Allswell Home #BanTheBrunch Contest
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW.
1. HOW TO ENTER: The Allswell Home #BanTheBrunch Contest (the "Contest") begins at 6:00AM on Eastern Standard Time (EST) on Friday, May 4, 2018 and ends at 11:59PM EST on Sunday, May 13, 2018 ("Entry Period"). Sponsor's computer is the official time-keeping device for the Contest.
Method of Entry: To enter, during the Entry Period, each entrant ("Entrant") must: (i) follow @allswellhome on Instagram at www.instagram.com/allswellhome; (ii) post a photo or video on your personal public Instagram account of you and your kid(s) on your bed and tell us about your dream Mother's Day plan; and (iii) tag @allswellhome and include the hashtags #banthebrunch and #allswellcontest in the caption of the Instagram post (collectively, a "Submission"). Sharing an Instagram Story does not qualify as a Submission and is not an eligible entry. Multiple entries are eligible. Incomplete entries are void. Entries will not be acknowledged or returned. No other method of entry will be accepted.
The Contest is sponsored by Bonobos, Inc. for its Allswell business ("AllswellHome.com" or "Sponsor"). AllswellHome.com assumes no responsibility for lost, late, misdirected, illegible or mutilated entries or for any computer, online, telephone, cable, network, electronic or Internet hardware or software malfunctions, failures, connections, availability, garbled or jumbled transmissions, service provider, Internet, web site, or other accessibility or availability issues, traffic congestion, or unauthorized human intervention, or any technical malfunctions that may occur. Entrants shall be the authorized account holder of the Intagram account used to enter the Submission. "Authorized account holder" is defined as the natural person who is assigned to an Instagram account by Instagram, Inc.
2. ELIGIBILITY: This Contest is open only to legal residents of the 48 states and the District of Columbia in the contiguous U.S. (excluding residents of Alaska, Hawaii, Puerto Rico, Guam, Northern Marianas, the U.S. Virgin Islands, American Samoa, and other U.S. Territories) who are 18 years of age or older as of the date the Contest begins. Employees of AllswellHome.com, their parents, subsidiaries, affiliates and prize suppliers, and their immediate families (spouse, parents, children, siblings and their spouses) and individuals living in the same household as such employees are ineligible. This Contest is governed by the laws of the United States and is subject to all applicable federal, state, and local laws and regulations. Void in Alaska, Hawaii, Puerto Rico, Guam, Northern Marianas, the U.S. Virgin Islands, American Samoa, and all other U.S. Territories, and where prohibited by law. This Contest is sponsored by Sponsor and is in no way sponsored, endorsed or administered by, or associated with any social media platforming including, without limitation, Facebook and Instagram.
In entering the Contest, Entrants confirm that they are eligible to do so and eligible to claim a prize. Sponsor may require Entrants to provide documentation establishing that they are eligible to enter the Contest and substantiating their identity. Failure to provide such documentation in a timely manner may result in disqualification from the Contest.
Each Submission that is entered into the Contest must meet the following "Submission Requirements" (any Submission that, in Sponsor's sole and absolute discretion, violates the following criteria will be disqualified):
- Each Submission shall consist of only one (1) Instagram photo or video.
- The Submission must be the Entrant's original work and not contain any third party copyrighted material, nor any obscene, defamatory or illegal material. Be careful that your video and/or caption doesn't inadvertently contain another company's trademark, logo or intellectual property because that may cause your video to be disqualified. Examples to watch for: a trademark/logo on a baseball cap, sneakers or t-shirt.
- The Entrant should be able to provide on request all appropriate clearances, permissions and releases for the Submission, including releases from all persons referenced to, described in, appearing in the Submissions (in the event an entrant cannot provide all required releases, Sponsor reserves the right, in Sponsor's sole discretion, to disqualify the applicable Submission, or seek to secure the releases and clearances for Sponsor's benefit, or allow the applicable Submission to remain in Contest). By submitting a Submission, Entrant represents that he/she owns all rights to each element of his/her Submission, including, without limitation, the copyrights in the photo or video. If someone other than the Entrant captured the photo or video, Entrant further represents that he/she has obtained an assignment of rights from the third party that captured the photo or video. Sponsor's determination as to whether the photo or video violates the rights of any third party is final.
