GOOD AMERICAN, LLC SWEEPSTAKES
Official Rules
NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL
NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW.
This Sweepstakes may only be entered in or from the 50 United States and the District of Columbia, and entries
originating from any other jurisdiction are not eligible for entry. You are not authorized to participate in the
Sweepstakes if you are not located within the 50 United States or the District of Columbia.
1.
SWEEPSTAKES
ENTRY
START/END DATES.
The Sweepstakes begins at
12:00:00 am (midnight)
Pacific Time on
October 18, 2020
,
and ends at
11:59PM Pacific Time on October 20th, 2020 (“Sweepstakes Period”)
.
2.
ELIGIBILITY
: The Sweepstakes is open solely to legal residents of the fifty (50) states of the United States and the
District of Columbia, who are at least eighteen (18) years of age and over the age of majority in their jurisdiction of
residence at the time of entry. Entrants must have either a valid social security number or a valid U.S. personal tax
identification to participate. Employees, officers and directors of Good American, LLC (“Sponsor”), and its parent
companies, subsidiaries, affiliates, partners, advertising and promotion agencies, manufacturers or distributors of
promotion materials, and their immediate families (parents, children, siblings, spouse) or members of the same household
(whether related or not) of such employees, officers and directors are not eligible to enter. The Sweepstakes is subject to
all applicable federal, state and local laws.
3.
HOW TO ENTER
:
a.
During the Sweepstakes Period:
1. Follow @goodamerican on Instagram; and
2. Like Sponsor’s designated post; and
3. Tag 3 friends in the comments section of Sponsor’s designated post; and
You must have an Instagram account to enter via this method. An Instagram account is free.
OR
b.
During the Sweepstake Period, you may alternatively enter the Sweepstakes by mail as follows: On a plain
3” x 5” index card, legibly handprint or type your first name, last name, date of birth, complete address, city,
state, zip code, phone number (including area code), and email address (if any) and mail your completed 3” x
5” card to GOOD AMERICAN, LLC Sweepstakes, Attention: Sweepstakes Entry, 3578 Hayden Avenue, Ste
N-1, Culver City, CA 90232. To be considered eligible in the Sweepstakes, your entry must be received by
Sponsor by the end of the Sweepstakes Period. Each card timely received will be considered as one entry for
that entrant.
By participating in the Sweepstakes, you acknowledge and agree to be bound by these Official Rules, Sponsor’s Privacy
Policy at
www.goodamerican.com/pages/privacy-policy
, and any other relevant rules, policies or regulations.
Limit one (1) entry per person/per email address, regardless of method of entry.
Multiple entrants are not permitted to
share the same email address. Any attempt by any entrant to obtain more than the stated number of entries by using
multiple/different email address, identities, registrations and logins, or any other methods will void that entrant's entries
and that entrant may be disqualified. Use of any automated system to participate is prohibited and will result in
disqualification. In the event of a dispute as to any email address, the authorized account holder of the email address used
to enter this Sweepstakes will be deemed to be the entrant. 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 potential winner may be required to show
proof of being the authorized account holder.
If you choose to enter using your mobile phone, standard data fees may apply. You
should consult your wireless service
provider's pricing plan for details. You agree to incur any and all charges demanded by their wireless carrier. You should
also check your device's features for capabilities and check the device manual for specific use instructions.Entries will not be acknowledged or returned. Only fully completed entries are eligible.
Proof of submission will not be
deemed to be proof of receipt by Sponsor.
4.
REQUIREMENTS OF ENTRIES
: By entering the Sweepstakes, each entrant warrants and represents that: (a) entrant’s
entry does not
contain any material or elements that are not owned by the entrant, or which are subject to the rights of third
parties; (b) entrant’s entry is not a duplicate of any other submitted entries; and (c) entrant’s entry will not violate any law,
rule or regulation or infringe on any rights of any third parties. By submitting an entry, entrant
agrees that Sponsor, in its
sole discretion, may remove any entry and disqualify an entrant from the Sweepstakes if it believes, in its sole discretion,
which the entrant’s entry fails to conform to the foregoing or these Official Rules.
