The Janie and Jack Celebrate Black History Month Sweepstakes Official Rules (“Official Rules”)
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT IMPROVE YOUR CHANCES OF WINNING.
Sweepstakes may only be entered in or from the fifty (50) United States (U.S.) or the District of Columbia (D.C.) and entries originating from any other or excluded jurisdiction are not eligible for entry. This Sweepstakes is governed exclusively by the laws of the U.S. You are not authorized to participate in the Sweepstakes if you are not located within the applicable U.S. states or D.C.
1. Start/End Dates. Sweepstakes begins at 9:00 AM PST on 2/20/2021 and ends at 11:59 PM PST on 3/1/2021 (the “Sweepstakes Period”).
2. How to Enter. To enter the Janie and Jack Celebrate Black History Month Sweepstakes (“Sweepstakes”) during the valid Sweepstakes Period, to make a qualifying entry you must do all of the following: (a) follow the Janie and Jack (@janieandjack) brand page on Instagram, (b) like the post featuring information about the Sweepstakes on the Janie and Jack page, and (c) post a comment on the post referenced in (b) above that tags one friend’s Instagram account and includes the hashtag #sweepstakes (an “Entry”). For the avoidance of doubt, tagging yourself does not satisfy condition (c) in the preceding sentence. If you post multiple Entries (up to the maximum number identified below), each Entry must tag a different friend.
It is free to create an Instagram profile, but creating an account on either platform is subject to that platform’s terms. Your profile settings must be set to “unprotected” and/or “public” in order for your posts to be viewable by Sponsor and its agents.
Entry Limitations and Requirements: (a) The Entry must not contain material that violates or infringes another’s rights, including but not limited to privacy, publicity or intellectual property rights, or that constitutes copyright infringement; (b) The Entry must be the original work of entrant and must not contain content created by a third party; (c) The Entry must not contain brand names or trademarks other than those owned by Sponsor, which entrant has a limited license to use in his/her Entry; (d) The Entry must not disparage Sponsor or any other person or party; (e) The Entry must not contain material that is inappropriate, offensive, indecent, obscene, tortious, defamatory, or libelous; (f) The Entry must not contain material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation, or age; (g) By entering, each entrant warrants and represents that any third party whose person or property appears in the Entry has given entrant appropriate written consent (which shall be provided to Sponsor upon request thereof) for such person or property to be filmed, photographed or otherwise used in the Entry; and (h) The Entry must not contain material that is unlawful, in violation of, or contrary to the laws or regulations in any jurisdiction where the Entry is created or otherwise contains inappropriate content or objectionable material as determined by Sponsor in its sole discretion. ENTRIES WERE NOT EDITED BY SPONSOR AND ARE THE VIEWS/OPINIONS OF THE INDIVIDUAL ENTRANT.
To remain eligible for a chance to win, you must meet the conditions for a qualifying Entry at the time a potential winner is selected and Sponsor must be able to contact you.
Sponsor is not responsible for (1) lost, late, illegible, stolen, incomplete, invalid, unintelligible, misdirected, postage due, late delivered, technically corrupted or garbled Entries, comments, posts, or messages, which will be disqualified; or (2) incorrect or inaccurate entry information whether caused by Internet or mobile users or by any of the equipment or programming associated with or utilized in the Sweepstakes, or by any technical or human error which may occur in the processing of entries and/or in connection with an Entry. Only fully completed Entries are eligible. Proof of Entry submission will not be deemed to be proof of receipt by Sponsor.
LIMIT: Maximum 15 Entries per person throughout the Sweepstakes Period. Any attempt by any entrant to obtain more than the stated number of Entries by using multiple/different accounts, profiles, phone numbers, email addresses, identities, registrations and logins, or any other methods will void all that entrant’s Entries, and that entrant may be disqualified. No automated entry devices and/or programs permitted.
3. Eligibility. Participation open only to legal residents of the fifty (50) U.S. or D.C. who are at least the age of majority in their state of residence as of date of entry, and under age entrants or those entries originating from any other or excluded jurisdiction are not eligible for entry. Void outside of the fifty (50) U.S. or D.C., and where prohibited, taxed or restricted by law. Employees, officers and directors of The Gap, Inc. (d/b/a Janie and Jack) (“Sponsor”) and its parent companies, subsidiaries, affiliates, partners, advertising and promotion agencies, manufacturers or distributors of sweepstakes materials and their immediate families (parents, children, siblings, spouse) or members of the same household (whether related or not) of such employees/officers/directors are not eligible to enter. All federal, state and local laws and regulations apply. Participation in the Sweepstakes constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor’s decisions, which are final and binding in all matters related to the Sweepstakes. Winning a prize is contingent upon fulfilling all requirements set forth in these Official Rules.
