AIRSTREAM® + WALTZING MATILDA USA GIVEAWAY
Official Rules – No Purchase Necessary to Enter or Win
A Purchase Does Not Increase Your Chances of Winning. Open to Legal Residents of the 50 United States and D.C., 18 Years of Age or Older and Legal Age of Majority. Void Where Prohibited.
These Official Rules (“Official Rules”) govern the AIRSTREAM® + WALTZING MATILDA USA GIVEAWAY (the “Promotion”). This Promotion sponsor is Airstream, Inc., 419 West Pike Street, Jackson Center, OH 45334-0629 (“Sponsor”), and the Promotion administrator is Spark Communications Group, LLC, P.O. Box 49745, Athens, GA 30604 (“Administrator”). The Prizes are contributed by Waltzing Matilda USA, LLC (“Prize Contributor”). Sponsor, Administrator, and Prize Contributor are collectively the “Promotion Entities”.
By participating in this Promotion in any way, you fully and unconditionally agree to and accept these Official Rules and the decisions of Sponsor and Administrator, which are final and binding in all matters relating to the Promotion. Any award of a Prize is contingent upon fulfilling all requirements herein.
To be eligible to enter this Promotion, you must, at the time of entry:(a) be a legal resident of the 50 United States or the District of Columbia; (b) be at least 18 years of age and the legal age of majority where you reside; (c) be the owner of an Instagram account (your “Account”); and (d) follow, at all times from your entry through the Prize Drawing, Sponsor’s official Instagram page (https://www.instagram.com/Airstream_inc/) (the “Official Airstream Instagram Page”) with your Account.
Employees, directors, officers, and their immediate families (spouses and siblings, parents and children and their spouses) and household members of Promotion Entities, and their respective parent companies, subsidiaries and affiliates, dealers and distributors and companies involved in the implementation and execution of this Promotion are not eligible.
You are not eligible if you or anyone in your household has been selected as a winner in any other promotion sponsored by Airstream within the year before the beginning on the Entry Period.
The entry period begins at 9 a.m. Eastern Time on May 14, 2018 and ends at 9 p.m. Eastern Time on May 14, 2018 (the “Entry Period”). The clock on the Sprout Social service will be the official timekeeper for this Promotion.
How to Enter
During the Entry Period, use your Account to visit the Official Airstream Instagram Page and submit a comment in response to Airstream’s post announcing this Promotion using the Hashtag #WaltzingMatildaUSAPromotion (the “Hashtag”) and “mention” (@username) one valid Instagram username belonging to a friend of yours. All entries must otherwise comply with these Official Rules and the Instagram terms of service. You must also follow the Official Airstream Instagram Page and the Waltzing Matilda Official Instagram Page (https://www.instagram.com/waltzingmatilda_usa/) with your Account at time of entry and until the Prize Drawing (see below).
The friend you mention must be a natural person who is over the age of 18 and the age of majority where he/she lives, and must be a personal acquaintance of yours. You may enter an unlimited number of times, but each comment must mention a different friend’s Instagram username.
Acknowledgment of receipt of an entry does not constitute any representation as to Promotion eligibility or that the entry is a qualifying entry and merely indicates that applicable entry has been received. The Promotional Entities are not responsible for errors or failures of messages sent or received within any social media platform, including Instagram. Entries that are incomplete or corrupted are void. Sponsor is not liable for misdirected entries.
Note: if Your Account is set to “protected mode”, “private” or similar mode, your updates/responses may not be visible to Sponsor and, therefore, will not be received by Sponsor, resulting in your failure to enter the Promotion. Sponsor is not responsible for failure to see or receive an entry. Sponsor, at its sole discretion, may accept a technically incorrect entry.
Two (2) Prize Winners selected at random from the qualifying entries received. Each Prize Winner will each receive his or her choice of one (1) pair of: Matilda Jane™ “Al” Men’s sandals in dark brown or Matilda Jane™ “Jordann” Women’s sandals in buck brown. (the “Prizes” and each a “Prize”). The total approximate retail value (“ARV”) of the Prizes is $176.
Your odds of winning depend on the number of qualifying entries received.
Prize sizes, color, and specifications are subject to availability. Any Prize details not specified above will be determined by Sponsor, in its sole discretion. Sponsor makes no representation or warranty concerning the appearance, safety, or performance of any Prize awarded. Restrictions, conditions, and limitations may apply. No Prize may be transferred and each Prize must be accepted as awarded. No Prize Winner may request cash or a substitute prize; however, Sponsor reserves the right to substitute a Prize with another prize of equal or greater value (or substitute components of the gift basket) if Sponsor determines, in its sole discretion, a Prize or a component thereof is unavailable for any reason. The Prize ARV represents Sponsor's good faith and final determination. If the actual Prize value turns out to be less than the stated ARV, the difference will not be awarded in cash.
If you are a Prize Winner, Sponsor will ship your Prize to you at your legal residence within six (6) weeks after the announcement of the winner is announced. Risk of loss passes from Sponsor to you upon delivery.
Each Prize Winner will be responsible for any and all other taxes, costs, expenses, or fees which may apply, including, without limitation, income tax.
