Gordmans & YMI Giveaway Official Rules
NO PURCHASE NECESSARY TO ENTER OR WIN. PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
THE GORDMANS & YMI GIVEAWAY (THE “SWEEPSTAKES”) STARTS 12:00:01 PM (CST) ON July 25, 2016 AND ENDS AT 11:59:59 PM (CST) ON August 7, 2016 (“SWEEPSTAKES PERIOD”). THIS SWEEPSTAKES IS INTENDED FOR VIEWING IN THE UNITED STATES ONLY AND SHALL ONLY BE CONSTRUED AND EVALUATED ACCORDING TO UNITED STATES LAW. OPEN TO U.S. LEGAL RESIDENTS OF THE 50 UNITED STATES AND THE DISTRICT OF COLUMBIA FOURTEEN (14) YEARS OF AGE OR OLDER AT TIME OF ENTRY AND WHO HAVE A VALID INSTAGRAM ACCOUNT. YOU ARE NOT AUTHORIZED TO PARTICIPATE IN THIS SWEEPSTAKES IF YOU ARE NOT LOCATED WITHIN THE UNITED STATES. THIS SWEEPSTAKES IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH, FACEBOOK. BY ENTERING THIS SWEEPSTAKES, YOU AGREE TO RELEASE INSTAGRAM OF ANY AND ALL LIABILITY ASSOCIATED WITH THIS SWEEPSTAKES.
To Enter: An Instagram account is required to enter the Sweepstakes. If you do not have an Instagram account, you may create one for free by going to https://www.instagram.com. To enter, post a photo on Instagram wearing your favorite pair of YMI jeans from Gordmans, tag @gordmans and @ymijeans and include #YMIxGordmansBTS in your post. By tagging Gordmans & YMI and including the hashtag in your Instagram post, you will receive one entry into the Sweepstakes. LIMIT of 5 entries per person per Instagram account per day. No photocopied, computer generated facsimiles, mechanically reproduced or mass entries will be accepted. Sponsor will not verify receipt of entries. Use of script, macro, or other automated systems to participate is prohibited and will result in disqualification. Sponsor and its advertising and promotion agency are not responsible for lost, late, illegible, incomplete, misdirected transmissions, or problems of any kind whether mechanical, human, or electronic.
Eligibility: Only open to residents of the 50 United States and the District of Columbia who are age 14 and older at time of entry. An eligible minor should obtain his/her parent’s or legal guardian’s permission prior to entering and by entering such minor certifies that he/she and his/her parent or legal guardian have read and understand these Official Rules. Employees of Earl Jean, employees of Gordmans, ETL Advertising ("Administrator"), and any of their respective parent companies, affiliates, franchisees and their employees, licensee, distributors, suppliers, subsidiaries, retailers, advertising/promotion agencies (collectively "Released Parties"), and members of their immediate family (spouse, parents siblings, children or "step" of each, regardless of where they reside) and/or those living in the same household of each (those persons whether related or not who live in the same residence for at least three months during the twelve-month period preceding the start date of this Sweepstakes) are not eligible to participate. All federal, state and local laws and regulations apply. This Sweepstakes is intended for viewing in the United States only and shall only be construed and evaluated according to the United States law. You are not authorized to participate in the Sweepstakes if you are not located within the United States.
Prize Details: Fourteen (14) prizes will be awarded during the Sweepstakes Period and one (1) grand prize. One (1) pair of YMI Jeans will be awarded to a winner each day of the giveaway. Approximate retail value of each daily prize is $30. The grand prize consists of twelve (12) pairs of YMI jeans for the winner. The approximate retail value of the Grand Prize is $360. The total approximate retail value of all prizes is $780. Limit of one prize per person and per Instagram account.
No prize substitutions allowed and no cash alternatives, in whole or in part, are available, except that Sponsor reserves the right to substitute a prize of equal or greater value as determined by Sponsor. Prize is non-transferable. By accepting prize, winners consent to the use of their name and/or likeness for advertising and publicity purposes worldwide without limitation and without additional compensation, except where prohibited by law. All federal, state or other taxes on prize are the winner’s sole responsibility. Limit one prize per household.
