Ben Sherman Instagram Sweepstakes (September, 2020) Official Rules
The Ben Sherman Instagram Sweepstakes
Official Rules
The Ben Sherman Instagram Sweepstakes (the "Sweepstakes") is a series of daily prise draw promotions. The Sweepstakes is subject to these Official Rules except as expressly stated otherwise. No purchase necessary to enter or win. A purchase or payment will not increase your chances of winning. The Sweepstakes is sponsored by Ben Sherman UK, c/o BMB Clothing Limited, Granary Building, Canal Wharf, Leeds LS11 5BB, United Kingdom. (the “Sponsor”).
Eligibility: The Sweepstakes is open to legal residents of United States who are at least 18 years of age or older as of the start of the Sweepstakes Period. Entrants must also have a valid Instagram account throughout the Sweepstakes Period. Employees of Ben Sherman, Marquee Brands LLC and its affiliates, Sweepstakes supervisors and members of their immediate families, are not eligible to participate or win. The Sweepstakes is subject to all applicable federal, state and local laws, rules and regulations. Void where prohibited. Participant's computer must accept cookies or any similar device used by the Sponsor to track entries. See Sponsor's Privacy Policy at https://www.bensherman.com/pages/privacy-policy for more information about Cookies and privacy.
Administrator: Marquee Brands LLC, 50 West 57th Street, New York, NY 10019.
Mandatory Instagram Disclosure: This promotion is in no way sponsored or endorsed by, or associated with, Instagram. You are providing your information to Ben Sherman and not to Instagram. The information you provide will only be used for administering this sweepstakes and for marketing purposes in accordance with Sponsor’s privacy policy, located at https://www.bensherman.com/pages/privacy-policy
Sweepstakes Period: Sweepstakes begins at 12:00 a.m. Eastern Time (“EDT”) on September 4, 2020 and ends at 11:00 p.m. EST September 10, 2020 (the “Sweepstakes Period”). During the Sweepstakes Period, Sponsor will conduct one (1) Drawing (“Drawing”).
How to Enter the Sweepstakes. Instagram entries only: You must have an Instagram account. You may create an Instagram account by accessing Instagram at http://instagram.com and following the instructions to create an account for free. Information you provide to Instagram to open an account is subject to Instagram’s privacy policy, located at http://instagram.com/about/legal/privacy/. Once you have an Instagram account, to enter this Sweepstakes:
Follow Ben Sherman (@benshermanofficial) on Instagram
During the Sweepstakes Period, look for the Instagram post that says “Tag To Win.”
You must tag one friend only (“Friend”) in the comments section (who also has an Instagram account), and that friend must also follow @benshermanofficial. It is your responsibility to direct the Friend to follow @bensherman, or to direct Friend to these official rules.
Online entries must be received no later than 11:00 p.m. EDT during the Sweepstakes Period, according to the computer time on Sponsor’s server. Any entries received after 11:00 p.m. of the Sweepstakes end date will not be considered. Incomplete, garbled, corrupted or illegible entries are void and will not be accepted. Sponsor is not responsible for lost, late, damaged, delayed, destroyed, misdirected, or incomplete entries. All entries become the property of the Sponsor. Persons discovered entering under multiple identities will be disqualified. Sponsor reserves the right to disqualify false entries or entries suspected of being false. In the event of a dispute as to the identity of a Selected Sweepstakes Entrant, the Selected Entrant will be deemed to be the person in whose name the Instagram account was opened.
Odds: Odds of winning a prize depend on the number of eligible entries received.
Prizes: There will be 2 Prizes in total, each a $500.00 gift card (for the winner and the Friend). for use on the Ben Sherman website. In the event that more than one person is tagged, the Friend deemed the prize recipient will be the first person tagged.
Total ARV of Prizes: $1,000.00
No substitution, transfer, or cash redemption of prize permitted, provided however that Sponsor reserves the right to substitute a prize with another prize of equal or greater value should the advertised prize become unavailable for any reason, and no winner is entitled to any difference between the actual value and the retail value of any prize. If the Friend is unable or unwilling to accept the prize, Selected Entrant cannot assign or transfer that or their own prize to another person or business. No secondary attempt to award Prize to the friend will be Selected Entrant is solely responsible for any and all federal, state, and local taxes on prize. If prize notification or any prize is returned as undeliverable, or if Selected Entrant may not accept or receive a prize for any reason, prize will be forfeited. Sponsor will not make multiple attempts to contact Selected Entrant or Friend.
Prize will be delivered via email link. No refunds or replacements for lost codes or links.
Winner Selection and Notification of Selected Entrant:
Each qualified entry will be entered into random Drawing for prizes to take place about 9:00 a.m. EDT, on or about the day after the Sweepstakes Period ends, by a representative of Sponsor, from all qualified entries received during the Sweepstakes Period (“Selected Entrant”).
