STAPLE ‘MAKE A PIGEON’ CONTEST
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. A PAYMENT OR PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED. ODDS OF WINNING DEPEND ON NUMBER OF ELIGIBLE ENTRIES RECEIVED. ENTRY OPEN ONLY TO INDIVIDUALS WHO ARE AT LEAST EIGHTEEN (18) YEARS OF AGE OR THE AGE OF MAJORITY IN THEIR JURISDICTION. VOID WHERE PROHIBITED BY LAW.
THESE OFFICIAL RULES (THE “OFFICIAL RULES”) ARE A LEGALLY BINDING AGREEMENT BY AND BETWEEN YOU AND COLUMBIDAE KIT, LLC (“SPONSOR”) THAT GOVERN ENTRY INTO THE PROMOTION. BY PARTICIPATING IN THIS PROMOTION, YOU AGREE TO ABIDE BY THESE OFFICIAL RULES. FAILURE TO COMPLY WITH THESE TERMS WILL VOID YOUR ENTRY.
This Promotion is in no way sponsored, endorsed or administered by, or associated with, Instagram. By entering, you are providing your information to Sponsor and not to Instagram. To the extent of any conflict between these Official Rules and terms, guidelines or policies of Instagram, these Official Rules will apply.
1. Eligibility: This Promotion is open to any individual who is at least 18 years of age or the age of majority in their place of residence, whichever is greater, as of the commencement of the Entry Period (defined below). Individuals who are employees, officers, representatives, or directors of Sponsor, and its respective parents, subsidiaries, affiliates and advertising and promotion agencies, and the immediate family members (spouses, domestic partners and parents, children and siblings and their spouses or domestic partners, regardless of where they live) or members of the same households (whether related or not) of such individuals are not eligible to win. All applicable federal, state, territorial and local rules apply. Participation 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 the Promotion. Winning a prize is contingent upon fulfilling all requirements set forth herein.
2. Timing: This Promotion begins on May 1, 2020 at 12:01am Eastern Time and ends on May 11, 2020 at 11:59 p.m. Eastern Time (the “EntryPeriod”). Sponsor is the official timekeeper for the Promotion.
3. How to Enter The Promotion: To enter the Promotion, the otherwise eligible entrant must (1) interpret Sponsor’s “Staple Pigeon” logo in a form of graphic, image, drawing, rendering and/or other form of art (the “Work”); and (2) send an email to PigeonContest@StaplePigeon.comduring the Entry Period, attaching your Work and containing all the following information in the e-mail (an “Entry”): (a) your name, (b) your date of birth, (c) your mailing address, (d) your contact phone number, (e) your email address, (f) your shirt size, (g) your shoe size, (h) your Instagram handle (if any), (i) your Twitter name (if any).
The contact information provided in the Entry shall be used by Sponsor to contact the entrant and to secure further contact information to deliver a Prize if awarded to such entrant. All Entries must be received by Sponsor during the Entry Period or they will be void. Entries by any method other than set forth above are void. Late, illegible, incomplete, defaced or corrupt entries will not be accepted. No responsibility can be accepted for lost entries, entries not submitted or not received due to an error by the entrant. Entries must not be sent through agencies or third parties.
4. Your Work. By your entry, (a) you represent and warrant that the Work is original and does not infringe upon or otherwise violate the intellectual property and/or other rights of any person or entity; and (b) you grant Sponsor the perpetual, royalty-free, assignable and sublicensable right to use the Work (in its original form and/or in any form as may be modified by Sponsor) on or in connection with design, manufacture, distribution, sale and/or promotion of any goods or services offered by Sponsor (or otherwise under any of Sponsor’s trademarks, including without limitation the Staple Pigeon® brand).
5. Selection: Sponsor in its sole, absolute and subjective discretion (based on criteria such as creativity, aesthetic appeal, humor, messaging and/or otherwise) shall select eight (8) Works to advance in the Contest. Those eight (8) Works will then be placed into a “bracket style tournament”, with Sponsor having the sole and absolute discretion to determine the order in which Works are placed (for purposes of these Official Rules, the Works so selected are referred to as Work 1, Work 2, Work 3, Work 4, Work 5, Work 6, Work 7 and Work 8). Following such selection by Sponsor, members of the public (voting through Instagram polls) will decide which Works will thereafter advance in the Contest. The tournament shall be conducted in the following rounds (but the following dates are subject to change by Sponsor):
For purposes of the Official Rules, the “First Place Winner” means the winner of round 3, the “Second Place Winner” means the loser of round 3, and the “Third Place Winners” mean each of the losers of round 2. Accordingly, there will be one First Place Winner, one Second Place Winner, and two Third Place Winners.
