Guacardo Costume Contest
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT IMPROVE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED OR RESTRICTED BY LAW, RULE OR REGULATION.
We Are Mitu (“Guacardo Costume Contest”) with its principal place of business and permanent mailing address in the United States at 1318 E 7th Street, Suite #240, Los Angeles, CA, 90021, whose decisions are final and binding as to all aspects of this Sweepstakes. This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with, Instagram.
The Sweepstakes begins on October 26, 2017 and ends at 11:59 PM PT on November 3, 2017. Pacific Time shall control for all purposes of this Sweepstakes. Sponsor’s computer shall be the official clock for purposes of the Sweepstakes.
As a condition of participating in the Sweepstakes, entrant agrees to be fully and unconditionally bound by these Official Rules, the decisions of Sponsor and the rules, policies, procedures and terms located on Instagram and to waive any right to claim ambiguity in the Sweepstakes, these Official Rules or any Sweepstakes materials. The Sweepstakes is subject to applicable federal, state, and local laws and regulations and is VOID WHERE PROHIBITED OR RESTRICTED BY LAW. Winning and receiving a Prize (defined in Section 5) is contingent upon fulfilling all requirements set forth herein.
1. ELIGIBILITY: The Sweepstakes is open only to individuals who are at least eighteen (18) years of age at the time of entry, who are legal U.S. residents of the fifty (50) United States and the District of Columbia and who satisfy all other requirements contained herein. Officers, directors and employees of Sponsor and each of its respective parents, affiliates, subsidiaries, retailers, divisions, advertising and promotion agencies, and all others associated with the development and execution of this Sweepstakes as well as their immediate family members (a parent, spouse, sibling, child, step-sibling, step-child, and in-laws, regardless of where they reside) and/or those living in the same household of any of the above, whether or not related, are not eligible to participate in this Sweepstakes or to receive a Prize.
2. ENTRY PERIOD: The entry period is from when the sweepstakes is announced on @wearemitu instagram account on October 26, 2017 until 11:59 PM PST on November 3, 2017 (the “Entry Period”)
3. HOW TO ENTER: There is one method of entry. Entrants may enter the Sweepstakes during the Entry Periods as follows:
a. Online Method of Entry. To submit an entry, visit Mitú‘s Instagram page @wearemitu, ensuring you are following @wearemitu and @therealguacardo, like the post any time between the sweepstakes announcement on @wearemitu instagram account on October 26th and 11:59 PM PST on November 3rd. Post your photo on Instagram using the hashtag #GuacardoHalloween, and make sure you tag @wearemitu and @therealguacardo. In addition, make sure that your profile is public, otherwise your entry will not be considered. For purposes of this Sweepstakes, an entry is “received” when your post and tags appear on mitú’s Instagram page and when you are listed as a follower of each of the brands listed. Proof of submitting an entry online (such as an automated computer receipt confirming submission) will not be deemed by Sponsor to constitute proof of actual receipt by Sponsor of an entry for purposes of this Sweepstakes. Multiple entries are not valid. “SPAM” or fraudulent reviews will not be posted and all entries from said user will be void. Entries may not contain any image or depiction of the following: (i) materials which include or constitute trademarks, trade names or copyrighted works created or owned by any person or entity other than entrant or for which the entrant has obtained owner’s written permission to use (at Sponsor’s sole discretion); (ii) materials bearing profanities, or bearing the name or likeness of any celebrity, living or dead; (iii) materials which contain visible identifiable or potentially identifiable information, including but not limited to, phone numbers, website links, street addresses, email addresses or license plate numbers; (iv) inappropriate behavior for a general audience; (v) any depiction of real or simulated sexual acts; (vi) violence in any form; (vii) materials which violate anyone’s reasonable privacy expectations, violate any known agreement, or which are defamatory in nature; (viii) materials which are derogatory to Sponsor, or any affiliated entity or person; (ix) materials which are discriminatory based on race, religion, national origin, physical disability, age, sex, or sexual orientation or preference; (x) materials in which any person identifiably appears unless entrant has obtained an appropriate written release from such person granting all rights required herein; and, (xi) materials which do not comply with all other requirements in these Official Rules. Reviews that do not conform to these guidelines will be deleted and no entry will be generated. Sponsor reserves the right to reject or disqualify any review which Sponsor, at its sole discretion, determines to be inconsistent with the letter or spirit of the Official Rules or potentially damaging to its, the Sweepstakes’, or another’s image or reputation. Once submitted, a review cannot be deleted, canceled or modified.
