ModCloth™x Hello Kitty® Sweepstakes
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. THIS SWEEPSTAKES IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH INSTAGRAMTM, FACEBOOKTM, NOR TWITTERTM. FAILURE TO COMPLY WITH THESE RULES AND/OR INSTAGRAM RULES, POLICIES AND PROCEDURES WILL VOID AN ENTRY.
The ModClothTMx Hello Kitty Sweepstakes (the "Sweepstakes") begins on January 23rd, 2021 at 09:00:01 am PT and ends on January 27th, 2021 at 11:59:59 pm PT (the "Sweepstakes Period"). Following the Sweepstakes Period, one (1) potential winner will be chosen at random from among eligible entries. Odds of winning depend on the number of eligible entries received.
You (“You” or “Entrant”) agree that, by submitting an entry, you will be bound by these Official Rules and you acknowledge that you meet all the eligibility requirements and other conditions.
Eligibility. This Sweepstakes is open to current legal residents of the 50 United States and the District of Columbia, who are 18 years of age or older at time of entry. Void in Puerto Rico, Guam and any other U.S. territories or possessions or military installations. Employees of Sanrio, Inc., ModCloth and their respective affiliates, agents and their immediate family members and persons living in the same household with them are not eligible to enter or win. VOID WHERE PROHIBITED.
Sponsor. This Sweepstakes is sponsored by Sanrio, Inc. (“Sanrio” or “Sponsor”), 2050 West 190th Street Suite #205, Torrance, CA 90504.
How To Enter. Before entering the Sweepstakes, Entrant’s Instagram account must have their privacy settings set to public. During the Sweepstakes Period, Entrant must (a) follow Hello Kitty (@hellokitty) and Mod Cloth (@modcloth), (b) “like” the sweepstakes photo and (c) tag a friend in the comments. Entrants who complete (a), (b) and (c) will receive one (1) entry to the Sweepstakes. Entrants who share the Sweepstakes post in their Instagram Story will receive one (1) additional entry to the Sweepstakes. To follow @hellokitty on Instagram, visit www.instagram.com/hellokitty and click on the “follow” icon. To follow @modcloth on Instagram, visit www.instagram.com/modcloth and click on the “follow” icon.
PLEASE NOTE that participation in the Sweepstakes requires an Instagram account, which is free, and the Entrant must comply with all terms and conditions of Instagram registration and participation. No purchase or payment is necessary to join Instagram. Please note that an Instagram account is not controlled by and cannot be controlled or guaranteed by Sponsor. Entrant must be following Sponsor’s Instagram account to receive a direct message from Sponsor should their entry be selected as a possible winner. Posting on Instagram requires a mobile device and therefore message and data rates may apply. Check with your carrier for additional details.
Limit. Two (2) entries per Instagram account per natural person. More than two (2) entries by a single Entrant will be disqualified. Entrant’s Sweepstake entry/entries will be determined as received according to Sponsor’s time clock. No entries will be accepted except by the means outlined above. Use of multiple Instagram accounts or of a false email account will disqualify Entry upon discovery by Sponsor. The use of scripts or any automated system to enter is strictly prohibited. Sponsor, in their sole discretion, reserves the right to disqualify any person who tampers with the entry process or the operation of Sponsor’s Instagram webpages or other websites, or who otherwise violates these rules.
Comment Guidelines and Rights Granted. To qualify for a Sweepstakes entry, any comment (“Comment”) posted to Sponsor’s Instagram page must comply with the following terms and conditions:
- The Comment must not contain material that violates, misappropriates, or infringes upon any law or regulation or the rights of any third party, including any copyright, trademark, or any rights of publicity or privacy, or any other intellectual property or proprietary rights;
- The Comment must not disparage any person or entity;
- The Comment must not contain material that is inappropriate, indecent, obscene, hateful, tortious, and/or defamatory;
- The Comment must not contain profanity, sexual content, material promoting alcohol, tobacco, illegal drugs or firearms, or 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; and
- The Comment must not contain material that is unlawful, in violation of or contrary to the laws or regulations in any jurisdiction where the Comment is created.
