Bonobos “MIDNIGHT MADNESS 2016” Promotion
Sponsored by Bonobos, Inc. (“Bonobos” or “Sponsor”). NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. VALID IN THE 50 UNITED STATES AND THE DISTRICT OF COLUMBIA ONLY. VOID WHEREVER PROHIBITED OR RESTRICTED BY LAW. NOT OFFERED IN STATES WHERE REGISTRATION OF THIS PROMOTION IS REQUIRED. ENTRY IN THIS PROMOTION CONSTITUTES YOUR ACCEPTANCE OF THESE OFFICIAL RULES.
1. PROMOTION: The entry period for the Bonobos “MIDNIGHT MADNESS 2016 Promotion” Promotion (the “Promotion”) begins at 12:00 a.m. ET on November 28, 2016 and ends at 3:00 a.m. ET on November 29, 2016 (the “Promotion Entry Period”). Entries received during the Promotion Entry Period will be entered into a random drawing for a chance to win the Prize described below. On or about December 2, 2016, Sponsor will determine the winner(s) of the Promotion, and the prize(s) will be awarded in accordance with these Official Rules (the “Official Rules”).
2. BINDING AGREEMENT: In order to enter the Promotion, you must agree to these Official Rules. Therefore, please read these Official Rules prior to entry to ensure you understand and agree. You may not submit an entry to the Promotion and are not eligible to receive the prize(s) described in these Official Rules unless you agree to these Official Rules. These Official Rules form a binding legal agreement between you and Sponsor with respect to the Promotion.
3. ELIGIBILITY: The Promotion is open only to legal residents of the fifty (50) United States and the District of Columbia (excluding Puerto Rico and U.S. territories) who, as of the date of entry, are 18 years of age or older and have internet access and an active email account. Employees of Sponsor and its affiliates, subsidiaries, advertising agencies, promotion, fulfillment and other coordinating agencies, and the immediate family members and/or household members of any such persons or entities are not eligible to participate in the Promotion. The Promotion is subject to all applicable federal, state and local laws and regulations and void wherever prohibited or restricted by national, state, municipal, provincial or any other government laws and is not offered in states where registration of the Promotion is required.
4. HOW TO ENTER: Enter for free online by re-tweeting a Bonobos tweet on entrant’s Twitter account during the Promotion Entry Period. To enter any Sweepstakes via Twitter, you must have a valid, public (i.e. not "protected") Twitter account.
Entrants are limited to one original entry per person. Entrants may not participate with multiple email addresses or under multiple identities, nor may entrants use any device or artifice to enter or to enter more than once during the Promotion Entry Period or as multiple entrants. Any entrant who attempts to enter with multiple email addresses, under multiple identities or uses any other device or artifice to enter multiple times will be disqualified from participation in the Promotion and all entries submitted by that entrant will be void. Entries using macro, robotic, script or other forms of automatic entry will be disqualified. Entries will be deemed made by the authorized account holder of the email address submitted at the time of entry. “Authorized account holder” is defined as the natural person who is assigned to the email address by the internet service provider that is responsible for assigning email addresses for the domain associated with the submitted email address. Potential winners may be requested to provide Sponsor with proof that he or she meets the eligibility requirements for the Promotion and/or is the authorized account holder of the email address associated with a winning entry. Sponsor reserves the right to verify the eligibility of each entrant; if an entrant is found to be ineligible to enter the Promotion his/her entry will be considered invalid. Online entries must be received by the end of the Promotion Entry Period. Sponsor’s computer will be the official timekeeper of this Promotion.
ALTERNATE METHOD OF ENTRY: To enter the Promotion via U.S. mail without obligation, print your name, street address, city, state, ZIP code, email address and daytime phone number on an approximately 3” x 5” card, and mail it in an envelope with correct postage to:
45 W 25th Street, 4th Floor
New York, NY 10010
All mail-based entries must be postmarked by the end of the Promotion Entry Period and received by Sponsor no later than three business days following the end of the Promotion Entry Period. Incomplete and/or postage-due entries are deemed null and void.
Potential prizewinners must meet all eligibility requirements and fully comply with these Official Rules.
5. WINNER SELECTION; ODDS OF WINNING: All entrants into the Promotion whose entries are received in accordance with and who meet the requirements of these Official Rules will receive one (1) entry into a random drawing to win U.S. $2,000 in Bonobos store credit that may be used towards the purchase of any merchandise on www.bonobos.com (the "Prize"). The winner of the Prize will be randomly selected by Sponsor on or about December 2, 2016 from among all eligible entries received and the random selection will be final and binding. Odds of winning a Prize depend on the number of eligible entries received.
7. WINNER NOTIFICATION: Winner(s) will be notified by email within five (5) business days of selection and, except where prohibited by law, will be required to sign and return an affidavit of eligibility and publicity/liability release within seven (7) days of notification and provide any additional information that may be required by Sponsor. Sponsor shall have no liability for any potential prize-winning notification that is lost, intercepted or not received by any potential winner for any reason. If a potential winner cannot be contacted, is ineligible, fails to claim a prize and/or where applicable an affidavit of eligibility and publicity/liability release is not timely received, is incomplete or modified, the prize may be forfeited and an alternate winner selected from remaining valid, eligible entries timely submitted. In the event of a dispute regarding who submitted an entry, the entry will be deemed submitted by the authorized account holder of the e-mail account from which the entry was sent.
8. PRIZE: One (1) winner will be selected by Sponsor according to the criteria described above and will receive U.S. $2,000 in Bonobos store credit that can be redeemed for merchandise on www.bonobos.com.
