Contest Rules & Regulations
1. Eligibility: UNTUCKit’s Show us how you #UNTUCKit Contest (the “Contest”) is open only to legal residents of the fifty (50) United States, including the District of Columbia who are at least eighteen (18) years old at the time of entry. Employees of UNTUCKit LLC and any of their parent and affiliate companies as well as the immediate family (spouse, parents, siblings and children) and household members of each such employee are not eligible. The Contest is subject to all applicable laws and regulations and is void where prohibited by law or regulation.
2. Sponsor: UNTUCKit LLC, 220 Lafayette, New York, NY 10012, U.S.A. (the “Sponsor”)
3. Agreement to Official Rules: Participation in this Contest constitutes entrant’s full and unconditional agreement to abide these Official Rules and Sponsor’s decisions, which are final and binding in all matters related to this Contest. Entrants elegibility to win a prize is contingent upon fulfilling all requirements set forth herein. Each Submission is an express communication of your having read these Official Rules and your warranty and representation to Sponsor that each Submission was obtained and submitted in accordance with these Official Rules and all applicable laws and regulations of any kind or category, civil or criminal, in any jurisdiction where originated or otherwise displayed.
4. Timing: The Contest begins on December 13, 2017, at 12:00am United States Eastern Time ("ET") and ends on January 15, 2017, at 11:59pm ET (the "Contest Period"). Facebook, Inc., Twitter, Inc.'s and Instagram, LLC's servers are the official time-keeping devices for the Contest.
5. How to Enter: To participate you will need to use your email account or your Facebook account, Twitter account and/or your Instagram account (each a “Social Account”). Creating each Social Account is free but use is subject to the applicable terms and conditions of each provider which can be found at (https://www.facebook.com/terms.php), (http://twitter.com/tos) , (http://instagram.com/about/legal/terms/#) or elsewhere on each providers website.
Posting on Instagram requires a mobile device and therefore message and data rates may apply. If entering via a mobile phone using your wireless carrier’s network, standard data charges from your wireless carrier may apply. Your account settings on the Social Account you use to enter must be set to "unprotected" and/or "public" in order for your Tweets or posts to be viewable by Sponsor.
Post to Facebook, Tweet, or post to Instagram, or email one (1) original photo that meets one of the following Contest themes; (a) a father/son, grandfather/grandson, uncle/nephew, etc. wearing UNTUCKit, OR (b) most persons in a photo wearing UNTUCKit OR (c) a person and a dog in a photo both wearing UNTUCKit along with the hashtag: #UNTUCKit (herein your "Submission") and tag UNTUCKit (on Instagram: @UNTUCKit) (on Facebook: @UNTUCKit) and (on Twitter: @UNTUCKit) or email the photo to email@example.com. Note: No purchase is required. You will automatically receive one (1) contest entry for each eligible Submission.
By Tweeting, posting, or emailing your Submission, you agree that it conforms to the guidelines, permissions, and content restrictions below and that Sponsor, in its sole discretion, may remove your Submission from any gallery Social Account platform and disqualify you if it believes that the Submission fails to conform. Sponsor reserves the right to reject and remove any Submission at any time for any reason.
Permissions: Entrant must have permission from any recognizable individuals who appear in the Submission to use their names and likenesses in the Submission and to grant the rights set forth herein. Minors may only be included in the Submission if entrant is their parent or legal guardian or if they have otherwise obtained the express written consent of a parent or guardian. Entrant must be able to provide such permissions or proof in a form acceptable to Sponsor and warrants and represents to Sponsor that they have obtained such permission prior to delivering any Contest Submission.
o The Submission must be in a format compatible for Facebook, Twitter or Instagram (as applicable);
o The Submission must include the hashtags #UNTUCKit; and
o The Submission must not contain material that violates or infringes another’s rights, including but not limited to privacy, publicity or intellectual property rights, or that constitutes copyright infringement;
o The Submission must not contain content created by a third party, such as images or artwork;
o The Submission must not feature brand names or trademarks other than those owned by Sponsor, which entrant has a limited license to use for purposes of his/her Submission in this Contest;
o The Submission must not disparage Sponsor or any other person or party;
o The Submission must not contain material that is inappropriate, offensive, indecent, obscene, tortious, defamatory, or libelous;
o The Submission must not contain material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation, or age; and
o The Submission must not contain material that is unlawful, in violation of, or contrary to the laws or regulations Federal, State or local.
