“National Underwear Day Giveaway – Week 4” 2020 Official Rules - USA

NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. THE FOLLOWING GIVEAWAY IS OPEN TO LEGAL RESIDENTS OF THE CONTIGUOUS UNITED STATES ONLY, WHO MEET THE ELIGIBILITY REQUIREMENTS (AS DEFINED BY THE RULES BELOW). VOID WHERE PROHIBITED OR RESTRICTED BY LAW. THE SUBMISSION OF AN ENTRY IN THIS GIVEAWAY CONTITUTES UNCONDITIONAL ACCEPTANCE OF THESE OFFICAL RULES AND THE INTENT TO BE LEGALLY BOUND HEREBY.

 

  1. DESCRIPTION

The “National Underwear Day Giveaway – Week 4” (the “Giveaway”) is sponsored by Gildan USA Inc. (the "Sponsor"), and the Sponsor will govern this Giveaway in its entirety. The Giveaway shall award one (1) Socks Prize Pack consisting of an assortment of men’s and/or women’s socks (the “Prize” and collectively, the “Prizes”) to each of ten (10) randomly-drawn individuals (the “Winners”) among the participants who (i) follow @gildanonline on Instagram; (ii) like the Giveaway post and (iii) tag one (1) friend in the comment section of the Giveaway post. Entry into the Giveaway does not constitute entry into any other giveaway or sweepstakes administered by the Sponsor. The approximate retail value of the Prize is one hundred and thirty dollars ($130).

 

  1. GIVEAWAY PERIOD

The Giveaway is scheduled to begin on Wednesday August 26, 2020 at 12:00 p.m. EST and end on Tuesday, September 1, 2020 at 11:59 p.m. EST (the "Giveaway Entry Period"). The Winners will be contacted on or around Wednesday, September 2, 2020. There will be a total of one (1) Prize awarded to each Winner. The Giveaway is subject to all applicable federal, state and local laws and regulations and is void where prohibited.

 

  1. AGREEMENT TO THE OFFICIAL RULES

By participating in the Giveaway, each participant (herein known as the “Participant”) fully and unconditionally accepts and agrees to comply with and abide by these Official Rules and all decisions of the Sponsor, which shall be final. Each Participant understands that they are providing their information to the Sponsor and not to any social media organization through which this Giveaway may be advertised. The information provided will be used in accordance with the Sponsor’s Privacy Policy (available at https://gildan.com/privacy-confidentiality/). Should there be any conflict between Sponsor’s Privacy Policy and these Official Rules, these Official Rules shall govern. This Giveaway is in no way sponsored, endorsed or administered by, or associated with, Instagram. Participant understands that he or she is providing his or her information to the Sponsor and not to Instagram. By participating in this Giveaway, Participants agree to a complete release of Instagram from any claims, actions, losses, and/or demands arising out of, or in connection with, the Giveaway.

 

  1. ELIGIBILITY

The Giveaway is open to all legal residents of the contiguous United States (excluding Florida, Alaska, Hawaii, Puerto Rico, Guam, the US Virgin Islands and other United States overseas territories) and the District of Columbia, who are eighteen (18) years of age or older as of the beginning of the Giveaway Entry Period. The following classes of persons are not eligible to enter, participate or win: (i) employees, officers, and directors of participating Sponsors, each of their respective franchisees, affiliated companies, subsidiaries, distributors, retailers, printers, advertising and promotion agencies, and any and all other companies associated with the design or execution of this Giveaway; (ii) the members of the immediate families or households of any of the above, whether or not related; or (iii) individuals who do not have access to an internet connection in order to visit the Giveaway website, or a valid Instagram account. “Immediate family members” includes, for purposes of this promotion, parents (including in-laws), grandparents, siblings (including step-siblings), children (including step-children), grand children (including step grandchildren) and each of their respective spouses. Limited to only one winner per household.

 

  1. HOW TO ENTER

Eligible Participants must (i) follow @gildanonline on Instagram and (ii) like the Giveaway post and (iii) tag one (1) friend in the comment section of the Giveaway post. Participants are permitted to enter each of the four (4) week’s National Underwear Day Giveaway but are only permitted to win one (1) total Prize during the span of such National Underwear Day Giveaway period. All other entries are ineligible to participate or win any prize. The Winners will be selected at random and not on the basis of the comment posted.

                                   

Sponsor is not responsible for lost, late, misdirected, illegible, incomplete, invalid, unintelligible, damaged, or for entries submitted in a manner that is not expressly allowed under these rules, or for any entry not submitted or received or lost due to any technical error or failure, human or programming error, unauthorized human intervention, inaccurate capture or mis-entry of any required information, or the failure to capture any such information or effects of hackers or failure of any electronic equipment, computer transmissions and/or network connections; all of which will be disqualified.

