Terms And Conditions
A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING. VOID WHERE PROHIBITED BY LAW.
The 2018 Firsthand Supply Monthly Sweepstakes ("Promotion") is sponsored by Firsthand Supply, Inc., ("Sponsor" or "Firsthand"), 17 Cox Ct, Beverly, MA 01915. By participating in the Promotion, you agree to the terms and conditions of the Firsthand website, which are available at https://firsthandsupply.com/pages/giveaway, incorporated herein by reference, and that your participation will be governed by, and you shall abide by, all of the following rules (the "Promotion Rules") outlined herein.
1. Eligibility: The Promotion is open only to individuals who (a) are legal residents of the fifty (50) United States and the District of Columbia, and (b) are at least eighteen (18) years old. Sponsor in its discretion may require a person who submits an Entry ("Participant") to provide verification of eligibility. No one involved in the administration of the Sweepstakes is eligible to enter or win.
2. Entry Period: The Promotion begins June 1, 2018 at 12:00:00 a.m. Eastern Time (“ET”) and ends on December 31, 2018 at 11:59:59 p.m. ET (the “Promotion Entry Period”). There will be seven (7) distinct and separate sweepstakes each lasting one (1) calendar month (the “Monthly Sweepstakes”). The initial Monthly Sweepstakes begins on June 1, 2018 at 12:00:00 a.m. ET and ends on June 30, 2018 at 11:59:59 p.m. ET. Subsequent Monthly Sweepstakes will follow each month beginning at 12:00:00 a.m. ET on the first day of the calendar month and ending the last day of the calendar month at 11:59:59 p.m. ET (the “Monthly Entry Period”). The timestamp generated by Instagram shall be the official time-keeping device for the Promotion.
3. How to Enter: All Entries shall be submitted through Instagram. Individuals must have or open an account with Instagram in order to participate in Sweepstakes. Instagram accounts are subject to the Instagram terms and conditions. Instagram account must not be set to "private" (Sponsor can only see your "public" photographs). In order to enter, complete the following steps:
1. Follow @FirsthandSupply on Instagram;
2. Upload to Instagram an original photograph of your Firsthand products or of yourself wearing Firsthand products (each an “Entry”); and
3. Include the hashtags #FirsthandSupply and #MyLook in the caption of the photograph.
To enter more than one photograph, repeat steps 2 and 3. Each original photograph will constitute one (1) Entry. Each eligible Participant may submit an unlimited number of Entries during the Sweepstakes Entry Period. By using the hashtags #FirsthandSupply and #MyLook to submit an Entry, you warrant and represent that
• your Entry photograph is original and does not infringe the intellectual property rights of any third party,
• you own or have the necessary licenses, rights, consents, and permissions to publish and exploit the Entry photograph,
• the Entry does not feature trademarks, logos, or brand names other than Firsthand Supply, and
• the Entry is not made for any improper purpose such as to intimidate or harass any individual or to ridicule, disparage, or embarrass Firsthand Supply.
No Entry shall contain any language or imagery which Sponsor deems, in its sole and absolute discretion, to be inappropriate, indecent, obscene, hateful, tortious, defamatory, or that promotes discrimination on the basis of race, gender, religion, nationality, disability, sexual orientation, or age. Sponsor reserves the right, in its sole discretion, to disqualify any Entry that contains any such language or imagery or which otherwise may be in violation of any law. Late, incomplete and/or inaccurate entries and entries not complying with all Rules are subject to disqualification. Any form of automated entry, including by the use of macros, scripts or bots, will be disqualified. Furthermore, by entering, each Participant represents and warrants that each Entry complies with these Promotion Rules in full. Entries must not contain any material that Sponsor, in its sole discretion, deems inappropriate for public viewing and/or determines is contrary to the Sweepstakes mission. Sponsor reserves the right in its sole discretion to disqualify and/or not accept any Entry that Sponsor determines does not or is likely not to comply with these guidelines.
Your submission of an Entry constitutes your legal representation that you are eligible to participate in the Promotion, and that you have read and agree to be bound by these Rules.
