Contest Rules and Regulations
Instagram Contest May 26th, 2018 Rules and Regulations
NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING. PLEASE NOTE, GIVEAWAY ITEMS ARE NOT ELIGIBLE FOR RETURNS OR EXCHANGES.
1. Eligibility. This Campaign is open only to those who sign up on our Instagram for giveaways and who are 18 years of age or older as of the date of entry. The Campaign is only open to legal residents of the 50 United States and the District of Columbia except Rhode Island, and is void where prohibited by law. Employees of POP Fit Clothing, its affiliates and subsidiaries, as well as its advertising and promotion agencies, and suppliers, (collectively the “Employees”), and immediate family members and/or those living in the same household of Employees are not eligible to participate in the Campaign. The Campaign is subject to all applicable federal, state, and local laws and regulations. The Campaign is void where prohibited by law.
2. Agreement to Rules. By participating, the Contestant (“You”) agree to be fully unconditionally bound by these Official Rules (the “Rules”), and You represent and warrant that You meet the eligibility requirements. In addition, You agree to accept the decisions of POP Fit Clothing as final and binding as it relates to the content of this Campaign and the results thereof.
3. How to Enter. To enter, post a comment via Instagram and tag a friend. You may enter as many times as you want. The entry must fulfill all Campaign requirements, as herein specified, to be eligible to win a prize. Entries that are incomplete or do not adhere to the Campaign rules or specifications may be disqualified at the sole discretion of POP Fit Clothing. 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 POP Fit Clothing.
4. Prizes. The Winner(s) of the Campaign (the “Winner”) will receive a pair of leggings from POP Fit Clothing and two mixed boxes of protein bars from Square Organics for a total estimated value of $75.00 USD. Contest begins at 11am PST on May 26th and ends at 11:59pm PST on May 30th. No cash or other prize substitution shall be permitted except at POP Fit Clothing’s sole and exclusive discretion. The prize is nontransferable. Any and all prize-related expenses, including without limitation any and all federal, state, and/or local taxes [and the costs for shipping and handling], shall be the sole responsibility of the Winner. No substitution of prize or transfer/assignment of prize to others or request for the cash equivalent by Winner is permitted. Acceptance of prize constitutes permission for POP Fit Clothing to use the Winner’s name, likeness, and entry for purposes of advertising and trade without further compensation, unless prohibited by law.
5. Odds: The odds of winning depend on the number of eligible entries received for each campaign.
6. Winner Selection and Notification. Winner will be selected by a random drawing from all eligible entries received during the contest period under the supervision of POP Fit Clothing. Winner will be notified by Instagram comment and DM within five (5) days following selection of Winner. POP Fit Clothing shall have no liability for Winner’s failure to receive notices due to spam, junk e-mail or other security settings or if Winner provides incorrect or otherwise non-functioning contact information. If Winner cannot be contacted, is ineligible, fails to claim the Prize within [7 days] from the time award notification was sent, or fails to timely return a completed and executed affidavit of eligibility, liability release, and publicity release as required, the Prize may be forfeited and an alternate Winner selected. Receipt by Winner of the Prize offered in this Campaign is conditioned upon compliance with any and all federal, state, and local laws and regulations. ANY VIOLATION OF THESE OFFICIAL RULES BY WINNER (DETERMINED AT POP FIT CLOTHING‘S SOLE DISCRETION) WILL RESULT IN WINNER’S DISQUALIFICATION AS WINNER OF THE CAMPAIGN, AND ALL PRIVILEGES AS WINNER WILL BE IMMEDIATELY TERMINATED AND REVOKED.
