OFFICIAL RULES

NO PURCHASE REQUIRED TO ENTER

 

DESCRIPTION

THE JUDE CONNALLY JC IKAT CARRYALL BAG GIVEAWAY (the “Giveaway”) begins at 12:00 p.m. Eastern Time (“EST”) on August 14, 2015, and ends at 11:59 p.m. PT on August 20, 2015 (the “Giveaway Period”). The Giveaway provides you with an opportunity to leave a comment on our Instagram post and tell us which Jude Connally print is your favorite for a chance to win a JC Ikat Carryall Bag. By participating in the giveaway, you unconditionally accept and agree to comply with and abide by these official rules (the“Official Rules”), the entry form, Sponsor’s privacy policy (“Sponsor’s Policies”), and the decisions of Jude Connally E-Commerce (“Sponsor” or “Jude Connally”), which shall be final and binding in all respects. To the extent Sponsor’s Policies and these Official Rules conflict, the Official Rules shall prevail.

 

ELIGIBILITY

Open to legal residents of the fifty (50) United States and Washington D.C., except where prohibited, who are at least 18 years of age or older as of the start of the Giveaway Period (“Entrants”). No purchase is required to enter or win. Entrants are not required to purchase to enter. Instagram does not endorse, sponsor, or administer this Giveaway and are not affiliated with Sponsor. The Giveaway is void in Puerto Rico, the U.S. Virgin Islands, U.S. Military installations in foreign countries, all other U.S. territories and possessions, and wherever else restricted or prohibited by law. The Giveaway is sponsored by Jude Connally, 361 S Michigan Avenue, Kenilworth, NJ 07033. Employees and officers of Sponsor, its parents and subsidiaries, advertising and promotion agencies and all other persons or entities participating in the design, promotion, marketing, advertising, administration, or fulfillment of this Giveaway and their immediate families and persons living in the same household, (collectively, “Giveaway Entities”) are ineligible to participate in the Giveaway. The Giveaway is subject to all applicable federal, state, and local laws and regulations.

 

HOW TO ENTER

You can enter the Giveaway through Instagram. To enter the Giveaway through Instagram, you will need to have a public Instagram account. If you do not have a public Instagram account, you can create one for free at www.instagram.com. To enter, tell us your favorite Jude Connally print in the comments of our 8/14 post on our Instagram page www.Instagram.com/JudeConnally (“Instagram Submission”). The Instagram Terms of Use can be found at http://instagram.com/about/legal/terms/. An Instagram Submission constitutes an entry into the Giveaway (a “Submission”). Additionally, a bonus entry will be awarded for each friend tagged in your comment. Comments (1) may not be sexually explicit, unnecessarily violent, obscene, lewd, offensive or derogatory; (2) may not promote drugs, tobacco or firearms; (4) may not depict any violation of law; (5) Must not advertise or promote any brand or product of any kind (other than Sponsor’s), without written permission, or contain any personal identification, including, but not limited to, license plate numbers, personal names, e-mail addresses or street addresses; (6) Must not disparage the Giveaway Entities, or any other person or party affiliated with the Giveaway; (7) Must not communicate messages inconsistent with the positive images and/or goodwill to which the Giveaway Entities wish to associate; and (8) must comply with Sponsor’s Policies. Sponsor has the sole and exclusive discretion to disqualify and remove any entry for any reason, and if any such entry contains use of Sponsor’s marks, Entrant further agrees to withdraw the Submission from any publicly accessible forum. Submissions may not be edited after submission. Incomplete Submissions, including, but not limited to those Submissions that do not meet the requirements specified in these Official Rules, will not be eligible. Contact information for all Entrants will be retained by Sponsor, and Sponsor reserves the right to use it for marketing purposes. Submissions will be deemed to have been submitted by the Authorized Account Holder of the social media account or email address provided at the time of Submission. “Authorized Account Holder” is defined as the natural person who is assigned to an e-mail address or social media account by an internet access provider, online service provider, or other organization (such as a business or educational institution) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address and social media accounts. In the event of a dispute over the ownership of an e-mail address or social media account, the prize will be awarded to the Authorized Account Holder of the designated e-mail address or social media account. This Giveaway shall be governed by New Jersey law. By participating in this Giveaway, Entrants agree that New Jersey courts shall have jurisdiction over any dispute or litigation arising from or relating to this Giveaway and that venue shall be only in New Jersey. Entrants are advised to retain copies of their Submissions for their records because the Submissions will not be acknowledged or returned. The Submissions must be received no later than 11:59 p.m. PT on August 20, 2015, according to Sponsor’s internal time clock.

