GOOD AMERICAN, LLC
SWEEPSTAKES

TERMS AND CONDITIONS (“TERMS”)

WHO CAN ENTER: The SWEEPSTAKES is open only to legal residents of the 50 United States (including District of Columbia) who (i) have validly submitted a Submission as described below, and (ii) are at least 18 years of age or older at the time of entry. If you are prohibited from entering in this SWEEPSTAKES by any local laws, rules or regulations, you may not enter. By participating in the SWEEPSTAKES, you agree fully and unconditionally to these Terms and Good American’s decisions, which are final and binding in all matters related to the SWEEPSTAKES. Eligibility to be selected as a winner is contingent upon complying with and fulfilling all requirements set forth herein.

THIS SWEEPSTAKES IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH INSTAGRAM OR ELAINE WELTEROTH.

PARTICIPATION IN THIS SWEEPSTAKES ONLY PROVIDES AN OPPORTUNITY FOR PARTICIPANTS TO BE SELECTED AS A WINNER. YOU UNDERSTAND AND AGREE THAT SPONSOR HAS THE RIGHT TO SELECT ANY WINNER IT CHOOSES. NO PURCHASE IS NECESSARY.

GOOD AMERICAN EMPLOYEES, AGENCIES DIRECTLY CONNECTED WITH THE CREATION AND ADMINISTRATION OF THIS SWEEPSTAKES, NOR A HOUSEHOLD MEMBER OR IMMEDIATE FAMILY MEMBER OF THE AFOREMENTIONED ARE ELLIGIBLE TO PARTICIPATE.


1. GENERAL INFORMATION:
The application period for this SWEEPSTAKES opens at 1 PM Pacific Time (“PT”) (US) on 7/10/19 and ends at 1PM PT (US) on 7/11/19 (the “Application Period”).

2. HOW TO ENTER:

During the Application Period, each participant (the “Participant”) must visit the Good American Instagram page at https://www.instagram.com/goodamerican/?hl=en (“Site”) and (1) click on Good American’s Instagram Stories; (2) view Good American’s Instagram Stories; and (3) fill out the quote box in Good American’s Instagram Stories. No other method of participation will be accepted. Submissions that do not follow these Terms and Conditions may be disqualified at Good American’s discretion.

By entering, each Participant warrants and represents the following with respect to their Submission: (a) Participant is the owner and authorized representative of the Instagram account(s) claimed by Participant in their Submission; and (b) this SWEEPSTAKES does not conflict with any existing commitments on Participant’s part nor does it violate any third-party rights and/or agreements.

All deadlines are based on the Pacific Time Zone. All determinations of eligibility shall be final and binding. For the avoidance of doubt, Good American may or may not provide Participants with confirmation of SWEEPSTAKES entry.
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR RECEIVE A PRIZE.

3. PRIZES

One (1) Good American graphic T-shirt and one (1) copy of the book titled “More Than Enough”

4. SELECTION OF WINNERS:
Good American will review all Submissions properly submitted during the Application Period. Good American will then choose ten (10) winners, in its sole discretion, taking into account the Participant’s Submission.

The winners will be selected __________________________. The selected winners will be notified (as described below) during that time. The decisions of Good American will be final and binding in all matters related to the SWEEPSTAKES.

5. NOTIFICATION & DELIVERY OF PRICES:

Good American will make up to two (2) attempts to notify each Participant selected via the email address associated with that Selected Participant’s entry. Good American is not liable if the Selected Participant is not reached or receives such notification. Prices are not transferable.

6. RELEASE:

By entering this SWEEPSTAKES, all Participants agree to release and hold harmless Good American, and their parents, affiliates, subsidiaries, assigns, directors, officers, employees, and agents, including advertising and promotion agencies, and any other organizations/entities/persons related to the SWEEPSTAKES such as celebrities associated with Good American or taking part in the SWEEPSTAKES (collectively, “Releasees”) from any and all claims, injuries, damages, expenses, or losses to person or property and/or liabilities of any nature that in any way arise from participation in the SWEEPSTAKES, including without limitation (i) any condition caused by events beyond Releasees’ control that may cause the SWEEPSTAKES to be disrupted, postponed or cancelled; (ii) any injuries, losses, or damages (compensatory, direct, incidental, consequential, or otherwise) of any kind arising in connection with or as a result of participation in the SWEEPSTAKES other than those caused by the negligence or intentional misconduct of a Releasee; and (iii) any printing or typographical errors in any materials associated with the SWEEPSTAKES.

