KATE SPADE NEW YORK
"GIFT CARD GIVEAWAY" 2019 SWEEPSTAKES
1. ELIGIBILITY The Kate Spade New York "Gift Card Giveaway" 2019 Sweepstakes (the "Promotion") is open only to individuals who are at least eighteen (18) years of age at the time of entry, have access to the Internet, have a public Instagram account, are legal residents of the United States of America (including DC) and who satisfy all other eligibility requirements contained herein or applicable by law. This Promotion is void in all other jurisdictions, territories, possessions, and where otherwise prohibited by law. Officers, directors and employees of kate spade new york (Tapestry, Inc.), 2 Park Avenue, New York, NY 10016 (the "Sponsor"), and its parent company, affiliates, subsidiaries, divisions, advertising and promotion agencies, and immediate family members (a parent, spouse, sibling or child, 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 Promotion or to receive a prize.
2. ENTRY PERIOD: Promotion begins at 12:01am Eastern Time ("ET") (or such time as the Post (defined below) is live on Instagram, whichever is later) on September 3, 2019 and ends 11:59pm ET September 6, 2019, by which time all entries must be received ("Promotion Period").
4. GRANT OF RIGHTS. Each entrant into the Promotion hereby irrevocably grants Sponsor a non-exclusive, non-transferable, royalty-free perpetual license to use and display the Entry for any and all purposes in any and all media channels without limitation, worldwide and without additional compensation, notice or approval from entrant.
5. REPRESENTATIONS AND WARRANTIES/INDEMNIFICATION. Each person who enters this Promotion represents and warrants as follows: (i) entrant owns, or has obtained any and all necessary rights and permissions required to submit, the comment and grant Sponsor the rights to use and display the comment as set forth above; (ii) the comment is wholly original; (iii) the comment does not and will not violate or infringe upon the intellectual property rights or other rights of any other person or entity, including, but not limited to, rights of privacy and publicity; and (iv) the comment does not and will not violate any applicable laws, and is not and will not be considered defamatory or libelous. Each entrant hereby agrees to indemnify and hold the Sponsor and its parent, subsidiaries, affiliates, divisions, partners, representatives, agents, successors, assigns, employees, officers and directors harmless from and against any and all third party claims, actions or proceedings of any kind and from any and all damages, liabilities, costs and expenses relating to or arising out of any breach or alleged breach of any of the warranties, representations or agreements of entrant hereunder.
6. WINNER SELECTION. One (1) potential winner will be selected on or about September 7, 2019 in a random drawing from all eligible Entries received during the Promotion Period. Potential winners may be required, in Sponsor's discretion, to complete and return an Affidavit of Eligibility, Release of Liability and Publicity Release (where permitted by law) by the date or within the time frame specified by Sponsor or an alternate winner may be selected. All decisions of Sponsor on all matters relating to this Promotion, including, without limitation, related its selection and determination of winners of this Promotion shall be final and binding. Odds of winning a prize depends on the number of eligible entries received. The potential winners will be notified by direct message via Instagram or otherwise as Sponsor may determine using the contact information provided at the time of entry. If a potential winner is not able to be contacted by Sponsor within twenty-four (24) hours following the date notice or attempted notice is sent, declines, fails to return any required documents, does not complete the verification process within three (3) days, or is otherwise not in compliance herewith, the prize may, in Sponsor’s sole and absolute discretion, be forfeited and/or awarded to an alternate winner.
7. PRIZE. Subject to verification of eligibility and compliance with these Official Rules, one (1) winner will receive two kate spade new york Gift Cards – one for him/herself and one for his/her best friend – each with a pre-loaded value of $1,000USD (the "Prize"). The gift cards are eligible for use for purchases of merchandise online at katespade.com or at any U.S. kate spade specialty or outlet shop.
8. PRIZE CONDITIONS. A Prize will be awarded only if the potential prize winner fully complies with these Official Rules. All costs and expenses associated with the acceptance and/or use of a Prize (to the extent not expressly stated herein as being awarded, including without limitation all federal, state and local taxes) are the sole responsibility of the winner. Each Prize is non-transferable and no substitutions or cash equivalents are allowed, except in the sole discretion of Sponsor. SUCH PRIZES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND SPONSOR HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT.
9. GENERAL RELEASE/FORCE MAJEURE. By entering this Promotion, each entrant agrees to be bound by all terms of these Official Rules. By entering this Promotion, each entrant releases, holds harmless, covenants not to sue, and forever discharges Sponsor, Instagram and their respective parent company, affiliates and subsidiaries, retailers, divisions, advertising and promotion agencies, and all others associated with the development and execution of this Promotion, 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 Promotion including without limitation, in connection with (i) the administration of the Promotion, including without limitation typographical, printing, seeding, human or other errors relating to or in connection with this Promotion, 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 Promotion or acceptance or use of any prize, or participation in any prize-related activities, including but not limited to any travel related thereto, and death and bodily injury, due in whole or in part, directly or indirectly, to participation in the Promotion or any Promotion-related activity. Except where prohibited or restricted by law, by entering this Promotion, each entrant agrees that Sponsor, and its respective designees may use entrant’s name, image, likeness, address, biographical information, Entry, prize information and/or statements about this Promotion for advertising and/or publicity purposes in any and all media now or hereafter known throughout the world in perpetuity without compensation, notification, or permission. No more than the stated number of Prizes will be awarded. Sponsor reserve its right, at its sole discretion, to disqualify any individual who tampers in any way with the any part of the Promotion 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 Promotion or any element thereof. Sponsor reserves the right in its sole discretion to disqualify any individual who is found to be acting in violation of these Official Rules; in an unsportsmanlike or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Promotion; or with the intent to annoy, abuse, threaten or harass any other person. Without limiting the foregoing, in the event Sponsor is prevented from continuing with the Promotion as contemplated herein by any event beyond its control, including, but not limited to, 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 Sponsor’s control, then Sponsor shall have the right to modify, suspend, extend or terminate the Promotion.
10. MISCELLANEOUS. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or any rights and obligations of the entrants and Sponsor relating to this Promotion, shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to any choice of law or conflict of law rules that would cause the application of any other state's laws. By entering this Promotion, each entrant agrees that any and all disputes, claims, and causes of action arising out of or in any way related to this Promotion shall be resolved individually, without resort to any form of class action, and exclusively by a court having competent jurisdiction located in Manhattan, New York. 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. Without limiting the scope of any legal release provided herein, except where prohibited, under no circumstance shall any entrant be permitted to seek or obtain and, by entering this Promotion, each entrant waives all rights to claim, punitive, incidental, consequential or any other damages, other than for actual out-of-pocket expenses incurred, but in no event attorneys' fees, and each entrant further waives any and all rights to have damages multiplied or otherwise increased. ANY ATTEMPT BY AN INDIVIDUAL TO UNDERMINE THE OPERATION OF THIS PROMOTION 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 INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
11. WINNER LIST. For any legally required winner’s list, send a self-addressed stamped envelope mentioning "KATE SPADE NEW YORK® GIFT CARD GIVEAWAY 2019 PROMOTION" to the following address: 2 Park Avenue, New York, NY 10016, attention General Counsel.
This Promotion is in no way sponsored, endorsed or administered by, or associated with, Instagram. Any and all questions, comments or complaints regarding the Promotion must be directed only to Sponsor and not to Instagram.