All entries must be received by May 22nd at 11:59 p.m. ET. NO PURCHASE NECESSARY.
’47 Boston Calling Giveaway
OFFICIAL RULES FOR THE ’47 BOSTON CALLING GIVEAWAY
NO PURCHASE NECESSARY. A PURCHASE WILL NOT IMPROVE YOUR CHANCE OF BEING SELECTED
DESCRIPTION: The “’47 Boston Calling Giveaway” begins on or about May 15th, 2016 10:00 a.m. Eastern Time (“ET”) and ends on May 22nd, 2016 at 11:59 p.m. ET (the “Submissions period”). During the Submissions Period entrants will have the opportunity to follow @47brand on Instagram and tag a friend in a ’47 Boston Calling Giveaway post (a “Submission”) for consideration as more fully set forth below. At the end of the Submission Period, ‘47 shall select an entrant or number of entrants to be determined in ’47 sole discretion from among all eligible Submissions received during the Submission Period, as set forth more fully below. Entry in the ’47 Boston Calling Giveaway does not constitute entry into any other giveaway, promotion, contest or sweepstakes. By participating in the ’47 Boston Calling Giveaway, each entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of ‘47, 15 SW Park, Westwood, MA 02090 (“’47”), which shall be final and binding in all respects. This ’47 Boston Calling Giveaway is in no way sponsored, endorsed or administered by, or in association with Facebook, Twitter, and Instagram.
HOW TO ENTER: During the Submissions Period, post your Submission on Instagram by tagging a friend in a ’47 Boston Calling Giveaway post. Any tag on a ’47 Boston Calling Giveaway post may be eligible. Once you post your tag, you will be entered into the ’47 Boston Calling Giveaway. Your Instagram account must be set for public viewing in order for your Submission to be eligible.
PRIZE: Each winner will receive one pair of tickets to one day at Boston Calling (Friday 5/27 or Saturday 5/28 or Sunday 5/29). Six pairs of tickets (two per day) will be awarded in total.
IMPORTANT NOTE: Limit one entry per person and/or household and/or e-mail address. Limit one Submission per person and/or household and/or e-mail address. Entries using more than one Instagram account will be ineligible. All entries must be received by the end of the Submissions Period in order to be considered. ’47 will be the official timekeeper for this Submission Period. Proof of entering information on Facebook, Twitter or Instagram is not considered proof of delivery to or receipt by ‘47 of such entry.
ELIGIBILITY: This ’47 Boston Calling Giveaway is open to persons who are eighteen (18) years of age or older (and have reached the age of majority in their jurisdiction) as of the date of entry. This ’47 Boston Calling Giveaway is void where prohibited by law.
SELECTION AND NOTIFICATION: At the end of the Submissions Period, the selected entrants will be selected by ’47 (or its designee). The selection process will be conducted at the sole discretion of ’47; each entrant agrees to be bound by and not challenge the final decisions of ’47. ’47 will attempt to notify potential winners by posting a comment on or replying to the potential winner’s Submission including ’47’s contact information. The potential winner must then contact ’47 using that contact information within one (1) day of notification. ’47 shall have no liability for any potential winner’s notification that is lost, intercepted or not received by a potential Selected Fan for any reason. If a potential winner does not respond within forty-eight (48) hours of the first notification attempt, or if the notification is returned as unclaimed or undeliverable to such potential winner, such potential winner will forfeit his or her eligibility and an alternate winner may be selected. If any potential winner is found to be ineligible, or if he or she has not complied with these Official Rules or declines for any reason prior to the shoot, such potential winner will be disqualified and an alternate winner may (but is not required to) be selected.
Potential winners will only be contacted by the handles “@47brand” or the ’47 Interactive & Brand Marketing Manager, “Victoria Barnaby”. Any other handles or contact through any other means are not authorized and have no affiliation with the ’47 Boston Calling Giveaway.