Each entrant selected as a potential winner must comply with all terms and conditions set forth in these Official Rules, and winning is contingent upon fulfilling all such requirements.
All determinations are final and binding with respect to all matters relating to the Promotion.
6. Winner Notification and Declaration/Affidavit of Eligibility/Tax Forms: Winners will be determined on or about May 23, 2020. Sponsor or its designee shall attempt to contact each potential winner via e-mail and/or via direct message on Instagram, at the account identified in each appliable entrant’s Entry, on or around May 23, 2020. Each potential winner may be required to complete a declaration of eligibility or an affidavit of eligibility (an “Affidavit of Eligibility”) as well as any additional required information, releases or responses, and/or W-9 Forms of the IRS (if required by IRS regulations) or other tax forms prior to the delivery of any Prize.
Each potential Winner must return the fully executed Affidavit of Eligibility and provide all other requested information and documents to Sponsor within three (3) days (i.e. 72 hours) following the date of first attempted notification. Failure to comply with this deadline may result in forfeiture of a Prize and selection of an alternate winner. If any potential winner is found to be ineligible or if any potential winner does not comply with the Official Rules, then the potential winner may also be disqualified and an alternate potential Prize winner will be determined. If a potential winner cannot be contacted within seventy-two (72) hours after the first attempt to contact such potential winner, an alternate entrant may be selected in his or her place from all entries received.
Sponsor will award each tangible Prize to each winner by shipping suchPrize to the winner within approximately thirty (30) days from the selection date to the winner’s postal address as provided to Sponsor. In Sponsor’s sole discretion, Sponsor may award the prize in-person to the Winner at a mutually agreed upon location.
7. Prizes: Prizes (“Prizes”) are as follows: (1) each of the two ThirdPlace Winners will win a Staple® brand toy (namely, Atmos x Staple x Bearbick 400% / 100% Box Set), the ARV of which is $150 each; (2) the Second Place Winner will win a pair of men’s sneakers (namely, Nike SB Panda Pigeon Dunk in Limited Edition Bamboo Box; size subject to availability), the ARV of which is $200; and (3) the First Place Winner will receive Royalties as provided for below. For purposes of the foregoing, Sponsor will make commercially reasonable efforts to manufacture and sell one or more shirts or other products bearing the Work submitted by the First Place Winner, and Sponsor will pay the First Place Winner royalties (“Royalties”) equal to twenty percent (20%) of the net sales of such products (the definition of “net sales” to be determined in Company’s good-faith discretion consistent with its typical accounting practices, and with Company’s good-faith calculation of royalties to be conclusively binding for all purposes). Payments of Royalties to the First Place Winner will be made thirty days after each calendar quarter in which any such products were sold. Sponsor makes no representations concerning projected or actual sales volumes and/or the value of Royalties payable hereunder, as the amount of Royalties will be a function of future sales.
Awarding of each Prize is subject to verification of eligibility and compliance with these Official Rules. The odds of winning a Prize depend on the number of entries received.
The Prizes and the redemption thereof are subject to terms and conditions specified by Sponsor. The Prizes are awarded “as is” with no warranty or guarantee, either express or implied. Prize cannot be transferred, substituted or redeemed for cash, or used in conjunction with any other competition or offer. Sponsor reserves the right, in its sole discretion, to substitute and/or modify a Prize with a prize of comparable or greater retail value, at its sole discretion. Only one (1) Prize is permitted per person and per family or household. All taxes on Prize and all costs and expenses related to acceptance and use of anyPrize not specified in these Official Rules as being provided are the sole responsibility of winner. P.O. Boxes will not be accepted. If any mail is returned as undeliverable without a forwarding address, then the Prize may be forfeited and an alternate winner may be selected at Sponsor’s discretion. All Prize details are at Sponsor’s sole discretion.
8. Grant of Publicity: To the greatest extent permitted by law, by participating in this Promotion, you agree to permit Sponsor and its agents and designees to use your Entry, name, city and state/hometown address, voice, statement, image and/or other likeness for advertising, publicity and promotional purposes, in any manner, in any and all media, now or hereafter developed, including, but not limited to, within Sponsor’s website and on Sponsor’s social media pages, in perpetuity, worldwide without further consideration or permission from, or notification to, you, and you further agree to execute any specific consent needed or requested by Sponsor or its designees in furtherance of such use.
