OFFICIAL RULES & CONSUMER DISCLOSURE
KIERIN NYC SWEEPSTAKES - INSTAGRAM SWEEPS
NO PURCHASE NECESSARY – VOID WHERE PROHIBITED BY LAW
The KIERIN NYC Sweepstakes - Instagram Giveaway (hereinafter “Sweepstakes”) is being run by KIERIN HOLDINGS, LLC (hereinafter “KIERIN NYC”), with an address of 1 Poorhouse Road, Newtown, CT 06470 and a telephone number of (917) 624-9930 and is sponsored by the following companies (collectively the “Sponsors”):
- KIERIN NYC, 1 Poorhouse Road, Newtown, CT 06470, www.KIERIN- NYC.com,917-624-9930
- HOW TO ENTER: Between the day and time the Sweepstakes was announced (“Announcement Date”) and 11:59 PM PDT on x, 2020 (“End Date”), collectively known as the “Sweepstakes Period,” you can enter the Sweepstakes. Entries will be accepted through the following methods, each constituting an additional entry.
- HOW TO ENTER: Between the day and time the Sweepstakes was announced (“Announcement Date”) and 11:59 PM PDT on x, 2020 (“End Date”), collectively known as the “Sweepstakes Period,” you can enter the Sweepstakes. Entries will be accepted through the following methods, each constituting an additional entry:
- Commenting on the Instagram Post at www.instagram.com and tagging a friend in that comment;
- To be qualified to win, you must also follow @KIERINNYC on Instagram.;
- Liking the Instagram Post at www.instagram.com.
- All entries must be submitted during the Sweepstakes Period, regardless of method of entry. KIERIN NYC is not responsible for late, lost, incomplete, inaccurate, illegible, mistyped, or misdirected entries or entries not received for any reason (including technical failure), and any such entries are void. Limit one entry per method listed above per person, for a maximum of two entries per person. No purchase will increase any entrant’s chance of winning a Prize. ELIGIBILITY: The Sweepstakes is open only to legal residents of the United States of America who are 18 years old or older excluding residents of Rhode Island and all United States Territories. In addition, as noted above, to be eligible to win the Sweepstakes, you must be following @KIERINNYC on Instagram as of the End Date and until a winner is selected (within two weeks of the End Date). Void where prohibited by law. Participation in the Sweepstakes constitutes full and unconditional agreement to these Official Rules. The following individuals are not eligible: (a) employees, officers, and directors of KIERIN NYC or the Sponsors, including all respective parent companies, subsidiaries, affiliates, partners, advertisers, marketing and promotion agencies, manufacturers or distributors of promotion materials, and representatives; and (b) members of the immediate family (parents, children, siblings, or spouses) of a person in (a) and/or those living in the same household as a person in (a), regardless of familial relation. All federal, state and local laws and regulations apply. Entrants agree to be bound by the terms of these official rules and by the decisions of KIERIN NYC, which are final and binding on all matters pertaining to this Sweepstakes. Entrants are prohibited from submitting an entry for a purpose other than entering the Sweepstakes for the entrant’s personal benefit. Prohibited purposes include, but are not limited to, engaging in competition with KIERIN NYC and/or any of the Sponsors and luring emails to any fraud management tool such as a “spam trap” or “honey pot.” If any entry or entrant is determined to be non-compliant with these Official Rules, said entry or entrant shall be disqualified.
- RANDOM DRAWING: On or around a date one week following the End Date, one random winner for all Prizes will be selected. To facilitate the selection of the winner, each entry will be assigned a number and KIERIN NYC will use an online random-number generator to select the winner of all the Prizes. Decisions of KIERIN NYC are final and binding in all respects. Winner will be notified by Direct Message through Instagram, so you must follow @KIERINNYC in order to receive a direct message and to win. If a winner does not respond to KIERIN NYC’s notification within three days or is unwilling to or cannot accept the Prize, the Prize will be forfeit and an alternate winner may be selected from the Sweepstakes entrants. If an entrant is deemed ineligible, an alternate winner may be selected from the entry pool. If by reason of a printing or other error, more prizes are claimed than the number set forth in these rules, all persons making purportedly valid claims will be included in a random drawing to award the advertised number of prizes available in the prize category in question. No more than the advertised number of prizes will be awarded. At the sole discretion of KIERIN NYC, disqualification, forfeiture, and the selection of an alternate winner may result from any of the following: (1) a winner’s failure to respond to winner notification within three days of transmission; (2) the return of a notification as undeliverable after one attempt; (3) a winner’s failure to provide KIERIN NYC with satisfactory proof of age, identity, and residency within three days of initial winner notification; (4) a winner’s failure to execute and return an affidavit of Eligibility/Liability/Publicity Release or requested tax information or W9 within three days of its transmission; or (5) any other non-compliance with these Official Rules. KIERIN NYC will attempt to notify each winner within one week of his or her selection as a winner, and the prize will be delivered within one week of acknowledgement of the notification, or at such time as the prize becomes available. All federal, state and local laws and regulations apply.
