Miss Me 100K Instagram Followers Sweepstakes

OFFICIAL RULES TERMS AND CONDITIONS

 

 NO PURCHASE OR PAYMENT IS NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.

OPEN TO LEGAL RESIDENTS OF THE 50 UNITED STATES AND THE DISTRICT OF COLUMBIA WHO ARE AT LEAST 18 YEARS OF AGE AT THE TIME OF ENTRY (19 YEARS OF AGE IN ALABAMA AND NEBRASKA, 21 YEARS OF AGE IN MISSISSIPPI). VOID WHERE PROHIBITED OR RESTRICTED BY LAW OR REGULATIONS. YOU ARE NOT AUTHORIZED OR ELIGIBLE TO PARTICIPATE IN THE SWEEPSTAKES IF YOU ARE NOT LOCATED WITHIN THE 50 UNITED STATES OR THE DISTRICT OF COLUMBIA.

WITHOUT LIMITATION, THESE OFFICIAL RULES PROVIDE FOR INDEMNIFICATION OF THE SPONSOR AND OTHER SWEEPSTAKES ENTITIES BY YOU, A CLASS ACTION AND JURY TRIAL WAIVER, A REQUIREMENT THAT MOST DISPUTES BE SETTLED BY MANDATORY BINDING ARBITRATION, AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.

• Sponsor: The sponsor of the MISS ME 100K Instagram Followers Sweepstakes (the "Sweepstakes") is Victory 2020, LLC dba MISS ME, 4715 S. Alameda St., Los Angeles, CA 90058 (“MISS ME” or “Sponsor”), whose decisions are final and binding as to all aspects of this Sweepstakes. Sponsor may promote and advertise this Sweepstakes using services provided by Instagram, Inc. (“Instagram”); however, this Sweepstakes is in no way sponsored, endorsed or administered by, or associated with Instagram. Any inquiries regarding this Sweepstakes are to be directed to Sponsor.
• BINDING AGREEMENT: These Official Rules ("Rules") constitute a legally binding agreement by and between Sponsor and each entrant (individually, an “Entrant,” and collectively, "Entrants"), and govern entry in the Sweepstakes. By participating, Entrants fully and unconditionally agree to abide by these Rules. Failure to comply with these Rules will void an Entrant's entry. Winning a prize is contingent upon fulfilling all requirements set forth herein. Entrants and/or Winner may be required to provide proof of identification and eligibility as required by Sponsor. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any other Sweepstakes or promotional materials and the terms and conditions of these Rules, these Rules shall prevail, govern and control.
• ELIGIBILITY: The Sweepstakes is open only to persons who are legal residents of, and physically located within, the 50 United States or the District of Columbia, who are at least 18 years of age (19 in AL or NE, 21 in MS) or older at time of entry. An Entrant's entry into the Sweepstakes will be deemed to be a representation that the Entrant is the age of majority or older in their state of legal residence. The Sweepstakes is void outside the 50 United States and the District of Columbia, and in all other United States territories or possessions, and where prohibited or restricted by law. All federal, state, and local laws and regulations apply. Employees, officers and directors of Sponsor and each of their respective licensees, parent companies, subsidiaries, affiliates, suppliers, advertising and promotional agencies, and immediate family members (herein defined as spouses, parents, siblings, and children and each of their respective spouses, regardless of residence, and any persons living in such a person's household, whether related or not) are not eligible to participate.
• ENTRY PERIOD: The Sweepstakes begins at 9:00 a.m. Pacific Time ("PT") on January 1, 2025 and ends at 9:00 a.m. PT on January 31, 2025 (the "Entry Period"). Sponsor’s computer is the official time-keeping device and Sponsor shall determine timeliness of entries in its sole discretion. Entries received after the Entry Period will not be eligible. Any proof of submission does not constitute proof of receipt. Entries will not be acknowledged or returned.
• HOW TO ENTER: There are two (2) ways to enter: (i) the Instagram Method of Entry and (ii) the Alternative Method of Entry (“AMOE”), as outlined below (collectively, "Entry" or "Entries"). Multiple entries are permitted per Entrant. Entrant may be disqualified for failure to abide by these Rules or for any other conduct deemed inappropriate, illegal, tortious or otherwise unsportsmanlike at Sponsor’s sole discretion. AMOE Entrants have an equal chance of winning. Normal Internet access, phone, and usage charges imposed by your online or phone service may apply.

