By participating in The Kingsize “Win a Wardrobe for Life” Sweepstakes (the “Sweepstakes”), each participant (“Sweepstakes Entrant” or “Entrant”) unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of FullBeauty Brands, Inc. (the “Sponsor”), which shall be final and binding in all respects.
ELIGIBILITY: The Sweepstakes is open to legal residents of the 50 United States, including the District of Columbia), who are age 18 or older at the time of entry., Puerto Rico, Guam, the U.S. Virgin Islands, outside the U.S., and wherever else prohibited by law. Employees of the Sponsor its subsidiaries, affiliates, advertising and promotion agencies, and the immediate family members (spouses, parents, grandparents, children, and siblings and their respective spouses) of, and/or those living in the same household of each, are not eligible to enter. The Sweepstakes is subject to all applicable federal, state and local laws and regulations. In the event that the Sweepstakes is challenged by any regulatory authority, Sponsor reserves the right to discontinue or modify the Sweepstakes or to disqualify participants in the affected geographic areas.
SWEEPSTAKES ENTRY PERIOD: The Sweepstakes begins at 12:00:01 AM Eastern Time (“ET”) on Friday, February 1, 2019 and ends at 11:59:59 PM ET on Monday, September 30, 2019 (the “Sweepstakes Entry Period”). The Sponsor’s computer is the official timekeeping device for this Sweepstakes.
HOW TO ENTER: Submit an original Photo (the “Photo”) of yourself wearing an article of Kingsize clothing. The Photo must be submitted through one of the methods below:
Method #1: Online Entry. During the Sweepstakes Entry Period, visit https://www.kingsize.com/customerofthemonth the “Sweepstakes Website”), follow the instructions to upload your Photo and complete the entry form and submit (the “Online Entry”).
Method #3: Facebook Entry. During the Sweepstakes Entry Period, log in to your Facebook account, follow KingSizeDirect on Facebook, and upload and share your Photo to your public Facebook account in a single post, including the hashtags #WEAREKINGSIZE #SweepstakesEntry and tagging @KingSizeDirect in the photo caption (the “Faecbook Entry”). Instagram Sweepstakes Entrant’s Instagram settings must be public. Instagram Sweepstakes Entries uploaded from “private” Instagram accounts will not be eligible. By submitting an Instagram Entry, Entrants agree to Facebook's Terms of Service.This Promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook Inc.
Method #4: Mail In Entry. During the Sweepstakes Entry Period, send a 3x5 postcard listing your name, age, address and email address to Sponsor at the address below, to the attention of “KingSize Sweepstakes Entry”.
IMPORTANT: MESSAGE AND DATA RATES MAY APPLY TO USE OF MOBILE PHONE/DEVICE IN CONJUNCTION WITH PARTICIPATION IN PROMOTION (AS APPLICABLE). FACEBOOK AND INSTAGRAM ARE FREE TO DOWNLOAD AND AVAILABLE FOR iPHONE FROM THE APPLE APPLICATION STORE AND FOR ANDROID FROM THE GOOGLE PLAY STORE.
Sponsor may not receive Entries from Facebook or Instagram users with “protected” updates or profiles that are not public (i.e. user has set the Account so that only people the user has approved can view updates). Facebook and Instagram posts not received by the Sponsor will not be entered into the Sweepstakes. Multiple participants are not permitted to share the same email address, Facebook account or Instagram account. Incomplete Entries will not be accepted and are void.
All Online Entries, Facebook Entries and Instagram Entries shall be collectively referred to herein as “Online Entries.” All Online Entries, together with the Main In Entries shall be considered “Entries.” All Entries must be received during the Sweepstakes Entry Period. There is a limit of one (1) Entry per person per day regardless of the method of entry. All methods of entry have an equal chance of winning. Any additional Entries received from any person within the same day will be void and will be disqualified. For the purposes of this Sweepstakes, a “day” is defined as the twenty-four (24) hour time period commencing at 12:00:01 AM ET and ending at 11:59:59 PM ET.
Each Online Entry must include an original Photo. Online Entries submitted with a Photo that have already been submitted or that are substantially the same as a previously submitted Photo as determined by the Sponsor in its sole discretion, will be disqualified.
