Instagram Gus Modern and Pendleton® Chair Giveaway Sweepstakes
VOID WHERE PROHIBITED BY LAW.
The “Instagram Gus Modern and Pendleton® Chair Giveaway Sweepstakes” (the “Sweepstakes”) is one of chance. By entering, you have a chance to win a Gus* x Pendleton Elk Chair. NO PURCHASE IS NECESSARY FOR ENTRY.
You agree that by submitting an entry you are bound by these rules and that you satisfy all Sweepstakes eligibility requirements. The Sweepstakes is jointly sponsored by Pendleton Woolen Mills, Inc. ("Pendleton"), 220 NW Broadway, Portland, Oregon, 97209 and Gus Design Group Inc. ("Gus"), 223 Evans Avenue, Toronto M8Z1J5, Ontario, Canada (together, the “Sponsors”). Your registration and/or participation in the Sweepstakes shall be governed by the terms and conditions contained herein (the “Official Rules”).
The Sweepstakes is in no way sponsored, endorsed, administered by, or associated with Instagram or Instagram, Inc. (“Instagram”). Information is being provided to the Sponsors, not to Instagram. Any questions, comments or complaints regarding the Sweepstakes must be directed to the Sponsors and not to Instagram. Your participation in this Sweepstakes must at all times comply with all applicable Instagram terms of service. In the event of any violation of such terms of service, the Sponsors may, in their sole and absolute discretion, disqualify you from the Sweepstakes.
ELIGIBILITY: To be eligible to enter, you must be: (1) a legal U.S. resident (excluding Rhode Island) or a legal resident of Canada (excluding Quebec), and (2) at least eighteen (18) years of age as of the date of entry, and (3) the age of majority in your respective state, province, or territory of residence as of the date of entry. You must also comply with these Official Rules.
a) Employees of Pendleton, Gus, or any entity involved in the production or promotion of the Sweepstakes, and those living in the same household, are not eligible to enter or win. The Sweepstakes is otherwise open to anyone who meets the eligibility criteria and complies with these Official Rules, including employees of any parent, subsidiary, or affiliate of Pendleton or Gus, if such parent, subsidiary, or affiliate is not involved in the production or promotion of the Sweepstakes.
b) Any person attempting to defraud or in any way tamper with this Sweepstakes (whether electronically or otherwise) and any person who does not comply with these Official Rules, will be automatically disqualified, ineligible for any prize and may be prosecuted to the full extent of the law.
SWEEPSTAKES DATES AND TIMES: This is a 8-day sweepstakes beginning Thursday, October 18, 2018 at 8:00 AM Pacific Standard Time and ending Thursday, October 25, 2018 at 8:59 PM Pacific Standard Time (the “Entry Period”). You must complete each of the entry requirements during the Entry Period in order to be eligible to win.
HOW TO ENTER: To enter using Instagram, you must do the following: (1) follow @pendletonwm and @gusmodern on Instagram, or be a current follower of both @pendletonwm and @gusmodern on Instagram, (2) "like" either Pendleton's or Gus's post announcing the Sweepstakes and (3) tag a friend with their Instagram handle (for example, @friend) in a comment to either Pendleton's or Gus's post announcing the Sweepstakes. Limit ten (10) entries per person/Instagram handle. Entrants may enter a maximum of ten (10) times by tagging a maximum of ten (10) friends, including only one (1) friend per comment. If you do not have an Instagram account, you can open one free of charge by downloading the Instagram app for your iPhone/iPad from the App Store, your Android from Google Play, or your Windows Phone from the Windows Phone Store. This Sweepstakes uses the Instagram API and is not sponsored, endorsed, administered, or certified by Instagram. Normal time, toll, connection, and usage rates, if any, charged by your Internet Service Provider may apply.
Any attempt or suspected attempt to use robotic, automatic, programmed, or otherwise illicit means to enter the Sweepstakes, or any other methods not authorized by these Official Rules, for example, but not limited to, creating multiple Instagram or email accounts, identities, or registrations, all in the Sponsor’s sole discretion, shall be deemed as tampering and may disqualify you from entering, participating and/or winning a prize. Proof of transmission (for example, screenshots or captures) does not constitute proof of entry or receipt of an entry.
ODDS OF WINNING: The odds of winning will depend on the number of eligible entries received during the Entry Period.
