- OFFICIAL RULES. The following are the official rules (“Rules”) for the ShoeDazzle/BEACHWAVER CO. Giveaway (“Giveaway”). In order to enter the Giveaway, you must agree to these Rules. You agree that submission of an entry form and/or participation in the Giveaway constitutes your agreement to these Rules.
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. ALL FEDERAL, STATE AND LOCAL LAWS AND REGULATIONS APPLY. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
- SPONSOR. The Giveaway is sponsored by ShoeDazzle.com, Inc. (“Sponsor”), a Delaware corporation with its principal place of business at 800 Apollo Street, El Segundo, CA 90245. ShoeDazzle shall handle and be responsible for delivery of the Prizes to Winners.
- ENTRY. To enter the Giveaway during the Giveaway Period, follow the directions on Shoedazzle’s Instagram account, posted on May 22th, 2020, and on other various dates thereafter. Entrants must follow @shoedazzle & @thebeachwaver, like the post and tag three friends in the post with the hashtag #giveaway (collectively, an “Entry”). Entrants must have a valid Instagram account to be eligible to enter. No purchase necessary. A purchase or payment of any kind will not increase your chances of winning. One (1) winner (“Winner”) will be selected at random from the pool of Entries. No more than one (1) person can enter using the same email address. Entrants may submit an unlimited number of Entries. Use of any automated system to participate is prohibited and will result in disqualification. Entries that are lost, late, incomplete, misdirected or altered for any reason, including hardware, software, browser or network failure, malfunction, congestion, or incompatibility will be ineligible. The Giveaway is not sponsored by Instagram.
- The Entry submission period of the Giveaway begins on Friday, May 22nd, 2020 at 9:00am Pacific Standard Time (“PST”) and ends Monday, May 25th 2020 at 11:59pm Pacific Standard Time (“PST”).
- ELIGIBILITY. The Giveaway is open only to legal residents of the fifty (50) states of the United States, the District of Columbia, who are 18 years of age or older at the time of entry. Void in Rhode Island, Puerto Rico and where prohibited by law. Employees of Sponsor or and their respective parent, affiliates, subsidiaries, Giveaway agencies, suppliers and members of their immediate families, are not eligible. For purposes of the Giveaway, “immediate family” is defined as spouses, parents, children, siblings and their respective spouses, regardless of whether they reside in the same household.
- ENTRY ERRORS. Sponsor is not responsible for lost, late, incomplete, damaged, stolen, invalid, unintelligible or misdirected entries, which will be disqualified. Sponsor is not responsible if online service or equipment is interrupted including without limitation (1) interruptions to any network, server, Internet, Web site, telephone, satellite, computer or other connections, (2) failures of any telephone, satellite, hardware, software or other equipment, (3) garbled, misdirected or jumbled transmissions, or traffic congestion, (4) other errors of any kind, whether human, technical, mechanical or electronic, (5) the incorrect or inaccurate capture of information or the failure to capture any such information, or (6) printing or typographical errors.
- PRIZES. The following “Prizes” are being awarded in this Giveaway. One Winner will receive
aShoeDazzle gift card to be used to purchase products in the amount of $250.00 and anBEACHWAVER CO. gift card in the amount of $250.00. The approximate retail value of the Prize is up to sixhundred dollars ($500.00). Winner agrees to execute a standard release form in connection therewith prior to Prize fulfillment. Limit one (1) Prize per Winner. All results and decisions of Sponsor are final and binding in all respects. The Prize cannot be combined with any other offer. Any difference between the ARV and the actual value of the Prize will not be awarded and any difference will not be refunded. The Prize is not transferable or redeemable in cash and must be accepted as awarded. Taxes related to the Prize, if any, are the sole responsibility of the Winner or Prize recipient. Winner is under no obligation to join the ShoeDazzle or FabKidsVIP Membership Program to redeem the prize and may elect to checkout as a “pay as you go” customer. Potential Winner may be required to show proof of identification, complete a 1099 form, and provide a social security number in conjunction with Prize award/acceptance.
