VOID WHERE PROHIBITED BY LAW.
The “Instagram Pendleton® Dude Con Westerley Sweater Giveaway Sweepstakes” (the “Sweepstakes”) is one of chance. By entering, you have a chance to win a Pendleton® Original Westerley Sweater. 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 sponsored by Pendleton Woolen Mills, Inc., 220 NW Broadway, Portland, Oregon, 97209 (“Pendleton” or the “Co-Sponsor”), and The Big Legrowlski LLC, 812 NW Couch, Portland, Oregon 97209 (the “The Big Legrowlski” or the “Co-Sponsor”) (and collectively, the “Sponsors”). Your registration and/or participation in the Sweepstakes shall be governed by the terms and conditions contained herein (the “Official Rules”).
ELIGIBILITY: To be eligible to enter, you must be a legal U.S. resident (other than a resident of RI) and at least eighteen (18) years of age as of the date of entry, and the age of majority in your respective state as of the date of entry. You must also comply with these official Sweepstakes rules (these “Official Rules”).
a) Employees of Pendleton and The Big Legrowlski or any entity involved in the production or promotion of the Sweepstakes, and members of such employees’ immediate family, 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 supplier of the prize and employees of any parent, subsidiary, or affiliate of Pendleton, 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.
HOW TO ENTER: To enter, you must navigate to https://www.instagram.com/pendletonwm/ and do the following: (1) follow @pendletonwm on Instagram, or be a current follower of @pendletonwm on Instagram, (2) follow @biglegrowlski on Instagram, or be a current follower of @biglegrowlski, and (3) tag two achievers (your friends) with their Instagram handles (@example, @example) in a comment on the original post.
This is a two-day sweepstakes beginning September 28, 2018 at 8:00 AM Pacific Standard Time and ending September 29, 2018 at 11:59 PM Pacific Standard Time. You must complete these steps between 8:00 AM PST on Friday, September 28, 2018, and 11:59 PM PST on Saturday, September 29, 2018 (the “Entry Period”). 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 endorsed or certified by Instagram or Instagram, Inc. Normal time, toll, connection, and usage rates, if any, charged by your Internet Service Provider may apply. Entries generated by script, bots, macros, or other automated means are void. Multiple entries are permitted.
Sponsors expressly reserve the right to disqualify any entry that it believes has committed fraud, deception, or is generated by an automated program or via scripts or otherwise in violation of any law or of these Official Rules. By participating, all entrants agree to abide by these Official Rules.
PRIZES: Four (4) prizes will be awarded. Each Prize is one genuine Pendleton® Original Westerley Sweater. The total retail value of the Prize is $239.00USD. Sponsors are not responsible if the sweater is lost, stolen, destroyed, or used without permission and Sponsors will not replace any sweater lost, stolen, or destroyed. If the Prize winner forfeits or does not claim his or her prize within 5 calendar days of being notified, it will be re-awarded, in the Sponsors’ sole discretion. Other restrictions may apply. Decisions of the 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 any prize. Winners shall be responsible and liable for all federal, state, and local taxes on the value of their prize. To receive the Instagram handles of the winners, or a copy of the Official Rules: send a self-addressed, stamped envelope to Marketing & Media, Pendleton Woolen Mills, Inc., 220 NW Broadway, Portland OR 97209. 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 Monday following the Entry Period, Sponsors will select four (4) winners from all eligible entries received thus far during the Entry Period by random drawing. Winners will be notified via Instagram Direct Message on Monday following the Entry Period. Sponsors reserve the right to determine and to alter the method of notification. Each 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 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 prizes directly to the mailing address provided by winners, arrange for pickup, or deliver by other means at Sponsors’ discretion.
All applicable federal, state, and local laws apply. By entering or accepting a prize in this Sweepstakes, you agree to be bound by these Official Rules and to conform to all federal, state, and local laws and regulations. The winners may be required to execute and return to Pendleton no later than five (5) business days from the date of notification an Affidavit of Eligibility and 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 prizes 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.
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 any 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 any 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 warranty of fitness or merchantability of any 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 any 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 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(s) 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(s) 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.
Entrants and winners 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 each entrant’s and/or winner’s heirs, executors, and administrators, and anyone claiming by or through entrant(s) or winner(s).
This Sweepstakes shall be governed by Oregon 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 and federal courts of Oregon 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 a Sponsor 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 PARTICIPANTS AND THE WINNERS UNDERSTAND AND AGREE THAT SPONSORS COULD NOT CONDUCT THIS SWEEPSTAKES, NOR COULD IT OFFER THE PRIZES “BUT FOR” THE ALLOCATION OF RISKS CONTAINED IN THESE SWEEPSTAKES RULES AND EACH PARTICIPANT/WINNER’S AGREEMENT TO THESE SWEEPSTAKES RULES.
TRADEMARKS: the PENDLETON trademark and all other Co-Sponsor trademarks are protected under the United States 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.