MADISON REED’S “SUMMER GIVEAWAY”
Last Updated: August 8, 2017
NO PURCHASE NECESSARY. MAKING A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING.
By participating in MADISON REED Giveaway (the “Promotion”), each entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of MADISON REED (“Sponsor”), which are final and binding in all respects. This giveaway is in no way sponsored, endorsed or administered by, or associated with, Instagram™. You understand that in connection with this giveaway you are providing your information to Sponsor. Any questions, comments or complaints regarding this giveaway should be addressed to Sponsor and not to Instagram.
Promotions are open only to legal residents of the fifty (50) United States (void in Puerto Rico, all U.S. territories and possessions and all overseas military installations), Australia, United Kingdom, and Canada who are at least eighteen (18) years of age or older at the time of entry. All employees of Sponsor, their affiliates, sales representatives, licensees or agents (all of the foregoing, collectively, "Promotions Entities"), and their immediate family members (spouse, parent, child, sibling and their respective spouses) and those living in the same household of each (whether legally related or not), are ineligible to enter or win the Promotions. All applicable federal, state and local laws and regulations apply. Void where prohibited by law. Entry in the Promotions constitutes your full and unconditional acceptance of these "Official Promotions Rules".
2. PROMOTIONS PERIOD
The Promotion begins August 10, 2017 at 8:00 AM Pacific Time (“PT”) and ends on August 12, 2017 at 11:59 PM PT (the “Promotion Period”). Sponsor’s computer, or that of its designee, shall serve as the official timekeeper for the Promotion.
3. NOTIFICATION OF WINNERS/HOW TO CLAIM PRIZE
On or about August 12, 2017 the potential winner will be sent a direct message to the Instagram account from which he or she submitted the Entry with instructions on how to claim the prize (“Notification”). The winner will be required to: (i) follow the instructions on the Notification and provide his or her email address, first name and last name (no initials), complete street address (no PO Box), city, state and zip code, and birthdate. The potential winner must complete this process within forty-eight (48) hours from the date of the Notification or the prize may be forfeited. In certain circumstances the winner may also be required to sign and return an affidavit of eligibility and publicity/liability release within seven (7) days of notification (or shorter time if required by exigencies) and may be disqualified if he or she fails to do so in which case an alternate winner may be selected. If a potential winner is found to be ineligible; is not in compliance with these Official Rules; declines to accept the prize; or if the Notification or prize is returned as undeliverable, the prize will be forfeited and, in the Sponsor’s sole discretion, will be awarded to an alternate winner selected from the remaining valid, eligible Entry Comments entered and judged during the Promotion Period. The prize will be emailed to the address set forth in the potential winner’s Notification response within 2 to 4 weeks from the date of verification. The prize may arrive earlier depending on availability. Sponsor will not be held responsible for any delays in awarding prizes for any reason.
4. HOW TO ENTER
A valid public Instagram account and internet access are required to enter this Promotion. You must follow @madisonreedllb on Instagram. During the Promotion Period, @madisonreedllb will announce the Promotion by posting the following to Instagram: one picture with a caption opening with #GIVEAWAY (“Promotion Post”). You must like and comment on the Promotion Post by tagging three friends who would love Madison Reed. Commenting multiple times on the same Promotion Post does not count as additional Entries and may disqualify you from entering the Promotion. To be valid, Entries must be received no later than August 12, 2017 at 11:59 PM PT.
One (1) winner will receive the following: (1) Fujifilm Instax Mini Camera, (2) $200 worth of Madison Reed product distributed via electronic gift card, (3) $200 gift card to Sephora. The aggregate retail value of all prizes to be awarded as part of the Promotion is $500. Actual value of prizes may vary and Sponsor will not award the difference between approximate and actual values. Prize fulfillment is based on availability and prize may differ from promotion images. Taxes on prize, if any, are solely the responsibility of the winner. Winners of a prize valued at $600 or more will receive a Federal Tax Form 1099. We recommend that you consult with your tax advisor if you have further questions. Sponsor reserves the right to substitute a prize of equal or greater value in its sole discretion, unless such substitution is prohibited by law. Sponsor may disqualify a winner and select an alternate winner if any prize is returned undeliverable. Prizes are non-transferable and not redeemable for cash. Sponsor need not substitute a prize based on the winner’s request. Terms and conditions of any vouchers or gift cards apply. Prizes are non-transferable and no cash or other substitution of prizes is permitted, except at the sole option of Sponsors for a prize of equal or greater value if the designated prize should become unavailable for any reason. Sponsors will not replace any lost or stolen prizes. Winners are solely responsible for any and all federal, state, provincial and local taxes, if any, that apply to prizes. The odds of winning a prize depend on the total number of eligible entries received.
