FLEX INSTAGRAM CONTEST
- follow our account on Instagram (@flexisfun)
- tag a friend in one of our photos between 9/16/2016 11PM (PST) and 9//2016 11PM (PST).
THE FLEX COMPANY
Year of FLEX Instagram Sweepstakes
THESE OFFICIAL RULES.
This Promotion is open to legal residents of the United States only. Participants must be over the age of 18 at the time of entry. NO PURCHASE NECESSARY TO ENTER OR CLAIM A PRIZE. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
The Year of FLEX Sweepstakes (the “Promotion”) begins at 12:01 a.m. EST on September 16, 2016 (the “Promotion Start Date”) and ends at 11:59 p.m. EST on September 23, 2016 (the “Promotion End Date”), such period referred to herein as the “Promotion Period.” The Promotion is sponsored by the Flex Company (the “Promotion Sponsor”). The Promotion Sponsor’s computer is the official clock for the Promotion. The Promotion is in no way sponsored, endorsed or administered by, or associated with Instagram or Apple. You are providing your information to the Promotion Sponsor and not to Instagram or Apple.
- How to Enter: To enter the Promotion:
- follow our account on Instagram (@flexisfun)
- tag a friend in one of our photos between 9/16/2016 12:01am (PST) and 9/23/2016 11:59pm (PST).
By entering the Promotion, you agree that you have read and will abide by these Official Rules.
Participation in the Promotion is voluntary and does not require you to purchase anything from the Promotion Sponsor. To enter by mail, please print your first name, last name, address, telephone number, date of birth and e-mail address on a three-by-five-inch card. Place the card in an envelope, affix first-class postage, and send it to the Promotion Sponsor at the address below in Section 8, with attention to Year of FLEX Sweepstakes. You will receive one (1) entry. No illegible, incomplete, forged, mechanically produced or altered entries will be accepted. All entries must be received by the Promotion End Date. All entries become the property of the Promotion Sponsor and will not be returned. Submitted entries will not be acknowledged. Proof of submission of an entry does not constitute proof of receipt by Promotion Sponsor.
- Prize: There will be one (1) prize offered to the winner of the Promotion, consisting of:
- An Apple Watch Sport with a retail price of no more than $269 (approximate retail value of $269); and
- 96 units of FLEX to be delivered to winner in a one-time shipment of four 24-count boxes of FLEX (approximate retail value of $180).
Odds of winning are affected by the number of eligible entries received by the Promotion Sponsor by the Promotion End Date. Total approximate retail value of all prizes: USD $449. All expenses not expressly set forth herein, including, without limitation, any fees charged by Apple in connection with usage plans or other services, are the sole responsibility of winner. Allow 4-6 weeks after validation of arrangement for receipt of prize. There is no substitution, cash equivalent or transfer of prizes allowed. The Promotion Sponsor reserves the right to substitute prizes of equal or greater value. No other substitution or transfer of prizes permitted. The Promotion Sponsor is responsible only for prize delivery; not responsible for prize utility, quality or otherwise. All federal, state and local taxes, if any, are the responsibility of the winner. In order to receive a prize, winner may be required to provide proof of identification.
- Eligibility: The Promotion is open to legal residents of the 50 United States, the District of Columbia who are at least 18 years old at the time of entry.
- Selection of Winners: On or about [September 30, 2016] (the “Drawing Date”), the Promotion Sponsor will select the winner. The winner will be selected in a random drawing from all eligible entries received by the Promotion End Date. The choice of winner is final and binding and not subject to review or appeal. The winner will be announced on the Promotion Sponsor’s Instagram page located at https://www.instagram.com/flexisfun and notified by e-mail using the information provided on the entry form within thirty (30) days of the Drawing Date.
In the event the winner does not accept the prize within five (5) days of such notice, the winner is ineligible, or the prize or prize notification is not deliverable, an alternate winner may be contacted. The Promotion Sponsor is not responsible for and shall not be liable for late, lost, misdirected or unsuccessful efforts to notify winners. The winner agrees to the use of his/her name, address (by reference only to the city and state), likeness, and/or prize information by Promotion Sponsor for the administration of the Promotion and for the Promotion Sponsor’s promotional purposes in any medium without additional permission or compensation to the extent permitted by law. Where lawful, the winner may be required to sign and return a Publicity Consent and Liability Release.