 

Each Participant must submit only one (1) entry on his/her own behalf per household. Any entry submitted on behalf of another individual or using another person’s Instagram account or name will be disqualified and ineligible to claim any prize. Any attempt by any Participant to obtain more than the stated number of entries allowed by using same, multiple/different Instagram account, identities, or any other methods void that Participant’s entries and that Participant may be disqualified. No mechanically reproduced or automated entries permitted. Use of any automated system to participate is prohibited and will result in disqualification and all such entries will be deemed void. In the event of a dispute as to any on-line registration, the authorized account holder of the Instagram account used to register will be deemed to be the Participant and he/she must be eligible according to these Official Rules.

 

The “authorized account holder” is the natural person assigned an Instagram account. All entries received become the property of the Sponsor and will not be returned.

 

  1. ENTRY REQUIREMENTS

By submitting an entry in the Giveaway, Participant hereby warrants and represents that entry conforms to the requirements set forth herein. Entries must be in English. Entries must meet the following requirements: (i) Entry cannot be sexually explicit or suggestive, unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group, profane or pornographic, or contain nudity; (ii) Entry cannot promote alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing), any activities that may appear unsafe or dangerous, or any particular political agenda or message; (iii) Entry cannot be obscene or offensive, endorse any form of hate or hate group; (iv) Entry cannot defame, misrepresent or contain disparaging remarks about Sponsor or its products, or other people, products or companies; (v) Entry cannot contain trademarks, logos or trade dress owned by others or advertise or promote any brand or product of any kind, without permission, or contain any personal identification, such as license plate numbers, personal names, e-mail addresses or street addresses; (vi) Entry cannot contain copyrighted materials owned by others (including photographs, sculptures, paintings and other works of art or images published on or in websites, television, movies or other media or musical "samples") without permission; (vii) Entry cannot contain materials embodying the names, likenesses, photographs, or other indicia identifying any person, living or dead, other than Participant, without permission; (viii) Entry cannot communicate messages or images inconsistent with the positive images and/or goodwill to which Sponsor wishes to associate; and (ix) Entry cannot depict, and cannot itself, be in violation of any law.

 

By entering this content, Participant represents and warrants that Participant’s entry is an original work of authorship, and does not violate any third party’s proprietary or intellectual property rights. If Participant’s entry infringes upon the intellectual property right of another, Participant will be disqualified at the sole discretion of the Sponsor. If the content of Participant’s entry is claimed to constitute infringement of any proprietary or intellectual proprietary rights of any third party, Participant shall, at Participant sole expense, defend or settle against such claims. Participant shall indemnify, defend, and hold harmless the Sponsor from and against any suit, proceeding, claims, liability, loss, damage, costs or expense, which the Sponsor may incur, suffer, or be required to pay arising out of such infringement or suspected infringement of any third party’s right.

 

BY SUBMITTING AN ENTRY, PARTICIPANT ACKNOWLEDGES THAT HIS/HER ENTRY MAY BE POSTED ON SPONSOR'S WEBSITE OR SOCIAL MEDIA, AT SPONSOR' DISCRETION.

 

Sponsor reserves the right to, and may or may not, monitor/screen entries prior to posting them to the Giveaway website. By entering, Participant acknowledges that Sponsor has no obligation to use or post any entry submitted. Submission of an entry grants Sponsor and its agents an unlimited, worldwide, perpetual, royalty-free license and right to publish, use, publicly perform the entry in any way, in any and all media, without limitation, and without consideration to the Participant.

 

ENTRIES ARE THE VIEWS/OPINIONS OF THE INDIVIDUAL PARTICIPANT AND DO NOT REFLECT THE VIEWS OF SPONSOR IN ANY MANNER. Any waiver of any obligation hereunder by Sponsor does not constitute a general waiver of any obligation to Participants.

 

  1. ODDS

The odds of winning depend on the number of eligible entries received.

 

  1. OPT-IN OPPORTUNITIES

Any available opt-in opportunities are not required to enter the Giveaway, and checking the opt-in boxes will not improve your chances of winning. By participating and submitting an entry, the person agrees that Sponsor is authorized to contact Participant via its Instagram account to make Participant aware of information pertinent to the Giveaway.

 

  1. PRIZES
    At the close of The Giveaway Entry Period, a total of ten (10) posts will be selected at random from the pool of eligible Participants. Each of the ten (10) Winners will be contacted via Instagram to arrange for his/her Prize to be given to the Winners.

 

  1. SELECTION & NOTIFICATION OF WINNER
    The potential Winners must comply with all terms and conditions of these Official Rules. The Winners will be selected in a random drawing on or around Wednesday, September 2, 2020 from all eligible entries received. All decisions of Sponsors are final.