After the Entry Period, all eligible entries will be reviewed and judged by a qualified panel of three (3) judges who have the required knowledge and experience to apply the judging criteria as specified below (each, a “Judge;” collectively, the “Judges”) based on the following criteria: a) Creativity (30%); b) Originality; (30%); c) Style; (30%); and d) Evokes/recalls the spirit of the Contest (10%).
The judging period will commence on May 14, 2018 and end on May 17, 2018 (the “Judging Period”). At the end of the Judging Period, the Judges will select one grand prize winner (the “Grand Prize Winner”) and two second place winners (the “Second Place Winners”) (collectively, the “Winners”) from the eligible Submissions recieved during the Entry Period. The Winners will be notified on Instagram via the direct message feature. If a Winner does not respond to Sponsor within three (3) days following the date notice or attempted notice is sent, declines, fails to return any required documents, does not complete the verification process within five (5) days, or is otherwise not in compliance herewith, the prize may, in Sponsor's sole and absolute discretion, be forfeited and and an alternate Winner may be selected from the remaining eligible Submissions.
In the event of a tie in the Judging Period, the Submission with the higher score in the Creativity criterion will be deemed a Winner. If necessary to resolve a further tie, a winner will be determined by the highest score in the Originality criterion, and, if still tied, then the Style criterion will be used to resolve the tie and determine a Winner. Judges' scores will not be disclosed.
By participating, entrants agree to be bound by the Official Rules and the decisions of the Judges, which shall be final and binding in all respects. Odds of winning depend on the total number of eligible entries. All prizes will be awarded. Limit one prize per person, family or household.
4. PRIZES: The Grand Prize Winner will receive one Allswell mattress of their choice up to a value of $1,135 (Approximate Retail Value (“ARV”) = $1,135). The two (2) Second Place Winners will each receive a gift card for AllswellHome.com with a value of $500 each.
Total ARV of all prizes = $2,135.
The prizes cannot be exchanged for cash, and cannot be used in conjunction with any other promotion. Any difference between the stated ARV and the actual value of a particular prize will not be awarded in any form. Payment and reporting of income and other taxes (if any), as well as costs not expressly stated but which may be incurred in connection with the acceptance and use of a prize are the sole responsibility of each Winner. Sponsor is not responsible for any costs other than those expressly set out herein. Any prize details not specified herein will be determined by Sponsor in its sole discretion and Sponsor reserves the right, in its sole discretion, to substitute a prize of equal or greater value for any and all prizes. No other substitutions or transfer of prizes allowed unless specifically authorized by Sponsor. Prizes will only be delivered to addresses within the 48 states and the District of Columbis in the contiguous United States.
