BOSTON SNAPBACK COMPANY 2019 HOLIDAY GIVEAWAY
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT IMPROVE CHANCES OF WINNING.
THIS GIVEAWAY IS INTENDED FOR PLAY IN THE UNITED STATES ONLY AND, TO THE FULLEST EXTENT PERMITTED BY LAW, WILL BE GOVERNED BY U.S. LAW. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
General. The Boston Snapback Company 2019 Holiday Giveaway (the “Giveaway”) is sponsored by Boston Snapback Company, LLC, of South Boston, MA ("Sponsor"). The Giveaway is subject to these Official Rules and to all applicable laws. Void where prohibited or restricted by law. The Giveaway is in no way sponsored, endorsed, or administered by Instagram.
Eligibility. This Giveaway is open to legal residents of the 50 United States and the District of Columbia who are over the legal age of majority in their jurisdiction of residence at the time of entry and who have a non-private Instagram account and follow Boston Snapback Company on Instagram. If you do not have an Instagram account, go to www.instagram.comor download the free Instagram mobile app and follow the instructions to create an Instagram account. Creating an Instagram account is free, but you must agree to the Instagram Terms of Service, including privacy and data gathering practices, in order to create an Instagram account and use the Instagram service. Employees of Sponsor, its affiliates, parent company, subsidiaries, prize providers and advertising and promotion agencies (the “Giveaway Entities”), together with the immediate families (spouses, parents, siblings, and children) and those persons living in the same household as such employees (whether or not related), are not eligible to win.
Entry Period. The entry period (“Entry Period”) is from December 13, 2019 through December 14, 2019. Sponsor’s (or Sponsor’s designated representative's) computer is the official timekeeper for the Giveaway.
How to Enter. To enter, you must have a non-private Instagram account, follow @Bostonsnapbackco on Instagram, and post the Entry Content during the applicable Entry Period. Limit one (1) entry per person Entry Period. Your Entry Content must consist of tagging one (1) friend in a comment to the Entry Post. Any other form of entry is void. You must post only the required Entry Content. Do not add your own content. Adding any content to your post other than the required Entry Content will result in disqualification of the applicable post. In the event of a dispute over the identity of an entrant, the authorized account holder of the email address or Facebook account used to set up the Instagram account will be deemed to be the entrant. The authorized account holder of an email address shall mean the natural person assigned to such account by the Internet access provider, online service provider, or other organization responsible for assigning email addresses for the domain associated with such account. The authorized account holder of a Facebook account is the natural person reflected in Facebook’s records as registering the account. The potential winner may be required to provide identification and other verification sufficient to show that he/she was the authorized account holder of such email address or Facebook account.
All entries become the property of Sponsor and will not be returned to entrant. Automated and/or repetitive electronic submission of entries (including but not limited to entries made using any script, macro, bot or Giveaway service) will be disqualified and transmissions from these or related email or IP addresses may be blocked. Use of multiple Instagram accounts to enter will result in disqualification. All entries must be received and recorded during the applicable Entry Period to be eligible.
Please note that any normal Internet access and usage charges imposed by your Internet service provider will apply. If you use a mobile device to access or use Instagram, your wireless service carrier’s standard charges, data rates and other fees may apply. You understand that by participating in this Giveaway via mobile phone, if you are a potential winner, the Sponsor may contact you via mobile phone, which may be subject to charges pursuant to your carrier’s rate plan.
By entering, you give Sponsor permission to publish your entry, including your name and/or Instagram username, in any publicity or advertisement carried out by or on behalf of Sponsor in any manner or medium whatsoever, including print, broadcast, or the internet.
Prize. There is one prize per Entry Period, as follows:
One (1) Boston Snapback Company “Post-Game Snapback”, in black colorway.
Any difference between the stated ARV and the actual value of the prize will not be awarded. Winner is responsible for all other expenses associated with receipt and use of a prize (other than delivery to winner’s shipping address).
The prizes will be considered compensation to the winners. All applicable taxes associated with and applicable to receipt or use of a prize (if any) are the sole responsibility of winner. Please note that there is no cash award associated with any prize.
