Official Sweepstakes Rules
OFFICIAL RULES
MINNETONKA + AILA COSMETICS + BRODIE FINE CASHMERE INSTAGRAM SWEEPSTAKES
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. THIS SWEEPSTAKES IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH, INSTAGRAM.
YOU ARE PROVIDING YOUR INFORMATION TO MINNETONKA MOCCASIN CO., AILA AND BRODIE AND NOT TO INSTAGRAM. THE INFORMATION YOU PROVIDE TO MINNETONKA MOCCASIN CO., AILA COSMETICS AND BRODIE FINE CASHMERE AND ITS AGENCIES MAY BE USED FOR ADVERTISING AND PROMOTIONAL PURPOSES WITHOUT ADDITIONAL COMPENSATION OR CONSENT, UNLESS PROHIBITED BY LAW.
1. ELIGIBILITY: Open to legal residents of the 50 United States and the District of Columbia, who are eighteen (18) years of age or older at the time of entry. Employees of Minnetonka Moccasin Co., AILA or Brodie, its parents, affiliates and subsidiaries, participating advertising and promotion agencies, and prize suppliers (and members of their immediate family and/or those living in the same of household of each such employee) are not eligible.
2. HOW TO ENTER and HOW TO WIN: The MINNETONKA + AILA COSMETICS + BRODIE FINE CASHMERE INSTAGRAM SWEEPSTAKES entry period begins April 24, 2020 at 9 AM CST and ends April 26, 2020, at 11:59 PM CST ("Sweepstakes Entry Period"). For purposes of this Sweepstakes, all times refer to Central Standard Time (“CST”). To submit an entry, go to https://www.instagram.com/minnetonkamocc, https://www.instagram.com/ailacosmetics/ or https://www.instagram.com/brodiecashmereofficial/ follow @MinnetonkaMocc, @ailacosmetics and @brodiecashmereofficial to enter and tag one Instagram friend for the chance to win a prize for you and a prize for one (1) friend.
A winner is only eligible to win one (1) prize for you and one (1) prize for your friend tagged from the MINNETONKA + AILA COSMETICS + BRODIE FINE CASHMERE INSTAGRAM SWEEPSTAKES administered on Minnetonka’s Instagram account, AILA Cosmetic’s Instagram account and Brodie Fine Cashmere’s Instagram account by Minnetonka Moccasin Co., AILA Cosmetics and Brodie Fine Cashmere. Information required on the entry form consists of Instagram handle and the tagging of one friend on Instagram.
One (1) winner plus their one (1) friend tagged from sweepstakes entries received between April 24-26, 2020 will be selected and contacted via Instagram direct message on April 27, 2020. One (1) winner will be randomly selected amongst all eligible entries and will be offered four (4) AILA Cosmetics nail laquers, one (1) Brodie Spring Pure Cashmere Sweater and one (1) $100 MinnetonkaMoccasin.com egift card for them and one (1) for their friend tagged. Prize is non-transferable and no substitution is allowed, except by the Sponsor, in its sole discretion.
By entering, you agree to comply with all applicable laws and these Sweepstakes rules, and you agree to abide by all decisions of the Sponsor. In the event of a dispute, electronic and email entries will be deemed to have been submitted by the authorized account holder of the Instagram handle referenced in the entry. The authorized account holder is the person to whom the applicable internet service provider or other organization (such as a business or educational institution) has assigned to the Instagram handle at the time of entry.
Sponsor may not verify receipt of entries. Entries become property of Sponsor and will not be returned. Incomplete entries are void. Sponsor is not responsible for entries that are lost, late, misdirected, incomplete, incomprehensible, illegible, damaged, undeliverable or delayed. Entries generated by any automated means that are detected as such are void.