(i) INSTAGRAM METHOD OF ENTRY: You must have a publicly-viewable Instagram account with direct messaging enabled in order to participate in the Sweepstakes. Instagram is free to join. If you do not have an Instagram account, you can sign up for one either at your mobile app store or at www.instagram.com. When you join Instagram, you are indicating that you have read and agree to accept Instagram’s Terms of Service and Privacy Policy. For avoidance of doubt, this Sweepstakes is in no way sponsored, endorsed, or administered by, or associated with Instagram. The official @MissMe Instagram account will upload image(s) and/or video(s) announcing the Sweepstakes during the Entry Period (each, a “Sweepstakes Post”). To enter the Sweepstakes via the Instagram Method of Entry, Entrant must:

(a) LIKE the Sweepstakes Post;

(b) FOLLOW @MissMe on Instagram throughout the Entry Period

(c) TAG a minimum of 2 friends in the comments (actions “a” through “c” together, a “Submission”). Each comment in this section “c” will be considered one entry.

(d) Bonus entry: Share the Sweepstakes Post to your story and tag @MissMe for one additional entry.

The Entry must be made during the Entry Period and Entrant’s Instagram Account must be publicly viewable as of the close of the Entry Period and at all times until the winner is announced. By making an Entry in connection with your Instagram account, you acknowledge and agree that the Sponsor has the right to use your Submission in any way they see fit. For avoidance of doubt, this Sweepstakes is in no way sponsored, endorsed or administered by, or associated with Instagram.

(ii) ALTERNATIVE METHOD OF ENTRY: To enter without using Instagram, Entrant may enter by the following Alternative Method of Entry (“AMOE”) instead. To enter via this method, e-mail Sponsor at [email protected] with the following entry information:

(a) Name of sweepstakes "MISS ME 100K INSTAGRAM FOLLOWERS SWEEPSTAKES";

(b) Entrant's first and last name;

(c) Entrant's home address (no P.O. boxes are permitted);

(d) Entrant's telephone number; and

(e) Entrant's e-mail address.

AMOE Entries that do not clearly provide all of the above-listed information will be deemed ineligible (as determined in Sponsor’s sole discretion). All AMOE Entries must be received by January 31, 2025 at 11:59 p.m. PT. Sponsor is not responsible for late, lost, or damaged entries, or technical issues that otherwise might prevent Sponsor’s receipt of any AMOE Entries.

Entrant must have a valid e-mail address, regardless of method of Entry. It is Entrant's responsibility to update Sponsor in the event that Entrant changes its e-mail address. Entries using macro, robotic, script or other forms of automatic entry will be disqualified. Proof of Submission does not constitute proof of receipt. Fraudulent, false and/or deceptive Entries or acts shall render such Entries ineligible. If there is a dispute as to the identity of an Entrant, the Prize will be awarded to the Authorized Account Holder (defined below) of the Instagram or email account (as applicable) provided at the time of entry. If a dispute cannot be resolved to Sponsor's satisfaction, the affected Entry will be deemed ineligible and another Winner (defined below) will be selected. By entering, you agree to receive emails about the Sweepstakes from Sponsor.

Important notice regarding online entry from your mobile device: Depending on your wireless service provider/plan, you may be subject to additional fees when accessing and using the mobile services from your device in connection with entering and participating in the Sweepstakes or communicating with Sponsor or its representatives. Entrants using this means of Entry are solely responsible for all charges, fees and taxes associated with entry and participation in this Sweepstakes. Entrants should consult their wireless service provider regarding its pricing plans prior to participating via a mobile device.

Bulk, automated and/or third-party entries are prohibited and will be disqualified. Multiple Entrants are not permitted to share the same email address or Instagram account. Any attempt by a participant to obtain more that the stated number of entries by using multiple and/or different identities, forms, registrations, email addresses, logins, or any other methods will voice that Entrant’s entries, and that entrant may be disqualified at Sponsor’s discretion. In the event of a dispute over the identity of the Winner, Entries will be deemed made by the authorized account holder of the email account submitted at the time of Entry. The authorized account holder is defined as the natural person to whom the email address is assigned by an Internet service provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address. Sponsor will disqualify anyone suspected of entering by opening additional, separate accounts with different email addresses. The Winner may be required to provide Sponsor with proof that he or she is the authorized account holder of the email address associated with the winning Entry and that all eligibility requirements are met. If a dispute cannot be resolved to Sponsor's satisfaction, the affected Entry will be deemed ineligible. Entrant is responsible for notifying Sponsor in writing if his or her email or other contact information has changed.