Each potential winner is subject to verification, including verification of residence. If a potential winner fails to do so, that potential winner will be disqualified and their prize will be forfeited.
Winner Selection and Notification. Each winner will be selected by random drawing by Sponsor or Sponsor’s representative from all eligible entries received during the applicable Entry Period. Decisions of Sponsor or Sponsor’s representative are final and binding. Limit one prize per household. The drawing will take place at approximately 6:00 p.m. Eastern Time on the applicable Entry Period. The Instagram username of the potential winner for each Entry Period will be announced in a comment or story on the applicable Entry Post (the “Winner Announcement Post”), along with instructions to contact Sponsor. If a potential winner does not respond to the Winner Announcement Post within 24 hours of the first notification attempt, that potential winner will be disqualified, and an alternate potential winner will be selected by random drawing from the remaining eligible entries for the applicable Entry Period. If a potential winner is found to be ineligible, does not or cannot comply with these Official Rules, or if the prize notification is returned as undeliverable, the potential winner will be disqualified and an alternate potential winner will be selected by random drawing from the remaining eligible entries for the applicable Entry Period; provided, however, that if Sponsor has been unable to successfully notify a qualified potential winner for an Entry Period after Sponsor has attempted to notify five (5) potential winners, Sponsor may elect not to award the prize for that Entry Period.
Prizes will be shipped to the winner at Sponsor’s expense, to a residential mailing address provided by winner. It is winner’s sole responsibility to make sure that Sponsor has accurate address information for winner.
Please note that no entrant is a winner of a prize unless and until such entrant’s eligibility has been verified and Sponsor has confirmed such verification to the winner, even if that entrant’s name has been publicly posted as a winner prior to completion of the verification process.
THIS GIVEAWAY IS SUBJECT TO ALL APPLICABLE LAWS AND REGULATIONS. Further, entrants’ participation in the Giveaway is subject to the laws of their country of residence. To the extent permitted by applicable law:
- Once finally awarded in accordance with Section 6 above, prizes are non-transferable; no substitutions or exchanges by winner are permitted. Sponsor reserves the right, in its sole discretion, to substitute one or more elements of a prize for a prize of equal or greater value. Prizes may not be redeemed for cash value. Any difference between the ARV of a prize as stated in these Official Rules and the actual value of a prize will not be awarded. All other expenses on the receipt and use of a prize not specifically mentioned herein are solely the responsibility of the winner.
- Sponsor has not made and is not responsible for, and hereby disclaims, any representation, warranty or guaranty, express or implied, in fact or in law, relative to the prize, to the fullest extent permitted by law.
- By participating in the Giveaway, each entrant agrees for entrant and for entrant's heirs, executors, and administrators to release and indemnify and hold the Giveaway Entities and Instagram and their respective officers, directors, employees and representatives harmless from any and all losses, damages, rights, claims, and actions of any kind in connection with the Giveaway. By participating in this Giveaway, each entrant agrees to abide by and be bound by these Official Rules, and to waive any right to claim any ambiguity or error herein or in the Giveaway itself, and to be bound by all actions of the Sponsor and/or Sponsor's representative, whose decisions are binding and final on all matters related to this Giveaway.
- By accepting any prize, a winner grants to Sponsor the right to use his/her name, likeness, hometown and biographical information, for any lawful purpose (including but not limited to advertising and promotion), in perpetuity, in any media now known or hereafter developed, without further permission or compensation, except where prohibited by law. By accepting any prize, each winner agrees for himself/herself and for their heirs, executors and administrators to release and indemnify and hold the Giveaway Entities, Instagram, and their respective officers, directors, employees and representatives harmless from any and all liability for any loss, harm, damages, costs or expenses, including without limitation property damages, personal injury and/or death, arising out of participating in this Giveaway, or the acceptance, possession, use or misuse of any prize, or while preparing for, participating in and/or traveling to or from any prize related activity and claims based on rights of publicity, rights of privacy, defamation or prize delivery.
