HONEY SWEEPSTAKES/GIVEAWAY OFFICIAL RULES: FOREVER21 GALENTINE'S DAY GIVEAWAY
HONEY SWEEPSTAKES/GIVEAWAY OFFICIAL RULES (“RULES”) Hey there. So, you want to enter this Sweepstakes. That’s awesome. Best of luck! These things have Rules though, which you should read.
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
BY PARTICIPATING IN THE SWEEPSTAKES, YOU AGREE TO THESE RULES, WHICH ARE A CONTRACT, SO READ THEM CAREFULLY BEFORE PARTICIPATING. WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES TO THE SPONSOR FROM YOU. THESE RULES ALSO REQUIRE ENTRANTS TO RESOLVE ANY DISPUTE THROUGH BINDING, INDIVIDUAL ARBITRATION AND ENTRANTS WAIVE THE RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
THIS SWEEPSTAKES IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH INSTAGRAM, LLC (“INSTAGRAM”).
1. OVERVIEW/SWEEPSTAKES PERIOD. The February 11, 2021, TAG TUESDAY Sweepstakes (“Sweepstakes”) is sponsored by Honey, a PayPal Inc. service (“Honey” or “Sponsor”). It begins when it is posted by Honey on Instagram (the “Post”) and it ends February 13], 2021 at 12:00:00 p.m. Pacific Time (PT) (the “Sweepstakes Period”). Sponsor’s clock will be the official timekeeper for this Sweepstakes, meaning an entry made within the Sweepstakes Period as evidenced by the time stamp attributed by Instagram to the Submission shall be deemed to have been entered within the Sweepstakes Period. This Sweepstake is in partnership with [Forever 21, Inc (“FOREVER 21”)]or (“Partner”). The Sweepstakes is subject to all applicable federal, state, and local laws and regulations, and is void where prohibited.
2. AGREEMENT TO SWEEPSTAKES RULES. Participation in the Sweepstakes constitutes your agreement to these Rules and Honey’s decisions related to the Sweepstakes, which you agree are final and binding. In order to be eligible to win a prize in the Sweepstakes, you must fulfill all requirements in the Rules. 3. ENTRANT ELIGIBILITY. The Sweepstakes is open only to legal residents of any one (1) of the fifty (50) United States or the District of Columbia who, as of the entry date and through the time of prize award, are at least eighteen (18) years old and the age of majority in their jurisdiction of primary residence. Employees, officers, managers, directors, and contractors (including, without limitation, influencers) of Honey, Partner, their respective parents, divisions, affiliates, subsidiaries, advertising agencies or promotional partners associated with this Sweepstakes (collectively, the “Sweepstakes Entities”), and relatives of and those living in the same household as such individuals are not eligible to enter or win a prize. For the purpose of this Sweepstakes, relatives are defined as spouse, domestic partner, parent, legal guardian, legal ward, in-law, grandparent, sibling, children and grandchildren. This Sweepstakes is void in all U.S. territories (including Puerto Rico), possessions and overseas military installations and where prohibited by law. Potential winner may be required to provide Sponsor with proof that he/she is the registered account holder of the Instagram account associated with a potentially winning entry as well as proof of residency and age. If a dispute cannot be resolved to Sponsor’s satisfaction, the entry will be deemed ineligible.
