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Official rules

No purchase necessary. Void where prohibited. A purchase will not increase your chance of winning.

Odds of winning will depend on the total number of entries received. Void where prohibited by law. Please read these official rules carefully. If you do not agree to arbitrate your claims, waive class action claims and waive the right to trial by jury do not enter this sweepstakes.

This sweepstakes is only offered in the fifty (50) United States (excluding Washington D.C.), and is intended for participation in those areas only. Please do not proceed if you are not 18 years or older by August 31, 2019, and a permanent legal resident of one (1) of the fifty (50) states of the United States. This sweepstakes shall be construed and governed according to applicable laws of the United States.

Instagram Giveaway Rules

1. HOW TO ENTER: On each day, beginning September 1, 2019 11:00AM (CST) through September 30, 2019 11:59PM (CST), visit our Instagram post for rules on how to enter.

 

2. ELIGIBILITY: The Sweepstakes (“Sweepstakes”) is only available to entrants who, as of August 31, 2019, (a) are permanent legal residents of one of the fifty (50) states of the United States, (b) are physically located and residing therein, and (c) are eighteen (18) years of age or older (“Entrant” or “Entrants”). Entrants also must have a valid social security number.

 

3. SWEEPSTAKES DESCRIPTION: This Sweepstakes consists of a prize giveaway. The giveaway prize is listed and described in Section 6 of these Official Rules. Central Standard Time shall control for all purposes of the Sweepstakes.

 

4. WINNER NOTIFICATION: The winner of the giveaway will be notified within one (1) month of the last day of the Sweepstakes, via Instagram message from Trokiando. In the event the winner does not respond to Trokiando’s message/notification or does not accept the prize within fourteen (14) business days of the date the message/notification was sent, the prize will be deemed forfeited and an alternate winner will be selected as set forth below. In the event that any one or more potential winners fails to respond as stated above, declines the prize or fails to provide the signed affidavits or releases required by these Official Rules, then such winner(s) will be deemed to have forfeited the prize and Sponsor will select an alternate. If the alternate selected by Sponsor fails to comply with these requirements, then the prize will be finally forfeited and Sponsor shall have no further liability in connection with the Sweepstakes.

 

5. CONDITIONS OF PARTICIPATION: Expenses not specifically included in the prize description and all taxes are the sole responsibility of the winner of the sweepstakes. Each prize is awarded “as is” with no warranty or guarantee, either express or implied, outside of manufacturer’s limited warranty, if applicable. No transfer, assignment or substitution of a prize is permitted, except Sponsor reserves the right to substitute a prize for an item of equal or greater value in the event an advertised prize is unavailable. The winner is required to comply with any and all applicable federal, state and local laws, rules and regulations. All federal, state and local taxes, and any other costs not specifically provided for in these Official Rules are solely the winner’s responsibility. If the actual retail value of any Winner’s prize is six hundred ($600) dollars or more, then the Winner must complete a W9 Form and supply Sponsor with his/her social security number for tax purposes. An IRS 1099 Form will be issued in the name of the winner for the actual value of the prize received. Sponsor does not have responsibility or obligation to the winner or potential winner who is unable or unavailable to accept or utilize prizes as described herein. Entrants agree to be bound by the terms of these Official Rules and by the decisions of Sponsor, which are final and binding on all matters pertaining to this Sweepstakes. The winner will be required to sign and return an affidavit of eligibility and a liability release within fourteen (14) days following the date of first attempted message/notification. Failure to comply with this deadline may result in forfeiture of the prize and the selection of an alternate winner. Return of any prize notification as undeliverable will result in the disqualification and selection of an alternate winner. Acceptance of a prize by winner constitutes permission by the winner for the Sponsor and any affiliates and subsidiaries, participating, advertising or promotion agencies, and prize suppliers to use winner’s name and/or likeness and biographical material for editorial, advertising and promotional purposes without additional compensation, unless prohibited by law. By accepting a prize, winner agrees to hold Sponsor, its advertising and promotion agencies and their respective parent companies, subsidiaries, affiliates, partners, representative agents, successors, assigns, officers, directors, and employees harmless for any injury or damage caused or claimed to be caused by participation in the Sweepstakes or the acceptance of the prize. Additionally, Sponsor is not responsible for any printing, typographical, mechanical or other errors in the printing of the offer or administration of the Sweepstakes or in the announcement of the prize.

 

6. PRIZE: Prize, prize description and quantity are noted on each Instagram post related to the Sweepstakes. Prize manufacturer does not endorse Sponsor’s products or services and is not affiliated with this Sweepstakes in any way. Any trademarks are used for prize descriptions only and are the property of them.

 

7. INTERNET/MOBILE: Sponsor is not responsible for electronic transmission errors resulting in omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to or alterations of entry materials, or for technical, network, electronic, computer, hardware, or inaccurate transmissions of or failure to receive entry information from Entrants or by Sponsor or presenter on account of technical problems or traffic congestion on the internet, at any website, or a mobile phone or any combination thereof. If for any reason the internet or mobile phone portion of the program is not capable of running as planned, including infection by computer virus, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt the effect of administration, security, fairness, integrity or proper conduct of this Sweepstakes, then Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Sweepstakes. Sponsor reserves the right to select winners from eligible entries received as of the termination date. Sponsor further reserves the right to disqualify any individual who tampers with the entry process. Sponsor may prohibit an Entrant from participating in the Sweepstakes if it determines that the Entrant is attempting to undermine the legitimate operation of the Sweepstakes by cheating, hacking, deception or other unfair practices or intending to abuse, threaten or harass other entrants. CAUTION: Any attempt by an Entrant to deliberately damage any website or undermine the legitimate operation of the Sweepstakes is a violation of criminal and civil laws and should such attempts be made, Sponsor reserves the right to seek damages from any such participant to the fullest extent of the law.

 

8. DISPUTES/CHOICE OF LAW: Except where prohibited, each Entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this or any prize awarded shall be resolved through arbitration, without resort to any form of class action, and exclusively by state or federal courts situated in Houston, Texas, (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, but in no event shall attorneys’ fees be awarded; and (3) no punitive, incidental, special, consequential or other damages, including without limitation lost profits may be awarded (collectively, “Special Damages”) Entrant also hereby waives all rights to claim special damages and all rights to have such damages multiplied or increased. Texas State law, without reference to Texas choice of law rules, governs the Sweepstakes and all aspects related thereto.

 

9. SPONSOR: The sponsor of this Sweepstakes is TKO Brand, LLC d/b/a Trokiando (“Sponsor”)