Gordmans Holiday Home Décor Gift Card Giveaway Contest Official Rules

NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.

SPONSOR: Specialty Retailers, Inc. dba Gordmans (“Sponsor”), 2425 West Loop South, Houston, TX 77027.

ELIGIBILITY: The Gordmans Holiday Home Décor Gift Card Giveaway Contest  (the “Contest”) is open to legal residents of the fifty (50) United States and the District of Columbia, excluding Rhode Island, (the “Territory”), who are at least 18 years of age, or the age of majority in his/her jurisdiction of residence, as of date of entry. The following individuals are not eligible to participate in the Promotion: employees, officers, directors, and agents of Sponsor (including employees of Stage, Bealls, Gordmans, Goody’s, Palais Royal, and Peebles) and its parent and affiliate companies and subsidiaries, sales representatives, distributors, vendors, suppliers, promotion agencies, contractors, advertising and fulfillment agencies; any and all other companies associated with this Promotion; and the immediate family (spouse or domestic partner, parents, siblings, children, and all of their respective spouses or domestic partners) and household members of any individuals who are not eligible.  Eligibility is contingent upon compliance with these Official Rules and fulfilling all requirements set forth herein and participation in this Promotion in any way, including submission of any entry or the partial completion of any act of entry, or any other steps taken to participate in the Promotion in any manner, constitutes full and unconditional agreement with all provisions of these Official Rules.  Limit one (1) entry per person for each week of the Contest, as detailed below. Sponsor’s decisions are final and binding in all matters related to the Contest. Winning is contingent upon fulfilling all requirements set forth herein. Void in Rhode Island, Puerto Rico, the U.S. Virgin Islands, Guam, other U.S. territories, and where otherwise prohibited by law, and where prohibited or restricted by law.

To participate in the Contest, an eligible entrant (“Entrant”) must already have or create an account on Instagram®. Entrants may create an Instagram account or download the Instagram application on their mobile devices to register for Instagram at no cost via http://instagram.com. Creation of an Instagram account requires Entrant to agree to Instagram’s Terms of Use and Privacy Policy. This Contest is in no way sponsored, endorsed or administered by, or with, Instagram.

If an Entrant accesses Instagram on his/her mobile device to enter this Contest, the Entrant’s wireless service provider may charge the Entrant for applicable data charges. Entrants should consult their wireless service provider regarding its pricing plans. Message and data rates may apply. Entrants should review their mobile device’s capabilities for specific mobile application instructions.

HOW TO ENTER: The Contest period begins on November 1, 2017 and ends on November 30, 2017 (“Contest Period”). The Contest consists of five (5) separate weekly giveaways. Each weekly giveaway in the Contest ends on Sunday 11:59 PM EST, except for the last week, which ends at 11:59 PM, November 30, 2017.  Any entries received after that time will count toward the next week’s giveaway.  Entrants may enter once per week; multiple entries will be disqualified.  Entries that do not win will not count for subsequent weekly giveaways.  Winners will be selected on each Monday of the Contest, and further described below.

An Entrant must logon to his/her Instagram account, and post a new photograph of home décor purchased at Gordmans, and tag it with #gotitatgordmans and #sweepstakes to receive one (1) entry (each an “Entry”). An Entrant must have a non-private Instagram account to enter the Contest. Due to the way Instagram operates its service, Sponsor may not receive Entries from Entrants with “protected” updates (i.e., an Entrant has set his/her account so that only people the Entrant has approved can view his/her updates).

Each Instagram Entry is herein referred to as an “Entry” (and collectively are herein referred to as “Entries”). Entrants are limited to entering one (1) unique photograph in each weekly Contest. If the same photograph is entered more than once, all subsequent Entries using that same photograph will be void, and the Entrant may, in Sponsor’s sole discretion, be disqualified.

