Kipling’s Win a Year of Flowers Sweepstakes
OFFICIAL RULES: NO PURCHASE OR PAYMENT OF ANY KIND NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING.
1. Sponsor/Administrator: VF Sportswear, Inc. on behalf of its Kipling North America division (“Kipling” or “Sponsor”), 40 West 57th St., New York, NY 10019.
2. Eligibility: Kipling’s Win a Year of Flowers Sweepstakes (“Sweepstakes”) is open only to legal residents of the fifty (50) United States, the District of Columbia and Puerto Rico, who are at least eighteen (18) years of age or older, or the age of majority in their state of residence whichever is older, as of the date of entry and who have an active e-mail account or Instagram account (with a public profile), and Internet access prior to the beginning of the Sweepstakes. Any individuals (including but not limited to employees, consultants, independent contractors, and interns) who have, within the past six months, performed services for Sponsor, its licensees, and/or their respective parent, subsidiary, affiliated and successor companies and “immediate family members” and “household members” of such individuals, are not eligible to enter the Sweepstakes or win a prize. “Immediate family members” shall mean parents, step-parents, children, step-children, siblings, step-siblings, or spouses, regardless of where they live. "Household members" shall mean people who share the same residence at least three months a year, whether related or not. Potential winner may be required to provide proof of U.S. legal residency upon request prior to prize award. All federal, state and local laws and regulations apply. Void outside of the 50 United States and DC and PR and where prohibited or restricted by law. Sponsor reserves the right, at any time, to verify eligibility requirements, in any manner it deems appropriate.
3. Timing: Sweepstakes begins on or about 9:00:00 A.M. (all times are Eastern Time or “ET”) on March 20, 2015, and ends at 9:00:00 A.M. on April 2, 2015 (“Sweepstakes Period”).
- THREE (3) WAYS TO ENTER:
a.) Visit www.Instagram.com (“Sweepstakes Website”) and follow @KiplingUSA. The Sweepstakes Website’s computer is the official clock for this Sweepstakes. If you do not have an existing Instagram account, one can be opened for free at www.Instagram.com or by downloading the free Instagram app to your mobile phone. You must have a public Instagram account to be eligible to enter the Sweepstakes. This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with, Instagram. If you choose to enter via a mobile phone, standard message and data rates may apply and entrants should contact their wireless provider for pricing plan details.
Take a photograph or shoot a video “showing you in your favorite place to ‘stop and smell the roses’” (the “Entry”). Photograph and video formats must comply with Instagram’s Terms and Conditions posted on its website and Kipling requirements posted below in these Official Rules. No caption is necessary other than the following requirement: @KiplingUSA #winayearofflowers #kiplingsweeps.
b.) E-mail Entry: Submit your photograph or video Entry via email including your first name and last name to KiplingUSASocial@vfc.com. Entry file format cannot exceed 5 MB in size.
c.) To enter without submitting a photograph or video, visit kipling-usa.com and enter your email address to opt-in to receive the Kipling Newsletter via a pop up box. A Kipling Newsletter opt-in button is also available on the top center navigation bar of the Kipling-USA.com homepage. After opting-in you will receive an entry in the Sweepstakes, however you do not have to remain opted-in to be eligible to win a prize in this Sweepstakes.
- Photograph or video uploaded for use in entering this Sweepstakes should be an original, unpublished picture.
- Photograph must be in JPEG, TIFF or GIF format in a file size no larger than 5MB.
- Video entries must be produced in English and may be no longer than fifteen (15) seconds in length.
- be sexually explicit or suggestive, or derogatory of any ethnic, racial, gender, religious, professional or age group or the disabled, be profane or pornographic, or contain nudity;
- promote alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing), any activities that may appear unsafe or dangerous, or any particular political agenda or message;
- defame, misrepresent or contain disparaging remarks about other people or companies;
- contain any prominent use of trademarks, logos or trade dress (such as distinctive packaging or building exteriors/interiors) owned by others as determined by Sponsor, or advertise or promote any brand or product of any kind (except for Sponsor’s brand and products), or contain any personal identification, such as license plate numbers, personal names, e-mail addresses or street addresses;
- contain prominent copyrighted materials owned by others (including photographs, videos, sculptures, paintings and other works of art or images published on or in websites, television, movies or other media) as determined by Sponsor;
- contain materials embodying the names, likenesses, photographs, or other indicia identifying any person, living or dead without permission;
- communicate messages or images inconsistent with the positive images and/or goodwill to which Sponsor wishes to associate; and
- depict and cannot itself be in violation of any law or otherwise.
- depict or otherwise identify a minor unless a parent or legal guardian is the entrant.