- Conditions: The Promotion Sponsor, Instagram and Apple and their respective agents, directors, officers, shareholders, employees, insurers, servants, parents, subsidiaries, divisions, affiliates, predecessors, successors, representatives, advertising, promotion, and fulfillment agencies, and legal advisors (the “Released Entities”), are not responsible for, shall not be liable for, and hereby disclaim (to the fullest extent permitted by law), all liability arising from or relating to: (i) late, lost, stolen, delayed, damaged, misdirected, misaddressed, incomplete, unintelligible or postage-due entries; (ii) telephone, electronic, hardware or software program, network, Internet, computer or other malfunctions, failures, or difficulties of any kind, whether human or technical; (iii) failed, incomplete, garbled, or delayed computer or e-mail transmissions; (iv) any condition caused by events beyond the control of the Promotion Sponsor; (v) any injuries, losses, or damages of any kind arising in connection with or as a result of the prize, or acceptance, possession, or use of the prize, or from participation in the Promotion; or (vi) any printing or typographical errors in any materials associated with the Promotion. The Promotion Sponsor reserves the right, in its sole discretion, to suspend, modify or cancel the Promotion should any unauthorized human intervention or other causes beyond the Promotion Sponsor’s control corrupt or affect the administration, security, fairness or proper conduct of the Promotion. In the event that proper administration of the Promotion is prevented by such causes as contemplated above, the Promotion Sponsor will select the winners from all eligible, non-suspect entries received prior to such occurrence. In the event of a dispute as to the identity of a winner based on an email address, the winning entry will be deemed to be made by the authorized account holder of the email address at time of entry. “Authorized account holder” is the natural person who is assigned an email address by an internet service provider or other organization responsible for assigning email addresses for the domain associated with the email address in question. By participating in the Promotion, participants and winners agree to release, discharge and hold harmless the Released Entities, and all others associated with the development and execution of the Promotion, from any and all losses, damages, rights, claims and actions of any kind arising out of or relating to the Promotion, participation in the Promotion, the prize, and/or acceptance, possession, use or misuse of the prize, including but not limited to statutory and common law claims for misappropriation or participant’s right of publicity. This Promotion shall be governed by California law.
- ARBITRATION AGREEMENT: PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.
- Agreement to Arbitrate. This Section 6 is referred to in these Official Rules as the “Arbitration Agreement.” You agree that any and all disputes or claims that have arisen or may arise between you and Sponsor, whether arising out of or relating to these Official Rules (including any alleged breach thereof), any advertising, any aspect of the relationship or transactions between us, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into these Official Rules, you and Sponsor are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
- Prohibition of Class and Representative Actions and Non-Individualized Relief. YOU AND SPONSOR AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND SPONSOR AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S).
- Pre-Arbitration Dispute Resolution. Sponsor is always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing customer support at email@example.com. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to Sponsor should be sent to The Flex Company, 1600 Main Street, Venice, CA 90291, (“Notice Address”). The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If Sponsor and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or Sponsor may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Sponsor or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Sponsor is entitled.
- Arbitration Procedures. Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) rules and procedures, including the AAA’s Supplementary Procedures for Consumer-Related Disputes (collectively, the “AAA Rules”), as modified by this Arbitration Agreement. For information on the AAA, please visit its website, http://www.adr.org. Information about the AAA Rules and fees for consumer disputes can be found at the AAA’s consumer arbitration page, http://www.adr.org/consumer_arbitration. If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Official Rules as a court would. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under these Official Rules and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
Unless Sponsor and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination shall be made by AAA. If your claim is for $10,000 or less, Sponsor agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.
- Costs of Arbitration. Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the AAA Rules, unless otherwise provided in this Arbitration Agreement. If the value of the relief sought is $75,000 or less, at your request, Sponsor will pay all Arbitration Fees. If the value of relief sought is more than $75,000 and you are able to demonstrate to the arbitrator that you are economically unable to pay your portion of the Arbitration Fees or if the arbitrator otherwise determines for any reason that you should not be required to pay your portion of the Arbitration Fees, Sponsor will pay your portion of such fees. In addition, if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Finally, if the value of the relief sought is $75,000 or less, Sponsor will pay reasonable attorneys’ fees should you prevail. Sponsor will not seek attorneys’ fees from you. But, if you initiate an arbitration in which you seek more than $75,000 in relief, the payment of attorneys’ fees will be governed by the AAA Rules.
- Confidentiality. All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
- Severability. Without limiting the severability provision in Section 6 of the these Official Rules, if a court or the arbitrator decides that any term or provision of this Arbitration Agreement other than Section 6(b) above is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court decides that any of the provisions of Section 6(b) is invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void. The remainder of these Official Rules will continue to apply.
- Future Changes to Arbitration Agreement. Notwithstanding any provision in these Official Rules to the contrary, Sponsor agrees that if it makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a user of the Services, you may reject any such change by sending Sponsor written notice within thirty (30) calendar days of the change to the Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement.
- Winners List: For the name of the winner(s), please send a self-addressed stamped envelope to the Promotion Sponsor within ninety (90) days of the Drawing Date (residents of Vermont and Washington may exclude postage).
- Promotion Sponsor:
The Flex Company
1600 Main Street
Venice, California 90291
- Notice: The Promotion Sponsor reserves the right to prosecute and seek damages against any individual who attempts to deliberately undermine the proper operation of the Promotion in violation of these Official Rules and/or criminal and/or civil law.
Copyright © 2016 The Flex Company. All rights reserved. The Flex Company and the associated logo are registered trademarks of The Flex Company. Any other trademarks in these Official Rules are used for prize identification purposes ONLY and are the properties of their respective owners.