Last Revised: December 17, 2016
The following Sweepstakes is intended for play in the United States, Canada (except Quebec), only and shall be construed and evaluated according to the laws in each country. Do not enter this Sweepstakes if you do not reside in the United States or Canada (except Quebec) at the time of entry.
Eligibility: No purchase or payment of any kind is necessary to enter or win. A purchase will not increase your chances of winning. Void where prohibited. The Owen & Fred WHERE TO 2017 sweepstakes ("Sweepstakes") is open to legal residents of the 50 United States, the District of Columbia, Canada (except Quebec) 18 years of age or older.
Employees, officers and directors (and their immediate families [spouse, children, parents, siblings] and those living in their same households [whether or not related]) of Owen & Fred Corp. ("Sponsor"), Delta Airlines ("Delta") and any of their parent, shareholders, officers, directors, agents, members and assigns, retail locations, suppliers, distributors, subsidiary, and affiliated companies, advertising, promotion, or production agencies and web masters/suppliers (collectively, hereinafter, the "released parties") are not eligible to participate.
By participating, you agree to these official rules and to the decisions of the Sponsor whose decisions are final and binding in all respects. All data requested at registration, prize fulfillment or at any other time in connection with this Sweepstakes must be accurate if inaccurate information is supplied, it will result in your disqualification from the Sweepstakes and prevent the awarding of any prize you may have won.
Promotional Period: Sweepstakes begins at 7 a.m. eastern time ("ET") March 9, 2017 and ends at 17:00:00 p.m. ET on March 31, 2017 ("Promotional Period").
Sponsor, or its delegee(s), shall have thirty (30) days after the expiration of the Promotional Period to notify and award prizes. Entries must be received and recorded by the Sponsor during the promotional period. The computer of the Sponsor is the official clock for this Sweepstakes.
Ways to Enter:
- On Instagram, if applicable: In the event the Sweepstakes is announced officially on Instagram, follow Owen & Fred on @owenandfred instagram, like the post for the Sweepstakes before the Sweepstakes winner is announced, and tag a friend; or
- Via product review, if applicable: In the event the Sweepstakes is announced officially via email, complete a product or site review of Owen & Fred.
- Write-in Contestants: any person can gain entry into the Sweepstakes by mailing a handwritten, self-addressed, stamped envelope, in a #10 envelope to be received during the Promotional Period:
Owen & Fred Corp. Sweepstakes 61 Greenpoint Avenue, Suite 110, Brooklyn, NY 11222.
The Sweesptakes will take place ONLY on Instagram, OR via Product Review, and not both, during the period.
All entry information becomes the property of the Sponsor. Sponsor reserves the right to verify all entries. All online entries must include a valid e-mail address for the entrant. In case of multiple entries received from any person or e-mail address or household, only the first entry received from such person or e-mail address or household will be considered; however, Sponsor reserves, in its sole discretion, the right to disqualify from any monthly drawing ("Monthly Drawing") any prospective entrant deemed to violated any rule or conditions of these Official Rules.
Drawing: Within one (1) business day of the expiration of the Promotional Period, and earlier in the Sponsor’s sole discretion, Sponsor, or its delegee(s), will conduct a Monthly Drawing from which winners ("Winners") will be randomly drawn from the Qualified Entries received by Sponsor and/or its designee(s). To the extent that any Winners(s) is/are disqualified from winning according to the terms set forth herein, or upon a Winners(s) otherwise failing to take such steps as may be necessary to receive a prize(s), Alternate Winners ("Alternate Winners") may, at Sponsor's sole discretion, be selected. Winners, and, to the extent necessary, Alternate Winners will be notified by email or regular first class mail as provided herein at Section 6. Sponsor is not responsible for changes to an entrant's mailing address, email and/or telephone number. Drawing will be conducted by Sponsor, or its delegee(s) or assign(s).
Prizes/Odds: As a result of each Monthly Drawing conducted during the Sweepstakes, Sponsor will give away a travel voucher prize defined in the Monthly Drawing to a total of (1) one Winners and/or Alternate Winners. Prizes are non-transferable. Limit one (1) Prize per person/household per month. Odds of winning based upon number of Qualified Entries received in each Qualifying Month. Unclaimed Prizes may be awarded as provided herein.
