KENNETH COLE HOLIDAY GIFT TRUCK Social Media Sweepstakes OFFICIAL RULES
NO PURCHASE OR OBLIGATION OF ANY KIND IS NECESSARY TO ENTER OR WIN THE SWEEPSTAKES. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. The Sweepstakes will begin on or about December 10, 2014 at 9:00 AM (EST) or such other time as designated by Sponsor and will end on or about December 13, 2014 at 9:00 PM (EST) or such other time as designated by Sponsor (the “Sweepstakes Period”).
ELIGIBILITY: The Sweepstakes is only open to individuals who, at the time of entry, (i) are legal residents of the 50 United States or District of Columbia and (ii) are 18 years of age or older. Corporations and other organizations are not eligible. Employees, officers, directors, agents, representatives, licensees and vendors of Sponsor, their subsidiaries, affiliates and advertising agencies, and their immediate families (spouse, domestic partners, parents, children, siblings and their spouses/domestic partners) and individuals residing in the same household are ineligible. The Sweepstakes is subject to all federal, state and local laws and regulations and is void in Rhode Island, the District of Columbia, outside of the United States, and where prohibited by law. By participating in this Sweepstakes, entrants agree to be bound by these official rules and by the decisions of Sponsor, which are final in all matters relating to the Sweepstakes.
ENTRY: To enter: -Visit Instagram or Twitter and follow the @kennethcoleprd account. -Take a photo of the Holiday Gift Truck, with the Holiday Gift Truck or inside the Holiday Gift Truck in NYC. -Post the photo on Instagram or Twitter with the hashtags #KCGiftTruck #Sweeps and tag the handle @kennethcoleprd.
You must be following Kenneth Cole Productions (@kennethcoleprd) on Instagram or Twitter to be eligible to win. Your photo sharing must be set to “public” in order to win. All entries must be shared during the Sweepstakes Period. You may enter up to one time a day during the Sweepstakes Period, but each photograph must be different. All Entry materials must be consistent with Sponsor’s image and reputation. Any Entry that, in Sponsor's good faith judgment, violates these requirements may be disqualified. Failure to comply with the Official Rules will result in disqualification. Entries become the property of Sponsor and will not be returned or acknowledged. Sponsor is not responsible for printing or typographical errors in any Sweepstakes-related materials, or lost, late, misdirected, incomplete or ineligible entries. By submitting an Entry, you represent and warrant that (a) you are the creator of the Entry, (b) the Entry is your wholly original, previously unpublished work, (c) the Entry does not infringe the intellectual property, privacy or publicity rights or any other legal or moral rights of any third party, (d) the Entry has not previously been entered in any other Sweepstakes, (e) the Entry has not been previously published in any medium, (f) you own all rights to your Entry, (g) the Entry does not use another person’s name, image, likeness, or other identifiable feature without such person’s express written permission for all uses as stated in these Official Rules in a form acceptable to Sponsor, (h) the Entry does not contain any brands, logos or trademarks not permitted to be featured in Sponsor’s promotions and advertising, (i) the Entry cannot contain hateful content of any kind (including, e .g., racism, sexism), content promoting alcohol, illegal drugs, tobacco, firearms, or weapons, or that promotes violence or harm to another; (j) the Entry must not include any content that is obscene, pornographic, libelous or otherwise objectionable, and (k) the Entry cannot violate any applicable federal, state or local laws. If there is a dispute regarding the identity of an entrant, Sponsor will award the prize to the authorized account holder of the Instagram or Twitter account. Entrants agree to be bound by these Official Rules, and by Instagram’s and Twitter’s terms of service.
DRAWINGS/PRIZE/ODDS/NOTIFICATION: One (1) winner will be determined at random on or about December 15, 2014. All decisions of the Sponsor shall be final. Winner must respond with age confirmation and mailing address within one (1) week of receiving notice of win or forfeit the prize. Odds of winning depend on the total number of entries received. Winner will receive a $500 Kenneth Cole gift card. The total estimated retail value of the prize is $500, and Sponsor reserves the right to substitute a prize of equal or greater value. No substitution, cash equivalent or transfer of prize shall be permitted except at the sole discretion of Sponsor. Disqualification and the selection of an alternate winner by Sponsor judges will result from: (1) failure of a potential winner to execute, notarize and return an Affidavit of Eligibility/Price Acceptance/Liability and Publicity Release as applicable within seven (7) days of notification; (2) the return of a notification or prize as undeliverable; or (3) any other non-compliance with the Rules. Winning is contingent upon fulfilment of all requirements. Each winner is responsible for payment of taxes, if any, on the prize and for any other costs, fees or expenses relating to the use of the prize not specified. Acceptance of the prize constitutes consent to use the winner’s name and likeness for editorial, advertising and publicity purposes.
