Beach Essentials Giveaway Official Rules

Posted by on May 7, 2014 in Blog

Giveaway3Contest Name: Tailorbyrd Beach Essentials Giveaway

Tailorbyrd: Tailorbyrd

Tailorbyrd Address: 70 West 40th Street, 5th Floor on Bryant Park, New York, New York

NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN.  PURCHASE DOES NOT INCREASE ODDS OF WINNING. This Contest is open only to individuals (“Entrants”) who are legal residents of the 50 United States and the District of Columbia that are or will be at least 18 years of age at the time of entry. If you are not a permanent resident of the United States or you are not the required age as of time of entry, you are not eligible to participate in this Contest or to win a prize. Void outside participating Tailorbyrd’s Total Market Area (TMA) and where prohibited or restricted by law. Odds of winning depend upon the number of eligible entries received during the Contest Period.

Tailorbyrd, Inc., and affiliated companies will conduct its contests substantially as described in the official contest rules, and by participating, each participant agrees as follows:

The Contest is administered by Tailorbyrd and any questions, comments or complaints regarding the Contest must be directed to the contest administrator. Entrant(s) acknowledges and understands that any information provided will be used for administering the Contest and in accordance with Tailorbryd privacy practices found here.  The Contest sponsor(s), promotional partners and administrator is herein collectively referred to as the Contest Entities.

A.    Dates of Contest:  Contest will begin on May 6th 1 p.m. CST and end May 15th 11:59 p.m. CST (“Contest Period”).

B.    How to Enter:  Register by following @Tailorbyrd on Instagram, regramming the contest photo, tagging @Tailorbyrd and by using the hashtag #tailorbyrdgetaway. Register by following @Tailorbyrd on Twitter, tweeting “dream destination” or retweeting TailorByrd’s contest tweet, user must use hashtag #tailorbyrdgetaway . Deadline for registration on end date of contest. Limit one (1) online entry per user handle per day.  Internet entries will be deemed made by the authorized account holder of the Instagram or Twitter handle submitted at the time of entry. Incomplete and/or multiple entries per day will be disqualified.

All Entries become the property of Tailorbyrd and will not be acknowledged or returned. Use of any device to automate entry is prohibited.  Tailorbyrd is not responsible for entries not received due to difficulty accessing the internet, service outage or delays, computer difficulties and other technological problems. Multiple participants are not permitted to share the same email address.  Should multiple users of the same e-mail account or mobile phone number, as applicable, enter the Contest and a dispute thereafter arise regarding the identity of the entrant, the authorized account holder of said Twitter/Instagram account at the time of entry will be considered the entrant.  “Authorized account holder” is defined as the natural person who is assigned a Twitter/Instagram handle by the respected domains. Proof of submission of an entry shall not be deemed proof of receipt by the website administrator for online entries. When applicable the website administrator’s computer will be deemed the official time keeping device for the Contest promotion.  Contest entries must contain all information requested and must be received on or before the deadline for registration to be deemed valid.

C.    Winner Selection: On or about the end of the contest the will at random select from all eligible entries received before the entry deadline. Tailorbyrd reserves at its sole discretion the right to choose an alternative qualifier in the event that that a qualifier has been disqualified or is deemed ineligible. If the entrant is unable to verify registration information the entrant will automatically be disqualified and their prize will be forfeited. Notification is deemed to have occurred immediately upon contact through Instagram/Twitter and Tailorbyrd may use these outlets to contact the qualifier and/or a potential winner. Tailorbyrd is not responsible for any change of Twitter/Instagram accounts of entrants. The Contest Entities are not responsible for and shall not be liable for late, misdirected or unsuccessful efforts to notify a qualifier or potential winners or for any late, misdirected, or if the qualifier or potential winner is a minor, for late, misdirected, or unsuccessful efforts of the entrant to provide signed parental or guardian consent. If the potential winner does not claim the prize within the appropriate time given upon notification or unless otherwise stated herein, the entrant will automatically be disqualified and their prize will be forfeited, no alternative prize will be substituted. All decisions of Tailorbyrd and/or judges will be final.By participating, you agree (a) to be bound by these Official Rules; (b) as between you and Tailorbyrd, that the decisions of Tailorbyrd is final on all matters relating to the Contest; (c) you are not participating on behalf of any employer or third party; (d) in the event that you do not comply with the rules, then you will be disqualified.