Once an Entry is submitted it cannot be modified by an Entrant. Sponsor is not responsible for lost, late, incomplete, illegible, garbled, inaccurate, invalid, misdirected, undelivered, or delayed Entries. No altered or incomplete submissions will be accepted.
ENTRY REQUIREMENTS & CONDITIONS: All Online Entries must comply with the following minimum guidelines to be eligible:
- Photo must show the Entrant wearing an item from the Kingsize brand.
- Entry must conform to the format and size requirements and limitations of the Sweepstakes Website, Twitter or Instagram.
- Entry cannot contain content that is irrelevant to or inconsistent with the purpose of the Sweepstakes.
- Once an Entry has been submitted, it cannot be modified or deleted by Entrant.
- Each submitted Photo and Statement must be original.
- No duplicate Photos or Statements or substantially similar Photos and Statements, as determined by the Sponsor’s in its sole discretion, may be submitted.
- By submitting a Photo taken by a third party, Entrant warrants and represents that he/she has secured all rights and clearances to the Photo from the photographer.
- Entry cannot be profane, pornographic, sexually explicit or suggestive or contain nudity.
- Entry cannot be violent or promote firearms/weapons.
- Entry cannot promote alcohol, illegal drugs or tobacco.
- Entry cannot defame, misrepresent or contain disparaging remarks about people, brands, products or companies.
- Entry cannot contain content that defaces or depicts any person, brand, product or company in a negative or inappropriate manner.
- Entry cannot be obscene or offensive, endorse any form of hate or hate group or be derogatory to any ethic, racial, gender, religious, professional or age group.
- Entry cannot reference or contain materials embodying copyrighted images, names, likenesses or other indicia identifying any brand, products, company or person, living or dead, without permission.
- Entry cannot communicate messages or images inconsistent with the positive images and/or goodwill to which Sponsor, Twitter and Instagram wish to associate.
- Entry cannot depict illegal activity and cannot itself be in violation of any law.
- Entry cannot in any way reference persons or organizations without written permission from any person or organization whose name or likeness is used.
- Entry may not include images of a known celebrity, famous or well-known person or any image which violates the right of privacy or publicity of any person.
- Photo and/or Statement cannot have been submitted previously in a promotion of any kind or won any previous awards.
By submitting an Online Entry, the Entrant understands and grants to the Sponsor an irrevocable, perpetual, non-exclusive worldwide license to use his/her Online Entry, Photo, name, hometown and likeness on the Sponsor’s various websites and social media sites and in advertising and/or promotional activities worldwide without compensation, permission or notification. Sponsor reserves the right in its sole and absolute discretion to alter, change or modify any Entry, which includes the Photo.
By submitting an Online Entry, Sweepstakes Entrant warrants and represents that: (a) the Online Entry, Photo do not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other legal or moral rights of any person or entity; (b) Sweepstakes Entrant has obtained written permission from any person who may appear or is mentioned in the Photo; (c) Sweepstakes Entrant owns all rights to the Photo, including without limitation, copyrights, and has received prior written permission from a third party if any Photo was photographed by someone other than the Sweepstakes Entrant him/herself; and (d) Sweepstakes Entrant will indemnify and hold harmless the Sponsor, Administrator and related entities, agents and assigns from any claims and damages (including reasonable attorneys' fees) arising from or relating to the breach or alleged breach of your representations and warranties herein, the Online Entry, or Sweepstakes Entrant’s conduct in creating the Online Entry, the acceptance or use of any prize or otherwise in connection with this Sweepstakes
SWEEPSTAKES ENTRIES POSTED TO THE SWEEPSTAKES WEBSITE ARE THE VIEWS/OPINIONS OF THE INDIVIDUAL SWEEPSTAKES ENTRANT AND DO NOT REFLECT THE VIEWS OF SPONSOR IN ANY MANNER.
PRIZES/APPROXIMATE RETAIL VALUE (“ARV”):
Grand Prize: One (1) Grand Prize will be awarded on or about September 30th 2019. The Grand Prize consists of a KingSize Branded Gift Card in the amount of six thousand dollars ($6,000), which is not redeemable for cash and will not be replaced if lost or stolen. Gift card cannot be used as payment on KingSize Platinum Credit Card accounts. Gift card usage is subject to the issuing company’s complete terms and conditions, including expiration dates. KingSize Gift Card terms and conditions can be found at https://www.kingsizedirect.com/c/giftcard-landing-asset-ks.html#ks-terms
Grand Prize Calculation: The Grand Prize value was calculated by taking the average spending habits of Kingsize customers in 2018 multiplied by 20 years, which is the time period considered “life” for purposes of this Sweepstakes. This calculation does not include any adjustments based on inflation, taxation, or any other factors.