3. PRIZES and ODDS OF WINNING: Odds of winning depend on the number of entries. Sponsor cannot accurately predict the number of Entrants who will participate in the Sweepstakes. Estimated maximum retail prize value is $523 per person. Prize is non-transferable and no substitution is allowed, except by the Sponsor, in its sole discretion. In the event prize (or any prize component) is not available for any reason, Sponsor may substitute a prize (or prize component) of equal or greater value. SPONSOR AND ITS AGENTS ASSUME NO RESPONSIBILITY OR LIABILITY FOR DAMAGES, LOSSES, OR INJURY, RESULTING FROM ACCEPTANCE OR USE OF PRIZE OR PARTICIPATION IN ANY SWEEPSTAKES-RELATED OR PRIZE-RELATED ACTIVITY. AS A CONDITION OF WINNER’S ACCEPTANCE OF THE PRIZE, SWEEPSTAKES ENTITIES, THEIR PARENT, RELATED, AFFILIATED AND SUBSIDIARY COMPANIES AND THEIR RESPECTIVE OFFICERS, DIRECTORS AGENTS, EMPLOYEES AND ASSIGNS SHALL BE RELEASED AND DISCHARGED FROM ANY AND ALL LEGAL CLAIMS, LOSSES, INJURIES, DEMANDS, DAMAGES, ACTIONS, AND/OR CAUSES OF ACTIONS THAT ARISE OUT OF AND/OR IN ANY WAY RELATED TO THE PRIZE, THE RECEIPT, USE AND/OR ENJOYMENT OF THE PRIZE AND/OR THE SWEEPSTAKES. All taxes related to prize, including income taxes, are the responsibility of the individual winner. Any depiction of prize is for illustrative purposes only. All dates and times are subject to change in the event of technical issues affecting the website, entry process, selection process, or in the event of breaking news or national or local emergency or condition that is of greater public importance, in Sponsor’s sole discretion, than the timely or precise execution of the Sweepstakes.
4. PUBLICITY RELEASE: Except where prohibited, entry in the Sweepstakes constitutes each entrant’s consent for Minnetonka Moccasin Co., AILA Cosmetics and Brodie Fine Cashmere to use, publish, reproduce, and distribute for any purpose, including publicity, promotion and advertising, in any media (including without limitation, print, internet, television, radio, and offline), each winner’s name, city, or biographical information, voice, or image, each in perpetuity without further compensation, credit, or right of review or approval.
5. TERMS AND CONDITIONS; LIMITATION OF LIABILITY: Participants are responsible for complying with all applicable federal, state, and local laws and regulations and with these official rules and by entering, participants agree to be bound to these official rules. Any attempt by an entrant or other party to tamper with the proper administration of the Sweepstakes will disqualify the entrant and may result in civil or criminal action against the entrant or other party and may result in the discontinuation, suspension, or cancellation of the Sweepstakes. WINNERS AND ENTRANTS AGREE, EXCEPT WHERE PROHIBITED BY LAW, TO RELEASE AND DISCHARGE, HOLD HARMLESS AND INDEMNIFY THE SWEEPSTAKES ENTITIES, AND ALL OTHERS ASSOCIATED WITH THE DEVELOPMENT AND EXECUTION OF THIS SWEEPSTAKES, FROM ANY AND ALL TAX LIABILITY THAT MAY BE IMPOSED OR ASSOCIATED WITH RECEIPT OR USE OF THE PRIZES, AND FROM AND AGAINST ANY AND ALL CLAIMS, ACTIONS, PROCEEDINGS, AND LIABILITY FOR ANY DAMAGES, EXPENSES, FEES, INJURY, OR LOSSES (INCLUDING PROPERTY DAMAGE, PERSONAL INJURY, OR DEATH) SUSTAINED IN CONNECTION WITH THE RECEIPT, OWNERSHIP, OR USE OF THE PRIZE OR WHILE TRAVELING TO, PREPARING FOR, OR PARTICIPATING IN ANY SWEEPSTAKES-RELATED OR PRIZE-RELATED ACTIVITY. Sponsor retains the discretion to make all decisions regarding the interpretation and application of these official rules. All decisions of Sponsor are final and discretionary. In the event the selected winner(s) of the prize are/is ineligible or refuse(s) the prize, or if the selected winner fails to timely claim the prize, the prize will be forfeited and Sponsor, in its sole discretion, may randomly select an alternate winner from remaining entries (time permitting), or may elect not to award such prize to an alternate winner, where permitted. This promotion is in no way sponsored, endorsed or administered by, or associated with, Instagram. You are providing your information to the Sponsors listed below and not to Instagram. Your name may be used on Instagram to announce that you have won. Any questions, comments or complaints regarding the promotion should be directed to the Sponsors, not Instagram, and you agree to release Instagram from any liability in connection with this promotion.
