"Abstract Silly Face Vase" Instagram Sweepstakes

 OFFICIAL RULES

 

NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED. VALID ONLY IN THE U.S. (EXCLUDING TERRITORIES). ENTRY IN THIS SWEEPSTAKES CONSTITUTES YOUR ACCEPTANCE OF THESE OFFICIAL RULES.

 

THESE OFFICIAL RULES CONTAIN AN ARBITRATION AGREEMENT, WHICH WILL, WITH LIMITED EXCEPTION, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST SPONSOR TO BINDING AND FINAL ARBITRATION. UNDER THE ARBITRATION AGREEMENT, (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST SPONSOR ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS.

 

While it involves interaction with social media platforms, this Sweepstakes is in no way endorsed, administered by, or associated with any social media platform. By entering the Sweepstakes, you understand that you are providing your information to Sponsor and not to social media platforms.

 

1) SWEEPSTAKES PERIOD: The Sweepstakes begins on July 22, 2021 and ends at 11:59 p.m. P.S.T on August 20, 2021 (“Sweepstakes Period”).

 

2) SWEEPSTAKES DESCRIPTION: Participants must follow the Down&Town instagram account (@downandtownshopping) and, on the "Abstract Silly Face Vase" Instagram Sweepstakes post, within the same comment, tag two (2) friends. Three (3) winners will be chosen at random from the comments to receive one (1) item from the Abstract Silly Face Vase product collection.

 

3) BINDING AGREEMENT: In order to enter the Sweepstakes, participants must agree to the Rules. Therefore, please read these Rules prior to entry to ensure you understand and agree. The Sweepstakes is subject to all applicable federal, state, and local laws and regulations. Participation in the Sweepstakes constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor’s decisions, which are final and binding in all matters related to the Sweepstakes. Winning a prize is contingent upon fulfilling all requirements set forth herein. You may not submit an entry to the Sweepstakes and are not eligible to receive the prize described in these Rules unless you agree to these Rules. These Rules form a binding legal agreement between you and Down&Town with respect to the Sweepstakes. Sweepstakes is void where prohibited by law.

 

4) ELIGIBILITY: The Sweepstakes is open only to persons who on the dates of entry are legal residents of the U.S. (excluding U.S. territories and Rhode Island), who are at least thirteen (13) years of age. If you are under eighteen (18) or under the age of majority in your state of residence, you must obtain consent from your parent/guardian to enter the Sweepstakes.

 

Employees, officers, directors and their immediate family members of Down&Town and each of their respective parent company(ies), subsidiaries, affiliates, agents, licensees, directors, officers and employees, suppliers, advertising and promotion agencies, legal and financial advisors, and any and all other companies associated with this Sweepstakes are ineligible to enter. For purposes of this Sweepstakes, "immediate family members" means parents, spouses, children, siblings, in-laws, grandparents as well as each of their spouses and household members, whether related or not.

 

5) HOW TO ENTER GUIDELINES: NO PURCHASE NECESSARY TO ENTER OR WIN. You must have the Instagram Application in order to participate. Instagram is free to download. Instagram account must be set to public during the Sweepstakes Period. You must on the "Abstract Silly Face Vase" Instagram Sweepstakes post, within the same comment, tag two (2) friends, and follow the Down&Town instagram account (@downandtownshopping).

 

LIMIT: Each entrant may only make one (1) entry into the Sweepstakes. Multiple entrants are not permitted to share the same Instagram account. Any attempt by any entrant to obtain more than the stated number of entries by using multiple/different Instagram accounts, identities, registrations and logins, or any other methods will void that entrant's entry and that entrant may be disqualified. Sponsor is not responsible for lost, late, incomplete, invalid, unintelligible or misdirected registrations, which will be disqualified. In the event of a dispute as to any registration or entry, the authorized account holder of the social media account used to register will be deemed to be the entrant. The "authorized account holder" of a social media account, is the natural person who registered for the profile. The potential winner may be required to show proof of being the authorized account holder, including but not limited to the proof issued by the social media platform.