- ODDS: Odds of winning a Prize depend on the number of eligible entries received but can be calculated by dividing the total number of entries by the number of prizes.
- PRIZES and APPROXIMATE RETAIL VALUE: There will be 1 Prize awarded (“Prize” and/or “Prizes”), consisting of the following:
- KIERIN NYC ROSE INK Eau de Parfum 50ml Cash/Retail Value: $89.
- ALL PRIZE CONDITIONS: No substitution or transfer of a Prize will be permitted, except that KIERIN NYC reserves the right to substitute a Prize of equal or greater value if the advertised Prize is unavailable. Prize cannot be transferred by winner. No Prize can be redeemed for cash or can be used for a prior purchase. If a Prize element is not available for any reason, the remaining elements of the Prize shall constitute full satisfaction of KIERIN NYC’s Prize obligation to winner, and no additional compensation will be awarded. KIERIN NYC has no responsibility for cancellations, delays, or any other change by any company or person providing any element of the Prize due to reasons beyond KIERIN NYC’s control, and is not responsible or liable for any expenses incurred as a consequence thereof. The Prize is awarded without warranty of any kind from KIERIN NYC, express or implied, without limitation. Winners, and not KIERIN NYC, shall be responsible for any and all taxes and/or duties as well as any other expenses not specifically included in the prize description. The Prize may be subject to terms imposed by the Sponsor or other Prize provider, including, but not limited to, prohibitions on selling the Prize, limiting the Prize’s for personal and not business use, and expiration dates. KIERIN NYC may require Winners to sign an affidavit or declaration of eligibility. KIERIN NYC may require Winner and/or anyone receiving a direct benefit from the Prize (including but not limited to any travel companion) to sign a liability release and/or publicity license. Except where otherwise stated herein, all Prizes will be delivered free of charge (or in the case of electronic vouchers – emailed) to winners using the information submitted via the entry form. KIERIN NYC will not ask winners for money for shipping costs as a condition for receipt of a Prize. KIERIN NYC may verify the information submitted by the winner during the contest. In the event that KIERIN NYC does not receive sufficient eligible entries to award all of the Prizes, KIERIN NYC has the right to cancel the Sweepstakes. The Sweepstakes is not sponsored by and is in no way endorsed by, administered by, and/or associated with any social media network on which notice of the Sweepstakes is posted, including, but not limited to Facebook, Twitter, Snapchat, and Instagram.
- CONDITIONS OF PARTICIPATION
- By participating in this Sweepstakes all entrants agree to release, indemnify and hold harmless the KIERIN NYC, the Sponsors, and all affiliated individuals and entities as well as their successors and assigns, as well as all online platforms on which this Sweepstakes is advertised or on which notice of the Sweepstakes is posted, including, but not limited to Facebook, Twitter, Snapchat, and Instagram (the “Released Parties”), from and against any liability, injury, death, loss, or damages to entrant or any person or entity, including without limitation damage to personal or real property, caused in whole or in part, directly or indirectly, by reason of their participation in this Sweepstakes (or related activities) or their acceptance, possession or use/misuse of a Prize. The Released Parties are not responsible for: any incorrect or inaccurate entry information; human error; technical malfunctions; failures, omissions, interruption, deletion, or defect of any telephone network, computer online systems, computer equipment, server providers, or software, including any injury or damage to your or any other computer relating to or resulting from participation in this Sweepstakes; inability to access any website; theft, tampering, destruction, or unauthorized access to, or alteration of entries; transactions, including entries, that are processed late or incorrectly or are incomplete or lost due to computer or electronic malfunction or traffic congestion on the internet or at any web site; printing or human or other errors; and any entries which are late, lost, incomplete, misdirected, stolen, or any combination thereof. Online submission is not considered proof of delivery or receipt. By entering this Sweepstakes, all entrants agree to release, discharge, indemnify and hold harmless the Released Parties from and against all claims and damages or liability arising in connection with participation and/or entry in the Sweepstakes and/or receipt or use of any prize awarded in this Sweepstakes or due to any injuries, damages or losses to any person (including death) or property of any kind resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of any prize or participation in any Promotion-related activity or participation in this Promotion. Except where prohibited by law, the winner’s entry and acceptance of the prize constitutes permission for Sponsor and its assigns to use said winner’s name, Instagram handle, photographs, likeness, statements, biographical information, voices, and city and state addresses on a worldwide basis, and in all forms of media, in perpetuity, without further compensation or authorization. Winner(s) further release and waive any right of or claim to copyright, trademark rights, privacy rights, publicity rights, rights to use of name, image or likeness, and any other legal or moral rights, relating to, arising out of, or embodied in the entry and/or arising out of the use of winner's name, image and likeness. Winner(s) expressly agrees not to pursue, support, maintain, or authorize any action, claim, or dispute of any kind against the Released Parties on the grounds that any use of the entry, and/or the use of winner's name, image, or likeness violates or infringes any of winner’s rights, including, without limitation, copyrights, trademark rights, privacy, publicity and/or moral rights. All entrants further understand and agree that all rights under Section 1542 of the Civil Code of California (“Section 1542”) and any similar law of any state or territory of the United States that may be applicable with respect to the foregoing release are hereby expressly and forever waived. You acknowledge that Section 1542 provides that: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” KIERIN NYC and Sponsors make no warranty with respect to the prizes awarded. KIERIN NYC and/or Sponsors may require Winner(s) and any others receiving prizes with winner (for example, if a travel prize is for two people, then the travel companion) to sign additional paperwork, including but not limited to a release and grant of publicity rights, in order to receive the prize(s).