The Selected Entrant and Friend will both be tagged through Instagram in the comments section and sent a direct message to confirm each, independently, is at least eighteen (18) years of age and meets the other requirements. Mobile charges or messaging rates may apply depending upon your mobile carrier. Selected Entrant and Friend will each have seventy-two (72) hours to respond and claim their prizes. If either does not respond with 24 hours, no new winner will be selected. Selected Entrant and Friend may also be sent a declaration of eligibility / liability / publicity release (“Release”). Unless restricted by law, Selected Entrant and Friend will be required to complete and return the Release within five (5) days from the date of notification. An alternate Selected Entrant may be randomly selected from among the remaining eligible entries if a Selected Entrant, up to three (3) attempts: (i) cannot be reached; (ii) fails to obtain all signatures on the Release and to return the documents in a timely manner as required pursuant to these Official Rules; or (iii) cannot accept or receive the prize for any reason. Selected Entrants will have the Prize sent by mail within eight (8) to ten (10) business days of the date on which the Sponsor receives the Selected Entrant’s address and the completed, signed Release (exact timing subject to change based upon availability of Prize). In the event of a dispute about the identity of an Entrant, each entry will be declared made by the authorized account holder of the Instagram account submitted at time of entry.
Publicity: By participating in the Sweepstakes, any Entrant in the Sweepstakes, irrevocably grants the Sponsor and their respective successors, assigns and licensees, the right to use such Entrant’s, name, and the submitted photograph, the Entrant’s biographical information in any and all media for any purpose, including without limitation, commercial, advertising and promotional purposes as well as in, on or in connection with the Website or the Sweepstakes or other promotions, and hereby release the Sponsor from any liability with respect thereto, unless prohibited by law.
General Conditions: By participating, and Except where prohibited, Entrants agree to be fully and unconditionally bound by these Official Rules and the decisions of Sponsor and waive any right to claim ambiguity in the Sweepstakes or these Official Rules. Any portion of the Sweepstakes may be canceled, suspended and/or modified, in whole or in part, if in our opinion any fraud, technical failure or other factor beyond our control impairs the integrity or proper functioning of the Sweepstakes. 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 Sweepstakes or the Website, 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 Sweepstakes, 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. You may not enter with multiple identities or use any automated system, bot or other device or artifice to enter or obtain more than the maximum number of qualified entries. Unclaimed prizes will not be awarded. All federal, state or other tax liabilities (including income taxes) arising from this Sweepstakes will be the sole responsibility of Selected Entrant. Winner who have received additional prizes from Sponsor during the 2020 calendar year may be issued an IRS Form 1099 for the ARV of any awarded prize. Caution: any attempt to deliberately damage or undermine the legitimate operation of the Sweepstakes may be in violation of criminal and civil laws and will result in disqualification from participation in the Sweepstakes. Should such an attempt be made, Sponsor reserves the right to seek remedies and damages (including attorney fees) to the fullest extent of the law, including criminal prosecution, except where prohibited.
Limitations of Liability: If for any reason an entry is confirmed to have been erroneously deleted, lost or otherwise destroyed or corrupted, the Entrant's sole remedy is another entry in the same Sweepstakes during the Sweepstakes Period. Except where prohibited, Selected Entrants also agree to release, discharge, indemnify and hold harmless Sponsor and each of their respective officers, directors, employees, representatives and agents (collectively “Releasees”) from and against any claims, damages, disability, attorneys' fees, and costs of litigation and settlement, as well as any liability due to any injuries, damages or losses to any person (including death) or property of any kind resulting in whole or in part, directly or indirectly, from: (i) use, redemption, acceptance, possession, ownership, or misuse of any prize, (ii) participation in any activity, event, or excursion offered in connection with the prize, (iii) use of any facility, service and/or accommodation related to the prize, or (iv) participation in any Sweepstakes-related activity or participation in this Sweepstakes.The Releasees shall not be liable for: (i) late, lost, delayed, misdirected, incomplete unreadable, inaccurate, garbled or unintelligible entries, communications or affidavits, regardless of the method of transmission; (ii) telephone system, telephone or computer hardware, software or other technical malfunctions, lost connections, disconnections, delays or transmission errors; (iii) data corruption, theft, destruction, unauthorized access to or alteration of entry or other materials; (iv) any injuries, losses or damages of any kind caused by the prize or resulting from acceptance, possession or use of a prize, or from participation in the Sweepstakes; or (v) any printing, typographical, administrative or technological errors in any materials associated with the Sweepstakes. Without limiting the generality of the foregoing, Releasees are not responsible for delays or cancellations related to a pandemic, including COVID-19, computer malfunctions, network connections, email delivery problems, systems failure or incompatibility, typographical, technical or key-stroke errors, or interruptions in your internet service, and for incomplete, illegible, misdirected, misprinted, late, lost, damaged or stolen notifications. In the event Sponsor is prevented from continuing with the Sweepstakes as contemplated herein by any event beyond its control, including but not limited to pandemic, 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 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 Sweepstakes. If the Sweepstakes is terminated before the designated end date, Sponsor will (if possible) select the winners from all eligible, non-suspect Submissions received as of the date of the event giving rise to the termination. 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.
Disputes: Disputes regarding these Official Rules and/or this Sweepstakes will be governed by the internal laws of New York. Other extra-territorial laws may apply if you are a UK resident. Decisions of Sponsor are binding and final. In the event of a dispute as to any entry, the authorized account holder of the Instagram address will be deemed to be the Entrant. No claimant in any dispute involving Sponsor shall be entitled to claim or obtain indirect, punitive, incidental or consequential damages. Sponsor’s failure to enforce any provision in these Official Rules shall not constitute a waiver of that provision.
Sweepstakes Results: For Sweepstakes results and/or a copy of these Official Rules, within 120 days, send an email to [email address] with the title “Ben Sherman Gift Card Promotion” in the subject line.
© 2020, Marquee Brands. All rights reserved.
