Official Sweepstakes Rules
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
This Sweepstakes is sponsored and administered by Xcel Brands, Inc. (“Sponsor”).
HOW TO ENTER
This Sweepstakes begins at 12:01AM EST on October 12, 2017 and ends at 11:59PM EST on October 19, 2017 (the “Entry Period”). You may enter this Sweepstakes by logging into your Instagram® account and re-posting the #chicdreams promotional photo (as uploaded to Sponsor’s Instagram account, available at @isaacmizrahiny or https://www.instagram.com/isaacmizrahiny at the beginning of the Entry Period), all in compliance with and subject to the terms and conditions of these Official Rules.
In order for your uploaded photo to qualify you to enter the Sweepstakes, the photo and the circumstances surrounding your uploading the photo must satisfy the following conditions:
- Your Instagram account must be set to public – i.e., the “Photos Are Private” option in your Instagram account must be set to “OFF”;
- You must be following Sponsor on Instagram (@isaacmizrahiny or https://www.instagram.com/isaacmizrahiny );
- The photo must be tagged with the #chicdreams and #sweepstakes hashtags;
- The photo must be uploaded during the Entry Period;
- All other terms or conditions of these Official Rules.
Each uploaded photo that satisfies these Official Rules constitutes a single entry into the Sweepstakes. The odds of winning depend on the total number of qualifying entries. Limit one entry per person. Multiple entries submitted by a single entrant are void. You are responsible for any fees associated with internet access, device usage charges, or any other charges incurred in connection with your entry.
This Sweepstakes is open only to persons who are 18 years of age or older as of 12:01AM EST on October 12, 2017, and who are legal residents of the United States and possess a web-enabled mobile device as of October 7, 2017. Void in all states and territories where prohibited. Employees, their immediate families, and household members (whether related or not), of Sponsor, or Sponsor’s affiliates, subsidiaries, divisions, and advertising agencies (collectively, the “Sponsor Parties”) are not eligible to enter this Sweepstakes. This Sweepstakes is subject to all United States federal, state, and local laws. Sponsor reserves the right to verify the eligibility qualifications of any winner.
One winner (the “Winner”) will receive one set of Isaac Mizrahi Home bedding in the size and style of their choosing, composed of 1 comforter, 2 standard shams, 1 flat sheet, 1 fitted sheet, and 2 standard pillowcases (the “Prize”). The instructions for collecting the Prize will be sent to the Winner via direct message to the Instagram account that uploaded the winning photo. The winner must respond to the direct message within 30 days in order to claim the prize. If the selected winner does not respond within this time frame, another winner will be selected. All federal, state, and local taxes and all other duties due in connection with the Prize are the sole responsibility of the Winner. The Prize is non-transferable. No substitution or transfer of the Prize is permitted, except at Sponsor’s sole discretion. The Prize has a value ranging from $129 for a Full size bed set, to $179 for a King size bed set. Sponsor reserves the right to substitute the Prize for one of equal or greater value if the Prize should become unavailable for any reason.
CONDITIONS OF ENTRY
An eligible entrant must enter by uploading a photo to Instagram as described in these Official Rules. Entries will be deemed to be submitted by the natural person acting as the authorized account holder of the applicable Instagram account. All entries submitted that do not comply with these Official Rules are void. Incomplete entries are void, including any inappropriate, incomplete, or duplicative entries. Neither Sponsor, nor any of the Sponsor Parties, assume any responsibility for late, lost, illegible, or misdirected entries. By entering, entrants accept and agree to these Official Rules, including all eligibility requirements. As between you and Sponsor, all entries become the property of Sponsor. By submitting any information or content to Sponsor, including by uploading a photo and related information to Instagram as described herein, you represent that you have the full legal right to provide such information and content and that use of the information by the Sponsor Parties will not: (a) infringe any intellectual property rights of any person or entity or any rights of publicity, personality, or privacy of any person or entity; (b) violate any law, statute, ordinance, or regulation; or (c) constitute disclosure of any confidential information owned by any third party. You further represent that the photo and related information will not, in Sponsor’s sole discretion: (i) be defamatory, libelous or trade libelous, unlawfully threatening, or unlawfully harassing; (ii) impersonate any person or entity or falsely state or otherwise imply an affiliate with a person or entity or is generally false, deceptive, misleading, deceitful, misinformative, or constitute a “bait and switch”; (iii) be obscene, child pornographic, or indecent; or (iv) violate any community or Internet standard.
DETERMINATION OF WINNERS
The Winner will be chosen from a random drawing of all eligible entries received during the Entry Period. The drawing will take place on or about October 20, 2017 and Sponsor will notify the Winner as set forth above on or about that date. The winning entry will be confirmed by appropriate employees of Sponsor whose decisions are final on matters relating to this Sweepstakes. Sponsor is not responsible for any changes to the Winner’s account information with Instagram or other information which may interfere with Winner notification or the process to claim the Prize. Failure to comply with all instructions in the Winner notification, or if a prize is not claimed prior to November 20, 2017, may result in disqualification of the entry and the selection of an alternate Winner.