GENERAL LIABILITY RELEASE/FORCE MAJEURE: ’47 assumes no responsibility for any damage to ’47 Boston Calling Giveaway, or for any computer system, 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, ‘47 is not responsible for incomplete, illegible, misdirected, misprinted, late, lost, damaged, stolen, or postage-due submissions or 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; or for the incorrect or inaccurate capture of information, or the failure to capture any information. ‘47 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 ’47 Boston Calling Giveaway, 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 ’47 Boston Calling Giveaway, or to annoy, abuse, threaten or harass any other person, and ‘47 reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. No mechanically reproduced, illegible, incomplete, forged, software-generated or other automated multiple entries will be accepted. If a dispute as to the identity of the individual who actually submitted an entry cannot be resolved to ‘47’s satisfaction, the affected entry will be deemed ineligible. ‘47 reserves the right to modify, extend, suspend, or terminate the ’47 Boston Calling Giveaway if it determines, in its sole discretion, that the ’47 Boston Calling Giveaway is technically impaired or corrupted or that fraud or technical problems, failures or malfunctions or other causes beyond ‘47’s control have destroyed or severely undermined or to any degree impaired the integrity, administration, security, proper play and/or feasibility of the ’47 Boston Calling Giveaway as contemplated herein. If an insufficient number of eligible entries are received and/or ‘47 is prevented from selecting potential winners or continuing with the ’47 Boston Calling Giveaway 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 ‘47’s control (each a “Force Majeure” event or occurrence), then subject to any governmental approval which may be required, ‘47 shall have the right to modify, suspend, extend or terminate the ’47 Boston Calling Giveaway. If the ’47 Boston Calling Giveaway is terminated before the designated end date, ’47 will (if possible) select the potential winners from all eligible, non-suspect entries received as of the date of the event giving rise to the termination. Inclusion in such drawing shall be each entrant’s sole and exclusive remedy under such circumstances. These Official Rules cannot be modified or amended in any way except in a written document issued in accordance with law by a duly authorized representative of ’47. The invalidity or unenforceability of any provision of these rules shall not affect the validity or enforceability of any other provision. If 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.
DATES & DEADLINES/ANTICIPATED NUMBER OF ENTRANTS: ’47 reserves the right, in addition to those other rights reserved herein, to modify any date(s) or deadline(s) set forth in these Official Rules or otherwise governing the ’47 Boston Calling Giveaway. ‘47 cannot accurately predict the number of entrants who will participate in the ’47 Boston Calling Giveaway.
GOVERNING LAW/JURISDICTION: ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE OFFICIAL RULES OR THE RIGHTS AND OBLIGATIONS OF ENTRANTS OR ’47 IN CONNECTION WITH THE KICKOFF GIVEAWAY SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAWS OF THE STATE OF MASSACHUSETTS WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OF CONFLICT OF LAW RULES OR PROVISIONS THAT WOULD CAUSE THE APPLICATION OF ANY OTHER STATE’S LAWS.
ARBITRATION PROVISION: By participating in this ’47 Boston Calling Giveaway, each entrant agrees that (1) any claim, dispute, or controversy (whether in contract, tort, or otherwise) the entrant may have against ’47 arising out of, relating to, or connected in any way with the ’47 Boston Calling Giveaway, the awarding or redemption of participation in the’47 Boston Calling Giveaway and/or the determination of the scope or applicability of this agreement to arbitrate, will be resolved exclusively by final and binding arbitration administered by JAMS and conducted before a sole arbitrator in accordance with the rules of JAMS; (2) this arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16; (3) the arbitration shall be held in Boston, MA; (4) the arbitrator’s decision shall be controlled by the terms and conditions of these Official Rules and any of the other agreements referenced herein that the applicable participant may have entered into in connection with the ’47 Boston Calling Giveaway; (5) the arbitrator shall apply Massachusetts law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (6) there shall be no authority for any claims to be arbitrated on a class or representative basis, arbitration can decide only the entrant’s and/or the applicable ’47 individual claims; the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (7) the arbitrator shall not have the power to award punitive damages against the entrant, ’47 agrees to pay them and/or forward them on the entrant’s behalf, subject to ultimate allocation by the arbitrator. In addition, if entrant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, ’47 will pay as much of entrant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (9) with the exception of subpart (6) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the rules of JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (6) is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Provision shall be null and void, and neither entrant nor ’47 shall be entitled to arbitrate their dispute. For more information on JAMS and/or the rules of JAMS, visit their website at www.jamsadr.com.