9. General Conditions: By participating in this Promotion, you agree: (a) to be legally bound by these Official Rules and decisions of Sponsor, which shall be final and binding in all respects relating to the Promotion; and (b) to release, waive, discharge, indemnify, defend and hold harmless Sponsor, Instagram, and their respective parents, affiliates, subsidiaries, licensees and advertising and promotion agencies and all of their respective officers, directors, shareholders, partnership, members, principals, employees, agents, contractors, customers and suppliers(collectively, “Released Parties”) from any and all injuries, liability, losses and damages of any kind arising out of or related to the participation in the Promotion or the acceptance, use or misuse of aPrize including, without limitation, personal injury, death and property damage, and claims based on publicity rights, copyright, trademark, defamation or invasion of privacy. In the event of a dispute regarding the identity of the person submitting an Entry, the Entry will be deemed to be submitted by the natural person that is first named in the Entry, as determined by Sponsor. If the identity of the person submitting an Entry cannot be resolved to Sponsor’s satisfaction, the affected Entry will be deemed ineligible.
By entering the Promotion, you represent and warrant as follows: (a)the Entry is your own for you to win a Prize; (b) the Entry does not contain any false information; and (c) you only submitted one (1) Entry. Sponsor reserves the right to disqualify (and refuse to accept or remove) any Entry that Sponsor, in its sole discretion, deems to violate these Official Rules. Released Parties are not responsible for and shall not be liable for: (a) electronic, hardware or software program, network, Internet or computer malfunctions, failures, or difficulties of any kind, including without limitation, server malfunction or by any human error which may occur in the processing of entries or votes; (b) failed, incomplete, garbled or delayed computer transmissions; late, lost, inaccurate, delayed, stolen, garbled, misdirected, illegible, or incomplete entries or for other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Promotion, including, without limitation, errors or difficulties which may occur in connection with the administration of the Promotion, the processing of entries, the announcement of the potential Prize winner; or any condition caused by events that may cause the Promotion to be disrupted or corrupted. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by you or any other individuals, tampering, hacking, or by any equipment or programming associated with or utilized in the Promotion. Released Parties are not responsible for injury or damage to any person or their property related to or resulting from participating in this Promotion or otherwise receiving a Prize. Persons who tamper with or abuse any aspect of the Promotion, who act in an unsportsmanlike or disruptive manner, or who are otherwise in violation of these Official Rules, as solely determined by Sponsor, will be disqualified and all associated entries will be void. Sponsor reserves the right, to the extent permissible under law, in its sole discretion, to cancel, terminate, modify or suspend the Promotion or any portion thereof should viruses, bugs or other causes corrupt the administration, security or proper play of the Promotion, and limit Entries to those submitted prior to the action taken, or to proceed in such a manner as may be deemed fair and equitable by Sponsor in its sole discretion and, if terminated, to award the Prizes from all non-suspect, eligible Entries received prior to such action or as otherwise deemed fair and appropriate by Sponsor. These Official Rules cannot be modified or amended in any way except in a written document issued in accordance with law by a duly authorized representative of Sponsor. The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
Except where prohibited, entrant agrees that: (1) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred in entering this Promotion, and in no event will entrant be entitled to obtain attorneys’ fees or other legal costs; and (2) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, special, punitive, incidental and consequential damages and any other damages, except as expressly provided above, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.
10. Governing Law/Jurisdiction: The Promotion and these Official Rules, including, but not limited to, all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of you, other entrants, the potential winner, winner, the Sponsor, shall be exclusively governed by and construed in accordance with the laws of the State of New York, U.S.A. without giving effect to any choice of law or conflict of law rules (whether of the State of New York or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York. Any and all disputes, claims and causes of action arising out of or connected with this Promotion or any prize awarded or not awarded shall be resolved individually, without resort to any form of class action, and exclusively by the Courts located in New York County, New York.
11. Sponsor: Columbidae Kit, LLC, 31 West 34th Street, New York, NY 10001
12. Winner’s List/Official Rules: To obtain any legally-required winner’s list (after the conclusion of the Promotion) or a copy of these Official Rules, send a written request, enclosed with a self-addressed envelope with the proper postage affixed, to: Columbidae Kit, LLC, 31 West 34th Street, New York, NY 10001, Attn: Contest Department (VT residents may omit return postage). The request must be received within six months after the Winner for the Promotion is chosen.
This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with Instagram. You understand that you are providing your information to Sponsor. If you have any questions about this Sweepstakes, please contact Sponsor.