• RANDOM DRAWING AND NOTIFICATION: On or about one (1) business day after the end of the Entry Period, Sponsor will randomly select ten (10) potential winners ("Potential Winner") from all eligible Entries received during the Entry Period. The winner is considered a Potential Winner pending verification of eligibility and compliance with these Rules. The Potential Winners will be contacted via Instagram Direct Messenger or by e-mail (as applicable) approximately one (1) business day after the random drawing using the contact information provided by the Potential Winner at the time of Entry in order to verify eligibility and confirm them as the winner. If Sponsor is unable to contact any Potential Winner, if Potential Winner fails to respond within 24 hours of being contacted, or if the Potential Winner fails to comply with these Rules or applicable law, the Potential Winner’s Prize is forfeited and an alternative winner may be randomly selected.

The Prize will be awarded within approximately fourteen (14) days after a Potential Winner is verified by Sponsor and all "Winner Requirements” (detailed below) have been met.

• PRIZE AND THE APPROXIMATE RETAIL VALUE ("ARV"): Upon or shortly after completion of the Winner Requirements and verification, the Winner will receive: a Miss Me gift card in the amount of $1,000.00 USD (the “Prize”) to be used at MISSME.COM.The total approximate retail value (“ARV”) of the Prize(s) awarded in this Sweepstakes is $1.000.00. The ARV represents the Sponsor’s good faith determination of the maximum retail value thereof. Winner is not entitled to any difference between the ARV and actual value of prize.
• PRIZE RESTRICTIONS: Winner shall not assign or transfer the Prize or any portion thereof to another person. Once Winner has provided Sponsor with Winner’s personal information in connection with the Prize, Winner may not change his/her personal information. As a condition of receiving the Prize, Winner must strictly comply with Sponsor’s safety and prevention guidelines and protocols, including any applicable protocols that Sponsor may implement in relation to COVID-19 (in Sponsor’s sole discretion).

The Prize will be awarded only if the Winner fully complies with these Rules. The Winner agrees that he or she accepts the Prize at his or her own risk. No transfer, assignment, exchange, refund or substitution of a Prize (or portion of any Prize) is permitted unless Sponsor, in its sole discretion, determines otherwise. The Miss Me Gift Card is referred to as the “Gift Card.” Gift Card is awarded on an 'as is' basis, and cannot be redeemed for cash or used as payment for purchases of additional gift cards or as an adjustment to prior purchase(s). Gift Card is subject to the terms and conditions on the applicable Sponsor website (respectively) and/or Gift Card. Gift Card is promotional in nature and is not paid for by the Winner, and the Winner does not own any right, title, or interest in it unless or until he or she redeems it under the terms set forth herein. The Winner must protect and treat the Prize as he or she would treat any other valuable document. Winner will not receive cash or any other form of compensation if actual costs are less than the ARV in these Rules or in lieu of the Prize awarded. Prize may not be combined with any other offer or any other promotional benefit. If the Winner is unable or unwilling to accept the Prize, or any portion thereof, as stated, the Prize may be forfeited in its entirety and may be awarded to an alternate winner at the sole discretion of Sponsor. All details and other restrictions of the Prize not specified in these Rules will be determined by Sponsor in its sole discretion. Sponsor reserves the right to substitute an alternative prize, in whole or in part, of equal or greater monetary value if a prize becomes unavailable or cannot be awarded as described for any reason. The Prize will not be replaced or replenished if it is lost, stolen, damaged, destroyed or used without the winner's permission. Prize pictured in advertising, marketing or promotional materials is for illustrative purposes only. All costs, including federal, state and local taxes, insurance, any costs/expenses related to participation in the Sweepstakes or acceptance or use of the Prize, and other expenses not specifically identified as included in the Prize, are the sole responsibility of the winner. SPONSOR MAKES NO WARRANTIES OR GUARANTEES OF ANY KIND REGARDING THE PRIZE, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND THE WINNER SHALL TAKE THE PRIZE “AS IS” AND AT HIS OR HER OWN RISK.

Odds of winning will depend on the number of eligible entries received.