All Entries must be posted to Instagram no later than 11:59:59 pm ET on December 31, 2018.
4. Drawing: Winning Entries will be drawn at random by Sponsor on or about the 5th day of the month following the Monthly Entry Period.
5. Winner Notification, Requirements, and Grant of Rights: Sponsor, using the @FirsthandSupply Instagram account, will notify each month's Winner by making an Instagram comment on the winning Entry (the "Notification"), on or about the sixth (6th) day following the Monthly Entry Period in which the photograph was entered. To claim the Prize, Winner must respond to the Notification within seven-two (72) hours of its posting by emailing email@example.com with the Winner's full legal name, home, and email addresses. Sponsor may require Winner to also, within seventy-two (72) hours of Notification, return a declaration of eligibility and grant Sponsor in writing a royalty-free, irrevocable, transferrable, sublicensable, and non-exclusive perpetual license throughout the universe for use in any and all media whether now known or hereafter devised to use and exploit (including without limitation by reproduction, distribution, public display, adaptation, communication to the public, and/or public performance, and including for commercial purposes) the Entry photograph, waive to the full extent permitted by law any and all claims against Sponsor related to moral rights in the Entry, and except where prohibited, grant written permission to have the Winner's name, likeness and identity used for promotional purposes by Sponsor without additional compensation.
If there is a dispute as to the identity of an entrant, the Prize will be awarded to the authorized account holder of the Instagram account associated with the winning Entry, as registered with Instagram. Sponsor shall have no liability for a Winner's failure to receive notices due to Winners' failure to check Instagram; due to spam, junk e-mail or other security settings; or for Winners' provision of incorrect or otherwise non-functioning contact information. Sponsor may in its discretion announce the name of the potential Winner on www.firsthandsupply.com or in other forms of communication. The receipt by any Winner of the prize offered in this Contest is conditioned upon compliance with any and all federal and state laws and regulations.
The failure of a potential winner promptly to prove eligibility, sign the required declaration and grant of rights in the Entry, or Sponsors' inability to contact the potential winner, will result in immediate disqualification and selection of an alternative winner.
ANY VIOLATION OF THESE OFFICIAL RULES BY ANY WINNER (AT SPONSOR'S SOLE DISCRETION) WILL RESULT IN SUCH WINNER'S DISQUALIFICATION AS WINNER OF THE SWEEPSTAKES AND ALL PRIVILEGES AS WINNER WILL BE IMMEDIATELY TERMINATED.
6. Prizes: There shall be one (1) prize awarded each for each Monthly Sweepstakes (the "Monthly Prize") consisting of one (1) Firsthand Supply product of the winner's choosing up to the amount of $20; Total ARV of all Prizes: $140). Dopp Bags/Kits are not eligible for this sweepstakes. No cash or other prize substitutions are permitted except at Sponsor's sole discretion. The prize is nontransferable. Any and all prize related expenses, including, without limitation, any and all federal, state, and/or local taxes shall be the sole responsibility of each Winner.
7. Limitation of Liability:By entering, each Participant agrees to and hold harmless Sponsor and its subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, officers and directors (all of the foregoing, the "Sponsor Parties") from any liability, illness, injury, death, loss, litigation, claim or damage that may occur, directly or indirectly, whether caused by negligence or not, from (i) such Participant's participation in the Promotion and/or her/his acceptance, possession, use, or misuse of any prize or any portion thereof, (ii) technical failures of any kind, including but not limited any loss or damage to any Entry, (iii) the malfunctioning of any computer, cable, network, hardware or software; (iv) the unavailability or inaccessibility of any transmissions or telephone or Internet service; (v) unauthorized human intervention in any part of the entry process or the Promotion; (vi) electronic or human error which may occur in the administration of the Promotion or the processing of Entries; to the maximum extent allowed by law. Some jurisdictions may not permit certain liability limitations or waivers. If any court determines the law of such a jurisdiction applies, our liability shall be limited to the greatest extent permitted by law.
