Giveaway Rules
GIVEAWAY RULES:
RULES: The winner will be selected at random on 9/30/20. Winner will be notified via Direct Message and receive all prizes by mail. Brands will pay for basic international shipping. If the winner’s location requires any additional “remote delivery” charge then Sponsor reserves the right to award an alternative prize. By entering, you are agreeing to the Official Rules. Entrants release Instagram from any liability associated with entering this giveaway. This giveaway is not affiliated with, sponsored by, or endorsed by Instagram.
NO PURCHASE NECESSARY TO ENTER OR WIN. MAKING A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
1. PROMOTION DESCRIPTION: The INSTAGRAM GIVEAWAY (“Giveaway”) begins and ends at the dates and times stated in the caption of the post announcing the Giveaway (the “Caption”).
The sponsor of this Giveaway is Aperçu Eyewear ("Sponsor"). By participating in the Giveaway, each Entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of Sponsor, which shall be final and binding in all respects. Sponsor is responsible for the collection, submission or processing of Entries (defined below) and the overall administration of the Giveaway. Entrants should look solely to Sponsor with any questions, comments or problems related to the Giveaway. Sponsor may be reached by email at hello@apercueyewear.com.
2. ELIGIBILITY: The giveaway is open only to individuals who are (1) at least 18 years old (or the age of majority in their jurisdiction of residence, whichever is older); and (2) not a legal resident of Italy, Brazil, China, Luxembourg, Quebec, or any country, state, province, or territory currently under sanction by the U.S. Office of Foreign Assets Control, including: Balkans, Belarus, Burma, Cote d’Ivoire, Cuba, DR of the Congo, Iran, Iraq, Liberia (the former regime of Charles Taylor), Lebanon, Libya, North Korea, Somalia, Sudan, Syria, Yemen, and Zimbabwe (note that the list of sanctioned countries can change, so visit https://www.treasury.gov/resource-center/sanctions/Programs/Pages/Programs.aspx for a current list of sanction programs and country information). Eligible participants are each an "Entrant". Employees or contractors of the Sponsor(s) and immediate family members of, and any persons domiciled with any such employees or contractors, are not eligible to enter. This Giveaway is subject to all applicable federal, state and local laws and regulations and is void where prohibited or restricted by law.
3. PRIZES: The prize will be as stated in the Caption.
Prizes cannot be transferred, redeemed for cash or substituted by winner. Sponsor reserves the right in its sole and absolute discretion to award a substitute prize of equal or greater value if the original prize is unavailable or cannot be awarded, in whole or in part, for any reason. The Sponsor’s determination of equal or greater value is final and binding and cannot be appealed. Sponsor makes no representation or warranty concerning the appearance, safety or performance of any prize awarded. Sponsor will not replace any lost or stolen prize items, including prizes lost in the mail.
All federal, state and/or local taxes, fees, and surcharges are the sole responsibility of the prize winner. Failure to comply with the Official Rules will result in forfeiture of the prize.
4. HOW TO ENTER: Enter the Giveaway by following the rules stated in the Caption. You must complete all required steps to receive an entry (each, an “Entry”).
Automated or robotic Entries submitted by individuals or organizations will be disqualified. Entry must be made by the Entrant. Any attempt by Entrant to obtain more than the stated number of Entries by using multiple/different Instagram accounts, identities, registrations, logins or any other methods, including, but not limited to, commercial contest/sweepstakes subscription notification and/or entering services, will void Entrant's Entries and that Entrant may be disqualified. Final eligibility for the award of any prize is subject to eligibility verification as set forth below. All Entries must be posted by the end of the period stated in the Caption in order to participate. Sponsor's database clock will be the official timekeeper for this Giveaway.
5. WINNER SELECTION: The winner of the Giveaway will be selected in a random drawing from among all eligible Entries received on the date specified in the Caption. The random drawing will be conducted by Sponsor or its designated representatives, whose decisions are final. Odds of winning will vary depending on the number of eligible Entries received.
