Eddie Bauer 2019 Holiday Instagram Giveaway Official Rules

NO PURCHASE NECESSARY TO ENTER OR WIN. MAKING A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.

1. Entry Period:

The Eddie Bauer 2019 Holiday Instagram Giveaway (the “Giveaway”) begins at 12:00:01 PM Eastern Time (“ET”) on Friday, December 6, 2019 and ends at 11:59:59 PM ET on Wednesday, December 11, 2019 (the “Giveaway Period”).

2. Eligibility:

The Giveaway is open only to legal residents of Canada (excluding Québec), the fifty (50) United States of America and the District of Columbia who are eighteen (18) years of age or older at the time of entry (“Participant,” entrant” or “you”).

Employees, representatives, agents, influencers, athletes, and paid guides of Eddie Bauer LLC (the “Sponsor”), their parent companies and their respective subsidiaries, affiliates, suppliers of prizes, advertising and promotion agencies involved in the administration, development, fulfillment and execution of this Giveaway (collectively, the “Giveaway Parties”), and the immediate family (spouse, parents, siblings and children) of, and/or those living in the same household of each, are not eligible to enter.

The Giveaway is subject to all applicable federal, state, provincial, territorial, municipal and local laws and regulations. If it is found that a person who does not meet the eligibility criteria set forth in these rules has submitted an entry, that entry will be deemed ineligible. Sponsor reserves the right to verify eligibility requirements. Void outside Canada, the fifty (50) United States of America and the District of Columbia, in the province of Québec and wherever else prohibited by law.

3. How to Enter:

There is no purchase necessary to enter the Giveaway. Making a purchase will not improve your chances of winning. You must have a valid Instagram account to enter the Giveaway.

To enter the Giveaway, (i) locate one (1) of the Giveaway posts posted on Friday, December 6, 2019 and Tuesday, December 10, 2019 by @EddieBauer on Instagram or locate the sponsored Giveaway post posted by @EddieBauer on Instagram (each, a “Giveaway Post”). Once you have located a Giveaway Post, (ii) comment on the applicable Giveaway Post answering the questions asked in the post description, (iii) tag a friend in your comment, and (iv) follow @EddieBauer on Instagram. Additionally, your tagged friend must (i) follow @EddieBauer and (ii) comment on the applicable Giveaway Post answering the questions asked in the post description.

Limit of one (1) entry per Giveaway Post, per person. All Entries become the property of the Sponsor and will not be acknowledged or returned. Entrants are subject to all notices posted online including but not limited to the Sponsor’s Privacy Policy. Entries which are incomplete, illegible, or fraudulent are null and void. Sponsor is not responsible for incomplete, incorrect, or inaccurate capture of entry information. If you enter the Giveaway or comment via a mobile device using your wireless carrier’s network, standard data charges from your wireless carrier may apply.

4. Prizes/Approximate Retail Value (“ARV”)/Odds:

Three (3) prizes are available to be won. Each prize consists of a set of Eddie Bauer gear for the winner and the winner’s tagged friend, consisting of:

The ARV of each prize is between $1,200.00 – $1,374.00 USD. The total ARV for all prizes is between $3,600.00 – $4,122.00 USD. Actual ARV of each prize may vary depending on prize selections.

Odds of winning will depend upon the total number of eligible entries received. All applicable taxes and duties on a prize are the sole responsibility of prize winner. By accepting a prize, the prize winners agree to release the Giveaway Parties from any and all liability whatsoever for any injuries, losses, or damages of any kind caused by entering the promotion or for damages of any kind caused by a prize or resulting from acceptance, possession, or use/misuse of prize awarded. Prizes are not exchangeable or transferable. There are no substitutions unless specified by the Sponsor. The Sponsor reserves the right in its sole discretion to substitute a portion of a prize with another prize of equal or greater value.

5. Prize Conditions:

All expenses related to the acceptance or use of a prize are the sole responsibility of prize winners. Sponsor reserves the right to use any and all information related to the Giveaway for promotional, marketing and any other purpose, including online announcements unless prohibited by law. The winners will be required to complete an online Affidavit of Eligibility & Liability / Publicity Release form as a condition of acceptance of a prize.

6. Random Drawing:

Three (3) potential winners will be selected from among all eligible entries received during the Giveaway Period in a random drawing to be held on or about Thursday, December 12, 2019. The random drawings will take place at the offices of the Administrator, whose decisions are final.

7. Winner Notification:

The potential winners will be notified by @EddieBauer through direct message to the Instagram account used to enter on or about Thursday, December 12, 2019. If an eligible winner cannot be contacted within forty-eight (48) hours of notification, or if there is a return of any notification as undeliverable; then he/she may, in the sole and absolute discretion of the Sponsor, be disqualified (and, if disqualified, will forfeit any and all rights to the applicable prize) and the Sponsor reserves the right, in its sole and absolute discretion to randomly select an alternate eligible entrant for the applicable prize in a separate random drawing from the remaining eligible entries submitted and received in accordance with these Official Rules.

No one is a winner unless and until the Sponsor officially confirms him/her as a winner in accordance with these Official Rules.

Before being confirmed as a winner, the potential winners will be required to complete an Affidavit of Eligibility & Liability / Publicity Release form (the “Release”) within forty-eight (48) hours of notification. The potential winners will be required to provide their name, mailing address, City, State or Province, Zip Code or Postal Code, Date of Birth, Phone number, and Email Address to confirm eligibility and for prize fulfilment purposes within forty-eight (48) hours of notification. If a potential winner is a Canadian resident, he/she will be required to correctly answer a time-limited skill-testing question without any assistance in order to become a winner. The skill-testing question may be part of the Release or may be provided separately.

