#SmartwoolSummer Sweepstakes (the “Sweepstakes”)
Please read these official rules carefully.
NO PURCHASE NECESSARY.
A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING A PRIZE.
VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with, Instagram.
1. GENERAL INFORMATION
Sponsor: Smartwool, a division of VF Outdoor, LLC (“Smartwool”).
Sponsor Mailing Address: 1551 Wewatta St, Denver, CO 80202
Synopsis: Post a photo or video on Instagram and include the hashtag #SmartwoolSummerer, tag someone in your community, and be following @smartwool.
Start Date: August 2, 2020 at 8:00am MT.
End Date: September 30, 2020 at 11:59pm MT.
Number of winners: four (4) winners selected
Prize: Two (2) pair of Smartwool® PhD Hiking socks (Prize Value approximately $50).
Odds of Winning: Odds of winning depend on number of entries received.
2. Eligibility: Sweepstakes open only to legal residents residing in the 50 United States and District of Columbia, 13 years of age or older. Employees of Smartwool, its parent and affiliates, Instagram, print production agencies or any other person or company connected with the production or distribution of this Sweepstakes and the immediate family members (spouse, parent, child, sibling and their respective spouses, regardless of where they live) or persons living in the same households of such employees, whether or not related, of the foregoing, are not eligible to enter or to be awarded a prize.
3. ENTRY PERIOD: The Sweepstakes begins on August 2, 2020 at 8:00am MT and ends on September 30, 2020, at 11:59pm MT.
4. HOW TO ENTER: During the Entry Period, post a photo or video on Instagram and include the hashtag #SmartwoolSummerer, tag someone in your community, and be following @smartwool. All entries submitted during an Entry Period must be posted by 11:59 pm (MST) on the last date of that Entry Period as set forth above. Entry will be declared made by the authorized account holder used to submit the entry. “Authorized account holder” means the natural person who is assigned the account on Instagram. Entrant’s Instagram profile must be public for Entry to be accepted. Entries that are incomplete, illegible or corrupted are void and will not be accepted. No mechanically reproduced entries are permitted. All entries become the property of Smartwool and will not be returned or acknowledged. Smartwool is not responsible for late, lost, incomplete, inaccurate or misdirected entries or entries not received for any reason. Multiple entries are allowed per Sweepstakes entry period. Smartwool is not responsible for late, lost, illegible, incomplete, stolen, garbled or misdirected entries, all of which are void. Only completed entries are eligible. All ineligible entries will be disqualified. Entries that are incomplete, illegible or corrupted are void and will not be accepted.
The photographs and/or video submitted for this Sweepstakes must be the original, unpublished work of the contestant who must possess the sole copyrights to the images. For all entries, Smartwool shall have the perpetual right to edit, adapt and publish any or all such photographs, and may use them in any media without further consent from, attribution or compensation to the entrant, his/her successors or assigns, or any other entity. A SUBMISSION CONSTITUTES ENTRANT’S AGREEMENT TO GRANT SPONSOR AN IRREVOCABLE, PERPETUAL, ROYALTY-FREE, SUB-LICENSABLE WORLDWIDE LICENSE TO USE, REPRODUCE, DISTRIBUTE, TRANSFER, COPY, PUBLICISE, ADAPT, MODIFY AND DISPLAY SUCH PHOTOGRAPHS OR ANY DERIVATIVE THEREOF. To enter the Sweepstakes, the entrant irrevocably agrees and acknowledges that Smartwool shall have the right to use the entrant’s name or any other personal information in advertisements or related publicity without prior consent. None of the elements in the photo should infringe upon any rights (including personal portrait rights and intellectual property rights over architecture, paintings, sculptures, design and so on) of any third person. Relevant credit will be given to the entrant where possible. All entries submitted become the sole property of Smartwool without compensation to the entrant and will not be returned.
Entries may not defame or invade the publicity rights or privacy of any person, living or deceased, or otherwise infringe upon any person’s personal or proprietary rights, including but not limited to copyrights, trademarks, moral rights, rights of privacy/publicity or other intellectual property rights, and that no other party has any right, title, claim or interest in the photograph. All photographs submitted may be posted on a publicly accessible web site during and following the Sweepstakes. Each entrant agrees to indemnify and hold harmless Sponsor from and against all liability, loss, damage, costs and expenses in relation to any claim or action brought against Sponsor arising out of or in relation to a breach of any of the entrant’s warranties herein. Sponsor is not responsible for late, lost, illegible, incomplete, stolen, garbled or misdirected entries, all of which are void. The photograph must not contain material that: (1) is pornographic, degrading, inappropriate, indecent, obscene, hateful, tortious, defamatory, abusive, slanderous or libelous; (2) 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; or (3) is unlawful, in violation of or contrary to the laws or regulations in any country, state or district where the photograph is created. Entries will be deemed made by the authorized account holder of the Instagram account submitted at time of entry. By entering the Sweepstakes, entrant recognizes and agrees that all information and personal data provided by (including the name and addresses) will be used for the purposes of identification of the entrant and verification of the entrant’s eligibility to participate in the Sweepstakes and may be processed, shared, and otherwise used for other purposes within the context of or otherwise related to the Sweepstakes and may be transferred to any government departments and/or other organizations or agencies authorized to process this information. Sponsor shall have the right to disqualify any entries that do not meet the foregoing requirements or that it deems to be obscene or otherwise not in good taste, as determined by Sponsor in its sole discretion, without the need to publicize or notify the affected participant the reason for disqualification.
