#find404 Q&A Contest
NO PURCHASE NECESSARY TO ENTER OR WIN.
OPEN ONLY TO LEGAL RESIDENTS OF THE 50 UNITED STATES AND THE DISTRICT OF COLUMBIA WHO ARE 18 YEARS OF AGE OR OLDER. THE PROMOTION IS INTENDED FOR PARTICIPATION ONLY IN THE UNITED STATES AND SHALL BE CONSTRUED ACCORDING TO, AND GOVERNED EXCLUSIVELY BY, UNITED STATES LAW. DO NOT PARTICIPATE IN THE PROMOTION UNLESS YOU MEET THE ELIGIBILITY REQUIREMENTS SET FORTH BELOW AND ARE PHYSICALLY LOCATED IN THE 50 UNITED STATES OR DISTRICT OF COLUMBIA AT THE TIME OF ENTRY.
- PROMOTION PERIOD. The “Contest Period” begins Friday, May 24, 2019 at 1:00pm PDT and ends Monday, June 3, 2019 at 11:59pm PDT. At the end of the Contest Period, a “Random Drawing Period” will begin Tuesday, June 4, 2019 at 12:00am PDT and end Tuesday, June 4, 2019 at 11:59am PDT, and a random drawing will be conducted to select up to six (6) finalists (each a “finalist”) from among all eligible Entries (defined below) received, and as more fully set forth below. At the end of the Random Drawing Period, a “Instagram voting poll” will open on Tuesday, June 4, 2019 at 12:00pm PDT and close on Wednesday, June 5th, 2019 at 11:59am PDT. At the closing of the Instagram voting poll, up to three (3) prize winners will be chosen from the top three (3) finalists with the highest percentage of votes from the Instagram voting poll. Entry in the “#find404 Q&A Contest” on @club404notfound’s Instagram account, posted May 24, 2019 (the “Contest"), does not constitute entry into any other promotion, contest or sweepstakes. By participating in the Contest, each entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of Brud Inc., with an address of BRUD Inc, P.O. Box 861209, Los Angeles, CA 90086-1209 ("Sponsor"), which shall be final and binding in all respects.
- ELIGIBILITY. Open only to legal residents of the 50 United States and the District of Columbia who are 18 years of age or older at the time of entry. Sponsor, their respective parent companies, affiliates, subsidiaries and advertising and promotion agencies and each of their respective officers, directors and employees (collectively, the “Contest Entities") and each of their immediate families (parents, children, siblings, spouse) or members of the same household (whether related or not) are not eligible to enter the Contest or win a prize. All federal, state and local laws and regulations apply. Void where prohibited or restricted by law.
- HOW TO ENTER. To enter the Contest: (1) Find one (1) of @club404notfound’s approximately three hundred (300) wheat pasted #find404 questions around Los Angeles; (2) Take a selfie photo with one (1) of @club404notfound’s wheat pasted #find404 questions; (3) Post your selfie photo featuring one (1) of @club404notfound’s wheat pasted #find404 questions to your Instagram account; (4) Caption your selfie photo with an answer to the #find404 question featured in your selfie photo; (5) Tag your selfie photo with both @club404notfound and #find404. Hereinafter, the aforementioned entry to the Contest shall be referred to as “Entry” and/or “Entries”. Unlimited Entries per Instagram account/handle permitted. All Entries must be received by the end of the Contest Period in order to participate. This website’s database clock will be the official timekeeper for this Contest. In order to be a valid Entry, participants must have a valid Instagram account.
- ENTRY GUIDELINES. By entering, each entrant agrees each of his or her Entries shall comply with the below guidelines (“Guidelines”) and that Sponsor, in its sole discretion, may remove any Entry and disqualify an entrant from the Contest if it believes, in its sole discretion, that the entrant’s Entry fails to conform to the Guidelines. Guidelines: (1) the Entry must include all of the required information requested; (2) the Entry must not in any way disparage Sponsor or any other person or party; (3) the Entry must not contain material that promotes bigotry, racism, hatred or discrimination based on race, gender, religion, nationality, disability, sexual orientation or age; (4) the Entry must not contain material that is inappropriate, indecent, obscene, hateful, tortious, defamatory, slanderous or libelous; (5) the Entry must not contain material that is unlawful, in violation of or contrary to the laws or regulations of the United States; (6) the Entry cannot promote illegal drugs or firearms (or the use of any of the foregoing), or any activities that may appear unsafe or dangerous. By entering, each entrant warrants and represents the following with respect to their Entries: (a) entrant is the sole and exclusive owner of the Entries; (b) the Entries will not infringe on any rights of any third parties. Providing an Entry constitutes entrant’s consent to give Sponsor a royalty-free, irrevocable, perpetual, non-exclusive license to use, reproduce, modify, publish, create derivative works from, and display such Entry in whole or in part, on a worldwide basis, and to incorporate it into other works, in any form, media or technology now known or later developed, including but not limited to on any and all Internet media, including Sponsor’s web sites and properties and on social networking sites (i.e., Facebook, Instagram, YouTube, Twitter etc.), for any legal purpose whatsoever.