- Except where prohibited by law, entrants hereby grant KIERIN NYC and the Sponsors the right to use their names, Instagram handles, likenesses, voices, opinions and biographical information, and residential city and state for publicity, advertising, trade or promotional purposes. Entrants also agree that all information received as part of this Sweepstakes may be used for the delivery of advertisements or otherwise as KIERIN NYC sees fit.
- ADVERTISING AND SOLICITATION. By entering this contest, you consent to receiving emails, special offers, electronic newsletters, and solicitations from KIERIN NYC, the Sponsors, and third-party vendors that may constitute requests to engage in a monetary transaction. Each email from KIERIN NYC will provide you the ability to opt out of future communication. If you would prefer to opt out now, please email contact@KIERIN-NYC.com. If you do not want KIERIN NYC to share your information with third parties, please email contact@KIERIN-NYC.com. In some cases, your information may be shared before KIERIN NYC receives and processes your opt-out. In such a situation, you will need to request removal from the email list of the entity or entities with which KIERIN NYC has shared your information. Opting out of emails and offers will not decrease your chance of winning in the Sweepstakes.
- DISCLOSURE OF INFORMATION. By participating in the Sweepstakes, you hereby agree to KIERIN NYC’s and the Sponsors’ collection, use, and dissemination of your personal information.
- ENTRY ERRORS/INTERNET. KIERIN NYC is not responsible for lost, late, incomplete, damaged, stolen, invalid, unintelligible or misdirected information. KIERIN NYC is not responsible for lost or late entries nor for electronic transmission errors resulting in omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to or alterations 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 KIERIN NYC or presenter on account of technical problems or traffic congestion on the Internet or at any Web site or any combination thereof. If for any reason the program is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of KIERIN NYC which corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Sweepstakes, KIERIN NYC reserves the right at its sole discretion, to disqualify any individual who tampers with the entry process, violates these official rules, or acts in a disruptive or unsportsmanlike manner, and to cancel, terminate, modify or suspend the Sweepstakes. In such a situation, KIERIN NYC reserves the right to select winners from eligible entries received as of the termination date. Without limiting the foregoing, KIERIN NYC may reject any entrant, if in KIERIN NYC's sole judgment, the entrant has been disqualified, has questionable eligibility, or is otherwise ineligible to enter or participate. CAUTION: A PERSON WHO ATTEMPTS TO UNDERMINE THE LEGITIMATE OPERATION OF THIS SWEEPSTAKES MAY BE SUBJECT TO CIVIL AND/OR CRIMINAL PENALTIES AND FINES; AND KIERIN NYC RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. If there is a dispute as to the identity of the entrant, the Prize will be awarded to the authorized account holder of the Instagram account. The “authorized account holder” is defined as the natural person to whom the email address is assigned. KIERIN NYC is not responsible for any typographical or other error in the printing of the offer, administration of the Sweepstakes or in the announcement of the Prize.
- NON-COMPETITION AND NON-SOLICITATION. By entering this contest, you agree on your own behalf and on behalf of any company or entity for which you are an employee, officer, director, manager, or member or for which you hold any other formal position not to: solicit the Sponsors; engage in the provision of online marketing services to the Sponsors; and/or run, coordinate, or otherwise execute online sweepstakes. This restriction shall last for one-year from the End Date.