4. HOW TO ENTER. To participate, you need to have an Instagram account (a “Social Account”). If you do not yet have a Social Account, you may create one prior to entering the Sweepstakes. The creation and use of a Social Account are subject to the Instagram Terms of Use available here: http://instagram.com/about/legal/terms/#. You may use a mobile device to enter the Sweepstakes, but if you do so standard data charges from your wireless carrier may apply. You must set your account settings on the Social Account to "public" in order for your comments to be viewable by Honey. You must take the following actions to enter the Sweepstakes: (1) Follow @honey and @[forever21] on Instagram; (2) Tag a friend in the comments box on the Post; and (3) In that same comment, tell Sponsor about why your bff is someone worth celebrating! Your entry will not be deemed an entry in the Sweepstakes until Sponsor verifies that it: (1) meets the requirements set forth above; (2) complies with these Rules and Instagram’s Terms of Use; (3) does not contain obscene, offensive or objectionable language or communicate messages inconsistent with the positive images to which Sponsor wishes to associate; or (4) does not infringe, misappropriate or violate the rights of any third party. Otherwise, the substantive content of the entry will not affect an entrant’s chances of winning. Approval or disapproval of an entry will not be communicated. Limit one (1) entry per person and per Instagram account. Attempts made by a participant to submit entries in excess of any limit or otherwise in violation of these Rules by using multiple or false contact information or otherwise may be disqualified. Sponsor is not responsible for misspellings, typographical errors, or other issues that may affect an Entry Post from being located using a search to find eligible entries. The entry content must remain active on Instagram through winner selection and prize award for the Sweepstakes to be eligible. Only entries that are posted, identified and recorded on the Instagram’s servers and identifiable by Sponsor during the Sweepstakes Period will be considered. Other proof of submitting an entry (such as a printed or copied confirmation screen or message) does not constitute actual receipt of the entry for purposes of this Sweepstakes. Submissions generated by script, macro, or other automated means are void. Entries made by any other individual or any entity, and/or originating at any other web site or e-mail address, including, without limitation, commercial sweepstakes subscription notification and/or entering service sites, will be declared invalid and disqualified for this Sweepstakes. Multiple entrants are not permitted to share the same Social Account. In the event of a dispute as to any registration, the authorized account holder of the Social Account used to enter will be deemed to be the entrant. The “authorized account holder” is the natural person assigned an email address used to create the Social Account. Any Potential Winner may be required to show proof of being an authorized account holder. 5. REPRESENTATIONS AND WARRANTIES; HONEY'S USE OF SUBMISSIONS: By posting an entry, you represent and warrant that the entry complies with these Rules, and you grant to Honey (and its designees) a royalty-free, irrevocable, perpetual, non-exclusive right and license to display such entry (except where prohibited by law). 6. SELECTION OF WINNER: After the Sweepstakes Period, Honey will select a single entry at random (the "Potential Winner") from among all eligible entries received during the Sweepstakes Period. Odds of winning depend on number of eligible entries received. On or about February 13, 2021, a random drawing from among all eligible entries will be conducted by Sponsor’s designated agent/representative, whose decisions are final, to determine the Potential Winner. Sponsor or its designee will attempt to notify the Potential Winner that he or she may have won the prize in this Sweepstakes by direct message on Instagram (at Sponsor’s sole discretion) on the day of the drawing. Potential Winner will be required to provide his/her name, mailing address, date of birth, and consent to confirm eligibility and may be required to complete, sign, have notarized (if applicable) and return, without alteration and in the form presented by Sponsor, an affidavit of eligibility and liability/publicity release (unless prohibited by law) within the time frame specified by Sponsor or prize may be forfeited. In the event of noncompliance with these requirements, the prize may be forfeited. The affidavit of eligibility and liability/publicity release are subject to verification by Sponsor. If any the prize notification or Sweepstakes-related communication is rejected, faulty or returned as undeliverable, or if the potential winner cannot be reached after a reasonable attempt has been made by Sponsor or does not respond according to the notification’s or Sponsor’s instructions (as determined by Sponsor in its sole discretion), that winner or potential winner may be disqualified and an alternate winner may be randomly selected; the Sponsor will not be obligated to pursue more than three (3) alternate winners for any reason, in which case some prizes may go unawarded. Sponsor reserves the right to modify the notification procedures in connection with the selection of any alternate potential winner, if any. 7. PRIZES, QUANTITY AND APPROXIMATE RETAIL VALUE (“ARV”): This Sweepstakes prize is a $200 Forever21 gift card. The ARV of the prize is $200 USD. Redemption and use of the prize is subject to [Partner Name]’s applicable policies; failure to comply with Partner’s [type of policy] policies (by winner or his/her guests), as determined by Honey and Partner in their discretion, will result in forfeiture of the prize and no alternate prize will be awarded. The prize is non-transferable and no substitution or cash redemptions will be made except in Honey’s sole discretion. Honey reserves the right to substitute the prize for one of equal or greater value if the prize should become unavailable for any reason. The Prize will be fulfilled no later than 4–6 weeks after the end of the Sweepstakes Period. All prize details not specified in these Rules will be determined in Sponsor’s sole discretion. Sponsor is not responsible for, and winner will not receive the difference, if any, between the actual value of the prize at the time of award and the stated ARV in these Rules or in any Sweepstakes-related correspondence or materials. If legitimately claimed, the prize will be awarded. Sponsor will not replace any lost, mutilated or stolen prize or any prize that is undeliverable or does not reach the winner because of an incorrect or changed address or other contact information. If winner does not accept or use the entire prize, the unaccepted or unused part of the prize will be forfeited and Sponsor will have no further obligation with respect to that prize or portion of the prize. No more than the stated prize will be awarded. Winner is strictly prohibited from selling, auctioning, trading or otherwise transferring any part of the prize.