 

WINNER SELECTION

All eligible entries received by August 20, 2015 11:59 EST will be chosen at random on or about Monday, August 24, 2015 and announced on the Jude Connally Instagram page (@JudeConnally.com) in a post. Winners will also be notified via DM on or about August 20, 2015. Any Submission that is considered by Sponsor in its sole discretion to be obscene, pornographic, libelous, inapposite to the fair play or reputation of Sponsor, or otherwise objectionable or inappropriate, or which otherwise does not comply with these Official Rules or Sponsor’s Policies, will be disqualified. All Submissions or other materials and personal information submitted as part of the Giveaway may be shared by Sponsor. Except as otherwise stated in these Official Rules, personal information collected in connection with this Giveaway will be used by the Sponsor in accordance with its privacy policies found at http://www.jude connally.com/privacy/ and with the consent given by an Entrant at the time of entering a Submission. Any communication or information transmitted to the Sponsor and/or the Websites by email, or otherwise, is and will be treated as non-confidential and nonproprietary. Proof of submitting any Submission is not considered proof of delivery to or receipt of such Submission by Sponsor. Furthermore, the Sponsor shall have no liability for any Submission that is lost, intercepted, or not received by the Sponsor.

 

ODDS

Odds of winning a prize depend on the number of eligible entries received.

 

PRIZE AND PRIZE VALUE

The twenty five (5) prizes (“Prize”) are a JC Ikat Carryall Bag. The retail value (“ARV”) of the prize is $48.00. Total ARV for all prizes is $1,200.00. Potential Winners will be notified via Instagram Direct Message and may be required to sign and return an Affidavit of Eligibility and Liability/Publicity Release (“Affidavit”), as well as to provide any other document Sponsor may require, within a specified time. Potential Grand Prize Winner must provide evidence of eligibility. Each guest of the Grand Prize Winner must be eighteen (18) years of age or older and will also be required to execute an Affidavit. A failure by Prize Winner or guests to timely return a signed Affidavit or other required documentation will result in Prize forfeiture. The Prize discount code will expire by 12/31/2015.

 

LICENSE

By entering your Submission in the Giveaway, you hereby grant Sponsor and its successors, assigns, and licensees, a worldwide, perpetual, non-exclusive, irrevocable, royalty-free, sublicenseable (through multiple tiers) and transferable license (with a right to create derivative works) to use, copy, adapt, modify, transmit, distribute, perform, and display your Submission, in any and all media, in whatever form, and for any legal purpose whatsoever, now known or that may become known in the future. Each Entrant irrevocably waives any and all so-called moral rights he or she may have in the Submission(s) submitted by him or her. Submissions may be posted or reposted in social media vehicles by Sponsor.

 

REPRESENTATIONS AND WARRANTIES / INDEMNIFICATION

A Submission must be the original work of the Entrant, may not have been previously published, may not have won previous awards, 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 Submission contains any material or element that is not owned by the Entrant and/or which is subject to the rights of third parties, the Entrant is responsible for obtaining, prior to submitting the Submission, any and all releases and consents necessary to permit the use and exhibition of the Submission in the manner set forth in these Official Rules and Sponsor’s Policies, including, without limitation, name and likeness permissions for any person that appears in or is identifiable in the Submission. By submitting a photograph, Entrant warrants that the photograph (1) does not contain trademarks, logos or trade dress owned by anyone other than Entrant or Sponsor; (2) does not contain copyrighted material owned by anyone other than Entrant; and (3) does not use the name or likeness of persons living or dead without permission. Sponsor reserves the right to request proof of any permissions or licenses an Entrant may have received, in a form acceptable to Sponsor from any Entrant at any time. By submitting a Submission, Entrant warrants and represents that he or she and any persons appearing or who are identifiable in the Submission, consent to the submission, use and exhibition of the Submission in the manner set forth in these Official Rules and Sponsor’s Policies. Sponsor reserves the right to disqualify any Submission for any reason, in its sole and absolute discretion. If any portion of a Submission is deemed disqualified, the entire Submission will be disqualified.

 

DATES & DEADLINES / ANTICIPATED NUMBER OF ENTRANTS

Because of the unique nature and scope of the Giveaway, Sponsor reserves the right, in addition to those other rights reserved herein, to modify any date(s) or deadline(s) set forth in these Official Rules or otherwise governing the Giveaway. Sponsor cannot accurately predict the number of Entrants who will participate in the Giveaway.

 

PUBLICITY RELEASE

By participating in the Giveaway, in addition to any other rights which may have been granted in any other agreement between Sponsor and any Entrant or Winner of the Giveaway, each Entrant irrevocably grants the Sponsor and its successors, assigns, and licensees, the right to use such Entrant’s Submission, name, likeness, and biographical information, as well as the name, likeness, and biographical information of any individual(s) participating in the Submission, in any and all media and for any purpose, including without limitation, commercial, advertising and promotional purposes as well as on or in connection with the Websites or the Giveaway or other promotions, and hereby releases the Sponsor from any liability with respect thereto, except where prohibited by law. Entrant will ensure that all individuals participating in the Submission are aware of this provision.