By entering the Sweepstakes, e
ntrant agrees that
Sponsor’s decisions are final and binding in all matters relating to this
Sweepstakes, including, but not limited to, interpretation and application of these Official Rules. By entering the
Sweepstakes, entrants fully and unconditionally agree to be bound by these Official Rules and the decisions of Sponsor,
which will be final and binding in all matters relating to the Sweepstakes.
By submitting an entry, entrant hereby grants permission for the entry to be posted on
www.goodamerican.com
and other
websites, applications, or social media platforms. Entrant agrees that Released Parties (as defined below) are not
responsible for any unauthorized use of entries by third parties. Released Parties do not guarantee the posting of any entry.
5.
PRIZE SELECTION/ODDS:
The winning entries for the prizes will be chosen in a random drawing from all eligible
entries during the Sweepstakes Period on or about Wednesday, October 21, 2020. Odds of winning depend on the number
of eligible entries received for the drawing. Subject to verification of eligibility and compliance with these Official Rules,
the winning entries chosen as determined by the Sponsor, will be deemed the potential prize winners. Being tagged by a
friend does not entitle the tagged individual to any prize, even if the entrant tagging them is selected as a prize winner.
6.
NOTIFICATION
: On or about
October 21, 2020
, the potential Sweepstakes winners will be notified by Instagram direct
message, or i
f an email address has been provided by a potential winner, that potential winner will be notified via email at
the email address provided by potential winner. If no email address has been provided by a potential winner, that potential
winner will be notified by
telephone
at the
telephone
number provided by such potential winner in her mail-in entry. A
potential winner must respond to Sponsor’s notification within five (5) business days after the date of notification. A
potential winner's failure to respond to the prize notification within the specified five (5) business days will be considered
such potential winner's forfeiture of the prize and an alternate winner may be selected from the pool of eligible entries. If
an entrant is found to be ineligible, an alternate winner may also be selected from the pool of eligible entries.
After initial
contact has been made, subsequent communication may take place via e-mail or telephone. A p
otential winner may be
required to sign and return, where legal, an Affidavit/Declaration of Eligibility and Liability/Publicity Release within
seven (7) calendar days of receipt.
If such document is not returned within the specified time period, a prize or prize
notification is returned as undeliverable, or a potential winner is not in compliance with these Official Rules, that potential
winner’s prize will be forfeited and an alternate winner will be selected.
Upon prize forfeiture, no compensation will be
given. In the event of a dispute as to the identity of any potential winner, Sponsor reserves the right in its sole discretion to
select another winner and the unidentifiable potential winner will forfeit all rights to a prize.
7.
PRIZE(S):
Ten (10) winners will each receive a $500 gift card to Good American.
Prizes are subject to applicable terms and conditions.
The total retail value of all Prizes is $5,000.
Each Prize is non-transferable. No substitutions or cash redemptions.
Unclaimed prizes will not be awarded
. All unspecified expenses are the responsibility of each winner. Limit one (1) prize
per person or household.
The prize is awarded “as is” with no warranty or guarantee, either express or implied. Each w
inner is responsible for all
applicable federal, state and local taxes, if any, as well as any other costs and expenses associated with prize acceptance
and use not specified herein as being provided. Each winner agrees to furnish Sponsor with and/or execute any additional
document requested by Sponsor in connection with the awarding of the prize.
8.
GENERAL CONDITIONS
: By participating, each entrant agrees: (a) to abide by these Official Rules and decisions of
Sponsor, which shall be final and binding in all respects relating to this Sweepstakes; and (b) to the use of his/her name,
voice, performance, photograph/video, image and/or likeness for editorial, administrative, programming, advertising,
publicity and promotional purposes in any and all media, now or hereafter known, worldwide and on the Internet, and inperpetuity by Sponsor and its designees, without compensation (unless prohibited by law) or additional consents from
entrant or any third party and without prior notice, approval or inspection, and to execute specific consent to such use if
asked to do so. By participating, entrant also agrees not to release any publicity or other materials on their own or through
someone else regarding their participation in the Sweepstakes without the prior consent of the Sponsor, which it may
withhold in its sole discretion.