By entering you represent and warrant and agree that:
a.) The Entry is a visual of you, if applicable, or if any person other than yourself is depicted in the Entry you have received permission from the person(s) depicted in the Entry (“Third Party Participant”), and the Entry submitted by you is original and not copied from any other work and does not infringe upon the rights of any third party and to the extent any elements were created by a third party (“Third Party Participant”), you own all right, title and interest to said elements of the Entry to enable you to grant the rights granted herein.
b.) The Photograph or Video entered may not have been previously published and must not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity. If the Photograph or Video contains any material or elements that are not owned by the entrant and/or which are subject to the rights of third parties, the entrant is responsible for obtaining, prior to submission of the Photograph or Video, any and all releases and consents necessary to permit the use and exhibition of the Photograph or Video by Sponsor in the manner set forth in these Official Rules. Sponsor reserves the right to request proof of these permissions in a form acceptable to Sponsor from any entrant at any time. By submitting a Photograph or Video, entrant warrants and represents that he/she consents to the submission and use of the Photograph or Video as stated herein.
5. Use of Entries: Once an entry is submitted by an entrant, it cannot be changed, altered or modified by the entrant and will not be returned. By submitting your entry you, on behalf of yourself and any Third Party Participants grant Sponsor and its designees an unlimited, worldwide, perpetual, royalty-free license and right to publish, use, edit, adapt, modify and/or publicly perform the Entry in any way, in commerce and in any and all media worldwide now known or hereinafter developed, without limitation and without notice or consideration of the entrant. WITHOUT LIMITING THE FOREGOING, BY SUBMITTING AN ENTRY, ENTRANT ACKNOWLEDGES THAT HIS/HER ENTRY MAY BE EDITED IN SPONSOR’S SOLE DISCRETION AND POSTED ON THE INTERNET, THE www.xxx.com (“SITE”) OR ANY WEBSITE/SOCIAL MEDIA PAGE IN CONNECTION WITH THIS SWEEPSTAKES AND THE ADVERTISING, PROMOTION AND PUBLICITY OF THE SWEEPSTAKES AND ARE THE VIEWS/OPINIONS OF THE INDIVIDUAL ENTRANT AND DO NOT REFLECT THE VIEWS OF SPONSOR OR IT DESIGNEES IN ANY MANNER. Any waiver of any obligation hereunder by Sponsor does not constitute a general waiver of any obligation to entrants. Notwithstanding anything to the contrary, however, there is no obligation of the Sponsor or any other person or entity to post or make any use of the entry of any particular entrant.
Sponsor reserves the right to, and may or may not, monitor/screen entries prior to posting to the Site. Sponsor is under no obligation to disclose why an Entry has been disqualified other than the Entry was ineligible under these Official Rules. Entrants agree not to issue any publicity concerning the Sweepstakes Entities (defined below in these Official Rules).
6. Determination of Winner/Notification: Potential winner will be drawn at random by Sponsor on or about April 5, 2015. Potential winner will be notified by Sponsor via Instagram or e-mail and required to provide Sponsor with an e-mail address within three (3) business days of notification. Then, potential winner will be asked to complete and return an Affidavit of Eligibility and Liability/Publicity Release (“Affidavit”) within seven (7) days of notification, where allowed by law. If the Affidavit is not returned within the specified time period, or if a notification or prize is returned as non-deliverable or if the potential winner is found to be ineligible or otherwise not in compliance with these Official Rules, the potential Winner may be disqualified. If the potential winner is disqualified for any reason, prize may be awarded to an alternate winner. If there are no eligible entries, Sponsor reserves the right to not award any prize.
7. Prize and Approximate Retail Value (“ARV”): A floral bouquet to be delivered once per month for a total of twelve (12) months ($370 ARV) including delivery to winner’s residence. Any expenses not mentioned above are the winner’s responsibility. No substitution or transfer of prize except with Sponsor’s permission (which may be granted or withheld for any reason) or where required by law. Sponsor in its sole discretion may award a substitute prize/prize component of equal or greater value if advertised prize/prize component is unavailable at time of awarding for any reason. If a potential prize winner cannot accept a prize as stated herein, that prize may be forfeited in its entirety and awarded to an alternate winner. Federal, state and local taxes, if any, are the sole responsibility of the winner. Odds of winning depend on the number of eligible entries received.