Except where prohibited, by participating in the giveaway, entrant consents to the use of his or her name, photo and/or likeness, biographical information, entry and statements attributed to entrant (if true) for, publicity and promotional purposes in any and all media now or hereafter known, worldwide in perpetuity, including without limitation, inclusion in Sponsor’s newsletters, and Sponsor’s website at https://www.madison-reed.com, without further notice, permission and/or compensation.
7. SELECTION OF PROMOTIONS WINNERS
One (1) potential Winner(s) will be selected in a random drawing. The potential Winner will be selected from all eligible entries that took the required actions during the Promotion Period. Odds of winning will depend on the number of eligible entries received during the Promotion Period. The drawing will be conducted by Sponsor, whose decisions on all matters relating to the Promotions shall be final and binding. At the sole discretion of the Sponsor, disqualification, forfeiture and the selection of an alternate winner may result from any of the following: (1) failure to respond to a social notification on the channel that they initially submitted their entry within 4 (four) days after its transmission; (2) failure to provide Sponsor with satisfactory proof of age, identity and residency; (3) failure to execute and return an Affidavit of Eligibility/Liability/Publicity Release within seven (7) days after its transmission; (4) failure to validly claim the prize within fourteen (14) days); and (5) any other non-compliance with the Official Promotions Rules. In the event of a prize or giveaway forfeiture, the Sponsor may, in its sole discretion, award or not award the forfeited prize or giveaway to an alternate winner.
All taxes on the prize or giveaway, if any, and other expenses related to accepting and/or using a prize or giveaway not listed in these rules, are the sole responsibility of each winner. All prizes or giveaways will be awarded, provided that they are validly claimed by fourteen (14) days, after which no alternate winner will be selected, nor unclaimed prizes or giveaways awarded.
9. General Conditionsi
By entering the giveaway, you agree to be bound by these Official Rules. The giveaway is offered by Madison Reed, Inc. which is not responsible for (i) late, lost, delayed, damaged, postage-due, incomplete, illegible, misdirected or undeliverable entries, responses, or other correspondence, whether by e-mail or postal mail or otherwise; (ii) theft, destruction, unauthorized access to or alterations of entry materials; or (iii) phone, electrical, network, computer, hardware, software program or transmission malfunctions, failures or difficulties. All entries, as applicable, become property of Sponsor and none will be acknowledged or returned. In the event of a dispute over the identity of an online entrant, an Entry Comment will be deemed submitted by the "Authorized Account Holder" of the Instagram account used at time of entry. Authorized Account Holder means the natural person who registered for and maintains a Instagram account in accordance with all laws, rules, regulations and Instagram policies, guidelines, rules and procedures. Sponsor may ask any entrant or potential winner to provide Sponsor with proof that such party is the authorized account holder of the Instagram account associated with the Entry Comment. By participating in this giveaway, you further agree to waive, release, indemnify, defend and hold harmless Sponsor, Instagram, Inc. and each of their parents, affiliated companies and all subsidiaries and their directors, officers, employees, sponsors and agents, including advertising and promotion agencies, and assigns, and any other organizations related to the giveaway (together, the "Released Parties"), from and against, any claims, injuries (including death), loss, expenses or damages and/or liabilities of any nature that in any way arise in whole or in part from the acceptance, possession, use or enjoyment of a prize or parts thereof, participation in or operation of, the giveaway, or in any prize-related activity, including, without limitation: any (i) condition caused by events beyond Sponsor’s control that may cause the giveaway to be disrupted or corrupted, (ii) injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of the prize, or acceptance, possession, or use of the prize, or from participation in the giveaway, (iii) printing or typographical errors in any materials associated with the giveaway, (iv) electronic, network or computer failures or malfunctions, or other hardware, software or technical errors of any kind; and (v) any injury or damage to any person’ s computer related to, or resulting from, participation in the giveaway or for other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the giveaway.In no event will Sponsor be liable to you for any direct, special, incidental, exemplary, punitive or consequential damages (including loss of use, data, business or profits) arising out of or in connection with your participation in the promotion, whether such liability arises from any claim based upon contract, warranty, tort (including negligence), strict liability or otherwise, and whether or not Sponsor has been advised of the possibility of such loss or damage. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you. Any and all guarantees and warranties for merchandise prizes are subject to the manufacturers’ and/or service provider’s terms and conditions, and winners agree to look solely to such manufacturers and/or service providers for any warranty or guarantee claim. Prizes or giveaways are non-transferable and no substitution or cash equivalent is allowed except in Sponsor’s sole discretion. Sponsor reserves the right to substitute prizes of the same approximate retail value. For prizes $600 or more in value, winner’s social security number or taxpayer identification number will be required in order to issue a Form 1099-MISC showing prize approximate retail value (“ARV”) as income to winner. Prize or giveaway consists only of items specifically listed as part of the promotion. All costs and expenses not specified herein, related to any prize, including but not limited to delivery, installation, service activation fees and other expenses incurred by accepting the prize, are the sole responsibility of the Winner. Prizes or giveaways will be fulfilled within four (4) weeks of the drawing.