5. LIMITATIONS OF LIABILITY:
By participating in the Contest, each Entrant, on behalf of himself/herself, and his/her executors and heirs, agrees (a) to be bound and abide by these Official Rules and by all decisions of Sponsor, whose decisions are final and binding and not open to appeal; (b) to release, indemnify, defend and hold harmless Sponsor, Facebook, Instagram and other social media platforms, and each of its and their parents, subsidiaries, affiliates, members, shareholders, agents, representatives, employees, suppliers, agencies, successors, assigns, licensors, advertising or promotional agencies, prize suppliers and/or any prize-sponsoring agency (collectively, "Released Parties"), from any and all liability whatsoever in connection with or related to the Contest, including, without limitation, from any and all causes of action, liabilities, suits, claims (including but not limited to, third party claims that may be made against Entrant, and claims arising out of or relating to acceptance, receipt, possession or use/misuse of any prize, or any publicity or other public exposure of Entrant, including without limitation, claims concerning infringement or invasion of Entrant's privacy or publicity rights, or defamation, or acts undertaken in preparation for, or participation in, the Contest), cross-claims or counterclaims, costs, injuries, losses or damages or demands of any kind (including without limitation personal injuries, death, damage to, loss or destruction of property, rights of publicity or privacy, defamation, or portrayal in a false light) (collectively, "Claims"), WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF ANY OF THE RELEASED PARTIES; (c) that he/she has no right to bring, and covenants not to bring, any claim, action, or proceeding of any kind or nature whatsoever against the Released Parties; (d) to assume all risks, express or implied, associated with all Claims released above, including without limitation, all risks concerning entry into and participation in the Contest; and (e) that NONE OF THE RELEASED PARTIES HAVE MADE OR MAKE OR ARE RESPONSIBLE OR LIABLE FOR ANY WARRANTY, REPRESENTATION OR GUARANTEE, EXPRESS OR IMPLIED, RELATIVE TO THE CONTEST OR A PRIZE, AND ALL PRIZES ARE TENDERED ON AN "AS IS" BASIS. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE DESCRIPTION ON THE FACE OF ANY CONTEST MATERIALS OR ANY PRIZE.
AllswellHome.com is not responsible for any incorrect or inaccurate information, whether caused by web site users or by any of the equipment or programming associated with or utilized in the Contest or by any technical or human error which may occur in the processing of submissions in the Contest, including but not limited to any misprints or typographical errors. AllswellHome.com assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries. AllswellHome.com is not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line-systems, servers or providers, computer equipment, software, failure of e-mail or players on account of technical problems or traffic congestion on the Internet or at any web site or combination thereof, including injury or damage to participants or to any other person's computer related to or resulting from participating or downloading materials in this Contest. If, for any reason, the Contest is not capable of completion as planned, including by reason of infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures or any other causes beyond the control of AllswellHome.com which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Contest, AllswellHome.com reserves the right at its sole discretion to cancel, terminate, modify or suspend the Contest.
6. OWNERSHIP OF SUBMISSIONS AND INTELLECTUAL PROPERTY RIGHTS:
Sponsor does not claim any rights of ownership in any Submission.
Each Entrant agrees that Sponsor may make Submissions available on its website, its social media accounts, or any other media whether now known or invented in the future, and in connection with any publicity of the Contest, and acknowledges and agrees that the Released Parties have no control over such uses, postings or the statements, opinions, discussions, comments or otherwise made about the content of the Submission or the Entrant. Without limiting anything set forth above, each Entrant expressly releases the Released Parties from and against any actions, claims, injuries, losses or damages allegedly caused, directly or indirectly, by any such uses, postings or comments.
In consideration of participating in the Contest, each Entrant hereby grants Sponsor a royalty-free, irrevocable, perpetual, non-exclusive sub-licensable and transferable license to use, reproduce, modify, edit, publish, distribute, create derivative works from, and display the Submission in whole or in part, on a worldwide basis, and to incorporate it into other works, in any form, media or technology now known or later developed, for any purposes, including, without limitation, promotion and marketing. If necessary, an Entrant will sign any documentation that may be required for Sponsor or its designees to exercise the rights being granted by the Entrant to Sponsor in these Official Rules.
Each Entrant warrants that his/her Submission does not infringe any third party intellectual property rights and that s/he is entitled to grant the licence set out above. Sponsor is the owner or the licensee of all intellectual property rights its website and other media, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
Each Entrant agrees to the use of his/her and his/her children's names, voices, images, likenesses and biographical information by Sponsor for publicity and/or marketing purposes, throughout the world in all forms of media now known or hereafter developed, in perpetuity, without further compensation unless prohibited by law. Sponsor and its designees are not obligated to use any of the above mentioned information or materials, but may do so and may edit such information or materials, at Sponsor's sole discretion, without further obligation or compensation.
7. GENERAL CONDITIONS:
All federal, state, and local laws and regulations apply.