- ADDITIONAL ENTRY TERMS. Failure to accurately complete the Entry in a timely fashion will cause an Entry to be void. Proof of submission will not be deemed to be proof of receipt by Sponsor. Contest Entries will be deemed null and void and will be rejected if not submitted through authorized, legitimate channels. The use of any device to automate the entry process is prohibited. Entry must be made by the entrant, and only through Instagram. Entries made by any other individual or any entity, and/or originating at any other website, e-mail address, or social networking account including but not limited to commercial sweepstakes subscription notification and/or entering services, will be declared invalid and disqualified for this Contest. Sponsor reserves the right in its sole discretion to disqualify any individual who is found to be tampering with the entry process or the operation of the Contest or any applicable website, to be acting in violation of these Official Rules, or to be acting in a disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Contest, or to annoy, abuse, threaten or harass any other person, and Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law.
- PRIZES AND ODDS. Three (3) prizes are available. Each specific prize for the Contest will be consist of up to a total of three (3) “CLUB 404 package(s)” (each package may include CLUB 404 socks, 2 limited edition CLUB 404 lighters and a CLUB 404 sticker pack) with each such package having an approximate value of $40, or as determined by the Sponsor in its sole discretion. All costs and expenses incurred in connection with redeeming, accepting or using a prize that is not specifically provided for herein, such as tax, gratuities, personal expenses, and any incidental expenses, are solely the responsibility of the applicable prize winner. Sponsor reserves the right to substitute a prize of comparable or greater value in the event the offered prize is unavailable for any reason. Odds of winning depend on the total number of eligible Entries received. Prize(s) will be awarded only if the potential winner fully complies with these Official Rules. Prize(s) are non-assignable and nontransferable. Prize(s) pictured online, if any, and other Contest materials are for illustrative purposes only. Actual prize(s) may vary from the prize(s) pictured, if any. All details and other restrictions of prize(s) not specified in these Official Rules will be determined by Sponsor in its sole discretion. No cash alternative or substitution of prize(s) will be allowed, except Sponsor reserves the right in its sole discretion to substitute prize(s) of comparable value if any prize is unavailable, in whole or in part, for any reason. Before claiming the prize, a potential prize winner must provide his/her correct name, address, telephone number, email and date of birth to Sponsor at the time of notification. Each potential prize winner may be required to provide a copy of a picture identification and W9, execute an Affidavit of Eligibility, a Liability Release and, where legal, a Publicity Release (collectively, “Prize Claim Documents”). If any potential prize winner fails or refuses to provide the documents requested or sign and return all Prize Claim Documents prior to Thursday, June 6, 2019 at 12:01am PDT such potential prize winner may be disqualified and an alternate potential prize winner may be selected. If a prize winner makes any false statement in any document related to the Contest or any prize related thereto, or if it is discovered that a winner has failed to comply with these Official Rules, the winner will be disqualified. Prize will be provided by Friday, June 21, 2019. Notwithstanding anything to the contrary contained herein, a potential winner of a prize may transfer all or part of his or her prize (e.g. potential winner may transfer up to three (3) of the CLUB 404 package(s) to a third party) only if such transfer is authorized in writing by Sponsor before the transfer is made. Such authorization may be granted or withheld in Sponsor’s sole discretion. The person(s) to whom the prize is transferred must meet the eligibility restrictions set forth in these Official Rules and execute all required Prize Claim Documents. Each prize winner shall be solely responsible for all federal, state and/or local taxes, sales tax, surcharges, service charges, delivery, processing and handling fees, and all other costs, if any, incurred in claiming the prize. Sponsor shall have no liability for any prize that is lost, intercepted or not received by the potential winner for any reason. Each prize winner will be issued a 1099 Tax Form for the retail value of the prize, if any, in the year following the receipt of prize. With respect to non-cash prizes, it may be legally necessary under the United States Internal Revenue Code (as determined by Sponsor in its sole discretion) for the prize winner to pay the amount of any tax before receiving the prize. Sponsor makes no warranties, and hereby disclaims any and all warranties, express or implied, concerning any prize furnished by Sponsor or third parties in connection with the Contest. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SUCH PRIZES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND SPONSOR HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSES AND/OR NON-INFRINGEMENT.
- WINNER NOTIFICATION. The six (6) finalists will be randomly selected from all eligible Entries received, using methods selected in Sponsor’s sole discretion; and the up to three (3) potential winners will be chosen from the top three (3) finalists with the highest percentage of votes from the Instagram voting poll. Each potential winner will be notified on Instagram, either through (i) a post on @lilmiquela’s Instagram account, (ii) a public message, or (iii) a direct message, or through all three. Sponsor shall have no liability for any winner notification that is lost, intercepted or not received by the potential winner for any reason. If, despite reasonable efforts, a potential winner does not respond within one (1) day of the first notification attempt, or if the prize or prize notification is returned as unclaimed or undeliverable to such potential winner, such potential winner will forfeit his or her prize and an alternate winner may be selected. Sponsor will successively attempt to contact up to two (2) potential winners of each prize in accordance with such procedure, and if there is still no confirmed winner of the prize in question after such attempts have been made, the applicable prize may go un-awarded. If any potential winner is found to be ineligible, or if he or she has not complied with these Official Rules or declines a prize for any reason prior to award, such potential winner will be disqualified and an alternate winner may be selected. Winner shall be solely responsible for all federal, state and/or local taxes, if any, and the reporting consequences thereof, and for any other fees, costs and expenses, if any, related to acceptance and use of prize. Limit one prize per person, email address, family, household or address.