2.       Prize(s).  No more than the advertised number of prizes shall be awarded. The prize is awarded if properly claimed according to the Rules and if there are sufficient eligible entries.  does not make,  and is not responsible in any manner for, any warranties, representations, or guarantees, express or implied, in fact or law, relating to any prizes, regarding the use, value or enjoyment of the prize, including, without limitation, its quality, mechanical condition, merchantability, or fitness for a particular purpose. All other costs and expenses related to prize acceptance and use not specified herein as being provided are the sole responsibility of winner(s). If the winner is disqualified or is found to be ineligible for the contest, Tailorbyrd reserves the right to determine an alternate winner or not to award the prize, at its sole discretion. The prize(s) that may be awarded to the eligible winner(s) are:

Conditions and restrictions may apply. The prize(s) that may be awarded to the eligible winner(s) are not transferable, redeemable for cash or exchangeable for any other prize, except in Tailorbyrd’s sole discretion. Tailorbyrd reserves the right to substitute a prize, in whole or in part, of equal or greater monetary value or may substitute such prize with another prize of equal or greater value, if for any reason a prize, or any portion thereof, as described herein and at the sole discretion of Tailorbyrd. If a winner cannot be contacted or is disqualified for any reason, Tailorbyrd reserves the right to determine an alternate winner or not to award that winner’s prize, in its sole discretion. If actual value of the prize is less than the stated ARV, or the winner and/or if applicable, his/her guest(s) and/or eligible travel companion(s) forfeit, do not use, or are determined ineligible for any portion of the prize, the winner will not receive the difference between the actual and approximate retail value, and such difference will be forfeited. ALL PRIZES ARE AWARDED “AS IS” AND WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE), AND ALL SUCH WARRANTIES ARE HEREBY DISCLAIMED.

3.    Eligibility and Limitations. Unless otherwise stated herein above, participants and winner(s) must be at least 18-years old, as of the date of entry and prize award and is a legal resident of the 50 U.S. or D.C. Participants and winners must reside within the participating Tailorbyrd’s Total Market Area (TMA) as determined by Tailorbyrd. In the event a participant must be at least 18 years old but are not the age of majority in their state of residence, then whichever is older, shall determine the minimum age requirement for eligibility of the entrant, when applicable.  Unless otherwise stated in the Official Contest Rules, only one (1) entry per person per day and only one (1) prize per household for the Contest and for the nine (9) day period. Employees of Tailorbyrd, the Contest’s participating sponsors and their and members of the immediate family of any such persons are not eligible to participate or win. The term “immediate family” includes spouses, siblings, parents, children, grandparents, and grandchildren, whether as “in-laws,” or by current or past marriage(s), remarriage(s), adoption, co-habitation or other family extension, and any other persons residing at the same household whether or not related.