PRIZE: One (1) prize will be awarded. The prize is one (1) genuine Gus* x Pendleton Elk Chair (the "Prize") of the winner’s choice. The total retail value of the Prize is $1,395.00 USD. Gus will also arrange for shipping of the Prize to the winner, up to a maximum value of $400.00 USD. Gus will also be responsible for any brokerage or duty charges in shipping the Prize, if any. Sponsors are not responsible if the Prize is lost, stolen, destroyed, or used without permission and Sponsors shall not replace the Prize if lost, stolen, or destroyed. If the Prize winner forfeits or does not claim the Prize within five (5) calendar days of being notified, it will be re-awarded, in Sponsors’ sole discretion. Other restrictions may apply. Decisions of Sponsors are final and binding with respect to all matters related to the Sweepstakes. In no event shall the Sponsors be obligated to award more prizes than the number of prizes stated in these Official Rules. No substitutions (including for cash) are permitted, except that Sponsors reserve the right to substitute a prize of equal or greater monetary value for the Prize. All winners assume any and all liability for any injury or damage caused, or claimed to be caused, by entering, participating in this Sweepstakes or the use or redemption of the Prize. Winners shall be responsible and liable for any and all federal, state, provincial, territorial and local taxes on the value of the Prize, except for brokerage and duty charges associated with shipping the Prize to the winner, if any. To receive the Instagram handle of the winner, or a copy of the Official Rules: send a self-addressed, stamped envelope to Marketing & Media, Gus Design Group Inc., 223 Evans Avenue, Toronto, ON Canada M4M2N2. Specify winner list or rules in your request. Please allow 6–8 weeks for Prize delivery. Sponsors do not provide the full name of the winner.
SELECTION, NOTIFICATION, AND RESPONSE REQUIREMENTS: On the Monday following the Entry Period, Gus will select one (1) winner from all eligible entries received during the Entry Period by random drawing. Winner will be notified via Instagram Direct Message on the Monday following the Entry Period. Sponsors reserve the right to determine and to alter the method of notification. Winner must claim his/her Prize within five (5) business days after the date of notification of such Prize. A winner’s failure to respond to the Prize notification within the specified five (5) business days will be considered such winner’s forfeiture of the Prize. If the identity of a winner is disputed, the entry will be deemed to have been submitted by the individual assigned to the email address or Instagram handle entered/used at the time of entry (“Authorized Account Holder”). Each Selected Entrant may be required to provide proof that he/she is the Authorized Account Holder associated with a selected entry. If an entrant is found to be ineligible, an alternate winner may also be selected from the pool of eligible entries. Sponsors reserve the right to ship the Prize directly to the mailing address provided by winner, arrange for pickup, or deliver by other means at Sponsors’ discretion.
All applicable federal, state, provincial, territorial, and local laws apply. By entering or accepting the Prize in this Sweepstakes, you agree to be bound by these Official Rules and to conform to all federal, state, provincial, territorial, and local laws and regulations. The winner may be required to execute and return to Sponsors no later than five (5) business days from the date of notification an Affidavit/Declaration of Eligibility, a Consent & Release form, a W-9 form, and/or any additional documents required by Sponsors in connection with the award of a prize. Any person attempting to defraud or in any way tamper with this Sweepstakes will be ineligible for the Prize and may be prosecuted to the full extent of the law. Sponsors reserve the right to modify these Official Rules in any way and at any time. Sponsors reserve the right, in their sole discretion, to modify, cancel, or suspend this Sweepstakes should viruses, bugs, acts of God, or other causes beyond Sponsors’ control corrupt the administration, security, or proper play of the Sweepstakes. Sponsors may cancel or suspend all or portions of this Sweepstakes for any reason or no reason, at any time. In the event of cancellation or suspension, Sponsors shall promptly post a notice on this Official Rules page to such effect.
The Sponsors reserve the right, in their sole discretion, to terminate or amend this Sweepstakes or amend or modify these Official Rules, at any time and in any way, without prior notice to entrants. Without limiting the foregoing, if, for any reason, the Sweepstakes is not capable of running as originally planned for any reason, the Sponsors reserve the right to cancel the Sweepstakes and conduct a random draw from all previously received eligible entries received during the Entry Period.
SKILL TESTING QUESTION: If the selected winner is a resident of Canada, winner will be required, as a condition of winning the Prize, to correctly answer, without assistance of any kind, the Sponsor’s time-limited, mathematical skill-testing question to be administered by Gus via email.
GENERAL CONDITIONS AND RELEASES: An entrant or winner may be disqualified from the Sweepstakes if he or she fails to comply with any provision of these Official Rules, as determined in the sole discretion of Sponsors. Participation in the Sweepstakes is at entrant’s own risk. By receipt of the Prize, the applicable winner agrees to release, indemnify, and hold harmless Sponsors, Instagram, and their respective partners, subsidiaries, affiliated entities, employees, directors, officers, agents, or representatives (collectively, “Releasees”) from any liability for any and all injuries, losses or damages of any kind to person(s), including death, personal injury or property damage resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of the Prize or participation in this Sweepstakes or any Sweepstakes-related activities, and for any claim based on publicity rights, defamation, invasion of privacy, or intellectual property-related cause of action (“Claims”). Releasees shall not be liable for (1) responses to winner notifications which are lost, late, incomplete, illegible, unintelligible, postage-due, misdirected, damaged, or otherwise not received by the intended recipient in whole or in part or for computer or technical error of any kind; (2) any electronic miscommunications or failures; technical hardware or software failures of any kind; lost or unavailable network connections; or failed incomplete, garbled, or delayed computer transmissions which may limit an entrant’s ability to participate in the Sweepstakes; (3) any technical malfunctions of the telephone network, computer on-line system, computer equipment, software, program malfunctions, or other failures; delayed computer transactions or network connections that are human, mechanical, or technical in nature; or (4) any condition or warranty of fitness or merchantability or merchantable quality of the Prize or the function or operation thereof.