4. Odds/Drawing. Odds of winning a prize will vary based on participation and will be determined by random drawing from among all eligible Entries received and conducted on approximately 3/2/2021. Sponsor’s clock will be the official timekeeper for the Sweepstakes.
5. Prize(s). There are 2 total winner(s)/prize(s). Each winner will receive one (1) Harperiman doll (Approximate Retail Value (“ARV”): $110.00); one (1) “Brave Ballerina: The Story of Janet Collins” book (ARV: $17.99); one (1) Shyv Beauty Kids Body Butter (ARV: $14.00); one (1) Shyv Beauty Kids Instant Foaming Facial Soap (ARV: $18.00); one (1) Shyv Beauty Kids Instant Foaming Body Soap (ARV: $22.00); and their choice of either one (1) Brown Girls Do Ballet Ballerina Tee in size 3-6M, 6-12M, 12-18M, 18-24M, 2T, 3, 4, 5, 6, 7, 8, 10, or 12 (ARV: $32.00) or one (1) Brown Girls Do Ballet Tee in size 3-6M, 6-12M, 12-18M, 18-24M, 2T, 3, 4, 5, 6, 7, 8, 10, or 12 (ARV: $32.00). Total ARV of all prizes combined: $427.98.
LIMIT: Maximum 1 prize per person.
Prize(s) is/are non-transferable and, if applicable, not redeemable on prior purchases. No prize substitutions or cash redemptions. In the case of unavailability of any prize, Sponsor reserves the right to substitute a prize of equal or greater value. Any and all federal, state, and local taxes, and all unspecified expenses are the sole responsibility of winner. Winner may be issued an IRS 1099 form for prizes over $600.00. ARV is as of date of printing of these Official Rules. The difference in value of a prize as stated herein and the value at time of prize notification, if any, will not be awarded.
6. Notification. Potential winner(s) will be notified by direct message via the Instagram profile used at entry.
All potential winners must provide Sponsor with required information to fulfill the prize (e.g., mailing address, sizing, etc.). All potential winner notifications are subject to verification, regardless of the message received. If any potential winner rejects the prize, cannot be contacted within three (3) calendar days, fails to provide required information to fulfill the prize, or is disqualified for any reason, potential winner forfeits the prize and Sponsor may select an alternate potential winner by random drawing from among all remaining eligible Entries. If applicable, there will be one (1) alternate drawing per prize, after which the prize will remain unawarded if not fulfilled. Upon prize forfeiture, no compensation will be given. Decisions of Sponsor regarding Prize eligibility and determination are final. All potential winners are subject to verification by Sponsor.
7. Conditions. Participation in Sweepstakes constitutes each entrant’s permission for Sponsor to use his/her Entry, name, address (city and state), likeness, photograph, picture, portrait, voice, biographical information, and/or any other information provided by entrant for advertising and promotion purposes without notice or compensation, except where prohibited by law. By participating, entrants, winner(s) agree to release and hold harmless Sponsor, its affiliates, partners and promotion and advertising agencies and each of their respective parent companies, subsidiaries, affiliates, partners, representatives, agents, successors, assigns, employees, officers and directors, and if applicable, any Social Media sites where the Sweepstakes may be found (collectively, the “Released Entities”), from any and all liability, for loss, harm, damage, injury, cost or expense whatsoever including without limitation, property damage, personal injury and/or death which may occur in connection with, preparation for, travel to, or participation in Sweepstakes, or possession, acceptance and/or use or misuse of prize or participation in any Sweepstakes-related activity and for any claims based on publicity rights, defamation or invasion of privacy and merchandise delivery. Sponsor is not responsible if Sweepstakes cannot take place or if a prize cannot be awarded due to travel cancellations, delays or interruptions due to acts of God, acts of war, natural disasters, weather or acts of terrorism. Entrants who do not comply with these Official Rules, or attempt to interfere with this Sweepstakes in any way shall be disqualified. There is no purchase or sales presentation required to participate. A purchase does not increase odds of winning.
8. Additional Terms. In the event more prizes are claimed than are intended to be awarded, Sponsor reserves the right, as applicable, to award the stated number of prizes in a random drawing from among all valid prize claims received. In no event will Sponsor be liable, including but not limited to malfunction in the technical operation of the Sweepstakes and the award of prizes, for more than the stated number of prizes listed in these Official Rules.
