KENNETH COLE PROTECTIVE PACKAGE SWEEPSTAKES
NO PURCHASE OR OBLIGATION OF ANY KIND IS NECESSARY TO ENTER OR WIN THE PREMIUM MASK SWEEPSTAKES. A PURCHASE WILL NOT IMPROVE CHANCES OF WINNING. Sweepstakes begins on or about September 14, 2020 at 12:00 PM (EDT) or such other time as designated by Sponsor and ends on or about September 21, 2020 at 12:00 PM (EDT) or such other time as designated by Sponsor (the “Sweepstakes Period”) and is sponsored by Kenneth Cole Productions, Inc., 603 West 50th Street, New York, NY 10019 (“Sponsor”).
ELIGIBILITY: OPEN ONLY TO LEGAL RESIDENTS OF THE 50 UNITED STATES OR DISTRICT OF COLUMBIA WHO ARE 18 YEARS OF AGE OR OLDER AT THE TIME OF ENTRY. 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 (spouses, 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 outside 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.
TO ENTER: There are two (2) ways to enter this Sweepstakes. 1) Photo Submission: To enter the Sweepstakes, you must have an Instagram account and you must be following both Kenneth Cole Productions, Inc. on Instagram @KennethCole (www.instagram.com/kennethcole) and Kenneth Cole on Instagram @KennethColeReal (www.instagram.com/kennethcolereal). There is no fee to create an Instagram account. All Instagram terms and conditions apply. During the Sweepstakes Period, visit Sponsor’s Instagram page at @kennethcole and @kennethcolereal tag two friends in the comments and post your own photo wearing a face mask with the hashtag #WearAFuckingMask, and tag both @kennethcole and @kennethcolereal. One entry per person per Sweepstakes Period. Your Instagram account must be set to “public” in order to be eligible. You can return your account to “private” any time after the winner announcement. Entries on Instagram will only be eligible if they are Instagram Posts; Instagram Stories will not be considered. All entries must be received by 12:00 PM (EDT) at the end of the Sweepstakes Period in order to be eligible. All entries generated by script, macro or other automated means or by any means which subvert the entry process are void. All entries become the property of Sponsor and will not be acknowledged or returned. 2) By Mail: To enter without submitting a photo, send a 3” x 5” card or piece of paper handwritten with your name, address, email address, date of birth and the words #PremiumMaskSweepstakes, in an envelope with proper postage affixed to: KENNETH COLE PREMIUM MASK SWEEPSTAKES, Kenneth Cole Productions, Inc., 603 W. 50th St., New York, NY 10019, ATTN: Marketing Department. Mail-in entries must be received no later than September 3, 2020 be eligible.
Failure to comply with the Official Rules will result in disqualification. Sponsor and Released Parties (defined below) are not responsible for printing or typographical errors in any Sweepstakes-related materials, or lost, late, misdirected, incomplete or ineligible entries. Entrants agree to be bound by these Official Rules.
Entrant represents and warrants that the entry is entrant’s original work product and entrant has all rights and permissions necessary to submit the entry and to grant the rights herein.
- Includes individuals other than the entrant;
- Is sexually explicit or suggestive; unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group; profane or pornographic; contains nudity;
- Promotes alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing); promotes any activities that may appear unsafe or dangerous; promotes any particular political agenda or message;
- Is obscene or offensive; endorses any form of hate or hate group;
- Appears to duplicate any other submitted entry by you or anyone else;
- Defames, misrepresents or contains disparaging remarks about Sponsor or the Released Parties, their products or services, or other people or companies;
- Contains trademarks, logos, or trade dress (such as distinctive packaging or building exteriors/interiors) owned by others, without permission, to the extent permission is necessary;
- Contains copyrighted materials owned by others (including music, photographs, sculptures, paintings, and other works of art or images published on or in websites, television, movies or other media), without permission, to the extent permission is necessary;
- Contains materials embodying the names, likenesses, voices, or other indicia identifying any person (living or dead), such as personal names, e-mail addresses or street addresses, including, without limitation, celebrities and/or other public or private figures, living or dead, without permission, to the extent permission is necessary;
- Communicates messages or images inconsistent with the positive images and/or good will with which Sponsor wishes to associate; and
- Violates any law.