8. Liability Limitations: Sweepstakes Entities (as defined below) are not responsible for failed, partial or garbled, corrupt or jumbled computer transmissions, or for technical failures of any kind, including but not limited to electronic malfunction, programming errors or failures, or damage or failure of any network, hardware or software. If for any reason the Sweepstakes is not capable of running as planned, as solely determined by Sponsor, including but not limited to by infection by computer virus, bugs, tampering, unauthorized intervention, fraud or technical failures that can corrupt or affect the administration, security, fairness, integrity or proper conduct of the Sweepstakes, Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Sweepstakes. In such event, Sponsor shall conduct the Sweepstakes and award the Sweepstakes prize from all eligible entries received prior to and/or after (as appropriate as solely determined by Sponsor) or otherwise award the Sweepstakes prize in a manner that is fair, appropriate and consistent with the spirit of these Official Rules, as determined by Sponsor in its sole discretion. Notice of cancellation/termination/ modification/suspension of Sweepstakes will be posted on the Site. The right is reserved by Sponsor to disqualify any individual found, at its sole discretion, to be tampering with the entry process or the operation of the Sweepstakes or Sweepstakes Website or Site, to be acting in violation of the Official Rules; or to be acting in a non-sportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. No responsibility is assumed for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure (whether wireless or Internet), theft or destruction or unauthorized access to (or any problems or technical malfunctions of) any telephone network or lines, computer online systems, servers, or providers, computer equipment, software, failure of any e-mail or electronic entry to be received (or the incorrect or inaccurate capture of registration, entry or other information, or the failure to capture, or loss of, any such information) on account of technical problems or traffic congestion on the Internet or at the Sweepstakes Website or Site, or any combination thereof. Sweepstakes Entities are not responsible for any injury or damage to entrant's or any other person's computer related to or resulting from participation in or downloading any materials from this Sweepstakes. Further, Sweepstakes Entities are not responsible for any incorrect or inaccurate information, whether caused by website users, tampering, hacking, or by any of the equipment or programming associated with or utilized in the Sweepstakes. Entrants further agree not to damage or cause interruption of the Sweepstakes and/or prevent others from participating in the Sweepstakes. CAUTION: ANY ATTEMPT TO DAMAGE ANY ONLINE SERVICE OR WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES VIOLATES CRIMINAL OR CIVIL LAWS. IF SUCH AN ATTEMPT IS MADE OR AN INDIVIDUAL OTHERWISE ATTEMPTS TO DEFRAUD SPONSOR, SPONSOR MAY DISQUALIFY ANY ENTRANT MAKING SUCH ATTEMPT AND SEEK DAMAGES TO THE FULLEST EXTENT OF THE LAW.
9. Conditions: By participating, entrants agree to be bound by and abide by these Official Rules and the decisions of Sponsor shall be final and binding in all respects. By participating in this Sweepstakes, entrants agree to release and hold harmless VF Sportswear, Inc., its parent, subsidiary, affiliated and successor companies, advertising and promotion agencies and/or prize suppliers, Instagram, Sweepstakes Consulting LLC, and each of their respective officers, directors, agents, representatives and employees, as well as each of their respective successors and assigns (collectively and individually, the "Sweepstakes Entities") from any and all actions, claims, injury, loss or damage (whether due to negligence or otherwise) to person(s), including death, or property, or infringement upon any third party’s rights, (including but not limited to, copyright, patent or trademarks/tradenames/logos, or rights of privacy or publicity, or inclusion of material that is or may be considered defamatory, slanderous or libelous, or portray or depict any person, product or entity in a false light) arising in any manner, directly or indirectly, in whole or in part from participation in this Sweepstakes, or any Sweepstakes related activity, or breach or failure of any warranty or representation, and/or acceptance, possession, misuse or use of any prize. By accepting a prize, prize winner authorizes Sponsor, and those acting pursuant to Sponsor’s authority to use his/her name, voice, likeness, photograph, prize information, biographical data and city and state of residence in any media know known or hereafter discovered, worldwide, including on the World Wide Web and Internet, in perpetuity, at any time or times, in programming, advertising, trade and/or promotional material or on a winner's list (if applicable) without additional compensation (unless prohibited by law) or notice, review or approval. Sponsor is 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 obligation or compensation.
IN NO EVENT WILL SWEEPSTAKES ENTITIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO AND USE OF THE SWEEPSTAKES WEBSITE OR SITE OR THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM SAID SWEEPSTAKES WEBSITE OR SITE. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THIS SITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OR LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
10. Disputes: Arbitration/Choice Of Law: Except where prohibited, entrants agree that: (1) any and all disputes, claims, and causes of action arising out of or connected with this Sweepstakes, or any prize awarded, or the determination of the winner, shall be resolved individually, without resort to any form of class action, and exclusively by arbitration pursuant to the Rules of the American Arbitration Association, then effective, and (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes but in no event attorneys’ fees; and (3) under no circumstances will entrant be permitted to obtain awards for and entrant hereby waives all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant and/or Sweepstakes Entities in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of New York, without regard for conflicts of law doctrine, and all proceedings shall take place in the City of New York, County of New York.
12. Winners List: For the winner’s name, mail a self-addressed, stamped envelope to: Kipling’s Win a Year of Flowers Sweepstakes Winners List, Kipling NA, Attn: Marketing Department, 40 West 57th St., New York, NY 10019 to be received no later than April 30, 2015.