Contest Rules

2019 Foster Grant 90th Anniversary Giveaway

OFFICIAL RULES

NO PURCHASE NECESSARY TO ENTER, PLAY OR WIN.  A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING.  VOID WHERE PROHIBITED.  YOU MUST BE A LEGAL RESIDENT OF ONE OF THE FIFTY (50) UNITED STATES OR DISTRICT OF COLUMBIA (“D.C.”) AND BE EIGHTEEN (18) YEARS OF AGE OR OLDER TO ENTER THIS SWEEPSTAKES.  YOU MUST BE IN THE UNITED STATES OR D.C. AT TIME OF ENTRY. THIS SWEEKSTAKES IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH, INSTAGRAM

1)         Sponsor and Entry Dates:  The 2019 Foster Grant 90th Anniversary Giveaway (“Sweepstakes”) is sponsored by FGX International Inc. (“Sponsor”).  The Sweepstakes begins at 12:00 a.m. Eastern Standard Time (“EST”) on 8/28/2019 and ends at 11:59:59 p.m. EST on 9/4/2019 (the “Promotion Period”).

2)         Eligibility: The Sweepstakes is open only to legal residents of the fifty (50) United States and the District of Columbia (excluding Puerto Rico and all other U.S. territories) who are eighteen (18) years of age or older as of the start date of the Sweepstakes (“Eligible Participants”). Employees, officers and directors of Sponsor, its parent company, affiliates, subsidiaries, divisions, advertising, promotional, fulfillment and marketing agencies (collectively the “Promotion Entities”), their immediate families (defined as parent, child, sibling & spouse; whether biological, adopted, step or in-law) and persons living in the same households as such employees (whether related or not), are not eligible to participate in the Sweepstakes and will not be considered Eligible Participants. Void where prohibited or otherwise restricted by law, rule or regulation. All federal, state, and local laws and regulations apply.  In the event of a dispute as to the identity of the entrant, the entrant will be deemed the person named on the Sweepstakes entry.

 

3)  HOW TO ENTER: During the Sweepstakes Entry Period, visit https://fostergrant.com/90thanniversarygiveaway  and complete the entry form, including your name, address, email, phone number,  gender preference and date of birth.  

Limit one (1) entry per person. If Sponsor discovers that more than one (1) entry is received from the same person, all such entries from that person will be disqualified. No entries may be submitted on behalf of another person. No mechanically reproduced entries are permitted. Sponsor is not responsible for lost, late, ineligible, misdirected, damaged, incomplete or past due entries. Time of entry is determined based on time of receipt by Sponsor (not time of attempted transmission by entrant).  Proof of submission is not proof of receipt.  Sponsor is not responsible for lost, late, misdirected or incomplete entries.  Entries made through any robotic, automatic, mechanical, programmed or similar entry duplication method are ineligible and will be disqualified.  Entries become the property of Sponsor and may not be acknowledged or returned.  Sponsor does not sell your information to any third party. For more information about our privacy policy, please visit www.fgxi.com/privacypolicy

4)         Winner Determination:  At the conclusion of the Promotion Period, Sponsor will randomly select one (1) entry from among all eligible entries received during the Promotion Period to award the Prize.  The person associated with that entry will be deemed a “Qualifier.”  The Qualifier will be notified via email or telephone (the “Qualifier Notification”) and will be required to answer a skill question and verify eligibility within three (3) days of the send date of Qualifier Notification.  If the Qualifier correctly answers the skill question and is verified as eligible within the specified time frame, he/she will be deemed the “Winner.” Odds of being selected as the Qualifier depend on the number of eligible entries received.  Sponsor’s decisions are final and binding on winner determination and all other matters related to this Sweepstakes.

5)         Prizes:

One (1) grand prize package will be awarded in this Sweepstakes consisting of:  

(a) 10 (ten) pairs of Foster Grant sunglasses from the 90th Anniversary Capsule Collection, (approximate retail value (ARP) - $390). All federal, state, local, and other taxes on prizes are the sole responsibility of the Winner. Any costs associated with prize acceptance and uses that are not specified herein as being provided by Sponsor are the Winner’s sole responsibility.  In the event of unavailability, Sponsor reserves the right to substitute a prize or any prize component with a prize of equal or greater value. A prize recipient shall not be permitted to (a) replace his/her designated prize with another prize or item (b) redeem the prize for cash or (c) transfer or assign his/her designated prize to another person. The verified Winner’s prize will be shipped to him/her at the shipping address provided by Winner.  If Qualifier Notification is returned as undeliverable, if Qualifier fails to comply with directions provided by Sponsor, or if Qualifier is determined to be ineligible for any reason, prize will be forfeited and an alternate Qualifier will be randomly selected from the remaining eligible entries, and the same Winner determination/verification process will be followed.  Up to three (3) attempts will be made to determine/verify a Winner, and if there is no Winner after three (3) attempts, the prize may not be awarded.   Any unclaimed prizes will not be awarded.  Total ARV of all prizes:  $390.00