 

NATURE OF RELATIONSHIP / WAIVER OF EQUITABLE RELIEF

Each Entrant hereby acknowledges and agrees that the relationship between the Entrant and the Sponsor is not a confidential, fiduciary, or other special relationship, and that the Entrant’s decision to provide the Entrant’s Submission to Sponsor for purposes of the Giveaway does not place the Sponsor in a position that is any different from the position held by members of the general public with regard to elements of the Entrant’s Submission. Each Entrant acknowledges and agrees that the Sponsor does not now, and shall not have in the future, any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of the Entrant’s copyright in and to his or her Submission. Finally, each Entrant acknowledges that, with respect to any claim by Entrant relating to or arising out of the Giveaway, including without limitation, Sponsor’s use of any Submission or other material submitted in connection with the Giveaway, the damage, if for any, thereby caused to the applicable Entrant will not be irreparable or otherwise sufficient to entitle such Entrant to seek injunctive or other equitable relief.

 

PRIVACY POLICY AND TERMS OF USE

BY ENTERING THIS GIVEAWAY, EACH ENTRANT ACKNOWLEDGES THAT HIS OR HER FIRST AND LAST NAME MAY BE ANNOUNCED ONLINE. ENTRANT FURTHER HEREBY ACKNOWLEDGES AND AGREES THAT: (i) THE ENTRANT HAS OPTED INTO JUDE CONNALLY’S PRIVACY POLICY LOCATED AT http://judeconnally.com/pages/privacy-policy AND (ii) BY OPTING INTO JUDE CONNALLY’S PRIVACY POLICY, THE ENTRANT HAS READ AND CONSENTS TO JUDE CONNALLY’S PRIVACY POLICY. EACH ENTRANT FURTHER ACKNOWLEDGES THAT IF HE OR SHE IS CHOSEN AS A WINNER, CERTAIN OF HIS OR HER IDENTIFYING INFORMATION MAY BE DISCLOSED TO THIRD PARTIES (AT LEAST AS REQUIRED BY LAW), INCLUDING, WITHOUT LIMITATION, ON AN ONLINE PAGE LISTING PRIZE RECIPIENT.

 

GENERAL LIABILITY RELEASE

Entrants agree that the Giveaway Entities shall not be responsible or liable for any losses, damages, or injuries of any kind resulting from the Giveaway or any Giveaway-related activity. Giveaway Entities assume no responsibility for any damage to an Entrant’s computer system which is occasioned by accessing the Websites or participating in the Giveaway, or for any computer system, phone line, hardware, software, or program malfunctions, or other errors, failures, delayed computer transmissions or network connections that are human or technical in nature. Without limiting the generality of the foregoing, Giveaway Entities are not responsible for incomplete, misdirected, late, lost, damaged, or stolen Submissions or notifications; or for lost, interrupted, inaccessible, or unavailable networks,

 

servers, satellites, internet service providers, websites, or other connections; or for miscommunications, failed, jumbled, scrambled, delayed, or misdirected computer, telephone, or cable transmissions; or for any technical malfunctions, failures, difficulties, or other errors of any kind or nature; or for the incorrect or inaccurate capture of information, or the failure to capture any information. Sponsor reserves the right in its sole discretion to disqualify any individual who is found to be tampering with the entry process or the operation of the Giveaway or the Websites, to be acting in violation of these Official Rules, or to be acting in an unsportsman-like or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Giveaway, or to annoy, abuse, threaten, or harass any other person, and Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. Entrants agree to release Instagram from any and all liability related to the Giveaway.

 

 FORCE MAJEURE

In the event Sponsor is prevented from continuing with the Giveaway as contemplated herein by any event beyond its control, including, but not limited to, fire, flood, earthquake, explosion, labor dispute, or strike, act of God or public enemy, or any federal, state or local government law, order, or regulation, or any tampering or interference by an individual or entity causing disruption to the operation of the Giveaway or Websites, or other cause not reasonably within Sponsor’s control (each a “Force Majeure” event or occurrence), then subject to any governmental approval which may be required, Sponsor shall have the right to modify, suspend, or terminate the Giveaway. If the Giveaway is terminated before the designated end date for a Force Majeure event or for any other reason, Sponsor will (if reasonably possible) select the winners from all eligible, non-suspect Submissions received as of the date of the Force Majeure event giving rise to the termination.

 

SEVERABILITY

The invalidity or unenforceability of any provision of these rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.

 

WINNERS’ LIST / OFFICIAL RULES

These Official Rules and the Grand Prize Winner will be posted at www.instagram.com/judeconnally. Questions, comments or complaints regarding the Giveaway should be directed to Sponsor and not Instagram.

Copyright © 2015, Jude Connally. All rights reserved.