 

6) PRIZE, WINNERS, AND ODDS: Odds of winning a prize will vary based on number of participants in the Sweepstakes. There will be a total of three (3) prize winners for the Sweepstakes Period that will receive one (1) item(s) from the "Abstract Silly Face Vase" collection (“Prize”). THE APROXIMATE RETAIL VALUE OF THE PRIZE: $34 USD to $72 USD. Prize is nontransferable. No cash alternative or prize substitutions allowed, except in Down&Town’s sole discretion. Prize may not be sold, bartered, or exchanged by the winner. Any details of any prize not specified herein shall be determined solely by Down&Town.

 

Winner is responsible for all federal, state and local taxes and fees associated with prize receipt and/or use. Prize will be awarded "as is" with no warranty or guarantee, either express or implied offered by Sponsor.

 

Limit: one (1) prize per person

 

7) SELECTION OF WINNERS: During the Sweepstakes Period, Down&Town will use a random number generator to choose a winner from the eligible participants in accordance with the Winners and Odds section above. Winner will be notified via Instagram direct message by April 12, 2018 and must respond within forty-eight (48) hours of being contacted. Failure of a winner to respond within forty-eight (48) hours of notification or failure to comply with any term or condition of these “Official Rules” including return of a parental consent form when necessary as requested by Down&Town, may result in disqualification and an alternate winner will be chosen for the next submission as determined by the representative. The representative will have complete discretion over interpretation of the Official Rules, of administration of the Sweepstakes, and of selection of the winner. Decisions of the representative as to the administration of the Sweepstakes, interpretation of the Official Rules, and the selection of the winner will be final.

 

8) PUBLICITY; INTELLECTUAL PROPERTY: Participants, upon submission of their entry to the Sweepstakes, hereby irrevocably grant to Down&Town, and each of their licensees, successors and assigns, the non-exclusive, perpetual, royalty-free, no-cost license and right to use and otherwise exploit the entry submitted as part of the Sweepstakes, and all images, text and materials depicted therein, in whole or in part, in any manner or medium now or hereafter known or devised (including, without limitation, CDs, streaming media, film, television, videocassettes, print, interactive devices, mobile media, Internet and on-line systems, digital billboards), throughout the universe and in any and all languages, including, without limitation, the right to display, reproduce, record, perform, exhibit, distribute, copy, edit, change, modify, add to, subtract from, re-title and adapt the same, to combine it with other material and otherwise use and exploit it. Down&Town, and each of their successors, assigns and licensees, will have the right to make unlimited derivative works therefrom, to assign or transfer any or all such rights and to grant unlimited, multiple-level sublicenses. Without limiting the forgoing, Down&Town will have the right to use the entries submitted as part of the Sweepstakes, and all images depicted therein (if any), in any merchandising, advertising, marketing, promotion or for any other commercial or non-commercial purpose.

 

Participants hereby forever waive and relinquish all so-called “moral rights” now or hereafter recognized in connection with entries submitted as part of the Sweepstakes. It is your responsibility to ensure that your submitted images do not infringe or violate the intellectual property rights or other rights of any third party or any laws. Participants’ images must not contain brand names, copyrighted material or trademarks, other than those owned by you or Down&Town. Participants agree that Down&Town shall have the sole discretion in determining the extent and manner of use of entries and are not obligated to use any entry. Participants agree not to issue any publicity concerning Down&Town. Participants agree that neither Down&Town nor their agents shall be responsible for returning or preserving of the entries submitted. All entries that are posted on Down&Town’s website, blog and social media may be available to be viewed by anyone with access to the Internet.