The Prize Drawing
Sponsor will conduct the Prize drawing on or about May 17, 2018 (the “Prize Drawing”). Each owner of a winning entry will be a “Potential Winner”. The Potential Winners will be announced via public post on the Official Airstream Instagram Page on or about May 17, 2018. Sponsor will also notify each Potential Winner via a private message sent to the Instagram Account used by each Potential Winner to submit the respective winning entry (the “Notice”). Each Potential Winner is responsible for monitoring the Account for such private message and for complying with the directions and deadlines set forth therein.
Sponsor shall not be obligated to award a Prize to a Potential Winner unless the Potential Winner accepts and satisfies each of these additional terms and conditions (except to the extent which may be prohibited by law) within ten (10) days from the date Administrator sends the Notice to the Potential Winner (the “Notice Period”):
- The Potential Winner must contact Administrator in the manner specified in the Notice and acknowledge receipt of same;
- The Potential Winner must provide to Administrator proof of eligibility in the form requested by and acceptable to the Sponsor in the Notice or in subsequent communications (which information may include, in the Sponsor’s sole discretion, proof: of identity, legal residence, age, Social Security Number, phone number, the Potential Winner’s status as the owner of the Instagram Account used in connection with entering the Prize Drawing, a valid email address owned by or assigned to the Potential Winner, and/or the entrant’s compliance with these Official Rules;
- If requested by a Promotional Entity, the Potential Winner must complete, sign and return an IRS W-9 form; and
- The Potential Winner must execute and return to Administrator an affidavit of eligibility in a form provided by Sponsor, which includes a liability release and a publicity release.
If a Potential Winner satisfies these requirements (as determined by Sponsor in its sole judgment), the Potential Winner will be deemed the “Prize Winner” and shall be awarded a Prize.
A Potential Winner may be disqualified and an alternate potential winner may be selected from the qualifying entries on the basis of the judging criteria set forth above if Sponsor determines, in its sole discretion: (a) the Potential Winner did not fully and accurately respond to Administrator within the Notice Period; (b) circumstances indicate that attempts to contact the Potential Winner will be futile; or (c) the Potential Winner has otherwise failed to satisfy the requirements, terms, and conditions set forth in these Official Rules.
Sponsor’s Intellectual Property Rights; Limited License
AIRSTREAM® and any related trademarks, product names, trade dress, logos, and related trademarks, trade names and service marks (collectively, the “Sponsor IP”) are owned or used under license by Sponsor. WALTZING MATILDA™ and any related trademarks, product names, trade dress, logos, and related trademarks, trade names and service marks (collectively, the “Prize Contributor IP”) are owned or used under license by Prize Contributor. You shall not acquire any rights in the Sponsor IP or the Prize Contributor IP, provided that, once posted, you may share and/or promote your Qualifying Entry and the associated Hashtag on Instagram via Your Instagram Account. All rights not expressly granted are reserved.
Your Intellectual Property Rights; Limited License
You will retain ownership in any original content in the entry you submit as an entry to the Promotion. Upon entering the Promotion via your entry, you agree that Sponsor and Administrator may share, re-post, and otherwise use the entry and its content (including any photograph and/or text) in any manner permitted by the terms of service of Instagram. Neither Sponsor nor Administrator will otherwise original content in your entry for any other purpose (unless you later grant a license to do so) or unless you are selected as the Potential Winner.
If you are selected as a Potential Winner, you grant and hereby do grant to Sponsor and Administrator and their parent, subsidiary and affiliated companies a perpetual, royalty-free, non-exclusive, and sublicensable license to publish, display, copy, use, alter and distribute your entry (including any text, images and other content therein), edited or unedited, in whole or in part, with or without attribution, in any form or medium (whether known now or hereafter developed and including print materials and Internet communications), in connection with any lawful commercial purpose and for other publicity purposes, without further review, notification, payment or consideration. You further waive all moral rights or other rights of attribution with respect to said entry.
Additionally, if you are selected as a Potential Winner, Sponsor may publish, display, copy, use, alter and distribute the your name, likeness, photograph, voice, opinion, statements, and biographical information, edited or unedited, in any form or medium (whether known now or hereafter developed and including print materials and Internet communications), in connection with any lawful commercial purpose and for other publicity purposes, without further review, notification, payment or consideration (unless otherwise prohibited by law).
Your Representation and Warranties
You, by entering any entry in the Promotion, represent and warrant that: (a) you and your entry satisfy the eligibility requirements of these Official Rules; (b) you conceived and created any content in the entry; (c) you possess all rights and permissions necessary to enter the entry and grant the licenses herein infringement upon the rights of any third party; and (d) your entry otherwise complies with these Official Rules, the terms of service of Instagram, and all applicable laws.
Exclusion of Warranties
Sponsor is not responsible for technical or human error or for technical failures which may occur in the administration of the Promotion for any damages to person or property that may be caused, directly or indirectly, by your entry into the Promotion.
Each Prize may be subject to a limited warranty provided by its manufacturer. Sponsor does not make, nor in any manner is responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to any Prize, including but not limited to its quality, fitness for a particular purpose, or its condition.