All Entries are subject to all of the provisions of these Official Rules, including but not limited to the Entry Guidelines and Requirements set forth in the next section below. Sponsor reserves the right, in its sole and absolute discretion, to disqualify any Entries that do not comply with these Official Rules. By submitting an Entry, Entrant hereby agrees to these Official Rules and grants permission for Sponsor to use the Entry, including the Entrant’s Instagram account name, which may be posted on Sponsor’s Instagram account, or other websites for public view. All Entries are subject to verification of compliance with these Official Rules as determined by Sponsor.

ENTRY GUIDELINES AND REQUIREMENTS: 

Each Entry:

  • Must be in English;
  • Must include the hashtags: “#gotitatgordmans” and “#sweepstakes”;
  • Must not contain material that violates or infringes another’s rights (whether living or deceased), including, but not limited to: privacy, publicity, copyright or other intellectual property rights;
  • Must have approval from any persons (if minors, approval from their parent or legal guardian) appearing in the Entry and the Entrant must be able to provide express written consent of every such person appearing in the Entry to Sponsor if requested;
  • Must comply with Instagram’s Community Guidelines, available here, and Terms of Use, available here;
  • Must not disparage Sponsor or any other person or party affiliated with the promotion and administration of this Contest;
  • Must not include any personally identifiable information of any person, such as full name, address or phone number;
  • Must be the sole, exclusive and original work of the Entrant and must not contain images or artwork, quotes, parodies or other materials not created by Entrant;
  • Must not in any way contain any logos, brand names or trademarks other than Sponsor’s, which Sponsor has granted Entrant a limited license to use for purposes of this Contest as set forth in these Rules;
  • Must not have been submitted previously in a promotion or contest of any kind;
  • Must not contain, facilitate, reference, or use material that is fraudulent, inappropriate, indecent, lewd, pornographic, obscene, hateful, tortious, defamatory, slanderous or libelous;
  • Must not contain, facilitate, reference or use material that contains prohibited content which shall include, but is not limited to content that promotes, suggests, or encourages:
    • gambling, including without limitation, any content related to online casinos, sports books, bingo or poker;
    • the use of firearms/weapons/ammunition, any illegal drugs, prostitution, pornography, nudity, profanity or other adult content, violence, or the use of alcohol or tobacco products;
    • the taking up of arms against any person, government or entity or otherwise challenges or seek to overthrow any government;
  • Must not contain any viruses, spyware, malware, or other malicious components that are designed to harm the functionality of a computer in any way;
  • Must not contain, facilitate, reference, or use material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, ethnicity, religion, nationality, disability, sexual orientation, political orientation, citizenship, ancestry, marital status, or age; and
  • Must not contain material that is unlawful, in violation of or contrary to the laws or regulations in any jurisdiction where Entry is created.

NOTE: If any Entry fails to comply with any of these Entry Guidelines and Requirements or any other provisions of these Official Rules, Sponsor reserves the right to disqualify the Entry and Entrant will not be eligible to win.

SPONSOR’S INTELLECTUAL PROPERTY (“IP”) AND GENERAL ENTRY TERMS: Sponsor grants Entrants a limited, revocable, non-sublicensable license to use Sponsor’s name, products, trademarks and logos (collectively, “Sponsor’s IP”) for the sole purpose of participating in this Contest. Entrants are not permitted to make any further use of Sponsor’s IP for any purpose whatsoever. In addition, Entrants recognize that all rights, title, and interest in Sponsor’s IP shall remain exclusively with the Sponsor, and Entrant agrees that he or she has not and will not take any action that might harm or adversely affect such rights. No right, title or interest in and to the Sponsor’s IP except for the limited license granted to Entrant in these Rules is transferred or created. Each Entrant further acknowledges and agrees that Sponsor’s IP rights are valid and enforceable, and that Entrant shall do nothing to challenge the validity or enforceability of Sponsor’s IP in any forum. Entrants agree that the use of Sponsor’s IP is permitted only for the purpose of making an Entry in this Contest, and that any use of Sponsor’s IP (whether in the Entry or otherwise) beyond this scope infringes the rights of Sponsor and will result in irreparable harm to Sponsor.