LIABILITY: Sponsor is not responsible or liable for incorrect or inaccurate information, whether caused by a participant, equipment or programming utilized in the Sweepstakes or technical or human error in processing submissions. Sponsor disclaims responsibility or liability for: (i) the accuracy, availability or timeliness of information published about the Sweepstakes; (ii) any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or authorized access to, or alteration of entries: (iii) late, lost, delayed, damaged, misdirected, incomplete, illegible or unintelligible entries; (iv) any injuries, losses or damages of any kind caused by a prize or resulting from acceptance, possession, use or misuse of a prize or from participation in the Sweepstakes; (v) printing or typographical errors in Sweepstakes materials; or (vi) problems or technical malfunctions of telephone networks or lines, computer online systems, servers or providers, computer equipment, software, Internet congestion. If, for any reason, the Sweepstakes is not capable of running as planned, including by reason of infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures or any other causes beyond the control of Sponsor, which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Sweepstakes, Sponsor may cancel, terminate, modify or suspend the Sweepstakes.
RELEASE: By participating in the Sweepstakes, each participant releases and agrees to hold harmless Sponsor, Instagram and Twitter and their subsidiaries, affiliates, directors, officers, employees and agents from liability for claims, costs, injuries, losses or damages arising out of or in connection with the Sweepstakes or acceptance, possession or use of the prize (including, without limitation, related to personal injury, death, damage to or destruction of property, rights of publicity or privacy, defamation or portrayal in a false light, whether intentional or unintentional), whether under a theory of contract, tort, warranty or other theory. Sponsor expressly disclaims any responsibility or liability for injury or loss to any person or property relating to the delivery or use oEach participant agrees to be bound by these Rules and Sponsor’s decisions, which are final and binding in all respects. All entries, and all rights to use, reproduce, publish, modify and distribute such entries become the exclusive property of Sponsor and will not be returned. By accepting the prize, the winning participant automatically grants to Sponsor the unconditional right to use his/her name, address (city and state only), likeness, photograph and/or statements about the Sweepstakes for publicity and advertising purposes without further permission or financial compensation, except where prohibited by law. By sharing a photo to Instagram or Twitter with #KCGiftTruck, and #Sweeps and tagging the handle @kennethcoleprd, to the extent permitted under the law, you allow Sponsor to use such photo across its website, emails, and social media channels. Any portion of a prize not accepted by a winner will be forfeited. Sponsor reserves the right, at its sole discretion, to refuse entry or disqualify any individual it finds to be: tampering with the entry process or the operation of the Sweepstakes, acting in violation of these Official Rules, or acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person.
CONDITIONS: Each participant agrees to be bound by these Rules and Sponsor’s decisions, which are final and binding in all respects. All entries, and all rights to use, reproduce, publish, modify and distribute such entries become the exclusive property of Sponsor and will not be returned. By accepting the prize, the winning participant automatically grants to Sponsor the unconditional right to use his/her name, address (city and state only), likeness, photograph and/or statements about the Sweepstakes for publicity and advertising purposes without further permission or financial compensation, except where prohibited by law. By sharing a photo to Instagram or Twitter with #KCGiftTruck, and #Sweeps and tagging the handle @kennethcoleprd, to the extent permitted under the law, you allow Sponsor to use such photo across its website, emails, and social media channels. Any portion of a prize not accepted by a winner will be forfeited. Sponsor reserves the right, at its sole discretion, to refuse entry or disqualify any individual it finds to be: tampering with the entry process or the operation of the Sweepstakes, acting in violation of these Official Rules, or acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. CAUTION: ANY ATTEMPT BY A PARTICIPANT OR OTHER PERSON TO UNDERMINE THE OPERATION OF THE SWEEPSTAKES OR COMMIT ANY OTHER ACT OF FRAUD MAY VIOLATE FEDERAL AND STATE CRIMINAL AND CIVIL LAWS. SPONSORS RESERVE THE RIGHT TO DISQUALIFY ANY SUCH PARTICIPANT AND SEEK DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW.
GENERAL TERMS: The decision of Sponsor is final on all matters pertaining to the Sweepstakes. The Sweepstakes may not be used in connection with any form of gambling. All federal, state and local laws and regulations apply. This Sweepstakes shall be governed by, and construed in accordance with the laws of the State of New York without regard to its principles governing conflicts of law. All participants and their heirs and assigns, consent to the jurisdiction of the federal and state courts in New York County, New York for all legal proceedings relating to this Sweepstakes. Participants agree to use any materials or information procured as part of the Sweepstakes only for Sweepstakes purposes and not for any commercial purpose. Sweepstakes rules are subject to change without notice.
SPONSOR The Sweepstakes is sponsored by Kenneth Cole Productions, Inc., 603 West 50th Street, New York, NY 10019 (“Sponsor”).
WINNERS LIST For a list of winners, send a self-addressed, stamped envelope to: Kenneth Cole #KCGiftTruck Sweepstakes, Kenneth Cole Productions, Inc., 603 W. 50th St., New York, NY 10019. Vermont residents may omit the return postage.
Any questions, comments or complaints regarding this Sweepstakes should be directed to the Sponsor, not Instagram or Twitter. All Instagram logos and trademarks displayed in connection with this Sweepstakes are property of Burn, Inc. All Twitter logos and trademarks displayed in connection with this Sweepstakes are property of Twitter, Inc.
The Sweepstakes is in no way sponsored, endorsed, administered, promoted or associated with Instagram or Twitter.