2019 Foster Grant® Meet Kat in NYC Sweepstakes (“Sweepstakes”)
NO PURCHASE IS NECESSARY TO ENTER, PLAY OR WIN. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. THE SWEEPSTAKES IS OPEN TO LEGAL RESIDENTS OF THE UNITED STATES (EXCLUDING RHODE ISLAND) AND THE DISTRICT OF COLUMBIA WHO ARE TWENTY-ONE (21) YEARS OF AGE OR OLDER AT TIME OF ENTRY. THIS SWEEPSTAKES IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH, INSTAGRAM.
1. DESCRIPTION OF SWEEPSTAKES: Entrants will have the opportunity to enter to win one (1) grand prize package from FGX International Inc. (the “Sponsor”). Entrants must follow @FosterGrant on Instagram and fill out an official entry form available at www.fostergrant.com/2019NYCSweepstakes to enter.
2. ELIGIBILITY: The Sweepstakes is open only to legal residents of the United States (excluding Rhode Island) and the District of Columbia as of the time of entry and through completion of the Sweepstakes and who are twenty-one (21) years of age or older as of the start date of the Sweepstakes. Employees of Sponsor, Kat Graham, and each of their parent companies, subsidiaries, affiliates, promotion and other vendor agencies involved in this Sweepstakes (collectively, the “Sweepstakes Parties”), as well as the immediate family members (defined as spouse, parents, siblings and children; whether biological, adopted, step or in-law) and household members of such employees, are not eligible to enter or win. Void in Rhode Island and where prohibited or restricted by law. The Sweepstakes is subject to all applicable federal, state, and local laws and regulations.
3. SWEEPSTAKES TIMING: The Sweepstakes will begin at 12:00:00 a.m. Eastern Time (“ET”) on August 9, 2019 and will end at 11:59:59 p.m. ET on August 23, 2019 (the “Sweepstakes Entry Period”).
4. HOW TO ENTER: During the Sweepstakes Entry Period, (1) follow the Foster Grant® Instagram page at @FosterGrant and complete the entry form located at www.fostergrant.com/2019NYCSweepstakes, 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.
5. PRIZE DETAILS/ODDS OF WINNING: There is one (1) prize that will be awarded with this Sweepstakes consisting of:
(a) One (1) 2019 Foster Grant® Meet Kat in NYC Sweepstakes grand prize package consisting of a trip for the grand prize winner and one (1) guest to meet Kat Graham at the Foster Grant® sponsored event in New York City on September 9, 2019 (“Grand Prize”). The Grand Prize includes:
Round trip coach airfare for the grand prize winner and guest between the major United States gateway airport closest to the winner’s residence and the New York City area (with possible layovers, as determined solely by Sponsor.)
One-Hundred Fifty Dollars ($150.00) cash for round trip ground transfers between the airport and hotel in the New York City area.
Double occupancy hotel accommodations consisting of one (1) standard room with a maximum of two (2) persons per room for three (3) nights at a hotel in the New York City area to be determined by Sponsor.
Two (2) tickets to the Foster Grant® sponsored event on September 9, 2019 for the Grand Prize winner and guest.
The total approximate retail value (“ARV”) of the Grand Prize is $2,500.00.
Odds of winning are dependent on number of eligible entries received. Actual retail value of the Grand Prize may vary and depends on the location of winner’s residency and dates of travel in connection with the Grand Prize. Any difference between actual value and ARV will not be awarded. All other expenses not specifically provided herein are the responsibility of the winner. Sponsor reserves the right to substitute a prize (or portions thereof) of equal or greater value if the Grand Prize (or portions thereof) cannot be awarded as described or become unavailable for any reason. Sponsor will determine all elements of prizing in its sole discretion. In connection with the Grand Prize: (w) travel restrictions, conditions, limitations, and blackout dates may apply; (x) trip will be completed on or about September 8 to September 11, 2019 (exact dates of travel at Sponsor’s sole discretion); (y) Grand Prize winner and his/her guest must travel on the same itinerary; (z) Grand Prize winner’s guest must be twenty-one (21) years of age or older unless the Grand Prize winner is such guest’s parent or legal guardian.