Limit: Each entrant may upload up to thirty (30) unique Submissions during the Contest Period. Each Submission must be unique and duplicate submissions may be removed at the discretion of Sponsor. Submissions received from any person or Social Account in excess of the stated limit will be void and removed at the discretion of Sponsor. Submissions generated by script, macro or other automated means are void and removed at the discretion of Sponsor.
In the event of a dispute as to any Submission, the authorized account holder of the Social Account used to enter will be deemed to be the entrant and must comply with these Official Rules. Each potential winner may be required to show proof of being an authorized account holder, any and all releases or permissions required of persons represented in a Submission. Released Parties (as defined in Section 11, below) are not responsible for lost, late, not received, damaged, incomplete, invalid, un-intelligible, garbled, delayed, or misdirected Submissions; all of which will be void.
6. Winner Determination: After the Contest Period ends, a panel of qualified judges determined by Sponsor in its sole discretion will select the six (3) entrants with the highest-scoring Submissions (the potential winners) from among all eligible Submissions based on the following criteria (“Judging Criteria”):
- Creativity/Originality (33%);
- Quality of Submission (33%); and
- Fit to Contest Theme (34%)
The entrant whose Submission received the highest score will be the potential Grand Prize winner for the given theme (there are a total of 3 themes). In the event of a tie, the entrant whose Submission received the highest score for Fit to Contest Theme, as determined by the qualified judges, in their sole discretion, will be deemed the applicable potential winner. Sponsor will not disclose judging scores.
7. Winner Requirements: Potential winners will be notified via Facebook (@UNTUCKit), Instagram (@UNTUCKit), Twitter (@UNTUCKit), or email (firstname.lastname@example.org) on or around January 15, 2018, and will be required to provide their name, mailing address and email address within two (2) days of the date requested to claim the prize. The potential winners (parent/legal guardian if a minor in his/her state of residence) will be required to sign and return a Declaration of Compliance, Liability Waiver and, where not prohibited, a Publicity Release ("Declaration") and an IRS Form W8-Ben, which must be received by Administrator within three (3) days of the date notice or attempted notice is sent, in order to claim his/her prize. Any potential First Prize winner who is not a resident of the United States will be required to complete an IRS Form W8-Ben within three days of the date notice is sent. If a potential winner cannot be contacted, fails to execute and return the Declaration or any other form request within the required time period, does not comply with these Official Rules, or if prize is returned as undeliverable, potential winner forfeits the prize. If a potential winner is disqualified for any reason, the prize may be awarded to a runner-up, if any, in Sponsor’s sole discretion. Only three (3) alternate winners may be determined, after which the applicable prize will remain un-awarded.
8. Sponsor's Use of Submissions:
For Entrants: Tweeting/posting/emailing a Submission constitutes entrant’s consent to give Sponsor a royalty-free, irrevocable, perpetual, non-exclusive license to use, reproduce, modify, publish, create derivative works from, and display such submissions in whole or in part, on a worldwide basis, and to incorporate it into other works, in any form, media or technology now known or later developed, including for promotional or marketing purposes. If requested, entrant will sign any documentation required for Sponsor or its designees to make use of the non-exclusive rights entrant is granting to use the Submission.
For Winners: Without limiting the generality of these Official Rules, each winner shall irrevocably grant, transfer, convey and assign to Sponsor the entirety of the rights in and to the Submission and all renewals and extensions of copyright, and the right to secure copyright registrations thereto in perpetuity including, without limitation, the rights to use the Submission for any and all purposes in any and all media whether now known or hereafter developed, on a worldwide basis, in perpetuity. Each winner accepts and acknowledges that Sponsor shall not be obligated to use the Submission and that Sponsor in its sole discretion shall have the right to refrain from using the Submission. Sponsor shall not incur any liability whatsoever to the extent Sponsor chooses to refrain from any exploitation of its rights hereunder. Each winner will indemnify Sponsor, Released Parties (as defined in Section 11, below) and any licensee of Sponsor against all claims, damages, liabilities, and expenses (including reasonable counsel fees and legal expenses) arising out of any breach of these terms.
9. Prizes: Prizes are as follows;
ONE (1) GRAND PRIZE FOR THE “BIG & LITTLE” THEME: An UNTUCKit gift card valued at $1,000 USD. Approximate Retail Value (“ARV”): $1,000 USD.
