“THE ATTITUDE IS GRATITUDE SWEEPSTAKES”
1. SWEEPSTAKES: The following official terms and conditions (“OFFICIAL RULES”) apply to the “THE ATTITUDE IS GRATITUDE SWEEPSTAKES” (the “Sweepstakes”). NO PURCHASE NECESSARY TO ENTER OR WIN THE SWEEPSTAKES. COMPLETING THE ACTIONS DESCRIBED FOR PRIMARY ENTRY IN SECTION 4(A) BELOW SHALL NOT INCREASE YOUR CHANCES OF WINNING AS COMPARED TO OTHER FORMS OF ENTRY. THE ODDS OF WINNING THE SWEEPSTAKES DEPEND ON THE NUMBER OF ELIGIBLE ENTRIES RECEIVED. VOID WHERE PROHIBITED OR RESTRICTED BY LAW. This Sweepstakes is sponsored by Bumble Trading, Inc. and
Spiritual Gangster Holdings, Inc. (collectively, “Sponsor”).
2. ENTRY PERIOD: The Sweepstakes commences at 6:00:01 PM (ET) on November 14th, 2018, and ends at 8:59:59 PM (ET) on November 18th, 2018 (the “Sweepstakes Period”). All entries must be posted on Instagram or postmarked prior to the expiration of the Sweepstakes Period in accordance with the terms and conditions of these Official Rules, and any entries so posted on Instagram or postmarked thereafter shall be null and avoid, and ineligible for the Sweepstakes.
3. ELIGIBILITY: This Sweepstakes is open to legal residents of the 50 United States and the District of Columbia (void in Rhode Island). Entrants must be at least 18 years of age or older at time of entry. Entrants that have not yet reached the age of majority in their jurisdiction of residence must have their parent/legal guardian’s permission in order to submit an entry in the Sweepstakes and be declared a Prize Winner (as defined herein). Employees (and their immediate families) (i.e., parents, spouse, children, siblings, grandparents, step parents, step children and step siblings) of Sponsor, and any affiliated companies, sponsors, advertising agencies and third party fulfillment agencies are not eligible for the Sweepstakes.
4. HOW TO ENTER: Subject to the terms and conditions set forth in these Official Rules, there are two ways to enter into the Sweepstakes and become an eligible entrant (“Entrant”)—specifically, Primary Entry and Alternative Entry, each as more fully described below.
(A) PRIMARY ENTRY:
In order to be entered into the Sweepstakes, Entrant must complete the following actions in accordance with the terms and conditions set forth herein prior to the conclusion of the applicable Sweepstakes Period:
(i) be a personally-registered account holder of Instagram in good standing with a public profile. Any Entrant found to be using the account of a group, company, or other association, may be disqualified in Sponsor’s sole and absolute discretion. If Entrant is not a personally-registered account holder of Instagram, Entrant should visit Instagram.com to register for an account. Instagram accounts are free. Registration for and use of Instagram is subject to Instagram’s terms and conditions and Sponsor has no responsibility with respect to such registration or use or enforcement of such terms and conditions; and
(ii) Follow @BumbleBFF and @SpiritualGangster on Instagram and tag a friend in the comments section of the official Sweepstakes giveaway post on either account. Each individual comment is considered one entry into the Sweepstakes
(B) ALTERNATIVE ENTRY:
In order to be entered into the Sweepstakes without completing the actions described above as part of the Primary Entry method, Entrant must mail in a 3”x5” card with Entrant’s first and last name, physical address, e-mail address, date of birth, and telephone number to: “THE ATTITUDE IS GRATITUDE SWEEPSTAKES”, 1105 W 41st St, Austin, TX 78756, prior to conclusion of the Sweepstakes Period in accordance with the terms and condition set forth herein. For the avoidance of doubt, such mail-in entries must be legibly postmarked before the conclusion of the Sweepstakes Period and must be received by Sponsor no more than seven (7) days thereafter. There is a limit of one mail-in entry per postmarked envelope. Each envelope is considered one entry into the Sweepstakes. Multiple entries submitted or completed by anyone other than Entrant are void. No mechanical reproductions shall be accepted. Mail-in entries must contain all entry fields outlined above; otherwise, they are void and shall not be eligible for the Sweepstakes.