• WINNER REQUIREMENTS: The Potential Winner must comply with all terms and conditions of these Rules and winning is contingent upon fulfilling all requirements. The Potential Winner must provide Sponsor with a valid social security number for tax reporting purposes. The Potential Winner will be required to execute and return a federal 1099 tax form, as well as an Affidavit of Eligibility, Liability/Publicity Release (both of which include furnishing their Social Security Number to the Sponsor) (the "Prize Claim Documents") within one (1) day following the date of attempted notification. If a Potential Winner cannot be contacted, is ineligible, fails to claim the Prize, and/or fails to return the Price Claim Documents within the applicable time period, Sponsor may elect to disqualify the Potential Winner, who will then forfeit their right to receive the Prize. In the event the Potential Winner is disqualified for any reason, Sponsor may (in its sole discretion) award the Prize to an alternate winner selected by a random drawing from among all remaining eligible Entries or not award the Prize. Arrangements for delivery of the Prize will be made after winner validation.

Acceptance of any Prize shall constitute and signify the Potential Winner's agreement and consent that Sponsor may use the Potential Winner's name, city, state, likeness, photo(s), Entry, and/or prize information in connection with the Sweepstakes for promotional, advertising or other purposes, worldwide, in any and all media now known or hereafter devised, including the Internet, without limitation and without further payment, notification, permission or other consideration, except where prohibited by law. Without limiting the generality of these Rules, the Potential Winner shall irrevocably grant, transfer, convey and assign to Sponsor the entirety of the rights in and to the Entry and all renewals and extensions of copyright, and the right to secure copyright registrations thereto in perpetuity including, without limitation, the rights to use the Entry for any and all purposes in any and all media whether now known or hereafter developed, on a worldwide basis, in perpetuity. Potential Winner accepts and acknowledges that Sponsor shall not be obligated to use the Entry and that Sponsor in its sole discretion shall have the right to refrain from using the Entry. Sponsor shall not incur any liability whatsoever to the extent Sponsor chooses to refrain from any exploitation of its rights hereunder.