6)         General: All entrants agree to comply fully with each provision in these Official Rules.  Sponsor’s decisions are final on all matters relating to this Sweepstakes. Any person attempting to defraud or in any way tamper with this Sweepstakes or any person who does not comply with these Official Rules, will be ineligible for a prize and may be prosecuted to the fullest extent of the law. Any attempt to deliberately damage any website or to undermine the legitimate operation of this Sweepstakes is a violation of criminal and civil laws, and should such an attempt be made, Sponsor reserves the right to seek remedies and damages to the fullest extent permitted by law, including criminal prosecution.  Sponsor reserves the right, in its sole discretion and without liability, to cancel, modify, or suspend the Sweepstakes should a technology failure, virus, bug or other cause beyond the reasonable control of Sponsor corrupt the security or proper administration of the Sweepstakes or prevent the Sweepstakes from running as originally planned, and to the extent feasible, Sponsor will select a Qualifier, determine and verify the Winner, and award the prize from among entries received prior to cancellation or modification. Sponsor is not responsible for Internet, computer hardware and software, phone, and other technical errors, malfunctions, and delays. Entries which are not in compliance with these Official Rules are void.

By submitting an entry and/or accepting a prize, each winner grants to Sponsor, its parent and affiliated companies the right, except where prohibited by law, to use his/her name and address (city and state) for advertising and promotional purposes across all of Sponsor’s web, social and digital media sites without compensation (unless prohibited by law).

7)         Release of Liability: By entering the Sweepstakes and/or accepting a prize, all entrants release Sponsor, Instagram and each of their affiliates, partners, subsidiaries, and all entities associated with the development and execution of this Sweepstakes, and each of their officers, directors, agents, employees (collectively the “Released Parties”) from any and all liability with respect to and in any way arising from participating in this Sweepstakes, entries and/or from their acceptance, possession, use or mis-use of prizes, including any responsibility or liability for any (a) lost, stolen, delayed, damaged or misdirected entries, or (b) any problems or technical malfunctions of any telephone network or lines, computer on-line systems, servers, access providers, computer equipment, software, failure or delay of any email or entry to be received on account of technical problems or traffic congestion on the Internet or at any website, or (c) any combination thereof including, but not limited to, any injury or damage to an entrant’s or any other person’s computer or other equipment related to or resulting from entrant’s participation in the Sweepstakes. All federal, state and local laws and regulations are applicable. The Sweepstakes is void where restricted or prohibited by law.

8)         Limitation of Liability, Disputes and Choice of Law: IN NO EVENT WILL ANY OF THE RELEASED PARTIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF AN ENTRANT’S ACTION TO PARTICIPATE IN THE SWEEPSTAKES. ALL PRIZES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.

Except where prohibited, participants agree that: (a) any and all disputes, claims, and causes of action arising out of or connected with this Sweepstakes shall be resolved individually, without resort to any form of class action, and exclusively by an action in the Federal or State Courts located in the State of Rhode Island, Providence County and (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in this Sweepstakes but in no event attorneys’ fees; and (c) under no circumstances will entrant be permitted to obtain awards for and entrant hereby waives all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of participant and the Sponsor in connection with this Sweepstakes, shall be governed by, and construed in accordance with the laws of the State of Rhode Island without regard for conflicts of law doctrine of any jurisdiction.

9)         Privacy Policy:  Information collected from entrants is subject to Sponsor’s privacy policy, which is available at the following address: www.fgxi.com/privacypolicy

10)       Winner’s List:  The name of the winner may be obtained by sending a self-addressed stamped envelope postmarked by 10/4/2019 to: FGX International Inc. 1450 Broadway, 10th Floor, NY, NY, 10018:  Attention:  2019 Foster Grant Anniversary Giveaway Winner List.

11)       Sponsored by: FGX International Inc., 500 George Washington Highway, Smithfield, RI 02917.