Sponsor reserves the right to disqualify any entry that it determines, in its sole discretion, is not in compliance with these Official Rules and to take down or ask entrant to remove such entry at any time.
LICENSE/USE OF ENTRIES: By submitting an entry, each entrant agrees that Sponsor and its successors, assigns and licensees shall have a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up license to exploit, edit, modify, post, create derivatives work of and distribute the entry and all elements of such entry, together or apart from entrant’s name, user name, city and state of residence, image and/or photograph (including, without limitation, Instagram profile picture), and if a winner, prize won, in any manner, in any and all media now known or hereafter devised, including for advertising and marketing Sponsor’s products and services, worldwide, without compensation or notification to, or permission from, entrant or any third party. Entrant agrees that he/she may be required to sign a document to this effect. Released Parties (defined below) are not responsible for any unauthorized use of entries by third parties. Sponsor has no obligation to make use of the rights granted herein.
DRAWING/ODDS/NOTIFICATION: Five (5) potential winner will be determined at random from among all eligible entries received. All decisions of the Sponsor shall be final. Odds of winning depend on the total number of eligible entries received. Potential winner will be notified on or around September 22, 2020 by Instagram post/direct message and may be required to sign and return a W-9 form and/or an Affidavit of Eligibility and Liability and Publicity Release within the time period stated in that notification. If a potential winner does not respond to the initial notification within the time period stated, the prize or prize notification is returned as undelivered, a potential winner cannot be contacted, or fails to sign and return all required documents within the required time period or is not in compliance with these Official Rules, such potential winner may be disqualified and, at Sponsor’s discretion, the prize may be awarded to an alternate winner.
PRIZES: The winners will be awarded (1) neoprene mask, (1) animal print mask, (1) camo print mask, (1) neck gaiter (1) face mask case, (1) pandemic survival kit and (1) pair of touchscreen gloves. The total estimated aggregate retail value of the prize is $ 166. The prize will be awarded “AS IS” and WITHOUT WARRANTY OF ANY KIND. Sponsor reserves the right to substitute a prize (or portion thereof) of comparable or greater value. No substitution, cash equivalent or transfer of prize permitted except at the sole discretion of Sponsor. 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. All prize details are at Sponsor’s sole discretion. Limit one (1) prize per person.
PUBLICITY GRANT: By participating, each entrant consents to use by Sponsor and its designees of his/her name, city and state of residence, prize information and likeness (including your Instagram profile picture) in advertising and promotional materials in any and all media now or hereafter devised, in any manner, worldwide in perpetuity, without notice, permission or additional compensation, except where prohibited.
LIABILITY: Neither Sponsor nor any of the Released Parties (defined below) are 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. Released Parties disclaim 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, or 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 and, if terminated, at its discretion, determine the winner using all non-suspect, eligible entries received prior to action taken or as otherwise deemed fair and appropriate by Sponsor.
RELEASE: By participating in the Sweepstakes, each participant releases and agrees to hold harmless Kenneth Cole, Sponsor, Instagram and each of their respective parents, subsidiaries, affiliates, and their advertising and promotion agencies and each of their respective directors, officers, employees, shareholders, representatives and agents (collectively, “Released Parties”) 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. Released Parties expressly disclaim any responsibility or liability for injury or loss to any person or property relating to the delivery or use of the prize.
CONDITIONS: Sponsor reserves the right, in 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. SPONSOR RESERVES 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 applicable 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 rules 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. Official Rules are subject to change without notice. This Sweepstakes is in no way sponsored, endorsed, administered by or associated with Instagram. You understand that you are providing your information to Sponsor and not Instagram. If you have any questions about this Sweepstakes, please contact Sponsor and not Instagram.
WINNER LIST: For the name of the winner, send a self-addressed, stamped envelope to: KENNETH COLE PREMIUM MASK SWEEPSTAKES, Kenneth Cole Productions, Inc., 603 W. 50th St., New York, NY 10019, ATTN: Marketing Department, after September 22nd, 2020, but on or before October 22nd, 2020.