6. WINNER NOTIFICATION: Winner will be notified by DM after the random drawing. Potential winner must accept a prize as directed by Sponsor within 24 hours of notification. Sponsor is not responsible for any delay or failure to receive notification for any reason, including technical difficulties or winner’s failure to adequately monitor any messaging account. To the fullest extent permitted by applicable law, Sponsor may require each potential winner to sign and return, within seven days of being notified, an Affidavit of Eligibility and Liability/Publicity Release in order to claim his/her prize. If (i) the attempted notification is returned as undeliverable without a forwarding address; (ii) any required documents are not returned within seven days, such as the Affidavit of Eligibility and Liability/Publicity Release; or (iii) if potential winner is otherwise unable to accept the prize as stated, the prize will be forfeited and may be awarded to an alternate winner. Only three alternate drawings will be held for each prize, after which the remaining prizes will not be awarded. If, by reason of a print or other error, more prizes are claimed than the number set forth in these Official Rules, an alternate winner will be selected in accordance with the above selection process from among all eligible claimants making purportedly valid claims to award the prizes available.
7. PRIVACY: See Sponsor’s Privacy Policy at https://apercueyewear.com/pages/privacy-policy.
8. LIMITATION OF LIABILITY: Sponsor, Instagram, Inc., Centinelle, Oliva Latinovich, MGG Studio, and any of their respective parent companies, subsidiaries, affiliates, directors, officers, professional advisors, consultants, contractors, legal counsel, public relations firms, employees and advertising, fulfillment and marketing agencies (collectively, the “Released Parties”) will not be responsible for (a) any incorrect or inaccurate entry information, or for any faulty or failed electronic data transmissions; (b) any unauthorized access to, or theft, destruction or alteration of entries at any point in the operation of this Giveaway; (c) any technical malfunction, failure, error, omission, interruption, deletion, defect, delay in operation or communications line failure, regardless of cause, with regard to any equipment, systems, networks, lines, satellites, servers, camera, computers or providers utilized in any aspect of the operation of the Giveaway; (d) inaccessibility or unavailability of any network or wireless service, the Internet or website or any combination thereof; (e) suspended or discontinued Internet, wireless or landline phone service; or (f) any injury or damage to participant's or to any other person’s computer or mobile device which may be related to or resulting from any attempt to participate in the Giveaway or download of any materials in the Giveaway. By entering the Giveaway, you release Sponsor and all Released Parties from any liability whatsoever, and waive any and all causes of action, related to any claims, costs, injuries, losses, or damages of any kind arising out of or in connection with the Giveaway or delivery, misdelivery, acceptance, possession, use of or inability to use any prize (including claims, costs, injuries, losses and damages related to rights of publicity or privacy, defamation or portrayal in a false light, whether intentional or unintentional), whether under a theory of contract, tort (including negligence), warranty or other theory. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE SPONSOR OR THE RELEASED PARTIES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING, NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED TO YOUR PARTICIPATION IN THE GIVEAWAY OR USE OR INABILITY TO USE ANY EQUIPMENT PROVIDED FOR USE IN THE GIVEAWAY OR ANY PRIZE, EVEN IF A RELEASED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
If, for any reason, the Giveaway is not capable of running as planned for reasons which may include without limitation, infection by computer virus, tampering, unauthorized intervention, fraud, technical failures, or any other causes which may corrupt or affect the administration, security, fairness, integrity or proper conduct of this Giveaway, the Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Giveaway in whole or in part. In such event, Sponsor shall immediately suspend all drawings and prize awards, and Sponsor reserves the right to award any remaining prizes in a manner deemed fair and equitable by Sponsor. Sponsor and released parties shall not have any further liability to any participant in connection with the Giveaway. EACH ENTRANT AGREES THAT ANY DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS GIVEAWAY OR ANY PRIZE AWARDED WILL 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 STATE COURT LOCATED IN NEW YORK CITY, NEW YORK. THESE OFFICIAL RULES ARE GOVERNED BY THE LAWS OF THE STATE OF NEW YORK WITHOUT REGARD TO CHOICE OF LAW OR CONFLICT OF LAW RULES. YOU WAIVE ANY AND ALL OBJECTIONS TO JURISDICTION AND VENUE IN THESE COURTS AND HEREBY SUBMIT TO THE JURISDICTION OF THOSE COURTS. For a copy of the winner list, send a stamped, self-addressed, business-size envelope for arrival within one year of the giveaway to the address listed below with the date of the giveaway listed. To obtain a copy of these Official Rules, visit https://ter.li/fayr7o or send a stamped, self-addressed business-size envelope to the address listed below with the date of the giveaway listed. VT residents may omit return postage.
SPONSOR:
Aperçu Eyewear
335 Madison Ave. 16th floor, New York NY 10017