Posting on Instagram requires a mobile device and therefore message and data rates may apply. Check with your carrier for additional details.
b. Restrictions on Entry. Limit one (1) entry per person and Instagram account. If an entrant submits more than one entry, only the entry that is received and processed first will be eligible. The use of automated entry devices is prohibited and no mechanically reproduced entries are allowed; all such entries are void. The Sponsor is not responsible for: late, incomplete, delayed, undelivered, or misdirected entries. Proof of submission does not constitute proof of receipt. Sponsor shall not be liable for any problems that occur during the entry process and shall not have any obligation to advise an entrant of an incomplete or undeliverable entry. All entries become property of Sponsor and will not be returned or acknowledged.
In the event of a dispute over who submitted a winning entry, the authorized account holder of the Instagram handle provided at the time of entry will be deemed to be the entrant. The “authorized account holder” is defined as the natural person who is assigned an Instagram account by Instagram. Potential winners may be required to show proof of being the authorized account holder. Those who do not follow all of the instructions or do not abide by these Official Rules or other instructions of Sponsor will be disqualified.
c. Entrants with private profiles will not be valid entrants. Be sure to keep your profile public during the giveaway and you must include the hashtags #guacardohalloween #therealguacardo #wearemitu
4. WINNER SELECTION: One (1) potential winner will be selected from all eligible entries received during the Entry Period in a random drawing conducted by Sponsor. The random drawing for the Entry Period will be conducted on or about November 3rd, 2017. The potential winner will be contacted by private message on Instagram on or about two (2) business days after the random drawing in order to verify eligibility and confirm her as winner and may be required to sign and return, each in the form provided by Sponsor, an affidavit, liability release and/or other related documents (collectively, the “Affidavit”), at Sponsor’s sole discretion, before being confirmed as winner. Should this be the case, the potential winner and her guests must return the completed Affidavit within five (5) business days from the date of notification or the Prize may be forfeited and awarded to an alternate winner selected at random. Once each potential winner’s eligibility is verified, he/she will be confirmed as a winner. Prizes will be sent to the winners within thirty (30) days from the date the winners are confirmed.
All decisions of Sponsor on all matters relating to this Sweepstakes, including, without limitation, decisions related to its selection and determination of potential winners of this Sweepstakes shall be final and binding and not subject to challenge or appeal.
5. PRIZE/ODDS: Subject to verification of eligibility and compliance with these Official Rules, one (1) selected winner will receive: Guacado In Space T-shirt”, Guacardo tote, and Guacardo Jalogüin iPhone case (“Prize”). The total ARV of all Prizes is USD $69.97. Odds of winning a Prize depend on the number of eligible entries received during the Entry Period.
6. PRIZE RESTRICTIONS: The Prize will be awarded only if the potential winner fully complies with these Official Rules. All Prize details are at the sole discretion of Sponsor and any depiction of Prizes, in Sweepstakes materials or otherwise, is for illustrative purposes only. No transfer, refund, cash redemption, substitution, replacement or cash equivalent for a Prize will be made. Sponsor also reserves the right, at its sole discretion, to substitute the Prize for another prize of equal or greater value for any reason.
All federal, state and local taxes, and all costs and expenses related to the acceptance and use of the Prize not specified herein as being provided are the sole responsibility of the winners. Winners may be required to provide their Social Security number or tax ID for tax reporting purposes if Sponsor is required to file an IRS Form 1099 with the Internal Revenue Service for the fair market value of a Prize awarded and accepted. Sponsor shall not have a responsibility or obligation to a Prize winner or a potential winner who is unable or unavailable to, or who does not for any reason, accept or utilize the Prize. In the event of non-compliance with these Official Rules, or if the Prize is unclaimed, the Prize will be forfeited. Any forfeited Prize may be awarded to an alternate winner, at Sponsor’s sole discretion.
7. PUBLICITY RELEASE AND USE OF PERSONAL INFORMATION: Except where prohibited or restricted by law, by participating in this Sweepstakes and/or accepting a Prize, entrant grants to Sponsor and Sponsor’s designees the right to use and/or publish entrant’s full name, city and state of residence, photographs or other likenesses, pictures, portraits, video, voice, testimonials, biographical information (in whole or in part), and/or statements made by entrant regarding the Sweepstakes and/or Sponsor, worldwide and in perpetuity for any and all purposes, including, but not limited to, advertising, trade and/or promotion on behalf of Sponsor and/or any of Sponsor’s designees, in any and all forms of media, now known or hereafter devised, including, but not limited to, print, TV, radio, electronic, cable, or World Wide Web, without further limitation, restriction, compensation, notice, review, or approval.
ENTRANT FURTHER ACKNOWLEDGES THAT ENTRANT’S PERSONAL IDENTIFYING INFORMATION MAY BE DISCLOSED TO THIRD PARTIES INCLUDING, WITHOUT LIMITATION, PLACING ENTRANT’S NAME ON A WINNERS’ LIST.