Noncompliance will result in disqualification and an alternate winner may be selected in a separate random drawing. from the remaining eligible entries submitted and received in accordance with these Official Rules.

Prize packages will be shipped to the address provided on the winner’s Affidavit of Eligibility & Liability / Publicity Release form within approximately 30 days after the end of the Giveaway Period.

Prizes are not assignable, nor transferable. No substitution is permitted except if a prize is unavailable, in which case a prize of equal or greater value will be awarded. No cash in lieu of the prize and no exchange or substitution of the prize, except at the sole discretion of the Sponsor. Any other incidental expenses on prize not specified herein are the winner’s sole responsibility.

8. Publicity:

Except where prohibited by law, entry and acceptance of a prize constitutes permission to use winner’s entry, name, prize won, hometown, likeness, 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 limitation and additional compensation, notification or permission.

9. Limitation of Liability:

By participating in the Giveaway and as a condition of acceptance of a prize, each entrant, his/her heirs, executors, administrators and assigns, releases, waives, discharges, and holds harmless the Sponsor, its parent companies, and their respective subsidiaries, affiliates, suppliers of prizes, advertising and promotion agencies involved in the administration, development, fulfillment and execution of this Giveaway (collectively, the “Released Parties”) from, and against any and all loses, damages, rights, claims, actions, causes of action, personal injury, property damage or death (including without limitation any and all costs and liabilities of any kind including but not limited to lawyer’s fees), and including, without limitation, any such arising from any act of negligence of the Releases Parties, that the entrant now has, or may hereafter have against the Released Parties directly or indirectly resulting from participation of the Giveaway or the awarding, acceptance, use, or misuse of a prize. Winner assumes all liability for any injury or damage caused or claimed to be caused by participation in this Giveaway or use/misuse or redemption of a prize.

10. General:

Sponsor is not responsible for any typographical or other error in the printing of the offer, administration of the Giveaway or in the announcement of the prizes.

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 entry materials, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions of any kind, or inaccurate transmission of or failure to receive entry information by Sponsor on account of technical problems or traffic congestion on the Internet or at any website or any combination thereof; or (iii) any injury or damage to Participant’s or any other person’s computer related to or resulting from participating in the Giveaway.

By participating in the Giveaway, 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, which are final and binding in all matters relating to the Giveaway. Failure to comply with these official rules may result in disqualification from the Giveaway. Sponsor reserves the right to: (i) permanently disqualify from any Giveaway it sponsors any person it believes has intentionally violated these Official Rules; and (ii) withdraw a method of entry if it becomes technically corrupted (including if a computer virus or system malfunction inalterably impairs its ability to conduct the Giveaway). If for any reason this Giveaway is not capable of running as planned due to an infection by a computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of the Sponsor which corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Giveaway, the Sponsor reserves the right at its sole discretion, to disqualify any individual who tampers with the entry process, and to cancel, terminate, modify or suspend the Giveaway, at which time, Sponsor will conduct a random drawing from among all eligible entries received at the time of the Giveaway termination.

11. Disputes:

Except where prohibited, Participants agree that any and all disputes, claims and causes of action arising out of, or connected with, the Giveaway or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in the State of Washington. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, entrant’s rights and obligations, or the rights and obligations of the Sponsor in connection with the Giveaway, shall be governed by, and construed in accordance with, the laws of the State of Washington without giving effect to any choice of law or conflict of law rules (whether of the State of Washington or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Washington. The remedy for any claim shall be limited to actual damages, and in no event shall any party be entitled to recover punitive, exemplary, consequential, or incidental damages, including attorney’s fees or other such related costs of bringing a claim, or to rescind this agreement or seek injunctive or any other equitable relief.

THE PARTIES HEREBY WAIVE THEIR RIGHT TO JURY TRIAL WITH RESPECT TO ALL CLAIMS AND ISSUES ARISING OUT OF OR RELATING TO THIS AGREEMENT WHETHER SOUNDING IN CONTRACT OR TORT AND INCLUDING ANY CLAIM FOR FRAUDULENT INDUCEMENT THEREOF.

12. Privacy:

Personal information collected from Participants is subject to the Sponsor’s Privacy Policy, which can be found at https://www.eddiebauer.com/content/privacy-and-security.

13. Official Rules Request:

For a copy of the Official Rules, see https://www.eddiebauercontest.com or send an email to sup@raven5.com with subject line: Eddie Bauer 2019 Holiday Instagram Giveaway Official Rules Request. All requests must be received by Friday, December 20, 2019 at 11:59:59 PM ET. Requests received after this time will not be fulfilled.

14. Winner Confirmation Request:

For a written confirmation of the winner (available after Friday, December 13, 2019), send an email to sup@raven5.com with subject line: Eddie Bauer 2019 Holiday Instagram Giveaway Winner Confirmation Request. All requests must be received by Friday, December 27, 2019 at 11:59:59 PM ET. Requests received after this time will not be fulfilled.

15. Sponsor:

Eddie Bauer LLC, 10401 NE 8th Street, Suite 500, Bellevue, WA 98004.

16. Administrator:

RAVEN5 Ltd., B9-461 North Service Road W., Oakville, ON L6M 2V5.

 

Void outside Canada, the fifty (50) United States, the District of Columbia, in the province of Québec and wherever else prohibited by law. The Giveaway is in no way sponsored, endorsed or administered by, or associated with Instagram. Instagram is hereby completely released of all liability by each entrant in this Giveaway.  Any questions, comments or complaints regarding the Giveaway must be directed to the Administrator and not to Instagram.

2019 RAVEN5 Ltd. All rights reserved. These Official Rules may not be copied, edited, or used for any other purpose, commercial or otherwise, without the express written consent of RAVEN5 Ltd.