Rights Granted to Sponsor: By posting a Comment, Entrant grants to Sponsor (and Sponsor’s licensees and assigns) a royalty-free, irrevocable, perpetual, non-exclusive license to use, reproduce, modify, publish, create derivative works from, and display such Comment in whole or in part, and otherwise exploit the Comment including, but not limited to, entertainment, promotional, advertising and/or marketing purposes in connection with this Sweepstakes, including by re-posting on Sponsor’s website, and social media pages. If necessary, Entrant will sign any necessary documentation that may be required for Sponsor or its designees to make use of the non-exclusive rights Entrant is granting to use the Comment. All Comments may be initially screened by Sponsor to ensure compliance with the requirements. Any Comment, or portion thereof that is, in Sponsor’s sole discretion, obscene, profane, lewd, defamatory, contains any third party materials, or otherwise violates or infringes (or may infringe) any copyright, trademark, or other proprietary right of any person living or deceased (including but not limited to rights of privacy or publicity or portrayal in a false light) or entity, or is otherwise objectionable or not in the spirit of the Sweepstakes, will not be considered and may disqualify the Entrant from making a Sweepstakes entry. Entrant may not copy or otherwise plagiarize the Comment from any source. Incomplete or unintelligible Comment(s) will be disqualified. Sponsor reserves the right to determine in their sole discretion which Comment(s) have satisfied the requirements. In the event of a third-party claim alleging infringement or violation of rights by the Comment, Sponsor may, at their sole discretion, prevent the Comment from the being displayed on Sponsor’s Instagram page and disqualify the Entrant from the Sweepstakes.
Prizes. As set forth below, Sponsor will select one (1) potential winner based on a random drawing selected from all eligible entries received on Sponsor’s Instagram account. Subject to compliance with these Official Rules, the confirmed Winner will receive one (1) $400 ModCloth E-Gift Card (“Prize”). Prize Value: $400.00 USD; The Total Sweepstakes Value is $400.00. The prize will be redeemable on ModCloth.com. Prize redemption and purchases are subject to modcloth.com Terms of Service and store policies, including shipping policies. Winner is responsible for any other costs incurred beyond the value of the Prize. The Prize is non-refundable and non-transferable, cannot be combined with any other special offer or promotion and must be accepted as awarded. Sponsor is not responsible for replacing the Prize if lost, stolen, mutilated or is otherwise rendered unusable due to any act or omission of prize winner or other third party. Prize may not be exchanged for cash value or substituted, except that Sponsor reserves the right in their sole discretion to substitute with either the cash value of the Prize, or a prize/ prizes of equal or greater value. Applicable federal, state, or local taxes and any other costs or expenses associated with the Prize or the use thereof are the sole responsibility of the winner. The Prize will be awarded and will be delivered to the confirmed winner’s valid email address. No more than the stated number of prizes will be awarded.
Drawings. A total of one (1) potential winner will be determined by random drawing on or about January 28th, 2021. One (1) random drawing will made by Sponsor or it’s designee from all eligible entries collected on Sponsor’s Instagram Account. Random drawing made by Sponsor or its designee, will be final and binding. The potential winner will be notified by a direct message via the Entrant’s Instagram account. Entrants must be following Sponsor’s Instagram account to receive a direct message from Sponsor should their Entry be selected as a possible winner. If the potential winner does not respond within 48 hours of the date of the prize notification, fails to comply with the instructions contained in the prize notification within that time period, is ineligible for the Prize, or refuses to accept the Prize, Sponsor reserves the right to randomly choose an alternate potential winner from the pool of remaining eligible entries. Return of any prize notification as undeliverable will result in disqualification and selection of an alternate potential winner. In the event of a dispute concerning the identity of the person submitting an entry online, the Entry will be deemed to be submitted by the person in whose name the Instagram account is held. Potential winner may be required to provide a driver's license and/or other evidence of identity in connection with claiming the Prize. Potential winner may be required to complete and sign an Affidavit of Eligibility, Compliance with Rules, and Liability Release and, except where prohibited, a Publicity Release in the form provided by Sponsor, to claim prize. An Entrant is not a winner unless and until the Entrant's eligibility and has been verified and Entrant has complied with all Sweepstakes requirements. All Prizes will be awarded.
Odds of Winning. Odds of winning depend on the number of eligible entries received.
General Conditions for Sweepstakes.