7. Rights Granted by You. By entering this contest (by photo, video, text, etc.), You understand and agree that POP Fit Clothing, anyone acting on behalf of POP Fit Clothing, and POP Fit Clothing’s licensees, successors, and assigns, shall have the right, where permitted by law, to print, publish, broadcast, distribute, and use in any media now known or hereafter developed, in perpetuity and throughout the World, without limitation, your entry, name, portrait, picture, voice, likeness, image, statements about the Campaign, and biographical information for news, publicity, information, trade, advertising, public relations, and promotional purposes. without any compensation, notice, review, or consent whatsoever. You shall indemnify, defend, and hold harmless POP Fit Clothing and the other Indemnified Parties from and against any suit, proceeding, claims, liability, loss, damage, costs or expense, which POP Fit Clothing or any of the other Indemnified Parties may incur, suffer, or be required to pay arising out of such infringement or suspected infringement of Your or any third party’s intellectual property or other rights.
8. Terms & Conditions. POP Fit Clothing reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Campaign should any virus, bug, non-authorized human intervention, fraud, or other cause beyond POP Fit Clothing’s control, corrupt or affect the administration, security, fairness, or proper conduct of the Campaign. In such case, POP Fit Clothing may select the Winner from all eligible entries received prior to and/or after (if appropriate) the action taken by POP Fit Clothing. POP Fit Clothing reserves the right, in its sole discretion, to disqualify any individual who tampers or attempts to tamper with the entry process or the operation of the Campaign including, without limitation, use of any robotic, automatic, programmed o similar entry methods, or violates these Campaign Rules and the Terms & Conditions. POP Fit Clothing has the right, in its sole discretion, to maintain the integrity of the Campaign, to void disqualifying or ineligible entries for any reason, including, but not limited to: multiple entries from the same user from different IP addresses; multiple entries from the same computer in excess of those allowed by Campaign rules; or the use of bots, macros, scripts, or other technical means of entering. Any attempt by an entrant to deliberately damage any website or undermine the legitimate operation of the Campaign may be a violation of criminal and civil laws. Should such attempt be made, POP Fit Clothing reserves the right to seek damages to the fullest extent permitted by law.
9. Limitation of Liability. By entering, You agree to indemnify, release and hold harmless POP Fit Clothing, the other Indemnified Parties and Pop Fit Clothing’s, advertising and promotion agencies, partners, and representatives 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) Your participation in the Campaign and/or Your acceptance, possession, use, or misuse of any Prize or any portion thereof; (ii) technical failures of any kind, including but not limited to the malfunction of any computer, cable, network, hardware, or software, or other mechanical equipment; (iii) the unavailability or inaccessibility of any transmissions, telephone, or Internet service; (iv) unauthorized human intervention in any part of the Campaign entry process; (v) electronic or human error in the administration of the Campaign or the processing of entries.11. Disputes: THIS Campaign IS GOVERNED BY THE LAWS OF the US AND state of Nevada, WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. As a condition of participating in this Campaign, participant agrees that any and all disputes that cannot be resolved between the parties, and causes of action arising out of or connected with this Campaign, shall be resolved individually, without resort to any form of class action, exclusively before a court located in Nevada having jurisdiction. 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, including reasonable attorney’s fees, other than participant’s actual out-of-pocket expenses (i.e. costs associated with entering this Campaign). Participant further waives all rights to have damages multiplied or increased.
10. Disputes. This Campaign is governed by the laws of United States and Nevada, without regard to conflict of law principles. As a condition of participating in this Campaign, 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 Campaign, shall be resolved individually, without resort to any form of class action, exclusively before a court located in the state or federal courts in Las Vegas, Nevada. Further, in any such dispute, under no circumstances shall You be permitted to obtain awards for, and You hereby waive all rights to, punitive, incidental, or consequential damages, including reasonable attorneys’ fees, other than Your actual out-of-pocket expenses (i.e. costs associated with entering this Campaign). You further waive all rights to have damages multiplied or increased.
12. Sponsor. The Sponsor of the Campaign is POP Fit Clothing, 7135 Bermuda Road, Las Vegas, NV 89119, United States
13. Facebook. The Campaign hosted by POP Fit Clothing is in no way sponsored, endorsed, administered by, or associated with Facebook.
14. Acknowledgement. By entering the Campaign, You, the Contestant, have affirmatively reviewed, accepted, and agreed to all of the Official Rules.
15. Instagram. This Campaign is in no way sponsored, endorsed or administered by, or associated with, Instagram..