 

9) RELEASE OF LIABILITY: Each potential winner of the Sweepstakes may (in Down&Town’s sole discretion) be required to execute an affidavit of eligibility/release of liability agreement (the "Acceptance Release") and return the Acceptance Release before the winner is announced. If any potential prize winner fails or refuses to sign and return such Acceptance Release within 48 hours of the first notification attempt, such potential winner (in Down&Town’s sole discretion) may be disqualified and an alternate may (in Down&Town’s sole discretion) be selected. Parents or legal guardians of any winner under the age of majority in their state of residence (which is 18 in most states but is 19 in Alabama and Nebraska and 21 in Mississippi) may be required to also sign the Acceptance Release. If any potential prize winner is found to be ineligible, or if he or she has not complied with these Official Rules, he or she may be disqualified in Down&Town’s sole discretion, and an alternate potential winner may then, in Down&Town’s sole discretion, be selected by the representative. The Winner’s Acceptance Release is subject to verification by Down&Town.

 Down&Town is not responsible for and shall not be liable for late, lost, damaged, intercepted misdirected, or unsuccessful efforts to notify the potential winners, or if potential winner is a minor, for late, lost, misdirected, or unsuccessful efforts of potential winner to provide signed parental or guardian consent. When a potential winner is contacted, he/she will have 48 hours in which to respond to the notification, or he/she will be disqualified and an alternate potential winner may be selected. Down&Town will not be responsible if a potential winner changes his/her e-mail address or other contact information after he/she registers for the Sweepstakes, it is his/her sole responsibility to update his/her registration information notifying Down&Town. Failure to update such registration information may affect a potential winner’s ability to receive the proper notification and be able to respond in time.

 

IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE ANY AND ALL RIGHTS UNDER SECTION 1542 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.” You expressly waive and release any right or benefit which you have or may have under Section 1542 of the Civil Code of the State of California, to the full extent that you may waive all such rights and benefits pertaining to the matters released here. In connection with such waiver and relinquishment, you acknowledge that you are aware that you may hereafter discover claims presently unknown or unsuspected, or facts in addition to or different from those which you now know or believe to be true, with respect to the matters released herein; nevertheless, it is your intention through this release to fully and finally and forever settle and release all such matters and claims relative thereto, which do not exist, may exist or heretofore have existed between yourself and the Sponsor related to the Promotion. The release herein given shall be and remain in effect as a full and complete release of such claims and matters notwithstanding the discovery or existence of any such additional or different claims or facts relative thereto.

 

10) RELEASES, CONDITIONS, AND LIMITATIONS OF LIABILITY: By participating in the Sweepstakes, participant agrees to a) abide by the Official Rules and the decisions of Down&Town, which shall be final in all respects; b) release, discharge and hold harmless Down&Town and their respective parent company(ies), subsidiaries, affiliates, agents, licensees, directors, officers and employees, suppliers, advertising and promotion agencies, legal and financial advisors (collectively "Releasees"), from all liability, claims or damages including injury or death, arising out of their participation in the Sweepstakes and the acceptance, use or misuse of a prize. Subject to applicable law, winner irrevocably grants Down&Town and their designees the right and permission to use of their name, voice, likeness, and/or biographical information for advertising, promotion and publicity purposes without further compensation, and upon request will provide consent in writing to such use. Releasees are not responsible for and shall have no liability for printing or typographical errors in any Sweepstakes -related material; or for any stolen, late, lost, illegible, incomplete or misdirected entries; or for entries that are lost due to computer or electronic malfunction; or for any technical or human error which may occur in the processing of submissions, which may limit a participant’s ability to participate in the promotion. If for any reason Sweepstakes cannot be conducted as planned by reason of causes beyond the control of Down&Town, which, in the sole opinion of Down&Town, corrupt or affect the administration, security, fairness, integrity or proper conduct of Sweepstakes, Down&Town reserves the right in its sole discretion to cancel, terminate, modify or suspend Sweepstakes, and/or may conduct Sweepstakes and select the winner from among all entries received prior to the action taken. Further, Down&Town reserves the right to cancel or suspend this Sweepstakes, and cancel or refuse any entry or any individual winning the Sweepstakes. In the event Down&Town is prevented from continuing with the Sweepstakes by any event beyond its control, including, but not limited to, fire, flood, epidemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, communications or equipment failure, utility or service interruptions, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared), interference with the Sweepstakes by any party, or any federal state or local government law, order, or regulation, order of any court or jurisdiction, or other cause not reasonably within Down&Town’s control (each a “Force Majeure” event or occurrence) Down&Town shall have the right to modify, suspend or terminate the Sweepstakes. Down&Town reserves the right to amend these Official Rules at its sole discretion at any time and will use reasonable endeavors to notify material changes to participants and potential participants. In the event the Sweepstakes is terminated prior to the stated end date, Down&Town reserves the right but has no obligation to award the prizes.