Terms and Conditions Applicable to Prizes: Winners will be notified in writing of winning a prize for a particular Qualifying Month by either social media, email or first class mail ("Notice") to the address on file with Sponsor on or before the fourteenth (14th) day of the month in which the Drawing is conducted, or if the fourteenth (14th) day of the month falls on a weekend or holiday, the next business day of the applicable month. The Notice may, depending on the value of the prize and/or the aggregate value of all prizes won by the Winner, include a Winner's Affidavit of Eligibility and Liability/Publicity Release ("Affidavit and Release"). In order to redeem a prize of $600 or more, or to redeem multiple prizes for which the aggregate value of all prizes is $600.00 or more, each Winner must accurately complete and return the Affidavit and Release by first class mail, postmarked on or before the return date set forth in the Notice, or if said date falls on a weekend or holiday, the next business day. Upon a Winner being disqualified pursuant to Section 8 herein, Sponsor, or its delegee(s), may send a Notice to the Alternate Winner(s) by either email or first class mail, which said Notice shall include a Winner's Affidavit and Release. In order to redeem a prize, each Alternate Winner must accurately complete and return the Affidavit and Release by first class mail, postmarked on or before the return date set forth in the Notice, or if said date falls on a weekend or holiday, the next business day. Upon an Alternate Winner being disqualified pursuant to Section 8 herein, Sponsor shall have no obligation to award the prize to any other person. Sponsor shall not be responsible for and specifically disclaims any failure to draw Winners for any reason, including but not limited to cancellation, postponement, weather, acts of God, or other forces beyond the reasonable control of the Sponsor, and, in said event, the prize or relevant portion thereof will not be awarded.
General Conditions: By participating and qualifying in the Sweepstakes, each Participant expressly agrees: (a) to be bound by these Official Rules, including all entry requirements; (b) THAT SPONSOR, RELEASED PARTIES AND ALL OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS ARE RELEASED, WILL HAVE NO LIABILITY WHATSOEVER FOR AND SHALL BE HELD HARMLESS BY PARTICIPANTS AGAINST ANY AND ALL LIABILITY FOR ANY INJURIES, LOSSES OR DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES TO PERSON(S), INCLUDING DEATH, OR PROPERTY RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM THE ACCEPTANCE, POSSESSION, MISUSE OR USE OF THE PRIZE(S) OR PARTICIPATION IN THIS SWEEPSTAKES OR ANY SWEEPSTAKES RELATED ACTIVITIES; (c) UNDER NO CIRCUMSTANCES WILL PARTICIPANTS BE PERMITTED TO OBTAIN AWARDS FOR, AND PARTICIPANT HEREBY WAIVES ALL RIGHTS TO CLAIM, PUNITIVE, INCIDENTAL, CONSEQUENTIAL, OR ANY OTHER DAMAGES, OTHER THAN FOR ACTUAL OUT-OF-POCKET EXPENSES; (d) ALL CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS SWEEPSTAKES, OR ANY PRIZE(S) AWARDED, SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; AND (e) ANY AND ALL CLAIMS, JUDGMENTS, AND AWARD SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS INCURRED, EXCLUDING ATTORNEYS' FEES AND COURT COSTS. Except where legally prohibited, by accepting a Prize(s), each Winner or Alternate Winner grants (and agree to confirm that grant in writing) permission to Sponsor and those acting under its authority the right to the use of his/her first name, picture, likeness, voice, biographical information and statements, at any time or times, for advertising, trade, publicity and promotional purposes without additional compensation, in all media now known or hereafter discovered, worldwide and on the Internet and World Wide Web, without notice, review or approval. Participants who are Winners and/or Alternate Winners may be required to complete, sign and return an Affidavit and Release within the time-frames and under the circumstances identified at Section 6 herein. Sponsor, or its delegee(s) or assigns, will use reasonable efforts to remit prizes to Winners and/or Alternate Winners within ninety (90) days from the date of the applicable Drawing; however, Sponsor shall not be responsible for failure to remit the prizes within said time-frame.
Disqualification: Sponsor, or its delegee(s), expressly and without limitation reserves the right, in the sole discretion of sponsor or its delegee(s), to disqualify Winners and/or Alternate Winners upon any of the following: (a) failure to accurately complete an affidavit and release necessary for Sponsor to comply with reporting requirements; (b) failure to return a required affidavit and release within the time-frame set forth in the notice (c) failure to provide accurate personal or contact information at any time during the Sweepstakes; or (d) upon the notice being deemed undeliverable for any reason. Further, to the extent necessary, Sponsor, or its delegee(s), specifically, and without limitation, reserves the right, in the sole discretion of Sponsor or its delegee(s), to reject any document received or delivered in an untimely fashion regardless of reason or fault. Additionally, Sponsor, or its delegee(s), expressly reserves the right, at the sole discretion of Sponsor, or its delegee(s), to disqualify any participant or prospective participant for conduct deemed to be detrimental or disruptive to the appropriate running of the Sweepstakes, including, but not limited to: tampering with entry process or operation of Sweepstakes or website; acting in violation of the terms of these official rules or the Sponsor's Website; acting in a non-sportsmanlike or disruptive manner, or with intent to threaten, abuse or harass any other person. Upon a disqualification, the Winners or Alternate Winners automatically forfeits his/her right to any monthly prize(s) under this Sweepstakes and Sponsor shall have no further obligation to a disqualified Winners or Alternate Winners.