TOTAL approximate retail value of all prizes to be awarded: up to U.S. $2,000.
Each winner of a prize and any other prize recipient is required to comply with any and all applicable federal, state and/or local laws, rules and regulations related thereto and is solely responsible for any and all federal, state and/or local taxes that apply to the receipt and use of any prize. Sponsor reserves the right to substitute a prize of greater or equal value in the event any prize or a portion of a prize is unavailable for any reason. Prizes are non-assignable and non-transferable. No cash alternative or other substitution of a prize is permitted, except at the sole option of Sponsor. Sponsor will not replace any lost or stolen prize or portion of a prize. Prizes are awarded “as is” with no warranty or guarantee, either express or implied by Sponsor. All prize details are at Sponsor’s sole discretion. The awarding of any prize is contingent upon full compliance with these Official Rules.
9. GENERAL RULES: The Promotion is offered by Bonobos, Inc., which is not responsible for (i) late, lost, delayed, damaged, postage-due, incomplete, illegible, misdirected or undeliverable entries, responses, or other correspondence, whether by email or postal mail or otherwise; (ii) theft, destruction, unauthorized access to or alterations of entry materials; or (iii) phone, electrical, network, computer, hardware, software program or transmission malfunctions, failures or difficulties.
By participating in the Promotion, entrants agree to waive, release, indemnify, defend and hold harmless Sponsor and its affiliated companies and subsidiaries and their respective directors, officers, employees, sponsors and agents, including advertising and promotion agencies, and assigns, and any other organizations related to the Promotion (including Facebook, Inc. and Instagram, Inc.) (together, the “Released Parties”), from and against any claims, injuries (including death), loss, expenses or damages and/or liabilities of any nature that in any way arise in whole or in part from the acceptance, possession, use or enjoyment of a prize or parts thereof, participation in the Promotion, or in any prize-related activity, including, without limitation, any (i) condition caused by events beyond Sponsor’s control that may cause the Promotion to be disrupted or corrupted; (ii) injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a prize, or acceptance, possession, or use of a prize, or from participation in the Promotion; (iii) printing or typographical errors in any materials associated with the Promotion; or (iv) electronic, network or computer failures or malfunctions, or other hardware, software or technical errors of any kind, including any injury or damage to any person’s computer related to, or resulting from, participation in the Promotion or for other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Promotion, including, without limitation, errors or difficulties which may occur in connection with the administration of the Promotion.
In no event will Sponsor OR THE RELEASED PARTIES be liable to ANY PARTY for any direct, special, incidental, exemplary, punitive or consequential damages (including loss of use, data, business or profits) arising out of or in connection with THE PROMOTION OR AN entrant’S participation in the Promotion, whether such liability arises from any claim based upon contract, warranty, tort (including negligence), strict liability or otherwise, and whether or not SPONSOR OR SUCH RELEASED PARTY HAs been advised of the possibility of such loss or damage. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Sponsor will be responsible for resolving any disputes and rules violations that arise in connection with the Promotion. All interpretations of these Official Rules and the decisions of Sponsor regarding the Promotion shall be final and binding in all respects.
10. ADDITIONAL CONDITIONS: Except where prohibited, by accepting any prize, each winner consents to the use of his/her name, photo and/or likeness, biographical information, entry materials and statements attributed to winner (if true) for advertising and promotional purposes, including without limitation, inclusion in Sponsor’s email marketing, print or online publications, and online via Sponsor’s homepage at www.bonobos.com, Facebook page at http://www.facebook.com/bonobos, and other Sponsor social media platforms (including Instagram, Twitter, Snapchat, etc.), without additional compensation. Each winner also agrees to participate in promotional activities related to the Promotion upon Sponsor’s reasonable request. All entries become property of Sponsor and none will be acknowledged or returned.
Sponsor reserves the right, in its sole discretion, to cancel, modify or suspend the Promotion in whole or in part, in the event of fraud, technical or other difficulties or if the integrity of the Promotion is compromised, without liability to the entrant. Sponsor reserves the right in its sole and absolute discretion to disqualify any individual that (i) tampers or attempts to tamper with the entry process or the operation of the Promotion or Sponsor’s homepage, Facebook page or any Sponsor social media platform; (ii) violates these Official Rules; or (iii) acts in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. Any attempt by any person to deliberately undermine the legitimate operation of the Promotion 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. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that term or any other provision. The Promotion is subject to these Official Rules and all applicable federal, state and local laws and regulations apply. As stated above, the Promotion is void where prohibited or restricted by law. By participating in the Promotion, you acknowledge that you have read these Official Rules and agree to abide by them and by the decisions of Sponsor, which are final and binding on all matters pertaining to the Promotion.
11. GOVERNING LAW: These Official Rules are governed by the law of the State of New York, excluding rules governing choice of laws. Any action, suit or case arising out of, or in connection with, this Promotion or these Official Rules must be brought in the state or federal courts located in New York, NY.
13. WINNERS: A winners list may be obtained by sending a stamped, self-addressed envelope marked "Winners List Request” to Bonobos, Inc., 45 W 25th Street, 4th Floor, New York, NY 10010, Attn: Marketing.
14. SPONSOR: The Sponsor of the Promotion is Bonobos, Inc., 45 W 25th Street, 5th Floor, New York, NY 10010.
15. DISCLAIMER: The Promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook, Inc. or Instagram, Inc. By participating in the Promotion, you acknowledge and agree that you are providing your entry information to Sponsor, and not to Facebook, Inc. or Instagram, Inc.