Thinsters ‘Grateful Dead Instagram Sweepstakes’
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
THE THINSTERS ‘GRATEFUL DEAD INSTAGRAM SWEEPSTAKES’ (THE “SWEEPSTAKES”) IS OPEN TO LEGAL RESIDENTS OF THE FIFTY (50) UNITED STATES AND THE DISTRICT OF COLUMBIA WHO ARE 18 YEARS OF AGE AND OLDER OR THE AGE OF MAJORITY IN THEIR STATE OF RESIDENCE, AT THE TIME OF ENTRY, WHO ARE PHYSICALLY LOCATED IN THE UNITED STATES OR THE DISTRICT OF COLUMBIA. EMPLOYEES OF SPONSOR, ADMINISTRATOR, PROMOTIONAL PARTIES, AND EACH OF THEIR RESPECTIVE PARENT COMPANIES, AFFILIATES AND SUBSIDIARIES, AND ANY ADVERTISING OR PROMOTION AGENCIES INVOLVED IN ANY WAY WITH THIS SWEEPSTAKES (AND MEMBERS OF THEIR IMMEDIATE FAMILY AND/OR THOSE LIVING IN THE SAME OF HOUSEHOLD OF EACH SUCH EMPLOYEE) ARE NOT ELIGIBLE. ADDITIONALLY, INDIVIDUALS WHO ARE UNDER ENDORSEMENT AGREEMENTS, SPONSORSHIP AGREEMENTS, OR OTHER SIMILAR RELATIONSHIPS WITH SPONSOR AS DETERMINED BY SPONSOR IN SPONSOR'S SOLE DISCRETION, ARE NOT ELIGIBLE. SUBJECT TO ALL APPLICABLE FEDERAL, STATE, AND LOCAL LAWS AND REGULATIONS. BY PARTICIPATING IN THIS PROMOTION, ENTRANTS AGREE FULLY AND UNCONDITIONALLY TO THESE TERMS AND CONDITIONS AND SPONSOR'S DECISIONS, WHICH ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE SWEEPSTAKES. WINNING A PRIZE IS CONTINGENT ON FULFILLING ALL REQUIREMENTS SET FORTH HEREIN. VOID WHERE OTHERWISE PROHIBITED BY LAW.
SWEEPSTAKES PERIODThe Sweepstakes begins May 20, 2019 at 12:00:01 a.m. Eastern Time (“ET”) and ends August 31, 2019 at 11:59:59 p.m. ET (“Sweepstakes Period”).
HOW TO ENTERThere is one (1) method to enter the Sweepstakes. Each entrant must post a picture of themselves with their Thinsters bag to their public Instagram account during the Sweepstakes Period. Accounts are free but subject to Instagram's Terms of Service (https://bit.ly/1FVji0P). Users must tag #GratefulThinstersSweepstakes in the caption of their submission photo. You may enter as many times as you like, but each Submission must be unique, as determined by the Administrator in their discretion. Your account settings must be set to "unprotected" and/or "public" in order for your posts to be viewable by Sponsor and its agents. If you post updates to or receive updates from Instagram via SMS from your wireless phone, message and data rates may apply. Posting content to Instagram requires a mobile device. Message and Data rates may apply. Please consult your wireless-service provider regarding its pricing plans.
ENTRY REQUIREMENTS AND RESTRICTIONSEach photo must comply with the technical requirements for Instagram. All Submissions must be originally created by entrant. Entrant must have permission from all individuals who may appear in the Submission (if any) to use their names and likenesses in the Submission and to exercise the rights set forth herein. If requested, entrant must be able to provide such permissions in a form acceptable to Sponsor. Submissions must be relevant to the Sweepstakes. Additionally, failure of any Submission to comply with the below requirements and restrictions, as determined by Sponsor, in its sole discretion, may result in disqualification of entrant. Entries will not be acknowledged or returned. Entries must be suitable for presentation in a public forum, in the sole determination of Sponsor. Entry containing any of the following may be disqualified:
- Violates or infringes another's rights, including without limitation, privacy, publicity or intellectual property rights, or that constitutes copyright infringement
- Contains material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
- Contains any unacceptable clothing or adornments, or displays any commercial/corporate advertising other than that of Sponsor;
- Contains indecent or unsafe behavior or situations, profanities or obscenities, including but not limited to nudity, or pornography, or is otherwise inappropriate, indecent, profane, obscene, hateful, tortuous, slanderous or libelous;
- Contains or depicts someone smoking or intoxicated; References persons or organizations without their written permission other than that of Sponsor;>
- Disparages or defames any persons or organizations including but not limited to Sponsor, Administrator or any other person or party affiliated with the Sweepstakes;
- Includes threats to any person, place, business, or group; Is unlawful, in violation of or contrary to all applicable federal, state, or local laws and regulations;
- Contains anything that is determined to damage or diminish the goodwill of the Released Parties, as determined by such entities solely in their respective discretion;
- Does not comply with the terms or conditions or guidelines posted by Instagram (as applicable); or Is otherwise inappropriate, objectionable, or unsuitable for the uses contemplated in these Official Rules, including for presentation in a public forum, as determined by Sponsor in its sole discretion.