Limitations of Liability: Neither released parties, nor their agencies shall be responsible or liable to any party to any extent or under any theory of law of equity for any loss, damage or injury caused by, without limitation: lost, illegible, late, misdirected, incomplete, mutilated, or non-delivered entries or email; any error, omission, interruption, deletion or loss of information or document; any failure to receive any entry, document or transmission of information for any reason whatsoever; any incorrect or inaccurate information provided by participants; or any equipment or programming associated with or utilized in this Sweepstakes. The Sponsor may, in its sole discretion, cancel, terminate, modify or suspend the Sweepstakes for any reason, including, but not limited to: technical corruption or difficulties; fraud; lack of participation; hacking or tampering; force majeure; as necessary to improve efficacy of or participation in the Sweepstakes, etc. In the event of a cancellation, termination, modification or suspension, regardless of reason, Sponsor may award prize(s) to Winners(s) or Alternate Winners(s) drawn from qualified entries received prior to the date of cancellation, termination, modification or suspension or such other date that Sponsor, in its sole discretion, deems fair and equitable. Neither Sponsor, nor any other released party shall be deemed liable or responsible to any party, under any theory or law or equity, for any cancellation, termination, modification or suspension of the Sweepstakes. In the event Sponsor cancels, terminates, modifies or suspends the Sweepstakes, Sponsor or its delegee(s) will notify participants via e-mail, notice on owenandfred.com or by first class mail. In case of dispute, an authorized subscriber of the e-mail account used to enter at actual time of entry will be deemed to be the participant, and must comply with these Official Rules. The authorized account subscriber is deemed to be the natural person who is assigned an e-mail address by an internet access provider, on-line service provider, or other organization that is responsible for assigning e-mail addresses. Everything provided to entrants of this Sweepstakes is provided "as is" without warranty of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose or non-infringement. Some jurisdictions may not allow limitations of exclusion of liability for incidental or consequential damages or exclusion of implied warranties, so some of the above limitations or exclusions may not apply to you. Check your local and/or State laws for any restrictions or limitations regarding these limitations or exclusions. Released parties are not responsible for, and specifically disclaim any and all liability or obligations to any participant for the act(s), failure(s) or omission(s) of any third party, including, without limitation, the United States Postal Service and/or any other courier hired by a participant, which said failure(s) may include, without limitation: failure to deliver any document within the required time-frames of these official rules; the loss of any required document; and/or the destruction of any required document.
Any attempt by any person to deliberately damage the web site 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 remedies and damages from any such person to the fullest extent permitted by law, including criminal prosecution.
Tax and Financial Obligations of Winners: By accepting prize(s), all Winners (including Alternate Winners) accept and acknowledge that his/her respective receipt and acceptance of a prize may result in financial obligations to third parties, including potential payment of federal, state or local income taxes. Each Winner and Alternate Winners expressly acknowledges that he/she solely and completely is responsible for such respective financial obligation(s) and expressly agrees that Sponsor and released parties shall have no obligation or liability --to any extent-- regarding said financial obligations. To the extent that any payment(s) of a prize(s) to any Winners or Alternate Winners under the Sweepstakes obligates Sponsor to report the value of any prize(s) or winning(s), or the aggregate value of multiple prizes or winnings, under the laws, rules or regulations of the United States Internal Revenue Service or Canadian government agencies all Winners and Alternate Winners expressly agree and acknowledge that payment of said prize(s) or winning(s) may be withheld until such time that the Sponsor, or its assign(s) or delegee(s), receive an acknowledged and notarized Affidavit containing such information as may be necessary, including, but not limited to social security numbers and date of birth, for Sponsor to fulfill its obligation(s) with regard to reporting the value of any payment or payments made to any Winners(s) or Alternate Winners(s) under this Sweepstakes.
Governing Law/Jurisdiction: All issues and questions concerning the construction, validity, interpretation and enforceability of these official rules or the rights and obligations of entrants or Sponsor in connection with the Sweepstakes shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other state's laws. By entering, entrants consent to the jurisdiction and venue of the federal, state and local courts located in New York, New York.
Winners List: For the names of the prize Winners, write your name and complete address on a 3"x5" card and mail in a first-class stamped envelope to: Owen & Fred, 61 Greenpoint Avenue Suite 110 Brooklyn, NY 11222
Sponsor: Owen & Fred Corp. 61 Greenpoint Avenue Suite 110 Brooklyn, NY 11222