I. SWEEPSTAKES TERMS & CONDITIONS
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.
By participating in any social media giveaway between 5/28/2020 and 6/30/2020 (the "Sweepstakes") promoted by @maskins.co (the "Official Instagram Account") or through one of our influencers, you agree to these Official Rules, which are a contract, so read them carefully before participating. This sweepstakes is created and sponsored by Maskins, Maskins.co (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 and any sponsored posts from affiliated influencers and from time to time, in the discretion of Maskins ("Sponsor"). You must follow the directions provided by the Official Instagram Account and any sponsored posts from affiliated influencers 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 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 Maskins, 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: You may enter any Sweepstakes by following any of the entry methods on each specified page. Methods of entry including viewing our social media pages, and or submitting an email. You are allowed to complete each method once which will give you one (1) entry into that Sweepstakes.
3. WINNER(S) NOTIFICATION, REQUIREMENTS, AND GRANT OF RIGHTS: Maskins, using the @maskins.co Instagram account or a @Maskins.co branded email address, will notify the Winner via Direct Message to the potential winner’s Instagram account (in the sole discretion of the Sponsor) or via Email to the potential winner's Email address provided at the time of entry (the “Prize Notification”). To claim the Prize, Winner must respond to the Notification within seventy-two (72) hours. Winner 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.
4. PRIZES: There shall be two (2) winners awarded during the Entry Period (the "Prize") consisting of either one online gift card to each winner for Maskins.co in the amount specified on the Sweepstakes page. 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.
5. NAME OF WINNER(S): The Winners will be announced and the Winners' names will be made available on the Official Instagram Account.
6. DISCLAIMER: The Sweepstakes is in no way sponsored, endorsed or administered by, or associated with, Instagram or Facebook and in no instance shall Instagram, Facebook, and its subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, officers and directors (all of the foregoing, the "Social Media Parties") be liable for any disputes, claims, causes of action or controversies arising out of or in connection with The Sweepstakes.
7. 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.
8. 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 or Facebook account by www.facebook.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 Los Angeles, California 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 Los Angeles, California, applicable to contracts entered into and performed exclusively in that State.
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.
SPONSOR: The Sponsor of this Maskins (Maskins.co), an online apparel brand based in Los Angeles, California. All rights reserved.