Each Entrant retains ownership of his/her Entry. Each Entrant hereby grants to Sponsor and its affiliated companies and designated agents a non-exclusive, transferable, perpetual, worldwide, irrevocable, royalty free, unconditional, fully paid license and right (a) to post and to make, have made, use, copy, reproduce, modify, and create derivative works of the Entry and any materials provided by the Entrant with the Entrant’s Entry or otherwise through the Contest (“Entrant Materials”), (b) to publicly perform or display, import, broadcast, transmit, distribute (directly and indirectly), or license the Entry and Entrant Materials (and derivative works thereof), and (c) to sublicense to third parties the foregoing rights, including the right to sublicense to further third parties. Additionally each Entrant consents to the use of the name Instagram account name, statements, photographs, videos, voice recordings and likenesses of himself/herself and any other person appearing in the Entry and Entrant Materials for publicity purposes, as well as any other purpose associated with the Contest.

If requested, Entrant will sign any documentation that may be required for Sponsor or its designees to make use of the non-exclusive rights Entrant is granting to use the Entry and Entrant Materials.

WEEKLY PRIZES, SELECTION OF WINNERS, AND APPROXIMATE RETAIL VALUE (“ARV”):

Weekly Prizes (5): Each Monday during the Contest, one winner will be randomly selected to receive one (1) five hundred dollar ($500.00) Gordmans’ gift card (each, a “Gift Card”). The Gift Card will not expire and no fees will be assessed on it. The Gift Card may be used to purchase merchandise from Gordmans’ store locations only, and cannot be redeemed for cash, additional Gift Cards, or payment on any credit account.  For the avoidance of doubt, the Gift Card may not be used to purchase merchandise from any of Sponsor’s Stage store locations, or Stage.com.  Sponsor will not replace a Gift Card that is lost, stolen, damaged, destroyed, or used without your permission.  The ARV of each weekly prize is $500.00; the total ARV of all prizes in the Contest is $2500.00.

All winners will be notified by a post from Sponsor made on the winning Entry.  This post will direct the Entrant how to contact Sponsor to confirm their information, and receive their prize. If a potential winner does not respond to the notification or provide any information requested by Sponsor within forty-eight (48) hours of Sponsor’s notice, Sponsor may select an alternate potential winner in his/her place at random from all remaining entries received for the applicable prize. All Entrants are subject to review of eligibility and confirmation of their compliance with these Rules. In the event of a dispute as to any winning Entry or as to the identity of an Entrant, the winning Entry will be declared made by the authorized Instagram account holder (determined at the time the Entry is submitted) of the Instagram account associated with the Entry. The “authorized account holder” is defined as the natural person who is assigned the Instagram account used to make the Entry. Sponsor reserves the right to disqualify any Entrant and/or Entry in its sole and absolute discretion.

The odds of being selected depend on the number of entries received.  Except where prohibited, a potential winner may be required to complete and return an affidavit of eligibility and liability/publicity release.

Federal, state and local taxes, and all other costs and expenses associated with acceptance and use of any prize are the sole responsibility of the prize winners.  Prize specific terms and conditions apply.  The right to receive any prize is non-assignable, non-transferable, and no prize substitution, exchange or cash equivalent will be allowed. 

 

Only the number of prizes set forth in these Official Rules shall be awarded.  In the event that more than the stated number of prizes as set forth in these Official Rules are available and/or claimed, Sponsor reserves the right to award only the stated number of prizes by a random drawing among all legitimate, un-awarded, eligible prize claims. The total ARV of all prizes in this Contest is two-thousand, five hundred dollars ($2,500.00 USD).

Prize Conditions: Sponsor and their respective parent, related, affiliated, and subsidiary companies and their respective officers, directors agents, employees and assigns, shall be released and discharged from any and all legal claims, losses, injuries, demands, damages, actions, and/or causes of actions that arise out of and/or are in any way related to a prize and/or the receipt, use and/or enjoyment of a prize and/or the Contest. All benefits and payments are personal to each winner and are not redeemable for cash and are neither assignable nor transferable.