The information provided by Sponsor in connection with the Sweepstakes is for informational purposes only. Upon submission of your entry, or other material or information, to Sponsor in connection with this Sweepstakes, you grant the Sponsor Parties a worldwide, perpetual, non-terminable, irrevocable, transferable, license to access, use, distribute, perform, reproduce, display, modify, create derivative works based upon, and sublicense such information and content for the purpose of providing the Sweepstakes, prizes, and for all other business purposes of the Sponsor Parties.
By entering this Sweepstakes, you hereby certify that you have complied with all the rules of this Sweepstakes and that you have committed no fraud or deception in entering this Sweepstakes or in claiming the Prize. By entering this Sweepstakes you grant the Sponsor Parties the right to print, publish, broadcast, and use universe-wide in any media now known or later developed at any time or times, your name, Instagram account name, portrait, picture, voice, likeness, and biographical information for any purpose, including for advertising and promotional purposes, without additional consideration, except where prohibited by law.
BY ENTERING THE SWEEPSTAKES OR ACCEPTING ANY PRIZE, EACH ENTRANT AGREES TO BE BOUND BY THESE OFFICIAL RULES AND AGREES THAT THE SPONSOR PARTIES, AND ALL OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, AND OTHER DESIGNEES, WILL HAVE NO LIABILITY WHATSOEVER FOR ANY, AND WILL BE HELD HARMLESS BY THE ENTRANT FOR ALL, LIABILITY FOR ANY INJURY, LOSS, OR DAMAGE OF ANY KIND TO PERSONS AND PROPERTY, DUE IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM THE ACCEPTANCE, POSSESSION, USE, OR MISUSE OF THE PRIZE OR PARTICIPATION IN THIS SWEEPSTAKES OR ANY PRIZE-RELATED ACTIVITY. THE SPONSOR PARTIES DISCLAIM ALL WARRANTIES AND EACH ENTRANT HEREBY WAIVES ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. EACH ENTRANT AGREES TO RELEASE, INDEMNIFY, AND HOLD THE SPONSOR PARTIES, AND ALL OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, AND OTHER DESIGNEES, HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS OF LIABILITY, LOSS OR DAMAGE, JUDGMENTS, COSTS AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES AND DISBURSEMENTS) ARISING OUT OF OR INCURRED IN CONNECTION WITH THE ENTRANT’S PARTICIPATION IN THIS SWEEPSTAKES OR THE ACCEPTANCE OR USE/MISUSE OF ANY PRIZE AWARDED BY SPONSOR.
This Sweepstakes is in no way sponsored, endorsed, or administered by, or OTHERWISE associated with, INSTAGRAM. You are providing your information to Sponsor and not to INSTAGRAM. You hereby agree to release and hold harmless INSTAGRAM from any and all liability, claims or actions of any kind whatsoever for any injuries, damages or losses of any kind in connection with, either directly or indirectly, this Sweepstakes.
The Sponsor Parties are not responsible or liable for any events beyond their control that cause this Sweepstakes to be stopped, including any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction, or unauthorized access to or alteration of entries, nor are they responsible for any problems or technical malfunctions of any telephone networks or telephone lines, online systems, servers, or providers, equipment, software, failure of any email or entry to be received by Sponsor on account of technical problems, human error, filtering or traffic congestion on the internet or at any web site, insufficient space in an entrant’s account to receive messages, or any combination thereof, including any injury or damage to entrant’s or any other person’s computer or mobile device relating to or resulting from participation in this Sweepstakes. If, for any reason, this Sweepstakes is not capable of being conducted as planned, including due to tampering, unauthorized intervention, typographical errors, technical failures, fraud, low participation, or any other causes beyond the reasonable control of the Sponsor Parties, the Sponsor Parties reserve the right at their sole discretion to cancel, terminate, modify, or suspend this Sweepstakes. The Sponsor Parties further reserve the right in their sole discretion to disqualify any individual found to be tampering with the entry process or the operation of this Sweepstakes or to be acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner. When used herein, the words “includes” and “including” and their syntactical variations shall be deemed followed by the words “without limitation.” ANY ACT OR ATTEMPT TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ACT OR ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ACT OR ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.
CHOICE OF LAW AND JURISDICTION
All applicable federal, state, and local laws and regulations apply. This Sweepstakes and all matters, issues, and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules, or the rights and obligations of entrants, the Winner, and Sponsor in connection with this Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Delaware of the United States, without giving effect to any choice of law or conflict of law rules or provisions (whether of the State of Delaware or any other jurisdiction) which might otherwise cause the application of the laws of any jurisdiction other than those of the State of Delaware. Any action seeking legal or equitable relief arising out of or relating to this Sweepstakes or these Official Rules shall be brought only in the state and federal courts of the State of Delaware.
SPONSOR AND WHO WON
As set out above, Xcel Brands, Inc. is the Sponsor of this Sweepstakes. To find out who won this Sweepstakes, send your request along with a self-addressed, stamped letter to 1333 Broadway, Floor 10, New York, NY 10018. Requests received after April 20, 2018 will not be honored.
***The INSTAGRAM® trademark is the property of Instagram, LLC.*** This promotion is in no way sponsored, endorsed, or administed by, or associated with, Instagram, LLC. Bed Bath & Beyond® is not affiliated with Xcel Brands or Isaac Mizrahi NYC, nor is it a sponsor of this promotion. BED BATH & BEYOND® is a registered trademark of Liberty Procurement Co. Inc.