6. FORCE MAJEURE, DISCLAIMER/INTERNET: If for any reason, the Sweepstakes is not capable of running as planned for any reason, including infection by computer virus, bugs, tampering and unauthorized intervention, fraud, technical failures, acts of God, war, terrorism, government regulation, disaster, fire, strikes, civil disorder, or any other causes beyond the control of the Sponsor which corrupt or affect the administration, security, fairness, or integrity of the Sweepstakes, the Sponsor reserves the right, in its discretion, to disqualify any individual it believes has tampered with the entry process and/or cancel, terminate, modify, or suspend the Sweepstakes and to select winner(s) from eligible entries received as of the termination date. Sponsor may prohibit an entrant from participating in the Sweepstakes if it determines that said entrant is attempting to undermine the legitimate operation of the Sweepstakes by cheating, hacking, deception, or other unfair playing practices, or intending to abuse, threaten, or harass other entrants. Caution: Any attempt by a participant to deliberately damage any website or undermine the legitimate operation of the Sweepstakes is a violation of criminal and civil laws and should such an attempt be made, Sponsor reserves the right to seek damages from any such participant to the fullest extent of the law. The Sweepstakes Entities (i) assume no responsibility for any error, omission, interruption, deletion, defect, delay in acquisition, operation, or transmission of communications, line failure relating to theft, or destruction or unauthorized access to, or alteration of entries; (ii) are not responsible for any problems relating to, or technical malfunction of, any communications network or lines, computer on-line systems, servers, or communications service provider, computer or other equipment, hardware, software, failure of any entry information to be received by the Sponsor on account of technical problems, human error, or traffic congestion of any communications system on the internet, or at any website, or (iii) any combination thereof, including any injury or damage to the participant’s or any other person’s computer or other device related to, or resulting from, participation or downloading of any materials in this Sweepstakes. SPONSOR MAKES NO WARRANTY, GUARANTEE, OR REPRESENTATION OF ANY KIND CONCERNING ANY PRIZE, AND SPONSOR SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY, WARRANTY OF FITNESS, AND ANY OTHER IMPLIED WARRANTY.
7. ARBITRATION/CHOICE OF LAW: EXCEPT WHERE PROHIBITED, ENTRANTS AGREE THAT ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF, OR CONNECTED WITH THIS SWEEPSTAKES, SHALL BE RESOLVED EXCLUSIVELY BY ARBITRATION PURSUANT TO THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION THEN EFFECTIVE, AND ANY AND ALL CLAIMS, JUDGEMENTS, AND AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS INCURRED BY ENTRANT WITH REGARD TO THIS SWEEPSTAKES, BUT IN NO EVENT ATTORNEYS’ FEES, PUNITIVE, INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES. All issues and questions concerning the construction, validity, interpretation, and enforceability of these official rules, or the rights and obligations of entrants and Sponsor in connection with the Sweepstakes, shall be governed by and construed in accordance with the laws of the State of Minnesota, without giving effect to any choice of law or conflict of law rules or provisions (whether of Minnesota or any other jurisdiction), that would cause the application of the laws of any jurisdiction other than Minnesota. Arbitration in Hennepin County, MINNESOTA shall be the exclusive forum and venue for any dispute relating to these official rules and for this Contest. If arbitration is prohibited, then and in such event, the courts of Minnesota in Hennepin County shall be the exclusive forum for any dispute relating to these official rules and/or this Sweepstakes. All participants and winners agree, by their participation in the Sweepstakes, to submit to the personal jurisdiction of the courts of Minnesota in Hennepin County. The invalidity or unenforceability of any provision of these official rules shall not affect the invalidity or unenforceability of any other provision so long as the general intent of these official rules remains in effect. In the event that any such provision is determined to be invalid or otherwise unenforceable, these official rules shall be construed in accordance with their terms as if the invalid or unenforceable provision was not contained therein.
8. RULES AND WINNERS LIST: Official rules are located online at minnetonkamoccasin.com/official-sweepstakes-rules.com. Incomplete, or mechanically reproduced entries or entries that have been tampered with will be disqualified. If winner does not respond to Sponsor's notification of winning via Instagram Direct Message and claim the prize within 3 days of notification, that winner is subject to disqualification and forfeiture of prize.
9. NATURE OF RELATIONSHIP: Each Entrant hereby acknowledges and agrees that the relationship between the Entrant and the Sponsor does not create any agency, partnership, joint venture or other form of joint enterprise, employment or fiduciary relationship between the parties, and that the Entrant’s decision to provide the Entrant’s entry to the Sponsor for purposes of the Sweepstakes does not place the Sponsor in a position that is any different from the position held by members of the general public with regard to elements of the Entrant’s entry.
SPONSOR: The Sponsor of this promotion is Minnetonka Moccasin Co., AILA Cosmetics, and Brodie Fine Cashmere.