8. All Decisions Final: All decisions of Sponsor and Sponsor Parties are final and binding in all respects.
9. Disputes: THE PROMOTION IS GOVERNED BY THE LAWS OF THE UNITED STATES OF AMERICA AND THE STATE OF MASSACHUSETTS, WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. As a condition of participating in the Promotion, to the fullest extent allowed by law, Participant agrees that any and all disputes, claims, causes of action or controversies arising out of or in connection with the Promotion, shall be resolved in arbitration individually and without resort to collective, class, or aggregate action, as set forth in the Terms and Conditions of Sponsor’s website. By registering and/or submitting an Entry, each Participant irrevocably waives, to the greatest extent allowed by law, any right to seek and/or obtain rescission and/or equitable and/or injunctive relief. Further, in any such dispute, under no circumstances will Participant be permitted to obtain awards for, and hereby waives all rights to claim, punitive, incidental, or consequential damages, including reasonable attorneys' fees, other than Participant's actual out-of-pocket expenses (i.e. costs associated with entering the Promotion), and participant further waives all rights to have damages multiplied or increased.
NOTWITHSTANDING ANYTHING TO THE CONTRARY, IN NO EVENT, WILL THE SPONSOR OR THE SPONSOR PARTIES BE LIABLE TO ANY PARTICIPANT OR ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSS OF REVENUES, LOST PROFITS, LOST CAPITAL OR OVERHEAD, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WHETHER OR NOT SPONSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
10. General Terms and Conditions: All federal, state, and local laws and regulations apply, and the Promotion is void where prohibited. Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Promotion should (in its sole discretion) a virus, bugs, non-authorized human intervention, fraud or other causes beyond its control corrupt or affect the administration, security, fairness or proper conduct of the Promotion. In such case, Sponsor may select the recipients from all eligible Entries received prior to and/or after (if appropriate) the action taken by Sponsor. Sponsor reserves the right at its sole discretion to disqualify any individual who tampers or attempts to tamper with the entry process or the operation of the Promotion or who violates these Contest Rules. Sponsor is not responsible for lost, late, illegible, incomplete, damaged, mutilated, misdirected, mis-delivered, or delayed Entries, or for technical or human errors or failures of any kind in connection with the submission, transmission, processing or selection of Entries or the winning Entry, including without limitation any malfunctions or failures of computer hardware, computer software, networks or telephone equipment or any technical problems or traffic congestion on the Internet or at any website or late, lost, damaged, or postage due mail, or any combination thereof. Caution: Any attempt by a person to deliberately damage any Web site or undermine the legitimate operation of the Promotion is a violation of criminal and civil laws and should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent of the law. Sponsor is not responsible for any typographical or other error in the printing of the offer, administration of the Promotion, or in the announcement of the prize. Sponsor shall not be responsible for retaining copies of any Entry. These Promotion Rules set forth the entire agreement and understanding between Sponsor and Participant concerning the subject matter hereof and merges and supersedes all prior discussions, agreements, and understandings of any kind between them. Notwithstanding anything contained herein to the contrary, Sponsor reserves the right, in its sole discretion, at any future time to terminate, modify, or suspend the Promotion for any reason, in Sponsor's sole discretion. Participant shall be deemed an independent contractor and nothing contained herein shall constitute this arrangement to be employment, a joint venture, or a partnership. Sponsor's failure to enforce any provision of these Promotion Rules shall not constitute a waiver of any provision contained herein. If any provision of these Rules is found to be invalid or unenforceable by a court of competent jurisdiction or appointed arbitrator, such determination shall in no way affect the validity or enforceability of any other provision herein. The titles of Sections of these Promotion Rules are for convenience only and shall not be given any legal effect. The word "including" is used in these Promotion Rules to mean "including but not limited to."
11. Name of Winner: Each Monthly Winner will be announced on Sponsor’s Instagram account according to the schedule disclosed above.
12. Disclaimer: The Promotion is in no way sponsored, endorsed or administered by, or associated with, Instagram, and in no instance shall Instagram and its subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, officers and directors (all of the foregoing, the "Instagram Parties") be liable for any disputes, claims, causes of action or controversies arising out of or in connection with the Promotion.