 

The Winners will be notified via their Instagram account on or around Wednesday, September 2, 2020. All decisions of Sponsor are final and binding. Each Winner must respond to claim his/her Prize, within two (2) calendar days from the date the notification is sent by the Sponsor. Response must include necessary information to redeem the Prize, such as size preferences, full name, mailing address and telephone number. Failure to contact the Sponsor within that two (2) day period will result in immediate disqualification of the selected Participant and a new Winner will be selected. The Sponsor is not responsible for and shall not be liable for late, lost, misdirected, or unsuccessful efforts to notify each Winner. Sponsor shall have no obligation to make more than one (1) attempt to notify a Participant that he or she has been selected as a Winner.

 

  1. CLAIMING PRIZES

Each Winner is responsible for any and all applicable fees, federal, state and local taxes, if any, and any other unspecified expenses associated with acceptance or use of the Prize. Each Winner is advised to seek independent counsel regarding the tax implications of accepting a prize.

 

  1. Prize Conditions and Tax Liability

Prizes are non-assignable, non-substitutable and non-transferable without the prior written consent of the Sponsor, which consent may be withheld for any reason and in the Sponsor’s sole and absolute discretion. Sponsor reserve the right to substitute a prize of equal or greater value if an advertised prize becomes unavailable. All details of any prize not specified herein shall be determined solely by Sponsor. All Participants agree to be bound by these Official Rules and the decisions of Sponsor and/or its authorized judging individuals, whose decisions in all aspects of the Giveaway shall be final and binding. By accepting a prize, each Winner acknowledges compliance with these Official Rules. The Winners must accept delivery of prize from Sponsor, or as otherwise instructed by Sponsor. All other costs related to prize delivery and acceptance is the responsibility of each Winner including but not limited to federal, state and local taxes. All properly claimed prizes will be awarded.

 

  1. Publicity Release

By participating in this Giveaway, Participants grant and express unconditional permission for Sponsor to edit and use name, video, photographs, images, logos, likeness, audio, biographical information, statements, testimonials, personal exposition, address, and prize information of Participant (collectively, “Attributes”) for advertising and/or publicity purposes worldwide and in all forms of media, including the designated landing page, now known or hereafter devised, in perpetuity, without further compensation or authorization, except if you are a resident of Tennessee or as otherwise prohibited by applicable laws. Participant releases, holds harmless and defends the Sponsor from all claims arising from the use of such Attributes. IF YOU DO NOT WISH TO HAVE YOUR ATTRIBUTES USED IN THE MANNER DESCRIBED HEREIN, DO NOT ENTER THIS GIVEAWAY. The Sponsor is not, and cannot be held responsible for any unauthorized use of a Participant’s Attributes.

 

  1. Additional Rules & Restrictions

All Participants and their legally defied heirs, executors, administrators and successors (individually and collectively, the “Releasing Parties”), as a condition in participating this Giveaway, agree to unconditionally and irrevocably hereon out release, discharge, hold harmless and defend the Sponsor, the judging individuals and each of their respective past and present employees, officers, directors, representatives, agents, franchisees, licensees, subsidiaries, parent companies, affiliates, shareholders, owners and members and all other individuals or entities involved in the administration, advertisement or promotion of this Giveaway and/or the award and delivery of any prize (individually and collectively, the “Released Parties”), from any liability, claims, litigation, losses, actions, or damages of any kind, whether actual, incidental or consequential, for injury (including but not limited to death), illness, damages, losses or expenses arising out of or relating to Participant’s participation in this Giveaway, or the acceptance, possession or use/misuse of any prize, or participation in prize-related activities.

 

By participating in this Giveaway, Releasing Parties further agree to abide by and be bound wholly by the Official Rules and waive any right to claim any ambiguity or error therein or in this Giveaway itself, and to be bound by the decisions of the Sponsor, which shall be final in all matters relating to this Giveaway. In the event a Participant wins a prize, and is later found to be in violation of these rules he or she will be required to forfeit the prize or to reimburse Sponsor for the stated value of the prize if such violation is discovered after Winner has used the prize.

 

Sponsor shall not be liable to Winners or any other person for failure to supply the prize or any part thereof by reason of any acts of God, any actions, regulations, orders, or requests by any governmental entity, equipment failure, terrorist acts, war, fire, unusually severe weather, embargo, labor dispute or strike, labor or material shortage, transportation interruption of any kind, or any other cause beyond Sponsor’s sole control.