- SELECTION OF WINNER. Sponsor will select one (1) Winner on May 26th, 2020 at random from the pool of eligible Entries. Odds of winning depend on the number of eligible Entries received during the applicable Giveaway Period. The Winner will be notified by direct message via Instagram within five  business days after Giveaway Period ends. Entrants are responsible for ensuring that their Instagram account
inginformation is up-to-date and accurate. Prize notices returned as undeliverable will result in the disqualification of the potential Prize Winner and an alternate Winner will be selected. Sponsor’s decisions as to the random drawing are final and no correspondence will be entered into. Winner will have five (5) business days to respond and claim their Prize via direct message. If the winning Entry or Winner is discovered to be invalid for any reason prior to delivery of the Prize, or if the Winner cannot be contacted or does not respond within five (5) business days, an alternate Winner may be selected, at the sole discretion of the Sponsor. If there is no Winner by the 30th day after end of Giveaway, no further Winners will be chosen. In the event of a dispute, the person to who the Instagram accounts used to enter the Giveaway was registered will be deemed the winning Entrant.
- GENERAL. If any section, provision, term or clause shall be held or found to be unenforceable or invalid by a court decision, statute, rule or otherwise, the remaining provisions shall not be affected thereby and shall continue in full force and effect and such provision may be modified or severed from these Rules to the extent necessary to make such provision enforceable and consistent with the remainder of these Rules. This Giveaway is governed by the laws of the State of California, United States. All federal, state and local laws and regulations apply. By entering and participating in the Giveaway, you agree to be bound by these Rules and by Sponsor’s decisions, which are final and binding on all matters relating to the Giveaway. Sponsor’s failure to enforce any provision of these Rules shall not constitute the waiver of such provision. Entrants are required to provide accurate, valid and truthful information at all times. Sponsor will reject and delete any Entry that it discovers to be false, fraudulent, illegal or deceptive and will disqualify any Entrant who tampers with the Entry process, the operation of the Giveaway, is otherwise in violation of the Rules or acts in a disruptive or unsportsmanlike manner. Sponsor is not responsible for electronic transmission errors, which result in the omission, interruption, deletion, defect, destruction, alteration, and/or delay of any Entry. Sponsor is not responsible for any technical, network, electronic, computer, hardware and/or software malfunction, problem, incompatibility, congestion or failure of any kind. Sponsor reserves the right to cancel, terminate, suspend and/or modify the Giveaway at any time, in its sole discretion, if the Giveaway is not capable of completion as planned, including without limitation, the lack of Entry submissions, incomplete Entries, computer viruses, bugs, tampering, unauthorized intervention or technical failures of any sort, without notice. Without limited the foregoing, Sponsor may lock out any Entrant who, in Sponsor’s sole judgment, has been disqualified, has questionable eligibility or is otherwise ineligible to enter. Upon cancellation or termination of the Giveaway for any reason, Sponsor shall have no obligation to award prizes or compensation of any kind.
By submitting an Entry and participating in the Giveaway, you represent and warrant that (i) your Entry is original and that you are the sole and exclusive owner and rights holder of the submitted Entry, or you have obtained the necessary permission to include the Entry in the Giveaway, and that you have the right and authority to submit the Entry in the Giveaway; (ii) your Entry does not violate any third party intellectual property of proprietary rights; and (iii) you are otherwise not in violation of any applicable laws, rules and/or regulations.
By submitting an Entry and participating in the Giveaway, you agree and hereby grant Sponsor and its parent, subsidiaries, affiliates, agents, employees, successors, and/or related entities (collectively herein “Sponsor Entities”) and absolute unrestricted, non-exclusive, royalty-free, irrevocable, worldwide, perpetual, and transferable license and permission to use, store, copy, modify, publish, distribute, copyright, broadcast, display, combine with other materials, edit, alter, and/or reproduce your Entry and content created in connection with the Giveaway, including but not limited to your name, handle, likeness, voice, image, video, story and photos (“User Content”), for any purpose, including but not limited to promotional, marketing, media, editorial, commercial, advertising, and/or publicity purposes, in any form of media anywhere in the world, including but not limited to its webpages, social media platforms, third party websites, digital and physical owned channels, without geographic or time limitation or further payment, compensation, notice or approval to you, except where prohibited by law. You agree to provide affidavits to Sponsor Entities upon request for the purpose of complying with legal and/or broadcaster requirements concerning eligibility or the use of designs and/or testimonials in advertising. As part of the Prize, the Winner may be photographed and/or videotaped and Winner agrees to execute the Sponsor Entities’ standard release form in connection therewith prior to Prize fulfillment.