Releasees do not make any, and hereby disclaim any and all, representations or warranties of any kind regarding the Prize or this Sweepstakes. Entrant(s) and winner(s) understand and agree that all rights under Section 1542 of the Civil Code of California (“Section 1542”) and any similar law of any state or territory of the United States or province or territory of Canada that they may have with respect to the foregoing release are hereby expressly and forever waived (to the maximum extent permitted by applicable law). Entrant(s) and winner understand that Section 1542 provides that: 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. Entrant(s) and winner have been given a full opportunity to review and analyze these terms and conditions in the Official Rules for this Sweepstakes; and fully and completely understand all of the terms of these Official Rules.
Entrant(s) and winner acknowledge and agree that this is a complete RELEASE and DISCHARGE of all claims and rights against the Releasees, and that no action will be taken by or on their behalf with respect to any such claims or rights, it being understood that this release shall be binding upon entrant(s)’ and/or winner's heirs, executors, and administrators, and anyone claiming by or through entrant(s) or winner.
This Sweepstakes shall be governed by Oregon or Ontario law without regard to its conflicts of law provisions. By participating in this Sweepstakes, entrants hereby irrevocably consent to exclusive jurisdiction and venue in the state/provincial and federal courts of Oregon or Ontario for any dispute or litigation arising from or relating to this Sweepstakes. This Sweepstakes is in no way sponsored, endorsed, administered by, or associated with Instagram or any other organization not specifically named as Sponsors in these Rules.
SPONSORS SHALL NOT BE LIABLE FOR ANY LIABILITY OR DAMAGES OF ANY KIND RELATING TO A WINNER’S PARTICIPATION IN THE EVENT, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, SPECIAL, COMPENSATORY, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, OTHER LOSSES OF OR DAMAGE TO PROPERTY, EVEN IF SPONSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LIABILITY OR DAMAGE IN ADVANCE.
ALL ENTRANTS AND THE WINNER UNDERSTAND AND AGREE THAT SPONSORS COULD NOT CONDUCT THIS SWEEPSTAKES, NOR COULD THEY OFFER THE PRIZES “BUT FOR” THE ALLOCATION OF RISKS CONTAINED IN THESE SWEEPSTAKES RULES AND EACH ENTRANT/WINNER’S AGREEMENT TO THESE SWEEPSTAKES RULES.
PRIVACY: Except as otherwise contemplated in these Official Rules, in the Sponsors’ Privacy Policies (https://www.pendleton-usa.com/privacy-security.html, and https://gusmodern.com/pages/privacy-policy), or as otherwise agreed to by you, any personal information provided in connection with this Sweepstakes will only be collected, used and disclosed by the Sponsors for the purposes of administering and conducting this Sweepstakes, including, without limitation, verification of eligibility and identity and awarding and delivering of prizes. Personal information provided as part of this Sweepstakes may be collected in, transferred to, and processed and stored in Oregon and Ontario. Such information will be subject to the general laws applicable within those jurisdictions, including, without limitation, possible access by or through regulatory authorities. The Sponsors will not sell, share or otherwise disclose personal information provided in connection with this Sweepstakes to or with third parties or agents, other than to third parties or agents engaged by the Sponsors to fulfill the above purposes or as permitted or required by applicable law.
By participating in the Sweepstakes, the entrant grants Sponsors (1) permission and consent to collect, distribute and use his/her personal information (information that identifies an entrant as an individual, such as home telephone number, age and home address), his/her name, his/her username or handle, and his/her likeness , if applicable, for the purposes of implementing, administering and fulfilling the Sweepstakes; and (2) permission and consent to notify him/her through Instagram of important developments related to the Sweepstakes, including the choice of your entry for a potential prize.
TRADEMARKS: the PENDLETON trademark, the GUS trademark, and all other trademarks of Sponsors are protected under the United States, Canadian, and international laws. All other trademarks are used by permission of their respective owners. All Instagram logos and trademarks are the property of Instagram, Inc.
Requests for the rules may be made at any time through email or regular mail until the end of the Entry Period.