First Prizes: Eight (8) First Prizes will be awarded. Each First Prize winner will receive one (1) $100 KingSize Gift Card. The ARV of each First Prize is $100. The total ARV for all First Prizes is $700. Gift cards are not redeemable for cash and will not be replaced if lost or stolen. Gift cards cannot be used as payment on KingSize Platinum Credit Card accounts. Gift card usage is subject to the issuing company’s complete terms and conditions, including expiration dates. KingSize Gift Card terms and conditions can be found at https://www.kingsizedirect.com/c/giftcard-landing-asset-ks.html#ks-terms
The total ARV of all prizes to be awarded: $6,700.
JUDGING & WINNER DETERMINATION: The eight (8) First Prize winners will be randomly selected by computer.
First Prize Drawings: Will occur on or about the 1st day of each month selected from among the pool of entrants, starting in March 2019 and ending September 2019. First Prize winners will not be eligible for subsequent First Prize drawings.
Grand Prize Drawing: After being selected and confirmed as a First Prize Winner, all First Prize Winners will be automatically entered into the drawing for the (1) Grand Prize which will occur on or about September 30th, 2019. In order to be eligible to be entered into the Grand prize, the First Prize Winner must met all stated criteria and follow the notification/verification process as indicated below.
Sponsor reserves the right to not award all prizes if, in its sole discretion, an insufficient number of eligible entries are received. Judging scores will not be made public or shared.
SWEEPSTAKES WINNER NOTIFICATION & VERIFICATION:
Grand Prize: In the event the potential Grand Prize winner entered via Facebook or Instagram Entry, such potential Grand Prize winner will be notified by the Sponsor via direct message and/or Photo Comment to his/her public Facebook or Instagram account (the “Initial Notification”) on/around Monday, September 30, 2019. Otherwise, To begin the prize claim process, the potential winner must respond as instructed to the Initial Notification with his/her full name and e-mail address within forty-eight (48) hours of the Initial Notification. Within three (3) days of confirmation of the information received from potential Grand Prize winner in response to Initial Notification, such potential Grand Prize winner will receive a second notification via email from The Sponsor (the “Second Notification”) and will be required to complete and return an Affidavit of Eligibility, a Liability Waiver, an IRS W-9 Form and where allowable, a Publicity Release (collectively, "the Releases") within three (3) days of the Second Notification to be declared the Grand Prize winner. Travel Companion of winner will also be required to sign a Travel Companion Liability & Publicity Release.
If the potential Grand Prize winner entered via Online Entry, such potential Grand Prize winner will be notified by the Administrator via email (the “Email Notification”) on/around Monday, September 30, 2019 and required to complete and return the Releases within three (3) days of email notification to be declared the Grand Prize winner.
The Grand Prize will be awarded within approximately four (2) to six (4) weeks after Grand Prize winner is verified.
First Prize: In the event a potential First Prize winner entered via Facebook Entry or Instagram Entry, such potential First Prize winner will be notified by the Sponsor via direct message and/or Photo Comment to his/her public Facebook or Instagram account on/around the 1st of each month from March 2019 through Oct 2019. To begin the prize claim process, the potential First Prize winner must respond as instructed to the Notification with his/her full name, Instagram/Facebook ID, email address, mailing address and date of birth within forty-eight (48) hours of the Notification. Any potential First Prize winner who does not reply to the Notification with the required information and within the specified time period will be disqualified and an alternate First Prize winner may be notified.
If a potential First Prize winner entered via Online Entry, such potential First Prize winner will be notified by the Administrator via email on/around Monday, September 30, 2019 and requested to confirm his/her full name, email address, mailing address and date of birth within 48 hours of Email Notification. Any potential First Prize winner who does not reply to the Email Notification with the required information and within the specified time period will be disqualified and an alternate First Prize winner may be notified.
First Prizes will be awarded within approximately four (4) to six (6) weeks after First Prize winners are confirmed.