7. LIMITATION OF LIABILITY:

The Releasees are not responsible for (i) late, lost, delayed, damaged, incomplete, illegible, misdirected or undeliverable entries, responses, or other correspondence, whether by e-mail or postal mail or otherwise; or (ii) theft, destruction, unauthorized access to or alterations of entry materials. Except where prohibited, by participating in the SWEEPSTAKES and submitting an entry, each Participant agrees that: (i) any and all disputes, claims and causes of action arising out of or in connection with participation in the SWEEPSTAKES that cannot be resolved between such Participant and any Releasees shall be resolved individually, without resort to any form of class action; and (ii) any and all claims, judgments and awards shall be limited to the greater of (1) actual out-of-pocket costs incurred, including costs associated with entering the SWEEPSTAKES and (2) in no event will attorneys’ fees be awarded, unless otherwise required under applicable law. Notwithstanding anything to the contrary herein, in no event shall any Participant seek or be entitled to rescission, injunctive or other equitable relief or to enjoin or restrain the production, distribution, exhibition, operation or other exploitation of Good American products or campaigns, the SWEEPSTAKES, any website, content, advertising or other materials used, displayed or issued in connection with the SWEEPSTAKES, or any submission or entry, and such Participant’s rights and remedies in any such event shall be strictly limited to the right to recover money damages, if any, in an action at law. IN NO EVENT WILL ANY OF THE RELEASEES BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, DATA, BUSINESS OR PROFITS) ARISING OUT OF OR IN CONNECTION WITH PARTICIPATION IN THE SWEEPSTAKES, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY IN CERTAIN CIRCUMSTANCES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO ALL PARTICIPANTS. TO THE EXTENT ANY LIMITATIONS OR EXCLUSIONS TO LIABILITY DESCRIBED ABOVE ARE NOT PERMISSIBLE IN YOUR JURISDICTION, SUCH LIMITATIONS AND/OR EXCLUSIONS WILL BE DEEMED MODIFIED TO COMPLY WITH THE APPLICABLE LAWS, RULES OR REGULATIONS IN YOUR JURISDICTION.

8. GENERAL CONDITIONS:

By participating in the SWEEPSTAKES, each Participant acknowledges that they have read these Terms and agree to be bound by them and by the decisions of Good American, which are final and binding on all matters pertaining to the SWEEPSTAKES. Non-compliance with these Terms may result in disqualification and all associated entries will be void. Good American reserves the right, in its sole discretion and without liability to the Participant, to cancel, modify or suspend the SWEEPSTAKES in whole or in part. Good American reserves the right to disqualify any Participant or Selected Participant, as determined by Good American where Good American believes it is necessary and/or appropriate to do so, in its sole discretion and without liability to the Participant or Selected Participant. The SWEEPSTAKES is subject to these Terms & Conditions and all applicable federal, state, provincial, and local laws and regulations. The SWEEPSTAKES is void where prohibited or restricted by law. All disputes, issues and/or questions concerning the SWEEPSTAKES, including the rights and obligations of the Participant and Good American in connection with the SWEEPSTAKES, or the construction, validity, interpretation and enforceability of these Terms shall be governed by, and construed in accordance with: (i) for US residents: the laws of the State of California without giving effect to any choice of law or conflict of law rules (whether of the State of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of California. Any legal actions, suits or proceedings related to the SWEEPSTAKES (whether for breach of contract, tortious conduct or otherwise) will be brought exclusively in the state or federal courts located in Los Angeles County, California for US residents; and each Participant accepts and submits to the personal jurisdiction of such courts with respect to any legal actions, suits or proceedings arising out of or related to the SWEEPSTAKES. Good American disclaims any responsibility to notify Participants of any aspect related to the conduct of the SWEEPSTAKES. By participating in the SWEEPSTAKES, you hereby agree to Good American’s collection and usage of any personal information included in your Submission for the purposes described above and acknowledge that you have read and accepted Good American’s privacy policy.

9. FORCE MAJEURE:

Without limiting any other provision in these Terms, in the event that any of the Participants’ activities or the Releasees’ operations or activities are affected for reasons outside of their control, as determined by Good American, in its sole discretion, including, without limitation, 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, war (declared or undeclared), fire, flood, epidemic or public health crisis (e.g. SARS), 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 law, rule, regulation, order or other action adopted or taken by any governmental, federal, state or local government authority, or any other cause, whether or not specifically mentioned above, subject to any governmental approval that may be required, Good American shall have the right to modify, suspend, or terminate the SWEEPSTAKES, and no Releasees shall be responsible or liable to any Participant or Selected Participant or any person claiming through such Participant or Selected Participant. Good American is not responsible for electronic communications that are undeliverable as a result of any form of active or passive filtering of any kind, or insufficient space in Participant’s e-mail account to receive e-mail messages.

10. MISCELLANEOUS:

The invalidity or unenforceability of any provision of these Terms 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 Terms 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. Good American’s failure to (or decision not to) enforce any provision in these Terms shall not constitute a waiver of that or any other provision. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any SWEEPSTAKES-related materials and these Terms, these Terms shall prevail, govern, and control and the discrepancy will be resolved in Good American’s sole and absolute discretion. This SWEEPSTAKES is being sponsored by Good American, LLC, 3125 South La Cienega Blvd, Los Angeles, CA 90016. All inquiries regarding this Sweepstakes should be addressed to Good American only.