9.
LIABILITY
: BY PARTICIPATING, ENTRANTS AND THE WINNERS AGREE TO RELEASE AND HOLD
HARMLESS SPONSOR, INSTAGRAM, AND SPONSOR’S ADVERTISING AND PROMOTIONS AGENCIES AND
ITS PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, PARTNERS, REPRESENTATIVES, AGENTS,
SUCCESSORS, ASSIGNS, EMPLOYEES, SHAREHOLDERS, OFFICERS AND DIRECTORS (COLLECTIVELY,
“RELEASED PARTIES”), FROM ANY AND ALL LIABILITY, FOR LOSS, HARM, DAMAGE, INJURY, COST OR
EXPENSE WHATSOEVER INCLUDING WITHOUT LIMITATION, PROPERTY DAMAGE, PERSONAL INJURY
AND/OR DEATH WHICH MAY OCCUR IN CONNECTION WITH, PREPARATION FOR, OR PARTICIPATION IN
THE SWEEPSTAKES, OR POSSESSION, ACCEPTANCE AND/OR USE OR MISUSE OF A PRIZE OR
PARTICIPATION IN ANY SWEEPSTAKES-RELATED ACTIVITY AND FOR ANY CLAIMS BASED ON
PUBLICITY RIGHTS, DEFAMATION, INVASION OF PRIVACY, COPYRIGHT INFRINGEMENT, TRADEMARK
INFRINGEMENT OR ANY OTHER INTELLECTUAL PROPERTY-RELATED CAUSE OF ACTION. By entering the
Sweepstakes, entrant explicitly releases, discharges and holds harmless the Released Parties from any and all liability,
actions, causes of action, damages, actual, incidental or consequential, claims and demands whatsoever in law or equity,
including attorneys' fees and/or experts fees and costs, which he/she now has or may acquire, by reason of any personal
injury, death, loss of or damage to property, or any reason, occurring during or arising out of his/her participation in the
Sweepstakes and the acceptance and use or misuse of the prize. The foregoing liabilities are to the maximum extent
permitted by applicable law.
10.
MISCELLANEOUS
: Released Parties are not responsible for lost, late, incomplete, damaged, inaccurate, illegible,
stolen, delayed, misdirected, undelivered, or garbled Entries; or for lost, interrupted or unavailable network, server,
Internet Service Provider (ISP), website, or other connections, availability or accessibility or miscommunications or failed
computer, satellite, telephone or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or
misdirected transmissions or computer hardware or software malfunctions, failures or difficulties, or other errors or
difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise
relating to or in connection with the Sweepstakes, including, without limitation, errors or difficulties which may occur in
connection with the administration of the Sweepstakes, the processing of entries, the drawing for the prize, the
announcement of the prize, or the incorrect uploading of any Sweepstakes-related materials. Released Parties are also not
responsible for any incorrect or inaccurate information, whether caused by site users, tampering, hacking, or by any
equipment or programming associated with or utilized in the Sweepstakes. Released Parties are not responsible for injury
or damage to any person's computer related to or resulting from participating in this Sweepstakes or downloading materials
from or use of the website. Persons who tamper with or abuse any aspect of the Sweepstakes or
the applications or
websites of any Released Party, or
who act in an unsportsmanlike or disruptive manner or who are in violation of these
Official Rules, as solely determined by Sponsor
,
will be disqualified and all associated entries will be void. Should any
portion of the Sweepstakes be, in Sponsor’s sole opinion, compromised by virus, worms, bugs, non-authorized human
intervention or other causes which, in the sole opinion of the Sponsor
,
corrupt or impair the administration, security,
fairness or proper play, or submission of entries, Sponsor
reserves
the right at its sole discretion to suspend, modify or
terminate the Sweepstakes and, if terminated, at its discretion, select the potential winners from all eligible, non-suspect
entries received prior to action.