9. TAXES: All applicable taxes (as well as any expenses not specified in these Official Rules as being provided as part of the prize) are the sole responsibility of the prize recipient. Federal IRS 1099-MISC or other tax forms may be issued where required. 10. PUBLICITY: Entry into this Sweepstakes shall constitute and signify the participant’s agreement and consent that Honey and its designees may use the entrant’s name, city, state, likeness, photo, including winner’s Social Account profile photo, entry, and/or prize information in connection with the Sweepstakes for promotional, advertising or other purposes, worldwide, in any and all media now known or hereafter devised, including the internet, without limitation and without further payment, notification, permission or other consideration, except where prohibited by law, and participant releases all Released Parties from any and all liability related thereto. Nothing contained in these Rules obligates Sponsor to make use of any of the rights granted herein and winner waives any right to inspect or approve any such use.
11. ENFORCEMENT OF AND COMPLIANCE WITH RULES: Sponsor’s decisions will be final in all matters relating to this Sweepstakes, including interpretation of the Rules, determination of the recipients, and distribution of the prizes. All participants, as a condition of entry, agree to be bound by and comply with the Rules and the decisions and instructions of Honey. Failure to comply with the Rules may result in disqualification from this Sweepstakes. Honey’s failure to or decision not to enforce any provision in the Rules will not constitute a waiver of that or any other provision. In the event there is an alleged or actual ambiguity, discrepancy or inconsistency between disclosures or other statements contained in any Sweepstakes-related materials and/or the Rules (including any alleged discrepancy or inconsistency in the Rules), it will be resolved in Honey’s sole discretion. Participants waive any right to claim ambiguity in the Sweepstakes or the Rules. The invalidity or unenforceability of any provision of the Rules will not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, the Rules will otherwise remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
12. DISQUALIFICATION, CANCELLATION, MODIFICATION, SUSPENSION: In its sole discretion, Sponsor reserves the right to: (a) void participation of any participant who Sponsor believes has attempted to tamper with or impair the administration, security, fairness or proper play of this Sweepstakes; (b) disqualify any participant at any time (even if disqualified winner or potential winner may have been notified or displayed or announced anywhere), if Sponsor determines at any time in its sole discretion that such participant is ineligible, in violation of the Rules, or engaging in behavior that Sponsor deems obnoxious, inappropriate, threatening, illegal or that is intended to annoy, abuse, threaten or harass any other person; (c) restrict or void online entries or participation from any IP address if any suspicious entry and/or participation is detected; (d) cancel, modify or suspend the Sweepstakes and distribute the prize in a manner deemed fair and appropriate by Sponsor if the Sweepstakes is not capable of running as planned for any reason; (e) disqualify any participant that supplies false information, obtains entries by fraudulent means or is otherwise determined to be in violation of the Rules in an attempt to obtain any prize (and in such case, that person may be prosecuted to the full extent of the law). Participants agree to not damage or cause interruption of the Sweepstakes and/or prevent others from participating in the Sweepstakes. CAUTION: ANY ATTEMPT TO DAMAGE ANY ONLINE SERVICE OR WEBSITE OR UNDERMINE THE LEGITIMATE OPERATIONS OF THE SWEEPSTAKES MAY VIOLATE CRIMINAL AND CIVIL LAWS. IF SUCH AN ATTEMPT IS MADE, SPONSOR MAY DISQUALIFY ANY PARTICIPANT MAKING SUCH ATTEMPT AND MAY SEEK DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW.
