Professional Documents
Culture Documents
its determination in its sole discretion of the owner of the e-mail address
associated with the Instagram account used to enter the Giveaway. Sponsor is
not responsible for late, lost, illegible/garbled, incomplete (including but not
limited to omission of prescribed hash tag), corrupted, jumbled, inaccessible,
damaged or misdirected entries, all of which are void. Sponsor is also not
responsible for programming, electronic, technological, telephonic, network or
other malfunction, error or failure which in any way affects or interferes with the
operation of the Giveaway (including the accessibility of entries once posted on
Instagram). Only persons who are eligible for the Giveaway as per Section 1
above (generally, legal U.S. residents who are 18 or over), whom entrant knows
personally and whom entrant believes are interested in Eagle Creek products
and/or the charitable mission of The Breast Cancer Research Foundation should
be tagged by entrant. Entrants are also strongly encouraged to secure a friends
permission before tagging him/her and entering the Giveaway. Entrants must
comply with the Terms of Use of Instagram at all times.
4. CONTENT RESTRICTIONS. Should a person include a comment when tagging
a friend, such person will not receive an entry in the Giveaway if the comment in
Sponsors sole discretion (a) is copied (in whole or in part) from any source; (b)
violates the trademark, copyright, right of publicity, right of privacy, other
intellectual property rights or any other rights of any third party; (c) is
inappropriate for publication, objectionable or offensive (including but not limited
to obscenity or hate speech); (d) adversely affects the business
reputation/goodwill of Sponsor (including its Eagle Creek brand) or The Breast
Cancer Research Foundation, including disparaging any individual who endorses
Eagle Creek products and/or the charitable mission of The Breast Cancer
Research Foundation; or (e) advocates alcohol/drug use, violence or illegal
conduct of any kind.
POSTED COMMENTS REPRESENT SOLELY THE VIEWS/OPINIONS OF THE
INDIVIDUAL (PROSPECTIVE) ENTRANT AND DO NOT REFLECT THE
VIEWS/OPINIONS OF SPONSOR IN ANY MANNER. SPONSOR IS ACTING
AS A PASSIVE CONDUIT FOR THE POSTING OF COMMENTS AND
DISCLAIMS ANY RESPONSIBILITY FOR SCREENING, MONITORING OR
REVIEWING COMMENTS AS POSTED BY (PROSPECTIVE) ENTRANTS.
SPONSOR WILL NOT EDIT COMMENTS POSTED BY (PROSPECTIVE)
ENTRANTS IN CONJUNCTION WITH THE GIVEAWAY.
5.
Authors or any similar rights or principles of law that he/she may now or later have to
the comment. Such person further agrees, upon Sponsor's (or its designees) request
and without compensation, to sign any additional documents that Sponsor (or its
designees) may require so as to perfect, record, or effect such grant of rights. Such
person expressly acknowledges that Sponsor and its designees do not owe him/her a
duty of confidence (or fiduciary duty or the like) and that he/she has no expectation of
privacy as to the comment. Such person also acknowledges that Sponsor and its
designees have wide access to ideas, stories, designs and other literary/artistic
materials submitted to them from outside sources or being developed by their own
employees and that such ideas/stories/literary/artistic materials may be competitive
with, similar to (or even identical to) his/her comment and that Sponsor and its
designees shall have no liability to him/her or any third party in conjunction therewith.
6. WINNER DETERMINATION. Winners will be selected in a random drawing from
among all eligible entries received; the random drawing will be conducted by
Sponsor on or about October 10, 2016. For the avoidance of doubt, to the extent
applicable, the content of comments included as part of entries will not be taken
into account in the winner selection process, provided that the comment is in
compliance with these Official Rules (specifically, the content restrictions set forth
in Section 4 above.) Each potential winner will be notified via direct message
from @eaglecreekgear on Instagram. IT IS THE ENTRANTS SOLE
RESPONSIBILITY TO CONFIRM THAT HIS/HER PRIVACY SETTINGS ON
INSTAGRAM ALLOW FOR SPONSOR TO NOTIFY HIM/HER VIA DIRECT
MESSAGE. Potential Winner may also be required to sign an Affidavit of
Eligibility, a Liability Release and a Publicity Release (where lawful) within an
indicated time period. In the event of noncompliance with this requirement (if
applicable), if potential winner cannot be contacted for any reason (including but
not limited to because of potential winners Instagram privacy settings), if
potential winner is ineligible or otherwise not in compliance with these Official
Rules, the prize will be forfeited without compensation and an alternate winner
selected in a random drawing from among all remaining eligible entries received.