If a winner is otherwise eligible under these Official Rules but is nevertheless deemed a minor in his or her state of primary residence, the prize will be awarded in the name of winner's parent or legal guardian who will be required to execute and return the Releases on minor’s behalf.
PRIZE CONDITIONS: If any notification or prize is returned as undeliverable, or if potential Grand Prize winner or First Prize winner is found to be ineligible or not in compliance with these Official Rules he/she will be disqualified.
Prizes are not redeemable for cash. Prizes are not assignable nor transferable, unless otherwise indicated by the Sponsor. No substitution is permitted except if prize is unavailable, in which case a prize of equal or greater value will be awarded. No cash in lieu of prize and no exchange or substitution of prize, except at the sole discretion of the Sponsor. Any other incidental expenses on prize not specified herein are the winner’s sole responsibility.
Winners are responsible for all federal, state, local and income taxes associated with winning prize. Grand Prize winner will be required to furnish his/her Social Security Number for the sole purpose of preparation of tax forms as required by law.
Except where prohibited by law, entry and acceptance of prize constitute permission to use winner’s name, social media username, prize won, Photo, Statement, hometown, likeness, social media profile, video tape, photographs, and statements for purposes of advertising, promotion and publicity (including online posting) in any and all media now or hereafter known throughout the world in perpetuity, without additional compensation, notification or permission.
GENERAL: Participating Entrants agree to these Official Rules and the decisions of the Administrator and the Sponsor, and release and hold the Sponsor, the Administrator, Twitter, Inc., Instagram, LLC, and their affiliated companies, and all other businesses involved in this Sweepstakes, as well as the employees, officers, directors and agents of each (the “Released Parties”), from all claims and liability relating to their participation in the Sweepstakes, and the acceptance and use/misuse of the prize offered. Entrants waive all rights to claim punitive, incidental and consequential damages. Winners assume all liability for any injury or damage caused or claimed to be caused, by participation in this Sweepstakes or use/misuse or redemption of a prize. Sponsor is not responsible for any typographical or other error in the printing of the offer, administration of the Sweepstakes or in the announcement of any prize.
No confidential relationship is established by any Sweepstakes Entrant and the Sponsor as a result of participating in the Sweepstakes. None of the information submitted by the Sweepstakes Entrant will be treated as trade secrets, confidential information or as protected data.
Although subsequent attempts to submit an Entry on a given day may be received, only the first complete Entry received from a particular Entrant will be eligible; subsequent attempts by the same person to Enter, including entries submitted with an alternate email address, Twitter account, Instagram account, or identity will be disqualified. In the event of a dispute over the identity of an entrant, submission will be deemed submitted by the "Authorized Account Holder" of the email address submitted by the Sweepstakes Entrant or the Twitter or the Instagram account from which the entry is submitted. Authorized Account Holder means the natural person to whom the email address, Twitter or Instagram account is registered. Any entrant or potential winner may be required to show proof of being the authorized account holder to Sponsor’s satisfaction. Entry materials/data or that have been tampered with or altered, or mass entries or entries generated by a script, macro or use of automated devices are void. The Released Parties are not responsible for: (i) lost, late, misdirected, damaged or illegible entries; or (ii) error, omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to or alterations of submission materials, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions of any kind, or inaccurate transmission of or failure to receive submission information by Sponsor on account of technical problems or traffic congestion on the Internet or at any web site or any combination thereof; or (iii) any injury or damage to entrant's, or any other person's computer related to or resulting from participating in the Sweepstakes. By participating in the Sweepstakes, you (i) agree to be bound by these Official Rules, including all eligibility requirements, and (ii) agree to be bound by the decisions of Sponsor and the Administrator, which are final and binding in all matters relating to the Sweepstakes. Failure to comply with these Official Rules may result in disqualification from the Sweepstakes. Sponsor reserves the right to: (i) permanently disqualify from any Sweepstakes it sponsors any person it believes has intentionally violated these Official Rules; and (ii) withdraw any method of entry if it becomes technically corrupted (including if a computer virus or system malfunction inalterably impairs its ability to conduct the Sweepstakes). If, for any reason, the Sweepstakes is not capable of being conducted as planned, including but not limited to infection by computer viruses, bugs, tampering, unauthorized intervention, fraud, technical failures or other causes whether or not beyond the control of Sponsor, Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Sweepstakes. Sponsor is not responsible if the Sweepstakes cannot be implemented or prizes cannot be awarded due to delays or interruptions due to acts of God, acts of war, strikes, governmental action, natural disasters, weather or acts of terrorism. Sponsor also reserves the right in its sole discretion to disqualify any individual found to be violating these Official Rules or suspected of attempting to disrupt or defraud the Entry process or the operation of the Sweepstakes. Sponsor reserves the right to disqualify any Entrant at any time during the Sweepstakes Period that may be found ineligible.