4.    Tampering and Delivery Disclaimer.(a) Tailorbyrd, in its sole discretion, reserves the right to disqualify and prohibit from participating any person, who Tailorbyrd determines (in its sole discretion) is or is attempting to: (i) tamper with Tailorbyrd’s Website and/or any part of the Contest; (ii) attempting to undermine the legitimate operation of the Contest by cheating, deception, or other unfair playing practices, (iii) intending to annoy, abuse, threaten or harass any other participants or Tailorbyrd’s Agents; and/or (iv) otherwise violating these Official Rules or the Terms of Use of Tailorbyrd’s Website. (b) ANY ATTEMPT TO DELIBERATELY DAMAGE TAILORBYRD’S WEBSITE (OR ANY PART THEREOF) OR UNDERMINE THE OPERATION OF THIS CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD ANY SUCH ATTEMPT BE MADE, TAILORBYRD AND ITS LICENSEES (IF ANY) RESERVE THE RIGHT TO SEEK DAMAGES AND ANY OTHER AVAILABLE REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR ANY SUCH ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. EACH ENTRANT (OR, IF THE ENTRANT IS NOT OF AGE OF MAJORITY IN HIS/HER STATE OF RESIDENCE, THE LEGAL GUARDIANS THEREOF) AGREES TO INDEMNIFY AND HOLD HARMLESS TAILORBYRD AND ITS AGENTS FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, DAMAGES AND/OR LIABILITIES (INCLUDING REASONABLE ATTORNEYS’ FEES AND EXPENSES) THAT MAY BE ASSERTED AGAINST OR INCURRED BY ANY OF THEM AT ANY TIME, IN CONNECTION WITH THE USE THEREOF, AND/OR BY ENTRANT’S BREACHES OF ANY REPRESENTATION, WARRANTY OR COVENANTS ASSOCIATED WITH THIS CONTEST. If, in Tailorbyrd’s opinion, there is any suspected or actual evidence of fraud, electronic or non-electronic tampering or unauthorized intervention with any portion of this Contest, or if fraud or technical difficulties of any sort (e.g., computer viruses, bugs) compromise the integrity of the Contest, Tailorbyrd reserves the right to void suspect Entry and/or evaluations and/or terminate the Contest and award the Prize in its sole discretion. The use of any automated launching or entry software or any other mechanical or electronic means that permits the participant to automatically enter or evaluate repeatedly is prohibited. In the event of a dispute as to the identity of an entrant based on an email address, the entry in question may be disqualified. For all contests Tailorbyrd disclaims all liability for any delays, misdelivery, loss, or failure in the delivery of any item sent by mail, courier, express, electronic transmission, or other delivery method.  Tailorbyrd is not responsible for mechanical, technical, electronic, communications, telephone, computer, hardware or software errors, malfunctions or failures of any kind, including: failed, incomplete, garbled or delayed transmission of online entries, traffic congestion on telephone lines, the Internet or at any website or lost or unavailable network connections which may limit an online entrant’s ability to participate in the Contest, and any injury or damage to entrant’s or any other person’s computer related to or resulting from participating in or downloading any information necessary to participate in the Contest.   If a contest is a call in to win contest and/or a telephone is needed to participate in the Contest, participants are restricted to the use of ordinary telephone equipment. Participants that enable the “Caller ID” block function will not be allowed to participate unless they enter their correct area code and telephone number if prompted, or disable the features inhibiting their participation in the Contest. Participants using equipment not set up for toll free phone exchanges (800, 888, 877, 866, etc.) may experience call connection problems. Tailorbyrd disclaims all liability for the inability of a participant to complete or continue a telephone call due to equipment malfunction, busy lines, inadvertent disconnections, acts beyond Tailorbyrd’s control, or otherwise. Any entry forms in a register-to-win contest must be handwritten. Photocopies or mechanical reproductions of any entry forms are not permitted. By participating in a contest in which text message-based entry is permitted, entrants acknowledge that text messages are distributed and delivered through third party providers; the s do not guarantee, and shall not be responsible for, the delivery or timeliness of any text message entry.  Not all wireless carries support access to a common short code (CSC). The CSC being used to enter a contest may or may not be compatible with all wireless carriers, and as such, you may not be able to enter through the CSC method of entry. Entrants may use the alternative entry method to ensure registration. The will at all times consider the time that a message is logged as arriving in its system as being the time of entry, regardless of the time at which the entrant attempted to send the entry and any technical problems or other complications that may have delayed its delivery. The through its third party text messaging administrators, will store all messages received on its system, and will send participants reply texts relating to the Contest throughout the Contest Period and up to 60 days.  For help text HELP and to stop, text STOP to the specified program short code and follow the instructions provided at the entry process. Standard text and data rates will apply. The is not responsible for service outages, message failures, transmission delays or any other factor affecting the availability or performance of the text messaging service.  The further reserves the right to cancel, terminate or modify the contest if, in the sole discretion of the , it is impossible or impractical to complete the contest as planned for any reason, including, but not limited to, infection by computer virus, bugs, tampering, unauthorized intervention or technical failures of any sort. The may require, on request, proof of identity as to the rightful owner of the phone number from which the text message entry was sent. The reserves the right, in its sole discretion, to disqualify any entry if that entry’s source and sender cannot be reasonably determined.  In the event of termination of the Contest by Tailorbyrd, Tailorbyrd reserves the right to award any prize(s) in a manner deemed fair and equitable by Tailorbyrd.  In no event will the type and quantity of prizes awarded exceed the number of prizes described in the Contest Official Rules.