5. GENERAL ENTRY TERMS AND CONDITIONS: All entries submitted in accordance with these Official Rules shall be hereinafter referred to as “Eligible Entries”. You may enter no more than 5 times per day. If an Entrant uses multiple user accounts to submit more than one entry only the first entry will count. Each mail-in entry must be mailed separately and, if in an envelope, each must be mailed in a separate outer envelope. In the event of a dispute over who submitted, or shall be entitled to claim, the winning entry, the authorized account holder of the user account used to participate in the Sweepstakes at the actual time of entry, shall be deemed to be the Entrant. The authorized account holder is defined as the natural person who is assigned the applicable e-mail address or user credentials by an Internet access provider, IP-connected application, online service provider or other organization that is responsible for granting credentials or assigning e-mail addresses for the domain associated with the submitted e-mail address. All entries and materials become the property of Sponsor and will not be acknowledged or returned. Any potential Prize Winner (as defined herein) may be requested to provide Sponsor with proof and other substantiating documentation that such person is the potential Prize Winner.
6. ENTRY CONDITIONS: By entering and/or participating in the Sweepstakes, each Entrant agrees:
(b) to release and hold Sponsor and its affiliates, and their respective agents, employees, officers, directors, successors and assigns, and any suppliers, licensors, donors, sponsors, operators, service providers, vendors, marketing partners and other affiliated parties in connection with the Sweepstakes (collectively, the “Sponsor Entities”) harmless against any and all claims, injury or damage arising out of or relating to participation in the Sweepstakes and/or use or misuse or redemption of any Prize (as defined herein), including, publicity rights, defamation, invasion of privacy, intellectual property and any other personal, proprietary or property rights of any party and/or any related cause of action. Further, Sponsor shall not be responsible for errors, omissions, interruptions, deletions, defects (in part or in whole), delays in operations, transmissions, theft, or destruction or unauthorized access to or alternations of any entry correspondence, transmissions or other materials in connection with the Sweepstakes. Any attempted submissions or entries in connection with the Sweepstakes that are lost, late, misdirected, incorrect, garbled, or incompletely received, for any reason, including, by reason of platform, hardware, software, browser, or network failure, malfunction, congestion, or incompatibility on any servers or otherwise shall not be counted or eligible for the Sweepstakes, as determined by Sponsor, in its sole and absolute discretion.
7. Prize Winner SELECTION AND Notification: Subject to the terms and conditions set forth in these Official Rules, there shall be a total of two (2) potential prize winners randomly selected from among all qualifying Entrants on or about fifteen (15) days after the conclusion of the Sweepstakes Period (the “Prize Winners”) and Sponsor and/or its designees shall thereafter attempt to contact the potential Prize Winners using Instagram Direct Messaging and/or e-mail. If a potential Prize Winner cannot be contacted or does not respond (within 48 hours of attempted notification) and/or return two copies of the completed Sweepstakes Documentation (as defined herein), within two (2) days of said attempted, Sponsor reserves the right, in its sole and absolute discretion, to disqualify such potential Prize Winner and, if time permits, to select the next qualifying potential Prize Winner and attempt to contact same, who shall be subject to the same eligibility requirements and disqualification in the same manner as described in these Official Rules. Sponsor shall not be responsible for failed attempts to notify any potential Prize Winner and no responsibility is assumed by Sponsor for any e-mail(s), message(s) or other correspondence returned as undeliverable without a forwarding address or any other problems, omissions or technical malfunctions associated with any platform, network, servers, computer equipment, software, applications, the Internet or any combination thereof. For the avoidance of doubt, each potential Prize Winner shall be subject to verification, including, as described in Section 8 below.
8. Prize Winner Verification: Upon the request of Sponsor, the potential Prize Winners must sign and return the following documents in order to be eligible to receive a Prize: (i) an affidavit of eligibility; (ii) a publicity/liability release granting the right to use each potential Prize Winner’s name and likeness for advertising, marketing and publicity purposes; and (iii) any other releases and waivers requested by Sponsor, in each instance (i.e., subsections (i), (ii) and (iii) above), releasing the Sponsor Entities from any and all liability, loss, claims, demands, and causes of action for or related to (a) personal injury, damage, theft, loss, or any other harm suffered in connection with the Sweepstakes or the receipt and/or use of any Prize (or any component thereof); and (b) publicity rights, defamation, invasion of privacy, intellectual property and any other personal, proprietary or property rights of any party and/or any related cause of, including, the use/misuse and/or acceptance of any Prize (or any component thereof); (collectively, the “Sweepstakes Documentation”). By entering into the Sweepstakes, each Entrant agrees to promptly sign and return all of the Sweepstakes Documentation in accordance with the requirements, criteria, parameters and timing described herein or otherwise designated by Sponsor.