Nothing in these Official Rules limits, excludes or modifies or purports to limit, exclude or modify any statutory consumer guarantees as provided under applicable consumer protection laws in an entrant’s country of residence (“Non-Excludable Guarantees”). Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, Sponsor assumes no responsibility or liability for (a) any incorrect or inaccurate registration or entry information, or for any faulty, failed, garbled or jumbled electronic data transmissions; (b) any unauthorized access to, or theft, destruction or alteration of entries at any point in the operation of this Giveaway; (c) any technical malfunction, failure, error, omission, interruption, deletion, defect, delay in operation or communications line failure, regardless of cause, with regard to any equipment, systems, networks, lines, satellites, servers, computers or providers utilized in any aspect of the operation of the Giveaway; (d) inaccessibility or unavailability of the internet, the Instagram service, or any combination thereof, or any change in Instagram’s terms of service or service offerings; (e) anyone being incorrectly and/or mistakenly identified as a winner or eligible winner; or (f) any injury or damage to participant’s or to any other person’s computer or mobile device which may be related to or result from any attempt to participate in the Giveaway.
Sponsor reserves the right, in its sole discretion, to modify, cancel or suspend this Giveaway (or any portion of the Giveaway) as appropriate in the circumstances, should any cause or problem corrupt or inhibit the administration, fairness, security or proper operation of the Giveaway and, in such situation, to select the winners in such manner as deemed fair and appropriate by Sponsor. If, in the Sponsor's opinion, there is any suspected or actual evidence of tampering with any portion of the Giveaway, or if technical difficulties compromise the integrity of the Giveaway, Sponsor reserves the right to void suspect entries and/or terminate the Giveaway (or any portion of the Giveaway) and select a winner using all known eligible non-suspect entries received as of the date of termination. Sponsor may prohibit entrant from participating in the Giveaway or winning a prize if, in its sole discretion, it determines entrant is attempting to undermine the legitimate operation of the Giveaway by cheating, deception, or other unfair practices or intending to annoy, abuse, threaten or harass any other entrant or Sponsor’s representatives. Any attempt by an entrant to deliberately undermine the legitimate operation of the Giveaway is a violation of criminal and civil laws, and should such an attempt be made, Sponsor reserves the right to seek damages from any such entrant to the fullest extent permitted by law. Sponsor is not responsible for typographic or printer's errors. In no event will more than the number of prizes stated in these Official Rules be awarded. The Sponsor reserves the right, at any time, to verify the validity of entries and entrants (including an entrant’s identity, age and place of residence) and reserves the right, in its sole discretion, to disqualify any individual who the Sponsor has reason to believe has breached any of these Official Rules tampered with the entry process or engaged in any unlawful or other improper misconduct calculated to jeopardise fair and proper conduct of the Giveaway. Errors and omissions may be accepted at the Sponsor’s discretion. Failure by the Sponsor to enforce any of its rights at any stage does not constitute a waiver of those rights. The Sponsor’s legal rights to recover damages or other compensation from such an offender are reserved.
- WAIVER. BY PARTICIPATING IN THIS GIVEAWAY, ENTRANTS AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, (1) ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE GIVEAWAY, OR ANY PRIZES OR OFFERS AWARDED, SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS INCURRED, INCLUDING COSTS ASSOCIATED WITH ENTERING THE GIVEAWAY, BUT IN NO EVENT WILL ATTORNEY’S FEES BE AWARDED OR RECOVERABLE; AND (3) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES AND/OR ANY OTHER DAMAGES (OTHER THAN ACTUAL OUT-OF-POCKET EXPENSES) AND/OR ANY AND ALL RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE FOREGOING MAY NOT APPLY TO EVERY ENTRANT.
Governing Law.TO THE FULLEST EXTENT PERMITTED BY LAW, THIS GIVEAWAY SHALL BE GOVERNED BY THE LAWS OF THE STATE OF MASSACHUSETTS, USA, WITHOUT REGARD TO ITS CONFLICT OF LAWS RULES. TO THE FULLEST EXTENT PERMITTED BY LAW, VENUE FOR ANY ACTIONS HEREUNDER SHALL BE IN THE APPROPRIATE STATE OR FEDERAL COURT LOCATED IN SUFFOLK COUNTY, MASSACHUSETTS, USA.
Sponsor. Boston Snapback Company, LLC, South Boston, MA 02127.