- Entries using macro, robotic, script or other forms of automatic entry will be disqualified. Proof of submission does not constitute proof of receipt. If there is a dispute as to the identity of an online entrant, the prize will be awarded to the authorized account holder of the email address associated with the social media account employed for entry. The "authorized account holder" is defined as the natural person to whom the email address is assigned by an Internet service provider, online service provider or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain. A potential winner may be asked to provide the Sponsor and/or Administrator with proof that the potential winner is the authorized account holder of the email address associated with the winning entry. If a dispute cannot be resolved, the entry will be deemed ineligible and an alternate winner may be selected. No responsibility is assumed for entries and winner notification responses that are lost, delayed, lost, misdirected, misdelivered, marked postage-due, illegible, mutilated, incorrect, or incomplete, and such entries will not be eligible for this Sweepstakes.
WINNER SELECTIONAdministrator will randomly select fifty (50) grand prize winners on or about September 2, 2019. The potential winners will be notified via Instagram direct messaging on/about September 2. Administrator is an independent organization whose decisions as to the administration and operation of the Sweepstakes and the selection of the potential winners are final and binding in all matters related to the Sweepstakes. Receiving a prize is contingent upon compliance with these Official Rules. In the event that a potential winner is disqualified for any reason, Sponsor may award the prize to an alternate winner by random drawing from among all remaining eligible entries.
PRIZESFifty (50) Grand Prize winner will be awarded one (1) Grateful Dead T-Shirt. ARV: $10.00. Total estimated ARV of all prizes: $500.00. Odds of winning depend on the number of eligible entries received. Limit one (1) prize per household
Acceptance of a prize constitutes winner’s permission for Sponsor to use winner's Submission, name, photograph, likeness, voice, biographical information, statements, and address (city and state) for advertising and/or publicity purposes worldwide and in all forms of media now known or hereafter developed, in perpetuity, without further compensation except where prohibited by law.
Only the type and quantity of prizes described in these Official Rules will be awarded. If, for any reason, more bona fide winners come forward seeking to claim prizes in excess of the number of each type of prize set forth in these Official Rules, the winners, or remaining winners, as the case may be, of the advertised number of prizes available in the prize category in question may be selected in a random drawing from among all persons making purportedly valid claims for such prize(s). Inclusion in such drawing shall be your sole and exclusive remedy in such circumstances.
No transferring of prize, prize substitution, or cash equivalent of prize permitted by winners. The Sponsor reserves the right to substitute the prize with a prize of equal or greater value in the event an advertised prize becomes unavailable. Any difference between the actual value of any prize and the approximate retail value set forth in these official rules may not be claimed and will not be awarded. Allow 6-8 weeks after winner verification for prize delivery.