Use of a false email account or other inaccurate entry information will disqualify an Entry (Sweepstakes) upon discovery by Sponsor. ANY ATTEMPT TO DELIBERATELY DAMAGE SPONSOR’S WEBPAGES OR TO UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BY A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO DISQUALIFY AND SEEK DAMAGES OR OTHER REMEDIES FROM YOU TO THE FULL EXTENT ALLOWED BY LAW. Sponsor further reserves the right at its sole discretion to disqualify any individual who tampers or attempts to tamper with the entry process or the operation of the Sweepstakes; violates these Official Rules; or acts in an unsportsmanlike or disruptive manner at any time during the Sweepstakes, or with the intent to annoy, abuse, threaten or harass any other person, and to seek damages or other remedies to the full extent allowed by law.
Entrants acknowledge that the Sponsor, ModCloth, Facebook, Inc., Twitter, Inc. and Instagram, LLC. and each of their parents, subsidiaries, affiliates, partners, licensees, distributors, dealers and employees of all such companies (collectively “the Released Entities”) do not make, nor are in any manner responsible for any warranty, representations, express or implied, in fact or in law, relating to the quality, conditions, fitness or merchantability of any aspect of the Sweepstakes or any Prizes. All prizes are awarded AS IS. All Entrants acknowledge that the Released Entities are not responsible for and shall not be liable for: (i) Entries that are lost, misdirected, unintelligible, corrupted, incomplete, late, or otherwise not in compliance with these rules; (ii) any act, failure to act, delay, or error relating to the transmitting or processing of entries; (iii) telecommunications network, phone system, computer system, hardware, or software malfunctions, failure, disconnection, data loss, or other difficulties of any kind, including any injury or damage to an Entrant’s or other person’s computer related to or resulting from participating in the Sweepstakes, or accessing or downloading materials relating to the Sweepstakes; (iv) any conditions caused by events beyond the control of the Released Entities that may cause the Sweepstakes to be disrupted or corrupted; (v) any losses, injuries, or damages of any kind resulting directly or indirectly from participation in the Sweepstakes and/or acceptance, use, or misuse of any prize awarded in the Sweepstakes or any prize-related activity; or (vi) any printing or typographical errors in any materials relating to the Sweepstakes.
BY PARTICIPATING IN THIS SWEEPSTAKES, ENTRANT AGREES TO RELEASE, INDEMNIFY, DEFEND AND HOLD HARMLESS THE RELEASED ENTITIES FROM AND AGAINST ANY AND ALL THIRD PARTY CLAIMS, ACTIONS OR PROCEEDINGS OF ANY KIND AND FROM ANY AND ALL LIABILITY, LOSSES, DAMAGES, COSTS AND EXPENSES, RIGHTS, CLAIMS, AND ACTIONS OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH (A) YOUR PARTICIPATION IN THIS SWEEPSTAKES, (B) ANY BREACH OR ALLEGED BREACH BY THE ENTRANT OF ANY OF THE WARRANTIES, REPRESENTATIONS, AGREEMENTS, REQUIREMENTS, OR TERMS OF THESE OFFICIAL RULES, (C) CREATION OR DISTRIBUTION OF YOUR PHOTO, IN WHOLE OR IN PART, OR (D) ACCEPTANCE, POSSESSION, OR USE/MISUSE OF ANY PRIZE OR PRIZE-RELATED ACTIVITY, INCLUDING WITHOUT LIMITATION, PERSONAL INJURIES, DEATH, PROPERTY DAMAGES, DEFAMATION, INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, AND CLAIMS BASED ON THE RIGHTS OF PUBLICITY AND PRIVACY.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE ANY AND ALL RIGHTS UNDER SECTION 1542 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