5. Publicity; Use of Personal Information.  By participating, where allowed by law, all winner(s) grant Tailorbyrd exclusive permission to use their names, characters, photographs, voices, and likenesses in connection with promotion of this and other contests and waive any claims to royalty, right, or remuneration for such use.  By participating in the Contest, where allowed by law, participants agree that Tailorbyrd may use such information for marketing purposes, and may include the names of winners in a publicly available winners’ list.  For more information about how Tailorbyrd will use information collected in connection with this Contest, please see Tailorbyrd’s privacy policy located here. On occasion participant may have the opportunity to opt-in with carefully selected third parties such as the promotional partners, who may offer you products and services of interest with your expressed consent. In the event that participant has agreed to any available opt in opportunities provided from a third party, that may or may not be associated with this Contest, participant understands and acknowledges that information (including participant’s personally identifiable information) provided will be collected independently by Tailorbyrd (Tailorbyrd) and the third party providing the opt in opportunity and individually be used by both companies subject to the terms of their respective privacy policies. Any available opt-in opportunities are not required to enter the Contest, and consent to opt-in will not improve your chances of winning.
6.    Releases and Conditions. By participating in the Contest, each participant and winner waives any and all claims of liability against Tailorbyrd, its employees and agents, the Contest’s sponsors and their respective employees and agents, for any personal injury or loss which may occur from the conduct of, or participation in, the Contest, or from the award, receipt and/or use or misuse of any prize, including any travel related thereto. As a condition of participating in the Contest, participants agree and acknowledge that in order to receive a prize, participants must sign an official waiver form provided by Tailorbyrd and agree to the terms herein, including but not limited to the prize conditions in this paragraph. The prize is subject to certain terms and conditions as specified herein. Winner and if applicable, winner’s guest must comply with all rules and regulations. Failure to do so may result in forfeiture of prize in its entirety. The prize elements will be awarded as described herein (subject to legal restrictions, etc).  By accepting the prize, Grand Prize Winner must agree to the prize conditions on participation and must sign a release to be eligible to receive a prize and hereby agrees that: (i) that all decisions of Tailorbyrd, judges, and Contest Entities with respect to the Contest are final and binding; (ii) to release Tailorbyrd,  and sponsors and their respective parent companies and affiliates, officers, directors, employees, agents, and licensees from any and all claims in connection with the Contest and the award or use of the prizes; (iii) to allow Tailorbyrd to and sponsors to use their names, Twitter/Intagram handle in any advertising or broadcasting material relating to this contest, without additional financial or other compensation; and (iv) where allowed by law, sign a publicity release confirming such consent prior to acceptance of the prize. The Contest Entities are not responsible or liable to any entrant or winner or any person claiming through such entrant or winner for failure to supply the prize or any part thereof, by reason of any acts of God, any action, regulation, order or request by any governmental or quasi-governmental entity (whether or not the action, regulations, order or request proves to be invalid), equipment failure, threatened terrorist acts, terrorist acts, air raid, blackout, act of public enemy, earthquake, volcanic eruption, war (declared or undeclared), fire, flood, epidemic, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal) labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any other cause beyond the Contest Entities’ sole control.All taxes, related fees, other costs and expenses related to prize acceptance and use not specified herein as being provided are the sole responsibility of prizewinner. Tailorbyrd does not make, and is not responsible in any manner for, any warranties, representations, or guarantees, express or implied, in fact or law, relating to any prizes, regarding the use, value or enjoyment of the prize, including, without limitation, its quality, mechanical condition, or fitness for a particular purpose. Tailorbyrd will have no further obligation to winner.

7.    Taxes.  Any valuation of the prize(s) stated above is based on available information provided to Tailorbyrd, and the value of any prize awarded to a winner may be reported for tax purposes as required by law.  Each winner is solely responsible for reporting and paying any and all applicable taxes related to the prize(s) and paying any expenses associated with any prize(s) which are not specifically provided for in the official rules.  Each winner must provide Tailorbyrd with valid identification and a valid taxpayer identification number or social security number before any prize will be awarded.  Any person winning over $600 in prizes from Tailorbyrd will receive an IRS form 1099 at the end of the calendar year and a copy of such form will be filed with the IRS.