Drawing and Awarding of Prize: Potential winners will be determined in random daily drawings from all eligible entries received that posted a pair of YMI jeans that day. Daily entry period is defined as beginning at 12:00:01 am ET and ending at 11:59:59 pm ET. The last daily entry period shall be defined as beginning Sunday, August 7, 2016 at 12:00:01 am ET and ending on Sunday, August 7, 2016 at 11:59:59 am ET. The grand prize random drawing will be held on or about August 8, 2016. Odds of winning are determined upon the number of eligible entries received. Potential winners will be notified by Instagram message no later than on or about August 15, 2016. If potential winner cannot be reached or does not respond to the prize notification within three (3) calendar days from the first notification attempt, then such person shall be disqualified and a new winner will be chosen. Further, the winner and his/her parent/legal guardian, if applicable, may be required to complete, sign, and return an affidavit of eligibility, a liability release, and a publicity release within a stated amount of time. If the affidavit/releases are not received by the date stated on the notification, or if any notification is returned as non-deliverable, or if a potential Winner is found to be ineligible or not in compliance with these Official Rules, the potential Winner will be disqualified and a backup winner will be selected. The authorized account holder is the natural person assigned an email address by an Internet access provider, online service provider, Internet service provider or other organization responsible for assigning email addresses or personal accounts for the domain associated with the submitted address. Potential winners may be required to show proof of being the authorized account holder.
Publicity/Release: Winner agrees that (except where prohibited) Sponsor may use winner's name, picture, portrait, likeness and voice for advertising and promotional purposes without further compensation. By entering the Sweepstakes, each entrant, or if such entrant is a minor in the jurisdiction where he or she resides, then such entrant’s parent or legal guardian, agrees that: (a) he or she will abide by and be bound by these Official Rules; (b) the entry becomes solely the Sponsor’s property and will not be acknowledged or returned; (c) neither Sponsor nor the Administrator, nor any of their officers, directors, employees, agents or representatives are responsible for claims, injuries, death, losses or damages of any kind resulting from, in whole or in part, directly or indirectly, participation or inability to participate in the Sweepstakes, or the awarding, acceptance, use, misuse, possession, loss or misdirection of a Prize; (d) Sponsor is not responsible for any inability of the Winner to accept the Prize for any reason; and (e) Sponsor has the sole right to decide all matters relating to the Sweepstakes, including fact, interpretation, eligibility, procedure, fulfillment, and disputes from the Sweepstakes. Although Sponsor attempts to ensure the integrity of the Sweepstakes, neither Sponsor nor the Administrator are responsible for the actions of entrants or other individuals in connection with the Sweepstakes, including attempts by entrants or other individuals to circumvent these Official Rules or otherwise interfere with the administration, security, fairness, integrity or proper conduct of the Sweepstakes. Any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes, or any prize awarded shall be resolved individually, without resort to any form of class action. Any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred but in no event attorney's fees. Sponsor reserves the right, in its sole discretion, to cancel or suspend part or all of this Sweepstakes for any reason or should virus, bugs, non-authorized human intervention, fraud, technical failures or other causes beyond the control of the Sponsor corrupt or impair the administration, security, fairness or proper play of the Sweepstakes. If, for any reason, an entrant's entry is confirmed to have been erroneously deleted, lost or otherwise destroyed or corrupted, entrant's sole remedy is another entry in the promotion. In such event, Sponsor may, at its sole discretion, award prize in a random drawing from all eligible entries received up to the date of cancellation or suspension. Sponsor and its promotion and advertising agencies are not responsible for any human error, omission, interruption, defect or delay in transmission, transaction processing or communication; technical or mechanical malfunctions; failures or malfunctions of phones, phone lines, or telephone systems, printing errors in these Official Rules or any other advertising materials, failures of electronic equipment, computer hardware or software, or inaccurate entry information, whether caused by equipment programming used in this Sweepstakes, human processing error or otherwise; lost or unavailable network connections, fraud, incomplete, garbled or delayed computer transmissions, whether caused by the Sponsor, users or by any of the equipment or programming associated with or utilized in the Sweepstakes or by any technical or human error which may occur in the processing of submissions which may damage a user's system or limit a participant's ability to participate in the Sweepstakes. Sponsor may prohibit an entrant from participating in the Sweepstakes or winning a prize if, in its sole discretion, it determines that said entrant is attempting to undermine the legitimate operation of the Sweepstakes by cheating, hacking, deception, or other unfair playing practices (including the use of automated quick entry programs) or intending to annoy, abuse, threaten or harass any other entrants or Sponsor representatives. Sponsor reserves the right at its sole discretion to modify, suspend or terminate the Sweepstakes and select winners from all eligible entries received prior to action taken or as otherwise deemed fair and appropriate by Sponsor. Except where prohibited, by participating you agree to these Official Rules and to the decisions of Sponsor whose decisions are final and binding in all respects. Failure to comply with these Rules may result in disqualification.