 

Released Parties are not responsible for, and each Participant hereby releases any claims and all liability for (i) the inability of a Participant to complete or continue an entry due to equipment malfunction, busy lines, inadvertent disconnections, acts beyond the Released Parties control, or otherwise; (ii) entries due to technical difficulties or transmission errors; (iii) any delays, mis-delivery, loss, or failure in the delivery of any item sent by mail, courier, express, electronic transmission, or other delivery method; (iv) mechanical, technical, electronic, communications, telephone, computer, hardware or software errors, malfunctions or failures of any kind, including: failed, incomplete, garbled or delayed transmission of online entries, traffic congestion on telephone lines, the Internet or at any website or lost or unavailable network connections which may limit an online Participant’s ability to participate in this Giveaway; (v) any injury or damage to Participant’s or any other person’s computer or mobile phone related to or resulting from participating in or downloading any information necessary to participate in the Giveaway; and (vi) other errors of any kind, whether computer, technical, typographical, printing, human or otherwise, relating to or in connection with this Giveaway, including, without limitations, errors which may occur in connection with the printing or advertising of this Giveaway, administration or execution of the Giveaway, the processing of entries or in the announcement of the Winners. Sponsor, in its sole discretion, reserve the right to disqualify any person tampering with the entry process or the operation of the Giveaway website or Sponsor’s Instagram account.

 

NOTWITHSTANDING ANY PROVISION OF THESE OFFICIAL RULES TO THE CONTRARY AND TO THE FULLEST EXTENT PERMISSIBLE BY LAW, UNDER NO CIRCUMSTANCES SHALL SPONSOR OR ANY RELEASED PARTIES’ LIBABILITY TO PARTICIPANTS EXCEED $1.00. IN NO EVENT SHALL SPONSOR OR ANY RELEASED PARTICES’ BE LIABLE TO ANY PARTICIPANT FOR ANY DAMAGES SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY. EACH OF THE LIMITATIONS SET FORTH IN THIS PARAGRAPH SHALL APPLY EVEN IF SPONSOR HAS BEEN ADVISED OR IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES.

 

  1. Disqualification / Giveaway Cancelation

Sponsor reserves the right to cancel, modify or terminate the Giveaway if fraud, misconduct or technical failures destroy or threaten the integrity of this portion of the Giveaway, in the opinion of the Sponsor, or if a computer virus, bug, or other technical problem corrupts the administration, security, or proper conduct of the Giveaway as determined by Sponsor, in their sole discretion. In the event of early termination of the Giveaway, Sponsor reserves the right to determine any eligible Winner from among all eligible, non-suspect entries received as of the time/date of such termination.

 

If due to circumstances beyond the control of the Sponsor, any event associated with this Giveaway or the Prizes is delayed, rescheduled, postponed or cancelled, Sponsor reserves the right, but not the obligation, to cancel or modify the Giveaway and shall not be required to award a substitute prize.

 

  1. In Case of Disputes

(a) Binding Arbitration. Any controversy or claim arising out of or relating to the Giveaway shall be settled exclusively by final and binding arbitration under the Streamlined Arbitration Rules and Procedures of JAMS (“JAMS Rules and Procedures”) then prevailing and held at in New York, New York. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. The arbitrator shall apply New York law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither claimant nor Sponsor shall be entitled to arbitrate their dispute.

 

(b) No Class Arbitration. THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN THE PARTICIPANT’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. DO NOT ENTER THIS GIVEAWAY IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE OFFICIAL RULES.

 

(c) Agreement to Arbitrate. BY PARTICIPATING IN THE GIVEAWAY, EACH PARTICIPANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE GIVEAWAY, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY THROUGH BINDING ARBITRATION AS SET FORTH ABOVE, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY), BUT IN NO EVENT WILL ATTORNEYS' FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL ANY PARTICIPANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND PARTICIPANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES, AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) PARTICIPANT'S REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND PARTICIPANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO EVERY PARTICIPANT

 

(d) Choice of Law; Invalidity. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the Participant, and/or Sponsor in connection with the Giveaway, shall be governed by, and construed in accordance with, the laws of the State of New York, without giving effect to any choice of law or conflict of law rules (whether of the State of New York or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York.

 

(e) Choice of Litigation Forum. Any matters or proceedings that are not subject to arbitration as set forth in this section of these Official Rules and/or for entering any judgment on an arbitration award, shall take place in a federal or state court within the State of New York. Sponsor and each Participant irrevocably and unconditionally submits to the exclusive jurisdiction of such courts and agrees to bring any litigation exclusively in such forums.

Sponsor and each Participant agree that a final judgment in any such action, litigation, or proceeding is conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by law.

 

 

  1. LIST OF WINNERS

Copies of the list of Winners will be available to all Participants upon request after September 2, 2020. A final list of Winners may be requested immediately following and within three (3) months of the close of the Giveaway. Participants who wish to receive a copy must submit a self-addressed stamped envelope to the Sponsor’s representative at the following address:

 

Gildan USA Inc.

National Underwear Day Giveaway – List of Winners

1980 Clements Ferry Road, Charleston

SC 29492, United States of America

 

 

  1. COPYRIGHT NOTICE

The Giveaway and all accompanying materials are copyright © 2020 Gildan Activewear SRL. All rights reserved.