The Ben Sherman ANIMAL CROSSING Instagram Sweepstakes
The Ben Sherman Instagram Sweepstakes (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 c/o Marquee Brands, 50 West 57th Street, 5th Floor, New York, NY 10019. (the “Sponsor”).
2. Administrator: Marquee Brands LLC, 50 West 57th Street, New York, NY 10019.
3. COVID-19 ADVISORY. This Sweepstakes may be cancelled in the event the COVID-19 virus or resulting challenges make it impossible to continue to administer the Sweepstakes.
5. Sweepstakes Period: Sweepstakes begins at 12:01a.m. Eastern Time (“EDT”) on May 8, 2020 and ends at 11:59 p.m. EDT on May 22, 2020 (the “Sweepstakes Period”). During the Sweepstakes Period, Sponsor will conduct one drawing from among all otherwise qualified entries received.
· Follow Ben Sherman (@benshermanofficial) and Animal Cross Fits @animalcrossfits on Instagram (the “Feed”). You must follow both Instagram pages in order to be eligible to win.
· On [may 8th], Sponsor will post 1 carousel image with 6 key looks using the hashtags #animalcrossing and #sweepstakes.
· During the Sweepstakes Period, vote for your favorite look by commenting on the most your favorite look. You will be automatically entered into the Sweepstakes.
· For a BONUS ENTRY entrants may post their favorite look on your IG story and tag both @BenShermanOfficial & @AnimalCrossFits.
Only one vote per natural person, regardless of accounts. Online Instagram comment entries must be received during the Submission Period. Any entries received after the Submission Period 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. Winning entrants will be checked to determine whether more than one outfit was voted for. In such a case that entry will be considered 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.
Voting Guidelines: Positive comments, onl Sponsor in its sole discretion will disqualify inappropriate, indecent, obscene, hateful, tortuous, defamatory, legally problematic, slanderous or libellous, or in the sole discretion of Sponsor not in good taste, or 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.
By submitting an entry via comment, each entrant represents and warrants that he or she has all rights to use and license all aspects of the entry submitted and agrees to indemnify the sweepstakes entities for all claims relating to violations of copyright, trademark and right of publicity resulting from or in connection with such entry.
Odds: Odds of winning a prize depend on the number of eligible entries received.
9. Prizes: There will be three prizes
Grand Prize: Nintendo Switch Lite. Animal Crossing New Horizons, Screen protector and black case for prize. Approximate retail value (“ARV”): $340.00
Second Prize; Gift card. ARV: $150
Third Prize: Gift card. ARV $75
Total ARV of Prizes: $800.00
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. Selected Entrant cannot assign or transfer their prize to another person or business. 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 Entrants.
Winner Selection and Notification of Selected Entrant:
The Selected Entrants will be tagged through Instagram in the comments section and sent a direct message to confirm they are at least eighteen (18) years of age and live in the United States. Selected Entrants will have seventy-two (72) hours to respond and claim their prize.If they do not respond with 72 hours a new winner may be selected. Sponsor may randomly select an alternate Selected Entrant from among the remaining eligible entries, up to one (1) attempt. Selected Entrants may also be sent a declaration of eligibility / liability / publicity release (“Release”). Unless restricted by law, Selected Entrants 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 email or post mail, at Sponsor’s discretion, 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.
11. 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.
12. 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. U.S. Entrants 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.
13. 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 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 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. The Sponsor is not responsible if prizes for lost, damaged or stolen once sent to the winners.
14. Disputes: Disputes regarding these Official Rules and/or this Sweepstakes will be governed by the internal laws of New York. 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, send a self-addressed stamped envelope to Animal Crossing Sweepstakes c/o Marquee Brands, 50 West 57th Street, 5th Floor, New York, NY 10019; or email us at firstname.lastname@example.org
© 2020, Ben Sherman. All rights reserved.