ONE (1) GRAND PRIZE FOR THE “FOR THE BOYS” THEME: An UNTUCKit gift card valued at $500 USD. Approximate Retail Value (“ARV”): $500 USD.
ONE (1) GRAND PRIZE FOR THE “FURRY FRIEND” THEME: An UNTUCKit gift card valued at $250 USD. Approximate Retail Value (“ARV”): $250 USD.
Terms and conditions of UNTUCKit’s gift card apply. Prizes are non-transferable and no substitution will be made except as provided herein at the Sponsor’s sole discretion. Sponsor reserves the right to substitute the prize (or a component thereof) for one of equal or greater value if the designated prize should become unavailable for any reason. Winners are responsible for all taxes and fees associated with prize receipt and/or use.
Limit: One (1) prize per person. Prizes will be fulfilled 8 - 10 weeks after the end of the Contest.
10. Release: By receipt of any prize, each winner agrees to release and hold harmless the Sponsor, Facebook, Inc., Instagram, LLC, Twitter, Inc., and their respective parent companies, subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and prize suppliers, and each of their respective parent companies and each such company’s officers, directors, employees and agents (collectively, the “Released Parties”) from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Contest or receipt or use or misuse of any prize.
11. Publicity Acceptance of any prize shall constitute and signify each winner’s agreement and consent that Sponsor and its designees may use the winner’s name, city, state, likeness, photo, Submission, and/or prize information in connection with the Contest for promotional, advertising or other purposes, worldwide, in any and all media now known or hereafter devised, including the Internet, without limitation and without further payment, notification, permission or other consideration, except where prohibited by law.
12. General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Contest, or any part of it, at any time, if any fraud, technical failures, human error or any other factor impairs the integrity or proper functioning of the Contest, as determined by Sponsor in its sole discretion. If terminated, Sponsor may, in its sole discretion, determine the winners from among all non-suspect, eligible Submissions received up to time of such action using the judging procedure outlined above. Sponsor, in its sole discretion, reserves the right to disqualify any individual it finds to be tampering with the Submission process or the operation of the Contest or to be acting in violation of the Official Rules of this or any other promotion or in an unsportsmanlike or disruptive manner and void all associated Submissions. Any attempt by any person to deliberately 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 and other remedies (including attorneys’ fees) 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 provision.
13. Limitations of Liability: Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrant, printing, typographical or other errors or by any of the equipment or programming associated with or utilized in the Contest; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the Submission process or the Contest; (4) printing, typographical, technical, computer, network or human error which may occur in the administration of the Contest, the uploading, the processing or judging of Submissions, the announcement of the prizes or in any Contest-related materials; (5) late, lost, undeliverable, damaged or stolen mail; or (6) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Contest or receipt or use or misuse of any prize. Released Parties are not responsible for misdirected or undeliverable Submissions or for any technical problems, malfunctions of computer systems, servers, providers, hardware/software, lost or unavailable network connections or failed, incomplete, garbled or delayed computer transmission or any combination thereof. Released Parties are not responsible for any unauthorized third-party use of any Submission.
14. Disputes: Except where prohibited, each entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the Southern District of New York or the appropriate New York State court having venue in New York County, New York; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, 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, indirect, 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 the entrant and Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of New York without giving effect to any choice of law or conflict of law rules (whether of the State of New York or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York.
15. Indemnity: The person or persons responsible for any Submission and the person or persons participating in any Submission (“Entrants”) do indemnify and hold harmless Sponsor and any of its directors, officers, employees, agents, stockholders, members, affiliates, contractors and each of the Social Accounts from and against all allegations, claims, actions, suits, demands, damages, liabilities, obligations, losses, settlments, judgments, costs, and expenses (including without limitation attorneys fees and costs) whether imposed civilly, criminally or under any regulatory scheme or set of rules public or private and which arise out of, relate to or result from the Entrants participation in this Contest. The making of Entrants obligations and covenants as set forth herein are a material inducement to Sponsors acceptance and consideration of any Submission.
17. Winner List: For a winner list, visit www.untuckit.com. The winner list will be posted after winner confirmation is complete.
18. Name Removal Notification System: If you would like your name removed from Sponsor’s mailing list, please email email@example.com and your name will be removed within 60 days of the request.
This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook Inc., Twitter, Inc or Instagram LLC.