- DISPUTES/CHOICE OF LAW. Except where prohibited, each Entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Giveaway or the awarding of the Prize shall be resolved individually, without resort to any form of class action, and exclusively by state or federal courts situated in the State of California, (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, but in no event attorneys’ fees, and (3) no punitive, incidental, special, consequential or other damages, including without limitations, lost profits, may be awarded (collectively, “Special Damages”), and (4) Entrant hereby waives all rights to claim Special Damages and all rights to have such damages multiplied or increased. California Law, without reference to choice of law rules, governs the Giveaway and all aspects related thereto.
11. INDEMNIFICATION. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ENTRANT HEREBY AGREES TO INDEMNIFY, RELEASE AND HOLD HARMLESS SPONSOR AND ITS PARENT, AFFILIATES, AND SUBSIDIARIES AND EACH OF THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, MEMBERS, OFFICERS, EMPLOYEES, LICENSEES, SUCCESSORS, REPRESENTATIVES AND AGENTS AT ALL TIMES FROM AND AGAINST ANY AND ALL CLAIMS, ACTIONS, LOSSES, LIABILITIES, DAMAGES, PROCEEDINGS, COSTS (INCLUDING ATTORNEYS’ FEES) AND EXPENSES FOR ANY INJURY, DAMAGE OR LOSS CAUSED OR CLAIMED TO BE CAUSED, BASED UPON, OR ARISING FROM THE ACCEPTANCE, POSSESSION, USE OR MISUSE OF THE PRIZE OR ANY PART OF THE PRIZE, ENTERING THE GIVEAWAY, PARTICIPATION IN THE GIVEAWAY, OR PARTICIPATION IN ANY PRIZE RELATED ACTIVITY OR EVENT.
In no event shall Sponsor be liable to Winner or Entrant for any indirect, incidental, consequential, special or punitive damages of any kind, whether in contract, tort, negligence, strict liability, statutory or any other theory of liability arising from or related to the Giveaway, or any aspect of Winner’s or Entrant’s participation in or termination from the Giveaway as provided herein, even if Sponsor has been advised of the possibility of such damages. In no event shall Sponsor be liable to Winner or Entrant for any amount with respect to Winner’s or Entrant’s participation in or disqualification from the Giveaway, or from the termination or cancellation of the Giveaway. To the extent permitted by law, the rights to litigate, seek injunctive relief or to any other recourse to judicial or any other procedure in case of disputes or claims resulting from or related to the Giveaway are hereby excluded, and you expressly waive any and all such rights.
- LIABILITY. Entrant agrees that Sponsor and its respective parent, subsidiaries and affiliates and all its advertising and Giveaway agencies, as well as Instagram Inc. (the “Released Parties”), will have no liability whatsoever in connection with this Giveaway. By entering the Giveaway, Entrant explicitly releases, discharges and holds harmless the Sponsor and its successors and assigns and all their respective shareholders, directors, officers and employees, as well as Instagram, Inc. one and all, from any and all liability, actions, causes of action, damages, actual, incidental or consequential, claims and demands whatsoever in law or equity, including attorneys’ fees and/or experts fees and costs, which he/she now has or may acquire, by reason of any personal injury, death, loss of or damage to property, or any reason, occurring during or arising out of his/her participation in the Giveaway and the acceptance and use or misuse of the Prize. The Released Parties are not responsible for any injury or damage to persons or property, which may be caused, directly or indirectly, in whole or in part, from Entrant’s participation in the Giveaway or receipt or use or misuse of the Prize.
- INSTAGRAM DISCLOSURE. You are providing your information to Sponsor and not to Instagram. This Giveaway is in no way sponsored, endorsed or administered by, or associated with Instagram. By participating, you hereby release and hold harmless Instagram from any and all liability associated with this Giveaway.
and https://www.fabkids.com/privacy.htmaddresses how we will use the information we collect from you on the Giveaway entry form. By entering the Giveaway, or providing your information to us, you agree to accept the uses of your information described in these privacy policies. When you register as an entrant in the Giveaway your name, handle or email address and will be collected. Once a Winner is chosen, the Winner’s first and last name will be publicly shared and displayed on ShoeDazzle’s and BEACHWAVER Co.s’ Instagram page, ShoeDazzle’s and BEACHWAVER Co.s’ website, and other promotional materials. The Winner’s name will also be shared with any inquiring parties.
// End of Official Rules //