8.    Conduct and Decisions.By participating in the Contest, participants agree to be bound by the decisions of Tailorbyrd personnel.  Persons who violate any rule, gain unfair advantage in participating in the Contest, or obtain winner status using fraudulent means will be disqualified.  Unsportsmanlike, disruptive, annoying, harassing or threatening behavior is prohibited.  Tailorbyrd will interpret these rules and resolve any disputes, conflicting claims or ambiguities concerning the rules or the Contest and Tailorbyrd’s decisions concerning such disputes shall be final.  If the conduct or outcome of the Contest is affected by human error, any mechanical malfunctions or failures of any kind, intentional interference or any event beyond the control of Tailorbyrd, Tailorbyrd reserves the right to terminate this Contest, or make such other decisions regarding the outcome as Tailorbyrd deems appropriate.  If, for any reason, more bona fide winners come forward seeking to claim the Grand Prize, the winner may be selected in a random drawing from among all persons making purportedly valid claims for the Grand Prize. Inclusion in such drawing shall be each entrant’s sole and exclusive remedy under such circumstances. No more than the advertised number of prizes will be awarded. All decisions will be made by Tailorbyrd and are final.  Any reference in these Official Rules or as part of the Contest to Tailorbyrd’s, ’s and/or Sponsor’s “discretion” and/or any exercise of discretion by Sponsor,  or Tailorbyrd shall mean in Tailorbyrd’s, ’s and/or Sponsor’s “sole and unfettered discretion.” Any attempt by an entrant or any other individual to deliberately circumvent, disrupt, damage or undermine the legitimate operation of this Contest is a violation of criminal and civil laws. Should such an attempt be made, Tailorbyrd reserves the right to seek civil and/or criminal prosecution and/or damages from any such person to the fullest extent permitted by law.  Tailorbyrd further reserves the right to: (i) terminate or declare any Contest null and void and rescind any prize, if in its sole judgment, the rules or the integrity of the Contest have been violated or compromised in any way, intentionally or unintentionally by any person whether or not a participant in the Contest; (ii) cancel, terminate or modify the contest if, in the sole discretion of Tailorbyrd, it is impossible or impractical to complete the contest as planned for any reason, including, but not limited to, infection by computer virus, bugs, tampering, unauthorized intervention or technical failures of any sort ; (iii) alter or amend these Contest rules at any time; and (iv) stop or conclude the Contest at any time without prior notice. Material changes to the contest rules will be broadcast on-air, when practical.

9.    Miscellaneous.Void outside the United States, and wherever prohibited or restricted by law.  reserves the right to determine eligibility should special circumstances arise, all decisions are considered final and binding. These rules are designed to be fair and equal to all participants.Odds of winning depend upon the number of eligible entries received during the Contest Period from all participating outlets. Tailorbyrd may substitute prizes, amend the rules, or discontinue the Contest at any time as announced on Twitter/Instagram.  Tailorbyrd disclaims any responsibility to notify participants of any aspect related to the conduct of the Contest.  For a copy of the rules, or where required by law, a list of winners, visit Tailorbyrd blog.  All entries become the property of Tailorbyrd and will not be returned.  As a condition of participating in the Contest, participants agree (and agree to confirm in writing): (a) under no circumstances will entrant be permitted to obtain awards for, and participant hereby waives all rights to claim, punitive, incidental, consequential, or any other damages, other than for actual out-of-pocket expenses; (b) all causes of action arising out of or connected with this Contest, or any prize awarded, shall be resolved individually, without resort to any form of class action; and (c) any and all claims, judgments, and award shall be limited to actual out-of-pocket costs incurred, excluding attorneys’ fees and court costs.  Participation in the Contest constitutes entrant’s full and unconditional agreement to, and acceptance of these Official Rules. Winning a prize is contingent upon entrant’s fulfillment of all requirements set forth herein.

10.    Compliance with Law.  The conduct of the Contest is governed by the applicable laws of the United States of America, which take precedence over any rule to the contrary herein.  (s) shall follow the applicable laws for conducting contests, including notice to the state attorney general or consumer affairs office, posting of a prize bond, furnishing lists of winners, running specific on-air disclaimers, providing specific written information about the Contest, etc. as required by applicable local and state law.