11) ARBITRATION AGREEMENT; DISPUTE RESOLUTION BY BINDING ARBITRATION



PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS



Any and all disputes, claims and causes of action arising out of, or connected with Sweepstakes, shall be resolved individually exclusively through final and binding arbitration, without resort to any form of class action or litigation in court. As an alternative, you may bring your claim in your local "small claims" court, if permitted by that small claims court's rules and as long as such matter is only pending in that court. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. Any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Sweepstakes, but in no event attorney's fees. This dispute resolution provision will be governed by the Federal Arbitration Act. In the event the American Arbitration Association is unwilling or unable to set a hearing date within one hundred and sixty (160) days of filing the case, then either Down&Town 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 Terms of Use.



YOU MAY OPT OUT OF THIS AGREEMENT TO ARBITRATE. If you do so, neither you nor Down&Town can require the other to participate in an arbitration proceeding. To opt out, you must notify Down&Town in writing within 30 days of the date that you first became subject to this arbitration provision. You must use this address to opt out:



Down&Town,
ATTN: Arbitration Opt-out (Legal Department)
1208-500 Murray Ross Pky, North York, ON, Canada


You must include your name and residence address, the email address you use for your Down&Town account (if any), and a clear statement that you want to opt out of this arbitration agreement.



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 Down&Town.



12) Governing Law and Venue: The Sweepstakes and these Official Rules shall be construed and governed in accordance with the laws of the State of California. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of participants, Down&Town, or the Released Parties in connection with the Sweepstakes will be governed by and construed in accordance with the internal laws of the State of California, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other state’s laws.



Down&Town is not responsible for the actions of participants in connection with the Sweepstakes, including participants’ attempts to circumvent the Official Rules or otherwise interfere with the administration, security, fairness, integrity or proper conduct of the Sweepstakes. Persons found tampering with or abusing any aspect of this Sweepstakes, or whom Down&Town believes to be causing malfunction, error, disruption or damage may be disqualified. Additionally, any attempt to cheat the Sweepstakes, as determined at the sole discretion of Down&Town, may result in immediate disqualification of the participant, as well as other possible consequences, including disqualification from any and all existing and future Sweepstakes. CAUTION: Any attempt by a participant to undermine the legitimate operation of Sweepstakes may be in violation of criminal and civil laws and should such an attempt be made, Down&Town reserves the right to seek remedies and damages (including attorney's fees) from any such participant to the fullest extent of the law, including criminal prosecution. Down&Town reserves the right, at their sole and absolute discretion, to disqualify any individual who is found to be, or suspected of, acting in violation of these Official Rules, or to be acting in an unsportsmanlike, obscene, immoral or disruptive manner, or with the intent to annoy, abuse, threaten or harass any other person.



13) SPONSOR: Down&Town



14) WHO WON? For the name of the winner, please email mail@downandtown.com with the subject line: "Abstract Silly Face Vase" Instagram Sweepstakes



15) PRIVACY: Sponsor may use any of the participant’s personal information submitted in connection with this Sweepstakes per the terms of the privacy policy located at the bottom of the page at http://www.downandtown.com/