9. Prize Terms and RESTRICTIONS: Only the Prizes as described in these Official Rules shall be awarded and no substitutions, cash equivalents and/or redemptions shall be made, except that Sponsor reserves the right to substitute any Prize (or any component thereof) with another prize of equal or greater value, including a cash award, in the event that the applicable Prize (or any component thereof) is not available. Each Entrant in the Sweepstakes shall be eligible to win no more than one (1) Prize. The Prizes are non-transferable or assignable to any other person or entity, except by Sponsor. Reporting and payment of all applicable taxes, fees, and/or surcharges, if any, arising out of, or resulting from, acceptance or use of any Prize, are the sole responsibility of the Prize Winner. The Sponsor Entities expressly disclaim any responsibility or liability for injury or loss to any person or property relating to the delivery, receipt and subsequent use and redemption of any Prize (or any component thereof). The Prize restrictions and conditions set forth herein are not exhaustive and additional restrictions and conditions may apply, and the Sponsor Entities make no representations or warranties (express or implied) concerning the appearance, safety, features, usage, accuracy or performance of any Prize. The Sponsor Entities shall not be liable for nor replace any lost, stolen, damaged or malfunctioning element of any Prize. For the avoidance of doubt, the value of the Prize shall be taxable to the potential Prize Winner as income. The potential Prize Winner must supply Sponsor with his/her social security number for tax purposes. An IRS Form 1099 shall be issued in the name of the potential Prize Winner for the actual value of the Prize received. All federal, state and local taxes, and any other costs not specifically provided for in these Official Rules are solely the potential Prize Winner’s responsibility.
In the event a Prize Winner engages in or threatens behavior that (as determined by Sponsor in its sole and absolute discretion) is contrary to the spirit of any Prize or the Sweepstakes, or is dangerous, obnoxious, threatening, illegal or that is intended to annoy, abuse, endanger, threaten or harass any other person, or that otherwise conflicts with the Sponsor’s values, Sponsor reserves the right to terminate such Prize, in whole or in part.
10. Prize DESCRIPTION AND CONDITIONS: Subject to all of the terms set forth in these Official Rules, the prize for each Prize Winner (the “Prize”) includes (a) two (2) $150 Spiritual Gangster gift cards, (b) two (2) Bumble BFF brand hats, (c) two (2) BFF travel candles, (d) two (2) Yellow BUMBLE totes with pockets, and (e) two (2) 32oz Bumble BFF Nalgene bottles. The approximate retail value (“ARV) of the Prize is $360 USD and the value of same may vary depending upon market conditions at the time of fulfillment and/or redemption. Any difference between the ARV and the actual value, if any, will not be rewarded.
11. Posting TERMS; Restrictions; License:
(a) In order to promote, market and publicize the Sweepstakes, the Sponsor Entities and certain other related initiatives, entities and services, the Sponsor Entities require a license to use any and all information, materials and content posted, made available or submitted in connection with each Entrant’s participation in the Sweepstakes, including each Entrant’s name (and likenesses), user names, biographical information and any other personal information (collectively, “Postings”). By way of example and by no means limitation, the Postings may be used in connection with Entrant lists, news feeds, emails, notifications, message boards, forums, blogs, blasts, online social community network profiles/groups/platforms, periodicals, magazines, news reports, websites, programming channels, broadcast and any other means of public display and performance, and other uses which may incorporate the Sponsor Entities and/or other affiliated parties' property and branding (including promotional materials such as banners, photos, logos, trademarks, audio-visual content, etc.) (collectively, the “Sponsor Materials”).
(b) Accordingly, each Entrant hereby expressly grants the Sponsor Entities a worldwide, perpetual, irrevocable, royalty-free, fully-paid, non-exclusive, sublicensable and transferable right and license to use, reproduce, encode, store, copy, transmit, publish, post, broadcast, display, publicly perform, exhibit, create derivative works, modify and promote any and all Postings in, on, through and in connection with any and all now known or hereafter devised, discovered or developed forms of media, products, platforms and services, without notice and without compensation, right of inspection, royalty, accounting, liability or obligation of any kind to any Entrant or any other third party.