CONDITIONS OF PARTICIPATIONEntrants agree to be bound by the terms of these Official Rules. Decisions of Administrator and/or Sponsor are final and binding on all matters pertaining to this Sweepstakes. By participating in the Sweepstakes, each entrant agrees to release, discharge, indemnify, and hold harmless Sponsor, Promotional Parties, and those involved in the development, production, implementation, and distribution of this Sweepstakes, including each of their respective parent companies, affiliates, subsidiaries, service providers, and agencies, and each of their respective directors, officers, agents, employees, attorneys, and any other person or entity associated with such entities and/or the Sweepstakes (collectively, "Released Parties"), from any and all liability for any and all claims, damages, losses or injuries of any kind whatsoever, including without limitation, death, and bodily injury, damages, losses or injuries, or any injury, loss or damages of any kind to persons, including death, or property, arising from or relating to, in whole or in part, directly, or indirectly, from the awarding, delivery, acceptance, use, misuse, possession, loss or misdirection of any prize, including entry and participation in this Sweepstakes or any Sweepstakes or prize or prize related activity, including, but not limited to acceptance, possession, use or misuse of any prize. Winners may be required to sign and return an Affidavit of Eligibility, a Liability Release, and, where legally permissible, a Publicity Release (collectively, "Prize Claim Documents") within ten (10) days following the date of first attempted notification. Failure to comply with this deadline may result in forfeiture of the prize and selection of an alternate winner. If a winner is not of legal age of majority in his or her state of residence (a “minor”), at Sponsor’s option, the applicable prize either may be awarded in the name of parent or legal guardian of winner, or parent or legal guardian of winner may be required to ratify and sign all Prize Claim Documents. Return of any prize/prize notification as undeliverable may result in disqualification and selection of an alternate winner. No responsibility is assumed for any printing, typographical, mechanical or other error in these Official Rules, any online or other advertisements for the Sweepstakes, the announcement of any prize, or otherwise in any materials.
GENERALNo responsibility is assumed for electronic transmission errors resulting in omission, interruption, deletion, defect, delay in operations or transmission, communication line failure, theft or destruction or unauthorized access to or alterations of entry materials, or for technical, network, server, provider, mobile device, electronic, computer, hardware or software malfunctions or limitations of any kind including any injury or damage to entrant’s or any other person’s computer or mobile device related to the Sweepstakes, or inaccurate transmissions of or failure to receive entry information on account of technical problems or traffic congestion on the Internet, at any Web site, on any app, or any combination thereof.
If for any reason the Sweepstakes is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, human error, or any other causes which corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Sweepstakes, Sponsor reserves the right at its sole discretion to cancel, terminate, modify, or suspend the Sweepstakes and to select winners from among the eligible entries received that are unaffected by the problem. Sponsor further reserves the right to disqualify any individual who tampers with the entry process, violates these Official Rules, or undermines the integrity of the Sweepstakes. The Sponsor may prohibit an entrant from participating in the Sweepstakes if it determines that said entrant is attempting to undermine the legitimate operation of the Sweepstakes by cheating, hacking, deception, or other unfair playing practices or intending to abuse, threaten or harass other entrants. Caution: Any attempt by an entrant to deliberately damage any website or undermine the legitimate operation of the Sweepstakes is a violation of criminal and civil laws and should such an attempt be made, Sponsor reserves the right to seek damages from any such entrant to the fullest extent of the law.
DISPUTESExcept where prohibited, each entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or in connection with this Sweepstakes or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by state or federal courts, (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred with entering into the Sweepstakes; and (3) no punitive, incidental, indirect, special, consequential or other damages, including without limitation lost profits or attorneys’ fees, may be awarded, whether foreseeable or not and whether based on negligence or otherwise (collectively, "Special Damages"), and (4) entrant hereby waives all rights to claim Special Damages and all rights to have such damages multiplied or increased.
GOVERNING LAWThis Sweepstakes shall be governed by, and construed in accordance with, the laws of the State of New Jersey, regardless of conflicts of law principles. Any action or litigation concerning this Sweepstakes shall take place exclusively in the federal or state courts sitting in New Jersey, and each entrant expressly consents to the jurisdiction of and venue in such courts and waives all defenses of lack of jurisdiction and inconvenient forum with respect to such courts. Each entrant agrees to service of process by mail or other method acceptable under the laws of the State of New Jersey.
WINNER LISTFor list of the Winners, send a stamped, self-addressed envelope by September 30, 2019 to Thinsters Grateful Dead Sweepstakes Winners, P.O. Box 1916, New York, NY 10156.
SPONSORThat’s How We Roll, LLC, 100 Passaic Ave, Fairfield NJ, 07004
ADMINISTRATORThe A Team LLC, 1441 Broadway, New York, NY 10018.
Instagram, Inc., does not endorse Sponsor’s products and are not sponsors of or in any way affiliated with the Sweepstakes. Trademarks used are the property of their respective owners and are used only for purposes of providing a general prize description. None of the prize manufacturers is a sponsor of or in any way affiliated with the Sweepstakes