The Dakine Instagram Sweepstakes
The Dakine Instagram Sweepstakes (the "Sweepstakes") is a series 4 separate Sweepstakes drawings. The Sweepstakes is subject to these Official Rules except as expressly stated otherwise. No purchase necessary to enter or win. A purchase or payment will not increase your chances of winning. The Sweepstakes is sponsored by Dakine IP Holdings LP 6255 West Sunset Blvd, #650, Los Angeles, CA, 90028. (the “Sponsor”).
3. Sweepstakes Period: There are 4 different drawings and entries. All Sweepstakes begins at or about 8:00 am (“PDT”) and end at 5:59 pm on the launch begin date and end dates specified below, and according to Sponsor’s internal time clock (the “Sweepstakes Period”). During the Sweepstakes Period, Sponsor will conduct four (4) drawings consistent with the launches specified below (“Launch”). Qualified entries not selected in a Drawing will roll over to the next Drawing.
a. Launch 1: Begins May 8, 2019, and ends May 12, 2019
b. Launch 2: Begins May 13, 2019, and ends May 17, 2019
c. Launch 3: Begins May 20, 2019, and ends May 24, 2019
d. Launch 4: Begins May 27, 2019, and ends May 31, 2019
Launch1: Albee Layer - @live.fast.die.old
Launch 2: Carissa Moore - @rissmoore10
Launch 3: Joel Parko - @joelparko
Launch 4: Sane Dorian - @shanedorian
• On each of the launch days listed in Section 4, by 9 AM Pacific Daylight Time, a specially marked post will be made and include the words (GIVEAWAY! Win ‘insert athletes Instagram handle’s’ TRUSTED signature surf kit!) and the hashtag #giveaway. When you see the post, comment, and tag two friends in the comments section, and you’re entered!
Online entries must be received no later than 5:59 pm on the end date of the specific Launch, during the Sweepstakes Period, according to the computer time on Sponsor’s server. Any entries received after 5:59 pm will not be considered. Incomplete, garbled, corrupted or illegible entries are void and will not be accepted. Sponsor is not responsible for lost, late, damaged, delayed, destroyed, misdirected, or incomplete entries. All entries become the property of the Sponsor. Persons discovered entering under multiple identities will be disqualified. Sponsor reserves the right to disqualify false entries or entries suspected of being false. In the event of a dispute as to the identity of a Selected Sweepstakes Entrant, the Selected Entrant will be deemed to be the person in whose name the Instagram account was opened.
5. Odds: Odds of winning a prize depend on the number of eligible entries received.
6. Prizes: [Prize(s)]. There will be four (4) Prizes in total, each consisting of the following:
• 5 Featured Athlete Signature Pro Pads
• 2 Comp Leashes 6’
• 2 Kainui Team Leash 6’
Approximate Retail Value (“ARV”) $316
Total ARV of Prizes: $1264.00
No substitution, transfer, or cash redemption of prize permitted, provided however that Sponsor reserves the right to substitute a prize with another prize of equal or greater value should the advertised prize become unavailable for any reason, and no winner is entitled to any difference between the actual value and the retail value of any prize. Selected Entrant cannot assign or transfer their prize to another person or business. Selected Entrant is solely responsible for any and all federal, state, and local taxes on the prize. If prize notification or any prize is returned as undeliverable, or if Selected Entrant may not accept or receive a prize for any reason, the prize will be forfeited. Sponsor will not make multiple attempts to contact Selected Entrants.
7. Winner Selection and Notification of Selected Entrant:
On or about 6:00 pm on the Launch End date, each qualified entry will be entered into random drawings for the prizes listed by a representative of Sponsor, of all qualified entries received during the Sweepstakes Period to determine one (1) potential winner (“Selected Entrant”). Qualified entries not selected in a particular Launch will not roll over to the next drawing; Entrants will have to enter each drawing separately.
The Selected Entrants will be tagged through Instagram in the comments section and sent a direct message to confirm they are at least eighteen (18) years of age and live in the United States. Mobile charges or messaging rates may apply depending upon your mobile carrier, should Selected Entrant not have internet access. Selected Entrants will have twenty-four (24) hours to respond and claim their prize. If they do not respond with 24 hours a new winner will be selected. Sponsor may randomly select an alternate Selected Entrant from among the remaining eligible entries, up to three (3) attempts. Selected Entrants may also be sent a declaration of eligibility / liability / publicity release (“Release”). Unless restricted by law, Selected Entrants will be required to complete and return the Release within five (5) days from the date of notification. An alternate Selected Entrant may be randomly selected from among the remaining eligible entries if a Selected Entrant, up to three (3) attempts: (i) cannot be reached; (ii) fails to obtain all signatures on the Release and to return the documents in a timely manner as required pursuant to these Official Rules; or (iii) cannot accept or receive the prize for any reason. Selected Entrants will have the Prize sent by mail within eight (8) to ten (10) business days of the date on which the Sponsor receives the Selected Entrant’s address and the completed, signed Release (exact timing subject to change based upon availability of Prize). In the event of a dispute about the identity of an Entrant, each entry will be declared made by the authorized account holder of the Instagram account submitted at the time of entry.