TO THE FULLEST EXTENT PERMITTED BY LAW, AND EXCEPT FOR ANY WARRANTY EXPRESSLY MADE HEREIN, SPONSOR MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SPONSOR WILL NOT BE LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, ANY LIABILITY, CLAIM, LOSS, LOST PROFITS OR DAMAGES UNLESS EXPRESSLY PROVIDED FOR HEREIN.
Limitation of Liability, Indemnification, and Release
By entering the Promotion, you agree to release, discharge, indemnify, defend, protect, and save Sponsor, Administrator, Prize Contributor, Instagram, their parent companies, subsidiaries and affiliated companies, and their respective officers, directors, employees and agents (collectively, the “Released Parties”) harmless from and against any and all liabilities, obligations, losses, damages, penalties, claims, actions, suits, costs, expenses, and disbursements of whatsoever kind and nature (collectively, “Claims”) including legal fees and expenses imposed on, incurred by, or asserted against the Released Parties in any way relating to the Promotion; any entry you submit or submitted in relation to the Promotion; and, if awarded a Prize, any Claims arising out of the use and possession of the Prize by you or third parties. Potential Claims include, but are not limited to: (a) Claims as a result of latent or patent defects in a Prize; (b) Claims for infringement of trademark or copyright, contributory infringement, false light, invasion of privacy, portrayal in a false light, defamation, and infringement of any right of publicity; and (c) tort claims of any kind, including claims for injury or damage to property, or injury or death to any person arising out of the your entry in the Promotion, your acceptance, use or possession of a Prize, and/or any publicizing by a Released Party of the award of the Prize to you. You further understand and agree that all rights under Section 1542 of the Civil Code of California ("Section 1542") and any similar law of any state or territory of the United States that may be applicable with respect to the foregoing release are hereby expressly and forever waived. You acknowledge that Section 1542 provides that: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." 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.
Creating your Instagram Account is free. This Promotion is not sponsored by, endorsed by, or otherwise affiliated with Instagram. The Promotion is subject to, and you agree to comply with, the terms and conditions of Instagram and any other service on which it is promoted.
Sponsor’s decisions and interpretations on all matters relating to the Promotion and these Official Rules are final and binding in all respects. Sponsor reserves the right to disqualify any entrant or winner and may refuse to award a Prize to a person who Sponsor, in its sole discretion, has determined has violated these Official Rules or is otherwise not eligible. Entries from multiple accounts, multiple identical entries, third party entries, and entries through any sweepstakes service are prohibited. You may not use the Hashtag in connection with a post which does not meet these entry requirements; use false or misleading information in connection with an entry; use automated or robotic means to submit entries; or otherwise violate these Official Rules or the Instagram terms of service in connection with your participation in the Promotion.
Sponsor reserves the right, in its sole discretion, to disqualify and seek damages from any individual who interferes or tampers with the operation of the Promotion, violates these Official Rules, violates the terms of service of Instagram, or otherwise acts in a disruptive or unsportsmanlike manner.
If there is a dispute about the identity of an entrant, Sponsor will award the Prize to the natural person who Sponsor determines to be the owner of the Account used to submit the winning entry. Any Potential Winner may be required to show proof of being the owner of the Account used to submit the entry.
Sponsor’s failure to enforce any terms of these Official Rules shall not act as a waiver of that term.
If any provision of these Official Rules shall be held or deemed to be illegal, inoperative, or unenforceable by a court or other tribunal of competent jurisdiction, such provision shall be of no force or effect, but shall not affect any other provisions of these Official Rules, nor render any other provision invalid, inoperative, or unenforceable to any extent whatsoever.
In the event that the operation, security, or administration of the Promotion is impaired in any way, Sponsor may, in its sole discretion: (a) suspend the Promotion in order to address the impairment and resume the Promotion at a later date; or (b) award the Prize from among the qualifying entries received up to the time of the impairment.
You are solely responsible for any charges, fees, or taxes which may be charged by third parties in connection with your participation in the Promotion, including but not limited to data, connection, and Internet services charges. If you opt to use your wireless mobile device in connection with the Promotion, depending on your phone's capabilities, data charges may apply according to the terms and conditions of your service agreement with your wireless carrier.
Governing Law and Jurisdiction
This Promotion is subject to applicable federal, state, and local laws and regulations and is void where prohibited. These Official Rules will be governed by the laws of the State of Ohio (without regard to conflict of law principles). Any proceeding arising out of or relating to the Promotion (including the application, enforcement, and/or construction of these Official Rules) must be brought in a court of competent jurisdiction in Shelby County, Ohio. By entering into this Promotion, you irrevocably consent and submit to jurisdiction in any such court.
Obtaining List of Winners or Copy of Official Rules
For the name of the Prize Winner or a copy of the Official Rules, please send your request to [email protected] and the applicable request and a self-addressed, stamped, #10 envelope to See.Spark.Go, attn: AIRSTREAM® + WALTZING MATILDA USA GIVEAWAY at P.O. Box 49745, Athens, GA 30604. Requests must be received within one (1) year of the end of the Promotion.
Persons may e-mail questions concerning the Promotion and the Official Rules to [email protected].
Dated: May 9, 2018