- Failure to comply with any requirement listed herein, as determined in KIERIN NYC’s sole judgment, may result in removal from the Sweepstakes and/or forfeiture of the Prize after which an alternate winner may be selected.
- GOVERNING LAW: In the event of a dispute between you and KIERIN NYC, either may choose to resolve the dispute by binding arbitration, as described below, instead of in court. Any claim (except for a claim challenging the validity or enforceability of this arbitration agreement, including the Class Action Waiver) may be resolved by binding arbitration if either side requests it. THIS MEANS IF EITHER YOU OR KIERIN NYC CHOOSES ARBITRATION, NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL. DISCOVERY AND APPEAL RIGHTS ARE LIMITED IN ARBITRATION. This arbitration agreement is governed by the Federal Arbitration Act. Any arbitration will take place in New York within one hundred miles of New York, New York by a single arbitrator, and will be conducted by the American Arbitration Association or JAMS pursuant to the rules of the body conducting the arbitration. ARBITRATION AND/OR ANY COURT ACTION MUST BE ON AN INDIVIDUAL BASIS. THIS MEANS NEITHER YOU NOR KIERIN NYC MAY JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION OR COURT BY OR AGAINST OTHER PERSON OR ENTITY OR LITIGATE IN COURT OR ARBITRATE ANY CLAIMS AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. Only a court, and not an arbitrator, shall determine the validity and effect of the Class Action Waiver. Even if all parties have opted to litigate a claim in court, you or KIERIN NYC may elect arbitration with respect to any claim made by a new party or any new claims later asserted in that lawsuit. KIERIN NYC will not choose to arbitrate any claim you bring in small claims court. However, if such a claim is transferred, removed, or appealed to a different court, KIERIN NYC may then choose to arbitrate and you agree that in so doing, KIERIN NYC will not have waived any rights. Any action brought in a court against KIERIN NYC shall be brought in the State Courts of Connecticut in Danbury or in the federal court in the District of Connecticut and you and KIERIN NYC both agree to be subject to personal jurisdiction in the State of Connecticut. Except where otherwise indicated, the laws of the United States and Connecticut govern this contract. Notwithstanding the foregoing, either party may pursue injunctive or other equitable remedies in the above-identified courts and such claims shall not be subject to arbitration.
- SEVERABILITY: 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.
- WINNERS LIST: A copy of the winners list may be obtained by sending a written request to KIERIN NYC, at 1 Poorhouse Road, Newtown, CT 06470 postmarked within 15 calendar days of the End Date or by emailing contact@KIERIN-NYC.com within 15 calendar days of the End Date. Any such request must identify the Sweepstakes by name. KIERIN NYC will respond by mail or email within thirty days of receipt of the request.
- UPDATES: KIERIN NYC reserves the right to update or modify these rules at any time with or without notice by posting updated rules at https://www.KIERIN-NYC/OfficialRules.
- CANCELATION: KIERIN NYC reserves the right to cancel the Sweepstakes at any time for any reason.
- THIRD-PARTY FEES: You may be charged for visiting the Sweepstakes website in accordance with the terms of your service agreement with your internet or mobile telephone carrier. Please consult your provider regarding your pricing plan. You must use a Smartphone device to participate via your mobile phone. Not all mobile phone providers carry the necessary service to participate. Check your phone capabilities for specific Internet instructions. If your data usage exceeds what is allotted by your data plan, you could be subject to additional fees by your carrier. Please contact your provider with any questions regarding your bill.
- TAX REPORTING: If the retail value of any winner's prize is $600 or more, or any winner wins prizes which are cumulatively valued at over $600 in the course of a single year, the winner must complete a W9 form and supply KIERIN NYC with his/her social security number for tax purposes. An IRS Form 1099 will be issued in the name of the winner for the actual value of the prizes received.
- ADDITIONAL FORMS AND RELEASES: Any winner may be required to sign and return, where applicable, an affidavit of eligibility, a liability release, and where legally permissible a publicity release.
- COPY OF OFFICIAL RULES. To a printed copy of these Official Rules, send a written request by the Sweepstakes End Date to KIERIN NYC, at 1 Poorhouse Road, Newtown, CT 06470. Any such request must identify the Sweepstakes by the name.
- RIGHT TO CANCEL OR SUSPEND CONTEST. If for any reason these Sweepstakes are not capable of running as planned, due to technical failures, or for any other reason and/or at the sole discretion of KIERIN NYC, including without limitation due to any other causes that corrupt or affect the administration, security, fairness, integrity, or proper conduct of these Sweepstakes, KIERIN NYC reserves the right, at its sole discretion, to cancel, terminate, modify, or suspend the Sweepstakes, or to disqualify any individual(s) who tamper with the entry process.