8. GENERAL CONDITIONS AND RELEASE: By entering this Sweepstakes, each entrant (or their parent/legal guardian if the entrant is a minor in his/her state of residence) agrees to be bound by all terms of these Official Rules and to release, hold harmless, covenant not to sue, and forever discharge Sponsor and each of its respective parent companies, affiliates, subsidiaries, retailers, divisions, advertising and promotion agencies, and all others associated with the development and execution of this Sweepstakes, and each of their respective directors, officers, employees, agents, shareholders, representatives, successors and assigns (all such individuals and entities collectively referred to herein as the “Released Parties”), from, against, and as to any and all third-party claims, actions, damages, losses, liabilities, costs, expenses, injuries or causes of action of any kind that in any way now or hereinafter may arise from or relate to the Sweepstakes including without limitation, in connection with (i) the administration of the Sweepstakes, including without limitation typographical, printing, seeding, human or other errors relating to or in connection with the Sweepstakes, the processing of entries, the announcement of any Prizes or any related materials, inaccurate, fraudulent, incomplete, illegible, late, lost, stolen, misdirected, undelivered, incomplete, damaged or postage due entries or mail, or any delays in delivery or lack of availability of any Prize or Prize materials, and/or (ii) entrant’s participation in this Sweepstakes, acceptance or use of any Prize, and/or for any claims or causes of action based on publicity rights, defamation or invasion of privacy. Released Parties assume no responsibility for any damage to an entrant’s or any other person’s computer system, mobile device or tablet which is occasioned by accessing the Website or otherwise participating in the Sweepstakes, or for any computer system, mobile device, tablet, phone line, hardware, software or program malfunctions, or other errors, failures, delayed computer transmissions or network connections that are human or technical in nature. No mechanically reproduced, illegible, incomplete, forged, software-generated or other automated multiple entries will be accepted. No more than the stated number of Prizes will be awarded. Sponsor reserves the right, at its sole discretion, to disqualify any individual who tampers in any way with any part of the Sweepstakes and/or who submits a fraudulent entry or an entry not otherwise in accordance with these Official Rules, and to cancel, terminate, modify or suspend the Sweepstakes or any element thereof. Sponsor also reserves the right, at its sole discretion, to disqualify any individual who is found to be (i) acting in violation of these Official Rules, including, without limitation, entering or attempting to enter the Sweepstakes through the use of any robotic or automated devices or (ii) acting in an unsportsmanlike or disruptive manner, with the intent to disrupt or undermine the legitimate operation of the Sweepstakes, or with the intent to annoy, abuse, threaten or harass any other person. Without limiting the foregoing, in the event the Sponsor is prevented from continuing with the Sweepstakes as contemplated herein by any event beyond its control, including, without limitation, a force majeure, fire, flood, epidemic or other national health emergency, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared,) or any federal, state or local government law, order, or regulation, order of any court or jurisdiction, public health crisis, or other cause not reasonably within its control, then it shall have the right to modify, suspend, extend or terminate the Sweepstakes. In the event that the Sweepstakes is terminated, cancelled or postponed for any reason whatsoever, the ARV of the Prizes will be awarded to the extent required by law.
ALL PRIZES ARE PROVIDED “AS IS” AND THE RELEASED PARTIES MAKE NO WARRANTIES, EXPRESS OR IMPLIED, IN FACT OR IN LAW, RELATIVE TO THE USE OR ENJOYMENT OF ANY PRIZE, INCLUDING, WITHOUT LIMITATION, THEIR QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT. IN NO EVENT WILL RELEASED PARTIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF PARTICIPATION IN THIS SWEEPSTAKES OR FROM THE USE OF ANY PRIZE AWARDED HEREUNDER. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, IN WHICH CASE THE LIABILITY OF THE RELEASED PARTIES WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
9. GOVERNING LAW AND JURISDICTION: Except where prohibited, all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant or Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of California, without giving effect to any choice of law or conflict of law rules (whether of the State of California, or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of California. In addition, any dispute relating to the Sweepstakes (including these Official Rules) shall be brought in the appropriate state or federal court having jurisdiction over the subject matter located in Orange County, State of California. Entrants hereby irrevocably consent to the personal jurisdiction of said courts and waive any claim of forum non conveniens or lack of personal jurisdiction that they may have.
10. OFFICIAL RULES AND WINNERS’ LIST: For any legally required winners’ list, send a self-addressed stamped envelope (unless otherwise prohibited by local law) to: Mitú Shop, 1318 E 7th Street, Suite #240, Los Angeles, CA, 90021. All such requests must be received within three (3) months after the end of the Sweepstakes.