Joy Is Holiday Surprise & Delight Terms & Conditions

JOY IS HOLIDAY SURPRISE & DELIGHT – TERMS & CONDITIONS NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. THIS SWEEPSTAKES IS IN NO WAY SPONSORED, ENDORSED, OR ADMINISTERED BY, OR ASSOCIATED WITH INSTAGRAM OR FACEBOOK.
  1. Eligibility: The Joy Is Holiday Surprise & Delight (the “Sweepstakes”) is open to legal residents of the 50 United States and the District of Columbia who are 18 years of age or older at the time of entry (except Alabama, Delaware, and Nebraska, 19, and Mississippi, 21). Employees of The Rockport Company, LLC, and their parent and affiliate companies, (“Promotion Entities”) as well as the immediate family (spouse, parents, siblings and children) and household members of each such employee are not eligible. The Sweepstakes is subject to all applicable federal, state and local laws and regulations and is void where prohibited by law.
  1. Sponsor: The Rockport Company, LLC, 1220 Washington Street, West Newton, MA 02465
  1. Agreement to Official Rules: Participation in the Sweepstakes constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor’s decisions, which are final and binding in all matters related to this Sweepstakes. Winning a prize is contingent upon fulfilling all requirements set forth herein.
  1. Timing: The Sweepstakes begins on Friday, December 15, 2017, and ends on Sunday, December 17, 2017 at 11:59PM ET (the “Sweepstakes Period”). Winner to be announced Monday, December 18, 2017.
Sponsor’s computer is the official time-keeping device for this Sweepstakes.
  1. ODDS: Many will enter, only 2 will win per Sweepstakes Period. The odds of winning depend upon the number of eligible entries received. Sponsor cannot accurately predict the number of entrants who will participate in the Sweepstakes.
  1. How to Enter: For Sweepstakes Period, the Sponsor will post a photo on its Instagram channel calling out the Sweepstakes. Entrants must (a) like the photo (by double-tapping or selecting the “heart”), (b) comment on the picture (by posting below the photo in the comment section), (c) tag a friend (1) with whom they would like to share the prize (by @-ing below in the comment section), and (d) follow @Rockport on Instagram.
During the Sweepstakes Period, access the Instagram application on your mobile device (“Device”). If you do not have the Instagram App, you may download it through the application store on your device. The Instagram App is free; however, data rates may apply to use the App. Instagram’s Terms of Use apply: http://instagram.com/legal/terms/. You must meet all the guidelines and restrictions in these Official Rules to be eligible for a prize. For us to contact you and for you to redeem your prize, your Instagram settings must be set to “public.” If you enter this Sweepstakes using a Device, your wireless service provider’s data rates apply. Entrants should consult their wireless service provider’s pricing plan for details. You agree to incur any charges demanded by your wireless carrier. Entrants should check their Device’s features for capabilities and check the Device manual for specific use instructions. By participating in this Sweepstakes, you agree to be bound by the Guidelines (as set forth below) and that Sponsor may disqualify you from the Sweepstakes, in its sole discretion, if your entry does not comply with the Guidelines or is otherwise not in compliance with these Official Rules.
  1. Guidelines: You must follow the @Rockport profile on Instagram. You must like the image within the designated Sweepstakes time frame entry into the giveaway as described under “How to Enter.” You must comment on the picture in the comments section below the photo. You must tag (@) a friend (1) in the comments section below the photo.
Sponsor is not responsible for lost, late, incomplete, invalid, un-intelligible or misdirected likes, which are disqualified in Sponsor’s sole discretion. In the event of a dispute as to the owner of any account, the authorized account holder of the email address used to register for that Account will be deemed to be the entrant and he/she must comply with these Official Rules. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider, or other organization responsible for assigning email addresses for the domain associated with the submitted address. Each entrant may be required to show proof of being authorized account holder.
  1. Selection of Winners: In the event there are not enough eligible entries, not all prizes will be awarded. Sponsor reserves the right to disqualify any potential winner if, in its sole discretion, it finds content on his or her social media pages to be inconsistent with the brand’s image.
  1. Winner Requirements: Sponsor will notify the potential prize winner(s) via a comment from @Rockport on the original Instagram Sweepstakes post on the date listed in Section 4 (Monday, December 18, 2017). It will be followed up with a direct message to each potential winner, who will be required to take the specified steps provided in the message within 1 week of receiving the win notification. The potential winner will need to provide a written affirmation and warranty of ownership of the account and rights to use likenesses within 7 days of notification. In addition, each winner‘s friend (whom they tagged in the comment section below the photo using @ as mentioned in Section 5), will also be notified via a comment from @Rockport as a prize recipient. The winner’s friend with whom they chose to “share the joy” will be notified that their information was provided on the original sweepstakes entry post. The second prize recipient must also agree to these Official Rules. If a potential winner of any prize cannot be contacted, fails to respond with the requested contact information within the required time period, fails to provide the required documentation/assurances, or does not comply with these Official Rules, the potential winner will be disqualified and forfeits the prize. If a prize is forfeited or returned as undeliverable, Sponsor may award the applicable prize to a runner-up from the applicable Sweepstakes Period, up to 2 alternates, after which the applicable prize will remain un-awarded. Acceptance of any prize shall constitute and signify winner’s agreement and consent that Sponsor and its designees may use the winner’s name, city, state, and/or prize information in connection with the Sweepstakes for promotional, advertising or other purposes, in any manner, worldwide, in any and all media now known or hereafter devised, including the Internet, without limitation and without further payment, notification, permission or other consideration, except where prohibited by law. Sponsor shall not incur any liability whatsoever to the extent Sponsor chooses to refrain from any exploitation of its rights here under. Winner will indemnify Sponsor, Released Parties (as defined in Section 12 below) and any licensee of Sponsor against all claims, damages, liabilities, and expenses (including reasonable counsel fees and legal expenses) arising out of any breach of these terms. Prizes will be awarded 2 – 4 weeks after winners are identified and have responded in accordance with this Section 8.