(c) All contents of the Postings, with the exception of any incorporated Sponsor Materials, must be completely original to each Entrant and must not have been taken or composed in whole or in part from any other source, including all graphical, audio-visual elements, imagery and artwork appearing in the Postings, and must be free and clear of any liens or claims with respect to the use of the Postings, and that such use will not give rise to any claims or infringement, invasion of privacy or publicity, or claims for any payment whatsoever including, but not limited to, claims for re-use fees or residuals.
(d) All Entrants agree that any and all Postings made during the Sweepstakes Period or in connection with the Sweepstakes shall not contain, include or involve (or be posted on any websites highlighting or featuring) any of the following:
crude, vulgar or offensive pictures, depictions, images, language and/or symbols;
gang signs or symbols;
gratuitous violence, guns or other imagery or gestures of weapons. Violence may not be used to stimulate the audience or to invite imitation, nor may it be shown or offered as an acceptable solution to problem or conflict;
nudity or explicit, graphic or excessive sexual activity;
commercial products (e.g., clothing, toys, food) and/or their trademarks, brands, logos or endorsements other than the Sponsor Materials;
hard liquor use or product images;
license plates, phone numbers, personal addresses – physical or email or otherwise;
illegal drug or alcohol use or abuse;
derogatory characterizations of any ethnic, racial, sexual or religious groups, humiliation of other people (publicly or otherwise), or any assault or threatening of others;
violation of anyone's right of privacy, including any statements that may be true but of private facts;
trespass or the violation of other people's rights or property;
illegal (e.g., discriminatory, harassing) or inappropriate activity, behavior or conduct (e.g., inflicting emotional distress);
defamatory, libelous, threatening or other material that advocates against any individual or group including products/services promoting discriminatory behavior (e.g., racial, religious, gender, nationality, sexual orientation);
conduct or activities in violation of these Official Rules; or
any other content, display, materials and/or images that is or could be considered inappropriate, unsuitable or offensive, as determined by the Sponsor Entities, in their sole discretion.
In addition, each Entrant agrees, confirms and represents to the Sponsor Entities that such Entrant has not engaged or taken part in (or induced or encouraged anyone else to do so) in any activity or conduct in connection with the Sweepstakes that: (i) is or may constitute a crime, unlawful or non-consensual activities (e.g., conduct that could lead to criminal prosecution), tortious conduct (e.g., conduct that could lead to civil prosecution) or the violation or infringement of the rights of any other party; or (ii) violates any of the terms or conditions of these Official Rules.
12. General Terms: The Sweepstakes is governed by and subject to the laws of the United States. All federal, state and local laws and regulations apply. Void where prohibited or restricted by law. Any violation of these Official Rules may result in disqualification. Sponsor reserves the right to reject any entries in the Sweepstakes or any Entrant’s activities associated therewith that may be deemed, in its sole and absolute discretion, to violate these Official Rules, and/or any policies or guidelines established by Sponsor that govern Entrants’ participation in the Sweepstakes. If these Official Rules conflict with or otherwise differ from any promotional or other materials published OR MADE AVAILABLE in connection with the Sweepstakes, these Official Rules shall control. The section headings in these Official Rules are for convenience only and are not to be considered in construing or interpreting these Official Rules. The terms “include,” “includes,” and “including,” whether or not capitalized, mean “include, but are not limited to,” “includes, but is not limited to,” and “including, but not limited to,” respectively and are to be construed as inclusive, not exclusive.
ANY VIOLATION OF THESE OFFICIAL RULES BY A PRIZE WINNER OR ANY BEHAVIOR BY A PRIZE WINNER THAT SHALL BRING SUCH PRIZE WINNER OR SPONSOR INTO DISREPUTE (IN THE SPONSOR’S SOLE AND ABSOLUTE DISCRETION) SHALL RESULT IN SUCH PRIZE WINNER’S DISQUALIFICATION AS A PRIZE WINNER FROM THE SWEEPSTAKES AND ALL PRIVILEGES AS A PRIZE WINNER SHALL BE IMMEDIATELY TERMINATED.