In case of dispute as to the identity of any entrant, Entry will be declared made by the authorized account holder of the email address submitted at time of entry or the Social Media account used to enter the Sweepstakes (as applicable). “Authorized Account Holder” is defined as the natural person who is assigned an email address or, if applicable, Social Media account by an Internet access provider, online service provider, Social Media site, or other organization (e.g., business, educational institution, etc.) responsible for assigning email addresses or the domain associated with the submitted email address or the domain associated with the email address used to register the Social Media account associated with the Entry. Any potential winner may be requested to provide Sponsor with proof that such winner is the authorized account holder of the email address or Social Media account associated with the winning Entry. Any other attempted form of entry is prohibited; no automatic, programmed, robotic, or similar means of entry are permitted. The Released Entities are not responsible for technical, hardware, software, telephone or other communications malfunctions, errors or failures of any kind, lost or unavailable network connections, web site, Internet, or ISP availability, unauthorized human intervention, traffic congestion, incomplete or inaccurate capture of entry information (regardless of cause) or failed, incomplete, garbled, jumbled or delayed computer transmissions which may limit one’s ability to enter the Sweepstakes, including any injury or damage to participant’s or any other person’s computer relating to or resulting from participating in this Sweepstakes or downloading any materials in this Sweepstakes. Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify, extend or suspend this Sweepstakes should (in its sole discretion) virus, bugs, non-authorized human intervention, fraud or other causes beyond its control corrupt or affect the administration, security, fairness or proper conduct of the Sweepstakes. In such case, Sponsor may select the winner(s) from all eligible Entries received prior to and/or after (if appropriate) the action taken by Sponsor. Sponsor reserves the right, at its sole discretion, to disqualify any individual it finds, in its sole discretion, to be tampering with the entry process or the operation of the Sweepstakes or web site. Sponsor may prohibit an entrant from participating in the Sweepstakes or winning a prize if, in its sole discretion, it determines that said entrant is attempting to undermine the legitimate operation of the Sweepstakes by cheating, hacking, deception, or other unfair playing practices (including the use of automated quick entry programs) or intending to annoy, abuse, threaten or harass any other entrants or Sponsor representatives. Failure to enforce any aspect of the Official Rules against any particular Entry, Entrant, Potential Winner, or Winner is not a waiver of enforcing the Official Rules against others.
THIS SWEEPSTAKES IS IN NO WAY SPONSORED, ENDORSED, ADMINISTERED BY OR ASSOCIATED WITH ANY SOCIAL MEDIA PLATFORM/ENTITY ON WHICH IT MAY APPEAR, INCLUDING BUT NOT LIMITED TO, FACEBOOK, TWITTER, INSTAGRAM, SNAPCHAT (SNAP INC.), PINTEREST, ETC. (COLLECTIVELY, “SOCIAL MEDIA”).
CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
9. Limitation of Liability; Disclaimer of Warranties. IN NO EVENT WILL THE RELEASED ENTITIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICE AND/OR THE SWEEPSTAKES, DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM ANY WEBSITES ASSOCIATED WITH THE SWEEPSTAKES. IN NO EVENT SHALL THE RELEASED ENTITIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED $10. WITHOUT LIMITING THE FOREGOING, THIS SWEEPSTAKES AND ALL PRIZES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
10. Disputes; Governing Law. The parties waive all rights to trial in any action or proceeding instituted in connection with these Official Rules, including, without limitation, the Sweepstakes. Any controversy or claim arising out of or relating to these Official Rules and/or the Sweepstakes shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in the County of San Francisco in the State of California.
THESE OFFICIAL RULES AND THE INTERPRETATION OF ITS TERMS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA WITHOUT REGARD TO ITS CONFLICTS OF LAWS RULES. For any matters which are not subject to arbitration as set forth in these Official Rules and/or in connection with the entering of any judgment on an arbitration award in connection with these Official Rules and/or the Sweepstakes, the parties irrevocably submit and consent to the exclusive jurisdiction and venue of the state and federal courts located in or closest to County of San Francisco in the State of California. The parties agree not to raise the defense of forum non conveniens.
12. List of Winner(s). To obtain a list of winner(s), send a written request in an email by 3/12/2021 to: email@example.com and include the name of this Sweepstakes in the subject line.
13. Sponsor. The Gap, Inc. (d/b/a Janie and Jack), 1 Harrison Street, San Francisco, CA 94105.