  1. Prizes: 2 Prize Winners, 4 Prizes total. Prizes are awarded “as is” with no warranty or guarantee, either express or implied. No substitution, exchange or transfer of prize by any winner. Prizes cannot be redeemed for cash. Sponsor reserves the right to substitute any prize for one of comparable or greater value, at its sole discretion. Each prize winner is responsible for all taxes and fees associated with prize receipt and/or use. One prize will be awarded to the winner of the Sweepstakes and the friend whom they tagged in the comment section below the photo (mentioned in Section 5). Limit: Two (2) prizes (which includes the prize to be shared with a friend) per person.
  1. Publicity: Except where prohibited, participation in the Sweepstakes constitutes entrant’s consent for the Sponsor and each of its designees to use entrant’s name, prize information, city and state of residence for advertising, promotional and other purposes, in any manner, in any and all media, now or hereafter devised, worldwide in perpetuity, without further consideration, notification or permission.
  1. General Conditions: If for any reason, the Sweepstakes is not capable of running as planned by reason of infection by virus, bugs, worms, tampering, unauthorized intervention, fraud, technical failures, or any other causes which, in the sole opinion of the Sponsor, may corrupt or affect the administration, operation, security, fairness, integrity or proper conduct of this Sweepstakes, Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Sweepstakes (or any portion thereof), and select the winners.
  1. Release and Limitations of Liability: EXCEPT WHERE PROHIBITED, BY PARTICIPATING IN THE SWEEPSTAKES, ENTRANT AGREES TO RELEASE AND HOLD HARMLESS THE PROMOTION ENTITIES, INSTAGRAM, INC., FACEBOOK, INC., TWITTER, INC., GOOGLE INC., AND THEIR RESPECTIVE RELATED COMPANIES, PARENTS, SUBSIDIARIES, AFFILIATES, AND THEIR RESPECTIVE AGENTS AND AGENCIES, PROMOTIONAL PARTNERS, PRIZE PARTNERS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS (COLLECTIVELY, THE “RELEASED PARTIES”) FROM AND AGAINST ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF PARTICIPATION IN THE SWEEPSTAKES OR USE OF THE PRIZE, INCLUDING, BUT NOT LIMITED TO: (A) UNAUTHORIZED HUMAN INTERVENTION IN THE SWEEPSTAKES; (B) TECHNICAL ERRORS RELATED TO COMPUTERS, SERVERS, PROVIDERS, OR TELEPHONE OR NETWORK LINES; (C) PRINTING ERRORS; (D) ERRORS IN THE ADMINISTRATION OF THE SWEEPSTAKES OR THE PROCESSING OR JUDGING OF PHOTOS; (E) LATE, LOST, STOLEN, ILLEGIBLE, INACCURATE, DELAYED, MISDIRECTED OR UNDELIVERABLE PHOTOS, POSTS, MAIL; OR (F) INJURY OR DAMAGE TO PERSONS OR PROPERTY WHICH MAY BE CAUSED, DIRECTLY OR INDIRECTLY, IN WHOLE OR IN PART, FROM ENTRANT’S PARTICIPATION IN THE SWEEPSTAKES. ENTRANT FURTHER AGREES THAT IN ANY CAUSE OF ACTION, THE RELEASED PARTIES’ LIABILITY WILL BE LIMITED TO THE COST OF ENTERING AND PARTICIPATING IN THE SWEEPSTAKES AND IN NO EVENT SHALL THE RELEASED PARTIES BE LIABLE FOR ATTORNEY’S FEES. ENTRANT WAIVES THE RIGHT TO CLAIM ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, PUNITIVE, CONSEQUENTIAL, DIRECT, OR INDIRECT DAMAGES.
  1. Governing Law: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrants and the Promotion Entities in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the United States, the Commonwealth of Massachusetts, without giving effect to any choice of law or conflict of law rules or provisions. Entrant agrees that: (a) any and all disputes, claims, and causes of action arising out of, or connected with, this Sweepstakes or any prizes awarded, shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the District of Massachusetts or the appropriate Massachusetts state court; (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs, but in no event including attorneys’ fees, disbursements or court costs; and (c) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, punitive, incidental and consequential damages, and any other damages, other than for actual out-of-pocket costs.
  1. Winners List: To find out the name of the winner, please send a self-addressed stamped envelope to The Rockport Company, LLC, 1220 Washington Street, West Newton, MA 02465, ATTN: Marketing Joy Is Holiday Surprise & Delight.