10. PARTICIPANT OBLIGATIONS
By entering, each entrant agrees to defend, indemnify, release and hold harmless Promotions Entities from and against any and all losses, demands, damages, rights, claims, actions and liabilities of any kind arising out of or related to (i) entrant's participation in the Promotions or (ii) entrant's participation in any prize or giveaway-related activities (including, without limitation, any property loss, damage, personal injury or death caused to any person(s)). The Winner(s) assume all liability for any injury, death, or damage caused, or allegedly caused, by participating in this Promotions or use or redemption of the prize or giveaway. Except where prohibited, each entrant agrees that: (i) any disputes, claims, and causes of action that may arise out of or connected with this Promotions shall be resolved individually, without resort to any form of class action; (ii) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, but in no event attorneys’ fees; (iii) no punitive, incidental, special, consequential, or other damages, including, without limitation, lost profits, may be awarded (collectively, “Special Damages”); and (iv) entrant hereby waives all right to claim Special Damages and all rights to such damages multiplied or increased. The Promotions shall be governed in all respects by the laws of the State of California without regard to the conflicts of laws principles of any jurisdiction. Venue with respect to any such disputes shall be had in the state and federal courts of the State of California. All taxes are the responsibility of the Winner(s), who may receive an IRS Form 1099 reflecting the final actual value of the prize, if applicable. By participating in Promotions, you agree that Sponsor and their respective parents, subsidiaries, divisions, affiliated companies, dealers, service agencies, independent contractors, advertising and promotion agencies, web hosting and service and fulfillment providers, and all of their respective officers, directors, employees, representatives and agents (collectively, “Released Parties”) will have no liability whatsoever for, and shall be held harmless by entrants against, any liability, for any injuries, losses or damages of any kind, including death, to persons, or property resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of a prize, giveaway or participation in promotions.
11. Additional Conditions
Sponsor reserves the right, in its sole discretion, to cancel, modify or suspend the giveaway in whole or in part, in the event of fraud, technical or other difficulties or if the integrity of the giveaway is compromised, without liability to you. The giveaway is subject to these Official Rules and all applicable federal, state, provincial and local laws and regulations apply. As stated above, the giveaway is void where prohibited or restricted by law. By participating in this giveaway, you acknowledge that you have these Official Rules and agree to abide by them and by the decisions of Sponsor, which are final and binding on all matters pertaining to the giveaway. These Official Rules are governed by the law of the State of California, without reference to rules governing choice of laws.
Any action, suit or case arising out of, or in connection with, this giveaway or these Official Rules must be brought in either the federal courts located in the Northern district of California or the state courts located in San Francisco County, California.
12. Personal Information
Sponsor will use the personal information it collects from entrants to facilitate their participation in the giveaway and as may be more specifically set forth in these Official Rules. In addition, Sponsor may use your personal information to contact you with information regarding Sponsor’s products and services. By participating in the giveaway, you consent to such collection and use of your personal information.
14. Winner’s List, Official Rules
For a list of prize winners, send your request and a stamped, self-addressed envelope to “How Did You Earn Your Gray’s?” giveaway, Madison Reed, Inc. 430 Shotwell Street, San Francisco CA 94110. Requests must be received within four (4) weeks of the end of the Promotion Period.
Madison Reed, Inc., 430 Shotwell Street, San Francisco, CA 94110