Limitations of Liability: As a condition of entering the Sweepstakes, entrants agree that: (i) under no circumstances will entrants be permitted to obtain awards for, and entrants hereby waive all rights to claim, punitive, incidental, consequential, or any other damages, other than for actual out-of-pocket expenses; (ii) all causes of action arising out of or connected with this Sweepstakes or the Prizes awarded, shall be resolved individually, without resort to any form of class action; and (iii) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred and, in no event, shall entrant be entitled to receive attorneys’ fees or other legal costs. Any attempt by an entrant to deliberately damage the Sweepstakes or undermine the legitimate operation of the Sweepstakes may be in violation of criminal and civil laws and should such an attempt be made, Sponsor reserves the right to seek remedies and damages (including attorney’s fees) from any such entrant to the fullest extent of the law, including criminal prosecution. This Sweepstakes and these Official Rules shall be interpreted in accordance with the laws of the State of Nebraska, without regard to its principles of conflicts of law and jurisdiction, and venue shall be solely within the State of [State].
CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY'S FEES) FROM ANY SUCH ENTRANT TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
Miscellaneous: Entrants who violate these Official Rules are subject to disqualification. Sponsor is the sole arbiter of whether conduct by an entrant constitutes a violation of these Rules whose decisions will be final. By entering this Sweepstakes or accepting a prize, entrants agree to be bound by the decisions of Sponsor and these Official Rules and to comply with any federal, state and local laws and regulations.
Any information posted on or provided to Instagram may be used by Instagram in accordance with its terms and policies. Entrants should review Instagram’s policies prior to posting, submitting or sharing any information on Instagram. Each entrant, or if such entrant is a minor, then such entrant’s parents or guardians, agrees, except where prohibited by law, to release and discharge, hold harmless and indemnify the Sponsor and the Releasees and all other persons associated with the development and execution of the Sweepstakes, from any and all liability, claims, actions, proceedings, damages, expenses, fees, injury or loss sustained in connection with Instagram’s use of any information provided by entrant in connection with the Sweepstakes.
Sponsor reserves the right, in its sole discretion, to cancel or suspend all or part of the Sweepstakes for any reason, including but not limited to technical issues or failures, fraud, or attempts by parties to circumvent these Official Rules or otherwise unfairly jeopardize the integrity of the Sweepstakes. Sponsor may prohibit an entrant from participating in the Sweepstakes or winning a prize if, in Sponsor’s sole discretion, it determines that said entrant is attempting to undermine the legitimate operation of the Sweepstakes by cheating, hacking, deception or any other unfair practices, or is using the Sweepstakes in a way to annoy, abuse, threaten or harass any other entrants or the Sponsor.
Winners List/Rules: For a winner’s list or copy of the Official Rules, send a stamped, self-addressed envelope for receipt by [October 1, 2016] to 1926 South 67th St, Omaha, NE 68144, c/o Jennifer Bryan. Please specify rules or winner information.