13. LIMITATIONS OF LIABILITY: EACH ENTRANT AGREES TO RELEASE, HOLD HARMLESS AND INDEMNIFY THE SWEEPSTAKES ENTITIES AND INSTAGRAM (“RELEASED PARTIES”) FOR ANY LIABILITY WHATSOEVER FOR INJURIES OR DAMAGES OF ANY KIND SUSTAINED IN CONNECTION WITH THE USE, ACCEPTANCE, POSSESSION, MISUSE OR AWARDING OF THE PRIZE, WHILE PREPARING FOR, PARTICIPATING IN AND/OR TRAVELING TO OR FROM ANY PRIZE- OR SWEEPSTAKES-RELATED ACTIVITY, INCLUDING, WITHOUT LIMITATION, ANY INJURY, DAMAGE, DEATH, LOSS, OR ACCIDENT TO PERSON OR PROPERTY. THE WINNER AGREES (AS BETWEEN WINNER AND THE SWEEPSTAKES ENTITIES) THAT THE PRIZE IS PROVIDED AS-IS WITHOUT ANY WARRANTY, REPRESENTATION OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT OR IN LAW, WHETHER NOW KNOWN OR HEREINAFTER ENACTED, RELATIVE TO THE USE OR ENJOYMENT OF THE PRIZE, INCLUDING, WITHOUT LIMITATION, ITS QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. EACH ENTRANT UNDERSTANDS AND AGREES THAT ALL RIGHTS UNDER SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY OF THE UNITED STATES ARE HEREBY EXPRESSLY WAIVED BY HIM/HER. SECTION 1542 READS AS FOLLOWS: “CERTAIN CLAIMS NOT AFFECTED BY A GENERAL RELEASE. A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.
14. Additional Disclaimers: Released Parties are not responsible and/or liable for any of the following, whether caused by a Released Party, the participant or by human error: (a) entries that are submitted by illegitimate means or in excess of the stated limit; (b) any lost, late, incomplete, forged, altered, illegible, mutilated, illegitimate, garbled, illegible, or misdirected participation, e-mail, mail, submissions, Sweepstakes-related correspondence or materials or postage-due mail, or entries (and any such entries will be void); (c) any error, omission, interruption, defect, or delay in transmission or communication; (d) viruses or technical or mechanical malfunctions, failures or unavailability of any kind; (e) errors, typos or misprints in these Rules, in any Sweepstakes-related advertisements or other materials; (f) 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 e-mail account to receive e-mail messages; (g) if an entrant’s e-mail address, telephone, or other contact information does not work or is changed without entrant giving prior written notice to Sponsor; (h) any changes or unavailability of any platform that may interfere with the Sweepstakes (including any limitations, any restrictions, or any conditions on Sponsor's ability to use the platform for the Sweepstakes as set forth herein that are not acceptable to Sponsor); or (i) ability of entrant to timely enter, receive notices or communicate with Sponsor. Without limiting any other provision in the Rules, Released Parties are not responsible or liable to any participant or any person claiming through such participant for failure to supply an prize or any part thereof in the event that any of the Sweepstakes activities or the Released Parties operations or activities are affected, as determined by the Sponsor in its sole discretion, including, without limitation, by reason of any acts of God, any action, regulation, order or request by any governmental or quasi-governmental entity (whether or not the action, regulations, order or request proves to be invalid), equipment failure, threatened terrorist acts, terrorist acts, pandemics, air raid, blackout, act of public enemy, earthquake, war (declared or undeclared), fire, flood, epidemic, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal) labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any law, rule, regulation, order or other action adopted or taken by any governmental, national, federal, state, provincial, territorial, or local government authority, or any other cause, whether or not specifically mentioned above.