- GENERAL RELEASE. It is each entrant’s responsibility to ensure that he/she has complied with the conditions contained in these Official Rules, and each person who enters the Contest does so at their own risk. Entrants agree that the Contest Entities, Instagram, and each of its respective parent companies, affiliates, subsidiaries and advertising and promotion agencies and each of their respective officers, directors and employees (collectively, “Releasees”) and shall not be responsible or liable for any losses, damages, harm, injuries, costs or expenses of any kind resulting from participation in the Contest, and/or entrants’ acceptance, receipt, possession and/or use or misuse of any prize including without limitation, property damage, personal injury and/or death which may occur in connection with, preparation for, travel to, or participation in Contest, or possession, acceptance and/or use or misuse of prize or participation in any Contest-related activity and for any claims based on publicity rights, defamation, invasion of privacy, copyright infringement, trademark infringement or any other intellectual property-related cause of action. To the maximum extent permitted by law, entrant waives any and all rights entrant may have under §1542 of the Civil Code of California, and every like provision in any other domestic and foreign jurisdiction. Section 1542 provides as follows: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.” Contest Entities assume no responsibility for any damage to an entrant’s computer system, or electronic or mobile devices which are occasioned by accessing the Sponsor website or any Releasee’s site or participating in the Contest, or for any computer system, electronic or mobile devices, phone line, hardware, software or program malfunctions, or other errors, failures, delayed computer transmissions or network connections that are human or technical in nature. Without limiting the generality of the foregoing, Sponsor is not responsible for incomplete, illegible, misdirected, misprinted, late, lost, damaged or stolen submissions or prize notifications; or for lost, interrupted, inaccessible or unavailable networks, servers, satellites, internet service providers, websites, or other connections; or for miscommunications, failed, jumbled, scrambled, delayed, or misdirected computer, telephone or cable transmissions; or for any technical malfunctions, failures, difficulties or other errors of any kind or nature including but not limited to any technical malfunctions, failures, difficulties or other errors in connection with “Instagram polls” or “Instagram voting”; or for the incorrect or inaccurate capture of information, or the failure to capture any information. In the event of a dispute as to the identity of the entrant, any Entry will be deemed submitted by the authorized account holder of the user ID from which it was sent, provided such account holder must still meet the eligibility requirements for the Contest. A potential winner may be requested to provide the Sponsor with proof that the potential winner is the authorized account holder of the user ID associated with the winning Entry. If a dispute cannot be resolved to Sponsor’s satisfaction, the Entry will be deemed ineligible. Sponsor reserves the right, without prior notice and at any time, to modify, extend, suspend, or terminate the Contest for any reason. In the event Sponsor is prevented from awarding prizes or continuing with the Contest as contemplated herein by any event beyond its control, including but not limited to fire, flood, natural or man-made epidemic of health of other means, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal state or local government law, order, or regulation, public health crisis, order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control (each a “Force Majeure” event or occurrence), then Sponsor shall have the right to modify, suspend, or terminate the Contest. Any prizes that are not duly claimed in accordance with these Official Rules will not be awarded. By participating in the Contest and redeeming a prize, each winner hereby releases and agrees to hold the Releasees harmless from and against any and all costs, expenses, injuries, losses or damages of any kind, including, without limitation, death and bodily injury, due in whole or in part, directly or indirectly, to participation in the Contest or any Contest-related activity, or the receipt, use or misuse of any prize. The invalidity or unenforceability of any provision of these rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
- GOVERNING LAW; ARBITRATION. All issues and questions concerning the construction, validity, interpretation and enforceability of these official rules or the rights and obligations of the participant or Sponsor in connection with the Contest shall be governed by and construed in accordance with the internal laws of the State of California 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 participating in this Contest, all participants agree that any and all disputes they may have with, or claims they may have against, Sponsor relating to, arising out of or connected in any way with (i) the Contest, (ii) the awarding or redemption of prizes, and/or (iii) the determination of the scope or applicability of this agreement to arbitrate, will be resolved individually, without resort to any form of class or representative action, and exclusively by private, final and binding arbitration administered by the American Arbitration Association (the “AAA”) pursuant to the AAA’s applicable rules of procedure.
- WINNERS LIST. For any legally-required list of winners or a copy of these Official Rules, send a self-addressed, stamped envelope, along with the Contest Period for the Contest you’re interested in, to: BRUD Inc, P.O. Box 861209, Los Angeles, CA 90086-1209 “Attention: Winners List – “#find404 Q&A Contest.”
- NO AFFILIATION. Instagram and Facebook, and each of their respective parent companies, affiliates, subsidiaries, and www.instagram.com (collectively, “Instagram”) are not affiliated with Sponsor nor this Contest. This contest is in no way sponsored, endorsed, or administered by or associated with Instagram.