By participating in the Giveaway, entrants agree to these Official Rules and
the Sponsors decisions, which are final and binding in all respects.
7. PRIZES/ODDS OF WINNING (50): two (2) limited edition Pack-It Original
Compression Cube Sets created by Sponsor in honor of Breast Cancer
Awareness Month. Approximate Retail Value of each prize (pair of Pack-It
Original Compression Cube Sets): $79.90. Total Approximate Retail Value of all
prizes: $3,995.00. Sponsor intends for winner to keep one (1) Pack-It Original
Compression Cube Set for him/herself and to give the second Pack-It Original
Compression Cube Set to the friend tagged in the winners entry. (In such case,
as a condition of receiving the Pack-It Original Compression Cube Set as the
tagged friend of a prize winner, an individual agrees to release and hold
harmless Sponsor from any liability in conjunction with same under any legal
theory.) However, sharing of the second Pack-It Original Compression Cube Set
with the tagged friend is not required. (Should winner choose to keep both Pack-
It Original Compression Cube Sets for him/herself, Sponsor shall not have any
liability under any legal theory to the tagged friend.) Prize must be accepted by
winner as awarded. Pack-It Original Compression Cube Set subject to
availability as to color. Actual item may differ from prize images in Giveaway
advertising, including postings on @eaglecreekgear; and, Sponsor expressly
disclaims any and all liability in conjunction therewith. Prizes are not transferable
except as expressly set forth herein or with Sponsors permission, which may be
granted or withheld in Sponsors sole discretion and without liability of any kind.
No prize substitution permitted except by Sponsor due to unavailability of prize
for any reason and only then for prize of equal or greater value. Prize is NOT
redeemable or exchangeable by winner for cash. Applicable taxes on prize (if
any) and unspecified expenses related to the acceptance/use of prize are
winners sole responsibility. Award of prize does not entitle winner to claim a
charitable deduction or like favorable tax treatment (regardless of whether or not
winner gives the second Pack-It Original Compression Cube Set to his/her
tagged friend.) Prize will only be shipped to a street address in the United States.
Limit of one prize per family/household/address; for the avoidance of doubt, a
prize winner may also receive a Pack-It Original Compression Cube Set as the
tagged friend of another prize winner. Odds of winning a prize depend on the
total number of eligible entries (i.e., tagging of friend along with use of
hash tag #Giveaway) received.
7. CONDITIONS OF PARTICIPATION. By accepting prize, where legal, winner
agrees to the use of his/her name, image, likeness, voice and other indicia of
persona for advertising/trade/publicity purposes by Sponsor and its designees
without further compensation or notice. By participating, entrant releases and
agrees to hold harmless Sponsor, The Breast Cancer Research Foundation,
their respective parent companies, affiliates, subsidiaries, and their respective
directors, officers, employees and agents, as well as Instagram and
Facebook, from any and all liability under any legal theory arising from the
Giveaway or the acceptance, receipt, possession or use/misuse of prize. If
Giveaway cannot be conducted as originally planned due to any cause
beyond Sponsors control (e.g., computer virus, fraud, natural disaster, civil
commotion, governmental intervention or other incident of force majeure),
Sponsor may cancel/suspend/modify Giveaway and pick the winners from
among all eligible entries received prior to and/or after the action taken by
Sponsor or otherwise in a manner determined by Sponsor in its sole
discretion to be fair, appropriate and consistent with these Official Rules;
notice of such action by Sponsor will be posted on @eaglecreekgear.
Tampering with the Giveaway (including but not limited to tagging as a friend
an individual not known personally by entrant) or violation of these Official
Rules will result in disqualification from the Giveaway; but, disqualification
shall not represent the sole remedy available to Sponsor. Sponsors failure to
enforce any provision of these Official Rules in a given instance is NOT a
waiver of such provision.