In the event any participant engages or has engaged in behavior that (as determined by Sponsor in Sponsor's sole discretion) is obnoxious or threatening, illegal or that tends to annoy, abuse, threaten, disparage or harass any other person or company including the Sponsor or is otherwise inappropriate, the Sponsor reserves the right to disqualify the Entrant or winner and void any Sweepstakes Entries of said person.
LEGAL WARNING: ANY ATTEMPT BY AN INDIVIDUAL, WHETHER OR NOT A PARTICIPANT OR SWEEPSTAKES ENTRANT, TO DAMAGE, DESTROY, TAMPER OR VANDALIZE THIS WEB SITE OR INTERFERE WITH THE OPERATION OF THE SWEEPSTAKES, IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND DILIGENTLY PURSUE ALL REMEDIES AGAINST ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
GOVERNING LAW AND LIMITATION OF LIABILITY: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of entrants, Sponsor or the Released Parties in connection with the Sweepstakes will 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 laws.
BY ENTERING THE SWEEPSTAKES, ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (A) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SWEEPSTAKES, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (B) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED TEN DOLLARS ($10.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (C) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES NOT TO EXCEED TEN DOLLARS ($10.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (D) ENTRANTS’ REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.
DISPUTES: The parties hereto each agree to finally settle all disputes only through arbitration; provided, however, the Released Parties shall be entitled to seek injunctive or equitable relief in the state and federal courts in New York, New York and any other court with jurisdiction over the parties. In arbitration, there is no judge or jury and review is limited. The arbitrator’s decision and award is final and binding, with limited exceptions, and judgment on the award may be entered in any court with jurisdiction. The parties agree that, except as set forth above, any claim, suit, action or proceeding arising out of or relating to this Sweepstakes shall be resolved solely by binding arbitration before a sole arbitrator under the streamlined Arbitration Rules Procedures of JAMS Inc. (“JAMS”) or any successor to JAMS. In the event JAMS is unwilling or unable to set a hearing date within fourteen (14) days of the filing of a “Demand for Arbitration”, then either party can elect to have the arbitration administered by the American Arbitration Association (“AAA”) or any other mutually agreeable arbitration administration service. If an in-person hearing is required, then it will take place in New York, New York. The federal or state law that applies to these Official Rules will also apply during the arbitration. Disputes will be arbitrated only on an individual basis and will not be consolidated with any other proceedings that involve any claims or controversy of another party, including any class actions; provided, however, if for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then the agreement to arbitrate doesn’t apply and the dispute must be brought in a court of competent jurisdiction in New York, New York. Sponsor agrees to pay the administrative and arbitrator’s fees in order to conduct the arbitration (but specifically excluding any travel or other costs of entrant to attend the arbitration hearing). Either party may, notwithstanding this provision, bring qualifying claims in small claims court.
OFFICIAL RULES REQUEST: To request a copy of the Official Rules, see http://kingsizedirect.com/gallery#gallery-term-condition or send a self-addressed, stamped envelope to be received no later than October 1, 2019 to: Kingsize “Win a Wardrobe for Life” Sweepstakes Official Rules Request, FullBeauty Brands, Inc., 1 New York Plaza, 14thFloor, New York, NY 10004.
WINNER CONFIRMATION REQUEST: For a written confirmation of the winners, send a stamped, self-addressed envelope (Vermont residents may omit return postage) by December 1, 2019 to: Kingsize “Win a Wardrobe for Life” Sweepstakes Official Rules Request, FullBeauty Brands, Inc., 1 New York Plaza, 14thFloor, New York, NY 10004.
SPONSOR: FullBeauty Brands, Inc., 1 New York Plaza, 14thFloor, New York, NY 10004.
Void, outside the US, in Puerto Rico, and wherever else prohibited by law.