AS A CONDITION OF ENTERING THE SWEEPSTAKES, ENTRANT AGREES THAT: (I) UNDER NO CIRCUMSTANCE WILL ENTRANT BE PERMITTED TO OBTAIN AWARDS FOR, AND ENTRANT HEREBY WAIVES ALL RIGHTS TO CLAIM, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR ANY OTHER DAMAGES, OTHER THAN FOR OUT-OF-POCKET EXPENSES; (II) ALL CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS SWEEPSTAKES, OR ANY PRIZE AWARDED, SHALL BE RESOLVED INDIVIDUALLY -- WITHOUT RESORT TO ANY FORM OF CLASS ACTION -- BY BINDING ARBITRATION BEFORE A SINGLE NEUTRAL ARBITRATOR SELECTED BY AND IN ACCORDANCE WITH THE EXPEDITED RULES OF THE AMERICAN ARBITRATION ASSOCIATION (AAA), WHICH MAY BE FOUND ON AAA’S WEBSITE AVAILABLE AT https://www.adr.org/sites/default/files/Consumer-Rules-Web.pdf . IF AAA IS NOT AVAILABLE FOR ANY REASON OR REFUSES TO ADMINISTER THE ARBITRATION, THE PARTIES SHALL MUTUALLY AGREE TO SELECT AN ARBITRATOR UNDER THE RULES OF ANOTHER ALTERNATIVE DISPUTE RESOLUTION PROVIDER; (III) AT ENTRANT’S REQUEST, SPONSOR WILL ADVANCE THE COST OF THE INITIAL FEES ASSOCIATED WITH ARBITRATION, PENDING THE ARBITRATOR’S DETERMINATION OF ENTRANT’S ABILITY TO PAY AND THE APPROPRIATE DISTRIBUTION OF FEES; (IV) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS INCURRED, BUT IN NO EVENT SHALL SUCH CLAIMS, JUDGMENTS OR AWARDS INCLUDE ATTORNEYS' FEES; (V) ANY ARBITRATION UNDER THIS ARBITRATION CLAUSE SHALL BE GOVERNED BY THE FEDERAL ARBITRATION ACT (9 U.S.C. 1 ET. SEQ.), AND NOT BY ANY STATE LAW CONCERNING ARBITRATION, EXCLUSIVE OF ANY CONFLICT OR CHOICE OF LAW RULES. THE ARBITRATOR SHALL APPLY THE SUBSTANTIVE LAWS OF THE STATE OF CALIFORNIA IN RENDERING AN AWARD; (VI) THE PARTIES CONSENT TO EXCLUSIVE PERSONAL JURISDICTION IN CALIFORNIA; (VII) ANY AWARD RENDERED BY THE ARBITRATOR MAY BE CONFIRMED AS A JUDGMENT IN ANY FEDERAL DISTRICT COURT WHERE EITHER THE ENTRANT OR SPONSOR RESIDES; AND (VIII) IF ANY PART OF THIS ARBITRATION CLAUSE, OTHER THAN WAIVERS OF CLASS ACTION RIGHTS, IS DEEMED OR FOUND TO BE UNENFORCEABLE FOR ANY REASON, THE REMAINDER SHALL REMAIN ENFORCEABLE. IF A WAIVER OF CLASS ACTION RIGHT IS DEEMED OR FOUND TO BE UNENFORCEABLE FOR ANY REASON IN A CASE IN WHICH CLASS ACTION ALLEGATIONS HAVE BEEN MADE, THE REMAINDER OF THIS ARBITRATION CLAUSE SHALL BE UNENFORCEABLE.
No Instagram/Facebook/Twitter Endorsement. The Sweepstakes is in no way sponsored, endorsed or administered by, or associated with Instagram, Facebook or Twitter (collectively “Social Media Sites”). Any information you provide in connection with the Sweepstakes are to Sponsor and/or sponsor’s administrators and not to the Social Media Sites. Please see section below. You understand that by using and interacting with the Social Media Sites, you are subject to the terms, conditions, and policies that govern the use of those sites. You should therefore review the applicable terms and policies for the Social Media Sites, including privacy and data gathering practices, before using or interacting with the Social Media Sites.
Publicity. By participating in this Sweepstakes and/or accepting a prize, Entrant gives permission to Sponsor to use Entrant’s name, username, photograph, voice, biographical information, and likeness, in any and all media, for advertising and promotional purposes, without further compensation or notice, worldwide and in perpetuity, in any and all forms of media, now known and hereafter devised, including without limitation on-line, unless prohibited by law.
Name of Winner. For winner’s name, send a self-addressed, stamped envelope to Sanrio, Inc. 2050 West 190th Street Suite #205, Torrance, CA 90504: Attn: ModCloth x Hello Kitty SS Winner List. All requests must be received within two months after the end of the Sweepstakes. VT residents may omit return postage.
SANRIO and HELLO KITTY are registered trademarks of Sanrio Company, Ltd.
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All third-party trademarks referenced herein are the properties of their respective owners.