• RELEASES AND LIMITATIONS OF LIABILITY: By entering the Sweepstakes, each Entrant agrees to forever and irrevocably release and hold harmless Sponsor, TikTok, Facebook, Instagram, X, and each of their affiliates, parent companies, subsidiaries, representatives, consultants, contractors, attorneys, suppliers, distributors, advertising/promotional agencies, business partners, public relations, fulfillment and marketing agencies, website providers and their respective officers, directors, stockholders, employees, agents, and representatives (collectively, the "Released Parties") from any and all claims, lawsuits, judgments, causes of action, injuries, losses, proceedings, demands, fines, penalties, liabilities, costs and expenses (including, without limitation, reasonable attorneys' fees and costs) (collectively, "Claims") related to this Sweepstakes or Prize, including without limitation, Claims that may arise in connection with: (i) incomplete, lost, late, stolen, damaged, misdirected or illegible Entries or for failure to receive Entries due to any cause including, but not limited to, human, transmission, or technical problems, failures, or malfunctions of any kind, whether originating with sender, Released Parties or otherwise, that may limit an Entrant's ability to participate in the Sweepstakes; (ii) acceptance, receipt, travel related to, participation in, delivery of, possession, defects in, use, non-use, misuse, inability to use, loss, damage, destruction, negligence or willful misconduct in connection with the use of the Prize (or any component thereof); (iii) any change in the Prize (or any components thereof) due to unavailability or due to reasons beyond Sponsor's control; (iv) any incorrect or inaccurate information, whether caused by Entrant, printing or typographical errors or by any of the equipment or programming associated with or utilized in the Sweepstakes; (v) the violation of any third-party privacy, personal, publicity or proprietary rights; (vi) any interruptions in or postponement, cancellation or modification of the Sweepstakes or these Rules; (vii) any technical malfunctions or unavailability of any telephone network, computer system, online system, computer timing and/or dating mechanism, computer equipment, software or Internet service provider, or mail service utilized by any of the Released Parties or by an Entrant; (viii) any wrongful, negligent, or unauthorized act or omission on the part of any of the Released Parties; (ix) death or personal injury caused by negligence any injuries, losses, liabilities or damages of any kind including personal injury or death caused by the Prize or resulting from acceptance, possession or use of a Prize including participation in any activity or travel related thereto, or from participation in the Sweepstakes; or (x) any inability of the Winner to accept or use the Prize (or portion thereof) for any reason. Released Parties assume no responsibility for any damage to an Entrant's computer system which is occasioned by accessing the websites of Released Parties or participating in the Sweepstakes, or for any computer system, phone line, mobile phone, hardware, software or program malfunctions, or other errors, failures, delayed computer transmissions or network connections that are human or technical in nature, or for the incorrect or inaccurate capture of information, error in Entries or selection announcement, or the failure to capture any information. Released Parties will not be responsible or liable for any Entries in excess of the stated limit or for Entries that are late, forged, lost, misplaced, misdirected, tampered with, incomplete, deleted, damaged, garbled or otherwise not in compliance with the Rules, and all such Entries may, in Sponsor's sole and absolute discretion, be disqualified. Entrant further agrees that Released Parties are in no matter responsible for any warranty, representation, or guarantee, expressed or implied, in fact or in law, relating to the creation, administration or fulfillment of the Sweepstakes and/or the awarding of any prize. Released Parties will not be liable to Winner or any other person for failure to supply any prize or any part thereof, by reason of fire, flood, epidemic, earthquake, unusually severe weather, hurricane, embargo, explosion, labor dispute or strike, labor or material shortage, transportation interruption of any kind, work slow-down, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, war (declared or undeclared), terrorist threat or activity, any federal, state, or local government law, order, request, or regulation, or order of any court or jurisdiction (each a "Force Majeure" event or occurrence), or any other cause beyond Released Parties' control. Further, participants agree to waive the provisions of Civil Code Section 1542 which states: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY." The releases hereunder are intended to apply to all claims not known or suspected to exist with the intent of waiving the effect of laws requiring the intent to release future unknown claims. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THESE RULES APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE APPLICABLE PORTIONS OF THESE RULES MAY NOT APPLY TO YOU.
• ADDITIONAL RULES: Sponsor reserves the right to (i) permanently disqualify from any Sweepstakes it sponsors any person it believes has intentionally violated these Rules; and (ii) suspend, modify or terminate the Sweepstakes if Sponsor believes, in its sole discretion, that fraud, virus, tampering, malfunction, error, disruption, damage or any other cause beyond the control of Sponsor is impairing or will impair the administration, security, fairness, or integrity of the Sweepstakes. If, for any reason, the Sweepstakes cannot be run as planned (including, without limitation, due to a Force Majeure event or any unanticipated occurrence that is not fully addressed in these Rules), Sponsor reserves the right to cancel, modify, or suspend the Sweepstakes or any element thereof. If, for any reason, more prize notifications are sent (or more claims are received) than the number of prizes offered, as set forth in these Rules, Sponsor reserves the right to award the intended number of prizes through a random drawing from among all eligible prize claims received. Sponsor may prohibit an Entrant from participating, winning, or accepting a prize (and void all associated Entries) if, in its sole discretion, it determines that said Entrant is attempting to undermine the legitimate operation of the Sweepstakes and associated prize by cheating, deception or other unfair practices or intending to annoy, abuse, threaten or harass any other participants or Sponsor’s representatives. Sponsor's failure to enforce any term of these Rules shall not constitute a waiver of that provision. Entrants must have a valid e-mail address, and it is Entrant's responsibility to update Sponsor of any change in e-mail address. Any violation of these Rules or any behavior of any Entrant or Winner that may bring the Entrant, Winner or Sponsor into disrepute (in Sponsor's sole discretion) or false and/or deceptive Entries or acts, including misrepresentation of age, may result in Entrant or Winner’s disqualification from the Sweepstakes and, if applicable, all privileges as a winner will be immediately terminated.

LEGAL WARNING: ANY ATTEMPT BY AN INDIVIDUAL, WHETHER OR NOT AN ENTRANT, TO DELIBERATELY DAMAGE, DESTROY, TAMPER OR VANDALIZE THIS SITE OR INTERFERE WITH OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES, IS A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS AND SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND PURSUE ALL OTHER REMEDIES AGAINST ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.