Winners may be required to execute and return an Affidavit of Eligibility/Release of Liability/Prize Acceptance Form within seven (7) days following notification. Return of any prize and/or prize notification as undeliverable or failure of any Entrant to comply with any Official Rules will result in disqualification and selection of an alternate winner. By accepting a prize, each Winner hereby grants Sponsor the right (except where prohibited by law) to use the Winner's name, likeness, biographical information, voice, and any statements or remarks made about the Contest and/or winning or participating in the Contest for advertising and promotional purposes (in any medium) without additional compensation.
Winners may be asked to consent to a background check to be eligible to receive a prize. If a potential Winner refuses to provide such consent, such potential Winner may be disqualified. Sponsor shall also have the right to disqualify any Entrant who commits, or has committed, any act, or is involved in, or has been involved in, any situation or occurrence, which in Sponsor's sole discretion, brings Sponsor into public scandal or ridicule, shocks or offends the community, detracts from the public image of Sponsor, or reflects unfavorably upon Sponsor.
In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any promotion and/or Contest materials and the terms and conditions of these Official Rules, these Official Rules shall prevail, govern and control.
Neither Sponsor nor its agents or representatives is responsible for (a) typographical errors, omitted details or any other errors submitted by any Entrant, or errors in the printing of these Official Rules, the administration or fulfillment of the Contest, or the announcement of prizes; (b) lost, late, illegible, incorrect, incomplete, misdirected, misaddressed, garbled or otherwise mutilated, stolen or delayed entries; (c) errors, omissions, interruptions, deletions, defects, destruction, theft or unauthorized access to, or alteration of entries or other problems (whether due to technical problems, human error or any combination thereof); (d) telephonic, mechanical, electronic, hardware or software program, network, Internet or computer malfunctions, communications line or other failures, or difficulties of any kind, including without limitation, server malfunction or by any human error which may occur in the processing of entries; or (e) any delay experienced by any Entrant due to (i) variations in the speed with which different electronic devices receive, send and otherwise process digital information or (ii) any other technical reason, whether due to the nature of digital systems or otherwise.
An Entrant's Submission will be disqualified, at the sole discretion of Sponsor, if he/she attempts to (a) enter the Contest through any means other than described in these Official Rules; and/or (b) disrupt the Contest, circumvent the terms and conditions of these Official Rules, or in any way tamper with a component of the Contest. Notwithstanding anything to the contrary contained in these Official Rules, Sponsor further reserves the right, in its sole discretion, to suspend, modify or cancel the Contest if it cannot be run as originally planned, including by reason of tampering, unauthorized intervention or fraud; infection by computer virus; malicious software attacks, bugs or other problems; or force majeure or other causes beyond the control of Sponsor which impair the integrity or corrupt the administration or security of the Contest. In such event, the Contest shall be conducted from among all eligible entries received prior to suspension, modification or cancellation, if any, prior to the date on which the event that compromised the Contest occurred.
Except where prohibited and subject to the releases and other provisions of these Official Rules, each Entrant: (1) agrees that any and all disputes, claims and causes of action arising out of or connected with the Contest or any prize shall be resolved individually, without resort to any form of class action, and exclusively by state or federal courts situated in New York, New York; (2) agrees that any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred and in no event shall include attorneys' fees associated with participation in the Contest; (3) agrees that no indirect, punitive, incidental, special, consequential or other damages, including without limitation, lost profits, may be awarded (collectively, "Special Damages"); and (4) waives all rights to claim Special Damages and all rights to have such damages multiplied or increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO A PARTICULAR ENTRANT(S).
The Contest and these Official Rules are governed by the laws of the State of New York, without regard to its conflicts of law rules.
CAUTION: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEB SITE OR 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 CONTESTANT TO THE FULLEST EXTENT PERMITTED BY LAW.
8. LIST OF WINNERS: For a list of winners, after June 1, 2018, mail a separate, self-addressed stamped envelope to: Allswell Home #BanTheBrunch Contest Winners, 45 W 25th St., New York, New York 10011.
10. SPONSOR: Bonobos Inc. for its Allswell business, 45 w 25th Street, New York, NY 10010.