Sponsor reserves the right to cancel, terminate or modify any transmission, term, condition or other activity, including in circumstances where same is not capable of completion as planned, whether by reason of infection by computer virus, bugs, tampering, unauthorized intervention, force majeure, technical failures of any sort or otherwise. Sponsor is not responsible for errors in the administration or fulfillment of the Sweepstakes, including, mechanical, human, printing, distribution or production errors, and may modify or cancel the Sweepstakes for any reason or no reason in its sole and absolute discretion without liability or obligation. Sponsor assumes no responsibility for the incorrect or inaccurate posting of information whether caused by any of the equipment or programming associated with or utilized in the Sweepstakes or by any human error which may occur in the processing of the Postings, Eligible Entries, memberships, registrations or other correspondence or transmissions in connection with the Sweepstakes. Sponsor is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers, or providers, computer equipment, software, applications, failure of any e-mail or players on account of technical problems or traffic congestion or otherwise on the Internet or at any web site or application, or any combination thereof, including, any injury or damage to any Entrant’s or any other person's computer related to or resulting from participation in the Sweepstakes. Sponsor is not responsible for any typographical or other error in the printing of any materials, administration of the Sweepstakes, or in the announcement of the Prize Winners. If, for any reason, any functionality or other aspect of the Sweepstakes is not capable of being offered and/or operated as planned, including, due to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Sweepstakes, Sponsor reserves the right in its sole and absolute discretion to cancel, terminate, modify (e.g., time periods, alternate prizing, eligibility criteria, etc.) or suspend the Sweepstakes. All interpretations of these Official Rules and decisions by Sponsor are final. No software-generated, robotic, programmed, script, macro or other automated online or text message entries are permitted and use thereof shall result in disqualification of all such entries. Sponsor reserves the right in its sole and absolute discretion to disqualify any Entrant or other party for any reason, including those it finds to (i) have tampered with the entry process or the operation of any technology associated therewith (or any component thereof); (ii) be acting in violation of these Official Rules or the spirit of the Sweepstakes; or (iii) be acting in a disruptive or unsportsmanlike manner, whether with intent to annoy, abuse, threaten or harass any other person or Entrant or other otherwise, or to have provided inaccurate information at any time during the Sweepstakes, including, on any entries or legal documents submitted in connection with the Sweepstakes or otherwise. Further, Sponsor reserves the right to disqualify any Entrant whose conduct, in Sponsor’s sole and absolute discretion, is deemed to be offensive, libelous, slanderous, inflammatory, or otherwise inappropriate or unsportsmanlike in any way for the Sweepstakes.
CAUTION: ANY ATTEMPT BY ANY INDIVIDUAL TO DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
Entrants agree to indemnify and hold harmless the Sponsor Entities from any and all liability resulting or arising from Entrant’s acts or omissions in connection the Sweepstakes, to release all rights to bring any claim, action or proceeding against the Sponsor Entities from any and all liability resulting or arising from the Sweepstakes and hereby acknowledge that the Sponsor Entities have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to the Prizes.
13. Disputes/Governing Law: Except where prohibited, as a condition of participating in the Sweepstakes, each Entrant agrees that any and all disputes which cannot be resolved between the parties, claims and causes of action arising out of or connected with the Sweepstakes, or the Prizes awarded, or the determination of the Prize Winners shall be resolved individually, without resort to any form of class action. Further, in any such dispute, under no circumstances shall any Entrant be permitted to obtain awards for, and hereby waives all rights to claim punitive, incidental or consequential damages, or any other damages, including attorneys' fees, other than Entrant’s actual out-pocket expenses (e.g., costs associated with entering the Sweepstakes), and each Entrant further waives all rights to have damages multiplied or increased. All issues and questions, rights and obligations of each Entrant in connection with the Sweepstakes shall be governed by, and construed in accordance with, the laws of the State of New York, U.S.A., without giving effect to the conflict of laws rules thereof and any matters or proceedings as set forth in these Official Rules, shall take place in the State of New York, County of New York. Sponsor and each Entrant waive rights to trial by jury in any action or proceeding instituted in connection with these Official Rules and/or the Sweepstakes.
15. PRIZE WINNERS LIST/RULES REQUESTS: For a copy of these Official Rules or the Prize Winner(s) names, send a separate, stamped, self-addressed envelope to: THE ATTITUDE IS GRATITUDE, 1105 W 41st St, Austin, TX 78756. Vermont residents may omit return postage. Requests received 60 days after the conclusion of the Sweepstakes Period shall not be honored.
16. SPONSOR: The Sweepstakes is sponsored by Bumble Inc and Spiritual Gangster Holdings Inc.. The Sweepstakes is in no way authorized, sponsored, endorsed, approved, or administered by, or in association with, Instagram, Facebook or any of their respective affiliates. Each Entrant releases the foregoing entities from any and all claims and damages arising out of or in connection with the Sweepstakes. Any questions, comments or complaints regarding the Sweepstakes are to be directed to Sponsor, at the address above, not the foregoing entities.