• DISPUTES; CHOICE OF LAW: ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE RULES, OR THE RIGHTS AND OBLIGATIONS OF THE ENTRANT AND 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. BY ENTERING THE SWEEPSTAKES, ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SWEEPSTAKES, OR ANY AWARD AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED, (IF ANY), NOT TO EXCEED ONE HUNDRED DOLLARS ($100.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; AND 3) EXCEPT WHERE PROHIBITED, UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS, AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED. EXCEPT WHERE PROHIBITED, EACH PERSON WHO PARTICIPATES IN THE SWEEPSTAKES IRREVOCABLY AGREES THAT SUCH DISPUTE(S) WILL BE RESOLVED SOLELY BY BINDING ARBITRATION BEFORE A SOLE ARBITRATOR, WITH EXPERIENCE IN ADVERTISING OR PROMOTION AND ENTERTAINMENT LAW, UNDER THE RULES AND REGULATIONS OF THE AMERICAN ARBITRATION ASSOCIATION ("AAA") (AAA CONSUMER ARBITRATION RULES AND CONSUMER DUE PROCESS PROTOCAL ARE AVAILABLE ONLINE AT WWW.ADR.ORG AND HTTPS://WWW.ADR.ORG/CONSUMER OR BY CALLING AAA AT 1-800-778-7879); PROVIDED, HOWEVER, THAT NOTWITHSTANDING THE PARTIES' DECISION TO RESOLVE ANY AND ALL DISPUTES ARISING UNDER THIS SWEEPSTAKES THROUGH ARBITRATION, SPONSOR MAY (1) SEEK TO OBTAIN INJUNCTIVE RELIEF OR OTHER EQUITABLE RELIEF FROM A COURT TO ENFORCE THE PROVISIONS OF THESE RULES; (2) BRING AN ACTION IN COURT TO PROTECT AND INTERPRET SPONSORS INTELLECTUAL PROPERTY RIGHTS; AND/OR (3) BRING AN ACTION TO ENFORCE THE DECISION OF THE ARBITRATOR BEFORE ANY COURT WITH APPLICABLE JURISDICTION. THE ARBITRATION WILL BE HELD IN LOS ANGELES, CALIFORNIA. THE ARBITRATOR WILL APPLY THE SUBSTANTIVE LAWS OF THE STATE OF CALIFORNIA, WILL ISSUE A WRITTEN DECISION AND WILL HAVE THE POWER TO AWARD ANY LEGAL REMEDIES EXCEPT AS LIMITED BY THESE RULES. The parties will split the arbitrator's fee; provided, however, if applicable law requires Sponsor to pay the arbitrator's fee in order for the arbitration provision to be enforceable, Sponsor shall have the discretion to pay such fees and proceed to arbitration. Entrant irrevocably waives any right to bring or join in any class action regarding the Sweepstakes. Judgment upon the arbitration award may be entered in any court having jurisdiction thereof. This arbitration provision shall be deemed to be self-executing, and in the event that any party fails to appear to any properly noticed arbitration proceeding, an award may be entered against such party notwithstanding said failure to appear.
• INDEMNITY: Each Entrant (including Winner) shall indemnify, defend and hold harmless the Released Parties from and against any and all claims, damages, actions, liability, loss, injury or expense, including reasonable attorneys’ fees and costs, arising out of or in connection with: (a) Entrant’s participation in the Sweepstakes; (b) a breach or allegation which if true would constitute a breach of any of the representations, warranties or obligations herein; and (c) acceptance, possession, grant, or use of any Prize, including without limitation, personal injury, death and property damage arising therefrom.
• PRIVACY POLICY/DATA COLLECTION: Any personally identifiable information collected during an Entrant's participation in the Sweepstakes will be collected by Sponsor or its designee(s) and used by Sponsor, its affiliates, designees, agents and marketers for purposes of the proper administration and fulfillment of the Sweepstakes as described in these Rules and in accordance with Sponsor's Privacy Policy located at www.revolve.com/privacypolicy. Each Entrant agrees to the collection, processing and storage of Entrant's personal data by Sponsor for purposes of the Sweepstakes.
• WINNERS LIST: The Winner’s names will be available approximately one (1) business day after the last day for AMOE entries. For the Winner’s name, send a stamped (VT residents omit postage), self-addressed envelope to: Victory 2020, LLC, Attention: Marketing Dept., 4715 S. Alameda St., Los Angeles, CA 90058 or an email to [email protected]. Subject: MISS ME 100K INSTAGRAM FOLLOWERS SWEEPSTAKES REQUEST. Requests must be received within six (6) months following the close of the Entry Period.
• OFFICIAL RULES: For a copy of these Rules, send a stamped (VT residents omit postage), self-addressed envelope to: self-addressed envelope to: Victory 2020, LLC, Attention: Marketing Dept., 4715 S. Alameda St., Los Angeles, CA 90058 or an email to [email protected]. Subject: MISS ME 100K INSTAGRAM FOLLOWERS SWEEPSTAKES REQUEST. Requests must be received within thirty (30) days following the close of the Entry Period.
• SEVERABILITY: If any portion of these Rules should be held invalid or unenforceable for any reason, such portion shall be deemed modified or severed from this agreement in such a manner as to enable the remaining portions of these Rules to remain in full force and effect as if no invalid or unenforceable provision had been part of this agreement.