITIMATE OPERATION OF ANY SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR WILL DISQUALIFY ANY ENTRANT, AND SPONSOR AND/OR THEIR RESPECTIVE AGENTS RESERVE THE RIGHT TO SEEK DAMAGES (INCLUDING ATTORNEYS' FEES) AND OTHER REMEDIES FROM ANY PERSON OR PERSONS RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.
Entries generated by a script, macro or other mechanical or automated means will be disqualified. In the event of dispute as to the identity or eligibility of any potential winner based on a Instagram account, the winning entry will be declared made by the "Authorized Account Holder" of the Instagram account used to enter the applicable Sweepstakes provided he/she is eligible according to these Official Rules. For entries via Instagram, the "Authorized Account Holder" is defined as the natural person who is assigned to a Instagram account by www.instagram.com.
As a condition of entering any Sweepstakes, each entrant agrees that (a) any and all disputes, claims, controversies or causes of action arising out of or relating to any Sweepstakes, or any prizes awarded (each, a "Claim"), shall be (i) arbitrated on an individual basis only, and shall not be consolidated or joined with or in any arbitration or other proceeding involving a Claim of any other party, and (ii) settled by binding arbitration in Austin, Texas before a single arbitrator appointed by the American Arbitration Association in accordance with its then governing rules and procedures, and judgment on the award rendered by the arbitrator may be entered by any court having jurisdiction thereof; and (b) under no circumstance will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, punitive, incidental, consequential or any other damages, other than for actual out-of-pocket expenses. These Official Rules shall be governed by and construed and interpreted in accordance with the laws of Austin, Texas, applicable to contracts entered into and performed exclusively in that State.
WINNERS' LIST: For a list of Winner(s), mail a request and a self-addressed stamped envelope to: Win a $50 Gift Card Giveaway Sweepstakes Winners List c/o Sugar & Spice Apparel, 2600 Lake Austin Blvd., Austin, TX 78703.
SPONSOR: The Sponsor of this Sweepstakes is Sugar & Spice Apparel, 2600 Lake Austin Blvd., Austin, Texas 78703. All rights reserved.