6. WINNER SELECTION AND NOTIFICATION: This is a game of chance. Potential winner will be selected at random from all eligible entries on or about August 26, 2019. Winner will be notified on or about August 26, 2019 of the drawing by telephone or email at the telephone number or email address provided on his/her entry form (the “Winner Notification”). Included with the Winner Notification will be an Affidavit of Eligibility and Liability/Publicity Release (“Prize Claim Form”) and a Guest Liability/Publicity Release (“Guest Form”). The potential winner will be required to complete, sign, and return the Prize Claim Form (where legal) with ten (10) days of the postmark date on the Winner Notification, or the Grand Prize will be forfeited and may be awarded to an alternate potential winner selected at random from the remaining eligible entries. The Grand Prize winner’s guest (or Grand Prize winner of behalf of guest if Grand Prize winner is the parent/legal guardian of such guest) must sign the Guest Form prior to travel and prior to confirming reservations. If the Winner Notification is returned as undeliverable, if a potential winner fails to complete and return Prize Claim Form in a timely manner as directed, if the potential winner fails to have his/her guest sign the Guest Form in a timely manner (as determined by Sponsor), or if Sponsor determines that the potential winner is ineligible or not in compliance with these Official Rules, the Grand Prize will be forfeited and may be awarded to alternate potential winner in a random drawing of the remaining eligible entries. Sponsor will make up to three (3) attempts to award the Grand Prize and if the Grand Prize remains unclaimed, the Grand Prize may not be awarded in Sponsor’s sole discretion.
7. AGREEMENT TO OFFICIAL RULES: Submitting an entry or accepting the Grand Prize constitutes full and unconditional agreement to an acceptance of these Official Rules and the decisions of the Sponsor, which are final and binding. Winning the Grand Prize is contingent on fulfilling all requirements set forth herein. The Grand Prize may not be transferred, and no substitution or cash redemption of the Grand Prize is allowed except that the Sponsor reserves the right to substitute a prize of equal or greater value if the Grand Prize (or portions thereof) becomes unavailable or cannot be awarded as described for any reason. Taxes (federal, state, and local) on the Grand Prize are the sole responsibility of the winner, and winner will receive an IRS Form 1099 for the retail value the Grand Prize. Winner is responsible for any costs or expenses associated with their acceptance and use of the Grand Prize.
8. GENERAL TERMS: By entering, participants agree to release and hold harmless each of the Sweepstakes Parties, Instagram and each of their respective directors, officers, employees, and agents (collectively the “Released Parties”) from any and all liability for any injuries, loss, or damage of any kind arising from or in connection with this Sweepstakes or the Grand Prize, including any injuries, loss or damage of any kind arising from or in connection with participation on the Sweepstakes, acceptance, use or mis-use of the Grand Prize, or participation in and/or travel to/from any prize-related event. The Released Parties are not responsible for any typographical or other errors in the printing of this offer, administration of the Sweepstakes or in the announcement of the Grand Prize. The Sponsor reserves the right to abbreviate, modify, suspend, cancel or terminate the Sweepstakes if the Sponsor determines (in its sole discretion) that (a) fraud, misconduct or technical failures destroy the integrity of the Sweepstakes, (b) any event corrupts the administration or security of the Sweepstakes, or (c) the integrity and/or feasibility of the Sweepstakes is or could be undermined by any event including but not limited to fire, flood, epidemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, war (declared or undeclared), terrorist threat or activity, or any federal, state or local government law, order or regulation, order of any court or jurisdiction, or other cause not reasonably within the Sponsor’s control. In such event, the Sponsor reserves the right, but not the obligation, to award the Grand Prize from among all valid and eligible entries received up to the time of such event. Sponsor reserves the right to prohibit the participation of an individual if fraud, tampering or unsportsmanlike conduct is suspected, or of the entrant fails to comply with any requirement of participation as stated in these Official Rules. All entries become the property of the Sponsor and will not be returned.
By entering and accepting the prize, the winner grants (and agrees to confirm such grant in writing promptly upon request) to the Sweepstakes Parties the right to the use of his/her name, photograph, likeness, voice, image, and statements at any time or times for advertising, trade, publicity and promotional purposes in any media now known or hereafter discovered, worldwide and on the World Wide Web, without review, notification, approval or additional compensation, unless prohibited by law.
9. LIMITATION OF LIABILITY, DISPUTES, ARBITRATION 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 PARTICIPANT’S ACTION TO PARTICIPATE IN THE SWEEPSTAKES. THE GRAND PRIZE IS 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 participant 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.
11. WINNER LIST: The name of the Grand Prize winner may be obtained by sending a self-addressed, stamped envelope postmarked by September 30, 2019: FGX International Inc., 500 George Washington Highway, Smithfield, RI 02917, Attention: 2019 Foster Grant® Meet Kat in NYC Sweepstakes Winner List.
12. SPONSOR: FGX International Inc., 500 George Washington Highway, Smithfield, RI 02917.
Foster Grant is a registered trademark of FGX International Inc.