Each winner is responsible for paying all taxes that may be due on a prize. The award of a prize is subject to applicable withholding requirements. Each winner will receive an IRS Form 1099 reflecting the actual final retail value of his/her prize.

Any portion of a prize not accepted or used by a winner will be forfeited, and Sponsor shall not be responsible for any inability of winner to accept or use any portion of the prize for any reason. No substitution or transfer of a prize is allowed except with Sponsor’s permission or where required by law. If for any reason a prize becomes unavailable, Sponsor may award a substitute prize of equal or greater value. Award of a prize is subject to verification of eligibility and compliance with these Rules. Allow approximately two (2) weeks after award of a Prize for prize fulfillment.

GENERAL TERMS:

Sponsor Authority:  In the event that the operation, security, or administration of the Contest is impaired in any way for any reason, including, but not limited to fraud or technical problem, Sponsor may, in its sole discretion, either (a) suspend the Contest to address the impairment and then resume the Contest in a manner that best conforms to the spirit of these Official Rules; or (b) award the prizes at random from among the eligible entries received up to the time of the impairment. Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Contest or to be acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner. Any attempt by any person to undermine the legitimate operation of the Contest may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Failure by Sponsor to enforce any term of these Official Rules shall not constitute a waiver of that provision. The Contest is subject to federal, state, and local laws and regulations and is void where prohibited.

Release and Limitations of Liability:  By participating in the Contest, you agree to release and hold harmless Sponsor, Instagram, their parents, subsidiaries, affiliates, and each of their respective officers, directors, employees, and agents (the “Released Parties”) from and against any claim or cause of action arising out of participation in the Contest or receipt or use of any prize, including, but not limited to (a) unauthorized human intervention in the Contest; (b) technical errors related to computers, servers, providers, or telephone, or network lines; (c) printing errors; (d) lost, late, postage-due, misdirected, or undeliverable mail; (e) errors in the administration of the Contest or the processing of entries; or (f) injury or damage to persons or property. You further agree that in any cause of action, the Released Parties’ liability will be limited to the cost of entering and participating in the Contest, and in no event shall the Released Parties be liable for attorney’s fees. You waive the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages.

Privacy and Publicity:  Any information you submit as part of the Contest will be treated in accordance with Sponsor’s Privacy Policy and Instagram’s Privacy Policy. Except where prohibited, participation in the Contest constitutes an entrant’s consent to Sponsor’s use of his/her name, likeness, voice, opinions, biographical information, and state of residence for promotional purposes in any media without further payment or consideration.

Governing Law; Disputes:  Except where prohibited, you agree that any and all disputes, claims and causes of action arising out of, or connected with, the Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in Texas. All issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules, your rights and obligations, or the rights and obligations of Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of Texas, without giving effect to any choice of law or conflict of law rules (whether of Texas or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than Texas. THE REMEDY FOR ANY CLAIM SHALL BE LIMITED TO ACTUAL DAMAGES, AND IN NO EVENT SHALL ANY PARTY BE ENTITLED TO RECOVER PUNITIVE, EXEMPLARY, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, INCLUDING ATTORNEY’S FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF. ANY CLAIM MUST BE FILED WITHIN ONE (1) YEAR OF THE TIME THE CAUSE OF ACTION OCCURRED, OR THE CAUSE OF ACTION SHALL BE FOREVER BARRED.

Winners List:  To request a winners list, send a self-addressed, stamped envelope to: Gordmans Holiday Home Décor Gift Card Giveaway, Specialty Retailers, Inc., 2425 West Loop South Freeway, Houston, TX 77027. Requests must be received by January 31, 2018.

Gordmans is a registered trademark of Specialty Retailers, Inc.  All Rights Reserved.

Instagram is a registered trademark of Instagram, LLC. All Rights Reserved.

                                                                                              

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