FABLETICS GirlUp T-Shirt Design Vote Donation Official Rules OFFICIAL RULES
Voting donation is valid from 4/10/2019 10:00 AM PST through 4/10/2019 11:59 PM PST. Fabletics will donate any amount (after taxes and before discounts) with a maximum of $10,0000 to the U.N. Foundation’s Girl Up initiative. No purchase necessary. Valid on orders from U.S., Canada and Australia only.
OFFICIAL RULES. The following are the official rules (“Rules”) for the GirlUp T-Shirt Design Vote Donation (the “Donation”). In order to enter, you must agree to these Rules. You agree that submission of an entry form and/or participation in the vote constitutes your agreement to these Rules.
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY. ALL FEDERAL, STATE AND LOCAL LAWS AND REGULATIONS APPLY. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
1. Eligibility: The Voting is open only to legal residents of the contiguous forty-eight (48) states of the United States, Canada and Australia.
- Sponsor: This promotion is sponsored by Fabletics, LLC, a Delaware limited liability company with its principal place of business at 800 Apollo St., El Segundo, CA 90245 (“Sponsor”).
3. Timing: The Voting begins at 04/10/2019 10:00 AM PST through 04/10/2019 11:59 PM PST (“Voting Period”).
4. Entry: To enter during the Voting Period, participants must: (1) Vote for their favorite T-shirt design via Instagram Story. No more than one (1) person can enter using the same Instagram account. Use of any automated system to participate is prohibited and will result in disqualification. The Vote is not sponsored by Instagram, Inc.
5. Entry Errors: Sponsor is not responsible for lost, late, incomplete, damaged, stolen, invalid, unintelligible or misdirected entries, which will be disqualified. Sponsor is not responsible if online service or equipment is interrupted including without limitation (1) interruptions to any network, server, Internet, Web site, telephone, satellite, computer or other connections, (2) failures of any telephone, satellite, hardware, software or other equipment, (3) garbled, misdirected or jumbled transmissions, or traffic congestion, (4) other errors of any kind, whether human, technical, mechanical or electronic, (5) the incorrect or inaccurate capture of information or the failure to capture any such information, or (6) printing or typographical errors.
- Acceptance of Official Rules: As a condition of entry, participants fully and unconditionally agree to these Official Rules, to the Terms and Conditions of Prize Drawings and to Sponsor’s decisions, which are final and binding in all respects. Sponsor’s failure to enforce any provision of these Official Rules shall not constitute the waiver of such provision.
7. Liability: You agree that Sponsor and each of its respective parent, subsidiaries and affiliates and all its advertising and Sweepstakes agencies, as well as Instagram, Inc. and its prize partners (the “Released Parties”), will have no liability whatsoever in connection with this Donation and, you shall hold them harmless for any injuries, losses or damages of any kind that you or others may incur as a consequence of your participation in the Vote or your acceptance, use or misuse of the prize. By entering the Vote, Entrant explicitly releases, discharges and holds harmless the Sponsor, their and each of its successors and assigns and all its respective shareholders, directors, officers and employees, as well as Instagram, Inc. and its prize partners, one and all, from any and all liability, actions, causes of action, damages, actual, incidental or consequential, claims and demands whatsoever in law or equity, including attorneys’ fees and/or experts fees and costs, which he/she now has or may acquire, by reason of any personal injury, death, loss of or damage to property, or any reason, occurring during or arising out of his/her participation in the Vote and the acceptance and use or misuse of the prize. The Released Parties are not responsible for any injury or damage to persons or property, which may be caused, directly or indirectly, in whole or in part, from Entrant’s participation in the Vote or receipt or use or misuse of the Prize.
8. Conditions of Participants’ Conduct: Sponsor reserves the right in its sole discretion, to modify, cancel, terminate, and/or suspend the donation and to disqualify any individual who tampers with the entry process, violates these Official Rules, or acts in a disruptive or unsportsmanlike manner. Without limiting the foregoing, Sponsor may lock out any Entrant who, in Sponsor’s sole judgment, has been disqualified, has questionable eligibility or is otherwise ineligible to enter.
9. Disputes/Choice of Law: Except where prohibited, each Entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Donation or the awarding of the Prizes shall be resolved individually, without resort to any form of class action, and exclusively by state or federal courts situated in State of California (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, but in no event attorneys’ fees; and (3) no punitive, incidental, special, consequential or other damages, including without limitation, lost profits, may be awarded (collectively, “Special Damages”), and (4) Entrant hereby waives all rights to claim Special Damages and all rights to have such damages multiplied or increased. California Law, without reference to choice of law rules, governs the Donation and all aspects related thereto.