8. Publicity: By participating in the Sweepstakes, any Entrant in the Sweepstakes, irrevocably grants the Sponsor and their respective successors, assigns and licensees, the right to use such Entrant’s, name, and the submitted photograph, the Entrant’s biographical information in any and all media for any purpose, including without limitation, commercial, advertising and promotional purposes as well as in, on or in connection with the Website or the Sweepstakes or other promotions, and hereby release the Sponsor from any liability with respect thereto, unless prohibited by law.
9. General Conditions: By participating, and Except where prohibited, Entrants agree to be fully and unconditionally bound by these Official Rules and the decisions of Sponsor and waive any right to claim ambiguity in the Sweepstakes or these Official Rules. Any portion of the Sweepstakes may be canceled, suspended and/or modified, in whole or in part, if in our opinion any fraud, technical failure or other factors beyond our control impairs the integrity or proper functioning of the Sweepstakes. 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 Sweepstakes or the Website, to be acting in violation of these Official Rules, or to be acting in an unsportsmanlike or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Sweepstakes, 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. You may not enter with multiple identities or use any automated system, bot or other device or artifice to enter or obtain more than the maximum number of qualified entries. Unclaimed prizes will not be awarded. All federal, state or other tax liabilities (including income taxes) arising from this Sweepstakes will be the sole responsibility of Selected Entrant. U.S. Entrants may be issued an IRS Form 1099 for the ARV of any awarded prize. Caution: any attempt to deliberately damage or undermine the legitimate operation of the Sweepstakes may be in violation of criminal and civil laws and will result in disqualification from participation in the Sweepstakes. Should such an attempt be made, Sponsor reserves the right to seek remedies and damages (including attorney fees) to the fullest extent of the law, including criminal prosecution, except where prohibited.
10. Limitations of Liability: If for any reason an entry is confirmed to have been erroneously deleted, lost or otherwise destroyed or corrupted, the Entrant's sole remedy is another entry in the same Sweepstakes during the Sweepstakes Period. Except where prohibited, Selected Entrants also agree to release, discharge, indemnify and hold harmless Sponsor and each of their respective officers, directors, employees, representatives and agents (collectively “Releasees”) from and against any claims, damages, disability, attorneys' fees, and costs of litigation and settlement, as well as any liability due to any injuries, damages or losses to any person (including death) or property of any kind resulting in whole or in part, directly or indirectly, from: (i) use, redemption, acceptance, possession, ownership, or misuse of any prize, (ii) participation in any activity, event, or excursion offered in connection with the prize, (iii) use of any facility, service and/or accommodation related to the prize, or (iv) participation in any Sweepstakes-related activity or participation in this Sweepstakes. The Releasees shall not be liable for: (i) late, lost, delayed, misdirected, incomplete unreadable, inaccurate, garbled or unintelligible entries, communications or affidavits, regardless of the method of transmission; (ii) telephone system, telephone or computer hardware, software or other technical malfunctions, lost connections, disconnections, delays or transmission errors; (iii) data corruption, theft, destruction, unauthorized access to or alteration of entry or other materials; (iv) any injuries, losses or damages of any kind caused by the prize or resulting from acceptance, possession or use of a prize, or from participation in the Sweepstakes; or (v) any printing, typographical, administrative or technological errors in any materials associated with the Sweepstakes. Without limiting the generality of the foregoing, Releasees are not responsible for computer malfunctions, network connections, email delivery problems, systems failure or incompatibility, typographical, technical or key-stroke errors, or interruptions in your internet service, and for incomplete, illegible, misdirected, misprinted, late, lost, damaged or stolen notifications. In the event Sponsor is prevented from continuing with the Sweepstakes as contemplated herein by any event beyond its control, including but not limited to fire, flood, earthquake, explosion, labor dispute or strike, act of G-d or public enemy, or any federal, state or local government law, order, or regulation, or other cause not reasonably within Sponsor’s control (each a "Force Majeure" event or occurrence), then subject to any governmental approval which may be required, Sponsor shall have the right to modify, suspend, or terminate the Sweepstakes. If the Sweepstakes is terminated before the designated end date, Sponsor will (if possible) select the winners from all eligible, non-suspect Submissions received as of the date of the event giving rise to the termination. 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.
11. Disputes: Disputes regarding these Official Rules and/or this Sweepstakes will be governed by the internal laws of New York. Decisions of Sponsor are binding and final. In the event of a dispute as to any entry, the authorized account holder of the Instagram address will be deemed to be the Entrant. No claimant in any dispute involving Sponsor shall be entitled to claim or obtain indirect, punitive, incidental or consequential damages. Sponsor’s failure to enforce any provision in these Official Rules shall not constitute a waiver of that provision.
12. Sweepstakes Results: For Sweepstakes results and/or a copy of these Official Rules, email a request to [email protected] within 90 days of the end of the Sweepstakes. Please specify the name of the promotion in the subject line or body of the email.
© 2019, Dakine IP Holdings LP. All rights reserved.