5. WINNER SELECTION: Smartwool will randomly select a minimum of (1) winner each week (submission-dependent) among eligible entries received, at Smartwool’s sole discretion. Each week’s selection will occur approximately one week after the end of each seven (7) day period of the Entry Period. If a potential winner cannot be reached within five (5) days of attempted notification, the prize will be forfeited and Smartwool may select an alternate winner. If a potential winner does not confirm his/her address within three (3) days of initial contact, Smartwool may award the prize to an alternate winner. Odds of winning will depend upon the total number of eligible entries received during the Entry Period. Smartwool reserves the right to not select a winner if none of the entries meet Smartwool’s requirements.
6. PRIZE AND APPROXIMATE RETAIL VALUE: Smartwool will award a total of four (4) prizes. Each prize is two (2) pair of Smartwool® PhD Hiking socks (value is $50). Total value of prizes awarded is approximately $200.00.
ALL TAXES ARE THE SOLE RESPONSIBILITY OF THE WINNER.
7. LIMITATION OF LIABILITY: By entering this Sweepstakes or accepting the prize, all entrants agree to release, discharge, and hold harmless Instagram, Smartwool and its parent, affiliates, and subsidiaries and their respective employees, officers, directors, agents and representatives from any and all liability, claims, losses and damages arising out of their participation in this Sweepstakes or any Sweepstakes-related activities and the acceptance and use, misuse, or possession of any prize awarded hereunder, including, without limitation, all liability for injuries, including, but not limited to, personal injury, bodily injury (including, without limitation, wrongful death or disability), property damage, or loss or damage of any other kind arising in whole or in part, directly or indirectly, from delivery/non-delivery, acceptance, use or misuse of the prize or from participation in this Sweepstakes or any Sweepstakes-related activity.
8. INTERNET: Smartwool is not responsible for electronic transmission errors resulting in omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to or alternation of entry materials, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions or limitations of any kind, or inaccurate transmissions of or failure to receive entry information by Smartwool on account of technical problems or traffic congestion on the Internet or Instagram or any combination thereof. If, for any reason, the Internet or Instagram is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Sweepstakes, Smartwool reserves the right in its sole discretion to cancel, terminate, modify or suspend the Sweepstakes. Smartwool reserves the right to disqualify any individual who tampers with the entry process. Caution: any attempt by a contestant to deliberately damage any Web site or undermine the legitimate operation of the Sweepstakes is a violation of criminal and civil laws and should such an attempt be made, Smartwool reserves the right to seek damages from any such person to the fullest extent of the law.
9. CONDITIONS OF PARTICIPATION: This Sweepstakes is void where prohibited. No transfer, assignment or substitution of a prize, except Smartwool reserves the right to substitute the prize (or a portion thereof) for an item of equal or greater value in the event a prize (or portion thereof) is unavailable. All federal, state, local and provincial laws and regulations apply. Entrants agree to be bound by the terms of these Official Rules and by the decisions of Smartwool, which are final and binding on all matters pertaining to this Sweepstakes. Return of any prize/prize notification as undeliverable or lack of response by winner may result in disqualification. If any provision(s) of these Official Rules are held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect. Unless prohibited by law, acceptance of the prize constitutes permission for Smartwool and its affiliates and agencies to use winner's name for advertising and publicity purposes, without further consent or compensation.
10. CHOICE OF LAW AND JURISDICTION: Except where prohibited by law, all issues concerning the construction, validity and enforcement of these Official Rules, or the rights and obligations of the entrant and Smartwool, shall be subject to and governed by the laws of the State of Colorado, without regard to conflicts of law. All suits or claims brought in connection with this Sweepstakes must be brought in a state or federal court in Colorado.
11. WINNER LIST: Send a separate self-addressed, stamped envelope (if state law prohibits, postage need not be prepaid) to: Smartwool Steamboat Gondola Selfie Sweepstakes, Attention: Tyler Gutierrez, 1551 Wewatta St, Denver, CO 80202. All requests must be received by September 30, 2020. Winner first name and state may be posted on Smartwool.com after the winner has been notified and provided their mailing address.