Notwithstanding the foregoing, Sponsor may seek equitable relief in any court of
competent jurisdiction. If any provision of these rules is held to be illegal or unenforceable, such provision shall be
limited or eliminated to the minimum extent necessary so that these rules otherwise remain in full force and effect and
enforceable. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE SPONSOR’S WEBSITES OR
APPLICATIONS OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE IN
VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR
RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES (INCLUDING ATTORNEYS’ FEES)
FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL
PROSECUTION.
12.
ARBITRATION/GOVERNING LAW
: EXCEPT WHERE PROHIBITED BY LAW, AS A CONDITION OF
PARTICIPATING IN THIS PROMOTION, ENTRANT AGREES THAT (1) ANY AND ALL DISPUTES AND
CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS PROMOTION, OR ANY PRIZES
AWARDED, SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION,
AND EXCLUSIVELY BY FINAL AND BINDING ARBITRATION UNDER THE RULES OF THE AMERICAN
ARBITRATION ASSOCIATION AND HELD AT THE AAA REGIONAL OFFICE NEAREST THE ENTRANT; (2)THE FEDERAL ARBITRATION ACT SHALL GOVERN THE INTERPRETATION, ENFORCEMENT AND ALL
PROCEEDINGS AT SUCH ARBITRATION; AND (3) JUDGMENT UPON SUCH ARBITRATION AWARD MAY BE
ENTERED IN ANY COURT HAVING JURISDICTION. UNDER NO CIRCUMSTANCES WILL ENTRANT BE
PERMITTED TO OBTAIN AWARDS FOR, AND ENTRANT HEREBY WAIVES ALL RIGHTS TO CLAIM,
PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES, INCLUDING
ATTORNEYS' FEES, OTHER THAN ENTRANT’S ACTUAL OUT-OF-POCKET EXPENSES (I.E., COSTS
ASSOCIATED WITH PARTICIPATING IN THIS PROMOTION), AND ENTRANT FURTHER WAIVES ALL
RIGHTS TO HAVE DAMAGES MULTIPLIED OR INCREASED.
THE ARBITRATION SHALL BE CONDUCTED
IN THE STATE OF CALIFORNIA, CITY OF LOS ANGELES.
THESE OFFICIAL RULES AND THE INTERPRETATION OF ITS TERMS SHALL BE GOVERNED BY AND
CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA WITHOUT REGARD TO
ITS CONFLICTS OF LAWS RULES. For any matters which are not subject to arbitration as set forth in these Official
Rules and/or in connection with the entering of any judgment on an arbitration award in connection with these Official
Rules and/or the Sweepstakes, the parties irrevocably submit and consent to the exclusive jurisdiction and venue of the
state and federal courts located in or closest to the County of Los Angeles in the State of California. The parties agree not
to raise the defense of forum non conveniens.
13.
USE OF DATA.
Sponsor will be collecting personal data about entrants, in accordance with its privacy policy. Please
review Sponsor’s privacy policy
www.goodamerican.com/pages/privacy-policy
. By participating in the Sweepstakes,
entrants hereby agree to Sponsor’s collection and usage of their personal information and acknowledge that they have read
and accepted Sponsor’s privacy policy.
14.
REQUEST FOR WINNERS
:
For the name of the winners, available after
October 21, 2020
, send a self-addressed,
stamped, envelope to: Good American, LLC, 3578 Hayden Avenue, Ste N-1, Culver City, CA 90232, Attn: Sweepstakes
Winners List. Vermont residents may omit return postage.
15.
Sponsor:
Good American, LLC, 3578 Hayden Avenue, Ste N-1, Culver City, CA 90232.
THE SWEEPSTAKES IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH
INSTAGRAM.