15. ARBITRATION CLAUSE & CLASS ACTION WAIVER – IMPORTANT – PLEASE REVIEW AS THIS AFFECTS YOUR LEGAL RIGHTS; GOVERNING LAW • YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND US (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD-PARTY) WITH REGARD TO YOUR RELATIONSHIP WITH US, INCLUDING WITHOUT LIMITATION DISPUTES RELATED TO THESE RULES AND PARTICIPATION IN THE SWEEPSTAKES, AND/OR RIGHTS OF PRIVACY AND/OR PUBLICITY, WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION UNDER THE AMERICAN ARBITRATION ASSOCIATION’S RULES FOR ARBITRATION OF CONSUMER-RELATED DISPUTES AND YOU AND WE HEREBY EXPRESSLY WAIVE TRIAL BY JURY; PROVIDED, HOWEVER, THAT TO THE EXTENT THAT YOU HAVE IN ANY MANNER VIOLATED OR THREATENED TO VIOLATE OUR INTELLECTUAL PROPERTY RIGHTS, WE MAY SEEK INJUNCTIVE OR OTHER APPROPRIATE RELIEF IN ANY STATE OR FEDERAL COURT IN THE STATE OF CALIFORNIA. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION. • As an alternative, you may bring your claim in your local “small claims” court, if permitted by that small claims court’s rules and if within such court’s jurisdiction, unless such action is transferred, removed or appealed to a different court. You may bring claims only on your own behalf. Neither you nor we will participate in a class action or class-wide arbitration for any claims covered by this agreement to arbitrate. BY AGREEING TO THIS ARBITRATION CLAUSE & CLASS ACTION WAIVER, YOU AND HONEY ARE GIVING UP THE RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM THAT EACH SIDE MAY HAVE AGAINST THE OTHER INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if we are a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act and not by any state law concerning arbitration. In the event the American Arbitration Association is unwilling or unable to set a hearing date within one hundred sixty (160) days of filing the case, then either we or you can elect to have the arbitration administered instead by the Judicial Arbitration and Mediation Services. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Rules. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with these Rules or the Sweepstakes must be filed within one (1) year after such claim of action arose or be forever banned. • If you do not want to arbitrate disputes with Honey and you are an individual, you may opt out of this ARBITRATION CLAUSE & CLASS ACTION WAIVER by sending an email to privacy@joinhoney.com within thirty (30) days of the end of the Sweepstakes Period. • If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration section will be null and void. This arbitration agreement will survive the termination of your relationship with us. • These Rules and your participation in the Sweepstakes shall be governed by the laws of the State of California in the United States of America without regard to its conflict or choice of laws provisions. Any dispute with Honey, or its officers, directors, employees, agents or affiliates, arising under or in relation to these Rules or the Sweepstakes shall be resolved exclusively as specified in the ARBITRATION CLAUSE & CLASS ACTION WAIVER clause above, except with respect to imminent harm requiring temporary or preliminary injunctive relief in which case Honey may seek such relief in any court with jurisdiction over the parties. • Under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased.
16. WINNER ANNOUNCEMENT: The Sweepstakes Winner will be recognized in an Instagram post from the @honey account, which will remain on Instagram for at least 90 days from the date of posting. To find out who won, email content@joinhoney.com within (3) months of the end of the Sweepstakes Period.
17. PRIVACY: As a condition of entering the Sweepstakes, without limiting any other provision in these Rules, each entrant gives consent for Sponsor and its agents to obtain and deliver his or her name, address, and other information and content to third parties for the sole purpose of administering this Sweepstakes and complying with applicable laws, regulations, and rules. Information collected from entrants and Sweepstakes Winner is subject to Honey’s Privacy Policy located at https://www.joinhoney.com/privacy.
18. THE SPONSOR OF THIS SWEEPSTAKES IS: Honey, a PayPal service, 963 E. 4th Street, Los Angeles California, 90013