10. Indemnification: TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU HEREBY AGREE TO INDEMNIFY, RELEASE AND HOLD HARMLESS SPONSOR AND EACH OF ITS RESPECTIVE PARENT, AFFILIATES, AND SUBSIDIARIES AND EACH OF THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, LICENSEES, SUCCESSORS, REPRESENTATIVES AND AGENTS AT ALL TIMES FROM AND AGAINST ANY AND ALL CLAIMS, ACTIONS, LOSSES, LIABILITIES, DAMAGES, PROCEEDINGS, COSTS (INCLUDING ATTORNEYS’ FEES) AND EXPENSES FOR ANY INJURY, DAMAGE OR LOSS CAUSED OR CLAIMED TO BE CAUSED, BASED UPON, OR ARISING FROM THE ACCEPTANCE, POSSESSION, USE OR MISUSE OF THE PRIZE OR ANY PART OF THE PRIZE, ENTERING THE SWEEPSTAKES, PARTICIPATION IN THE SWEEPSTAKES, OR PARTICIPATION IN ANY PRIZE RELATED ACTIVITY OR EVENT.
In no event shall Sponsor be liable to a Winner or Entrant for any indirect, incidental, consequential, special or punitive damages of any kind, whether in contract, tort, negligence, strict liability, statutory or any other theory of liability arising from or related to the Vote, or any aspect of Winner’s or Entrant’s participation in or termination from the Vote as provided herein, even if Sponsor has been advised of the possibility of such damages. In no event shall Sponsor be liable to a Winner or Entrant for any amount with respect to Winner’s or Entrant’s participation in or disqualification from the Vote, or from the termination or cancellation of the Vote. To the extent permitted by law, the rights to litigate, seek injunctive relief or to any other recourse to judicial or any other procedure in case of disputes or claims resulting from or related to the Vote are hereby excluded, and you expressly waive any and all such rights.
In any section, provision, term or clause shall be held or found to be unenforceable or invalid by a court decision, statute, rule or otherwise, the remaining provisions shall not be affected thereby and shall continue in full force and effect and such provision may be modified or severed from these Rules to the extent necessary to make such provision enforceable and consistent with the remainder of these Rules.
11. General: This Donation is governed by the laws of the State of California, United States. All federal, state and local laws and regulations apply. By entering and participating in the Donation, you agree to be bound by these Rules and by Sponsor’s decisions, which are final and binding on all matters relating to the Donantion. Entrants are required to provide accurate, valid and truthful information at all times. Sponsor will reject and delete any Entry that it discovers to be false, fraudulent, illegal or deceptive and will disqualify any entrant who tampers with the Entry process, the operation of the Vote, or is otherwise in violation of the Rules. Sponsor is not responsible for electronic transmission errors which result in the omission, interruption, deletion, defect, destruction, alteration, and/or delay of any Entry. Sponsor is not responsible for any technical, network, electronic, computer, hardware and/or software malfunction, problem, incompatibility, congestion or failure of any kind. Sponsor reserves the right to cancel, terminate or modify the Vote at any time, in its sole discretion, if the Vote is not capable of completion as planned, including without limitation, the lack of Entry submissions, incomplete Entries, computer viruses, bugs, tampering, unauthorized intervention or technical failures of any sort, without notice. Upon cancellation or termination of the Vote for any reason, Sponsor shall have no obligation to award prizes or compensation of any kind.
By submitting an Entry and participating in the Vote, you represent and warrant that (i) your Entry is original and that you are the sole and exclusive owner and rights holder of the submitted Entry, or you have obtained the necessary permission to include the Entry in the Vote, and that you have the right and authority to submit the Entry in the Vote; (ii) your Entry does not violate any third party intellectual property or proprietary rights; and (iii) you are otherwise not in violation of any applicable laws, rules and/or regulations.
By submitting an Entry and participating in the Vote, you agree and hereby grant Sponsor and its parent, subsidiaries, affiliates, agents, employees, successors, and/or related entities (collectively herein “Sponsor Entities”) an absolute unrestricted, non-exclusive, royalty-free, irrevocable, worldwide, perpetual, and transferable license and permission to use, store, copy, modify, publish, distribute, copyright, broadcast, display, combine with other materials, edit, alter, and/or reproduce your Entry, including but not limited to your name, handle, likeness, voice, image, video, story and photos (“User Content”), for any purpose, including but not limited to marketing, media, editorial, commercial, advertising, promotional and/or publicity purposes, in any form of media anywhere in the world, including but not limited to its webpages, social media platforms, third party websites, digital and physical owned channels, without geographic or time limitation or further payment, compensation, notice or approval to you, except where prohibited by law. You also agree to participate in any marketing, media, editorial, commercial, advertising, promotional and/or publicity activity related to the Vote. You agree to provide affidavits to Sponsor Entities upon request for the purpose of complying with legal and/or broadcaster requirements concerning eligibility or the use of designs and/or testimonials in advertising.
15. INSTAGRAM DISCLOSURE: You are providing your information to Sponsor and not to Instagram. This Donation is in no way sponsored, endorsed or administered by, or associated with, Instagram. By participating, you hereby release and hold harmless Instagram from any and all liability associated with this Donation.